CHAPTER 33: POLICE DEPARTMENT; FIRE/EMERGENCY MEDICAL SERVICE (EMS) DEPARTMENT
Section
Police Department
   33.01   Role and authority
   33.02   Chief of Police
   33.03   Oath of Office
   33.04   Concealed weapons authorized
   33.05   Policy and procedure manual; rules and regulations adopted
   33.06   Police dogs
   33.07   Interlocal Cooperation Act
   33.08   Police Chief; qualifications; manner of appointment
   33.09   Mandatory retirement
Fire/Emergency Medical Service (EMS) Department
   33.20   Chief of Fire/EMS
   33.21   Oath of office
   33.22   Policy and procedure manual; rules and regulations adopted
   33.23   Qualifications for Fire/EMS Chief
   33.24   Mandatory retirement
   33.25   Designation as advanced life support/emergency medical provider
POLICE DEPARTMENT
§ 33.01 ROLE AND AUTHORITY.
   (A)   The Police Department shall be responsible for enforcing all laws relating to traffic and crimes in accordance with the United States and Kentucky Constitutions, Kentucky Revised Statutes and City ordinances.
   (B)   The Police Department shall perform other duties required by state statutes or City ordinances.
§ 33.02 CHIEF OF POLICE.
   (A)   Pursuant to the requirements of KRS 83A.080, the Office of the Chief of Police is hereby created.
   (B)   The Chief of Police shall be appointed by the Board of Commissioners and shall serve as the Chief Executive Officer of the Police Department.
   (C)   The Chief of Police is responsible for the management, direction, and control of the operations and administration of the Police Department. The Chief of Police shall also be responsible for other duties as assigned by the City Manager, ordinance, or statute.
§ 33.03 OATH OF OFFICE.
   The Chief of Police before entering upon the discharge of his or her duties, shall take an oath before the Mayor to faithfully discharge the duties of his or her office. The oath shall be subscribed by the person taking it, and filed in the Office of the City Clerk.
§ 33.04 CONCEALED WEAPONS AUTHORIZED.
   (A)   All members of the Police Department who carry deadly weapons on or about their persons in their regularly scheduled duties as police officer for the City may carry concealed deadly weapons on or about their persons at all times within the state.
   (B)   Deadly weapons that may be carried by members of the Police Department within the state are those weapons that are usually carried by such officers in performing their duties while on regularly scheduled shift of duty.
   (C)   This section is enacted for the express purpose of protecting the police officer from prosecution under provisions of KRS 527.020(3) when they may be outside the corporate limits of the City and for no other purpose.
(1995 Code, § 2.16.010)
§ 33.05 POLICY AND PROCEDURE MANUAL; RULES AND REGULATIONS ADOPTED.
   (A)   The City adopts a policy and procedure manual and rules and regulations for the Police Department, which governs the rules, and regulations for the conduct, management and operation of the police department of the City and the management and conduct of the affairs of the Department. A copy of the manual is on file with the City Clerk and is incorporated herein by reference as if fully set forth herein.
   (B)   The Chief of Police shall have the authority to amend and supplement the rules and regulations as adopted by the Board of Commissioners provided, however, that any changes or additions shall be reviewed and approved by the Board of Commissioners on an annual basis.
§ 33.06 POLICE DOGS.
   (A)   Prohibited conduct. No person shall interfere with or harass any police dog owned or used by the Police Department while the police dog is in the performance of any law enforcement functions or duties; nor shall any person intentionally or maliciously or attempt to intentionally or maliciously, torture, torment, beat, strike, mutilate, disable, kill or otherwise injure or harm any police dog while such police dog is in the performance of any law enforcement functions or duties.
   (B)   Penalty. Any person violating the provisions herein shall be guilty of a Class A misdemeanor and shall be subject to fine and/or imprisonment in accordance with the penalties for a Class A misdemeanor as provided for in the Kentucky Revised Statutes.
(1995 Code, § 2.16.030) (Ord. O-95-4, passed 2-27-1995) Penalty, see § 10.99
§ 33.07 INTERLOCAL COOPERATION ACT.
   The City has executed an Interlocal Cooperation Agreement pursuant to KRS 65.210 to 65.300 with the City of Covington of Kenton County for the joint exercise of police powers. A copy of this agreement shall be maintained on file in the Office of the Chief of Police and City Clerk.
§ 33.08 POLICE CHIEF; QUALIFICATIONS; MANNER OF APPOINTMENT.
