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TITLE 8 - PUBLIC PEACE, SAFETY, AND MORALS

 


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8.04 Election practices

8.08 Illegal businesses

8.12 Offenses against public justice

8.20 Assault and battery

8.28 Dangerous containers

8.32 Explosives

8.36 Fire prevention

8.40 Repealed

8.44 Alcoholic liquor

8.48 Narcotics

8.52 Gaming operators prohibited

8.56 Obscenity and immoral conduct

8.60 Prostitution

8.64 Disturbing the peace

8.68 Library regulations

8.72 Interference or damage

8.76 Stolen, lost, or abandoned property

8.84 Curfew

8.88 Liquor, tobacco, firearms

8.92 Child abuse

8.96 Weapons; possession, discharge

8.98 Fees for police protection services 

 

 

CHAPTER 8.04
 ELECTION PRACTICES

 

For statutory provisions regarding the same or similar offenses, see AS 15.56.010C 15.56.130.




8.04.010 Prohibited practices



8.04.010 Prohibited practices
. The following acts are unlawful and prohibited

practices:

    (a) Falsely subscribing any affidavit required to be made under the provisions of chapters 2.16 through 2.28;

    (b) Illegally registering or assisting another to so do;

    (c) Electioneering on election day within the polling place or within two hundred feet of the same;

    (d) Interfering with, interrupting, hindering, or opposing any voter while approaching the polling place for the purpose of voting;

    (e) Making false statements as to inability to mark ballot;

    (f) Interference or attempted interference with any voter when marking the voter's ballot;

    (g) Endeavoring to show a voter how any other voter marked the ballot;

    (h) Willfully destroying, spoiling, or tearing down, prior to election, any list posted in accordance with the provisions of chapters 2.16 through 2.28;

    (i) During election, willfully tearing down the cards of instruction or specimen ballots posted for voters§ instruction;

    (j) During election, willfully destroying any election supplies or conveniences;

    (k) Willful hindrance or obstruction or interference with the voting of others;

    (l) The taking from polling places of official ballots or the substituting for them of any spurious ballot or ballots;

    (m) Making using, circulating, or causing to be made, used, or circulated for any official ballot any paper printed in imitation or resemblance thereof, unless clearly marked "Specimen Ballot for Political Purposes;"

    (n) Willful destruction, defacement, or spoilation of any ballot;

    (o) Willful interference with or delay of the delivery of any ballot; or

    (p) Willful neglect of any public or election officer upon whom a duty is imposed by chapters 2.16 through 2.28 to perform such a duty. (Ord. 695 §17, 1983: CCK §3.6.1)
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CHAPTER 8.08 
ILLEGAL BUSINESSES



8.08.010 Generally

8.08.020 Frequenting places where illegal business is conducted

8.08.030 Fortune-telling and related businesses



8.08.010 Generally
. It is unlawful for any person to engage in any illegal occupation or business. (CCK §7.4.1(1))

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8.08.020 Frequenting places where illegal business is conducted
. It is unlawful for any person to attend or frequent any place in which an illegal business is permitted or conducted. (CCK §7.4.1(17))

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8.08.030 Fortune-telling and related businesses
. It is unlawful for any person to engage for hire in the practice or occupation of fortune-telling, mind reading, character-reading, or phrenology. (CCK §7.4.1(28))

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CHAPTER 8.12
 
OFFENSES AGAINST PUBLIC JUSTICE


For statutory provisions regarding the crime of obstructing or impersonating an officer or similar crimes, see AS 11.56.700C11.56.830.Repeal of former Chapter 8.12COrdinance Number 490, effective April 24, 1977, repealed former Chapter 8.12 and enacted new Chapter 8.12 in lieu of the repealed provisions. Former Chapter 8.12 derived from CCK §7.4.1(19), §7.4.1 23), and Ord. 468, 1976.



8.12.010 Resisting arrest

8.12.020 Interference with a police officer

8.12.030 Assault and assault and battery against a peace officer

8.12.040 Making a false report to the police

8.12.050 Making a false report of need for emergency assistance

8.12.060 Impersonating a police officer



8.12.010 Resisting arrest
. (a) No person may resist an arrest by a police officer who is known by the person to be a police officer, who displays identification as a police officer or who is wearing the uniform of a police officer.

(b) As used in subsection (a) of this section, "resist" means to purposely elude or oppose arrest either by fleeing from or struggling with a police officer or by any use of violence or physical force. (Ord. 490 §1 (part), 1977)

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8.12.020 Interference with a police officer
. No person may interfere with a police officer while the officer is in the performance of duties. A person who does any of the following is guilty of interfering with a police officer:

    (a) By use of threat of force or violence, the person prevents or attempts to prevent a police officer from effecting an arrest of another person;

    (b) By use of threat of force or violence the person attempts to aid or aids a person in the custody of a police officer to escape; or

    (c) With intent to delay or prevent a police officer from discharging the officer's lawful duties, the person in any manner physically impedes or hinders the police officer. (Ord. 490 §1 (part), 1977)

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8.12.030 Assault and assault and battery against a peace officer
. No person may assault or threaten a peace officer in a menacing manner, or strike or wound a peace officer, while said officer is performing the duties of a peace officer. (Ord. 855 §1, 1989: Ord. 625 §1, 1981)

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8.12.040 Making a false report to the police
. It is unlawful for a person to knowingly make or cause another person to make a false, misleading, or unfounded statement or report concerning

the commission or alleged commission of any criminal offense to a city peace officer or law enforcement agency. (Ord. 490 §1 (part), 1977)

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8.12.050 Making a false report of need for emergency assistance
. (a) It is unlawful to knowingly make or cause another person to make a false alarm or report of need for emergency assistance to the city police, the city fire department, or to any ambulance service.

    (b) In addition to the criminal penalty, the court shall, upon a conviction for the offense of making a false report of need for emergency assistance, require the convicted person to reimburse the city for all expenses reasonably incurred as a direct result of the false alarm or report. (Ord. 490 §1 (part), 1977)

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8.12.060 Impersonating a police officer
. (a) A person who is not a peace officer shall not wear the uniform or apparel, or wear, carry, or display a badge, identification card, or other insignia of or a colorable imitation of that worn or carried by the city police.

    (b) No person may falsely represent himself or herself to be a police officer or in such assumed character arrest or detain, or threaten to arrest or detain, or otherwise intimidate any person or search any person or property. (Ord. 498 §1, 1977: Ord. 490 §1 (part), 1977).
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CHAPTER 8.20
 
ASSAULT AND BATTERY


For statutory provisions regarding the crime of assault, see AS 11.41.200C 11.41.250.



8.20.010 Prohibited



8.20.010 Prohibited
. It is unlawful for any person to commit assault and/or battery. (CCK §7.4.1(15))

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CHAPTER 8.28
DANGEROUS CONTAINERS



8.28.010 Door; inside opening required

8.28.020 Door; removal of lock required

8.28.010 Door; inside opening required
. It is unlawful for any person to leave outside of any building or dwelling in a place accessible to children any abandoned, unattended, or discarded icebox, refrigerator, or deep-freeze box, or any other container of any kind which has an airtight door or lock which may not be released for opening from the inside of the icebox, refrigerator, or container. (CCK §5.16.1)

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8.28.020 Door; removal of lock required
. It is unlawful for any person to leave outside of any building or dwelling in a place accessible to children any abandoned, unattended, or discarded icebox, refrigerator, deep-freeze box, or any other container of any kind which has an air-tight snap lock or other device thereon without first removing the snap lock or doors from the icebox, refrigerator, deep-freeze box, or container. (CCK §5.16.2)
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CHAPTER 8.32
 EXPLOSIVES


For statutory provisions regarding explosives handlers, see AS 8.52; see also AS 42.30.060C42.30.100.



