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Legislation #: 051525 Introduction Date: 12/15/2005
Type: Ordinance Effective Date: none
Sponsor: None
Title: Amending Chapters 48 and 56, Code of Ordinances of the City of Kansas City, Missouri, by repealing Sections 48-72, Penalty for violation of chapter, 56-35, Penalty for violation of article, and 56-385, Penalty for violation of article, enacting in lieu thereof new sections of like number and subject matter modifying the range of fines; estimating revenue in the amount of $50,000.00 in the Special Housing Rehabilitation Loan Fund; and appropriating it to the Municipal Court Fund account of the Special Housing Rehabilitation Loan Fund.

Legislation History
DateMinutesDescription
12/13/2005 Filed by the Clerk's office
12/15/2005 Referred to Neighborhood Development and Housing Committee
1/4/2006 Advance and Do Pass as a Committee Substitute, Debate
1/5/2006 Passed as Substituted

View Attachments
FileTypeSizeDescription
051525.pdf Authenticated 146K Authenticated
Fiscal Notes - Fine increase- MCI Fines.xls Fiscal Note 32K Fiscal Note MC Fines
Approp _ Admin Fines-MC Fines.xls Other 322K Admin Approp-MC Fines
GOFS increase fines.doc Fact Sheet 140K Fact Sheet

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COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 051525

 

Amending Chapters 48 and 56, Code of Ordinances of the City of Kansas City, Missouri, by repealing Sections 48-72, Penalty for violation of chapter, 56-35, Penalty for violation of article, and 56-385, Penalty for violation of article, enacting in lieu thereof new sections of like number and subject matter modifying the range of fines; estimating revenue in the amount of $50,000.00 in the Special Housing Rehabilitation Loan Fund; and appropriating it to the Municipal Court Fund account of the Special Housing Rehabilitation Loan Fund.

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That Chapters 48 and 56, Code of Ordinances of the City of Kansas City, Missouri, are hereby amended by repealing Sections 48-72, Penalty for violation of chapter, 56-35, Penalty for violation of article, 56-385, Penalty for violation of article, and enacting new sections, to read as follows:

 

Sec. 48-72. Penalty for violation of chapter.

 

(a) Any person convicted of a violation of this chapter shall be punished for that violation by a fine of not less than $85.00 but not more than $1,000.00, or by imprisonment of not more than 180 days, or by both such fine and imprisonment. All fines imposed shall be in accordance with the minimum fine schedule set out in subsection (c) of this section.

 

(b) Every day that a violation continues shall be considered a separate offense, for which the violator may be arrested, tried and convicted without necessity of further notice.

 

(c) Whenever the penalty is to be a fine or a fine and imprisonment, the fine shall be no less than the minimum amount set out in the following schedule:

 

(1)   First offense:  Not less than $85.00 but not more than $1,000.00  

 

(2)   Second offense:  Not less than $150.00 but not more than $1,000.00  

 

(3)   Third offense:  Not less than $300.00 but not more than $1,000.00  

 

(4)   Fourth and subsequent offenses: Not less than $500.00 but not more than $1,000.00  

 

In determining the applicable minimum fine, an offense shall be considered a recurring offense if the defendant has previously pleaded or been found guilty of causing or permitting the same nuisance at any location.


Sec. 56-35. Penalty for violation of article.

 

(a) Any person convicted of a violation of this article shall be punished for that violation by a fine of not less than $85.00, but not more than $1,000.00, or by imprisonment of not more than 180 days, or by both such fine and imprisonment. All fines imposed shall be in accordance with the minimum fine schedule set out in subsection (c) of this section.

 

(b) Every day that a violation continues shall be considered a separate offense, for which the violator may be arrested, tried and convicted without necessity of further notice.

 

(c) Whenever the penalty is to be a fine or a fine and imprisonment, the fine shall be no less than the minimum amount set out in the following schedule:

 

(1)   First offense:  Not less than $85.00 but not more than $1,000.00  

 

(2)   Second offense:  Not less than $150.00 but not more than $1,000.00  

 

(3)   Third offense:  Not less than $300.00 but not more than $1,000.00  

 

(4)   Fourth and subsequent offenses: Not less than $500.00 but not more than $1,000.00  

 

In determining the applicable minimum fine, an offense shall be considered a recurring offense if the defendant has previously pleaded or been found guilty of causing or permitting the same nuisance at any location.

 

Sec. 56-385. Penalty for violation of article.

 

(a) Any person convicted of a violation of this article shall be punished for that violation by a fine of not less than $85.00, but not more than $1,000.00, or by imprisonment of not more than 180 days, or by both such fine and imprisonment. All fines imposed shall be in accordance with the minimum fine schedule set out in subsection (c) of this section.

 

(b) Every day that a violation continues shall be considered a separate offense, for which the violator may be arrested, tried and convicted without necessity of further notice.

 

(c) Whenever the penalty is to be a fine or a fine and imprisonment, the fine shall be no less than the minimum amount set out in the following schedule:

 

(1)   First offense:  Not less than $85.00 but not more than $1,000.00  

 

(2)   Second offense:  Not less than $150.00 but not more than $1,000.00  

 

(3)   Third offense:  Not less than $300.00 but not more than $1,000.00  

 

(4)   Fourth and subsequent offenses: Not less than $500.00 but not more than $1,000.00  

 

In determining the applicable minimum fine, an offense shall be considered a recurring offense if the defendant has previously pleaded or been found guilty of causing or permitting the same nuisance at any location.

Section 2. That the revenue in the following account of the Special Housing Rehabilitation Loan Fund is hereby reestimated in the following additional amount:

 06-6380-270000-456040 Neighborhood Court Fines $50,000.00

  Section 3. That the sum of $50,000.00 is hereby appropriated from the Unappropriated Fund Balance of the Special Housing Rehabilitation Loan Fund to the following account in the Special Housing Rehabilitation Loan Fund:

 06-6380-572535-B Municipal Court Fund $50,000.00

 

_____________________________________________

 

I hereby certify that there is a balance, otherwise unencumbered, to the credit of the appropriation to which the foregoing expenditure is to be charged, and a cash balance, otherwise unencumbered, in the treasury, to the credit of the fund from which payment is to be made, each sufficient to meet the obligation hereby incurred.

 

 

___________________________________

Debra R. Hinsvark

Director of Finance

 

Approved as to form and legality:

 

 

___________________________________

Abby Pennell

Assistant City Attorney