Request By:
Honorable Thomas L. MacDonald
City Attorney
City of Flemingsburg
105 Main Cross Street
Flemingsburg, Kentucky 41041
Opinion
Opinion By: Robert F. Stephens, Attorney General; By: Walter C. Herdman, Assistant Deputy Attorney General
This is in answer to your letter of April 6 in which you raise the following question in connection with the city of Flemingsburg, a city of the fourth class:
"I have been asked by the Mayor whether or not the mayor and/or the City Council of this city has the authority to limit the jurisdiction of the Flemingsburg City Police to within the city limits, not withstanding the provisions of KRS which provide county wide jurisdiction for police officers of a city of the fourth class. "
In response to your question we initially refer you to KRS 95.470 which provides that members of the police department may exercise county wide jurisdiction in connection with making arrests, etc. You will note that this authority is permissive and not mandatory as pointed out in OAG 70-287, copy attached. At the same time, KRS 95.700 authorizes the city legislative body to establish and regulate the police department pursuant to ordinance. In OAG 70-378 [copy attached] , pertaining to the jurisdiction of police officers in fourth class cities, we mentioned that, pursuant to KRS 95.700, the city council had the authority to limit and restrict the operation of the police force outside the city limits.
Under the circumstances, it was and continues to be the opinion of this office that the city council, pursuant to its authority to regulate the police department, may restrict the operation of the police department to the city limits. Of course, as also pointed out in OAG 70-287, it is well settled that for any public offense, including violation of ordinances, city police officers may arrest beyond the city limits anywhere within the state when in hot pursuit of the offenders so long as the pursuit was begun in the city, and the council should keep this in mind in any attempt to restrict the jurisdiction of the department.