8.32.010 Unloading upon city dock

8.32.020 Unloading upon city dock; permit; issuance; fee

8.32.030 Unloading upon city dock; employee restrictions

8.32.040 Unloading upon city dock; removal time limit

8.32.050 Unloading upon city dock; fire truck to stand by

8.32.060 Transport through city; precautions

8.32.070 Unloading upon city dock; tonnage limit

8.32.080 Repealed

8.32.090 Repealed

8.32.100 Storage restrictions

8.32.110 Fireworks



8.32.010 Unloading upon city dock
. Before any explosives categorized by the U. S. Department of Transportation as "Class 1.1 and 1.2 Explosives" and hereinafter designated "explosives" may be unloaded upon the city dock, hereinafter designated "dock", it is necessary for the fire and harbor departments to first receive not less than twenty-four hours written notice of such explosives. (Ord. 1102, 1999; CCK §5.14.1)
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8.32.020 Unloading upon city dock; permit; issuance; fee
. The fire department shall give a permit to unload after receiving from the applicant all of the information and guarantees necessary to enforce this chapter, and upon payment of any required fees established by resolution or motion of the city council. (Ord. 951 §6, 1993: CCK §5.14.2)
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8.32.030 Unloading upon city dock; employee restrictions
. During the entire operation of unloading such explosives, and until the explosives have been removed from the dock, no personnel other than city employees, employees of the ship or boat carrying the explosives, and the consignee of the explosives or its agent may be permitted upon the dock. (CCK §5.14.3)
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8.32.040 Unloading upon city dock; removal time limit
. All explosives unloaded upon the dock must be removed from the dock within one hour after the last of the explosives have been set upon the dock from the ship or boat. (CCK §5.14.4)
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8.32.050 Unloading upon city dock; fire truck to stand by
. During the entire operation of unloading and until all explosives have been removed from the dock, at least one truck of the city fire department shall stand by at the dock, adequately manned, with hoses extended and attached to sources of water. (CCK §5.14.5)
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8.32.060 Transport through city; precautions
. During the transport of all explosives from the dock, each truck carrying explosives shall display a red flag upon a front bumper or fender and upon the rear of the truck, in letters of not less than five inches in height and the thickness of the lettering to be not less than three-quarters of an inch, with the word "explosives" distinctly displayed. Each truck during all moves within the city limits shall be escorted by the fire department. (For additional regulations regarding transportation of explosives, see 10.12 of this code.) (CCK §5.14.6)
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8.32.070 Unloading upon city dock; tonnage limit
. Not more than fifteen tons of explosives may be unloaded by any one ship or boat at one port call upon the dock. (CCK §5.14.7)
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8.32.080 Explosive liquids; pouring into receptacles
. Repealed by Ordinance Number 1027, effective July 13, 1996.

Repealed section 8.32.080 derived from CCK §8.0.5.
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8.32.090 Explosive liquids; excessive supply
. Repealed by Ordinance Number 1027, effective July 13, 1996.

Repealed section 8.32.090 derived from CCK §8.0.6.
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8.32.100 Storage restrictions
. No person shall have or keep or store in any place within the fire limits of the city any gunpowder, giant powder, nitroglycerin, or other explosives, excepting in such quantities and under such restrictions as are allowable by the various fire insurance companies under their rules in issuing their policies to the insured, and excepting under such restrictions as the council may from time to time by ordinance or otherwise require or impose. (CCK §8.0.7)
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8.32.110 Fireworks
. It is unlawful for any person to sell, use or explode any fireworks, explosive, or stench bomb to which fuses are attached or which are ignitable by means of a match, without permission of the fire chief. (CCK §7.4.1(25))

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CHAPTER 8.36
FIRE PREVENTION


For statutory provisions regarding local enforcement of fire prevention regulations, see AS 18.70.090; for adoption of fire code, see 14.24 this code.



8.36.010 Inspections

8.36.020 Repealed

8.36.030 Repealed

8.36.040 Repealed

8.36.050 Repealed

8.36.060 Repealed

8.36.070 Repealed

8.36.080 Repealed

8.36.090 Repealed

8.36.100 Repealed

8.36.110 Repealed

8.36.120 Repealed

8.36.130 Repealed

8.36.140 Repealed

8.36.150 Repealed



8.36.010 Inspections
. The chief of the fire department shall examine the construction of all structures to insure compliance with adopted fire and life safety codes. Inspections shall include all electrical, heating, and mechanical appliances built into or used upon the premises. Such inspection may cause the same to be removed or restored to a safe condition when deemed by the fire chief to be dangerous or in violation of any adopted fire or life safety code. The fire chief shall exercise and enforce any other thing necessary for the prevention of fire. (Ord. 855 §2, 1989: CCK §8.0.4)
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8.36.020 Canvas structures deemed nuisances
. Repealed by Ordinance Number 855, effective February 25, 1989.

Repealed section 8.36.020 derived from CCK §8.0.8.
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8.36.030 Building material restrictions
. Repealed by Ordinance Number 855, effective February 25, 1989.

Repealed section 8.36.030 derived from CCK §8.0.9.

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8.36.040 Fire escapes
. Repealed by Ordinance Number 855, effective February 25, 1989.

Repealed section 8.36.040 derived from CCK §8.0.10.

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8.36.050 Gas engines
. Repealed by Ordinance Number 855, effective February 25, 1989.

Repealed section 8.36.050 derived from CCK §8.0.11.

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8.36.060 Flues and chimneys; construction
. Repealed by Ordinance Number 855, effective February 25, 1989.

Repealed section 8.36.060 derived from CCK §8.0.12.

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8.36.070 Flues and chimneys; supports; metallic smoke conductors
. Repealed by Ordinance Number 855, effective February 25, 1989.

Repealed section 8.36.070 derived from CCK §8.0.13.

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8.36.080 Floors
. Repealed by Ordinance Number 855, effective February 25, 1989.

Repealed section 8.36.080 derived from CCK §8.0.14.

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8.36.090 Stovepipes; guarding
. Repealed by Ordinance Number 855, effective February 25, 1989.

Repealed section 8.36.090 derived from CCK §8.0.15.

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8.36.100 Stovepipes; passing through roof
. Repealed by Ordinance Number 855, effective February 25, 1989.

Repealed section 8.36.100 derived from CCK §8.0.16.

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8.36.110 Deposit of ashes, coals near buildings
. Repealed by Ordinance Number 855, effective February 25, 1989.

Repealed section 8.36.110 derived from CCK §8.0.17.

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8.36.120 Water waste; prohibited
. Repealed by Ordinance Number 855, effective February 25, 1989.

Repealed section 8.36.120 derived from CCK §8.0.18.

