HomeMy WebLinkAboutORDINANCE 0231-1973,n}~r~~~ J~atc of Introd~~ction:
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CITY OF Y,}:tiA I - {)rd i Hance J~'/ - 73
AN ORDINANCE FOR APPROVAL, OR REJECTION, N.Y TU}i VOTkIt5 OF TfIE CITY
OF KENAI ON Tf}E QUESTION OF Al•1F.*1J)TN~; TfiE CfiARTER {VffICH IVOIII.D PERMIT
EXPEDITIOIIS TRIAL OF TRAFFIC OFFENSES, AND OTffTR VIOI,ATTONS NOT
LEGALLY INTF.RPRETEll TO BI: CRIPIINAI. IN NATIIRE RY NOT REQIIIRING '~`QY
TRIALS, PROVIDING FOR A REFERENDIIM I;Y TI}E VOTERS AT T}!E REGULAR
ELECTION ON OCTOBER 2, 1973, AND DECLARING AN I:"~IERGFNCY.
1VIIEREAS, the existing; Iar~ with respect to jury trial for
minor traffic offenses, and violations of Code of City of Kenai,
not customarily regarded as criminal is unclear and has caused
confusion and unnecessary expense, and
IV}iEREAS, Charter of the City of Kenai .Section 9 -3 limits
imposition of fines to $300.00, provides for imprisonment limitation
of 30 days in jail and requires imprisonment to satisfy fines if
not paid and it is desirable to change such provisions of the Charter
of the City of Kenai to conform e:ith state la~•r.
11E IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA:
Section 1 - The Council fiTrds the Charter of the City
of Kenai shouTT-changed to conform said Charter so penalties
.`or traffic violations and minor violations not ordinarily
considered criminal, will conform to interpretations of the Alaska
Supreme Court. The Council further finds so call3ed minor traffic
violations, andciher minor offenses, rarely, if ever, result in
jail sentences so the continuation of such provision of law is
administratively cumbersome and expensive.
Section Z - That the provisions in the Kenai Charter,
Section 9-2, ~~gon approval of this ordinance by referendum vote
of the voters ~f the City of Kenai, are hereby repealed.
erection 3 - That the provision in the Charter of the City
of Kenai, en`i`f`tTed^"Penalties", Section 9-3 is hereby repealed and
re-enacted to read as follows:
Penalties
Section 9-3:
a. punishment for violations ~f the Charter and Code
of the City of Kenai, after conviction at a court trial,
shall not exceed the standards prescribed by the Alaska
Supreme (:ourt. Upon conviction of violations of the
Charter of the Code of the City of Kenai for which
a penalty with connotations of crimin?lity, or im-
prisonment may he imposed the right of trial by jury
sha21 be available on request.
t' b. the limitation on penalties for violations of
the Charter or Code of the City ~f Kenai for a monetary
fine shall be established in said Code. For imprison-
-- i ment the Code may not establish a penalty requiring in-
carceration in a jail, or prison, in excess of 30
days. This 30 day limitation is not to be con5t:rucd
as limiting a requirement for parole, probation or
reporting to the Court while such person is under
continuing supervision of the Court, or other govern-
mental agencies, for the ntirno~p of rnhyhi 1 it..«:..-
....~avc
supervision.
Section d - That at t}te reg;tilar election to he held on
October 2,T~; tTere shall be submitted to voters a nropoyition
in substantially the following form:
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~ PAGF. T~VO
PROPOSITION NO. 2
Sha11 the Charter of the City of Kenai he amended
as set forth in ord'~nance -73 to remove Pre-
sent Charter limitation for monetary fines, auth-
orize establishment of penalties for traffic, and
non-traffic, violations which are not defined as
criminal acts to liE imposed after only a court
trial, all as more fully stated in Ordinance •73
passed, sub~ect to approval by referendum of fie
voters of t e City of Kenai, on the day of
August, 1973.
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In favor of Charter Amendment [
Against Charter Amendment [ l
Section S - The City Clerk fs directed tv publish this
ordinance in a east one newspaper of general distribution within
the City, for at least four successive publications prior to the
election and shall post notices of said election in at Least four
public places within the City.
Section 6 An emergency is declared and this ordinance
shall bee ect ve day of September, 1973.
First Reading day of 1973.
Second reading _i day of 1973.
,' ayor
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ATTEST
ty er
Posted after first reading day of __ 1973
Posted after final reading day of 1973.
PuUlished ~ day of 1973
t,:
CITY OF KENAI
P. O. tOK St0 KENAI, ALASKA 99611
-- TELEPHONE 4E3 • 7535
15 Au~?ust 1973
Mayor and Council
City of Kenai
Rox SSO
Kenai, Alaska
Ke: Revision of Charter City of Kenai La4rs to simplify disposition
of traffic violations and miner non-traffic offenses.
At the present time the code and charter of the City of Kenai are
unctoar enought that practically any minor traffic violation or
disturbanco can result in a jury trial. This is true although
the fine would rarely exceed $100.00. Such a penalty does not
Iabe1 somebody as being a criminal.
~9hen an offense does not carry a penalty which lebels the act as
criminal then the Supreme L'ourt stated it is not necessary to have
a jury trial. If it is not necessary to have a jury trial then the
cost of carrying disputed traffic violations or other minor
vioations is very much less in potential costs for juries and
costs fcr attorneys fees.
The lessening of demands upon trio citi2ens of the community for
service as jurors is also something that should be considered.
Demands for service as jurors sho11ld be a_g rcaaonahle as possible.
I ld recommend a chan~o in the Charter be s~!bmitte3 to the
otees, if the c u ,~e~ gr es with proposed amendment.
" ' J ES E. FI5HER
'~ C ty Attorney
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