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HomeMy WebLinkAboutOrd2022-010 - Title 1 Full Update Sponsored by: City Clerk 111 Introduction: August 8, 2022 Public Hearing: August 22, 2022 Enactment: August 22, 2022 Request for Reconsideration: September 12, 2022 Motion to Reconsider Failed: September 12, 2022 CITY OF SEWARD,ALASKA ORDINANCE 2022-010 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AMENDING SEWARD CITY CODE TITLE 1 — GENERAL PROVISIONS WHEREAS, in May, 2020, Seward City Council approved Resolution 2020-040 to review, update, and recodify Seward City Code; and WHEREAS,there are 16 Titles contained in Seward City Code; and WHEREAS, due to the sheer volume of material to be reviewed, it is more efficient and reasonable to provide the changes in smaller,more manageable portions for consideration; and WHEREAS, to that end, this ordinance is focused specifically on Title 1 — General Provisions, and reflects input from the city attorney, city manager (including from department heads), and city clerk. NOW,THEREFORE,THE CITY OF SEWARD ORDAINS that: Section 1. Seward City Code Title 1 —General Provisions is hereby amended as follows: (Deletions= Bold ; Additions=Bold Underlined Italics.) Chapter 1.01. - General Provisions 1.01.010.-How code designated and cited. The ordinances embraced in this and the following titles and sections shall constitute and be designated "The Code of the City of Seward,Alaska," and may be so cited. Such code may also be cited as the "Seward City Code." and may be abbreviated as "SCC." (1960 Code, § 1; Ord. 610, 1988) 1.01.015. -Definitions and rules of construction. In the construction of this code and all other ordinances of the city,the following rules shall be observed, unless such construction would be inconsistent with the manifest intent of the city council or the context clearly requires otherwise: Action. The word "action" includes any matter or proceeding in a court, civil or criminal. AS. The abbreviation "AS"refers to Alaska Statutes as now or hereafter amended. CITY OF SEWARD,ALASKA ORDINANCE 2022-010 City. The words "the city" or "this city" shall be construed as if followed by the words "of Seward,Alaska." Code. The words "the code" or "this code" shall mean the code of the city of Seward,Alaska. Computation of time. The time within which an act is required to be done is computed by excluding the first day and including the last, unless the last day is a Saturday, Sunday or legal holiday,in which case the last day shall be the next succeeding business day. Council or city council. Whenever the words "council" or "city council" are used, it shall be construed to mean the city council of the city of Seward, Alaska. Day. A day is the period of time between any midnight and the midnight following. Daytime, nighttime. "Daytime" is the period of time between sunrise and sunset. "Nighttime" is the period of time between sunset and sunrise. Delegation of authority. Whenever a provision appears requiring a city officer or city employee to do an act, it is to be construed to authorize the officer or employee to designate, delegate and authorize subordinates to perform the required act. Gender. The masculine gender includes the feminine and neuter, and when the sense so indicates, words of the neuter gender may refer to any gender. • " Joint authority. All words giving joint authority to three or more persons or officers shall be construed as giving such authority to a majority of such persons or officers. Month. The word "month" shall mean a calendar month. Must. The term "must"is construed as being mandatory. Number. The singular number includes the plural, and the plural includes the singular. Oath. "Oath" includes affirmation or declaration. Officers, officials, offices, employees, departments, boards and commissions. Whenever any officer,official,office,employee,department,board or commission is referred to, including when used in Section 2.35.010, it shall mean an officer,official,office, employee,department,board or commission of the city,unless the context clearly indicates otherwise. Or, and. "Or" may be read "and," and "and"may be read "or," if the sense requires it. Owner. The word "owner" applied to a building or land, shall include any part owner,joint owner,tenant in common,tenant in partnership,joint tenant or tenant by the entirety of the whole or of a part of such building or land, or vendee in possession under a land sale contract. Person. "Person" includes