HomeMy WebLinkAboutOrdinance No. 2654-2012AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, REPEALING
KENAI MUNICIPAL CODE CHAPTER 5.40, PAWNBROKERS, WHICH PROVIDES
LICENSING AND REGULATORY REQUIREMENTS ON PAWNBROKERS WITHIN THE
CITY
WHEREAS, on March 5, 2008 the City Council enacted Ordinance No. 2669 -2007
enacting Chapter 5.40 of the Kenai Municipal Code establishing a licensing procedure
for pawnbrokers and regulating pawnbroker businesses within the City; and,
WHEREAS, since that time the State of Alaska passed legislation, Chapter 8, Article 2,
Licensing and Regulation of Pawn Brokers, AS 08.76. 100 et. seq., effective July 1,
2011 and 12 AAC 76.300 et. seq. which provide a statutory and regulatory scheme for
licensing and regulating pawnbrokers; and,
WHEREAS, Alaska Statute 8.76.460, Municipal Regulation, specifically limits
municipal regulation of pawnbrokers and voids ordinances that conflict with its
limitations; and,
WHEREAS, at least part of Kenai Municipal Code Chapter 5.40 conflicts with the
limitations on municipal ordinances as provided in AS 8.76.460, and,
WHEREAS, repealing Kenai Municipal Code Chapter 5.40 will remove any conflicts
between Kenai Municipal Code Chapter 5.40 and AS 08.76.100 et. seq. and
pawnbrokers will remain regulated by state law.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, that:
Section 1. Form: this is a code ordinance.
Section 2. That Kenai Municipal Code Chapter 5.40 is hereby repealed.
Section 3. That this ordinance shall take effect one month after adoption.
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Ordinance No. 2654 -2012
Page 2 of 2
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 21 st day of
November, 2012. /
�_
PAT PORTER, MAYOR
ATTEST:
Sandra'Modigh, City Clerk
Introduced: November 7, 2012
Adopted: November 21, 2012
Effective: December 21, 2012
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"Villa ye with a Past, C# witha Future'
210 Fidalgo Avenue, Kenai, Alaska 99611 -7794
Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014
On March 5, 2008 the City Council enacted Ordinance No. 2669 -2007 enacting Chapter
5.40 of the Kenai Municipal Code establishing a licensing procedure for pawnbrokers
and regulating pawnbrokers' business. Since that time the State of Alaska passed
legislation, Chapter 8, Article 2, Licensing and Regulation of Pawn Brokers, AS
08.76.100 et. seq., effective July 1, 2011 and 12 ARC 76.300 et. seq. which provide a
statutory and regulatory scheme for licensing and regulating pawnbrokers. Alaska
Statute 8.76.460, Municipal Regulation, specifically limits municipal regulation of
pawnbrokers and voids ordinances that conflict with its limitations. Specifically, KMC
Chapter 5.40 impennissibly conflicts with the hours of operation allowed under state law
and likely the process for police interaction with pawnbrokers.
It is the recommendation of Kenai City Police Chief, Gus Sandahl, that KMC Chapter
5.40 be repealed. Other options include rewriting the offending parts of KMC Chapter
5.40 and readopting the code provisions, or adopting parts of the state statutes as the
City's own. Since state law now provides for uniform licensing and regulation of
pawnbrokers throughout the state, I recommend repealing KMC Chapter 5.40 as well,
unless there is good reason for the City to regulate pawnbrokers locally.
I spoke with Nathan Vallier of the State Division of Corporations, Business and
Licensing and he informed me that he believed that the City of Kenai and the
Municipality of Anchorage were the only two municipalities with ordinances regulating
pawnbrokers still on the books. The City of Fairbanks repealed its regulations of
pawnbrokers effective July 1, 2011. It is my understanding that there currently are no
pawnbrokers within Kenai City Limits.
Your consideration is appreciated.
L:ACouncil \MemoAPawnBrokers 103012