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8.36.130 Water waste; prohibited practices
. Repealed by Ordinance Number 855, effective February 25, 1989.

Repealed section 8.36.130 derived from CCK §8.0.19.

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8.36.140 Motion picture machines; regulations
. Repealed by Ordinance Number 855, effective February 25, 1989.

Repealed section 8.36.140 derived from CCK §8.0.20.

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8.36.150 Motion picture machines; inspection
. Repealed by Ordinance Number 855, effective February 25, 1989.

Repealed section 8.36.150 derived from CCK §8.0.21.
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CHAPTER 8.40
MISCELLANEOUS HAZARDS


Repeal of Chapter 8.40COrdinance Number 816, effective June 27, 1987, repealed Chapter 8.40. Repeal of former Chapter 8.40COrdinance Number 523, effective July 22, 1978, repealed former Chapter 8.40 and enacted new Chapter 8.40 in lieu of the repealed provisions. Former Chapter 8.40 derived from CCK §7.4.1(26).

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CHAPTER 8.44
ALCOHOLIC LIQUOR


For statutory provisions regulating sales and distribution of alcoholic beverages, see AS 4.16; regarding general provisions, see AS 4.21 and AS 29.35.080; for provisions regarding intoxicating liquor, see 5.12 of this code; and for provisions regarding liquor handlers, see 5.20 of this code.



8.44.010 Repealed

8.44.020 Public possession or consumption of intoxicating liquor

8.44.030 Sale or disposition of alcoholic beverages to drunken persons

8.44.040 Repealed

8.44.041 Possession or consumption by persons under the age of twenty-one

8.44.042 Furnishing of alcoholic beverages to persons under the age of twenty-one

8.44.043 Furnishing of alcoholic beverages to persons under the age of twenty-one by licensees

8.44.044 Purchase by persons under the age of twenty-one

8.44.050 Definitions

8.44.060 Exception for those nineteen years of age or older as of December 31, 1983

8.44.070 Protective custody; fee established



8.44.010 Sale, gift, delivery restrictions
. Repealed by Ordinance Number 607, effective June 27, 1981.

Repealed section 8.44.010 derived from Ordinance Number 346 (part), 1970, and CCK §7.4.8.

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8.44.020 Public possession or consumption of intoxicating liquor
. (a) No person may consume an intoxicating liquor in or upon a public place.

    (b) No person may possess an intoxicating liquor in an open container in or upon a public place.

    (c) As used in this section, the following definitions shall apply:

(1) "Public place" means a public street, sidewalk, alley, or park, a state or a municipal building or associated grounds, municipal harbor facilities, and stores or establishments doing business with the public and not authorized to sell intoxicating liquor for consumption on the premises.

(2) "Open container" means a bottle, can, or similar receptacle in which intoxicating liquor is dispensed or sold, that has been opened or from which the tax seal has been removed or broken and any glass, mug, or other receptacle from which the intoxicating liquor is readily accessible for consumption.

    (d) A violation of this section shall be punishable by a sentence of up to ten days in jail and a fine of up to five hundred dollars plus any surcharge required to be imposed by AS 29.25.072.

    (e) A person arrested for a violation of this section shall be entitled to release from custody upon posting two hundred and fifty dollars cash bail. (Ord. 1081, §7, 1998; Ord. 991 §2, 1994: Ord. 987 §1, 1994: Ord. 491 §2, 1977)

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8.44.030 Sale or disposition of alcoholic beverages to drunken persons
. A licensee, agent or employee of the licensee may not with criminal negligence:

    (a) Sell, give, or barter alcoholic beverages to a drunken person;

    (b) Allow another person to sell, give, or barter an alcoholic beverage to a drunken person within licensed premises;

    (c) Allow a drunken person to enter and remain within licensed premises or to consume an alcoholic beverage within licensed premises; or

    (d) Permit a drunken person to sell or serve alcoholic beverages. (Ord. 607 §2, 1981)

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8.44.040 Access of persons under the age of nineteen
. Repealed by Ordinance Number 712 §7, effective February 25, 1984.

Repealed section 8.44.040 derived from Ordinance Number 607 §3 (part), 1981.

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8.44.041 Possession or consumption by persons under the age of twenty-one
. A person under the age of twenty-one years may not knowingly consume, possess, or control alcoholic beverages except those furnished persons under 8.44.042(b) of this chapter or AS 04.16.051(b). (Ord. 712 §8, 1984: Ord. 607 §3 (part), 1981)

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8.44.042 Furnishing of alcoholic beverages to persons under the age of twenty-one
. (a) A person may not furnish an alcoholic beverage to a person under the age of twenty-one years.

    (b) This section does not prohibit the furnishing of an alcoholic beverage:

(1) By a parent to his or her child, by a guardian to his or her ward, or by a spouse to his or her legal spouse if the furnishing occurs off licensed premises; or

(2) By a licensed physician or nurse to a patient in the course of administering medical treatment.

    (c) Acts unlawful under AS 11.51.130 are not made legal by subsection (b) of this section. (Ord. 712 §9, 1984: Ord. 607 §3 (part), 1981)

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8.44.043 Furnishing of alcoholic beverages to persons under the age of twenty-one by licensees
. A licensee, or the agent, or employee of a licensee may not with criminal negligence:

    (a) Allow another person to sell, barter, or give an alcoholic beverage to a person under the age of twenty-one years within licensed premises;

    (b) Allow a person under the age of twenty-one years to enter and remain within licensed premises except as provided in 5.12.120 or AS 04.16.049;

    (c) Allow a person under the age of twenty-one years to consume an alcoholic beverage within licensed premises; or

    (d) Allow a person under the age of twenty-one years to sell or serve alcoholic beverages. (Ord. 712 §10, 1984: Ord. 607 §3 (part), 1981)

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8.44.044 Purchase by persons under the age of twenty-one
. (a) A person under the age of twenty-one years may not purchase or attempt to purchase alcoholic beverages or solicit to purchase alcoholic beverages on his or her behalf.

    (b) A person may not influence the sale, gift, or service of an alcoholic beverage to a person under the age of twenty-one years by misrepresenting the age of that person.

    (c) A person may not order or receive an alcoholic beverage from any other person, for the purpose of selling it to a person under the age of twenty-one years.

    (d) A person under the age of twenty-one years may not enter licensed premises where alcoholic beverages are sold and offer or present to a licensee, or the agent or employee of a licensee, a birth certificate or other written evidence of age, which is fraudulent or false, or which is not actually their own, or otherwise misrepresent their age, for the purpose of inducing the licensee, or the agent or employee of a licensee to sell, give, serve, or furnish alcoholic beverages contrary to law.

    (e) A person who has attained the age of twenty-one years accompanying a person under the age of twenty-one who is seeking to enter and remain in a licensed premises under 5.12.120(c) may not misrepresent having obtained the consent of the parent or guardian of the person under the age of twenty-one years. (Ord. 712 §11, 1984: Ord. 607 §3 (part), 1981)

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8.44.050 Definitions
. (a) For the purpose of this chapter:

(1) A person acts with "criminal negligence" with respect to a result or to a circumstance described by a provision of law defining an offense when they fail to perceive a substantial and unjustifiable risk that the result will occur or that the circumstance exists; the risk must be of such a nature and degree that the failure to perceive it constitutes a gross deviation from the standard of care that a reasonable person would observe in the situation.

