501.17 MISDEMEANOR INVESTIGATION; EXAMINATION OF WITNESSES AND EVIDENCE.
(a) After a misdemeanor offense has been committed and before a criminal complaint has been filed or an arrest has been made, the Mayor, Mayor’s Court Magistrate, City Attorney, Acting City Attorney, Assistant City Attorney or any judge of the Franklin County Municipal Court, may cause a subpoena, with a copy of this section attached, to issue returnable before such court, for any person to give information concerning such misdemeanor offense, including designated books, records or other documents. The subpoena shall require the witness to appear forthwith at a time designated in the subpoena.
(b) Before a witness is required to give information or produce documents under this section, the witness must be informed of the purpose of the inquiry, and that the witness is required to tell the truth concerning same. The witness shall then be sworn and be examined under oath by the Mayor, Mayor’s Court Magistrate, City Attorney, Acting City Attorney, Assistant City Attorney or by the court, subject to the constitutional right against self-incrimination.
(c) If after being sworn, or during the inquiry, a witness subpoenaed under this section asserts the constitutional right against self-incrimination, the Mayor, Mayor’s Court Magistrate, City Attorney, the Acting City Attorney or the Assistant City Attorney shall cease the inquiry.
(d) No person shall fail to appear, or fail to be sworn, at the designated time and place in response to a subpoena issued under this section. A witness who has been subpoenaed and intends to assert the constitutional right against self-incrimination is not excused from appearing or being sworn in response to a subpoena issued under this section, but may assert such privilege after appearing and being sworn and at such time the parties shall proceed in accordance with subsection (c) of this section.
(e) Any person who violates paragraph (d) of this section is guilty of a minor misdemeanor upon first offense and is guilty of a misdemeanor of the fourth degree upon second and subsequent offenses.
(f) If any provisions of this Code or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of such Code which can be given effect without the invalid provision or application, and to this end the provisions are severable.
(Ord. 38-01. Passed 7-17-01.)