HomeMy WebLinkAboutOrdinance No. 3180-2021KENAI
CITY OF KENAI
ORDINANCE NO. 3180-2021
Sponsored by: Legal
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KENAI
MUNICIPAL CODE 3.05.070 -CITATION PROCEDURE, AND KENAI MUNICIPAL CODE
13.10.015 — MINOR OFFENSE FINE SCHEDULE TO INCORPORATE VARIOUS ANIMAL
CONTROL OFFENSES INTO THE MINOR OFFENSE FINE SCHEDULE AND MAKE OTHER
HOUSEKEEPING CHANGES.
WHEREAS, this Ordinance incorporates existing mandatory court appearances into the fine
schedule, establishes progressive fines for multiple offenses, provides a citation process for
animal control officers to address livestock violations, and makes other housekeeping changes;
and,
WHEREAS, KMC 3.05.060- Penalties and Remedies, KMC 3.05.070- Citation Procedure, and
KMC 13.05.010- Penalties, provide a citation process for Animal Control to enforce animal control
ordinances adjudicated through the court system; and,
WHEREAS, the City's fine schedule contained in KMC 13.10.015 provides the specific fine
amount for each offense; and,
WHEREAS, pursuant to KMC 3.05.070, certain offenses, including cruelty charges and third
offenses within a 12 month period, require a mandatory court appearance as opposed to an ability
to pay for the citation without a court hearing; and,
WHEREAS, many mandatory court appearance charges were inadvertently excluded from the
City's fine schedule and should be included; and,
WHEREAS, while mandatory Court appearances are typically required when offenses are more
serious, or prior citations have failed to curb the offensive behavior, they are more burdensome
on the defendant, the City and the court system; and,
WHEREAS, Animal Control recommends that some offenses currently requiring a mandatory
court appearance be changed to a set fine amount without a requirement to appear in court; and,
WHEREAS, KMC 3.10.030 Maintenance and Sanitation, that requires animals and associated
facilities to be kept in a clean and sanitary condition, currently requires a mandatory court
appearance, but a progressive fine schedule is preferable given the nature of the offense; and,
WHEREAS, changing KMC 3.10.050 — Animals Near Streets, from a mandatory court appearance
to a progressive fine schedule is also recommended; and,
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Ordinance No. 3180-2021
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WHEREAS, changing KMC 3.15.010 — Licenses Required, that requires animal kennels to be
licensed, from a mandatory court appearance to a progressive fine schedule is likewise
recommended; and,
WHEREAS, finally, changing KMC 3.15.050(a) — Standards For Operating Kennel Facilities, that
outlines minimum health and safety standards for operation of a kennel facility, from a mandatory
court appearance to a progressive fine schedule is recommended; and,
WHEREAS, KMC 3.10.070- Livestock Within City Limits, prohibits certain livestock on some
properties in some zones within the City; and,
WHEREAS, while livestock ordinances are managed by animal control, offenses for livestock
violations have not previously been incorporated into the citation process, but instead have been
enforced through the Planning Department's code compliance officer; and,
WHEREAS, providing a citation process for livestock violations will allow for an ease of
enforcement and provide clarity to the process; and,
WHEREAS, a prior update of the Minor Offense Fine Schedule inadvertently removed KMC
3.10.020 — Control and Confinement of Animals, subsection (a) related to restraint of dogs that
should be placed back into the fine schedule for enforcement purposes; and,
WHEREAS, increasing the fine amount to $50.00 and establishing a progressive fine schedule
for KMC 3.20.010 — Failure to License Dog, will discourage owners from choosing to pay a $25
fine, instead of the non -sterilized dog license fee of $30.60; and,
WHEREAS, updating KMC 13.10.015 — Minor Offense Fine Schedule, to reflect the revised fines
is in the best interest of the City; and,
WHEREAS, a previous amendent of KMC 3.10.020 — Control and Confinement of Animals,
requires an additional update to 3.05.070 — Citation Procedure, to reflect a correct cross reference
that was previously inadvertently missed.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA,
as follows:
Section 1. Amendment of Section of the Kenai Municipal Code: That Kenai Municipal Code,
Section 3.050.070 — Citation procedure, is hereby amended as follows:
3.05.070 Citation [P]Procedure.
(a) An officer may serve a summons and complaint in the form of a citation upon a person for
violating a provision of this chapter, or a term, condition, or limitation of a license issued
hereunder, or a City regulation promulgated under this title.
