COMMITTEE
SUBSTITUTE FOR ORDINANCE NO. 190905
Amending Chapter 50, Code of Ordinances, by enacting one
new Section 50-48 relating to a law enforcement request to conduct a search.
BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:
Section 1. That Chapter 50, Code of Ordinances of the City
of Kansas City, Missouri, is hereby amended by enacting one new section 50-48
relating to a law enforcement request to conduct a search, to read as follows:
Sec. 50-48. Law enforcement request to conduct a search.
(a) Definition. The term “law enforcement
officer” means a person who has a valid peace officer license pursuant to
sections 590.010 through 590.195 of the Revised Statutes of Missouri and has
the power of arrest for a violation of the state criminal code or the city’s
code of ordinances.
(b) Request to search. If a law
enforcement officer makes a request upon a person to search the person or the
person’s vehicle, the officer shall make a written record as to whether or not
consent was given. The written record shall be in a form as determined by the
agency that employs the law enforcement officer.
(c) Record of request to search. A
record made pursuant to this section shall be maintained pursuant to the State
and Local Records Law found in Sections 109.200 through 109.310 of the Revised
Statutes of Missouri. Notwithstanding any other provisions of this section to
the contrary, no record shall be maintained of a search when no consent has
been given for the search unless there is a seizure of any property resulting
from such search.
(d) Acknowledgment of search. Immediately
following either a search or a refusal to consent to a search when no search
has been made, the law enforcement officer shall provide the person who gave or
refused consent to search a written acknowledgment signed and dated by the
officer indicating whether consent for the search was given or refused, whether
a search was conducted and whether following refusal there occurred a search
based on probable cause or other nonconsensual grounds or the search was
terminated as a result of the withdrawal of consent.
(e) Violation. A person violating this section
shall be guilty of an ordinance violation which shall be punishable by a fine
not exceeding $300.
(f) Disposition of fines. All fine amounts
collected upon conviction of any person charged with a violation of this
section shall be deposited in the treasury of this city in the
general fund and such amounts shall thereafter be
designated towards a criminal justice reinvestment program upon such program
being authorized by the city council.
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Approved as to form:
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Alan L. Holtkamp
Assistant City Attorney