corporations, companies, associations, firms, partnerships, organizations,business trusts or societies, as well as individuals. Personal property and personalty. "Personal property" and "personalty" include household goods, effects, furniture, chattels, goods, wares, merchandise, gold dust, money on deposit inside or outside the city, boats or vessels owned or registered in the city, capital invested in the city, debts due or to become due from solvent debtors,whether on account, contract,note,mortgage,or otherwise, public stocks, or stocks or shares in incorporated companies, and property of every nature and kind not included in the term real property. CITY OF SEWARD,ALASKA ORDINANCE 2022-010 Preceding, following. The words "preceding" and "following" mean next before and next after,respectively. Process. "Process" includes a writ or summons issued in the course of judicial proceedings of either a civil or criminal nature. Property. The word "property" shall include real and personal property. Real property and land. The words "real property" and "land" shall include land, buildings, structures, improvements and fixtures on land, and all possessory rights and privileges appertaining to it. Registered mail. When the use of"registered mail" is authorized or required, certified mail, with return receipt requested,may be used. Shall, may. "Shall" is mandatory and "may" is permissive. Signature or subscription by mark "Signature" or "subscription" includes a mark when the signer or subscriber cannot write, such signer's or subscriber's name being written near the mark by a witness who writes his own name near the signer's or subscriber's name; but a signature or subscription by mark can be acknowledged or can serve as a signature or subscription to a sworn statement only when two witnesses so sign their own names thereto. State. The words "the state" "this state" shall be construed to mean the State of Alaska. Tenses. The present tense includes the past and future tenses, and the future includes the present. Tract. "Tract" includes land or parcels of land which may be separately assessed. Week A week consists of seven consecutive days. Writing. Writing includes printing. Year. The word "year" shall mean a calendar year, except where otherwise provided. (1960 Code, § 2; Ord. 612, § 1, 1989) 1.01.020.-Interpretation of code. In the interpretation and application of any provisions of this code, it shall be held to the minimum requirements adopted for the promotion of the public health, safety, comfort, convenience and general welfare. Where any provision of the code imposes greater restrictions upon the subject matter than the general provisions imposed by the code, the provision imposing the greater restriction or regulation shall be deemed to be controlling. (1960 Code, § 2) 1.01.025. -Provisions considered as continuations of existing ordinances. The provisions appearing in this code, so far as they are in substance the same as those of ordinances existing at the time of the effective date of this code, shall be considered as continuations thereof and not as new enactments. (Ord. 378, 1971) 1.01.030. - Effect of repeal of ordinances. CITY OF SEWARD, ALASKA ORDINANCE 2022-010 A. The repeal of any prior ordinance of the city by any subsequent ordinance shall not operate to revive the provisions of any ordinance which may have been repealed by such prior ordinance, unless such revival shall be expressly provided for. B. Ordinances repealed remain in force for the trial and punishment of all past violations of them, and for the recovery of penalties and forfeitures already incurred, and for the preservation of all rights and remedies existing by them and so far as they apply, to any office, trust, proceeding,right, contract or event already affected by them. (1960 Code, § 4) 1.01.035.- Catchlines of sections. A. The catchlines of this code are intended as mere catchwords to indicate the contents of the section,and shall not be deemed or taken to be the title of sueh the sections, nor as any part of the section, nor shall they be so deemed when any of such the sections, including the catchlines are amended or reenacted, unless expressly so provided. B. The history or source notes appearing in parentheses after sections in this code are not intended to have any legal effect, but are merely intended to indicate the source of matter contained in this section. C. Editor's notes and state law references which appear after sections or subsections of this code or which otherwise appear in footnote form are provided for the convenience of the user of this code and have no legal effect. D. All references to chapters, articles, divisions, subdivisions or sections are to chapters, articles, divisions, subdivisions or sections of this code, unless otherwise specified. (1960 Code, § 3) 1.01.040.