Ordinance 18-11 Amend HCC Sections Minor Offenses to Conform with State Law

CITY OF HOMER
HOMER, ALASKA

City Clerk

ORDINANCE 18-11

AN ORDINANCE OF THE CITY COUNCIL OF HOMER, ALASKA, AMENDING HOMER CITY CODE SECTIONS 1.16.040, 7.04.030, 10.04.110, 19.08.120, 19.20.070, 20.08.010, AND 20.32.020, ADDING NEW HOMER CITY CODE SECTIONS 5.08.030, 5.20.060, 8.12.800, 14.04.130, 19.02.100, AND RE-ENACTING HOMER CITY CODE SECTIONS 5.24.060, 5.38.060, 8.08.150, 8.11.080, 13.08.170, 14.08.170, 18.20.090, 19.04.100, 19.08.120, 19.12.100 TO CONFORM HOMER CITY CODE TO STATE LAW AND TO CLARIFY THAT CERTAIN CODE VIOLATIONS MAY BE DISPOSED OF WITHOUT A COURT APPEARANCE UPON PAYMENT OF THE FINE LISTED IN A HOMER CITY CODE FINE SCHEDULE, AND ALL OTHER VIOLATIONS REQUIRE A COURT APPEARANCE AND ARE SUBJECT TO THE GENERAL PENALTY UNLESS ANOTHER PENALTY IS SPECIFICALLY PROVIDED.

                WHEREAS, Certain Homer City Code violations may be disposed of without a court appearance upon payment of the fine listed in a Homer City Code fine schedule setting out the fine amount for that violation; and

                WHEREAS, All other Homer City Code violations are subject to the general penalty in Homer City Code 1.16.010, unless another penalty is specifically provided for in the Homer City Code section establishing the violation; and

                WHEREAS, Ensuring consistency with state law increases enforcement efficiency and makes a better informed public; and

                WHEREAS, It is appropriate and in the best interest of the City of Homer to make the following amendments to the Homer City Code sections listed below that address violations.

                NOW, THEREFORE, THE CITY OF HOMER ORDAINS:

                Section 1. Section 1.16.040, Disposition of scheduled offenses – Fine schedule, is amended to read as follows:

Citations for offenses listed in this section may be disposed of as provided in AS 12.25.195 through 12.25.230, without a court appearance, upon payment of the fine amounts listed below, plus the state surcharge required by AS 12.55.039 and 29.25.074. Fines must be paid to the court. The Rules of Minor Offense Procedure in the Alaska Rules of Court apply to all offenses listed below. Citations charging these offenses must meet the requirements of Minor Offense Rule 3. 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 scheduled fine amount plus any surcharge required to be imposed by AS 12.55.039 and 29.25.074. If an offense is not listed on a fine schedule, the defendant must appear in court to answer the charges.

a. A person cited for an offense for which a fine is established in subsection (c) of this section may mail or personally deliver to the Finance Director the amount of the fine indicated on the citation for the offense plus any surcharge required to be imposed by AS 29.25.074, together with a copy of the citation signed by the person indicating the person’s waiver of court appearance, entry of plea of no contest, and forfeiture of the fine. A citation for a scheduled offense may be mailed or personally delivered within 15 days after the date of the citation. The payment of a fine under this subsection shall be treated as a judgment of conviction. The fine paid is complete satisfaction for the offense.

b. If a person cited for an offense for which a fine amount is established in subsection (c) of this section appears in court to contest the citation and is found guilty, the maximum sentence which may be imposed is the scheduled fine amount plus any surcharge required to be imposed by AS 29.25.074.

c. The following violations of this code are amenable to disposition without court appearance upon payment of a fine in the amount listed below:

CODE SECTION                         DESCRIPTION OF OFFENSE                                                                                                   FINE

