COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 941390

Revising the Administrative Code and the Code of General Ordinances of Kansas City, passed prior to September 16, 1994, by repealing all Articles of the Administrative Code and the Chapters of the Code of General Ordinances of Kansas City, 1967, as amended; enacting the repealed Articles and Chapters as amended, the same to be known and designated as the Code of Ordinances, City of Kansas City, Missouri; providing for the repeal of certain ordinances not included therein, except as herein expressly provided; providing for the manner of amending such Code of Ordinances; providing penalties for the violation thereof; and providing for the effective date of this Ordinance.

WHEREAS, Kansas City Charter Section 16 provides for the preparation and printing of the ordinances of the City in book form; and

WHEREAS, it is the intent of the Council to revise the existing Administrative Code and Code of General Ordinances of Kansas City, 1967, as amended, and to publish the revision in a new book form to be entitled "Code of Ordinances, Kansas City, Missouri"; NOW, THEREFORE,

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section 1. The Code entitled "Code of Ordinances, Kansas City, Missouri" published by Municipal Code Corporation consisting of Chapters 1 through 80, each inclusive, and any supplements added to the Code prior to its effective date, is adopted.

Section 2. All ordinances generally included in the Administrative Code and the Code of General Ordinances of Kansas City, Missouri, 1967, as amended, including all supplements, and all other such ordinances of a general and permanent nature passed on or before September 16, 1994, are repealed, unless adopted in the Code of Ordinances, Kansas City, Missouri, including any supplements, or recognized and continued in force by reference therein, or specifically recognized and continued in force by this Ordinance or another ordinance passed by the Council.

Section 3. The repeal provided for in Section 2 hereof shall not apply to Chapter 65, Revised Ordinances of Kansas City, Missouri, 1956, commonly known as the Zoning Ordinance, which shall continue in full force and effect.

Section 4. The repeal provided for in Section 2 hereof shall not be construed to revive any former ordinance or part thereof that has been repealed by a subsequent ordinance that is repealed by this Ordinance.

Section 5. The provisions of any ordinance which is reenacted, amended or revised into the Code of Ordinances, Kansas City, Missouri, so far as such provisions are the same as those of the Administrative Code and Code of General Ordinances of Kansas City, 1967, as amended, shall be construed as a continuation of such ordinance and not as a new enactment.

Section 6. No violation or offense committed or failure to do any act or duty required by any ordinance or resolution, no tax, fee or license due the City, no right or proceeding begun, and/or fine, penalty or forfeiture incurred pursuant to the provision of any ordinance, prior to the time when such ordinance shall be repealed, shall be affected, released or in any way discharged by such repeal; but the trial, conviction and punishment of all such violations or offenses and failures and the recovery and collection of such taxes, fees, licenses, fines, penalties and forfeitures, shall be had, prosecuted, recovered and received as fully in every respect as if such provisions had remained in force and effect.

Section 7. Unless another penalty is expressly provided, every person convicted of a violation of any provision of the Code of Ordinances or any ordinance, rule or regulation adopted or issued in pursuance thereof, shall be punished by a fine not exceeding Five Hundred Dollars ($500.00) or imprisonment not exceeding six (6) months, or both such fine and imprisonment. Each act of violation and each day upon which any such violation shall occur shall constitute a separate offense. The penalty provided by this Section, unless another penalty is expressly provided, shall apply to the amendment of any Code section whether or not such penalty is reenacted in the amendatory ordinance. In addition to the penalty prescribed above, the City may pursue other remedies, including but not limited to abatement of nuisances, injunctive relief, suspension or revocation of licenses or permits, provided in the Code of Ordinances, the Charter of Kansas City, or by United States or Missouri Constitution, statute or law.

Section 8. Additions or amendments to the Code of Ordinances when passed in such form as to indicate the intent of the Council to make the same part of said Code shall be deemed to be incorporated in the Code of Ordinances, so that reference to said Code shall include such additions or amendments.

Section 9. Any ordinance passed or which shall become effective after December 31, 1994 that amends or references any ordinance or ordinances codified in the Code of Ordinances shall be construed as though such ordinance shall amend or reference such provisions of said Code.

Section 10. This ordinance shall become effective on January 1, 1995.

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Approved as to form and legality:

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Assistant City Attorney