- Severability of parts of code. The sections, paragraphs, sentences, clauses and phrases of this code are severable, and if any phrase, clause, sentence, paragraph or section of this code shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction,such the unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this code. (1960 Code, § 5) 1.01.045.-Amendments to code; effect of new ordinances; amendatory language. A. E)Ordinances amending or repealing 1. All ordinances passed subsequent to this code which amend, repeal or in any way affect this code, may be numbered in accordance with the numbering system of this code and printed for inclusion herein. 2. In the case of repealed titles, chapters, sections and subsections or any part thereof, by subsequent ordinances, sueh the repealed portions may be excluded from the code by omission from reprinted pages affected thereby. The subsequent ordinances as numbered and printed or omitted, in the case of repeal, shall be prima facie evidence of sueh the CITY OF SEWARD,ALASKA ORDINANCE 2022-010 subsequent ordinances until sueh the time that this code and subsequent ordinances numbered or omitted are re-adopted as a new code by the city council. B. (b)Amendments by specific reference. Amendments to any of the provisions of this code shall be made by amending such provisions by specific reference to the section number of this code in the following language: "That section of the code of the city of Seward,Alaska, is hereby amended to read as follows: ." The new provisions shall then be set out in full as desired. C (e)New sections. In the event a new section notherz previously existing in the Code is to be added, the following language shall be used: "That The code of the city of Seward, Alaska,is hereby amended by adding of section,to be numbered which section reads as follows: ." The new section shall then be set out in full as desired. D. (d)--All sections, subsections, articles, divisions, chapters, titles or provisions desired to be repealed must be specifically repealed by section,subsection, article, division, chapter or title number, as the case may be. (1960 Code, § 6; Ord. 610, 1988) 1.01.050. -Altering code. A. It shall be unlawful for any person i.n the-eity to change or amend by additions or deletions, any part of portion of this code or to insert or delete pages, or portions thereof, or to alter or tamper with stieb the code in any manner whatsoever except by ordinance or other official act of the city council, which will cause the law of the city to be misrepresented thereby. B. Any person violating this section shall be punished as provided in this code. following; (1960 Code, Sec. 7; Ord. 610, 1988) 1.01.052. -Revising code. A. The city clerk, with advice and assistance of the city attorney, is the revisor of ordinances and shall revise for consolidation into the city code all ordinances of a general and permanent nature. B. The revisor shall edit and revise the ordinances for consolidation without changing the meaning of any ordinance. C. Subject to the general policies which may be promulgated by the council for the preparation and publication of code supplements, the revisor, subject to review by the city attorney, may make the following editorial revisions during the codification process: 1. (4)Renumber sections, parts of sections, articles, chapters and titles; 2. (2)Change the wording of catchlines and change or provide new titles for articles,chapters and titles; 3. (33 Change capitalization, format, tense for the purpose of uniformity; 4. (4) Substitute the proper designation for the terms, "the preceding section," "this ordinance," and like terms; CITY OF SEWARD,ALASKA ORDINANCE 2022-010 5. (6) Strike out figures if they are merely a repetition of written words or vice versa, or substitute figures for written words or vice versa for the purpose of uniformity; 6. (6) Correct manifest errors which are clerical, typographical, or errors in spelling, grammar, or errors by way of additions or omissions; 7. (7)Correct manifest errors in references to laws,ordinances or other sections of this code; 8. (8)Rearrange sections, combine sections, divide long sections into two or more sections, and rearrange the order of sections to conform to a logical arrangement of subject matter as may most generally be followed in the Seward City Code. (Ord. 612, § 2, 1989) 1.nr vh055. r'f�ffcet of-resolutions.' > ; ordinance: (M f 1.01.060.