(b) A summons and complaint issued under this section shall contain a notice directing the
person to whom it is issued to appear in the Court for the Third Judicial District of the State of
Alaska at Kenai, or pay a fine to the City of Kenai.
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Ordinance No. 3180-2021
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(c) An officer who issues a summons and complaint under this section shall deposit the original
and a copy of the citation with the officer's immediate superior who shall forward the citation to
the City of Kenai Legal Department.
(d) Mandatory court appearance shall be required:
(1) For a violation of KMC 3.10.020[(C)]fdj.
(2) For a violation of KMC 3.10.070(g).
(3) For all cruelty charges under this code.
(4) Upon third citation of all other provisions of KMC Chapter 3.10 in a twelve (12) month
period.
Section 2. Amendment of Section of the Kenai Municipal Code: That Kenai Municipal Code,
Section 13.10.015 — Minor offense fine schedule, is hereby amended as follows:
13.10.015 Minor [O]Offense [F]Fine [S]Schedule.
In accordance with AS 29.25.070(a), citations for the following offenses may be disposed of as
provided in AS 12.25.195 through 12.25.230, without a court appearance, upon payment of the fine
amounts listed below or on the State of Alaska Uniform Minor Offense Tables for Titles 28 and 13
AAC offenses plus the state surcharge required by AS 12.55.039 and 29.25.074. Fines must be paid
to the City of Kenai. The Rules of Minor Offense Procedure in the Alaska Rules of Court apply to all
offenses listed below. Citations charging these offenses must meet the requirements of Minor
Offense Rule 3. If a person charged with one (1) of these offenses appears in court and is found
guilty, the penalty imposed for the offense may not exceed the fine amount for that offense. If an
offense is not listed on this fine schedule or another fine schedule the defendant must appear in
court to answer to the charges.
The fine amounts are doubled for motor vehicle or traffic offenses committed in a highway work
zone, as those terms are defined in AS 28.90.990 and 13 AAC 40.010(b).
An offense may not be disposed of without a court appearance if the offense is in connection with a
motor vehicle accident that results in a death of a person.
MINOR OFFENSE FINE SCHEDULE
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CITE
RULE/OFFENSE
FINE
OFF-ROAD VEHICLE OPERATION
1
KMC 13.40.020(a)
On public or private property without the express or
100.00
implied consent of the owner, authorized agent, or
representative.
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CITE
RULE/OFFENSE
FINE
2
KMC 13.40.020(b)
On municipal park lands, except where specifically
100.00
authorized, municipal playgrounds and school
playground areas except by special authorization or in a
specially designated area. Notwithstanding, wheelchairs
may be operated on park lands and playgrounds by
persons with mobility disabilities, subject to the other
provisions of this chapter.
3
KMC 13.40.020(c)
On a City or State maintained roadway, sidewalk, or on
100.00
a path or trail designated for bicycles or pedestrians,
unless such travel is necessary to go around an
obstruction or hazard.
4
KMC 13.40.020(d)
On any City or State road right-of-way that has been
100.00
landscaped, seeded, or otherwise improved.
5
KMC 13.40.020(e)
In such a manner as to produce sufficient noise to
100.00
disturb the peace and quiet of another.
6
KMC 13.40.020(f)
In such a manner as to cause damage to improved
100.00
property or destruction to the terrain.
