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HomeMy WebLinkAboutOrd1956-266 1 I I ORDINANCE NO. 266. AN ORDINANCE TO AMEND ORDINANCE 21..2. BY AMENDING SECTIONS 101 of ARmCLE 1, CHAPTER I; SECTIONS 301.1 and 302 of ARTICLE 3, CHAPTER I; SECTIONS 101.1" 102, 14U.3, 141 of ARTICLE 1, GHAPTER ll; SECTION 803.1 of ARTICLE 8, CHAPTER ll; and TO ADD SECTION 201. 6 of ARTICLE 2, CHAPTER I; SECTIONS 124.1, 125.4 and 174.3 of ARTICLE 1, CHAPTER ll. BE IT ORDAINED by the Common Council of the City of Serlard, Alaska: Section 1. Section 101 of Article 1, Chapter I of Ordinance 212 is hereby amended to read as follows: Section 101. Territorial Law, Rules and Regulations. No person shall violate any law of the Territory of Alaska governing misdemeanors which laws are expressly incorporated in this Ordin- ance, and any violation of such laws shall be a violation of this . \ Ordmance. 101.1 No person shall and it shall be unlawful to: (a) Engage in any illegal occupation or business. (b~ Solicit sales from door to door, or to sell from truck and/or portable vendor without first obtaining permission from the Chief of Police so to do, and the Chief of Police shall advise as to applicable ordinances, whereupon said permit shall be granted unless said vendor is in violation of the law. (c) Use any obs cene or profane language in any public place or private house or place to the disturbance or annoyance of any person or persons, or shall make any loud noise or be guilty of tumultuous conduct in any public place or private house to the disturbance or annoyance of any per- son or persons, or be otherwise guilty of disorderly conduct to the disturbance or annoyance of any person or persons, or shall be drunk in any private house or place to the annoyance of any person or persons, or shall be drunk in or upon any boat, train, passenger coach, or other vehicle commonly used for the transportation of passengers, or in or about any depot, platform, wharf or waiting room, or upon any public street, or at any public gathering, or in any hotel lobby, store, card room, dance hall, theatre, liquor dispensary, or any other public place,. or shall drink intoxicating liquor in or about any depot. platform, wharf or waiting room, or upon any public street, or at any public gathering, or any hotel lobby, dance hall, theatre, or any other public place not permitted under license to dispense intoxicating liquor. (d) Engage in any indecent, insulting, immoral or obscene conduct in any street, alley or public place. - 1 - r I (e) Without malice, point or aim any firearm at or toward any person, or discharge any firearm so pointed or aimed, or point and dis charge any firearm at or toward any person or object wi thout knowing the identity of such object and thereby maim or irj1re any human being. (f) Discharge any firearm or air rifle, or intentionally point or aim any firearm, loaded or otherwise, at any person. (g) Engage in any window peeping. (h) Beg in any street, alley or public place. (i) Jostle or roughly crowd people unnecessarily in any street, alley or public place. (j) Be a vagrant. All idle or dissolute persons who have no visible means of living, or lawful occupation or employment by which to earn a living; all able-bodied persons who shall be found begging the means of support in public places, or from house to house, or who shall procure a child or children so to do; and all persons who live in houses of ill repute shall be deemed vagrants. (k) Wilfully and lewdly expose his person or the private parts thereof in any public place, or in any place where there are present other persons to be offended or annoyed thereby, or take any part in any model artist exhibition or make any other exhibition of himself to public view, or to the view of any number of persons, such as is offensive to decency, or is adapted to excite vicious or lewd thoughts or acts. (1) Utter any profanity, indecent or improper language in a public place. (m)print, engrave, sell, offer for sale, give away, exhibit or publish or have in his possession for any such purpose, any obscene, lewd, lascivious, indecent or immodest book, pamphlet, paper, picture, cast statuary, image or representation or other article of an indecent or immoral nature, or any book, paper, print, circular or writing made up principally of pictures or stories of immodest deeds, lust or crime, or exhibit any such article within the view of any passerby. (n) Maliciously destroy or injure any public property or any private property not his own. (0) Accost a person or endeavor to entice him into an auto- mobile. (p) Create a disturbance in any public place or at any lawful assembly. - 2 - i\ 4) (q) Not being armed with a dangerous weapon, to unlawfully assault or threaten another in a menacing manner, or to unlawfully strike or wound another. (r) Make any breach ,of the peace. (s) Attend or frequent any place in which an illegal business is permitted or conducted. (t) Solicit a person for the purpose of committing any illegal act. (u) Resist arrest by a police officer or assist a person in custody of a police officer to escape. (v) Carry concealed about his person, in any manner whatever, any revolver, pistol, or other firearm, or knife (other than J. an ordinary pocketknife), or other dirk or dagger, slung shot, metal knuckles, or any instrument by the use of which injury could be inflicted upon the person or property of any other person. (w)Steal any property of a value not exceeding One Hundred Dollars, that is, commit petit larceny. (x) Wilfully tear down, alter, or deface any posted, written, or printed notice, posted or put up in pursuance of any law requiring or authorizing the same to be done, before the time for which such notice is given has expired. (y) Falsely assume to be a magistrate or peace officer, and take