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HomeMy WebLinkAboutOrdinance No. 2797-2014Sponsored by: Administration CITY OF KENAI ORDINANCE NO. 2797 -2014 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING THE CODE VIOLATION FINE SCHEDULE IN KMC 13.10.015 TO INCLUDE A STANDARD FINE FOR VIOLATIONS OF KMC 13.30.030 -NIGHT PARKING PROHIBITED. WHEREAS, KMC 13.30.030 prohibits leaving any vehicle unattended on any city street between the hours of 4 a.m. and 8 a.m. after October 1 and until May 1 each year to allow for safe snow plowing operations; and, WHEREAS, under KMC 13.05. 10 the maximum penalty for violating KMC 13.30.030 is $500.00; and, WHEREAS, a standard fine in the amount of $50.00 is recommended by the Police Chief for violations of KMC 13.30.030 and is fair and reasonable; and, WHEREAS, establishing a standard fine eliminates the need for a mandatory arraignment and saves administrative and public resources. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that Section 1. Form: That this is a code ordinance. Section 2. Amendment of Section 13.10.015 of the Kenai Municipal Code: That Kenai Municipal Code, Section 13.10.015 -Minor offenses amendable to disposition without court appearance by payment of a fine, is hereby amended as follows: 13.10.015 Minor offenses amendable to disposition without court appearance by payment of a fine. In accordance with AS 28.05.151, a citation issued for violation of any of the following sections of this title shall be subject to disposition with payment of a fine in lieu of a court appearance or as otherwise prescribed. Violations committed within highway work zones shall be subject to double the fine amount indicated. New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 2797 -2014 Page 2 of 4 CODE VIOLATION FINE SCHEDULE New Text Underlined; [DELETED TEXT BRACKETED] CITE RULE /OFFENSE FINE RULES OF ROAD 1 13 AAC 02.050(x) Driving on right required $ 75.00 2 13 AAC 02.050(b) Slower traffic to keep right 75.00 3 13 AAC 02.055(a) Overtaking on right 150.00 4 13 AAC 02.060(e) Restrictions on driving left of center 150.00 5 13 AAC 02.065(a) Overtaking on left 150.00 6 13 AAC 02.070 Passing vehicle proceeding in opposite direction 100.00 7 13 AAC 02.075(b) No passing zone 150.00 8 13 AAC 02.090 Following too closely 100.00 9 13 AAC 02.080(b -c) Wrong way on one -way street 150.00 10 13 AAC 02.085(a) Driving on roadways land for traffic / Improper lane change 75.00 11 13 AAC 02.095(a) Vehicles restricted from controlled access roadway 100.00 12 13 AAC 02.095(c) Controlled access roadway, entering or exiting 75.00 13 13 AAC 02.545(b) Driver to exercise due care 150.00 14 AS 28.35.41 0(a) Negligent driving 300.00 RIGHT- OF-WAY 15 13 AAC 02.010(a)(3)(A) Failure to stop for steady red traffic signal $150.00 16 13 AAC 02.120(a) Vehicle approaching intersection 90.00 17 13 AAC 02.125 Vehicle turning Icft 150.00 18 13 AAC 02.130(6) Failure to obey stop signs 100.00 19 13 AAC 02.130(b -c) Failure to yield after stopping or at yield sign 150.00 20 13 AAC 02.135(b) Stop and yield from private road or driveway 100.00 21 13 AAC 02.140(a -b) Failure to yield to emergency vehicle 150.00 PEDESTRIAN RIGHTS AND DUTIES 22 13 AAC 02.150 Pedestrian to obey control devices and regulations $ 40.00 23 13 AAC 02.155(a) Driver to yield to pedestrian in crosswalk 100.00 24 13 AAC 02.155(6) Pedestrians to use due care 50.00 25 13 AAC 02.155(c) Driver not to pass vehicle stopped for pedestrian 75.00 26 13 AAC 02.155(d) Pedestrians to use right half of crosswalk 25.00 27 13 AAC 02.155(e) Driving through safety