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HomeMy WebLinkAboutORDINANCE 0419-1978CITY OF KENAI ORDINANCE NO. 419-78 AN ORDINANCE OF THE CITY OF KENAI REPEALING: Ok) CHAPTER 19 OF THE KENAI CODE OF 1963 AND ALL AMENDMENTS THERETO (ENTITLED "TRAF- FIC OFFENSES") AND (B) CHAPTER 13 OF THE KENAI CODE 1963 AND ALL AMEND- MI~ITS THERETO (ENTITLED "PENALTIES & OFFENSES") AND ADOPTING IN ITS PLACE TITLE XIII IN RECODIFIED FORM. WHEREAS, the Kenai Code of 1963 and all amendments thereto contain: (a) Chapter 19, entitled "TRAFFIC OFFENSES" and (b) Chapter 13, entitled, "PENALTIES AND OFFENSES"; and, WHEREAS, it is in the interests of clarity and efficient government that the above described chapters should be treated under one section, since they both relate to law enforcement; and, WHEREAS, at the same time, the above described Chapters are in need of substantial revisions among which are: A reduction of criminal penalties to avoid offenses being consider- ed serious enough to necessitate a Jm'y trial and possibly a public defender for the defendant at the City's cost; The elimination of the treatment of certain serious crimes which are best left to State Criminal Stalute~, which ah;eady cover these areas; and, The rewording of certain other offenses in order to make them less prone to Judieiai attack on the basis of more recent oou~t deelaions coneem~ing the constitutionality of ordinances treating such sub- Jeets. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Kenai, Alaska, as follows: Section 1. Chapter 19 of the Kenai Code of !9S3 and all amendments thereto are hereby repealed in their entirety. Section 2. Chapter 13 of the Kenat Code of 1983 and all amendments thereto are hereby repealed in their entirety. Section 3. Title XIII, OFFENS]~S & PENALTIES, is he~'eby enacted in its codified fro'm, which is attached hereto and made a part h~roof. ATTEST: CITY OF KENAI Vincent O'Retlly, M~ FIRST READING: SECOND READING: EFFECTIVE DAT~: July 5, 1978 July 19, 1979 Auffust 19, 1979 TITLE XIII OFFENSES AND PENALTIES Chapters: 05 10 15 20 25 30 35 Offenses and Penalties: General Offenses Against Decency, Morality, and Public Policy Offenses Against Peace Offenses Against P~'operty Offenses Against Public Authority Alcohol on School Grounds Traffic Offenses Chapter 5. Offenses and Penalties: General 13.05.010 13.05.020 13.05.030 Penalty Attempts to Commit a Misdemeanor Aiding in a Misdemenaor, P. te. 13.05.010 13.05.020 Penalty Any pe~son, firm or corporation who shall violate any provision of this Title by doing any act prohibited ox' 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 decleres such failm'e to be unlawful or to be an offense, upon conviction of any provision of this Title shall be punished by a fine not exceeding One Hundred Dollars ($100). Attempts to Commit a Misdemeanor Evm'y 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 perpe~ation thereof, is guilty of a misdemeanor, and shall be punished in the maimer pres- cribed for the attempted misdemeanor itselL 13.05.030 Aidin~ in a Misdemeanor, P. tc. When no punishment for counseling, abetting, or siding in the commis- sion of a particul~w misdemeanor is expressly prescribed by ordinance, every person who counsels, abets, or aids another in the commission of such ia guilty of a misdemeanor, and punishable in the some manner as the principal offender. ,Chapter I0. Offenses Against Decency, Morality, and Public Poll,ay 13.10.010 13.10.020 13.10.030 13.10.040 13.10.050 Miscellaneous Offenses Loitering and Sleeping on the Streets, Etc. After Midnight - Schools, Etc. Curfew: Hours; Accompaniment; Parental Responsibility; Evidence Gambling: Definition; Acts Prohibited Cruelty to Animals 13.10.010 Miscellaneous Offenses It shall be unlawful for any person to: Engage for hire or gain in the practice or ceeupation 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 years; e Knowingly perform any act of sexual intercourse, fellatio or oral copulation with another, or any act of the beastiality in any street, alley, park, or other public place; 4. Solicit or seek the aid of a person for the purpose of committing or assisting to commit any unlawful act; Wflfully expose or exhibit his or her genital organs in any public place or on the private premises of another, or so neat' 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; Knowingly exhibit or display in a public place any picture, photo- graph, painting, print, image, statuary, or cast depicting acts of human sexual intercourse, fellatio, oral copulation, or bestiality; 7. Engage in window peeping; and, 8. Beg in any street, alley, place of business, or other public place. 