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HomeMy WebLinkAboutOrd2016-008 Sponsored by: Earnhart Introduction: September 26, 2016 Public Hearing: October 10, 2016 Enactment: October 10, 2016 CITY OF SEWARD,ALASKA ORDINANCE 2016-008 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AMENDING AND REVISING TITLE 10, PUBLIC PEACE, MORALS AND WELFARE,TO CONFORM WITH MODERN PRACTICE AND LAW WHEREAS, most of Title 10 was originally adopted in 1971 and is grossly out of date; and WHEREAS, several of the existing provisions in Title 10 are unconstitutionally vague; and WHEREAS, other provisions are duplicative of parts of Title 9; and WHEREAS, most of the criminal provisions in Title 10 are duplicative of Alaska State law, and in some cases Federal law; and WHEREAS, it is the practice of the City of Seward to enforce State law where applicable. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, HEREBY ORDAINS that: Section 1. Seward City Code Section 10.01 through 10.30 are amended as follows: (Deletions are Bold Strip; Additions are Bold/Underline/Italics) TITLE 10-PUBLIC PEACE,MORALS AND WELFARE Chapter 10.01. - General Provisions 10.01.010. -Definitions; conformance with state law. Unless otherwise defined in this title, or where a definition in this title conflicts with the laws of the state for the same offense, the definition of the offense contained in the laws of the state, as interpreted by the courts of the state, shall govern the provisions of this title. (Ord 378, 1971; Ord. 610, 1988) 1 1 1 1 • es (a) The purpose of this section is to: (1) Promote the general welfare and protect the general public through the reduction of juvenile violence and crime within the city; (2) Promote the safety and well being of the city's youngest citizens, persons under the age of 18, whose inexperience renders them particularly vulnerable to becoming participants in unlawful activities, particularly unlawful drug activities, and to being victimized by older perpetrators of crime; and (3) Foster and strengthen parental responsibility for children. (b) Definitions. As used within this section 10.05.010, t-- _ . : .. . . - Curfew hours means the hours of 12:01 a.m. through 5:00 a.m. on any day of the week. Emergency means unforeseen circumstances, or the status or condition resulting entertainment. With respect to such establishment, the term "operator" shall mean any person, and any firm, association, partnership (and the members or partners thereof) and/or any i - Minor means any person under 18 years of age who has not had the disabilities of minority removed by court order pursuant to AS 09.55.590. Officer means a police or other law enforcement officer charged with the duty of Parent means: (1) A person who is a minor's biological or adoptive parent and who has court order or agreement); (2) A person who is the biological or adoptive parent with whom a minor 111 regularly resides; legal-endy. • -- , • - . : - _, . . •••• _. , _- . , , , . - , .. - : . . (1) To linger or stay at or upon a place; and/or (1) The minor is accompanied by a parent; (2) The minor is involved in an emergency; with-a-Parentt (5) The minor is attending an activity sponsored by a school, religious, or civic . _ , . .. . . . . _ . , . _ • , . . . . . •-• • _ . . ifF-the--Citt-ef-Sewardter • assembly. . le�rve: 0. (h) Enforcement. i a. If such investigation reveals that the presence of such minor is in Y . sem. i. Release the minor to his or her parent(s); ii. Place the minor in a temporary care facility for a period not to retrieve the iii. If a minor refuses to give an officer his or her name and : : :. _ , - . - . _ - . . . . ., .., • , . • ._. ., ... ., . . -- - -• .. . . .. . , (Ord. 99 09) 1 I 1 . :' • - . . .. _ : -• :' ' - . (Ord. 378, 1971) • - .. .. . . ' - • . . • sician to the police or public prosecutor of a • - - -- - . . (Ord. 378, 1971; Ord. 610, 1988) (Ord. 378, 1971) No person shall sell cigarettes or tobacco in any form to children under 18 years of age. (Ord. 378, 1978) . • • • • It shall be unlawful for any person, in the presence of any child, to indulge in any degrading, lewd, immoral or vicious habits or practices, or to be habitually drunk in the presence of any child in his care, custody or control. (Ord. 378, 1971) . I i • . . . . I . • W 10.10.010. rcncral offcnscs (1) Be upon any public street or in any public place in a state of drunkenness or (2) Beg in any street, alley or public place; comfort, repose, health or safety of others, unless the making or continuing of the • _ . •. . . . ., . ., . • . . . . . • - • .. (Ord. 378, 1971; Ord. 610, 1988) • ••••••; . . . • . . -- . . . :;,• •• • • • . . • , - . . (Ord. 378, 1971) I I 1 . . .