upon himself to act as such, and require any person to aid or assist him in any matter pertaining to the duty thereof. (z) Sell, use or explode any fireworks, explosive or stench bomb, without permission of the Chief of Police. (aa) Spit upon or otherwise mar or litter any hallways, stair- way, sidewalk or steps or any public building or place of worship. (bb) Go or trespass on any lands or premises in the lawful occupation of another, and fail, neglect, or refUse to depart therefrom immediately and remain away until permitted to return upon the verbal or printed or written notice of the owner or person in the lawful occupation of said lands or premises, except an officer on lawful business. (cc) Engage for hire in the practice or occupation of fortune telling, mind reading, character reading or phrenology. - 3 - r- Section 2. Section 201 of Article 2, Chapter I of Ordinance 212 is hereby amended by adding the following: 201.6 All monies or things of value confiscated as evidence under this section shall, upon conviction of, or upon forfeiture of bail of the person or persons so charged, become the property of the City or Seward and said monies realized therefrom shall forthwith be transmitted to the General Fund of the City of Sewtard by the Magistrate. Section 3. Section 301 of Article 3, Chapter I of Ordinance 212 is hereby amended to read as follows: 301.1 No person under eighteen (18) years of age shall be upon the public streets afoot or in automobiles, alleys, parks, public buildings, places of amusement and entertainment, vacant lots, or other unsupervised places, between the hours of 10:00 o'clock P. M. on nights preceeding a school day, and 11:00 o'clock p. M. otherwise, and five o'clock A. M. of any day, unless such person shall be accompanied by and in charge of its parent or other competent and adult person, or upon an emergency errand or legitimate business directed by his or her parent. guardian. or other adult person having the care and custody of the minor. Section 4. Section 302 of Article 3, Chapter I of Ordinance 2~2 is hereby amended to read as follows: 302.1 No parent, guardian or other person having the custody and control of children under the age of eighteen years shall allow any child to go or be upon any public street. or other places as listed ill the preceding section Number 301.1, between the hours of 10:00 o'clock P. M.. on nights preceeding a school day, and 11:00 P. M. otherwise, and five o'clock A. M. of any day, unless such child shall be accompanied by its parent or other competent and adult person, or is upon an emergency errand or legitimate business directed by his or her parent, guardian, or other adult person having the care and custody of the minor. In any prosecution for the violation of any provision of this section, the presence of any person under eighteen years of age unattended as herein required, upon any of the public streets, or other places as listed in the preceding section Number 301.1, shall be deemed prima facie evidence of the guilt of said parent and of the violation of the provisions hereof. 302.2 Any person having care, custody or control of a child under the age of sixteen years and who is neglecting such child by flagrantly violating his parental duties or obligations to such child. shall be guilty of a misdemeanor. Section 5. Section 101.1 of Article I, Chapter I I is hereby amended by adding the following immediately after the words "Business District": Beginning at the alley between 2nd and 3rd Streets at - 4 - r - Railway Avenue and proceeding north to Jefferson Street, thence east on Jefferson Street to the alley between 5th and 6th Streets, thence south to Railway AveIl1le. Section 101.1 is further amended by adding at the end thereof the following: Through Streets. All streets running north and south in the City of Seward are through streets unless otherwise designated. Section 6. Section 102 of Article 1, Chapter I I is hereby amended to read as follows: Section 102. Rules and Regulations. 102.1 No person shall violate any of the rules and regulations of the Motor Vehicle Code of the Territory of Alaska, which said code is expressly incorporated in this ordin- ance, and any violation of such code shall be a violation of this ordinance. 102.2 The Mayor or Chief of Police is hereby empowered to direct and control traffic; to create quiet and safety zones; to designate and approve all official traffic control devices, and the location thereof, and all official traffic control signals; to designate emergency vehicles; to designate streets or portions thereof closed to traffic by reason of construction or repairs; to designate play streets and their hours of use, subject to Council approval. 102.3 The Mayor or Chief of Police is hereby empowered to designate through streets and the speed limits thereon; to designate one-way streets; to designate the locations of all official traffic control signals; to prescribe the manner and duration of parking of vehicles; to create loading zones and bus, taxicab and dray stands; to desig- nate the route of trucks, tractors and trailers through the city; and to make all needful rules for the direction of traffic or parking of vehicles on any highway, alley or place not unlawful nor inconsistent with this article; further to designate parking meter spaces and zones, subject to Council approval. 