HCC 5.08.020                 Transporting unsecured load of garbage, trash or other materials in vehicle  $300.00
HCC 5.20.020                 Open burning, permit required      $300.00
HCC 5.20.030                 Trash burning – Approved container required   $300.00
HCC 5.20.050                 Handling or storing explosives      $300.00
HCC 5.24.030                 Fireworks – Sale prohibited          $300.00
HCC 5.24.040                 Fireworks – Use prohibited           $300.00
HCC 5.24.050                 Fireworks exhibit – Permit required  $300.00
HCC 5.38.010                Feeding or baiting certain birds (first offense)      $50.00
HCC 5.38.010                Feeding or baiting certain birds (second and subsequent offenses)  $200.00
HCC 7.16.020               Motor vehicle in beach area (first offense)         $25.00
HCC 7.16.020               Motor vehicle in beach area (second offense)    $250.00
HCC 7.16.020               Motor vehicle in beach area (third and subsequent offenses)     $500.00
HCC 7.16.030              Motor vehicle on storm berm (first offense)    $25.00
HCC 7.16.030               Motor vehicle on storm berm (second offense)     $250.00
HCC 7.16.030               Motor vehicle on storm berm (third and subsequent offenses)  $500.00
HCC 8.08.020               Itinerant or transient merchant – License required      $300.00
HCC 8.08.080               Itinerant or transient merchant – Exhibition of license    $300.00
HCC 8.08.100               Itinerant or transient merchant – Use of streets and other public places   $300.00
HCC 8.11.030               Mobile food service – License required         $300.00
HCC 8.11.070(b)           Mobile food service – Operation near similar business at fixed location   $300.00
HCC 8.11.070(c)            Mobile food service – Operation in City park or campground      $300.00
HCC 8.11.070(d)          Mobile food service – Operation in congested area on Homer Spit    $300.00
HCC 8.12.120               Public transportation vehicle – Permit required         $300.00
HCC 8.12.200              Chauffeurs license – Required                                       $300.00
HCC 8.12.250             Public transportation vehicle – Prohibited operation      $300.00
HCC 8.12.400           Public transportation vehicle – Display of rates/fares      $300.00
HCC 10.04.085(b)       Failure to pay fee for use of load and launch ramp (first offense)      $100.00
HCC 10.04.085(b)          Failure to pay fee for use of load and launch ramp (second offense)   $200.00
HCC 10.04.085(b)      Failure to pay fee for use of load and launch ramp (third and subsequent offenses)        $300.00
HCC 13.08.010          Work in City right-of-way or connecting to City utility – Permit required     $300.00
HCC 13.08.130           Restore City right-of-way to original condition         $300.00
HCC 13.08.140           Repair of damage to City utilities  $300.00

HCC 14.04.050           Sewer extension or connection – Permit required                $300.00

HCC 14.04.070             Destruction of private sewage disposal system after connection to City sewer system       $300.00

HCC 14.04.090             Discharge of surface drainage into City sewer    $300.00

HCC 14.08.030              Water extension or connection – Permit required     $300.00

HCC 14.08.040            Connection to private water system – Permit required   $300.00

HCC 14.08.105            Resale of City water – Permit required   $300.00

HCC 18.20.015        Storing, parking or leaving abandoned or junk vehicle     $300.00

HCC 18.20.025       Failure to remove abandoned or junk vehicle     $300.00

HCC 19.02.020      Large special event – Permit required    $300.00

HCC 19.04.040      Burial of human remains outside approved cemetery     $300.00

HCC 19.04.090(a)   Monument or other memorial protruding above ground level in City cemetery       $300.00

HCC 19.04.090(b)   Placement, alteration or removal of monument, memorial or plant without City consent    $300.00

HCC 19.08.030(a)    Camping on City property where prohibited     $300.00
HCC 19.08.030(b)    Camping outside designated areas     $300

HCC 19.08.030(d)     Camping in closed campground     $300.00
HCC 19.08.050      Camping in City campground – Permit required     $300.00
HCC 19.08.060      Camping in City campground for more than 14 days    $300.00}
HCC 19.08.070(a)   Disposal of human waste on City property      $300.00
HCC 19.08.070(c)    Erect, occupy, utilize structure on City property     $300.00
HCC 19.08.070(d)    Park, leave, maintain, utilize vehicle, camper unit, or camp where prohibited     $300.00
HCC 19.08.070(e)    Deface, destroy, alter or remove City property    $300.00
HCC 19.08.070(f)    Dog at large in City campground      $300.00
HCC 19.08.070(g)   Campsite in City campground left in disorderly or unsightly condition     $300.00
HCC 19.08.080      Improper storage of garbage, refuse, other waste in City campground    $300.00
HCC 19.12.080      Excavation or removal of gravel or fill – Permit required   $300.00
HCC 19.12.090     Tampering with, burning or removing driftwood from storm berm   $300.00
HCC 19.20.020     General rules    $300.00
HCC 19.20.030     Park closure      $150.00

Section 2. Chapter 5.08, Garbage and Solid Waste Disposal, is amended by adding a new section 5.08.030 to read as follows:

5.08.030 Violation – Penalty. The penalty for an offense in this chapter is the fine listed in the fine schedule in HCC 1.16.040. If no fine is listed for the offense in HCC 1.16.040, then the defendant must appear in court and, if convicted, is subject to the general penalty as provided in HCC 1.16.010 unless another penalty is specifically provided.

