ORDINANCE NO. 980777
Amending
section 50-41, Code of Ordinances, entitled Contempt, refusal to obey subpoena
issued by city by including the range of permissible fines.
WHEREAS,
section 50-41, Code of Ordinances, makes refusing to obey a subpoena unlawful,
and provides a potential punishment of incarceration for up to six months and a
fine; and
WHEREAS,
it is the desire of the Council to place all relevant matters concerning the
potential punishment of persons refusing to obey subpoenas issued by the
Council, a committee of the Council, or the City Manager; NOW, THEREFORE,
BE
IT ORDAINED BY THE COUNCIL OF KANSAS CITY:
Section
1. That section 50-41, Code of Ordinances, is amended to read as follows:
Sec. 50‑41. Contempt; refusal to obey subpoena
issued by city.
(a) Any person who shall be duly served with a
subpoena or subpoena duces tecum issued by the council, or by any committee of
the council so authorized by it, or by the city manager, and who shall fail or
refuse to obey all of the terms and conditions of the subpoena or subpoena
duces tecum shall be deemed guilty of a contempt against the authority issuing
the subpoena or subpoena duces tecum, and such contempt is hereby declared to
be an ordinance violation; and, upon conviction therefor, such person shall be
punished as provided in this section.
(b) The municipal court of the city shall have the
power to hear and determine alleged violations of this section, and upon the
conviction of anyone thereunder shall punish all such guilty persons by a fine
of not more than $500 or by imprisonment at the municipal correctional
institution for a time not to exceed six months, or by both such fine and
imprisonment. Upon the failure of such person to pay any fine so assessed, such
person may be committed to the municipal correctional institution until such
fine is paid and the judgment of the court satisfied.
______________________________________________________
Approved
as to form and legality:
____________________________________
Assistant
City Attorney