7
KMC 13.40.030
Special stops required
90.00
8
KMC 13.40.050
Helmet required
100.00
9
KMC 13.30.080
Operating vehicle in a prohibited area
100.00
ANIMALS
10
KMC 3.10.010
No person may permit an animal which they own to
50.00
interfere with another person's reasonable right to peace
or privacy by making repeated or continued noise. (1st
offense)
11
KMC 3.10.010
No person may permit an animal which they own to
100.00
interfere with another person's reasonable right to peace
or privacy by making repeated or continued noise. (2nd
offense)
12
KMC 3.10.010
No person may Permit an animal which they own to
UP TO
interfere with another person's reasonable richt to Peace
500.00
or privacy by making repeated or continued noise (3rd
offense
13
KMC 3.10.020(a)
A person who owns a dog shall keep the dog under
50.00
restraint at all times. (1 sl offense)
14
KMC 3.10.020(a)
A person who owns a dog shall keep the dog under
100.00
restraint at all times. (2"d offense)
15
KMC 3.10.020(a)
A person who owns a dog shall keep the dog under
UP TO
restraint at all times. (3rd offense) 1
500.00
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CITE
RULE/OFFENSE
FINE
[121L6
KMC 3.10.020(b)
A person who owns an animal other than a dog that is
50.00
capable of annoying or endangering other persons or
damaging their property shall keep the animal under
restraint at all times. (Is' offense)
[11 3]i_7
KMC 3.10.020(b)
A person who owns an animal other than a dog that is
100.00
capable of annoying or endangering other persons or
damaging their property shall keep the animal under
restraint at all times. (2n4 offense)
18
KMC 3.10.020(b1
A person who owns an animal other than a dog that is
UP TO
capable of annovina or endangering other persons or
500.00
damaging their property shall keep the animal under
restraint at all times. (3rd offense)
[14]19
KMC 3.10.020(c)
A person who owns a dog or other animal shall use
100.00
reasonable means, including restraint or confinement, to
prevent that dog or other animal from causing hams or
injury to another person or animal unless the animal is
on the private property of the owner.
[15]20
KMC 3.10.020(d)
A person who owns a vicious or dangerous animal shall
50.00
at all times either confine the animal in a building or a
secure enclosure, or otherwise secure the animal, as
with a muzzle, so it cannot injure other persons or their
property. (1st offense)
[16]LI
KMC 3.10.020(d)
A person who owns a vicious or dangerous animal shall
100.00
at all times either confine the animal in a building or a
secure enclosure, or otherwise secure the animal, as
with a muzzle, so it cannot injure other persons or their
property. (2nd offense)
22
KMC 3.10.020(d)
A person who owns a vicious or dangerous animal shall
UP TO
at all times either confine the animal in a building or a
500.00
secure enclosure, or otherwise secure the animal as
with a muzzle, so it cannot injure other persons or their
property. (3r" offenses
[1 7]Z3
KMC 3.10.020(e)
A person who owns a female dog or cat in heat or during
50.00
ovulation shall keep the dog or cat under restraint in
such a manner that it cannot come into contact with a
male of its species except for planned breeding
purposes; provided, that a female sled dog in heat shall
be confined unless it is restrained by proper harnessing
in a team in such a manner that it cannot come in
contact with a male dog except for planned breeding
purposes. (1s'offense)
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Ordinance No. 3180-2021
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CITE
RULE/OFFENSE
FINE
[181L4
KMC 3.10.020(e)
A person who owns a female dog or cat in heat or during
ovulation shall keep the dog or cat under restraint in
such a manner that it cannot come into contact with a
male of its species except for planned breeding
purposes; provided, that a female sled dog in heat shall
be confined unless it is restrained by proper harnessing
in a team in such a manner that it cannot come in
contact with a male dog except for planned breeding
purposes. (2n' offense)
100.00
25
KMC 3.10.020(e)
A person who owns a female dog or cat in heat or during
UP TO
500.00
ovulation shall keep the dog or cat under restraint in
such a manner that it cannot come into contact with a
male of its species except for Planned breeding
Purposes: Provided that a female sled dog in heat shall
be confined unless it is restrained by Proper harnessing
in a team in such a manner that it cannot come in
contact with a male dog except for planned breeding
ourooses. (31d offense)
[19]26
KMC 3.10.020(f)
No person other than an officer performing their duties
under this title may release an animal from restraint
without its owner's consent, except to preserve the
animal's life. (1s' offense)
50.00
[20]27
KMC 3.10.020(f)
No person other than an officer performing their duties
under this title may release an animal from restraint
without its owner's consent, except to preserve the
animal's life. (2nd offense)
100.00
28
KMC 3.10.020(fl
No Person other than an officer performing their duties
UP TO
500.00
under this title may release an animal from restraint
without its owner's consent except to Preserve the
animal's life. (3'd offense)
29
KMC 3.10.030
A Person who owns an animal shall maintain all
50.00
structures pens and yards where the person keeps the
animal, and all areas adjacent thereto in a clean and
sanitary condition and free from objectionable odor. (13'
offense
30
KMC 3.10.030
A Person who owns an animal shall maintain all
100.00
structures, pens. and yards where the person keeps the
animal, and all areas adiacent thereto in a clean and
sanitary condition and free from obiectionable odor. (2nd
offense
31
KMC 3.10.030
A person who owns an animal shall maintain all
UP TO
500.00
structures. Dens, and yards where the oerson keeps the
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CITE
RULE/OFFENSE
FINE
animal, and all areas adjacent thereto in a clean and
sanitary condition and free from objectionable odor. (3rd
offense
32
KMC 3.10.050
No person may tie, stake. or otherwise confine an
50.00
animal by a street. sidewalk alley, or public place or in
such a manner that the animal may enter a street alley,
or public place, except as permitted under KMC
3.05.080. (1s' offense)
33
KMC 3.10.050
No Person may tie stake or otherwise confine an
100.00
animal by a street, sidewalk alley, or Public place or in
such a manner that the animal may enter a street alley,
or Public place, except as permitted under KMC
3.05.080. (2nd offense)
34
KMC 3.10.050
No person may tie, stake, or otherwise confine an
UP TO
500.00
animal by a street sidewalk alley, or Public place or in
such a manner that the animal may enter a street alley,
or public place, except as Permitted under KMC
3.05.080. (3rd offense)
35
KMC 3.10.070
No Person shall keep or maintain livestock (1s' offense)
50.00
36
KMC 3.10.070
No person shall keep or maintain livestock 2nd offense
100.00
KMC 3.10.070
No person shall keep or maintain livestock (3r° offense)
UP TO
500.00
(22L
KMC 3.10.080
Failure to properly dispose of dog waste
50.00
38
KMC 3.15.010
No person may operate a kennel facility without a
50.00
license (1s' offense)
39
KMC 3.15.010
No person may operate a kennel facility without a
100.00
license (2nd offense)
40
KMC 3.15.010
No person may operate a kennel facility without a
UP TO
500.00
license (3r° offense)
41
KMC 3.15.050(a)
Standards for ooerating facilities (1s' offense)
50.00
42
KMC 3.15.050(a)
Standards for operating facilities (2"d offense)
100.00
[23]43
KMC 3.15.050(a)
Standards for operating facilities (3rd offense)
UP TO
[500]500.00
[21144
KMC 3.20.010
Failure to license a dog. (1s' offense)
[25.00]
50.00
45
KMC 3.20.010
Failure to license a dog (2nd offense)
100.00
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Ordinance No. 3180-2021
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Section 3. Severability: That if any part or provision of this ordinance or application thereof to
any person or circumstances is adjudged invalid by any court of competent jurisdiction, such
judgment shall be confined in its operation to the part, provision, or application directly involved
in all controversy in which this judgment shall have been rendered, and shall not affect or impair
the validity of the remainder of this title or application thereof to other persons or circumstances.
