One-Year SOL on Penalty / Forfeiture Actions — KRS §413.120(2)
KRS §413.120(2) provides a five-year statute of limitations on liabilities created by statute when no other limitation is fixed; however, KRS §413.140(1)(a) and §413.120 read together with the one-year SOL for misdemeanor prosecutions under KRS §500.050(2) creates a strong argument that ordinance-violation prosecutions in Kentucky must be commenced within one year. Kentucky district courts have applied the 1-year SOL to municipal ordinance prosecutions. For purely civil collection of an unpaid parking fee, the 5-year statute of KRS §413.120(2) applies, but the underlying ordinance prosecution itself is barred after 1 year.
Legal basis
KRS §500.050(2) (1-year misdemeanor SOL); KRS §413.120(2) (5-year statutory liability); KRS §413.140
Sample appeal wording
TO: [City] Revenue Commission / District Court RE: Citation [TICKET_NUMBER] — Statute of Limitations I assert the affirmative defense of statute of limitations under KRS §500.050(2) (1-year SOL for ordinance prosecutions) and KRS §413.120(2) (5-year SOL for civil collection of statutory liabilities). The citation alleges a violation on [VIOLATION_DATE]. The City has not commenced timely prosecution / civil collection. The action is time-barred. Dismissal with prejudice and release of any associated lien required. Signed, [FULL_NAME] Date: [DATE]
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
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- KRS §500.050
- KRS §413.120
- KRS §413.140