- Publication or posting of administrative rules and regulations. All rules and regulations made by any administrative officer subject to approval by the council under the provisions of this code shall be published either by one publication in a newspaper of general circulation in the city or by posting a copy thereof for ten days following their approval by the city council on the city bulletin board in the lobby of city hall. (1960 Code, § 12) Chapter 1.05.- Violations and Penalties 1.05.010.- General penalty; continuing violations. A. (a)Punishable by fine. Whenever in this code or any other ordinance or resolution, any rule, regulation or order duly promulgated by any officer or agency of the city,any act is prohibited or is declared to be unlawful or an offense or a misdemeanor,or the doing of any act is required or the failure to do any act is declared to be unlawful or an offense or a misdemeanor, where no specific penalty is provided therefor, the violation of any such provision of such code or any other ordinance or resolution or such rule, regulation or order shall be punished by a fine not exceeding$300.00.$1,000.00. B. (b) Civil action penalties. 1. The city or an aggrieved person may institute a civil action against a person who violates a provision of this code or any other ordinance or resolution, or any rule, regulation or order duly promulgated by any officer or agency of the city. In addition to injunctive and compensatory relief, a civil penalty not to exceed $1,000.00 may be imposed for each CITY OF SEWARD,ALASKA ORDINANCE 2022-010 violation along with all reasonable attorney's fees and costs incurred by the City to the fullest extent allowed by law. 2. An action to enjoin a violation may be brought notwithstanding the availability of any other remedy. On application for injunctive relief and a finding of a violation or a threatened violation,the superior court shall grant the injunction. C. (e) Constitution of separate offense. Except where otherwise provided, each act of violation and every day or part of a day any violation of this code or any other ordinance or resolution or rule, regulation or order shall continue shall constitute a separate offense. D. (d)Application of penalty. The penalties provided by this section shall,unless another penalty is expressly provided,apply to the amendments of any section of this code,whether or not such penalties are reenacted in the amendatory ordinance. E. (e) Comparable state crime. If there is a comparable state crime under AS 11 or AS 28 for any act or failure to act that is a violation of a provision of this code, the penalty prescribed in this code shall be applied so as not to impose a greater punishment than that imposed for a violation of the state crime. (1960 Code, § 8; Ord. 378; Ord. 94-32) 1.05.015.-Aiding or abetting violations. The prohibition of any act in this code or any other ordinance,and in any rule or regulation adopted hereunder, shall include the causing, securing, aiding or abetting of another person to do such act. (1960 Code, § 11) 1.05.020. -Violations of state law. No person shall violate any law of the state,nor any rule or regulation adopted by any duly authorized agency of the state; and no enumeration of particular laws, rules or regulations in ordinances or resolutions of the city shall be held to be exclusive. (1960 Code, § 10) Chapter 1.10-Minor Offenses 1.10.010-Definitions. The following words, terms and phrases, when used in this title,shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: "Charging document"means a citation, notice of violation or complaint alleging a violation of this Code. "Code enforcement officer" means any person properly designated to enforce any or all provisions of this Code, including but not limited to municipal police officers, building safety officers, zoning enforcement officers, animal control officers, or other authorized representatives of the city. CITY OF SEWARD, ALASKA ORDINANCE 2022-010 1.10.020-Procedure. A. The charge for a violation of a code provision may be brought by a peace officer, the city manager, or the city official responsible for the administration and enforcement of the code provision which has been violated. A violation