• - , •. _ . ., . _ . .. . . . '_, activities of any such school; 111 (2) Annoy, disturb, assault or molest any student or employee of any such school (3) Conduct himself in a loud, wanton or lascivious manner in speech or behavior (') Park or move a vehicle in the immediate vicinity of, or on the grounds of, any such school for the purpose of annoying or molesting the students or employees thereof or in an effort to induce, entice or invite students into such vehicles for immoral purpose (see section 11.15.065 for similar provision). (Ord. 378, 1971) i i • . . • . . LES (a) All hotel guests, roomers and lodgers shall register their names and addresses with the person in charge for registering guests. (b) No hotel room shall be occupied jointly by persons of the opposite sex with the intent (c) No person shall, in registering as required in this section, use any name other than his committing an illegal act. (d) For the purpose of this section, hotels shall include all public lodging places, houses, (Ord. 378, 1971) 10.10.030, Discha efwcapons) (a) No person shall discharge any firearm, pellet gun, or crossbow within the city except (b) Hunting with shotguns using a steel shot size no larger than number 2 shall be allowed (c) The use of air rifles, BB guns and long bows is allowed by persons over the age of 16, (Ord. 378, 1971; Ord. 93 27) l . . _-, - :, .. . _. . :, . ... . . :, .. . , (Ord. 378, 1971) (a) No person shall barter, sell, exchange or give away, or set off, fire or explode, or - : - , _ : .. _ , - - , .•- -- , . - , ► , ., the public streets, parks or any other public place. This subsection shall apply to the ., • - . .. • , . ., - - . , . - _ . • . including on the north, Jefferson Street; on the west, Third Avenue; on the East, Fifth • . -; .. . . . , - . - - . . . ... . -, ., - _ . -• • - - - (Ord. 316, 1962; Ord. 545, 1985) II . . . • . . . _ , . . , ,, • • , . . , ,, , . , _ , stagnant-waterrete7121 : _ , - - , . . -•- . _ . , ' . . . . . - -,_ , ., . , . - • - . . •, . . _ , • •, . , - putrid or offensive to be or remain upon his yard, lot or premises or upon any yard, lot or (Ord 378, 1971) 1 1 I . . . . . • No person shall keep, maintain or permit a well, swimming pool or other dangerous excavation (including but not limited to a gravel pit) in the earth uncovered, unprotected, unfenced or otherwise dangerous or unsafe condition within the city. Any covering shall be shall be fully effective at all times, including nigh (Ord. 378, 1971) No person shall engage for hire in the practice or occupation of fortunetelling, mind hire. (Ord. 378, 1971) Chapter 10.15. - Offenses Against Persons and Property1 (1) Maliciously destroy or injure any public property or any private property not hi-s-ewn; (2) Drive a vehicle not his own without the owner's consent; (3) Trespass upon the private property of another without his consent; (1) Steal any property of a value not exceeding $100.00; provided, that the city may, at its option, treat as petit larceny the theft of a sum greater than $100.00; (5) Interfere with, obstruct, mutilate, conceal or tear down any official notice or (6) Spit upon or otherwise mar or litter any hallway, stairway, sidewalk or steps of any public building or place of worship or any public park, public beach, public (7) Willfully obstruct the free passage of or injure or deface public streets, - . • • - , • _ . . . - ; (Ord. 378, 1971; Ord. 382, 1971) 10.15.015. - Disposal of abandoned or stolen property; returning unclaimed property to finder." (a) Property in the possession of the police department. If there is any property in the possession of the police department that has been stolen and is not claimed by the owner within 90 days without the conviction of the person for stealing the property, or if there is any property that has been abandoned and not claimed within ninety days of the date on which the police department took possession thereof, or if property is found and delivered to the police department and ownership is not established within 90 days on which the police department took possession, the police chief shall, if the owner is not known, publish in a newspaper of general circulation in the city once a week for four consecutive weeks, that the property is in possession of the police department, and the property in possession of the police department may be sold at public auction at a time and place dated in the notice, or if the property is money, that it will be paid into the city treasury for deposit into the general fund. If, after notice is given as required herein, the property still remains unclaimed by the owner, if