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Home My WebLink AboutOrdinance No. 3414-2024KENAI CITY OF KENAI ORDINANCE NO. 3414-2024 Sponsored by: Administration AN ORDINANCE REPEALING KENAI MUNICIPAL CODE SECTIONS 13.10.010(A)(2) - MISCELLANEOUS OFFENSES, 13.10.020 - LOITERING AND SLEEPING ON THE STREETS, SCHOOLS, AND 13.10.030 - CURFEW, TO REMOVE CERTAIN CITY PROHIBITIONS REGARDING BEGGING, LOITERING AND SLEEPING, AND CURFEWS IN THE CITY THAT ARE NOT ENFORCEABLE AS SPECIFICALLY WRITTEN IN CODE. WHEREAS, the City has broad prohibitions against begging, loitering and sleeping, and curfews that are no longer enforced by the City and do not entirely comply with modern law; and, WHEREAS, it is in the best interest of the City to repeal these code sections that are not enforced; and, WHEREAS, repealing these sections of City Code will not impair the City Police Department's ability to protect public safety; and, WHEREAS, if the need exists, the City may enact future more narrowly tailored prohibitions against certain conduct. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, AS FOLLOWS: Section 1. Repeal of Sub -Section 13.10.010(a)�2) of Kenai Municipal Code: That Kenai Municipal Code, Sub -Section 13. 10.01 0(a)(2) Miscellaneous Offenses, is hereby repealed as follows: 13.10.010 Miscellaneous Offenses. (a) It shall be unlawful for any person to: (1) Solicit or seek the aid of a person for the purpose of committing or assisting to commit any unlawful act[;]. [(2) BEG IN ANY STREET, ALLEY, PLACE OF BUSINESS, OR OTHER PUBLIC PLACE.] Section 2. Repeal of Section 13.10.020 of Kenai Municipal Code: That Kenai Municipal Code, Section 13.10.020-Loitering and Sleeping on the Streets, School, is hereby repealed in its entirety as *follows: [13.10.020 LOITERING AND SLEEPING ON THE STREETS, SCHOOLS. (A) IT IS UNLAWFUL FOR ANY PERSON, WITHOUT LAWFUL REASON, BETWEEN THE HOURS OF 12:00 MIDNIGHT AND SUNRISE, TO LOITER OR WANDER AIMLESSLY- WITHIN THE CITY ON THE STREETS, IN OTHER PUBLIC PLACES OR ON PROPERTY OF ANOTHER; OR AT ANY TIME TO SLEEP ON ANY STREET, IN ANY OTHER PUBLIC PLACE OR ON ANY PROPERTY OF ANOTHER WITHOUT THE EXPRESSED OR TACIT CONSENT OF THE OWNER OR PERSON IN CHARGE OF SUCH PLACE. (B) IT IS UNLAWFUL FOR A PERSON TO LOITER ON OR ABOUT THE PREMISES OF A PUBLIC OR PRIVATE SCHOOL, PUBLIC BUILDING, PROPERTY OF A PUBLIC CARRIER, OR DOCKS AND WHARVES.] Section 3. Repeal of Section 13.10.030 of Kenai Municipal Code: That Kenai Municipal Code, Section 13.10.030-Curfew, is hereby repealed in its entirety as follows: New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 3414-2024 Page 2 of 2 [13.10.030 CURFEW. (A) NO PERSON UNDER SIXTEEN (16) YEARS OF AGE SHALL BE UPON OR IN A STREET, ALLEY, PUBLIC BUILDING, PLACE OF AMUSEMENT AND ENTERTAINMENT, VACANT LOT, OR OTHER UNSUPERVISED PLACE, BETWEEN THE HOURS OF 10:00 P.M. DURING SCHOOL TERM OR 11:00 P.M. AT OTHER TIMES, AND 5:00 A.M. OF ANY DAY, UNLESS SUCH PERSON SHALL BE ACCOMPANIED BY AND IN THE CHARGE OF HIS PARENT OR OTHER COMPETENT AND ADULT PERSON, OR BE UPON AN EMERGENCY ERRAND OR LEGITIMATE BUSINESS DIRECTED BY HIS PARENT, GUARDIAN, OR OTHER ADULT PERSON HAVING THE CARE AND CUSTODY OF THE MINOR. (B) NO PARENT, GUARDIAN, OR OTHER PERSON HAVING THE CUSTODY AND CONTROL OF CHILDREN UNDER THE AGE OF SIXTEEN (16) YEARS SHALL ALLOW SUCH CHILD TO GO OR BE UPON OR IN ANY STREET, OR OTHER PLACES AS LISTED IN THIS SECTION, BETWEEN THE HOURS OF 10:00 P.M. DURING THE SCHOOL TERM OR 11:00 P.M. AT OTHER TIMES, AND 5:00 A.M. OF ANY DAY, UNLESS SUCH CHILD