tltl' f)f ..,_ __ _
CityM~r
tltl' f)f . ,____ 1\etchlkan
334 Front Street Ketchikan, AK. 99901 Phone (907) 228-5603 Fax (907) 225-5075
TRANSMITTAL MEMORANDUM
TO:
The Honorable Mayor and City Council
FROM:
Karl R. Amylon , City Manager
DATE:
July 25, 2016
RE:
Ordinance No. 16-1824 - Amending KMC § 9.04.030 Entitled "Penalty" To Reduce The Maximum Term of Imprisonment For Disorderly Conduct Including Disturbing The Peace; And Establishing An Effective Date
The attached ordinance was prepared by City Attorney Mitch Seaver, who requested that it be placed before the City Council for consideration at its meeting of August 4, 2016. If adopted, Ordinance No. 16-1824 provides for amend ing the Ketchikan Municipal Code to reduce the minimum term of imprisonment for disorderly conduct from ten days to twenty-four hours. The City Attorney's transm ittal memorandum is attached and requires no elaboration on the part of my office. The City Attorney will be attending the City Council meeting of August 4, 2016, in order to address any questions and/or concerns that Councilmembers may have. A motion has been prepared for City Council consideration. RECOMMENDATION It is recommended that the City Council adopt the motion approving in first reading Ordinance No. 16-1824 amending KMC § 9.04.030 entitled "Pena lty" to reduce the maximum term of imprisonment for disorderly conduct including disturbing the peace; and establishing an effective date. Recommended Motion: I move the City Council approve in first reading Ordinance No. 16-1824 amending KMC § 9.04.030 entitled "Penalty" to reduce the maximum term of imprisonment for disorderly conduct including disturbing the peace; and establishing an effective date.
AGENDA- 08/04/16- GGCA1
THE CITY OF KETCHIKAN, ALASKA ORDINANCE NO. 16-1824 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KETCHIKAN, ALASKA; AMENDING KMC § 9.04.030 ENTITLED "PENALTY" TO REDUCE THE MAXIMUM TERM OF IMPRISONMENT FOR DISORDERLY CONDUCT INCLUDING DISTURBING THE PEACE; AND ESTABLISHING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KETCHIKAN, ALASKA, AS FOLLOWS:
Section 1 : Amendment. Section 9.04.030 of the Ketchikan Municipal Code, entitled "Penalty," is hereby amended to read as follows:
"Any person who violates any provision of this chapter, or performs any unlawful act as defined in this chapter, or fails to perform any act required by this chapter, shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not to exceed $1,500 or imprisonment for not more than [10 days] 24 hours, or both such fine and imprisonment."
Section 2: Effective Date. This ordinance is effective one (1) month after its final passage and publication. PASSED ON FIRST READING-- -- - - - - - -- -- - -- -
FINAL PAS SAGE _____ _ _ _ _ _ _ __ _ _ _ _ _ _ _ ___
Lew Williams III, Mayor
ADU/0/AmendDC
Page 1
Ordinance No . 16-1824
I
ATTEST:
EFFECTIVE
ROLL CALL
DATE:
YEA
I
* NAY
ABSENT
GOOSE GAGE
Kath erine M. Suiter City Clerk
HARRIS IS OM KIFFER
FYI:
Bracketed language is intended to be removed from the existing ordinance, and underlined language in bold type is intended as an addition to the existing Ketchikan Municipal Code.
AJJU/0/AmendDC
S IVERTSEN ZENGE MAYOR
Page 2
Ordinance No. 16-1824
Mitch Seaver
334 FRONT STREET Ketchikan, Alaska 99901 Telephone (907) 228-5611 Facsimile (907) 247-2111
City Attorney City of Ketchikan, Alaska
MEMORANDUM
Mayor Williams Members of the City Council Karl Amylon, City Manager
TO:
FROM:
f 1Mftch Seaver
City Attorney
DATE:
July 19, 2016
SUBJECT:
Ordinance Amending Penalty for Disorderly Conduct
Transmitted herewith is a proposed ordinance amending the minimum term of imprisonment for disorderly conduct from 10 days to 24 hours. The reason for this amendment is Senate Bill 91 which made a number of changes to Alaska criminal law. It amended the state disorderly conduct statute AS 11.61.110 to reduce imprisonment from 10 days to 24 hours. AS12.55.135(m). It also amended AS 29.25.070 to provide that where a municipal ordinance is comparable to a state offense under AS 11 or AS 28 a municipality may not impose a greater punishment than that imposed for a violation of state law. That statute applies to home rule and general law municipalities. AS 29.25.070(g). In general, the City's disorderly conduct ordinance covers disturbing the peace, failing to follow an order by the police to disburse and low-level assaultive behavior. It also prohibits open containers of alcohol in public places . There is no open container state law other than an open container in a motor vehicle. I have discussed this with the Chief of Police who is of the opinion that 24 hours imprisonment would be an appropriate maximum for an open container. It is rare for an offender to receive jail time for that offense. While there have been a few repeat offenders who reached the point of receiving 10 days in jail, the fact is such sentences appeared to have little bearing on changing behavior.