it is money, the chief of police shall pay such money to the city treasurer; except that found money shall be returned to the finder upon request. If it is other property, the chief of police shall have the property sold at public auction; except that found property shall be returned to the finder upon request. All requests of finders regarding return of property shall be made to the chief of police prior to sale at public auction. Any finder who fails to make his request as so provided shall forfeit all right, Title and interest to any found property. Before returning property to a finder or before paying any money to the city treasurer, the chief of police may require compensation of the proportionate cost of publication and sale attributable to the property or money delivered. Provisions of this section shall not apply to property coming into the possession of the police department which the chief of police determines to be dangerous or perishable. Such property may be disposed of immediately, without notice, in such manner as the chief of police determines to be in the public interest. (b) Other abandoned property. Any other abandoned property which is not turned over to the police department may be disposed of by the city manager in the following manner: The city manager or his deputy shall first determine whether or not the property is in fact abandoned property. If the property has been abandoned, and appears to have some value, it shall be disposed of at public auction in the same manner as provided in subsection (a) for property in the possession of the police department. If the property is not sold at public auction, or if the city manager shall determine that it is valueless and not sellable at public auction, it shall be disposed of as rubbish. (Ord. 378, 1971; Ord. 382, 1971) publie-plaee. (Ord. 378, 1971) 10.15.025. Indcccnt a ult (Ord. 378, 1971) 1 1 1 . ... . . . - _ . . :, .. (Ord. 378, 1971) .,ted n+ .�.. 00 0 (Ord. 378, 1971) 1 201 01v-v10. Cen ra -offenses. (2) Engage in window peeping; (3) Engage in any indecent, immoral or obscene conduct in any street, alley or public place; (1) Make an immoral exhibition or exposure of his person; (5) Accost another person and attempt to entice such other person into any automobile, building, bushes, wooded area, secluded area or any remote public or private place; (6) Print, engrave, sell, offer for sale, give away, exhibit or publish or have in his book, pamphlet, paper, picture, cast statuary, image or representation' or other article .. - .. . - •. . -, . ..• ... , -. . , . - , . . • .. up principally of pictures or stories of immodest deeds, lust or crime, or exhibit any (Ord. 378, 1971) 1 1 1 ' . . (a) Prostitution means the giving or receiving of the body for sexual intercourse for hire. Lewdness means any indecent or obscene act. Assignation means the making of any appointment or engagement. (c) No person shall solicit, induce, entice, invite, compel, force, require or procure another thereof or vehicle or trailer used for the purposes of lewdness, assignation or prostitution, or let, lease or rent any such place, premises or conveyance or part thereof to another with (0 No person shall direct, take or transport, or offer or agree to take or transport, or aid or (h) No person shall attend or frequent, reside in, enter or remain in any house, place, ' - - • . . - - - -- • = , - • •-, - - . . . • .. - . - . . -, . . _ :, - . . . (j) In prosecutions under this section, common fame shall be competent evidence in (Ord. 378, 1971) • , - -•• •_ - . . . • . •- • . . . ' - , . _•, •- p or-room. (c) No person shall have in his possession any policy or pool tickets; any slips or checks (d) No person shall maintain a gambling or lottery room; policy wheel or gambling table of any game of skill or chance, or partly of skill and partly of chance, used for gaming; or (e) Every person who maintains for use or permits the use of, on any place or premises for use, or permits the use of, on any place or premises occupied by him, to comply with the licensing laws of the state relating to such devices shall be a violation of this section. (f) No person shall permit gambling of any nature on any premises occupied or controlled by him. (g) All money or things of value confiscated as evidence under this section shall upon conviction of, or upon forfeiture of bail of any person or persons so charged, become the city. (Ord. 378, 1971) 10.25.010. General off nses (1) Solicit a person for the purpose of committing any illegal act; (2) Engage in any illegal occupation or business; (3) Attend or frequent any place in which an illegal business is permitted or