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Home My WebLink AboutORDINANCE 1857-2000Suggested by: Administration CITY OF KENAI ORDINANCE N0. 1857-2000 AN ORDINANCE OF THE COUNCIL OF fiHE CITY OF KENAI, ALASKA, REPEALING VARIOUS SECTIONS OF TITLE 13 OF THE KENAI MUNICIPAL CODE. Whereas, various sections in Title 13 of the Kenai Municipal Code duplicate offenses contained in state statutes; Whereas, the Kenai Police Department may use the state statutes to charge people for those violations and misdemeanors; Whereas, it is not necessary to duplicate those offenses in the city code; Whereas, it is more cost efficient for the city police department to cite those offenses under the state statutes. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF Kenai, ALASKA, that the following sections of the Kenai Municipal Code are repealed or amended: SECTION I KMC 13.10.010 is repealed in part: 13.10.010 Miscellaneous offenses. (a) It shall be unlawful for any person to: [(1) ENGAGE FOR HIRE OR GAIN IN THE PRACTICE OR OCCUPATION OF FORTUNE TELLING, MIND READING, CHARACTER READING, OR PHRENOLOGY, OR TO ACCEPT A GIFT IN CONNECTION THEREWITH; (2) SELL CIGARETTES OR TOBACCO IN ANY FORM TO CHILDREN UNDER EIGHTEEN (18) YEARS; (3) KNOWINGLY PERFORM ANY ACT OF SEXUAL INTERCOURSE, FELLATIO, OR ORAL COPULATION WITH ANOTHER, OR ANY ACT OF BESTIALITY IN ANY STREET, ALLEY, PARK, OR OTHER PUBLIC PLACE; [4] 1. Solicit or seek the aid of a person for the purpose of committing or assisting to commit any unlawful act; (5) WILLFULLY EXPOSE OR EXHIBIT HIS OR HER GENITAL ORGANS IN ANY PUBLIC PLACE OR ON THE PRIVATE PREMISES OF ANOTHER, OR SO NEAR THERETO AS TO BE SEEN FROM SUCH PRIVATE PREMISES OF ANOTHER, OR SO NEAR THERETO AS TO BE SEEN FROM SUCH PRIVATE PREMISES; PROVIDED, HOWEVER, THIS SECTION SHALL NOT BE CONSTRUED TO PROHIBIT THE EXPOSURE OF SUCH ORGANS OR THE PERSON IN ANY PLACE PROVIDED OR SET APART FOR SUCH PURPOSE; (6) KNOWINGLY EXHIBIT OR DISPLAY IN A PUBLIC PLACE ANY PICTURE, PHOTOGRAPH, PAINTING, PRINT, IMAGE, STATUARY, OR Ordinance No.1857-2000 Page 2 of 5 `} N EX AL INTERCOURSE CAST DEPICTING ACTS OF HUMA S U , FELLATIO, ORAL COPULATION, OR BESTIALITY; (7) ENGAGE IN WINDOW PEEKING; [8] 2. Begin any street, alley, place of business, or other public place. SECTION II KMC 13.10.040 is repealed. [ 13.10.040 GAMBLING. ] [(a) GAMBLING AS USED IN THIS SECTION MEANS AN AGREEMENT BETWEEN TWO 0R MORE PERSONS TO RISK THEIR MONEY OR PROPERTY IN A CONTEST OR CHANCE OF ANY KIND WHERE ONE MAY BE THE GAINER AND THE OTHER THE LOSER. EXCEPTED FROM THIS DEFINITION ARE BINGO, RAFFLES, ICE POOLS, AND RELATED ACTIVITIES OF A BONA FIDE NON-PROFIT NATURE UNDER A VALID AND EXISTING PERMIT ISSUED PURSUANT TO LAW BY THE DEPARTMENT OF REVENUE, STATE OF ALASKA. THE BURDEN OF PROVING THAT THE ACfi COMPLAINED OF FALLS WITHIN THE EXCEPTION NOTED IN THIS PARAGRAPH SHALL BE UPON THE PERSON CHARGED. (b) NO PERSON SHALL ATTEND, FREQUENT, OR INVITE ANOTHER TO ATTEND OR FREQUENT ANY PLACE WHERE GAMBLING IS PERMITTED OR ANY PLACE OPERATED OR OCCUPIED AS A COMMON GAMBLING HOUSE OR ROOM.] SECTION III KMC 13.15.010 is amended by changing the title and repealing Section (b) 13.15.010 Discharge of firearms [OR SALE OF KNIFE] . It shall be unlawful for any person to: (a) Discharge a firearm within the City Limits not specifically designated by Council resolution as being a proper place for the discharge of firearms. It shall be unlawful for any person to discharge a firearm in any place within the City Limits other than in an area specifically designated as provided in this section. Said resolutions are appended to this chapter, marked Appendixes I and II, and are incorporated herewith. [(b) SELL, OFFER FOR SALE, OR DISPLAY ANY DIRK, KNIFE, OR KNIVES HAVING THE APPEARANCE OF A POCKET KNIFE, THE BLADE OR BLADES OF WHICH CAN BE OPENED BY MANIPULATING A BUTTON OR EXERTING PRESSURE ON THE HANDLE OR BY OTHER MECHANICAL DEVICES. SUCH DIRK