cc: Chief of Police Al~m Bengaard
ADU/M/Amend DC
Page 1 of 1
tltl' f)f . ,____ 1\etchlkan
334 Front Street Ketchikan, AK. 99901 Phone (907) 228-5603 Fax (907) 225-5075
TRANSMITTAL MEMORANDUM
TO:
The Honorable Mayor and City Council
FROM:
Karl R. Amylon , City Manager
DATE:
July 25, 2016
RE:
Ordinance No. 16-1824 - Amending KMC § 9.04.030 Entitled "Penalty" To Reduce The Maximum Term of Imprisonment For Disorderly Conduct Including Disturbing The Peace; And Establishing An Effective Date
The attached ordinance was prepared by City Attorney Mitch Seaver, who requested that it be placed before the City Council for consideration at its meeting of August 4, 2016. If adopted, Ordinance No. 16-1824 provides for amend ing the Ketchikan Municipal Code to reduce the minimum term of imprisonment for disorderly conduct from ten days to twenty-four hours. The City Attorney's transm ittal memorandum is attached and requires no elaboration on the part of my office. The City Attorney will be attending the City Council meeting of August 4, 2016, in order to address any questions and/or concerns that Councilmembers may have. A motion has been prepared for City Council consideration. RECOMMENDATION It is recommended that the City Council adopt the motion approving in first reading Ordinance No. 16-1824 amending KMC § 9.04.030 entitled "Pena lty" to reduce the maximum term of imprisonment for disorderly conduct including disturbing the peace; and establishing an effective date. Recommended Motion: I move the City Council approve in first reading Ordinance No. 16-1824 amending KMC § 9.04.030 entitled "Penalty" to reduce the maximum term of imprisonment for disorderly conduct including disturbing the peace; and establishing an effective date.
AGENDA- 08/04/16- GGCA1
THE CITY OF KETCHIKAN, ALASKA ORDINANCE NO. 16-1824 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KETCHIKAN, ALASKA; AMENDING KMC § 9.04.030 ENTITLED "PENALTY" TO REDUCE THE MAXIMUM TERM OF IMPRISONMENT FOR DISORDERLY CONDUCT INCLUDING DISTURBING THE PEACE; AND ESTABLISHING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KETCHIKAN, ALASKA, AS FOLLOWS:
Section 1 : Amendment. Section 9.04.030 of the Ketchikan Municipal Code, entitled "Penalty," is hereby amended to read as follows:
"Any person who violates any provision of this chapter, or performs any unlawful act as defined in this chapter, or fails to perform any act required by this chapter, shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not to exceed $1,500 or imprisonment for not more than [10 days] 24 hours, or both such fine and imprisonment."
Section 2: Effective Date. This ordinance is effective one (1) month after its final passage and publication. PASSED ON FIRST READING-- -- - - - - - -- -- - -- -
FINAL PAS SAGE _____ _ _ _ _ _ _ __ _ _ _ _ _ _ _ ___
Lew Williams III, Mayor
ADU/0/AmendDC
Page 1
Ordinance No . 16-1824
I
ATTEST:
EFFECTIVE
ROLL CALL
DATE:
YEA
I
* NAY
ABSENT
GOOSE GAGE
Kath erine M. Suiter City Clerk
HARRIS IS OM KIFFER
FYI:
Bracketed language is intended to be removed from the existing ordinance, and underlined language in bold type is intended as an addition to the existing Ketchikan Municipal Code.
AJJU/0/AmendDC
S IVERTSEN ZENGE MAYOR
Page 2
Ordinance No. 16-1824
Mitch Seaver
334 FRONT STREET Ketchikan, Alaska 99901 Telephone (907) 228-5611 Facsimile (907) 247-2111
City Attorney City of Ketchikan, Alaska
MEMORANDUM
Mayor Williams Members of the City Council Karl Amylon, City Manager
TO:
FROM:
f 1Mftch Seaver
City Attorney
DATE:
July 19, 2016
SUBJECT:
Ordinance Amending Penalty for Disorderly Conduct
Transmitted herewith is a proposed ordinance amending the minimum term of imprisonment for disorderly conduct from 10 days to 24 hours. The reason for this amendment is Senate Bill 91 which made a number of changes to Alaska criminal law. It amended the state disorderly conduct statute AS 11.61.110 to reduce imprisonment from 10 days to 24 hours. AS12.55.135(m). It also amended AS 29.25.070 to provide that where a municipal ordinance is comparable to a state offense under AS 11 or AS 28 a municipality may not impose a greater punishment than that imposed for a violation of state law. That statute applies to home rule and general law municipalities. AS 29.25.070(g). In general, the City's disorderly conduct ordinance covers disturbing the peace, failing to follow an order by the police to disburse and low-level assaultive behavior. It also prohibits open containers of alcohol in public places . There is no open container state law other than an open container in a motor vehicle. I have discussed this with the Chief of Police who is of the opinion that 24 hours imprisonment would be an appropriate maximum for an open container. It is rare for an offender to receive jail time for that offense. While there have been a few repeat offenders who reached the point of receiving 10 days in jail, the fact is such sentences appeared to have little bearing on changing behavior.
cc: Chief of Police Al~m Bengaard
ADU/M/Amend DC
Page 1 of 1
