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.

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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