OR KNIFE IS HEREBY DECLARED TO BE A DANGEROUS OR DEADLY WEAPON. ] Ordinance No. 1857-2000 Page 3 of 5 SECTION IV KMC 13.15.020 is repealed. [ 13.15.020 UNLAWFUL ASSEMBLY PROHIBITED.] [IT IS UNLAWFUL FOR TWO OR MORE PERSONS TO ASSEMBLE TOGETHER OR, BEING ASSEMBLED TOGETHER, TO ACT IN CONCERT TO DO ANY UNLAWFUL ACT AGAINST THE PEACE, OR TO THE TERROR OF OTHERS, OR TO MAKE ANY MOVEMENT THERETO OR ANY PREPARATION THEREFOR, OR OTHERWISE TO ASSEMBLE TOGETHER UNLAWFULLY OR RIOTOUSLY.] SECTION V KMC 13.20.030 is repealed. [13.20.030 TRESPASS.] [IF ANY PERSON OTHER THAN AN OFFICER ON LAWFUL BUSINESS SHALL GO OR TRESPASS ON ANY LAND OR PREMISES IN THE LAWFUL OCCUPATION OF ANOTHER, AND SHALL FAIL, NEGLECT, OR REFUSE TO DEPART THEREFROM IMMEDIATELY AND REMAIN AWAY UNTIL PERMITTED TO RETURN UPON THE VERBAL, PRINTED, OR WRITTEN NOTICE OF THE OWNER OR PERSON IN THE LAWFUL OCCUPATION OF SAID LANDS OR PREMISES, SUCH TRESPASSER SHALL BE GUILTY OF A MISDEMEANOR.] SECTION VI KMC 13.20.040 is repealed. [13.20.040 TRESPASS--NOTICE.] [IF THE OWNER OR PERSON IN LAWFUL OCCUPATION OF LANDS OR PREMISES CAUSES PRINTED OR WRITTEN NOTICES TO BE PLACED ON SAID PREMISES WITH THE NAME OF THE PERSON IN LAWFUL OCCUPATION OF SAID LANDS OR PREMISES ATTACHED BY AUTHORITY, AND REQUIRING ALL PERSONS TO FOREBEAR TRESPASSING ON SAID LAND OR PREMISES, SUCH NOTICE SHALL BE HELD AND DEEMED TO BE SUFFICIENT PRIMA FACIE EVIDENCE OF NOTICE AS MENTIONED IN THE LAST PRECEDING SECTION.] SECTION VII KMC 13.20.050 is repealed. ~ [13.20.050 STRUCTURES IN STREETS]. Ordinance No. 1857-2000 Page 4 of 5 [ANY PERSON WHO PLACES, ERECTS, OR OCCUPIES WITHIN ANY STREET, ALLEY, PARK, OR OTHER PUBLIC AREA OF THE CITY, ANY HUT, HOVEL, SHANTY, OR OTHER STRUCTURE WHATEVER NOT AUTHORIZED BY PROPER AUTHORITY, IS GUILTY OF A MISDEMEANOR.] SECTION VIII KMC 13.25.010(a), (b) and (c) are repealed. 13.25.010 Miscellaneous offenses. It shall be unlawful for any person to: [(A) IMPERSONATE AN OFFICER OR EMPLOYEE OF THE CITY, OR WITHOUT AUTHORITY TO EXERCISE OR ATTEMPT TO EXERCISE HIS POWER OR DUTIES. (B) RESIST ARREST BY A POLICE OFFICER OR, WHEN IN THE CUSTODY OF AN OFFICER OF fiHE CITY OR CONFINED IN THE CITY JAIL OR OTHER PRISON, TO ESCAPE OR ATTEMPT TO ESCAPE FROM SUCH CUSTODY, JAIL, OR PRISON. (C) ASSIST OR ABET A PERSON IN CUSTODY OF AN OFFICER OF THE CITY OR ANOTHER PUBLIC OFFICER, OR CONFINED IN THE CITY JAIL OR OTHER PRISON OR INSTITUTION, TO ESCAPE OR GIVE ALCOHOLIC LIQUOR OR, WITHOUT APPROVAL OF THE OFFICER IN CHARGE, ANY OTHER THING TO SUCH PERSON] . [(D)] (a) Interfere with, obstruct, mutilate, mar, conceal, or tear down any official notice, placard, light, or barricade placed by City authority without due permission. SECTION IX KMC 13.25.020(b) is repealed. 13.25.020 Resisting officers. It is unlawful for any person to: (a) Knowingly or willfully resist, oppose, or obstruct the Chief of Police, any other policeman, a magistrate, or any other officer or employee of the City in the discharge of his official duties; or [(b) THREATEN OR OTHERWISE TO INTIMIDATE OR ATTEMPT TO INTIMIDATE ANY SUCH OFFICER OR EMPLOYEE IN THE DISCHARGE OF HIS OFFICIAL DUTIES; OR TO ASSAULT, BEAT, REVILE, ABUSE, USE ABUSIVE OR INDECENT LANGUAGE fiOWARD OR ABOUT ANY SUCH OFFICER OR EMPLOYEE WHILE SUCH OFFICER OR EMPLOYEE IS IN THE DISCHARGE OF HIS OFFICIAL DUTIES.] SECTION X KMC 13.25.040 is repealed. Ordinance No.1857-2000 Page 5 of S [ 13.25.040 FALSE FIRE ALARMS.] [IT IS UNLAWFUL FOR ANY PERSON KNOWINGLY TO TURN IN A FALSE FIRE ALARM, OR IN ANY MANNER fi0 DECEIVE OR ATTEMPT TO DECEIVE THE FIRE DEPARTMENT OR ANY OFFICER OR EMPLOYEE THEREOF WITH REFERENCE TO ANY FIRE ALARM OR REPORTED FIRE, OR KNOWINGLY TO CAUSE THE FIRE DEPARTMENT OR ITS OFFICERS OF EMPLOYEES TO MAKE A USELESS RUN.] PASSED BY THE COUNCIL OF THE CITY OF KENAI ALASKA, this ~a of Y 2000. ~ ATTEST: Carol L. Freas, City Clerk Introduced: Apri15, 2000 Adopted: April 19, 2000 Effective: May 19, 2000 (3/27/00 sp)