KC Skyline

City Clerk Web Search

Search the Ordinances:

Legislation #: 090712 Introduction Date: 8/13/2009
Type: Ordinance Effective Date: 9/6/2009
Sponsor: None
Title: Amending Chapter 1 and Chapter 44, Code of Ordinances, by repealing Section 1-10, Definitions and rules of construction, and enacting in lieu thereof a new section of like number and subject matter which defines Municipal Correctional Institution and by repealing Section 44-1, Powers of director of neighborhood and community services regarding prisoners, and enacting in lieu thereof a new section of like number and subject matter which allows the director of neighborhood and community to transport inmates to a correctional facility.

Legislation History
DateMinutesDescription
8/13/2009 Filed by the Clerk's office
8/13/2009 Referred to Public Safety and Neighborhoods Committee
8/26/2009 Advance and Do Pass, Debate
8/27/2009 Passed

View Attachments
FileTypeSizeDescription
http://kansascity.granicus.com/ViewSearchResults.php?view_id=2&keywords=090712 Video Link 0K http://kansascity.granicus.com/ViewSearchResults.php?view_id=2&keywords=090712
090712.pdf Authenticated 233K AUTHENTICATED
090712com.doc Advertise Notice 46K compared version
GOFS MCI Code.doc Fact Sheet 161K Fact Sheet

Printer Friendly Version

ORDINANCE NO. 090712

 

Amending Chapter 1 and Chapter 44, Code of Ordinances, by repealing Section 1-10, Definitions and rules of construction, and enacting in lieu thereof a new section of like number and subject matter which defines Municipal Correctional Institution and by repealing Section 44-1, Powers of director of neighborhood and community services regarding prisoners, and enacting in lieu thereof a new section of like number and subject matter which allows the director of neighborhood and community to transport inmates to a correctional facility.

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That Chapter 1, Code of Ordinances of the City of Kansas City, Missouri, is hereby amended by repealing Section 1-10, Definitions and rules of construction, and enacting in lieu thereof a new section of like number and subject matter, to read as follows:

 

Sec. 1-10.  Definitions and rules of construction.

 

(a)   In the construction of this Code and of all ordinances, the following definitions and rules of construction shall be observed, unless it shall be otherwise expressly provided in any section or ordinance, or unless inconsistent with the manifest intent of the council, or unless the context clearly requires otherwise:

 

Charter.  The term "the Charter" means and refers to the Charter of Kansas City, Missouri, adopted by the people at a special election held on February 24, 1925, and the amendments thereto. 

 

City.  The term "the city" means the City of Kansas City, State of Missouri. 

 

Code of Ordinances.  The term "Code of Ordinances" means the Code of Ordinances, City of Kansas City, Missouri, being part II of this publication. 

 

Codification.  The term "codification" or "this codification" refers to the Code of Ordinances, City of Kansas City, Missouri, being part II of this publication. 

 

Computation of time.  The time within which an act is to be done shall be computed by excluding the first and including the last day, and, if the last day is Sunday or a legal holiday, that day shall be excluded. 

 

Council.  The term "the council" means the council of Kansas City, Missouri. 

 

County.  The term "the county" means Jackson County, Clay County, or both. 

 

Delegation of authority.  Whenever a provision or section appears requiring an officer or the head of a department of the city to do some act, it is to be construed to authorize the officer or head of the department to designate, delegate and authorize subordinates to perform the required act, unless the terms of the provision or section designate otherwise. 

 

Gender.  When any subject matter, party or person is described or referred to by words importing the masculine, females as well as males, and associations and bodies corporate as well as individuals, shall be deemed to be included. 

 

Intangible personal property.  The term "intangible personal property" includes all personal property except tangible personal property as defined in this section. 

 

Joint authority.  Words importing joint authority to three or more persons shall be construed as authority to a majority of such persons. 

 

Month.  The term "month" means a calendar month. 

 

Municipal Correctional Institution. The term Municipal Correctional Institution means a correctional facility as designated by the director of neighborhood and community services pursuant to an inmate housing agreement. Any reference within this code to a Municipal Correctional Institution, municipal jail or other municipal facility designated for incarceration or imprisonment of persons convicted of city ordinance violations shall be deemed to mean a municipal correctional institution or correctional facility.

