Request By:
The Honorable William F. Bennett
District Judge - Division II
Daviess District Court
311 West Second Street
Owensboro, Kentucky 42301
Opinion
Opinion By: Steven L. Beshear, Attorney General; By: Thomas R. Emerson, Assistant Attorney General
This is in reply to your letter concerning the jurisdiction of the district court in connection with the enforcement of the city's vehicle sticker ordinance.
You state that when the District Court came into existence, you were informed that the District Court had no jurisdiction over parking violations in the city, covered by a city ordinance, until such time as the alleged violator was brought before the District Court by the city, pursuant to either a summons or warrant, or by the defendant requesting a hearing before the court.
The city has imposed a $10 vehicle sticker fee for use of the city's streets and has placed a $50 fine on anyone not having the sticker by April 1st of each year. In your opinion the district court does not obtain jurisdiction of the alleged violation merely because the city cites a person for not having the sticker. Since a city ordinance is involved it is your opinion that the alleged violation must be brought before the District Court in the same manner as an alleged parking violation.
In connection with the criminal jurisdiction of the District Court, KRS 24A.110(2) provides as follows:
"The district court has exclusive jurisdiction to make a final disposition of any charge or a public offense denominated as a misdemeanor or violation, except where the charge is joined with an indictment for a felony, and all violations of county, urban-county, or city ordinances and, prior to trial, to commit the defendant to jail or hold him to bail or other form of pretrial release."
As we said in OAG 78-168, copy enclosed, at page three, KRS 24A.110(2) clearly supports the District Court's jurisdiction to dispose of any non-felony criminal offense. The charge may be brought by information or complaint (and the subsequent issuance of a warrant or summons) , and there is no constitutional requirement that it be brought by indictment.
KRS 431.015 provides in part that a peace officer may issue a citation instead of making an arrest for a misdemeanor or violation committed in his presence. If the defendant fails to appear in response to the citation, a complaint may be made before a judge and a warrant shall issue. In connection with the effect of a citation when the defendant fails to appear, we direct your attention to OAG 77-66, copy enclosed, where we said in part as follows:
". . . A defendant charged with a misdemeanor cannot be tried in his absence unless that absence is voluntary. A citation is not a court process. It merely issues from a peace officer and it does not have the legal efficacy of a summons or warrant. Duncan v. Brothers, Ky., 344 S.W.2d 398 (1961). A court does not have jurisdiction to impose a fine without the defendant being properly before it, either by way of personal appearance or a warrant or summons . . . ."
It is, therefore, the opinion of this office that if a peace officer issues a citation charging a person with the violation of a city ordinance, and the person fails to appear in response to the citation, the District Court cannot acquire jurisdiction and cannot impose a fine against the person until the person is properly before the court, either by way of a voluntary personal appearance or pursuant to a warrant or summons.