(2) A person acts "knowingly" with respect to conduct or to a circumstance described by a provision of law defining an offense when they are aware that their conduct is of that nature or that the circumstance exists; when knowledge of the existence of a particular fact is an element of an offense, that knowledge is established if a person is aware of a substantial probability of its existence, unless they actually believe it does not exist; a person who is unaware of conduct or a circumstance of which they would have been aware had they not been intoxicated acts knowingly with respect to that conduct or circumstance.

    (b) For the purposes of this chapter:

(1) "Alcoholic beverage" includes, but is not limited to, whiskey, brandy, rum, gin, wine, ale, porter, beer, and all other spirituous, vinous, malt, and other fermented or distilled liquors intended for human consumption and containing more than one percent alcohol by volume.

(2) "Drunken person" means a person whose physical or mental conduct is substantially impaired as a result of the introduction of any alcoholic beverage into their body and who exhibits those plain and easily observed or discovered outward manifestations of behavior commonly known to be produced by the over-consumption of alcoholic beverages.

(3) "Licensed premises" means any or all designated portions of a building or structure or real estate leased, used, controlled, or operated by a licensee in the conduct of business for which they are licensed by the state of Alaska, Alcoholic Beverage Control Board at the specific address for which the license is issued.

(4) "Licensee" means any person holding a license or required to be licensed pursuant to AS 04.11.010(a). (Ord. 607 §4, 1981)

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8.44.060 Exception for those nineteen years of age or older as of December 31, 1983
. Notwithstanding any other provisions of this chapter regarding age limitations, any person born on or before December 31, 1964, may be present upon licensed premises and may possess, consume, receive, or purchase alcoholic beverages if otherwise allowed under title 04 of the Alaska statutes, and a person may serve, deliver, dispense, furnish, or sell alcoholic beverages to a person born on or before December 31, 1964, if otherwise allowed under the provisions of AS 04. (Ord. 712 §12, 1984)

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8.44.070 Protective custody; fee established
. A person who has been placed in protective custody by the Kodiak police department pursuant to AS 47.37.170, and placed in the Kodiak jail or any other facility owned or operated by the city of Kodiak, shall be charged a fee for the protective custody services so provided. The amount of the fee shall be established from time to time by resolution of the city council. In addition to the foregoing fee, a person placed in protective custody shall be liable to the city of Kodiak for the cost of medical care, ambulance service or other special services rendered in connection with the protective custody. (Ord. 948, 1992)

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CHAPTER 8.48
NARCOTICS


For statutory provisions regarding controlled substances, see AS 11.71 and AS 17.30.



8.48.010 Use restrictions

8.48.020 Sale or possession of drug paraphernalia



8.48.010 Use restrictions
. No person shall have possession of, or be addicted to the use of a narcotic drug, or be under the influence of a narcotic drug in the city, except when such narcotic drugs are or have been prescribed or administered by or under the direction of a person licensed by the state of Alaska to prescribe and administer narcotics. (CCK §7.4.11)

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8.48.020 Sale or possession of drug paraphernalia
. (a) No person may knowingly sell or possess drug paraphernalia.

    (b) Any drug paraphernalia involved in any violation of subsection (a) of this section shall be subject to seizure and forfeiture by the City of Kodiak.

    (c) The term "drug paraphernalia" means any device, equipment, product, or material of any kind which is primarily intended or designed for use in processing, preparing, injecting, ingesting, inhaling, or otherwise introducing into the human body marijuana, cocaine, hashish, hashish oil, PCP or amphetamines, or any other substance possession of which is unlawful under chapter 11.71 of the Alaska Statutes. It includes, but is not limited to, small metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without screens, permanent screens, hashish heads, or punctured metal bowls which are commonly used for the ingestion of marijuana, cocaine or hashish.

    (d) This section shall not apply to

(1) any person authorized by local, State, or Federal law to manufacture, possess, or distribute such items; or

(2) any item that is traditionally intended for use with tobacco products, including any pipe, paper, or accessory, unless residue or other evidence indicates that the item in question has in fact been used to process, prepare, inject, ingest or inhale marijuana, cocaine, hashish, hashish oil, PCP or amphetamines or otherwise in connection with a substance possession of which is unlawful under chapter 11.71 of the Alaska Statutes.

    (e) A person charged with violating this section can dispose of the charge, by mail or in person, by paying a fine of $75.00 plus any surcharge required to be imposed by AS 29.25.07 and checking the "no contest plea" box on the back of the citation. Alternatively, the person may choose to appear in court and contest the citation. If found guilty, the maximum sentence which may be imposed is the fine amount plus any surcharge required to be imposed by AS 29.25.072. A person charged with a violation of this section does not have a right to a jury or to a court-appointed lawyer. (Ord. 1081, §8, 1998; Ord. 1056, 1997)
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CHAPTER 8.52
GAMING REGULATIONS


For statutory provisions regarding gambling, see AS 11.66.200C11.66.280. For statutory provisions regarding games of chance, see AS 05.15.010C05.15.210.

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8.52.010 Gaming operators prohibited

8.52.020 Repealed

8.52.030 Repealed

8.52.040 Repealed

8.52.050 Repealed

8.52.060 Repealed

8.52.070 Repealed

8.52.080 Repealed

8.52.090 Repealed

8.52.100 Repealed

8.52.110 Repealed



8.52.010 Gaming operators prohibited

    (a) No person may conduct any activity as an operator under AS 05.15 in the City.
    (b) A person who is convicted of violating this section shall be subject to a fine of not more than $1,000 plus any surcharge required to be imposed by AS 29.25.074. (Ord. 1198 §2, 2005; Ord. 695 §19, 1983: CCK §7.4.7(1))

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8.52.020 Frequenting gambling premises
. Repealed by Ordinance 1198 §1, effective December 22, 2005. Repealed section 8.52.020 derived from CCK §7.4.7(2).

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8.52.030 Possession of gambling apparatus or material
. Repealed by Ordinance 1198 §1, effective December 22, 2005. Repealed section 8.52.030 derived from CCK §7.4.7(3).

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8.52.040 Permitting premises to be used for gambling
. Repealed by Ordinance 1198 §1, effective December 22, 2005. Repealed section 8.52.040 derived from CCK §7.4.7(4).

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8.52.050 Permitting gambling
. Repealed by Ordinance 1198 §1, effective December 22, 2005. Repealed section 8.52.050 derived from CCK §7.4.7(5).

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8.52.060 Gaming operators prohibited
. Repealed by Ordinance 1198 §1, effective December 22, 2005. Repealed section 8.52.060 derived from Ord. 859 §1, 1989.

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8.52.070 Individual in charge
. Repealed by Ordinance 1198 §1, effective December 22, 2005. Repealed section 8.52.070 derived from Ord. 859 §2, 1989.

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8.52.080 Premises
. Repealed by Ordinance 1198 §1, effective December 22, 2005. Repealed section 8.52.080 derived from Ord. 859 §3, 1989.

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8.52.090 Reports and records
. Repealed by Ordinance Number 1047, effective May 12, 1997. Repealed section 8.52.090 derived from Ordinance Number 859 §4, 1989.