   (A)   The minimum qualifications for Police Chief shall be:
      (1)   Possess: a masters degree from an accredited university or college; or, possess a bachelor’s degree from an accredited university or college and be a graduate from a recognized police command school; and accompanying either a degree, 5 years of progressive supervisory experience in law enforcement; or
      (2)   Ten years of law enforcement experience including at least 6 years of progressive supervisory experience, having completed a minimum of 1,000 hours of police related training or education, and having achieved the rank of lieutenant or higher.
       (3)   Candidates for the position appear before the Board of Commissioners and the City Manager for an oral interview.
(1995 Code, § 2.80.220) (Ord. O-98-18, passed 9-28-1998; Am. Ord. O-2012-008, passed 3-26-2012)
§ 33.09 MANDATORY RETIREMENT.
   Each member of the Police Department, shall be compulsorily retired on the last day of the calendar month within which he or she reaches and attains his or her sixtieth birthday. however:
   (A)   Any member may , no later than 90 calendar days prior to his or her sixtieth birthday, make written application to the City Manager for permission to remain as a member of the Department beyond his or her sixtieth birthday.
   (B)   (1)   If, upon investigation, it is found that a member making application under division (A) above is physically able to perform the duties assigned him or her by a duly qualified, licensed physician approved by the City Manager, paid for by the member making application, his or her application or request shall be submitted to the City Manager and, if approved then the member shall continue as a member of the Department for an additional 1-year period.
      (2)   During the period, he or she shall be physically able to perform the duties assigned to him or her.
      (3)   The physician shall provide to the City Manager a detailed report of the applicant’s physical condition and his or her physical ability to perform his or her duties in the Department.
      (4)   At a minimum, the physician shall test the applicant’s heart, vision hearing kidneys, nose, mouth and throat, hands and feet to determine if there are any abnormalities in the applicant’s physical condition that would adversely affect his or her ability to perform his or her duties in the Department.
      (5)   The 1-year period shall commence the first day of the month following the month in which his or her sixtieth birthday occurs.
      (6)   Similar requests may be made from year to year provided written application is made not later than 90 calendar days prior to the expiration of any request granted. However , no more than five 1-year extensions shall be granted for any member, so that the absolute mandatory retirement age for any member shall be age 65.
   (C)   Each written application or request shall be acted upon, and the member notified in writing, of the action or decision of the City Manager not later than 60 calendar days after filing of the application or request, but any failure to notify the member within 60 calendar days shall not be deemed as waiver or forfeiture of the discretionary power of the city to refuse to allow the member to continue as a member of the Department, but same shall be deemed a denial and refusal of the application or request.
   (D)   Nothing contained in this section shall preclude any member able to perform his or her assigned duties from becoming vested in the public employee pension system.
(1995 Code, § 2.80.230) (Ord. O-98-18, passed 9-28-1998; Am. Ord. O-2000-13, passed 10-16-2000; Am. Ord. O-2016-007, passed 6-13-2016)
FIRE/EMERGENCY MEDICAL SERVICE (EMS) DEPARTMENT
§ 33.20 CHIEF OF FIRE/EMS.
   (A)   Pursuant to the requirements of KRS 83A.080, the Office of the Fire/EMS Chief is hereby created.
   (B)   The Fire/EMS Department shall be supervised by a Fire/EMS Chief appointed by the Board of Commissioners. The Fire/EMS Chief shall be responsible for enforcing all ordinances relating to fire prevention, fire suppression, emergency medical services and shall perform other duties assigned by the City Manager, ordinance and statute.
§ 33.21 OATH OF OFFICE.
   The Fire/EMS Chief before entering upon the discharge of his or her duties, shall take an oath before the Mayor to faithfully discharge the duties of his or her office. The oath shall be subscribed by the person taking it, and filed in the Office of the City Clerk.
§ 33.22 POLICY AND PROCEDURE MANUAL; RULES AND REGULATIONS ADOPTED.
   (A)   The City adopts a policy and procedure manual and rules and regulations for the Fire/EMS Department, which governs the rules, and regulations for the conduct, management and operation of the Fire/EMS Department of the City and the management and conduct of the affairs of the Department. A copy of the manual is on file with the City Clerk and is incorporated herein by reference as if fully set forth herein.
   (B)   The Fire/EMS Chief shall have the authority to amend and supplement the rules and regulations as adopted by the Board of Commissioners provided, however, that any changes or additions shall be reviewed and approved by the Board of Commissioners on an annual basis.
