HomeMy WebLinkAboutORDINANCE 1858-2000Suggested by: Administration
CITY OF KENAI
ORDINANCE N0. 1858-2000
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KMC
13.05.010 AND KMC 13.05.020, AND DELETING KMC 13.05.030, TO ELIMINATE
MISDEMEANORS FROM THE KENAI MUNICIPAL CODE AND REPLACE THEM WITH
VIOLATIONS.
Whereas, various sections of the Kenai Municipal Code classify violations of the code as
misdemeanors; and
Whereas, under Alaska law because misdemeanors involve possible jail time for the
defendant, the City must pay for the costs of misdemeanor prosecutions including, any
court appointed counsel, jury expenses and jail costs; and
Whereas, the costs of prosecution of violations is significantly less because there is no
possibility of jail time and therefore the City does not have to pay for court appointed
counsel, jury expenses and jail costs; and
Whereas, changing misdemeanors to violations will also benefit defendants in that they
would be charged with a violation rather than a criminal offense.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, that the following changes be made to Title 13 of the Kenai Municipal Code.
SECTION I
KMC 13.05.010 is amended as follows:
13.05.010 Penalty.
(a) Any person, firm, or corporation who shall violate any provision of the
Kenai Municipal Code by doing any act prohibited or declared to be
unlawful thereby or declared to be an offense, or who shall fail to do any
act required by such provision, or who shall fail to do any act when such
provision declares such failure to be unlawful or to be an offense upon
conviction of any provision of the Kenai Municipal Code shall be punished
as follows:
[ 1. MISDEMEANORS - UP TO A FIVE HUNDRED DOLLAR 0500.00)
FINE AND/OR THIRTY (30) DAYS IN JAIL.
2. ATTEMPT TO COMMIT AMISDEMEANOR - UP TO A TWO HUNDRED
FIFTY DOLLAR 0250.00) FINE AND / OR FIFTEEN (15) DAYS IN JAIL. ]
[3] 1. Violations - Up to a five hundred dollar 0500.00) fine.
[4] 2. Attempt to Commit aViolation - Up to a two hundred fifty dollar
0250.00).
(b) Civil penalties as provided for in the Kenai Municipal Code shall be
assessed in an amount not to exceed one thousand dollars (~ 1,000.00.)
(c) In addition to any fine or penalty prescribed by law, a defendant
Ordinance 1858-2000
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..
convicted of violating a municipal ordinance shall pay the surcharge
required under AS 12.55.039 and 29.25.074.
SECTION II
KMC 13.05.020 is amended as follows:
13.05.020 Attempts.
[(A) EVERY PERSON WHO ATTEMPTS TO COMMIT A MISDEMEANOR,
AND IN SUCH ATTEMPT DOES ANY ACT TOWARD THE COMMISSION OF
SUCH MISDEMEANOR, BUT FAILS OR IS PREVENTED OR INTERCEPTED
IN THE PERPETRATION THEREOF, IS GUILTY OF AN ATTEMPTED
MISDEMEANOR AND SHALL BE PUNISHED IN THE MANNER
PRESCRIBED IN KMC 13.05.010 FOR ATTEMPTED MISDEMEANORS.]
[(b)] a. Every person who attempts to commit a violation, and in such
attempt does any act toward the commission of such violation, but fails or
is prevented or intercepted in the perpetration thereof, is ~ guilty of an
attempted violation and shall be punished in the manner prescribed in
KMC 13.05.010 for attempted violations.
SECTION III
KMC 13.05.030 is repealed.
[ 13.05.030 AIDING IN A MISDEMEANOR].
[WHEN NO PUNISHMENT FOR COUNSELING, ABETTING, OR AIDING IN
THE COMMISSION OF A PARTICULAR MISDEMEANOR IS EXPRESSLY
PRESCRIBED BY ORDINANCE, EVERY PERSON WHO COUNSELS, ABETS,
OR AIDS ANOTHER IN THE COMMISSION OF SUCH IS GUILTY OF A
MISDEMEANOR AND PUNISHABLE IN THE SAME MANNER AS THE
PRINCIPAL OFFENDER.
SECTION IV
In the following sections of the Kenai Municipal Code the word
"misdemeanor" is changed to "violation."
A.
Code Section Descri tion
1. 02.35.010 Alcoholic bevera es
2. 05.05.010 Peddlers
3. 05.05.040 Peddlers
4. 05.30.020 Itinerant merchants
5. 05.30.230 Health and safet
6. 06.05.270 (a) 8v
b Elections
7. 11.20.580 In'u to Cit land
8. 11.20.750 Unauthorized material removal from fit land.
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9. 12.20.060 Health and safet
10 18.05.060 Obstruction of streets, enerall
11 18.05.100 Obstruction of sidewalks
12 18.05.110 Penalties for obstruction of streets sidewalks
13 18.35.030 Ille al cam in enalties
B.
Code Section Descri tion
1. Air ort Re lations 10.05.020 Penalties
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this ~ da of ,
Y
2000.
1
ATTEST:
Carol L. Freas, City Clerk
Introduced: Apri15, 2000
Adopted: April 19, 2000
Effective: May 19, 2000