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8.52.100 Sales tax
. Repealed by Ordinance Number 1047, effective May 12, 1997. Repealed section 8.52.100 derived from Ordinance Number 859 §5, 1989.

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8.52.110 Forfeiture
. Repealed by Ordinance 1198 §1, effective December 22, 2005. Repealed section 8.52.110 derived from Ord. 859 §6, 1989.

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CHAPTER 8.56
OBSCENITY AND IMMORAL CONDUCT


For statutory provisions regarding disorderly conduct, see AS 11.61.100; for provisions regarding indecent exposure, see AS 11.41.460.Repeal of former sections 8.56.010, 8.56.020, 8.56.030, and 8.56.040COrdinance Number 465, effective August 8, 1976, repealed former sections 8.56.010, 8.56.020, 8.56.030, and 8.56.040.Former sections 8.56.010, 8.56.020, 8.56.030, and 8.56.040 derived from CCK  7.4.1(3), 7.4.1(9). 7.4.1(11). and 7.4.1(12).



8.56.010 Urinating in a public place

8.56.020 Indecent exposure and exhibition

8.56.030 Repealed

8.56.040 Repealed

8.56.050 Renumbered

8.56.060 Disorderly conduct

8.56.070 Repealed



8.56.010 Urinating in a public place
. (a) It is unlawful for any person to willfully urinate in or on a public street, parking lot, or any other public place or premises not specifically set aside and identified as a restroom by the owner of the place or premises where there are present other persons to be offended or annoyed by the act of urination.

    (b) In this section, "public place" is a place where the public is permitted to assemble, enter, or pass through, whether publicly or privately maintained, including but not limited to places of accommodation, transportation, business and entertainment, or any other place which is not a private place.

    (c) For the purposes of this section, a police officer who is on or off duty is considered a person to be offended or annoyed.

    (d) A violation of this section shall be punishable by a sentence of up to ten days in jail and a fine of up to five hundred dollars plus any surcharge required to be imposed by AS 29.25.072.

    (e) A person arrested for a violation of this section shall be entitled to release from custody upon posting two hundred and fifty dollars cash bail. (Ord. 1081, §9, 1998; Ord. 991 §3, 1994: Ord. 987 §2, 1994: Ord. 466 §1, 1976)

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8.56.020 Indecent exposure and exhibition
. (a) It is unlawful for a person to willfully and lewdly expose his or her person or the private parts of his or her person in a public place or in a place where there are present other persons to be offended or annoyed, or make other exhibition of the person to public view or to the view of a number of persons, which is offensive to decency, or which is adapted to excite vicious or lewd thoughts or acts.

    (b) For the purposes of this section, a police officer who is on or off duty is considered a person to be offended or annoyed. (Ord. 467 §1, 1976)

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8.56.030 Indecent exposure
. Repealed by Ordinance Number 465, effective August 8, 1976.

Repealed section 8.56.030 derived from CCK 7.4.1(11).

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8.56.040 Language
. Repealed by Ordinance Number 465, effective August 8, 1976.

Repealed section 8.56.040 derived from CCK 7.4.1(12).

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8.56.050 Hotel registration
. This section has been relocated and renumbered to section 5.44.010. (Ord. 695 §20, 1983)

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8.56.060 Disorderly conduct
. (a) No person may recklessly block the entry or exit of any public or private building.

    (b) No person may intentionally or knowingly insult, taunt, or challenge another person in a manner likely to provoke an immediate violent response from an average reasonable person. For the purposes of this paragraph, a police officer who is on or off duty is considered another person and, in determining whether or not certain conduct constitutes a violation of this paragraph, a different standard shall not be applied merely because the person toward whom the conduct is directed is a police officer.

    (c) A violation of this section shall be punishable by a sentence of up to ten days in jail and a fine of up to five hundred dollars plus any surcharge required to be imposed by AS 29.25.072.

    (d) A person arrested for a violation of this section shall be entitled to release from custody upon posting two hundred and fifty dollars cash bail. (Ord. 1081, §10, 1998; Ord. 1004, 1994: Ord. 991 §4, 1994: Ord. 987 §3, 1994: Ord. 366 (part), 1972: CCK 7.4.1(5))

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8.56.070 Violation of section 8.56.060
. Repealed by Ordinance Number 695, effective October 8, 1983.

Repealed section 8.56.070 derived from Ordinance Number 407 §2 (part), 1973, and Ordinance Number 366 (part), 1972.

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CHAPTER 8.60
PROSTITUTION


For statutory provisions regarding prostitution, see AS 11.66.100C11.66.150.



8.60.010 Definitions

8.60.020 Prohibited

8.60.030 Inducing another prohibited

8.60.040 Operation of place for prostitution

8.60.050 Knowingly owning place used for prostitution

8.60.060 Offering for prostitution

8.60.070 Transporting for prostitution

8.60.080 Accepting money from prostitute

8.60.090 Remaining in place for prostitution

8.60.100 Attending place where prostitution is permitted

8.60.110 Reputation admissible as evidence



8.60.010 Definitions
. (a) "Assignation" means the making of any appointment or engagement for prostitution, obscenity, or any act in furtherance of such appointment or engagement.

    (b) "Lewdness" means any obscene act.

    (c) "Prostitution" means the giving or receiving of the body for sexual intercourse for hire. (CCK 7.4.2(1))

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8.60.020 Prohibited
. No person shall engage in prostitution, obscenity, or assignation. (CCK 7.4.2(2))

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8.60.030 Inducing another prohibited
. No person shall solicit, induce, entice, invite, compel, force, require, or procure another to commit an act of obscenity, assignation, or prostitution. (CCK 7.4.2.(3))

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8.60.040 Operation of place for prostitution
. No person shall maintain or operate any place, house, building, vehicle, or trailer for the purpose of prostitution, obscenity, or assignation. (CCK 7.4.2(4))

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8.60.050 Knowingly owning place used for prostitution
. No person shall knowingly own any place, house, building, other structure, or part thereof, or vehicle, or trailer used for the purpose of obscenity, assignation, or prostitution, or let, lease, or rent, or contract to let, lease, or rent any such place, premises, or conveyance or part thereof, to another with knowledge or reasonable cause to believe that the intention of the lessee is to use such place, premises, or conveyance for prostitution, obscenity, or assignation. (CCK 7.4.2(5))

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8.60.060 Offering for prostitution
. No person shall offer, or offer to secure, another for the purpose of prostitution, or for any other obscene act. (CCK 7.4.2(6))

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8.60.070 Transporting for prostitution
. No person shall direct, take, or offer or agree to take or transport, or aid or assist in transporting another to any house, place, building, other structure, vehicle, trailer, or to any other person with knowledge or reasonable cause to believe that the purpose of such directing, taking, or transporting is prostitution, obscenity, or assignation. (CCK 7.4.2(7))

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8.60.080 Accepting money from prostitute
. No person shall knowingly accept, receive, levy, or appropriate any money or other thing of value without consideration from a prostitute or from the proceeds of any person engaged in prostitution. (Ord. 855 §4, 1989: CCK §7.4.2(8))

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8.60.090 Remaining in place for prostitution
. No person shall attend or frequent, reside in, enter, or remain in any house, place, building, or other structure, or enter or remain in any vehicle or trailer for the purpose of prostitution, obscenity, or assignation. (CCK §7.4.2(9))

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8.60.100 Attending place where prostitution is permitted
. No person shall attend or frequent, reside in, enter, or remain in any place where prostitution, obscenity, or assignation is practiced, encouraged, or allowed. (CCK §7.4.2(10))

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8.60.110 Reputation admissible as evidence
. In prosecutions under this chapter, common fame shall be competent evidence in support of the complaint, and testimony concerning the reputation of any place, structure, or building and of the person or persons who reside in or frequent the same and of the defendant shall be admissible in evidence in support of the charge. (CCK §7.4.2(11))

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CHAPTER 8.64
DISTURBING THE PEACE


For statutory provisions regarding disorderly conduct, see AS 11.61.110, and section 8.56.060 of this code.



