Request By:
Honorable Charles Shelby
Mayor, City of Wingo
P.O. Box 117
Wingo, Kentucky 42088
Opinion
Opinion By: Steven L. Beshear, Attorney General; By: Walter C. Herdman, Assistant Deputy Attorney General
This is in answer to your letter of July 9 in which you seek information concerning the jurisdiction of marshals of cities of the sixth class.
KRS 95.800, which gives countywide jurisdiction to marshals of cities of the sixth class, has been repealed by Senate Bill 26, effective July 15, which means that city marshals no longer have any jurisdiction outside of the city limits of any sixth class city. In McQuillin Mun. Corps., Vol. 6, § 24.57, this position is sustained as follows:
"As a general rule municipal police power and ordinances operate only within the municipal area, and the police power of a municipal corporation cannot be exercised outside its boundaries without special authorization. . . ."
We likewise doubt that the city council could extend the marshal's jurisdiction outside the city under its new home rule power expressed in KRS 82.020 as such power is specifically confined to its corporate boundaries.