13.10.020 Loitering and 81eeptng on the Streets, Etc. A~or Midnight - Schools, Etc. It is unlawful for any person, withottt lawful reason, between the hours of 12 o'clock midnight and sunrise, to loiter or w~-:der aim- lessly within the City on the streets, in other public places, or on property of another; or at any time to ~,leep on any street, in any other public place, or on any property of another without the ex- pressed or tacit consent of the owner or person in charge of such place. It is unlawful for a person to loiter on or about the premises of a public or private school, or in or about any other public building, or in or about the property of a public carrier, or on or about docks and wharves. 13.10.030 Curfew: Hours; Accompaniment; Parental Responsibility; Evidence .No person under sixteen years of age shall be upon or in a street, alley, public building, place of amusement and entertainment, va- cant lot, or other unsupervised place, between the hours of ten o'clock P .M. during school term or eleven o'clock P.M. at other times, and five o'clock A.M. of any day, unless such person shall be accompanied by and in the charge of his parent or other compe- tent and adult person, or be upon an emergency em'and or legitimate business directed by his parent, guardian, or other adult person having the care and custody of the minor. No parent, guardian, or othar person having the custody l~nd control of children under the age of sixteen years shall allow such child to go ox. be upon ox. in any street, or other places as listed in this sec- tion, between the hours of ten o'clock P.M. during school term or eleven o'clock P.M. at other times, and five o'clock A.M. of any de.y, unless such child shall be accompanied by his parent or othar compe- tent and adult person, or is upon an emergency errand ox' legitimate business directed by his parent, guardian, or other adult person hav- ing the care and custody of the minor. In any prosecution for the vio- lation of any provision of this section, the presence of any person un- der sixteen years of age, not attended as herein required, upon any of tho public streets or other places as listed I~ this section shall be deemed prima facie evidence of the guilt of such parent and of the vio- lation of the provisions hereof. 13.10.040 13.10.050 Oambllnff: Definition; Acts Prohibited Gambling as used in this section means an agreement between two or moro persons to risk their money or property in a con- test 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 act complained of falls within the exception noted in this paragraph shall be upon the person charged. No person shall attend or frequent or invite another to attend or frequent any plae. e where gambling is permitted ce any place operated or occupied as a common gambling house ce room. Cruolt~ to Animals Any pea'sen who shall cruelly best, torture, misuse, deprive cf food or water, ce otherwise mistreat or neglect any animal ce fowl shall be guilty of a misdemeanor. Amended page as of $/2/78 ~hsptar 11i. Offenses Against Pease 13.15.010 MisceUaneous Offenses Against Peace 13.15.020 Unlawful Assembly Prohibited 13.15.010 13.15.020 Miscellaneous Offenses, .Aplainst Peace It shall be unlawful for any person to: Discharge a firearm within the City limits not specifically desig- nated by Council resolution as being a proper place fei, the dis~ charge of firearms. It shall be unlawful for any person to dis- charge a firearm in any place within the City limits other than in an ex'ca specifically designated as provided in this section. Said rosoluflorm are appended to this chapter, marked Appendixes I and II, and a~o incorporated herewith. 8ell, offer for sale, or display any dirk, knife, os. 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 ox. by other mechanical devices. 8ueh dirk or knife is hereby declared to be a dangerous or deadly weapon. Unlawful Assembly Prohibited It is unlawful for two or more persons to assemble tog'etber or,being assembled together, to act in oonoert to do any unlawful act against the peace, or to the terror of others, or to make any movement there- to or any preparation therefor, or otherwise to assemble together un- lawfully or riotously. AMENDED PAGE 6/28/'/8 CITY OF KENAI RESOLUTION NO. '/'5-38 A RESOLUTION OF THE COUNCIL OF TIlE CITY OF KENAI, ALASKA, AS AMENDED, DESIGNATING A CERTAIN PLACE WITHIN TIlE CiTY LIMITS AS BEING A PROPER PLACE FOR TH]~ DISCIIARGE OF FIRF, ARMS. 9/HBREAS, the Council of the City of Kenai is enacting Ordinance No. 262-75 which declares that it shall be unlawful for any person to discharge a firearm in any place within thc City limits other than in an area specifically designated by Council, and ~gHI~RBAS, the Council of the City of Kenai, pursuant to Ordinance 262-75 may designate by resolution areas or places within the City limits where a firearm may be