Section 3. Chapter 5.20, Fire Prevention, is amended by adding a new section 5.20.060 to read as follows:

5.20.060 Violation – Penalty. The penalty for an offense in this chapter is the fine listed in the fine schedule in HCC 1.16.040. If no fine is listed for the offense in HCC 1.16.040, then the defendant must appear in court and, if convicted, is subject to the general penalty as provided in HCC 1.16.010 unless another penalty is specifically provided.

Section 4. Section 5.24.060, Violation – Penalty, previously repealed by Ord. 17-03, is re-enacted to read as follows:

5.24.060 Violation – Penalty. The penalty for an offense in this chapter is the fine listed in the fine schedule in HCC 1.16.040. If no fine is listed for the offense in HCC 1.16.040, then the defendant must appear in court and, if convicted, is subject to the general penalty as provided in HCC 1.16.010 unless another penalty is specifically provided.

Section 5. Section 5.38.060, Violations and penalties, previously repealed by Ord. 13-17(S), is re-enacted to read as follows:

5.38.060 Violations and penalties. The penalty for an offense in this chapter is the fine listed in the fine schedule in HCC 1.16.040. If no fine is listed for the offense in HCC 1.16.040, then the defendant must appear in court and, if convicted, is subject to the general penalty as provided in HCC 1.16.010 unless another penalty is specifically provided.

Section 6. Subsection (b) of Section 7.04.030, Traffic fine schedules, is amended to read as follows:

Code Section     Code Section Title       Fine per Day

HCC 7.06.010(b)Muffler not working properlyCorr/$500.00

HCC 7.06.010(c) Muffler modified/excessive noiseCorr/$500.00

HCC 7.06.010(d) Muffler removed or inoperativeCorr/$500.00

HCC 7.06.010(e)(1) or (e)(2) Noise exceeds limits

First violation $100.00;

Second violation within 6 months of first conviction $200.00;

Third violation within 6 months of any prior conviction $300.00

HCC 7.06.010(e)(3) Sale of vehicle exceeding noise limits

First violation $100.00;

Second violation within 6 months of first conviction $200.00;

Third violation within 6 months of any prior conviction $300.00

HCC 7.06.020 Improperly muffled engine brake use prohibited

First violation $100.00;

Second violation within 6 months of first conviction $200.00 plus proof of satisfactory Homer PD commercial vehicle inspection;

Third violation within 6 months of any prior conviction $300.00 plus proof of satisfactory Homer PD commercial vehicle inspection

HCC 7.10.020Limited time parking – Parking permits$25.00

HCC 7.10.030Parking in City parking lots$25.00

HCC 7.10.040Vehicle length limitation$25.00

HCC 7.10.090Removal of impoundment notice or impounded vehicle prohibited$300.00

HCC 7.15.010Transporting animal$75.00

HCC 7.15.020Animal interfering with vehicle operation$75.00

HCC 7.16.020Motor vehicle in beach area (first offense)$25.00

HCC 7.16.020Motor vehicle in beach area (second offense)$250.00

HCC 7.16.020Motor vehicle in beach area (third and subsequent offenses)$500.00

HCC 7.16.030Motor vehicle on storm berm (first offense)$25.00

HCC 7.16.030Motor vehicle on storm berm (second offense)$250.00

HCC 7.16.030Motor vehicle on storm berm (third and subsequent offenses)$500.00

HCC 7.20.030Use of snowmachines$300.00

HCC 7.20.040Time restriction$300.00

HCC 7.20.050Driver’s license requirement$300.00

HCC 7.20.055Operation in designated areas$300.00

HCC 7.20.060Towing$300.00

HCC 7.28.020Motor vehicle parking$30.00

HCC 7.28.030Short-term parking area$30.00

HCC 7.28.040Limited long-term parking area $30.00

HCC 7.28.050   Reserved parking$30.00

A citation for an offense listed as “Corr” must be dismissed if proof of correction is presented to a Homer Police Department vehicle inspector within 30 days.

Section 7. Section 8.08.150, Violation – Penalty, previously repealed by Ord. 17-03, is re-enacted to read as follows:

8.08.150 Violation – Penalty. The penalty for an offense in this chapter is the fine listed in the fine schedule in HCC 1.16.040. If no fine is listed for the offense in HCC 1.16.040, then the defendant must appear in court and, if convicted, is subject to the general penalty as provided in HCC 1.16.010 unless another penalty is specifically provided.