zone 75.00 28 1' 3 AAC 02.160(a -0 Pedestrian crossing not in crosswalk to yield 40.00 29 13 AAC 02.160(e) Prohibited pedestrian crossing 40.00 30 13 AAC 02.160(d) Pedestrian crossing at other than right angle 25.00 New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 2797 -2014 Page 3 of 4 31 13 AAC 02.175 Illegal walking on roadway 40.00 32 13 AAC 02.180 Pedestrians soliciting rides or business 50.00 33 13 AAC 02.190 Driver to yield right -of -way to blind pedestrians 150.00 TURNING AND STARTING 34 13 AAC 02.200(a -c) Turning movement prohibited or restricted $75.00 35 13 AAC 02.205(a -b) Improper U -turn 75.00 36 13 AAC 02.210 Improper start from parked position 75.00 37 13 AAC 02.215(a -f) Turning movements attd required signals 75.00 SPECIAL STOPS REQUIRED 38 13 AAC 02.257 Emerging from alley, driveway or building $100.00 39 13 AAC 02.265 Stop required when traffic obstructed 75.00 40 13 AAC 02.325(e) Overtaking and passing school bus 3 -19 over $ 8.00 per mile 41 20 or more over 12.00 per mile SPEED RESTRICTIONS 42 13 AAC 02.275(a) Safe speed under certain hazardous conditions (BASIC SPEED) $90.00 43 13 AAC 02.275(b) Speed violations - Designated limits 3 -19 over 8.00 per mile 44 20 or more over 12.00 per mile 45 13 AAC 02.280(a -d) Speed violations- Altered limits 3 -19 over 8.00 per mile 46 20 or more over 12.00 per mile 47 Minimum speed violation; impeding traffic 60.00 48 13 AAC 02.325(d) Speed violations - School zones 3 -9 over 12.00 per mile 49 10 -19 over 14.00 per mile 50 20 or more over 16.00 per mile OFF -ROAD VEHICLES 51 KMC 13.40.020(a -0 Off -road vehicle operation $100.00 52 KMC 13.40 030 Special stops required 90.00 53 KMC 13.40 -050 Helmet required 100.00 54 KMC 1390.080 Operating vehicle in a prohibited area 100.00 ANIMALS 55 KMC 3.10.010 Interference with peace or privacy (1st offense) $ 50.00 56 KMC 3. 10.010 Interference with peace or privacy (2nd offense) 100.00 57 KMC 3.10.020(a, b and d) Control and confinement of animals (1st offense) 50.00 58 KMC 3.10.020(x, b and d) Control and confinement of animals (2nd offense) 100.00 59 KMC 3.20.0 10 Failure to license a dog 25.00 60 KMC 110.080 Failure to properly dispose of dog waste 50.00 PARKING New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 2797 -2014 Page 4 of 4 61 KMC 13.10.060 Camping on private property $50.00 62 KMC 13.30.030 Night Parking Prohibited 50.00 6[2]3 KMC 13.30.035 Paid parking 50.00 6[3]4 KMC 13.30.095 Parking prohibited on Kenai Avenue 50.00 6[4]5 KMC 18.35.010 Overnight camping 50.00 6[5]6 13 AAC 02340 Parking, stopping on highway 50.00 6[6]7 AR 6.05.010 -030 Parking at Airport First offense 25.00 6[7]8 Second offense 50.00 ABANDONED / JUNK VEHICLES / LITTERING 6[8]9 KMC 12.20.010 Deposit of refuse (littering) See KMC 12.20.010 for applicable fine amount $500.00 or $150.00 [69]70 KMC 12.25.020 Abandonment of vehicle 100.00 7[0] 1 KMC 12.25.030 Junk vehicle 100.00 7[1]2 KMC 1120.030 Protection of North and South Shore —No physical damage 150.00 7[2]3 KMC 1 3 Protection of North and South Shore — Physical damage 500.00 7[3]4 Any offense under Title 13 of the Alaska Administrative Code which has been incorporated by reference under KMC 1330.010 and is not listed on this fine schedule shall have a fine amount as provided by the State in Administrative Rule 43.1. 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 ALAS P, this 5th day of November, 2014. N�k PAT IYORTER, MAYOR ATT T: AA SandkaAlodigh, City Clerk Introduced: October 15, 2014 Adopted: November 5, 2014 Effective: December 5, 2014 New Text Underlined; [DELETED TEXT BRACKETED]