8.64.010 Begging

8.64.020 Jostling people

8.64.030 Repealed

8.64.040 Enticing another into an automobile

8.64.050 Repealed

8.64.060 Repealed

8.64.070 Solicit another to commit illegal act



8.64.010 Begging
. It is unlawful for any person to beg in any street, alley, or public place. (CCK §7.4.1(6))

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8.64.020 Jostling people
. It is unlawful for any person to jostle or roughly crowd people unnecessarily in any street, alley, or public place. (CCK §7.4.1(7))

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8.64.030 Loitering
. Repealed by Ordinance Number 695, effective October 8, 1983.

Repealed section 8.64.030 derived from Ordinance Number 488 §1, 1977.

Repeal of former section 8.64.030, Ordinance Number 488, effective May 14, 1977, repealed former section 8.64.030, Vagrancy, and reenacted section 8.64.030, Loitering, in lieu of the repealed section.

The original section 8.64.030 derived from CCK §7.4.1(8).

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8.64.040 Enticing another into an automobile
. It is unlawful for any person to accost a person or endeavor to entice the person into an automobile. (CCK §7.4.1(13))

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8.64.050 Disorderly conduct
. Repealed by Ordinance Number 987, effective April 23, 1994.

Repealed section 8.64.050 derived from Ordinance Number 470, 1976, and CCK §7.4.1(14).

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8.64.060 Breach of peace
. Repealed by Ordinance Number 470, effective August 8, 1976.

Repealed §8.64.060 derived from CCK §7.4.1(16).

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8.64.070 Solicit another to commit illegal act
. It is unlawful for any person to solicit a person for the purpose of committing any illegal act. (CCK §7.4.1(18))

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CHAPTER 8.68
LIBRARY REGULATIONS



8.68.010 Definitions

8.68.020 Library rules

8.68.030 Prohibited acts

8.68.040 Penalties and remedies



8.68.010 Definitions
. As used in this chapter:

    (a) "Fine" or "fines" means penalties imposed by library rules for failure to return library material.

    (b) "Library" means the A. Holmes Johnson Memorial Library in Kodiak, Alaska.

    (c) "Library property" means any material which is the property of, or in custody of the library.

    (d) "Willfully mutilate" means to cut, tear, deface, break, injure, disfigure, damage, or destroy library property intentionally, recklessly, or with criminal negligence.

    (e) "Without authorization" means contrary to rules which set forth policies governing access to library materials including, but not limited to, eligibility for library patronage and lending procedures. (Ord. 817 (part), 1987)

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8.68.020 Library rules
. The library director shall promulgate rules pertaining to the use of property and facilities of the library. Such rules shall be set forth in writing, approved by the city manager, and made available for public review. (Ord. 817 (part), 1987)

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8.68.030 Prohibited acts
. The following acts are expressly prohibited:

    (a) Taking any library property without authorization;

    (b) Willfully detaining any library material whatsoever for more than thirty (30) days after being notified of overdue material; and

    (c) Willfully mutilating any library property. (Ord. 817 (part), 1987)

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8.68.040 Penalties and remedies
. (a) The library director shall revoke borrowing privileges for any person who accrues charges and/or fines for failure to return library material which remain outstanding for more than thirty (30) days. Such privileges shall be reinstated upon return of the material or payment of the charges in full, and/or payment of the fines in full.

    (b) Notification of overdue library material will be given to the patron by mail to the name and address shown on the library card. Mailed notice shall be deemed given upon deposit in the mail so addressed and with postage prepaid. Such notification shall include billing for the cost of the item(s) not returned.

    (c) The library director may prohibit any person from using the library who willfully or persistently violates any rule or regulation prescribed for the operation of such library, who is intoxicated while on library premises, or whose physical condition or actions are deemed dangerous or disruptive to others, or whose actions substantially interfere with the rights of other persons to the use of the library. No person shall fail to leave the library when so ordered by the library director or designee.

    (d) Violation of any provision of this chapter is an infraction and punishable pursuant to chapter 1.12 of this code in addition to any fines or charges levied by the library. (Ord. 817 part, 1987)

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CHAPTER 8.72
INTERFERENCE OR DAMAGE


For statutory provisions regarding offenses against property, see AS 11.46.



8.72.010 Malicious destruction or injury

8.72.020 Theft

8.72.030 Mutilation or interference with notices

8.72.040 Trespass

8.72.050 Automobile theft

8.72.060 Electrical interference prohibited



8.72.010 Malicious destruction or injury
. It is unlawful for any person to maliciously destroy or injure any public property or any private property not belonging to the person. (CCK §7.4.1(21))

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8.72.020 Theft
. It is unlawful for any person to steal any property of a value not exceeding one hundred dollars. (CCK §7.4.1(21))

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8.72.030 Mutilation or interference with notices
. It is unlawful for any person to interfere with, obstruct, mutilate, conceal, or tear down any official notice or placard posted by any city officer without permission from the officer. (CCK §7.4.1(22))

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8.72.040 Trespass
. It is unlawful for any person to trespass upon the private property of another without the property owner's consent. (CCK §7.4.1(27))

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8.72.050 Automobile theft
. It is unlawful for any person to enter and/or drive a vehicle not belonging to the person without the owner's consent. (CCK §7.4.1(29))

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8.72.060 Electrical interference prohibited
. It is unlawful for any person knowingly or wantonly to operate or cause to be operated any machine, device, apparatus, or instrument of any kind whatsoever within the city limits, the operation of which causes reasonably preventable interference with radio reception within the municipal limits; provided, however, that x-ray pictures, examinations, or treatments may be made at any time if the machines or apparatus used therefor are properly equipped to avoid all unnecessary or reasonably preventable interference with radio reception and are not negligently operated.

    Exceptions: This chapter does not cover the regulation of any transmitting, broadcasting, or receiving instrument, apparatus, or device useful in interstate commerce or the operation of which instrument, apparatus, or device is licensed or authorized by or under the provisions of any act of the congress of the United States. (CCK §7.4.13)
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CHAPTER 8.76
STOLEN, LOST, OR ABANDONED PROPERTY


Repeal of former Chapter 8.76COrdinance Number 898, effective March 16, 1991, repealed former Chapter 8.76 and enacted new Chapter 8.76 in lieu of the repealed provisions. Former Chapter 8.76 derived from Ord. 751. Repeal of prior Chapter 8.76COrdinance Number 751, effective January 26, 1985, repealed prior Chapter 8.76 and enacted new Chapter 8.76 in lieu of the repealed provisions. Prior Chapter 8.76 derived from CCK §7.2.3; Ord. 695 §23, 1983.