Section 8. Section 8.11.080, Violation – Penalty, previously repealed by Ord. 17-03, is re-enacted to read as follows:

8.11.080 Violation – Penalty. The penalty for an offense in this chapter is the fine listed in the fine schedule in HCC 1.16.040. If no fine is listed for the offense in HCC 1.16.040, then the defendant must appear in court and, if convicted, is subject to the general penalty as provided in HCC 1.16.010 unless another penalty is specifically provided.

Section 9. Chapter 8.12, Public Transportation, is amended by adding a new section 8.12.800 to read as follows:

8.12.800 Violation – Penalty. The penalty for an offense in this chapter is the fine listed in the fine schedule in HCC 1.16.040. If no fine is listed for the offense in HCC 1.16.040, then the defendant must appear in court and, if convicted, is subject to the general penalty as provided in HCC 1.16.010 unless another penalty is specifically provided.

Section 10. Section 10.04.110, Violation – Penalty, is amended to read as follows:

Except as provided in HCC 1.16.040 and HCC 7.04.030, any violation of the provisions contained in this title or regulations adopted pursuant to this title shall be unlawful and punishable as provided in HCC 1.16.010.

Section 11. Section 13.08.170, Violation – Penalty, previously repealed by Ord. 17-03, is re-enacted to read as follows:

13.08.170 Violation – Penalty. The penalty for an offense in this chapter is the fine listed in the fine schedule in HCC 1.16.040. If no fine is listed for the offense in HCC 1.16.040, then the defendant must appear in court and, if convicted, is subject to the general penalty as provided in HCC 1.16.010 unless another penalty is specifically provided.

Section 12. Chapter 14.04, Sewage – General Provisions, is amended by adding a new section 14.04.130 to read as follows:

14.04.170 Violation – Penalty. The penalty for an offense in this chapter is the fine listed in the fine schedule in HCC 1.16.040. If no fine is listed for the offense in HCC 1.16.040, then the defendant must appear in court and, if convicted, is subject to the general penalty as provided in HCC 1.16.010 unless another penalty is specifically provided.

Section 13. Section 14.08.170, Violation – Penalty, previously repealed by Ord. 17-03, is re-enacted to read as follows:

14.08.170 Violation – Penalty. The penalty for an offense in this chapter is the fine listed in the fine schedule in HCC 1.16.040. If no fine is listed for the offense in HCC 1.16.040, then the defendant must appear in court and, if convicted, is subject to the general penalty as provided in HCC 1.16.010 unless another penalty is specifically provided.

Section 14. Section 18.20.090, Penalty, previously repealed by Ord. 17-03, is re-enacted to read as follows:

18.20.090 Penalty. The penalty for an offense in this chapter is the fine listed in the fine schedule in HCC 1.16.040. If no fine is listed for the offense in HCC 1.16.040, then the defendant must appear in court and, if convicted, is subject to the general penalty as provided in HCC 1.16.010 unless another penalty is specifically provided.

Section 15. Chapter 19.02, Large Special Events, is amended by adding a new section 19.02.100 to read as follows:

19.02.100 Violation – Penalty. The penalty for an offense in this chapter is the fine listed in the fine schedule in HCC 1.16.040. If no fine is listed for the offense in HCC 1.16.040, then the defendant must appear in court and, if convicted, is subject to the general penalty as provided in HCC 1.16.010 unless another penalty is specifically provided.

Section 16. Section 19.04.100, Violation – Penalty, previously repealed by Ord. 17-03, is re-enacted to read as follows:

19.04.100 Violation – Penalty. The penalty for an offense in this chapter is the fine listed in the fine schedule in HCC 1.16.040. If no fine is listed for the offense in HCC 1.16.040, then the defendant must appear in court and, if convicted, is subject to the general penalty as provided in HCC 1.16.010 unless another penalty is specifically provided.

Section 17. Section 19.08.120, Violation – Penalty, previously repealed by Ord. 17-03, is re-enacted to read as follows:

19.08.120 Violation – Penalty. The penalty for an offense in this chapter is the fine listed in the fine schedule in HCC 1.16.040. If no fine is listed for the offense in HCC 1.16.040, then the defendant must appear in court and, if convicted, is subject to the general penalty as provided in HCC 1.16.010 unless another penalty is specifically provided.

Section 18. Section 19.12.100, Violation – Penalties, previously repealed by Ord. 17-03, is re-enacted to read as follows:

19.12.100 Violation – Penalties. The penalty for an offense in this chapter is the fine listed in the fine schedule in HCC 1.16.040. If no fine is listed for the offense in HCC 1.16.040, then the defendant must appear in court and, if convicted, is subject to the general penalty as provided in HCC 1.16.010 unless another penalty is specifically provided.