 

Number.  When any subject matter, party or person is described or referred to by words importing the singular number, the plural and separate matters and persons and bodies corporate shall be deemed to be included. 

 

Oath.  The term "oath" shall be construed to include an affirmation in all cases in which, by law, an affirmation may be substituted for an oath, and in such cases the terms "swear" and "sworn" shall be equivalent to the terms "affirm" and "affirmed." 

 

Owner.  The term "owner," applied to a building or land, includes any part owner, joint owner, tenant in common, joint tenant or tenant by the entirety, of the whole or a part of such building or land. 

 

Person.  The term "person" includes a corporation, firm, partnership, association, organization and any other group acting as a unit as well as individuals. It shall also include an executor, administrator, trustee, receiver or other representative appointed according to law. Whenever the term "person" is used in any section of this Code prescribing a penalty or fine, as to partnerships or associations, the term shall include the partners or members thereof, and, as to corporations, shall include the officers, agents or members thereof who are responsible for any violation of such section. 

 

Personal property.  The term "personal property" includes both tangible and intangible personal property, as defined in this section. 

 

Preceding; following.  The terms "preceding" and "following" mean next before and next after, respectively. 

 

Property.  The term "property" includes real and tangible personal property. 

 

Public way.  The term "public way" includes any street, alley, boulevard, parkway, highway, sidewalk or other public thoroughfare. 

 

Real property.  The terms "real property," "premises," "real estate" and "lands" shall be deemed to be coextensive with lands, tenements and hereditaments. 

 

Sidewalk.  The term "sidewalk" means the portion of the street between the curbline and the adjacent property line, intended for the use of pedestrians. 

 

Signature.  Where the written signature of any person is required, the proper handwriting of such person or his mark shall be intended. 

 

State.  The term "the state" means the State of Missouri. 

 

Street.  The term "street" means and includes any public way, highway, street, avenue, boulevard, parkway, alley or other public thoroughfare, and each of such words shall include every other of them. 

 

Tangible personal property.  The term "tangible personal property" includes goods, chattels and all similar personal property except intangible personal property as defined in this section. 

 

Tenant.  The term "tenant" or "occupant," applied to a building or land, includes any person who occupies the whole or a part of such building or land, whether alone or with others. 

 

Time.  Words used in the past or present tense include the future as well as the past and present. 

 

Writing.  The terms "writing" and "written" include printing, lithographing or other modes of representing words and letters. 

 

Year.  The term "year" means a calendar year. 

 

(b)   All general provisions, terms, phrases and expressions contained in this Code shall be liberally construed in order that the true intent and meaning of the council may be fully carried out.

 

Section 2. That Chapter 44, Code of Ordinances of the City of Kansas City, Missouri, is hereby amended by repealing Section 44-1, Powers of director of neighborhood and community services regarding prisoners, and enacting in lieu thereof a new section of like number and subject matter, to read as follows:

 

Sec. 44-1. Powers of director of neighborhood and community services regarding

prisoners. 

 

(a) The director of neighborhood and community services shall have the power to:

 

(1)                            Inquire into the nature of any case brought before the municipal division courts of the city, and may recommend that any person convicted thereby shall be pardoned:

 

(2)                            Authority to transport or designate an authorized agent to transport inmates to and from a correctional facility as designated by the director of neighborhood and community services pursuant to an inmate housing agreement;

 

(3)                            Establish rules and regulations under which and specify the conditions upon which, any prisoner may be allowed to go on work release, or be assigned outside the buildings and enclosures of any correctional facility. Such prisoner shall remain, while on work release, in the legal custody and under the control of the director of neighborhood and community services, and shall be subject at any time to be placed or taken back within the enclosures of the correctional facility for violation of any conditions of such work release or assigned outside work;

 

(4)                            Enforce such powers, regulations and conditions, and to retake and reimprison any prisoner so trusted to the correctional facility.

 

(b) Whenever the term municipal correctional institution is used in the citys code of ordinances, it shall mean a correctional facility and any other facility for the inmate population as designated by the director of neighborhood and community services.

 

_______________________________________

 

Approved as to form and legality:

 

_________________________________

Kathy Adams

Assistant City Attorney