HomeMy WebLinkAboutORD2023-011 Vehicles and Traffic - Recodification Sponsored by: City Clerk
111 Introduction: April 24, 2023
Public Hearing: May 8, 2023
Enactment: May 8, 2023
CITY OF SEWARD, ALASKA
ORDINANCE 2023-011
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, AMENDING SEWARD CITY CODE TITLE 10 — PUBLIC
PEACE, MORALS AND WELFARE FOR THE CITY OF SEWARD
RECODIFICATION PROJECT
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,this ordinance is focused on Title 10—Public Peace,Morals and Welfare and
reflects input from the police chief, city manager, and city attorney.
NOW, THEREFORE, THE CITY OF SEWARD ORDAINS that:
Section 1. Seward City Code Title 10 — Public Peace, Morals and Welfare is hereby
amended as follows:
(Deletions= Bold kethreughs; Additions = Bold Italics Underlined.)
TITLE 10—PUBLIC PEACE, MORALS AND WELFARE
Chapter 10.01 -General Provisions * Reserved
1 n 0 0 0 De fi itions; ,. n o...r..,,,ce ,ith state law
state,as-inter-preted by the co of the state, shall R „ the ^ of this title.
Chapter 10.05 - Reserved
Chapter 10.10 -Reserved* Fireworks Control
SEWARD, ALASKA
ORDINANCE 2023-011
10.10.010- Title.
This chapter shall be known as the fireworks control ordinance of the City of Seward.
10.10.020-Fireworks prohibition.
The use of fireworks is forbidden within the City of Seward except for authorized displays.
10.10.030-Exceptions for authorized displays.
Fireworks may be used for public displays by groups holding a current permit issued by the
city manager.
10.10.040- Use permits.
A. The city manager or his designee may issue a firework use permit, not less than fifteen (15)
calendar days nor more than thirty (30) calendar days from the date of application, for public
fireworks displays provided that the application shows, and issuance of the permit is
conditioned upon:
1. The dates and locations of the proposed displays;
2. That all appropriate or required state licenses or certificates have been procured;
3. That a cash or corporate security bond has been filed with the city in the amount of at least
$150,000 to insure payment of damages to persons or property caused by the display. The bond
requirements may be waived if the holder of the permit has in effect an insurance policy which
accomplishes the same purpose as the bond;
4. That the City of Seward fire department was notified at the time the application was
submitted and invited to be in attendance for fire control purposes;
5. That the state fire marshal was notified at the time the application was submitted and has
issued the necessary permit if required by law; and
6. The name and address of the applicant, and, if required pursuant to this code, the name
and address of the professional pyrotechnician or company who will be conducting the display.
B. If an objection is received from the state fire marshal or the City of Seward fire department
within fourteen (14) days of notification of the application, the city manager may deny the
application for cause shown.
10.10.045-Licensed pyrotechnician —when required.
A professional pyrotechnician shall conduct all fireworks displays that include "dangerous
fireworks" as defined in AS 18.72.100(1). A fireworks display involving no "dangerous
fireworks"may be conducted without a professional pyrotechnician.
10.10.050-Sale of fireworks forbidden.
The sale or offering for sale of Class C fireworks is forbidden within the City of Seward.
SEWARD, ALASKA
ORDINANCE 2023-011
10.10.060- Fireworks—Miscellaneous provisions.
A. No permit shall be issued for more than three (3) displays per calendar year.
B. No permit is transferable.
10.10.070-Definitions.
For the purpose of this chapter the following definitions shall apply:
A. "Dangerous fireworks"means dangerous fireworks as defined by AS 18.72.100(1).
B. "Display"means the detonation of fireworks at any time.
C. "Fireworks"means fireworks as defined by AS 18.72.100(3).
D. "Professional pyrotechnician" shall mean an individual who has been licensed by the
division of Alcohol, Tobacco, and Firearms to use Class A, Class B, and Class C fireworks.
10.10.080-Penalties.
Any violation of this chapter is a minor offense. The fine for offenses in this chapter shall be
$50 per infraction.
Chapter 10.15 - Offenses Against Persons and Property *
* Footnote: See AS 11.20.010 et seq. for state law as to offenses against the person generally; see
AS 11.20.520 et seq. for state law as to malicious mischief and trespass generally.
1n 1c n10 R„s
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
SEWARD,ALASKA
ORDINANCE 2023-011
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 f 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.
10 1 e 020 Reserve&
10.15.025 Reserved.
104-5 0 -Reserved
035—deserved.
Chapter 10.25-Reserved
Chapter 10.30 - Drugs, Narcotics and Items Designed or Marked For Use With Controlled
Substances
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SEWARD,ALASKA
ORDINANCE 2023-011
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SEWARD, ALASKA
ORDINANCE 2023-011
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SEWARD, ALASKA
ORDINANCE 2023-011
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10.30.035 Sale to minors.
It shall be unlawful to sell or give items designed or marketed for use with controlled substances
to any child.
SEWARD, ALASKA
ORDINANCE 2023-011
records shall ro e—disclosed—te d--shall ► e ade ailabl„ nly, t„ law
enforcement—officials
10.30.045 - Remedies.
A. A person who violates any provision of this chapter shall be subject to a civil penalty of not less
than $50.00 nor more than $1,000.00 for each offense or injunctive relief to restrain the person
from continuing the violation or threat of violation, or both injunctive relief and a civil penalty.
Upon application for injunctive relief and a finding that a person is violating or threatening to
violate any provision of this chapter, the superior court shall grant injunctive relief to restrain the
violation.
B Ti ach day of violation o f any p of phis chapter shall c nstitute a ate offense
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whichi T�..�.. be R eff ct without the i alid p of this r.chapte
11 111�.I
111
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 8th day of May, 2023.
THE CITY OF SEWARD, ALASKA
a,_kni)cct
Sue McClure, Mayor
AYES: Barnwell, Wells, Finch, Osenga, Calhoon, DeMoss, McClure
NOES: None
ABSENT: None ,*`A OFSesi,
ABSTAIN: None ,•�'� �RPo '9op'i��
ATTEST:
• SEAL , •
Brenda J. Ballou, MC , I�"""'•aillxs .��
City Clerk �'��, VA ,to
City Council Agenda Statement
Meeting Date: April 10, 2023
To: City Council
From: Brenda Ballou, City Clerk
Agenda Item: Ordinance 2023-011: Amending Seward City Code Title 10 — Public Peace,
Morals and Welfare for the City of Seward Recodification Project
Background and Justification:
The purpose of this ordinance is to complete the recodification of Title 10 — Public Peace, Morals
and Welfare.
Key:
The Source column indicates who brought the change forward (Atty=City Attorney, Mgr=City
Manager, PC = Police Chief, Clerk=City Clerk)
Code Citation Source Amendment
10.01.010 PC, Atty Delete section as obsolete.
10.10 PC, Atty Create new section for Fireworks Control.
10.30.010 - .030 PC, Atty Delete sections as covered by state statute.
10.30.040 Atty Delete section.
10.30.045 B Atty Delete as already covered in Title 1.
10.30.050 Atty Delete as already covered in Title 1.
Comprehensive and Strategic Plan Consistency Information
This legislation is consistent with (citation listed):
Comprehensive Plan: 2.2.8 and 3.7.1.3: Continue to review and update the city code.
Strategic Plan:
Other:
169
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
X Yes Attorney Signature:
Not applicable Comments:
Administration Recommendation
e✓ Adopt Ordinance
Other:
170