HomeMy WebLinkAboutOrdinance No. 2722-2013Suggested by: Legal Department
CITY OF KENAI
ORDINANCE NO. 2722 -2013
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING
KENAI MUNICIPAL CODE SECTION 1.75.020, BAD CHECK SERVICE CHARGES, TO
ELIMINATE REFERENCES TO STATE STATUTES.
WHEREAS, Kenai Municipal Code 1.75.020, Bad check service charges, makes
reference in subsection (b) to AS 09.65.115; and,
WHEREAS, Alaska Statute 09.65.115 no longer exists, and has been replaced with AS
09.68.115; and,
WHEREAS, in order to eliminate future inconsistencies when state statutes change, it
is generally preferred to make more general references to state statutes when
necessary, so that City code does not continuously need to be amended.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA:
Section 1. Form: That this is a Code ordinance.
Section 2. Amendment of Section 1.75.020 of the Kenai Municipal Code: That Kenai
Municipal Code, Section 1.75.020, Bad check service charges, is hereby amended as
follows:
1.75.020 Bad check service charges.
(a) Any person who issues a check to the City of Kenai that is dishonored may be
subject to a twenty dollar ($20.00) service charge if written demand for payment of the
check and service charge is made.
(b) This ordinance does not limit the City's right to recover civil damages as
provided for in [AS 09.65.115] state law, in the event payment of the dishonored check
is not tendered.
(c) In this ordinance "check" [HAS THE MEANING GIVEN IN AS 11.46.280;] means
postdated check or a promissory note. "[DlDishonored" means the nonpayment of a
check because of (1) lack of funds; (2) closure or non - existence of an account; or, (3) a
stop payment order issued without cause. "Written demand" means a written notice to
the user of a check personally delivered or sent by first class mail to the address
shown on the dishonored check, advising the issuer that the check has been
dishonored and explaining the service charges set out in this section. If no address
appears on the check, then demand shall be sent to the person's last address
ascertainable.
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Ordinance No. 2722 -2013
Page 2 of 2
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 adoption.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 2nd day of
October, 2013.
ATT ST:
V
Sand a odig , City b4rk
PORTER, PAT MAYOR
Introduced: September 18, 2013
Adopted: October 2, 2013
Effective: November 2, 2013
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`Villaye with a Past, C# with a Future"
210 Fidalgo Avenue, Kenai, Alaska 99611 -7794
Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014
MEMORANDUM
TO: Mayor P e nd Council Members
FROM: Scott Bl City Attorney
DATE: September 12, 2013
SUBJECT: Ordinance No. 2722 -2013, Bad Check Service Charges
Upon working with KMC 1.75.020, Bad check service charges, it was discovered by the
Legal Department that this section of code contained a reference in subsection (b) to a
state statute that no longer exists. This ordinance is primarily a housekeeping ordinance
to address this issue. However, as opposed to correcting the reference to the correct state
statute, it is recommended that the ordinance merely reference state law generally, so that
the City does not necessarily need to amend its code each time state law is amended.
Consistent with this practice, in subsection (c) of the proposed amended code section, the
ordinance adopts the actual definition provided for "check" in state law, as opposed to
referencing the definition by specific State Statute.
Thank you for your consideration.
YAOrdinances & Resolutions \Ordinances \Ordinance No. 2722 - 2013 Bad Check SC Memo 091113.docx