HomeMy WebLinkAboutORDINANCE 1789-1998Suggested by: Administration
CITY OF KENAI
ORDINANCE N0. 1789-98
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING
KMC 13.05.010 TO AUTHORIZE COLLECTION OF A SURCHARGE FOR VIOLATION OF
A MUNICIPAL ORDINANCE.
WHEREAS, Alaska Statute ~ 29.25.072 (Michie 1996) requires municipalities to
authorize imposition of a surcharge under Alaska Statute ~ 12.55.039 (Michie 1996)
upon persons convicted of violating municipal ordinances; and
WHEREAS, the money collected from the surcharge will go to the Alaska Police
Training Fund to support state and municipal police training; and
WHEREAS, the new surcharges for municipal violations will be X50 to X75 for
violations which are punishable by possible incarceration and ~ 10 for violations not
punishable by incarceration but where the fine is X30 or more; and
WHEREAS, municipalities not imposing such surcharges by August 27, 1998 may not
enforce municipal ordinances with a possible penalty of either incarceration or a fine of
X30 or greater;
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA THAT KMC 13.05.010 be amended by adding section (c) as follows:
(c) In addition to any fine or penalty prescribed by law, a
defendant convicted of violating a municipal ordinance
shall pay the surcharge required under Alaska Statutes
~~ 12.55.039 and 29.25.072.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 15th day of
July, 1998. ~
ATTEST:
Carol L. yeas, City Clerk
Introduced: July 1, 1998.
Adopted: July 15, 1998
Effective: August 15, 1998
(6/25/98 sp)
CITY OF KENAI
~~ 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794
~ TELEPHONE 907-283-7535
.. _ FAX 907-283-3014
1~IfI1
1992
MEMORANDUM
To: Mayor John J. W' 'ams and City Council Members
From: ~ ~ Cary R. Graves, City Attorney
Date: July 9,1998
RE: Ordinance 1789-98
In 1994, the Legislature enacted Alaska Statute ~ 12.55.039 (Michie 199b). That statute required
Alaskan courts to impose a $10 to $25 surcharge on defendants convicted of traf f is violations. The
surcharge applied to municipal and state violations and some traffic-related misdemeanors. No
municipal action was required-the courts just automatically added to the fines of persons convicted
of municipal violations.
In 1998, the Legislature broadened the surcharge to all state and municipal violations, misdemeanors
and felonies. The new surcharges range from $100 f or a state felony to $10 f or a municipal
violation. The money goes to the Alaska police training f and that provides f ending (in part) for: 1)
the Police Academy in Sitka; 2) the Police Standards Council; and 3) to municipalities that conduct
their own training programs. The idea, I think, is to create a type of police user fee.
In addition to broadening the old surcharge, the Legislature enacted Alaska Statute X29.25.072. It
states that a "municipality may not enforce an ordinance for which a fine of $30 or 'more or
imprisonment is prescribed" unless the municipality "authorizes" the imposition of the new
surcharges. That statute will take effect August 27, 1998. I don't have an explanation of why the
Legislature didn't just require judges to impose the new surcharge without municipal authorization
like it had under the old law.
The court system staff attorney in charge of implementing the new surcharge program told me that
in her opinion a municipality had to "authorize" the new surcharge by ordinance. It could be argued
that, despite the staff attorney's opinion, the word "authorize" doesn't require an ordinance-but
that is an argument I would rather avoid. My concern is that f allure to authorize the new surcharge
by ordinance could be used by defense attorneys to get municipal violations dismissed. This
ordinance is designed to e ' 'ate that argument as a defense before the issue is ever raised.
QZG/sp