ORDINANCE NO. 970020
Enacting Section 50.171 of the Code of Ordinances of
Kansas City, Missouri, a new section in Chapter 50, Article V, which
establishes an offense to be known as "aggravated trespass."
BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:
Section 1. That there is hereby enacted Section
50-171 in Chapter 50, Article V of the Code of Ordinances of Kansas City,
Missouri, establishing a new offense, to be known as aggravated trespass. The
section shall read as follows:
Section. 50-171. Aggravated trespass.
(a) A person, who is not a commissioned law
enforcement officer in the course of his or her duty, commits aggravated
trespass in violation of this section if he or she enters or attempts to enter
a building by:
(1) force; or
(2) making threats of force or of physical
harm to any occupant; or
(3) making misrepresentations to any occupant;
or
(4) causing physical damage to the building.
(b) The following are exceptions to the foregoing
and an apparent violator who shows that one of them exists shall not be guilty
of aggravated trespass.
(1) He or she was responding to an emergency
situation where a danger to life
or property existed; or
(2) He or she was, at the time of the act,
entitled to possess and occupy the
building either as owner or as lessee or tenant
under a written agreement with the owner; or
(3) a. He or she had written authorization
to enter the building from some
person entitled to possess and occupy it either
as its owner or as a lessee, and
b. he or she displayed a legible copy of
the written authorization to any
occupant of the building who either was seeking
to deny access or was questioning
his or her authority to enter the building; or
(4) a. He or she was the surety or the
surety's agent on a bond insuring the
appearance in court of someone whom he or she
was seeking to take into custody,
and
b. the person under bond was entitled to
possess and occupy the building
either as its owner or as a lessee, and
c. he or she displayed a certified copy
of the bond to any occupant of the
building who either was seeking to deny access
or was questioning his or her
authority to enter the building.
(c) Any person convicted of a violation of this
ordinance shall be punished for that violation by a fine of not less than
$400.00 but not more than $500.00, or by imprisonment of not less than 30 days
but not more than 180 days, or by both such fine and imprisonment.
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Approved as to form and
legality:
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Assistant City Attorney