§ 33.23 QUALIFICATIONS FOR FIRE/EMS CHIEF.
   (A)    The minimum qualifications for Fire/EMS Chief shall be:
      (1)   A bachelor’s degree in fire science, public administration or business administration or graduation from the National Fire Academy Executive Officers Program, or a minimum of 10 years in Fire/EMS service, with 6 years professional management experience in Fire/EMS administration, which includes a minimum of 3 years supervisory experience, or any combination of training and experience which provides the desired knowledge, skills and abilities. Such qualifications may be subsequently modified by changes in the Personnel Policy which shall control; and
      (2)   The candidates for the position appear before the Board of Commissioners and the City Manager for an oral interview for qualification.
   (B)   The Board of Commissioners in making an appointment shall choose the applicant who, in its judgment, seems to be the best fitted for the appointment.
(1995 Code, § 2.80.460) (Ord. O-98-18, passed 9-28-1998; Am. Ord. O-2013-003, passed 6-17- 2013; Am. Ord. O-2021-018, passed 10-18-2021)
§ 33.24 MANDATORY RETIREMENT.
   Each member of the Fire/EMS Department shall be compulsorily retired on the last day of the calendar month within which he or she reaches and attains his or her sixtieth birthday; however:
   (A)   Any member may, no later than 90 calendar days prior to his or her sixtieth birthday, make written application to the City Manager for permission to remain as a member of the Department beyond his or her sixtieth birthday.
   (B)   (1)   If, upon investigation, it is found that a member making application under division (A) above is physically able to perform the duties assigned him or her by a duly qualified, licensed physician, approved by the City Manager, but paid for by the member making application, his or her application or request shall be submitted to the City Manager and, if approved, then the member shall continue as a member of the Department for an additional 1-year period.
      (2)   During the period, he or she shall be physically able to perform the duties assigned to him or her.
      (3)   The physician shall provide to the City Manager a detailed report of the applicant’s physical condition and his or her physical ability to perform his or her duties in the Department.
      (4)   At a minimum, the physician shall test the applicant’s heart, vision, hearing, kidneys, nose, mouth and throat, hands and feet to determine if there are any abnormalities in the applicant’s physical condition that would adversely affect his or her ability to perform his or her duties in the Department.
      (5)   The 1-year period shall commence the first day of the month following the month in which his or her sixtieth birthday occurs.
      (6)   Similar requests may be made from year to year provided written application is made not later than 90 calendar days prior to the expiration of any request granted. However, no more than five 1-year extensions shall be granted for any member, so that the absolute mandatory retirement age for any member shall be age 65.
   (C)   Each written application or request shall be acted upon, and the member notified, in writing, of the action or decision of the City Manager not later than 60 calendar days after filing of the application or request, but any failure to notify the member within 60 calendar days shall not be deemed as a waiver or forfeiture of the discretionary power of the City to refuse to allow the member to continue as a member of the Department, but same shall be deemed a denial and refusal of the application or request.
   (D)   Nothing contained in this section shall preclude any member able to perform his or her assigned duties from becoming vested in the public employee pension system.
(1995 Code, § 2.80.470) (Ord. O-98-18, passed 9-28-1998; Am. Ord. O-2000-13, passed 10-16- 2000; Am. Ord. O-2016-006, passed 6-13-2016)
§ 33.25 DESIGNATION AS ADVANCED LIFE SUPPORT/EMERGENCY MEDICAL PROVIDER.
   (A)   In order to facilitate the prompt dispatch of emergency ambulance services when needed to protect life and health, and to further promote the health, safety and welfare of its citizens, the City Fire/EMS Department is hereby designated as the advanced life support/emergency ambulance provider of all emergency and 911 calls within the City.
   (B)   Except for local governments that have entered into mutual aid agreements with the City to provide emergency ambulance services, every other ambulance service provider that has been appropriately authorized by the Commonwealth of Kentucky to provide such services and which has obtained the requisite occupational license from the City, shall enter into a mutual aid agreement with the City to provide non-emergency service requests only, including non-emergency advanced life support services, if so qualified.
   (C)   Except for local governments that have entered into mutual aid agreements with the City to provide emergency ambulance services, no other ambulance service shall be given access to the Campbell County Consolidated Dispatch Center’s E-911 system for call for services within the City.
(Ord. O-2021-013, passed 8-16-2021)