Council OKS search warrant ordinance

Wednesday, October 5, 2011

"You need to be careful how you do this," Harvey Akins told the Nevada City Council, before they voted 5-0 to give final approval to a general ordinance adding the provision for administrative search warrants to the city code during Tuesday's council meeting.

Administrative search warrants are issued by the municipal judge based on specific requirements set out in the ordinance.

"You need to make sure they follow the Constitution of the United States," Akins said, adding that his father, as well as many others fought during World War II and other wars to preserve the rights set out in the Constitution.

"You need to be sure you go by the Constitution and that it is fair and honest to everyone. If you go by this (holding a copy of the Constitution up) it'll be a good, sound amendment," he said.

Aikens went on to tell the council that people have a right to have a certain amount of stuff on their property, but if the city follows the Constitution it will be OK.

City Attorney William McCaffree told Aikens that under the new ordinance a judge will make the decision about whether an administrative search warrant will be issued.

"We've got a judge who is very tough and he won't issue a warrant without adequate evidence," McCaffree said.

He said that adding this provision to the code will modernize the city code.

"The city needs to do this for the protection of people's rights," McCaffree said.

In other business the council:

* Voted 5-0 to pass on second reading a general ordinance amending Chapter 6, Article 3, Section 37 of the city code to allow the building official to obtain an administrative search warrant to enter property if entry is refused by the owner or occupant.

* Voted 5-0 to pass on second reading a general ordinance amending Chapter 21, Article 2, Section 11 of the city code to allow the city to obtain an administrative search warrant to enter property to abate a nuisance if refused entry to the property.

* Voted 5-0 to pass on second reading a general ordinance amending Chapter 21, Article 2, Section 14(g) to allow the police department to obtain an administrative search warrant to remove damaged, disabled or other junk from private property if entry is refused.

* Voted 5-0 to pass on second reading a general ordinance amending Chapter 27, Article 2, Section 7.4 of the city code to allow the code enforcement officer to obtain an administrative search warrant to remove weeds and trash from property if entry is refused.

* Voted 5-0 to pass on second reading a general ordinance amending Chapter 37, Article 1, Section 14 of the city code to allow the city to obtain an administrative search warrant to enter property to enforce the city's zoning regulations if entry is refused.

* Voted 5-0 to pass on second reading a general ordinance amending Chapter 20, Article 1, Section 1(e) of the city code to give the municipal judge the authority to issue administrative search warrants.

* Voted 5-0 to pass on second reading a special ordinance accepting the right-of-way easements from the East View Heights property owners for sewer improvements.

* Voted 5-0 to pass on second reading a special ordinance accepting the right-of-way easements from the Meadow Lane property owners for sewer improvements.

* Voted 5-0 to pass on second reading a special ordinance setting April 3, 2012, as the date for the 2012 municipal election and Feb. 7, 2012, as the date for a primary election if needed. Filing for the two seats on the ballot opens at 8 a.m., Oct. 18; and closes Nov. 22, at 5 p.m.

* Voted 5-0 to pass on first reading a special ordinance approving an agreement with the Western Missouri 9-1-1 Board of Directors for shared MULES service.

* Voted 5-0 to pass on first reading a special ordinance approving a change order to the city's contract with CDL Electric for the project to add lighting at the U.S. Highway 71 and Highway K intersection. The change will reduce the total cost of the project by $11,206. The savings will be divided approximately 80-20 between the Missouri Department of Transportation and the city. The project is being paid in part with a Surface Transportation Program grant through MoDOT.

* Voted 5-0 to pass on first reading a special ordinance approving a settlement agreement and mutual release with Jim and Ronda Hardin to allow them to farm city-owned property adjacent to the closed city landfill.

* Voted 5-0 to adopt Resolution No. 1334 approving a liquor by the drink license for the Capri Bowl, 1701 N. Osage after the bowling alley reorganized. The license to intoxicating liquor over 5 percent by the drink runs from Sept. 13, 2011 through July 31, 2011.

* Voted 5-0 to accept the bid of $7,750 from C&C Group, Kansas City, for the purchase of a 3com TippingPoint Firewall to protect the city's computer network so the eight new mobile data terminals installed in Nevada police cars can be used to access the Missouri Highway Patrol's MULES system for in-car checks of criminal history and drivers license reviews.

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