conducted. (Ord. 378, 1971) o to escape; (2) Impersonate a police officer or, without authority, attempt to exercise hit-, pewer-s (Ord. 378, 1971) (Ord. 378, 1971) (Ord. 378, 1971) Chapter 10.30. - Drugs, Narcotics and Items Designed or Marked For Use With Controlled Substances 10.30.010. -Definitions. As used in this chapter,the following terms shall have the meanings as defined herein: (1) Controlled substance. Means a narcotic drug as defined in AS 17.10.230(13) and as supplemented by any regulations adopted under AS 17.10; and a depressant, .. . _. _ •-, - . .. . . . . . , .. . . . . . -- - . . any regulations adopted under AS 17.12 "controlled substances" as that term is defined in AS 11.71.900 and any amendments thereto and subject to AS 17.38. (2) Items designed or marketed for use with controlled substances. Are those items, objects or effects which are principally used with controlled substances by virtue of features designed by the manufacturers and/or those items which are intentionally displayed and marketed in a manner that appeals to or encourages illegal use of controlled substances except to the extent permitted under AS 17.38, and includes but is not limited to: a. Kits designed or marketed for use in planting, propagating, cultivating, growing or harvesting of any species of plant which is a controlled substance or from which a controlled substance can be derived; b. Kits designed or marketed for use in manufacturing, compounding, converting,producing,processing,or preparing controlled substances; c. Isomerization devices designed or marketed for use in increasing the potency of any species of plant which is a controlled substance; d. Testing equipment designed or marketed for use in identifying or in analyzing the strength, effectiveness or purity of controlled substances; e. Scales and balances designed or marketed for use in weighing or measuring controlled substances; f. Diluents and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose and lactose, designed or manufactured for use in cutting controlled substances; g,11-: Blenders, bowls, containers, spoons and mixing devices designed or marketed for use in compounding controlled substances; h.} Capsules, balloons, envelopes and other containers designed or marketed for use in packaging small quantities of controlled substances; i.- Containers and other items designed or marketed for use in storing or concealing controlled substances; L- Hypodermic syringes, needles and other items designed or marketed for use in parenterally injecting controlled substances into the human body; k.-h Items designed or marketed for use in ingesting, inhaling, or otherwise introducing mafijuan*cocaine, into the human body, such as: - - ._ . bowl 2. Water pipes; 3. Carburetion tubes and devices; . handi 6. Mminiature cocaine spoons and cocaine vials_; 7. Chamber pipe3; 8. Carburetor pipes; 9. Electric pipes; 10. Air driven pipes; 11. Chillums; 12. Bongs; 13. Ice pipes or chillers. (3) In determining whether an item is designed or marketed for use with controlled substances, a court or other authority should consider, in addition to all other logically relevant factors,the following: a. Statements by a licensee under this chapter or by anyone in control of the item concerning its use; b. Prior convictions, if any, of a licensee under or of anyone in control of the item under any state or federal law relating to any controlled substance; c. The proximity of the object in time and space to a direct violation of AS 17.10 or AS 17.12; d. The proximity of the object to controlled substances; e. The existence of any residue of controlled substances on the object; f. Direct or circumstantial evidence of the intent of a licensee under this chapter or of anyone in control of the item to deliver it to persons whom he knows or should reasonably know, intend to use the item to facilitate a violation of AS 17.10 or AS 17.12 except as permitted under AS 17.38; the innocence of an owner, or of anyone in control of the item as to a direct violation of AS 17.10 or AS 17.12 except as permitted under AS 17.38 shall not prevent a finding that the item designed or marketed for use with controlled substances; g. Instructions, oral or written,provided with the item concerning its use; h. Descriptive materials accompanying the item which explain or depict its use; i. National and local advertising concerning its use; j. The manner in which the item is displayed for sale; k. Whether the licensee under this chapter, or anyone in control of the item, is a legitimate supplier of like or related items to the community such as a licensed distributor or dealer of tobacco products; 