that is considered a minor offense shall be governed by the Alaska Rules of Minor Offense Procedure. B. The city shall use the Alaska Uniform Citation form, or the electronic version if authorized, to provide notice to anyone accused of committing a minor offense under any provision of this Code. 1.10.030-Disposition of optional court appearance offenses. A. A defendant charged with a minor offense for which a bail forfeiture amount has been established by Supreme Court order or for which a scheduled fine amount has been established by statute or city ordinance must within 30 days after the citation was issued: 1. Appear for arraignment at the time and place indicated on the citation; or 2. Enter a plea of not guilty and request trial by mailing or delivering a signed plea as directed on the citation; or 3. Enter a plea of no contest and submit payment of the citation, plus any surcharge established by statute, as directed on the citation; or 4. Provide proof of compliance to a law enforcement agency if a statute, regulation, or ordinance permits dismissal of the citation upon a showing of compliance, except that proof of compliance also may be made to the court for violation of AS 28.15.131 (failure to carry or exhibit license) or AS 28.22.019 (proof of insurance). The court shall dismiss the citation upon notification front the agency or proof of compliance. B. A defendant who mails or delivers an unsigned copy of the citation with the defendant's payment will be deemed to have entered a plea of no contest unless the defendant designates otherwise. 1.10.040-Disposition of mandatory court appearance offenses. A defendant charged with a minor offense for which a court appearance is declared mandatory on the citation, or for which no bail forfeiture amount has been established by Supreme Court order and for which no scheduled fine amount has been established by statute or city ordinance must: A. Appear for arraignment at the time and place indicated on the citation or summons. Arraignment must be conducted in accordance with Criminal Rule 5(c), to the extent applicable to Minor Offenses; or B. Provide proof of compliance to a law enforcement agency if a statute, regulation, or ordinance permits dismissal of the citation upon a showing of compliance. The court or municipality shall dismiss the citation upon notification from the agency. 1.10.050- Ordinances affecting minor offenses sent to city attorney. Immediately after the city council enacts a code ordinance affecting, creating, or eliminating a minor offense, the city attorney or city clerk shall submit any necessary updates CITY OF SEWARD, ALASKA ORDINANCE 2022-010 to the Alaska Court System for inclusion in the Uniform Minor Offense Table. Submissions by the city clerk shall be copied to the city attorney. 1.10.060-Minor offense fine schedule. A. In accordance with AS 29.25.070(a), citations for the following offenses may be disposed of as provided in AS 12.25.195-.230, without a court appearance, upon payment of the fine amounts listed below,plus the state surcharge required by AS 12.55.039 and AS 29.25.074. Fines must be paid to the court. B. The Alaska Court System's Rules of Minor Offense Procedure apply to all offenses listed below. C. If a person charged with one of these offenses appears in court and is found guilty, the penalty imposed for the offense may not exceed the fine schedule amount listed in the current, adopted fine schedule. D. Citations charging these offenses must meet the requirements of the Rules of Minor Offense Procedure. E. The fine amounts listed in the current, adopted fine schedule are doubled for motor vehicle or traffic offenses committed in a highway work zone or traffic safety corridor, as those terms are defined in AS 28.90.990 and 13 AAC 40.010(b). F. An offense listed in the current, adopted fine schedule may not be disposed of without court appearance if the offense is in connection with a motor vehicle accident that results in the death of a person. G. The fines listed in the current, adopted fine schedule may not be judicially reduced. SCC Reference Offense Fine Chapter 9.05-Animals and Fowl 9.05.150 Cruelty to animals $1,000 9.05.155(a) Failure to remove fecal matter $100 9.05.210 Failure to license dog $50 9.05.220 Failure to attach collar and tag $25 9.05.222 Attach tag to other than licensed animal $25 9.05.224(a) Removal of license by non-owner $100 9.05.224(b) Counterfeit license or certificate $100 9.05.234 Vicious dog at large $100 