8.76.010 Disposal authority

8.76.020 Sale; notice; claims before sale

8.76.030 Sale; proceeds

8.76.040 Transfer; when

8.76.050 Claims after sale

8.76.060 Found property

8.76.070 Weapons

8.76.080 Dangerous or perishable property; immediate disposal

8.76.090 Notification and sale costs



8.76.010 Disposal authority
. Whenever the chief of police has any property, including money, the ownership of which is unknown, and which is unclaimed for 60 days after the said property came into the chief's possession, or any property that has been stolen and is not claimed by the owner within 60 days after the conviction of the person for stealing the property, the chief of police shall report the fact to the city manager and request authority to dispose of it as provided in this chapter. (Ord. 898 (part), 1991)

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8.76.020 Sale; notice; claims before sale
. The city manager shall act upon the request promptly after its receipt from the chief of police. If the request is to have the property disposed of by public sale, and if the city manager approves the request, the chief of police shall post written notice of sale in three public places within the city at least ten days before the sale and, unless the chief of police determines that the cost of publication is disproportionate to the value of the property, shall cause said notice to be published in a newspaper of general circulation once a week for two weeks prior to the sale. The notice shall describe the property, including money, and shall state the time and place of public sale at which the property, if it is other than money, may be purchased by the highest bidder. Until the date of the sale, the property, including money, may be claimed at the police department. If ownership is proven, the chief of police shall release the property, including money, to the owner and cancel the sale insofar as the claimed property is concerned. If the property is money, it shall become the property of the city at the time specified in the notice unless otherwise claimed or reclaimed in accordance with this chapter. (Ord. 898 (part), 1991)

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8.76.030 Sale; proceeds
. The chief of police, or designee, shall conduct the sale and shall turn over the proceeds thereof, including any unclaimed money, to the finance director for credit to the general fund. (Ord. 898 (part), 1991)

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8.76.040 Transfer; when
. Following the sale authorized by this chapter the chief of police, with the approval of the city manager, may transfer any unsold property to the city for use by any city department. (Ord. 898 (part), 1991)

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8.76.050 Claims after sale
. If within six months following the sale of unclaimed property, the owner of the property, including money, files with the city clerk's office a claim for the property and proves ownership of same, the city manager shall direct that the amount derived from the sale or the money, less expenses of the sale, shall be paid to the owner from the city treasury. The city manager shall not approve any claims filed more than six months after the sale. If the property is transferred to the city in lieu of sale, it may be claimed by the lawful owner thereof at any time within one year from the date of transfer. The chief of police in disposing of property in the manner provided herein shall not be liable to the owner thereof. (Ord. 898 (part), 1991)

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8.76.060 Found property
. Property found and delivered to the police department may be claimed by and delivered to the lawful owner upon proof of ownership satisfactory to the chief of police. If such property is not claimed by the lawful owner within 60 days after being delivered to the chief of police, it shall be disposed of in accordance with this chapter. Before offering such property for sale at public auction, however, the chief of police shall notify the finder, and if the finder files a written request for return of the property prior to the date of the auction, it shall not be sold but shall be returned to the finder. Nothing in this section shall entitle a person who has found and delivered to the police department a weapon or dangerous or perishable property to its return. (Ord. 898 (part), 1991)

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8.76.070 Weapons
. When property which is subject to disposal under this chapter is a gun, knife or other weapon, the chief of police may recommend and the city manager may order that it be destroyed or that it become the property of the police department rather than being sold at public auction. (Ord. 898 (part), 1991)

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8.76.080 Dangerous or perishable property; immediate disposal
. Property in the possession of the police department and determined by the police chief to be perishable or to constitute an immediate danger to the public may be disposed of immediately in any manner without notice of sale. Proceeds of any such disposition shall be subject to this chapter. (Ord. 898 (part), 1991)

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8.76.090 Notification and sale costs
. Before returning property to a finder or owner, and before delivering money to the treasury, the police chief shall require a reasonable fee from the person receiving the property or money delivered for the costs of notice, publication and sale attributable to the property or money delivered. The proceeds from that fee shall be deposited into the general fund. The police chief may waive this requirement for a good cause. (Ord. 898 (part), 1991)

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CHAPTER 8.84
CURFEW



8.84.010 Persons under eighteen, over fifteen

8.84.020 Persons under sixteen

8.84.030 Parental responsibility



8.84.010 Persons under eighteen, over fifteen
. No person under the age of eighteen years and over the age of fifteen years shall be upon the public streets, alleys, parks, public buildings, places of amusement and entertainment, vacant lots, or other unsupervised places between eleven p.m. Sunday through Thursday, twelve midnight on Fridays and Saturdays, and five a.m. of the following day, unless such person is accompanied by and in the charge of a parent, guardian, or other adult person, or upon any emergency errand or legitimate business directed by the person's parent, guardian, or other adult person having the care and custody of the minor; provided that for special religious, school, or civic events the curfew hour shall be one a.m. (CCK §7.4.4(2))

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8.84.020 Persons under sixteen
. No person under the age of sixteen years shall be upon the public streets, alleys, parks, public buildings, places of amusement and entertainment, vacant lots, or other unsupervised places, between nine-thirty p.m. Sundays through Thursdays, ten p.m. Fridays and Saturdays, and five a.m. of the following day, unless such person is accompanied by and in the charge of the person's parent, guardian, or other adult person, or upon an emergency errand or legitimate business directed by the person's parent, guardian, or other adult person having the care and custody of the minor; provided that for special religious, school, or civic events the curfew hour shall be twelve midnight. (CCK §7.4.4(2))

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8.84.030 Parental responsibility
. No parent, guardian, or other person having the custody and control of children under the age of eighteen years and over the age of fifteen years, or of children under the age of sixteen years, respectively, shall allow such child to go or be upon any public street or other places as listed in this chapter during the respective hours listed in sections 8.84.010 and 8.84.020, unless such child is accompanied by the child's parent or other competent and adult person, or is upon an emergency errand or legitimate business directed by a 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 chapter, the presence of any person under the age of eighteen years and over the age of fifteen years, or of any person under the age of sixteen years, respectively, unattended as herein required, upon any of the public streets or other places as listed in this chapter, is prima facie evidence of the guilt of such parent, guardian, or other person having the custody and control of such child, and of the violation of the provisions hereof. (CCK §7.4.4(3))

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CHAPTER 8.88
TOBACCO AND FIREARMS


For statutory provisions prohibiting the giving or selling of tobacco to minors, see AS 11.76.100. For statutory provisions regarding the regulation of firearms, see AS 29.35.145



8.88.010 Tobacco sale

8.88.020 Firearms

8.88.030 Repealed



8.88.010 Tobacco sale
. It is unlawful for any person to sell cigarettes or tobacco in any form to children under nineteen years of age. (Ord. 855 §5, 1989: CCK §7.4.1(24))

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8.88.020 Firearms
. It is unlawful without consent of a minor's parent or guardian for any person to give, barter, sell, lease, or otherwise make available to any such minor under the age of eighteen years, any firearms, including but not limited to pistols, rifles, and shotguns. (Ord. 782, 1985: CCK §7.4.3)

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8.88.030 Alcoholic beverages
. Repealed by Ordinance Number 712 §13, effective February 25, 1984.