discharged, and WHI~REAS, the Council of the City of Kenai has found the following area within the City limits, with the exceptions noted hereafter, to be a proper place for the discharge of firearms. NOW, THERElmORB, BE IT RESOLVED by the Council of the City of Kenai, Alaska, as follows: Section I. A shotgun may be discharged in the following described area only for the purpose of taking water fowl, with the exceptions sat out in Section 2: Beginning at t~,e centerline of the mouth of the Kenai River where the westerly line of Section 5, RIlW, TS~, Seward Meridian crosses the Kenal River, thence easterly along the centerline of the Kenal River to the ~ast line of Section 5, RllW, TSN, thence southerly along the centerline of the Kenal River to a point 100 yax, ds upstueam of the small boat loading ramp on the Kenai River, thence easterly to the living natural tree line, thence following the now natural living tree line to within I00 y~u, ds of the K_~nat River Bridge crossing road, thence southerly, maintaining a distance of I00 yards from the Kenai River Bridge road and pal'allel'to said road to tho north high watqr bank of the Kenai River, thence easterly along the north high water bank of the Kenai River to a point 100 yards east of the Kenai River Bridge crossing ihence northerly maintaining a I00 yard distance from the Kenai RivEr Bridge crossing road to a point where maximum high tide waters reach, thence following this tide line easterly to a point where tho tide line intersects the west bank of the Kenai River downstream of the Lerstta Knackstedt residence, thence easterly to the centerline of the Kenai Rive~, thence northerly on the centeriine of the Kenal River to a ~oint where the river then flows east to west thence easterly along the centerline of the Kenai River to a point where the Kenai River flows south to north, thence easterly to the west line of Section II, RllW, TSN, thence on a line due east to the next west bank, upstream, of the Kenai River, thence following the nalural maximum Ifl~h water bank of the Kenai River upstream, including all sloughs, backwaters and in-flowing tributaries, as far as navigable from the main stream of the Kanal River, to a point where the Kenai City limits crosses the Kenai Rive~ on the APPENDIX I Page 1 of 3 (13.15.010 [1]) south line of Se~ifon ~, R10W, TSN, thence following the City limits line on south side of the Kenai River to a point where the City limits terminates at the tide line of Cook Inlet (section line dividing Section ?, RIIW, TSN, and Section 1~, RIIW, TSN). It shall be unlawful to discharge any firearm other than a shotgun in the above-described arell o Secflo~ 2. Within the area above-described, it shall be unlawful to discharge a shotgun at any point which is within I00 yards of a residential or commercial structure or of a maintained street or highway. 8ectton 3. Nothing contained herein shall preclude thc retrieval of wounded water fowl by normal minatory bird hunting methods and means from the areas designated as closed to shooting, with regard to safe and prudent use of firearms within these at. pas while retrieving wounded birds. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this -~--~ day of September, li)?$, ' Al*TEST** Sue/C. Pete~, City'Clerk 1~$ A. ELSON, MAYOR RI~SOLUTI01q NO, ?I~'-38 - Pa~e Two APPI~NDIX I Page 2 of 3 (13.15.010 [11) APPENDIX I Page 3 of :3 (13.15.010-.[ 1] ) CITY OF KENAI RESOLUTION NO .7 S · 41 A RESOLUTION OF THE COUNCIL OF TIiE CITY OF KENAI, ALASKA, DESIGNATING A CERTAIN PLACE WITHIN THE CITY LIMITS AS BE~,VG A PROPER PLACE FOR THE DISCHARGE OF FIREARMS. WHEREAS, the Council of th~ City of Kem~i is enacting Ordinance No. 262-75 which declares that 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 by Council, and WHEREAS, the Council of the City of Kenai, pursuant to Ordinance 262-75 may designate by resolution areas or places within the City limits where a firearm may be discharged, and WHEREAS, the Council of the City of Kenai has found the following area within the City limits, with the exceptions noted hereafter, to be a proper pla~e for the discharge of NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Kenai, Alaska, as follows: Section I. A firearm may be discharged at any place within that area which bounded as follows, with those exesptlons set out in Section 2. Beginning at a point being approximately Mile $ on the Kenai Spur, thence no~th on the City limits line to the nc~ih City limits, then west along the no~,th City limitz line ~ the intersection of Mauathon Road and the City limits, thence southwest along the eastm'ly edge of Marathon Road to the intersection of Marathon Road and a line d~awn from the inter- seotfon of Davidson Drive and the Kenal Spur at right angles to the end of the ~,unway of the Kenat Municipal Airport, thence southeasterly along such line to the tnteroectlon of Davtdson D~ive and the Kenai Spur, thence east.along the nostherly edge of the Kenai Spur to the point of beginning. Section 2. It shall be unlawful to discharge a firearm at any point which is within I00 yards of a residential or commercial structure or of a maintained street ol, highway. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this ~.~'~ day of September, 1975. · JAMES A. ELSON, MAYOR APPENDIX II Page 1 of 2 (13.15.010 [1]) oO oo i APPEI~DIX II P.age 2 of 2 (13.15.010 [1])' 20. Offenses Against Property II 13.20.010 13.20.020 13.20.030 13.20.040 13.20.050 13.20.0X0 13.20.020 13 °20°030 13.20.040 Placing Signs. Etc. on Property of Another Throwing or Shooting at Persons or Property Trespass Trespass: Notice Structures in Streets, Etc. Placing Signs, Etc. on Property of Another It is unlawful for any person to place, stick, tack, paste, post, paint, mark, write, or print any sign, poster, picture, announce- ment, advertisement, bill, placerd, device, or inacription upon any public or private building, fence, sidewalk, bridge, viaduct, post, automobile, other vehicle, o~ other property of another withou~ the consent of the owner or person in charge thereof, ,T...hrowing or Shooting at Persons or Proper~y It is unlawful for any person to throw or shoot any stone, shot, or other object into or across any street or alley, or in arty place where he is likely to hit another person wrongfully or to injure prope~y, or to throw or shoot any stone, shot, or other object at any person, vehicle, structure, electric light, or other property of another (whethex' public or private), except in case where such is done Justi- fiably in defense of oneself, of another person, or of property. 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 or printed or written notice of the owner or person in the lawful occupation of said lands or premises, such trespasser shall ne guilty of a misdemeanor. Trespass: Notic.e. If the owner or person in lawful occupation of lands or premises causes printed or written notices to be p!aced on said premises with the name of the person in lawful occupation or owner of said lands or p~'emises attached by authority, and requiring all per- sons to forbear trespassing on said land or premises, suoh notice shall be held and deemed to be sufficient prima facte evidence of notice as mentioned in the last preceeding section. 13.20.050 Struct~res h~ Streets, ~.tc. Any person who plftees, erects, or o~euptes within any street, all~y, park, ox' other public ?ea ol* the City, an~ hut, hovel, shanty, or other structure whatever not authori*,~ed by proper authority, is guilty of a misdemeanor. 13.25.010 13.25.020 13.25.030 13.25.040 13o25.010 13.25.020 ~.~h~.pter 25. Offenses A~ainst Public Authority Miseellaneotm 0ff~nses Against Public Authority Resisting Officers, False Rapresentatlon to an Officer Fals~ Fire Alarms Misee!!sneous Often,es ,,Against Public Autho~.ity,, It shall be unlawful for any pe~son to: 1, Impersonate an officer or employee of the Ct~/, or without author- ity to exercise or attempt to exercise his power or duties. ° Resist arrest by a police officer or, when in the custody of an officer of the City or confined in the City Jail or other prison, to escape or attempt to escape from such custody, Jail, or prison. Assist or abet a person in custody of an office of the City or other public officer, or confined in the City Jail or other prison or insti~ tution, to escape or give alcoholic liquor or, without approvnl of the officer in charge, any other thing to such person. Interfere with, obstruct, mutilate, mar, ~onceal, ox. tear down any official notice, placard, light, or barricade placed by City author- ity without due permission. Resisting Officers~. Etc,. It is unlaw'ful for any person to: Knowingly o~ wilfully 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, Tin'eaten or otherwise to intimidate or attempt to intimidate any such officer ov employee in the discharge of his official duties; or to assault or beat, or revile, abuse, use abusive or indecent lang- uage toward or about any sucl~ ;.~'fieer or employee while such offi- cer or employee is in the dischat'ge of his official duties. 