1. Direct or circumstantial evidence of the ratio of sales of the item(s) to the total sales of the business enterprise; m. The existence and scope of legitimate uses for the item in the community; n. Expert testimony concerning its use. 10.30.015. - Possession and use of narcotics. (a) The term "narcotics" as used in this section shall mean any drug which is defined and enumerated under § 40 3 1(11), ACLA 1949, as amended; Title 21 USCA § 8502, as amended; (b) No person shall have possession of, use or be addicted to the use of narcotics or be under the influence of narcotics, except as permitted under state law or when such narcotics are or have been prescribed or administered by or under the direction of a person licensed by the United States or the state to prescribe and administer narcotics. (c) It shall be a defense when any person is charged with possession of narcotics to show that he is a member of a class licensed by the United States or the state to buy, sell, prescribe and administer narcotics. Such licensed class may include but is not necessarily limited to physicians, pharmacists, dentists,veterinarians,drug manufacturers and drug suppliers. 10.30.020. -Possession and use of dangerous drugs. (a) The term "dangerous drug" as used in this section shall mean any veronal, barbital (acid diethylbarbituric or other barbituric acid derivative of their salts), or derivatives, or compounds or preparations containing the foregoing; and acetylurea derivatives, chloral, paraldehyde, sulfonmethane derivatives or compounds, preparations or mixtures containing any of the foregoing. Any amphetamine, desoxyephedrine (methamphetamine), mephenteramine, pipradol, phenmetrazine methylphenidate or any salt mixture or optical isomer thereof, if the drug, salt mixture or optical isomer has a stimulating effect on the central nervous system, shall be classified a dangerous drug within the intent of this section except as permitted under state law. (b) No person shall have possession of, use or be addicted to the use of any dangerous drug or be under the influence of any dangerous drug, except as permitted under state law and except when such dangerous drug is or has been prescribed or administered by or under the direction of a person licensed by the United States or the state to prescribe and administer dangerous drugs. (c) It shall be a defense when any person is charged with possession of any dangerous drug to show that he or she is permitted to possess the dangerous drug under state law and/or that he or she is a member of a class licensed by the United States or the state to buy, sell, prescribe and administer dangerous drugs. Such licensed class may include but is not necessarily limited to physicians,pharmacists, dentist,veterinarians, drug manufacturers and drug suppliers. (d) It shall be a defense when any person is charged with possession of any dangerous drug to show that the dangerous drug was mixed with a sufficient quantity of another drug or drugs to cause the compound or mixture to create other than an hypnotic or somnifacient effect on the person; or to create other than a stimulating effect on the central nervous system. No prosecution for possession of dangerous drugs shall be commenced against any person who has any compound or mixture of a dangerous drug which is intended for use as a spray or gargle or liniment, for external application, if such compound or mixture contains some other drug or drugs rendering it unfit for internal use and the compound or mixture was purchased in good faith to be used for legitimate medical purposes and not for the purpose of evading the provisions and intent of subsection(b) of this section. 10.30.025. -License required. It shall be unlawful for any person or persons as principal, clerk, agent or servant to sell any item which is designed or marketed for use with controlled substances unless otherwise permitted in this code or unless such person shall have a license for such sale issued by the clerk of the City of Seward in accordance with this chapter. Such licenses shall be in addition to any or all other licenses held by applicant. Section 2. This ordinance shall take effect ten(10) days following its enactment. ENACTED by the City Council of the City of Seward, Alaska, this 10th day of October, 2016. THE CITY OF SEWARD, ALASKA ./.tit-1/ /` ! /42 can Bardarson,Mayor AYES: Casagranda, Keil, Butts, Squires, McClure,Altermatt, Bardarson NOES: None ABSENT: None ABSTAIN: None ATTEST: 41D0A, imp Brenda J. Baer,, CMC Acting City Clerk 47'd mac , a (Citi SfaV:p, . S-r�aTt 3v as 0il yr w � ' P) 4rV • zea n ` '":71 e. T vi c 4a ���-i `:•� '< °O�aa oa ems+^'a _��V"�",'>.