102.4 All rule and regulations changes made hereunder shall become effective when notice of the same shall have been given by publication in a daily or otherwise newspaper of general circulation, or by posting in three public places in the City, and when the traffic control devices or traffic signals, if required under this article, have been installed. Section 7. Section 124.1 of Article 1, Chapter I I is hereby amended by adding at the end thereof the following: (13) At any curb on the left side of the street and facing oncoming traffic. - 5 - ." r- -. .' Section 8. Section 125 of A ticle 1, Chapter I I is hereby amended by adding at the end thereof the fdlowing: 125.4 When traffic control devices are erected upon the street ot highway intersections, every driver of a vehicle shall obey said traffic control devices. When stop and go lights or other mechanical devices are in use, traffic shall proceed accordingly. Section 9. Section 140.3 of Article 1, Chapter I I is hereby amended to read as follows: 140.3 After conviction of a violation of this section, or upon forfeiture of bail, the Municipal Court shall forthwith, in addition to the other punishment provided in this ordinance, suspend the Territorial vehi:le operator's license :>f the offender in accordance with Section 50 - 3-1 through 50-3-7, A. C. L. A. 1949 and nodfy the Terri- . to rial Tax Commissioner of such action and send him such revoked license as therein provided. Section 10. Section 141 of Article 1, Chapter I I is hereby amended to read as follows: Section 141. Reckless Driving and Ne gligant Driving. 141.1 Any person who drives any vehicle upon a highway carelessly and heedlessly in willful or wanton disregard of the rights or safety of others, or without due caution and circumspection and at a speed or in a manner so as to endanger or be likely to endanger any person or property, shall be guilty of reck- less driving. 141.2 Upon conviction of a violation of this section, or upon bail forfeiture, the Municipal Magistrate, in addition to the other punishment provided in this ordinance, shall forth- with suspend the Territorial vehicle operator's license of the offender for a period of not less than thirty (30) days in accordance with Sec. 50-3-1 through 50-3-7, A. C. L. A. 1949, and notify the I'erritorial Tax Commissioner of such action and send his such revoked license, as therein provi.ed. 141.3 Any person who operates a motor vehicle in a negligent manner over and along the streets and highways shall be guilty of negligent driving. For the purpose of this section "negligent manner" shall be construed to mean the operation of a vehicle upon the streets or highways in such a manner as to endanger or be likely to endanger any persons or property. The offense of operating a vehicle in a negligent manner shall be included in the offense of operating a vehicle in a reckless manner, and any person charged with operating a vehicle in a reckless manner may be charged with the offense of operating a vehicle in a negligent manner. Any person violating the provisions of this section shall be guilty of a misdemeanor, provided, that the Magistr1:&te may, in addition to the other punishment provided in this ordinance, suspend the Territorial vehicle operator's license of the offender. - 6 - : Section 11. Section 174 of Article 1, Chapter I I is hereby amended by adding the following: 174.3 All vehicles found abandoned on any highway or other place in the City of Seward shall be taken into custody by the Police Department of the City of Seward. Any vehicle left in impoundment for more than 45 days shall be considered abandoned. Notice that such vehicle has been found abandoned or has been impounded shall be forwarded by registered mail by the Police Department to the registered and legal owner of such vehicle if any record or registration of such ownership exists in Alaska. In the eventthe vehicle appears to be registered or the legal ownership is under any other state or territory, such officers shall send notice thereof to the official having cognizance of the issued registration or ownership in such state or territory. If at the expiration of 45 days from the date of mailing such notice, the vehicle remains unclaimed, and has not been reported stolen, then the same may be sold at public auction by such official upon notice being published, or posted in three public places, stating the date and time at which such vehicle shall be sold. Such date shall not be less than ten days following the date of said publication or posting. Any surplus accumulating from said sale, after deducting the cost of placing the vehicle in custody, storing, and advertising the sale of the same, shall he held for the owner for a periol of ten days, and if not claimed by the expiration thereof shall be trans- ferred to the General Fund of the City of Seward. Section 12. Section 803.1 of Article 8, Chapter I I is hereby amended to read as follows: 803.1 Every act prohibited by this ordinance is hereby declared unlawful. Unlews another penalty is expressly provided by this ordinance for any particular provision or section, every person convicted of a violation of any provision of this ordinance, or any rule or regulation adopted or issued in pursuance thereof, shall be punilihed by a fine of not more than three hundred dollars ($300.00) or by imprisonment for not more than thirty (30) days, or by both such fine and imprisonment. Each act of violation and every day upon which any such violation shall occur shall constitute a separate offense. Section 13. Section 804 of Article *, Chapter I I is hereby amended to read as follows: 804.1 Partial Invalidity. If any section, subsection, sentence, clause, or phrase of this Ordinance is held to be invalid, the decision shall not affect the validity or meaning of the remaining portions of this Ordinance. The City Council declares that it would have passed this Ordinance, and each .,ection* subseoUOD, senteJl,ce* cla.._* phrase thareof, irrespective of the fact that aay one or 1lIOre section., ,.p..otion., sent.nce., claus.., or phrases be declared invalid. PASSED AND APPROVED UNDER SUSPENSION OF THE ROUE thb 18th day of JUNE 11 1956 by the Council of the City of Seward, Alaska. 9~.Q ~~ Me. r tei ty of Seward ATTEST :