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File #: 0572-21    Version: 1 Name: Approval of May 4, 2021 Committee Summary
Type: Ordinance Status: Approved
File created: 6/2/2021 In control: Urban County Council
On agenda: 6/24/2021 Final action: 6/24/2021
Enactment date: 6/24/2021 Enactment #: O-056-2021
Title: An Ordinance enacting Section 23-51 of the Code of Ordinances of the Lexington-Fayette Urban County Government, banning the use of no-knock warrants by the Div. of Police; requiring Lexington police officers to knock and announce themselves before entering a premises to execute a warrant; and requiring any Lexington police officer present in the initial entry and securing of the scene of a warrant to be equipped with and activate a body worn camera. [Council Office, Maynard]
Attachments: 1. 05-04-2021 PPS Summary and Motions, 2. No-Knock Warrants Ordinance (Post Committee Draft) (00726880xAFB4D), 3. 00729651.pdf, 4. O-056-2021

Title

An Ordinance enacting Section 23-51 of the Code of Ordinances of the Lexington-Fayette Urban County Government, banning the use of no-knock warrants by the Div. of Police; requiring Lexington police officers to knock and announce themselves before entering a premises to execute a warrant; and requiring any Lexington police officer present in the initial entry and securing of the scene of a warrant to be equipped with and activate a body worn camera. [Council Office, Maynard]

 

Body

BE IT ORDAINED BY THE COUNCIL OF THE LEXINGTON-FAYETTE URBAN COUNTY GOVERNMENT:

                     Section 1 - That Section 23-51 of the Code of Ordinances of the Lexington-Fayette Urban County Government be and hereby is created to read as follows:

                     Sec. 23-51. No-Knock Warrants.

(a)                     For purposes of this section, “no-knock warrant” means any arrest or search warrant issued by a judge and executed upon a premises that does not require those executing the warrant to knock and announce themselves and their purpose prior to executing the warrant.

(b)                     No police officer of the Lexington-Fayette Urban County Government Division of Police shall seek or execute no-knock warrant at any location within Lexington-Fayette County.

(c)                     Any Lexington police officer charged with execution of a warrant upon any premises in order to gain entry shall:

                     (1)                     physically knock on an entry door to the premises in a manner and duration reasonably expected to be heard by the occupants;

                     (2)                     clearly and verbally announce, in a manner reasonably expected to be heard by the occupants, as law enforcement having a warrant; and

                     (3)                     absent exigent circumstances, wait a reasonable amount of time after knocking and announcing before entering the premises.

(d)                     All Lexington Police Officers present in the initial entry and securing of the scene of a warrant shall be equipped with and activate a body worn camera. 

                     Section 2 - That this Ordinance shall become effective on July 1, 2021.

PASSED URBAN COUNTY COUNCIL: