ORDINANCE NO. 010549
Amending Chapter 80, Code
of Ordinances, by repealing Section 80-406, Search warrant, and enacting in
lieu thereof one new section of like number and subject matter.
BE IT ORDAINED BY
THE COUNCIL OF KANSAS CITY:
Section 1. That
Chapter 80, Code of Ordinances of the City of Kansas City, Missouri, is hereby
amended by repealing Section 80-406, Search warrant, and enacting in lieu
thereof one new section, to read as follows:
Sec. 80-406. Search
warrant.
If a written
application for a search warrant under this section is filed by the director of
codes administration, or the directors authorized representative, any police
officer, deputy, or the city attorney of the city, with the municipal division
judge, stating that he/she has probable cause to believe there exists in a
building, structure or on real property more particularly described therein, a
violation or violations of provisions of the Zoning Ordinance and is within the
territorial jurisdiction of the city, and if such complaint is verified by the
oath or affirmation stating evidential facts from which such judge determines
the existence of probable cause, then such judge shall issue a search warrant
directed to the authorized person to search the building, structure or real
property therein described for the purposes requested. Such search warrant may
be executed and returned only within ten days after the date of its issuance.
The person authorized to search shall make a return promptly after concluding
the search, and such return shall contain an itemization of all violations of
this Zoning Ordinance discovered pursuant to such search. Refusal to allow
entry upon presentation of a search warrant shall be an ordinance violation.
Execution of a search warrant issuance under this section shall not be by
forcible entry.
Section 2. That
the Council finds and declares that before taking any action on the proposed
amendment hereinabove, all public notices have been given and hearings have
been held as required by the Zoning Ordinance.
_____________________________________________
I hereby certify
that as required by Chapter 80, Code of Ordinances, the foregoing ordinance was
duly advertised and public hearings were held.
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Secretary,
City Plan Commission
Approved
as to form and legality:
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Assistant
City Attorney