The City Council hereby declares that it would have enacted the remainder of this ordinance even
without such part, provision, or application.
Section 4. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect
30 days after enactment.
ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 3rd day of February, 2021.
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CITE
RULEIOFFENSE
FINE
46
KMC 3.20.010
Failure to license a dog (3rd offense)
UP TO
500.00
PARKING
[24L
KMC 13.10.060
Camping on private property
50.00
[251,V8
KMC 13.30.030
Night parking prohibited
50.00
[26]49
KMC 13.30.035
Paid parking
50.00
[27]50
KMC 13.30.095
Parking prohibited on Kenai Avenue
50.00
[281L1
KMC 18.35.010
Overnight camping
50.00
[29]52
AR 6.05.010-030
Parking at airport (1 at offense)
25.00
[30L
AR 6.05.010-030
Parking at airport (2nd offense)
50.00
ABANDONED / JUNK VEHICLES / LITTERING
[31L
KMC 12.20.010
Deposit of refuse (littering)
500.00
[32]55
KMC 12.20.010
No fish, fish carcasses, fish parts or offal may be
deposited in dumpsters or receptacles unless marked
specifically to allow for fish or fish parts.
150.00
[33]56
KMC 12.25.020
Abandonment of vehicle
100.00
[34 57
KMC 12.25.030
Junk vehicle
100.00
OFFENSES AGAINST PROPERTY
[35158
KMC 13.20.030
Protection of North and South Shore No physical
damage
150.00
[36 599
KMC 13.20.030
Protection of North and South Shore—Physical damage
500.00
[37]60
KMC 13.20.035
Burning of pallets and other wood materials containing
metal fasteners
50.00
Section 3. Severability: That if any part or provision of this ordinance or application thereof to
any person or circumstances is adjudged invalid by any court of competent jurisdiction, such
judgment shall be confined in its operation to the part, provision, or application directly involved
in all controversy in which this judgment shall have been rendered, and shall not affect or impair
the validity of the remainder of this title or application thereof to other persons or circumstances.
The City Council hereby declares that it would have enacted the remainder of this ordinance even
without such part, provision, or application.
Section 4. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect
30 days after enactment.
ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 3rd day of February, 2021.
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Ordinance No. 3180-2021
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ATTEST:
Jamie Heinz,
BRIAN GABRIEL SR., MAYOR
FK N
Introduced: January 20, 2021
Enacted: February 3, 2021
Effective: March 5, 2021
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K I N A
City of Kenai 1 210 Fidalgo Ave. Kenai, AK 99611-7794 1907.283.7535 1 www.6nai.city
MEMORANDUM
TO: Mayor Gabriel and Council Members
FROM: Scott Bloom, City Attorney
DATE: January 7, 2021
SUBJECT: Ordinance 3180-2021 —Animal Control
The purpose of this ordinance is to incorporate existing mandatory court appearances into the
fine schedule, establish progressive fines for multiple offenses, provide a citation process for
animal control officer to address livestock, and make other housekeeping changes.
Removing mandatory appearances for first time violations to progressive fines will provide Animal
Control Officers with an opportunity to work with and educate animal owners. The first violation
fine will be $50.00, the second violation fine within a rolling calendar year will be $100.00. A third
violation within that rolling calendar year would then progress to a mandatory court appearance
and up to a $500.00 fine. Cruelty to animal violations will remain a first time mandatory court
appearance.
The progressive fines will also apply to livestock within city limits. Animal Control having both
management and authority to assess fines for violations regarding livestock will provide clarity to
the public and make enforcement less burdensome.
A non-sterlized dog license is $30.60, costing more than the $25.00 fine for an unlicensed dog.
Changing the fine to a progressive fine beginning at $ 50.00 will eliminate the owners paying the
fine and in lieu of licensing the dog.
The update of KMC 13.10.015 Minor Offense Schedule will incorporate these changes and
housekeeping corrections from prior schedule modifications.
Your consideration is appreciated