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Legislation #: 980777 Introduction Date: 6/25/1998
Type: Ordinance Effective Date: none
Sponsor: None
Title: Amending section 50-41, Code of Ordinances, entitled "Contempt, refusal to obey subpoena issued by city" by including the range of permissible fines.

Legislation History
DateMinutesDescription
6/25/1998

Prepare to Introduce

6/25/1998

Referred Finance & Administration Committee

7/1/1998

Advance and Do Pass

7/2/1998

Passed


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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.

 

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Approved as to form and legality:

 

 

 

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Assistant City Attorney