Memorandum 15-189 Adoption of State Traffic Offenses in HCC 7

Memorandum ID: 
15-189
Memorandum Status: 
Backup

Details

Memorandum 15-189

To:

MAYOR AND COUNCIL MEMBERS

cITY OF hOMER

 

From:

Thomas F. Klinkner

 

re:

ADOPTION OF STATE TRAFFIC OFFENSES IN HCC TITLE 7

 

FILE NO.:

506,742.103

 

Date:

nOVEMBER 17, 2015

 

The Alaska Court System brought to the City’s attention inconsistencies between the City Code provisions on traffic offenses, fines and citation procedure and their counterparts in state statutes, regulations and court rules.  In addition, the Police Department has asked that all state traffic laws that are minor offenses be incorporated in the City Code, so that all minor offense traffic violations in Homer will be charged by reference to the applicable state statute or regulation.  With these changes, it also was appropriate to update the City’s local traffic and parking regulations.  Ordinance 15-42 has been drafted to address these issues.  An explanation of each section of the ordinance follows:

Section 1.  HCC 7.04.010 presently adopts some, but not all, state traffic laws that are minor offenses.  Section 1 amends HCC 7.04.010 so that it adopts all state traffic laws that are minor offenses.

Section 2.  Section 2 amends HCC 7.04.030(a) to correctly adopt state traffic fine schedules for minor offenses, and correctly state the procedure for disposing of traffic citations for minor offenses without a court appearance.  Section 2 also amends HCC 7.04.030(b) to remove from the local traffic fine schedule those traffic offenses that should be charged as violations of state traffic laws, and to update the procedure for disposing of local traffic and parking violations without a court appearance.

Sections 3 and 4.  The current HCC Chapter 7.08 includes as local parking violations some offenses that should be charged as violations of state statutes or regulations.  Section 3 repeals HCC Chapter 7.08 and Section 4 adopts a new HCC Chapter 7.10 that reorganizes provisions regarding local parking rules and their enforcement, providing for the placement of local traffic control devices to govern parking on City streets and property, local regulations for parking on streets and on City property, particularly on the Spit and in the Harbor, and a procedure for impounding vehicles that park in violation of state or local parking regulations.

Section 5.  With the consolidation of local parking rules and enforcement provisions in HCC Chapter 7.10, Section 5 repeals the parts of HCC 10.04.100 that addressed the regulation of parking in the Harbor area, and adds a new prohibition of vehicles on Harbor area pedestrian and bicycle trails.

TFK/lcj