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HomeMy WebLinkAboutOrdinance No. 2930-2016CITY OF KENAI ORDINANCE NO. 2930 -2016 Sponsored by: Legal AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KMC 12.40.060- VIOLATIONS AND PENALTIES, TO SET SPECIFIC FINE AMOUNTS FOR VIOLATIONS OF THE CITY'S REGULATION OF SMOKING IN ORDER TO ELIMINATE THE REQUIREMENT OF A MANDATORY COURT APPEARANCE FOR EACH CITATION ISSUED. WHEREAS, Kenai Municipal Code Chapter 12.40 regulates smoking in the City; and, WHEREAS, Kenai Municipal Code 12.40.060 provides the fine structure for violations of the City's smoking ordinances; and, WHEREAS, the current fine structure provides that fines may be implemented up to a certain amount which necessitates a mandatory court appearance (arraignment); and, WHEREAS, providing a set fine amount allows citations to be processed without a mandatory court appearance, which saves City resources, State Court resources, and time and resources for those cited, who may or may not live within the City; and, WHEREAS, having a set fine amount does not preclude those cited from requesting an arraignment should they so desire; and, WHEREAS, fine amounts of $50, $100, and $200 dollars for the first, second, and subsequent offenses are reasonable and consistent with other City fines. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1. Form: That this is a code ordinance Section 2. Amendment of Section 12.40.060 of the Kenai Municipal Code: That Kenai Municipal Code, Section 12.40.060 - Violations and Penalties, is hereby amended as follows: 12.40.060 Violations and [P]Penalties. (a) It is unlawful for any person who operates any premises subject to regulation under this chapter to fail to comply with any provisions of this chapter. (b) It is unlawful for any person to smoke in any area where smoking is prohibited by this chapter. (c) Any person who violates any provision of this chapter shall be guilty of an infraction, punishable by: New Text Underlined; ]DELETED TEXT BRACKETED] Ordinance No. 2930 -2016 Page 2 of 2 (1) A fine [NOT EXCEEDING ONE HUNDRED DOLLARS ($100.00)] of fifty dollars ($50.00), plus any surcharge required to be imposed by AS 12.55.039, for a first violation within a twenty-four (24) month period; (2) A fine [NOT EXCEEDING TWO HUNDRED DOLLARS ($200.00)] of one hundred dollars ($100.00), plus any surcharge required to be imposed by AS 12.55.039, for a second violation within a twenty-four (24) month period as measured from the date of first violation; or (3) A fine [NOT EXCEEDING FIVE HUNDRED DOLLARS ($500.00)] of two hundred dollars ($200.00), plus any surcharge required to be imposed by AS 12.55.039, for a third or additional violations within a twenty-four (24) month period as measured from the date of first violation. (d) Each and every day that such violation continues shall be deemed a separate and distinct violation. (e) Any person aggrieved by a violation or threatened violation of this chapter or the City may bring a civil action against a person who violates this chapter and may recover a civil penalty not to exceed three hundred dollars ($300.00) per violation. An action to enjoin a violation may be brought notwithstanding the availability of any other remedy. Section 3. Severability: That if any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. Section 4. Effective Date: That pursuant to KMC 1.15.070(p, this ordinance shall take effect 30 days after adoption. ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 21st day of December, 2016. BRIAN GABRIEL, MAYOR Introduced: December 7, 2016 Enacted: December 21, 2016 Effective: January 20, 2017 New Text Underlined; [DELETED TEXT BRACKETED] \v/ IlVillaye with a Past, C# with a Future' 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 www.kenai.city MEMORANDUM TO: Mayor Gabriel and Council ers FROM: Scott Bloom, City Attorney � l DATE: December 1, 2016 SUBJECT: Ordinance No. 2930 -2016, KMC 12.40.060 — Violations and Penalties In the process of reviewing the City's smoking regulations, in particular with regard to smoking at the City's Airport, it was recognized that violations for smoking as currently provided in our code municipal impose an unnecessary burden on City, State and public resources. The current violations do not impose a set fine amount, but instead upper limits of $100, $200, and $500 for first, second and subsequent violations within a given time period. Court administrative rules require a mandatory court appearance (arraignment) for citations that allow for variation in the fine amount. While the purpose of a flexible fine amount is to allow for discretion by the citing official, in these cases the benefits do not outweigh the burden in my opinion. The suggested set fine amounts in the proposed Ordinance, of $50, $100 and $200 are reasonable and consistent with other Kenai City fines, supported by Administration and the Police Chief. The set amounts allow the public to pay a citation without having to go to Court, saving Court resources and City resources preparing for and attending the arraignments. A mandatory court appearance is potentially and particularly troublesome for the traveling public utilizing the Airport that may not live in the area. Even with a set fine amount, those cited have the option of requesting an arraignment if they so desire. Your consideration is appreciated.