Section 19. Section 19.20.070, Remedies and penalties, is amended to read as follows:

The penalty for an offense in this chapter is the fine listed in the fine schedule in HCC 1.16.040. If no fine is listed for the offense in HCC 1.16.040, then the defendant must appear in court and, if convicted, is subject to the general penalty as provided in HCC 1.16.010 unless another penalty is specifically provided. Remedies and penalties for violations of this chapter are as provided in Chapter 1.16 HCC.

Section 20. Section 20.08.010, Animals at large, is amended to read as follows:

a. No person may cause or permit an animal to be at large in a public street or alley, or on other public property, or on private property without the property owner’s consent.

b. No person other than the Animal Control Officer or a peace officer performing duties under this title may release an animal from restraint without its owner’s consent, except to preserve the animal’s life. A person who releases an animal from restraint to preserve its life shall promptly report having done so to the animal’s owner or the Animal Control Officer.

c. The Animal Control Officer or a peace officer may capture or destroy by any means an animal at large that presents an immediate threat to public safety.

d. The owner of an animal that is at large may be cited for a violation of this section without the impoundment of the animal.

e. Except as provided in subsection (f) and (g) of this section, the penalty for a violation of subsection (a) or (b), with zero, one, or two prior convictions, is the fine listed in the fine schedule in HCC 20.32.020.

fe. Except as provided in subsection (g)(f) of this section, a violation of subsection (a) or (b) of this section with three or more prior convictions shall be punishable by a fine of not less than $300.00 nor more than $500.00, and the unsuspended portion of the fine shall not be less than $100.00.

gf. A violation of subsection (a) of this section where the animal is a large animal, as defined in HCC 20.04.020, with one or more prior convictions shall be punishable by a fine of not less than $300.00 nor more than $500.00, and the unsuspended portion of the fine shall not be less than $100.00.

Section 21. Section 20.32.020, Fine schedule, is amended to read as follows:

                20.32.020 Fine schedule.

Citations for offenses listed in this section may be disposed of as provided in AS 12.25.195 through 12.25.230, without a court appearance, upon payment of the fine amounts listed below plus the state surcharge required by AS 12.55.039 and 29.25.074. Fines must be paid to the court. The Rules of Minor Offense Procedure in the Alaska Rules of Court apply to all offenses listed below. Citations charging these offenses must meet the requirements of Minor Offense Rule 3. 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 scheduled fine amount plus any surcharge required to be imposed by AS 12.55.039 and 29.25.074. If an offense in this title is not listed in the fine schedule, the defendant must appear in court to answer the charges.

Code Section

Code Section Title

Fine per Day

HCC 20.08.010(a)

Animal at large

No prior conviction $50;

One prior conviction $100;

Two prior convictions $200

HCC 20.08.010(b)

Unauthorized release of animal from restraint

No prior conviction $50;

One prior conviction $100;

Two prior convictions $200

HCC 20.08.030

Animals on harbor floats

$25

HCC 20.08.040(a)

Nuisance animals

No prior conviction $50;

One prior conviction $100;

Two prior convictions $200

HCC 20.08.070

Female animals in heat

$100

HCC 20.08.080

Abandonment of animals

$100

HCC 20.08.090

Maintenance and sanitation

$100

HCC 20.12.010

License required – Issuance

$50

HCC 20.12.020

License tag to be worn and displayed

$50

20.20.010

Permitting animals to bite

$200

HCC 20.24.060

Furnishing false information

$200

HCC 20.28.020

Kennel license – Required

$100

                Section 22. This ordinance shall take effect upon its adoption by the Homer City Council.

 

                Section 23. This ordinance is of a permanent and general character and shall be included in the City Code.

ENACTED BY THE CITY COUNCIL OF THE CITY OF HOMER, ALASKA this                        day of ___________, 2018.

CITY OF HOMER

 

                                                                                                                _______________________

                                                                                                                BRYAN ZAK, MAYOR
 

ATTEST:

______________________________

MELISSA JACOBSEN, MMC, CITY CLERK

YES:
NO:
ABSTAIN:
ABSENT:

First Reading:
Public Hearing:
Second Reading:
Effective Date:

Reviewed and approved as to form:                                                                                                                                                                                                         

Mary K. Koester, City Manager                                                              Holly C. Wells, City Attorney

Date:                                                                                                                    Date: