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HomeMy WebLinkAboutOrdinance No. 3355-2023K Ff<:al CITY OF KENAI ORDINANCE NO. 3355-2023 Sponsored by: Legal AN ORDINANCE AMENDING KMC 13.10.015-MINOR OFFENSE FINE SCHEDULE, TO INCORPORATE PRIOR AMENDMENTS TO KMC 13.30.030- STREET PARKING PROHIBITIONS, AND THE REPEAL OF KMC 13.30.095- PARKING PROHIBITED ON KENAI AVENUE. WHEREAS, Ordinance 3321-2022 (Substitute) amended certain provisions of City Code related to on - street parking to allow greater flexibility in the regulation of parking in the City; and, WHEREAS, it is in the best interest of the City to amend KMC 13.10.015- Minor offense fine schedule, to incorporate these changes; and, WHEREAS, the amendments to KMC 13.10-015 will not result in any monetary changes to the fine amounts. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, AS FOLLOWS: Section 1. Amendment of Section 13.10.015 of 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. New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 3355-2023 Page 2 of 9 MINOR OFFENSE FINE SCHEDULE 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. 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 New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 3355-2023 Page 3of9 CITE RULE/OFFENSE FINE 10 KMC 3.10.010 No person may permit an animal which he owns to 50.00 interfere with another person's reasonable right to peace or privacy by making repeated or continued noise. (1 st offense) 11 KMC 3.10.010 No person may permit an animal which he owns 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 right to 500.00 peace 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 st offense) 14 KMC 3.10.020(a; A person who owns a dog shall keep the dog under 100.00 restraint at all times. (2nd offense) 15 KMC 3.10.020[a1 A person who owns a dog shall keep the dog under Up to restraint at all times. (3rd offense) 500.00 16 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. (1 st offense) 17 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. (2nd offense) 18 KMC `' A person who owns an animal other than a dog that is Up to capable of annoying or endangering other persons or 500.00 damaging their property shall keep the animal under restraint at all times. (3rd offense) New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 3355-2023 Page 4 of 9 CITE RULE/OFFENSE FINE 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 harm or injury to another person or animal unless the animal is on the private property of the owner. 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. (1 st offense) 21 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. (3rd offense) 23 KMC 3.10.020[e1 A person who owns a female dog or cat in heat or 50.00 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. (1 st offense) 24 KMC 3.10.020(e) A person who owns a female dog or cat in heat or 100.00 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 New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 3355-2023 Page 5 of 9 CITE RULE/OFFENSE FINE 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. (2nd offense) 25 KMC 3.10.020(e) A person who owns a female dog or cat in heat or Up to during ovulation shall keep the dog or cat under 500.00 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. (3rd offense) 26 KMC 3.10.020(f) No person other than an officer performing his duties 50.00 under this title may release an animal from restraint without its owner's consent, except to preserve the animal's life. (1 st offense) 27 KMC 3.10.020(f) No person other than an officer performing his duties 100.00 under this title may release an animal from restraint without its owner's consent, except to preserve the animal's life. (2nd offense) 28 KMC 3.10.020(f) No person other than an officer performing their duties Up to under this title may release an animal from restraint 500.00 without its owner's consent, except to preserve the animal's life. (3rd 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. (1 st 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 adjacent thereto, in a clean and New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 3355-2023 Page 6 of 9 CITE RULE/OFFENSE FINE sanitary condition and free from objectionable odor. (2nd offense) 31 KMC 3.10.030 A person who owns an animal shall maintain all Up to structures, pens, and yards where the person keeps the 500.00 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. (1 st 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 animal by a street, sidewalk, alley, or public place, or in 500.00 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. (1 st offense) 50.00 36 KMC 3,10,070 No person shall keep or maintain livestock. (2nd 100.00 offense) 37 KMC 3.10.070 No person shall keep or maintain livestock. (3rd Up to offense) 500.00 38 KMC 3.10.080 Failure to properly dispose of dog waste. 50.00 New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 3355-2023 Page 7 of 9 CITE RULE/OFFENSE FINE 39 KMC 3.15.010 No person may operate a kennel facility without a license. (1 st offense) 50.00 40 KMC 3.15.010 No person may operate a kennel facility without a license. (2nd offense) 100.00 41 KMC 3 1. 5.010 No person may operate a kennel facility without a license. (3rd offense) Up to 500.00 42 KMC 3.15.050(a) Standards for operating facilities. (1 st offense) 50.00 43 KMC 3.15.050(a) Standards for operating facilities. (2nd offense) 100.00 44 KMC 3.15.050(a) Standards for operating facilities. (3rd offense) Up to 500.00 45 KMC 3.20.010 Failure to license a dog. (1 st offense) 50.00 46 KMC 3.20.010 Failure to license a dog. (2nd offense) 100.00 47 KMC 3.20.010 Failure to license a dog. (3rd offense) Up to 500.00 PARKING 48 KMC i j. i u.ut% Camping on private property. 50.00 49 KMC 13.30.030 [NIGHT PARKING PROHIBITED] Street Parking, Prohibitions. 50.00 50 KMC 13,30.035 Paid parking. 50.00 51 [KMC 13.30.0951 [PARKING PROHIBITED ON KENAI AVENUE] [50.001 52 KMC 18.- 910 Overnight camping. 50.00 53 AR 6.05.010-030 Parking at airport. (1 st offense) 25.00 New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 3355-2023 Page 8 of 9 CITE RULE/OFFENSE FINE 54 AR 6.05.010-030 Parking at airport. (2nd offense) 50.00 ABANDONED / JUNK VEHICLES / LITTERING 55 KMC-IL20,010 Deposit of refuse (littering). 500.00 56 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 57 KMC 12.25.020 Abandonment of vehicle. 100.00 58 KMC 12.25.030 junk vehicle. 100.00 OFFENSES AGAINST PROPERTY 59 KMC 13,20.030 Protection of North and South Shore —No physical damage. 150.00 60 KMC 13,20.030 Protection of North and South Shore —Physical damage. 500.00 61 KMC 13,20.035 Burning of pallets and other wood materials containing metal fasteners. 50.00 Section 2. 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 3. 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 7T" DAY OF JUNE, 2023. 'J' 'Sd�� L' New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 3355-2023 Page 9 of 9 A T: Michelle . S r, MC, City Clerk Brian Gabriel Sr., Mayor Introduced: Enacted: Effective: New Text Underlined; [DELETED TEXT BRACKETED] May 17, 2023 June 7, 2023 July 7, 2023 KrNA; ...enai 1 210 Fidalgo Ave, Kenai, AK 99611-7794 1 907.283.7535 1 wwwkenai.city MEMORANDUM TO: Mayor Gabriel and Council Members FROM: Scott Bloom, City Attorney DATE: May 4, 2023 SUBJECT: Ordinance 3355-2023 - Parking Ordinance 3321-2022 (Substitute) amended the City's on street parking prohibitions to allow greater flexibility in regulating on street parking. These changes necessitate a change to the City's Minor Offense Fine Schedule to enable successful prosecution of violations of on street parking prohibitions. This is primarily a house keeping change that does not result in any change to the fine amounts. The applicable changes are in sections 49 and 51 of the fine schedule, amending the reference in section 49 and removing the reference in section 51 to correspond with the previous changes in code. Your consideration is appreciated.