Repealed section 8.88.030 derived from CCK §7.4.9.

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CHAPTER 8.92
CHILD ABUSE



8.92.010 Inflicting suffering

8.92.020 Immorality in presence of child



8.92.010 Inflicting suffering
. It is unlawful for any person to willfully cause or permit any child to suffer, or to inflict thereon unjustifiable physical pain or mental suffering, or, having the care or custody of any child, to cause or permit the life or limb of such child to be endangered or the health of such child to be injured, or to willfully cause or permit such child to be placed in such situation that its life or limb may be endangered or its health likely to be injured. (CCK §7.4.5)

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8.92.020 Immorality in presence of child
. It is unlawful for any person to, in the presence of any child, indulge in any degrading, lewd, immoral, or vicious habits or practices, or be habitually drunk in the presence of any child in the person's care, custody, or control. (CCK §7.4.6)

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CHAPTER 8.96
WEAPON POSSESSION; DISCHARGE


For statutory provisions regarding offenses involving the use of weapons, see AS 11.61.190-11.61.220.



8.96.010 Repealed

8.96.020 Repealed

8.96.030 Sale of knives

8.96.040 Prohibited to intoxicated persons



8.96.010 Discharge prohibited
. Repealed by Ordinance No. 1100, effective October 9, 1999. Repealed section 8.96.010 derived from CCK §7.4.1(4): CCK §7.4.1(31).

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8.96.020 Concealed weapons
. Repealed by Ordinance Number 695, effective October 8, 1983.

Repealed section 8.96.020 derived from CCK §7.4.1(20).

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8.96.030 Sale of knives
. It is unlawful for any person to sell, offer for sale, or display any dirk knife or knives having the appearance of a pocket knife, the blade or blades of which can be opened by manipulating a button or exerting pressure on the handle, or by other mechanical devices. (CCK §7.4.1(30))

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8.96.040 Prohibited to intoxicated persons
. It is unlawful for any person under the influence of alcohol to have in the person's possession firearms of any type. (CCK §7.4.10)
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CHAPTER 8.98

FEES FOR POLICE PROTECTION SERVICES


For statutory provision, see AS 29.35.125

8.98.010 Definitions
8.98.020 Fees for police protection services
8.98.030 Notice to property owner
8.98.040 Corrective action
8.98.050 Lien on property

8.98.010 Definitions. In this chapter, unless otherwise specified or unless the context requires otherwise:
(a) "Dwelling unit" means a structure or portion thereof providing independent and complete cooking, living, sleeping and toilet facilities for one or more persons living as a single housekeeping unit.
(b) "Excessive police response" means each police response in excess of eight to a single dwelling unit in a residential property.
(c) "Owner," when used in reference to a residential property, means the record owner or owners of the residential property as shown in the real property records.
(d) "Police response" means that one or more police officers goes to a residential property in response to a call for assistance, a complaint, an emergency or a potential emergency; provided that the term "police response" does not include a response to a call involving potential child neglect, potential domestic violence as defined in AS 18.66.990, or potential stalking under AS 11.41.260 or 11.41.270.
(e) "Residential property" means a parcel, tract or lot, shown as an individual unit on the most recent plat of record, that contains one or more dwelling units.

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8.98.020 Fees for police protection services. (a) Subject to subsection (b), the owner of a residential property shall pay the City a fee of $150 for each excessive police response to the residential property during a calendar year.
(b) The owner of a residential property shall be liable for the fee established by subsection (a) only if:
        (1) The City has notified the owner in writing as provided in Section 8.98.030 that the fee will apply to each excessive police response to the residential property during the calendar year;
        (2) The time allowed for appropriate corrective action under Section 8.98.040 has expired; and
        (3) The owner has not taken appropriate corrective action as required by Section 8.98.040.
(c) If a residential property has more than one owner, all owners shall be jointly and severally liable for any fee imposed under this section.
(d) For residential property owned as a condominium, a fee based on excessive police response to a single dwelling unit shall be assessed against the owner of the dwelling unit.

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8.98.030 Notice to property owner.  (a) The City shall notify the owner of a residential property in writing when there have been eight police responses in the current calendar year to a single dwelling unit in the residential property.
(b) A notice under this section shall be given in a manner that is reasonably calculated to provide actual notice to the owner of the residential property. At a minimum, the notice shall be sent by certified mail, return receipt requested, to the mailing address of the owner as shown on the City or Borough real property tax records. If the residential property has a different street address, the notice shall be sent to that street address. The City shall also give notice in a similar fashion at another address where it appears more likely that the owner will receive actual notice at that address. Such other address may include, without limitation, an address identified from the telephone directory, public records, or prior police contacts with the residential property or the owner. The notice shall also be posted at the principal entrance to the residential property.
(c) The notice shall:
        (1) Identify the residential property that is the subject of the notice by street address and legal description, and identify the dwelling unit to which the police responses have been made if there is more than one dwelling unit in the residential property;
        (2) State that there have been eight police responses to a dwelling unit in the residential property during the current calendar year;
        (3) State that if the owner does not take appropriate corrective action, the owner will be liable for a fee for each excessive police response to the residential property during the calendar year;
        (4) Identify the amount of the fee per excessive police response to the residential property; and
        (5) State the name and telephone number of a representative of the City to contact concerning the notice.

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8.98.040 Corrective Action. (a) An owner of a residential property shall have 30 days from the date of the mailing of the notice required under Section 8.98.030 to promptly take appropriate corrective action in response to the notice. Appropriate corrective action shall be action that reasonably would be expected to correct the cause of the police responses to the residential property, and may include, without limitation, written notice to quit under AS 9.45.100 - 9.45.110.
(b) There shall be no fee assessed for additional police responses to the residential property that is the subject of the notice during the 30-day corrective action period allowed under (a) of this section, if the owner takes appropriate corrective action during the 30-day period. The owner shall be considered to have taken appropriate corrective action if there are no additional police responses to the residential property from the end of the 30-day period until the earlier of:
        (1) The end of the calendar year; or
        (2) A date 90 days after the end of the 30-day period allowed under (a).

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8.98.050 Lien on property.

(a) A fee imposed under Section 8.98.020 shall be recorded as a lien on the residential property to which there have been an excessive number of police responses.
(b) The lien shall become effective upon the recording of a notice of the lien that describes the residential property that is the subject of the lien, states the amount of the fees for which the lien has been recorded, and states that the lien has been recorded pursuant to this section.
(c) When notice of a lien has been recorded under (b) of this section, the lien has priority over all other liens except:
        (1) Liens for property taxes, special assessments, and sales and use taxes;
        (2) Liens that were perfected before the recording of the lien under this subsection; and
        (3) Mechanics' and materialmen's liens for which claims of lien under AS 34.35.070 or notices of right to lien under AS 34.35.064 have been recorded before the recording of the lien under this section. (Ord. 1181, 2005)

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