Court of Appeals Says Cities Can Impose Criminal Fines

In a significant win for Kentucky cities, the Court of Appeals has affirmed the ability of municipalities to impose criminal fines and penalties for ordinance violations, upholding the constitutionality of local enforcement measures. The Kentucky League of Cities (KLC) submitted an amicus brief in support of this authority, and the court agreed with KLC’s reasoning, reinforcing the statutory and constitutional delegation of power to cities.

Background of the Case

The case, Albert Marshall v. Commonwealth of Kentucky, stemmed from a challenge to a Louisville Metro ordinance that prohibits the discharge of firearms within 300 feet of a public roadway. Marshall was cited under this ordinance and argued that the penalties - including potential incarceration - were unconstitutional. The Jefferson District Court initially ruled in his favor, declaring that cities cannot impose criminal penalties such as jail time. However, the Jefferson Circuit Court reversed this decision, and the Court of Appeals has now affirmed that ruling.

Key Legal Findings

The Court of Appeals’ decision reaffirmed that:

Why This Matters for Cities

This ruling has broad implications for Kentucky municipalities. It ensures that cities can continue effectively enforcing local laws and maintaining public safety. KLC’s advocacy in this case underscores our commitment to defending the legal powers of Kentucky’s cities. This decision confirms that municipalities have the necessary tools to uphold local laws, and we will continue to support efforts that strengthen cities’ ability to govern effectively.

Please note that this decision is not final, as Marshall can seek further review by the Kentucky Supreme Court. KLC will continue to monitor the case and update members accordingly. For further details or questions on this ruling, please contact KLC’s Municipal Law department.