13.25.030 13.25.040 False Repr .es. ent.n,tfon.to en Officer It is unlawful for any person, fire, or corporation, or any a~ent or employee thereof, knowingly to make any material misrepresent- ation to any offleex', employee, or agency of the City govex'nment in any official application to, or official dealing or negotiation with, such offieel~, employee, or agency; or to commit perjury before any agency or officer of the City. False Fire Alarms It is unlawful for any person knowingly, to turn in a false fire alarm, ox' in any manner to deceive or attempt to deceive the Fire Depax, tment ox' any officer ox, employee thereof with reference to any fire e~m or reported fire, or knowingly to cause the Fire Department or its officers or employees to make a useless run. 13.30,0z0 13.30.020 13.30.010 13,30,020 Chapter 30. Alcohol on ,School Grounds Possession of Aleoholie Beverages Prohibited on School Grounds Consumption of Aloehol Prohibited on School Premises Possession of Aleoholie Beverai~es Prohibited on School Grounds No .person shall eam'y er have in possession, or under said person's control, or aeeeesible to said person alcoholic liquo~ or alcoholic bev- erages on the premises of any school located within the City limits. Consumption of Alcohol on School Premises No person shall consume, drink, er otherwise ingest any alcoholic bev~ ernge ct* alcoholic liquors while in, upon, ~u' passing tltrough any school p~'em~,~s located within the City limits. 13.35.010 13,35.020 13.35.030 13.35.040 13.35.050 13.35.060 13,35.070 13.35.010 13,35.0~0 Chapter 35, Traffic Offenses State Traffic Regulations Adopted Duty of Police Depm'tment and Fire Department Night Parking Prohibited Violatore to be Towed Signs Bear the Legend Other Notice Use of Bicycle Trails State Traffic Re~flatlons Adopted There is hereby incorporated by reference into this code, except as otherwise provided by this Title, and title 18 - Motor Vehicles of the Alaska Statutes (1974), as well as all regulations promulgated thereunder to the effective date of this ordinance, including but not limited to Title 13 of the Alaska Administrative Code. Duty of Police Department and Fire Department It shall be the duty of the PoUce Department to enforce the street traffic regulations of this City and the State vehicle laws and reg- ulations applicable to street traffic in this City, to make arrests for traffic violations, to investigate accidents, and to cooper.ate with othe~, officers of the City in the administration of the traffic laws and regulations and in d-.veloping ways and means to improve traffic conditions, and to lnake out those duties specially imposed upon said department by this Chapter and any other traffic ordin- ances of this City. Officers of the PoUce Department or such officers thereof, as are assigned by the Chief of Police, are hereby authorized to direct all traffic by voice, hand, or signal in conformance with traffic laws, regulations, and ordinances; provided that in the event of a fire or other emergency or to expedite traffic or to safeguard pedestrians, officers of the Police Department may direct traffic as conditions may ~'equil'e notwithstanding the provisions of the traffic laws, regulations, and ordinances. Officers of the Fire Department, when at the scene of a fire, may direct or assist the Police in directing traffic thereat or in the im- mediate vicinity. AMENDED PAGE 6/28/78 13.35.030 13.35.040 13.35.060 13.35.060 13.35.070 Night Parking Prohibited After October I of each fall and until May 1 of the following year, no person shall leave any vehicle unattended on any City street between the hours of 4:00 A .M. and 8:00 A .M. of any day. Violators to be Towed When a vehicle in violation of Section 19.65,010 is interfering with snow removal undertaken by the City of Kenai, a police officer or other authorized employee of the City of Kenal is authorized to remove and tow away or have removed and towed away by the nearest available commercial towing service autorized by the Alaska Transportation Com- mission to impound vehicles, any such vehicle in violation. Cars so towed away for illegal parking shall be restored to the owner or oper~ atox' of such ca~' upon payment of the reg~.lar fees established for such towing service by the Alaska Transportation Commission. Signs Bearing the Legend Signs bearing the legend: PARKING PROHIBITED ON ALL CITY STREETS 4:00 A .M. TO 8:00 A.M. OCTOBER I to MAY I shall be placed in the locations Ust;d below a~;d at ouch other locations as the City Manager may designate so as to put vehicle owners and oper- ators on notice of the regulation. Other Notice Notice of this ordinance shall be published in a newspaper of general circulation every other week during the months the prohibition is in effect and shall also be broadcast on a local radio station at such time as the City Manager may direct so as to effectively reaeh vehiele own- ers and opex'ators. Use of 2iayele Trails A person who operates a motorized vehicle on a path o~ trail specif- ically designed and deeignated fox' bicycles ox' posted with ~lgns prohibiting motox, ized vehicles shall be guilty of a misdemeanor and upon conviction shall be punishable by a fine not to exceed $100. AMENDED PAGE 6/28/78