9.05.236 Failure to post premises $100 9.05.240 Animal at large $50 9.05.254 Retention of animal without owner's consent $100 9.05.258 Failure to vaccinate $250 9.05.310 Trapping prohibited $100 9.05.315 Hunting prohibited $100 9.05.410 Discharge of firearms prohibited $100 CITY OF SEWARD,ALASKA ORDINANCE 2022-010 Chapter 9.15 Fire Prevention 9.15.125 Failure to correct fire hazard $100 9.15.150 False alarm $100 9.15.310 Failure to obtain explosives permit $250 9.15.320(a) Exceeding explosives limit $250 9.15.320(c) Failure to properly handle explosives[land) $250 9.15.330(a) Failure to properly handle explosives[vessel) $250 9.15.330(b) Failure to supervise handling of explosives $100 9.15.330(c) Unlawful vehicle transport of explosives $250 9.15.330(d) Failure to secure access to explosives loading $100 area 9.15.335 Failure to obtain blasting permit $250 9.15.340 Failure to obtain explosives storage permit $250 9.15.345 Unsafe explosives handling $250 Chapter 9.20 Public Nuisances 9.20.080 Interference with city employees $250 Chapter 9.25 Noise Control 9.25.020(a) Excessive noise $100 Chapter 9.30 Marijuana Extraction Equipment 9.30.010 Use of unapproved marijuana extraction $100 equipment Chapter 9.35 Plastic Bags and Polystyrene Containers 9.35.015(A) Unlawful provision of plastic carry-out bags $50 9.35.020 Unlawful provision of polystyrene foam $50 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 22nd day of August, 2022. TH T U SEWARD,ALASKA it risty Te , yor CITY OF SEWARD, ALASKA ORDINANCE 2022-010 AYES: Calhoon, Casagranda, Osenga, DeMoss, McClure, Terry NOES: None ABSENT: Wells ABSTAIN: None ATTEST: renda J. Ballou, MC City Clerk (City Seal) `''''� OF SE jq/ I • Ct G ,, . "?<;#'s Z' met • = • SEAL •• .. -�- • v. • ,,-"*,9 OF.P\- ' �. ''••.is.SI%ILS" City Council Agenda Statement Meeting Date: August 8, 2022 To: City Council From: Brenda Ballou, City Clerk Agenda Item: Ordinance 2022-010: Amending Seward City Code Title 1 — General Provisions Background and Justification: The purpose of this ordinance is to amend Seward City Code Title 1 —General Provisions as part of the city's recodification effort. Key: Many of the changes recommended in this ordinance are either formatting/grammatical or are self- evident from the reading; all have been identified in the table below. Items marked with an asterisk (*) represent a more significant change. The Source column indicates who brought the change forward (Atty=City Attorney, Mgr=City Manager, Clerk=City Clerk) Code Source Amendment Citation 1.01.010 Atty, Clerk Adding a provision to recognize"SCC"as the acronym for Seward City Code Atty, Clerk Adding a definition for"AS"to recognize references to Alaska Statute Atty, Clerk Cleaning up the definition of"City" Atty, Clerk Adding a definition for"Delegation of authority" Removing the definition for"In the city"because it is not a phrase used in 1.01.015 Atty the code Atty, Clerk Adding a definition for"Must" Atty, Clerk In the definition for "Officers...", adding a reference to SCC 2.35.010 to ensure the most comprehensive and inclusive definition of"employee" Atty, Clerk Cleaning up the definition of"State" 1.01.035 Atty Adding language to clarify the interpretation of Catchlines 1.01.040 Mgr To improve readability 1.01.045 Mgr Formatting and to improve readability 1.01.050 Mgr Formatting and to improve readability 1.01.052 Mgr Assigning responsibility for an action 1.01.055 * Atty Deleting an entire section as obsolete Atty Changing the fine from $300 to $1,000; in keeping with AS 29.25.070 a 1.05.010 * Atty, Clerk Adding a provision to include attorne 's fees and costs incurred by the city Atty Adding a provision to compound offenses daily Atty Adding a provision for a comparable state crime 1.10.010 * Atty Creating an entirely new section for Minor Offenses (including definitions, procedure, disposition) and establishing a Fine Schedule 50 Comprehensive and Strategic Plan Consistency Information This legislation is consistent with (citation listed): Comprehensive Plan: Strategic Plan: Other: Certification of Funds Total amount of funds listed in this legislation: $ This legislation (✓): Creates revenue in the amount of: $ Creates expenditure in amount of: $ Creates a savings in the amount of: $ Has no fiscal impact Funds are (✓): Budgeted Line item(s): Not budgeted Not applicable Finance Signature: N/A Attorney Review ✓ Yes Attorney Signature: Not applicable Comments: Administration Recommendation e✓ Adopt Ordinance Other: 51