SHALL BE ACCOMPANIED BY HIS PARENT OR OTHER COMPETENT AND ADULT PERSON OR IS UPON AN EMERGENCY ERRAND OR LEGITIMATE BUSINESS DIRECTED BY HIS PARENT, GUARDIAN, OR OTHER ADULT PERSON HAVING THE CARE AND CUSTODY OF THE MINOR. IN ANY PROSECUTION FOR THE VIOLATION OF ANY PROVISION OF THIS SECTION, THE PRESENCE OF ANY PERSON UNDER SIXTEEN (16) YEARS OF AGE, NOT ATTENDED AS HEREIN REQUIRED, UPON ANY OF THE PUBLIC STREETS OR OTHER PLACES AS LISTED IN THIS SECTION SHALL BE DEEMED PRIMA FACIE EVIDENCE OF THE GUILT OF SUCH PARENTAND OF THE VIOLATION OF THE PROVISIONS HEREOF.] Section 4. 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 5. 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 15T" DAY OF MAY, 2024. ATTEST: Michell er, MC, City Clerk �2� e�2 *— Brian Gabriel Sr., Mayor Introduced: May 1, 2024 Enacted: May 15, 2024 Effective: June 14, 2024 New Text Underlined; [DELETED TEXT BRACKETED] • K_k:NA� City of Kenai 1210 Fidalgo Ave, Kenai, AK 99611-7794 1907.283.75351 www.kenai.city MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Terry Eubank, City Manager FROM: David Ross — Police Chief DATE: April 8, 2024 SUBJECT: Ordinance No. 3414-2024 — An Ordinance Repealing Kenai Municipal Code Sections 13.10.010(A)(2) -Miscellaneous Offenses, 13.10.020 - Loitering and Sleeping on The Streets, Schools, and 13.10.030 - Curfew, To Remove Certain City Prohibitions Regarding Begging, Loitering and Sleeping, And Curfews in The City That Are Not Enforceable as Specifically Written in Code. This memo supports the removal of the following Sections from Chapter 13-Offenses and Penalties, of the Kenai Municipal Code. 1) Remove Section 13.10.010(a)(2). This section deals will "begging." 2) Remove Section 13.10.020. This section deals with "loitering and sleeping." 3) Remove Section 13.10.030. This section deals with "Curfew" These sections of Code are out of date, not generally enforceable as they are currently written, and in fact, could be enforced in a manner that violates the rights of individuals. The Police Department has not issued citations for any of these offenses in recent history. Case law that impacts the enforcement of these regulations has evolved since these portions of Code were written. For example, "begging" or asking for help, itself is no longer speech or conduct that can be prohibited on its own. Enforceable laws in this regard focus on specific conduct that threatens public safety or the impairment of rights of others. Likewise, the City code currently prohibits loitering, wandering aimlessly at night and sleeping in public. No definition of loitering is provided. Sleeping in public has been a hot topic in the gt' Circuit Federal Court of Appeals recently, and certain other municipal prohibitions are currently under review by the U.S. Supreme Court, but under current applicable federal decisions our prohibition is not enforceable. The prohibitions under existing City code are overly broad. Likewise, while curfews may be allowed in municipalities under certain conditions, our prohibition does not contain necessary findings and conditions to be enforceable. While this ordinance would eliminate the specified sections of Code it does not change the Police Department's ability to enforce State Laws and address illegal conduct as it currently does. Rather than undertake a process to rewrite these code sections, it is recommended at this time that they be repealed, and re-enacted at a later time should the need arise. Thank you for your consideration. Page 2 of 2 The City of Kenai www.kenai.city