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Title 10
PUBLIC PEACE, SAFETY AND MORALSChapters:
I. Offenses By or Against Public Officers and Government
10.04 Corrupt Practices
10.08 City and Borough Prisoners
II. Offenses Against the Person
(Reserved)III. Offenses Against Health and Safety
10.24 Fireworks
IV. Offenses Against Public Decency
10.40 Gambling
10.44 Liquor Regulations
10.48 Prostitution
10.50 Hotel Registration
V. Offenses Against the Public Peace
10.52 Disorderly Conduct
VI. Offenses Against Property
10.56 Larceny
VII. Consumer Protection
(Reserved)VIII. Offenses By or Against Minors
10.72 Juvenile Curfew
10.76 Loitering
10.80 Detention of Minors
10.84 Liquor Regulations
IX. Weapons
10.88 Firearms
X. Alarms
10.90 False Alarms
NOTE: Footnotes are numbered throughout the text and are located at the end of this title.
I. Offenses By or Against Public Officers and Government
Chapter 10.04
CORRUPT PRACTICES1Sections:
10.04.010 Purpose.
10.04.020 Definitions.
10.04.030 Unlawful acts.
10.04.010 Purpose.
It is the purpose of this chapter to define certain corrupt practices and provide for the punishment therefor in an attempt to maintain an atmosphere of free discussion of the issues before the municipality and continue the free workings of the municipal administration. (Ord. 73-59 § 3 (part), 1973.)
10.04.020 Definitions.
The words and phrases used in this chapter shall have the following meanings:
A. “Accepting a bribe” means the acceptance of any of the items stated in subsection (C) by any assemblyman, official or employee of the municipality;
B. Blackmail. Either of the following constitutes blackmail:
1. Threat to accuse another of a crime, or of immoral conduct which, if true, would tend to degrade and disgrace him, or to expose or publish any of his infirmities or failings; provided that the threat is made with the intent to extort pecuniary advantage or property from him or with intent to compel him to do an act or refrain therefrom against his will,
2. Threaten to subject another to the ridicule or contempt of society; provided that the threat is made with the intent to extort pecuniary advantage or property from him or with intent to compel him to do an act or refrain therefrom against his will,
3. That the matters threatened to be exposed in this section are true or did occur is no defense;
C. “Bribery” means to give, offer or promise to give a gift or gratuity, or to corruptly promise to do or cause to be done an act, beneficial to an assemblyman, official, or employee of the municipality, with intent to influence the vote, opinion, decision, judgment or official conduct of the person in question concerning the municipality;
D. Coercion. Any one of the following acts done for the purpose of influencing or attempting to influence any assemblyman or municipal employee or official to do or not to do any act shall constitute coercion:
1. Either by verbal or written means, to make threats concerning possible physical harm, to any assemblyman, official or employee, or members of their immediate families.
2. Either by verbal or written means to make threats concerning possible harm to the property of any assemblyman, official or employee, or to the property of his employer or to any property in which immediate family have an interest. The threat to withdraw business is deemed a threat concerning possible harm to property;
E. “Undue influence” means the influencing, obstructing, impeding or the attempt to influence, obstruct or impede the legislative or executive administration of the municipality by corruption, force, threats or by threatening letter or communication.
(Ord. 73-59 § 3 (part), 1973.)
10.04.030 Unlawful acts.
Coercion, bribery, accepting a bribe, undue influence and blackmail, as set forth above, are declared unlawful acts and any person convicted for such acts shall be guilty of a misdemeanor and punishable by fine of not more than three hundred dollars or by imprisonment for not more than thirty days, or by both. (Ord. 73-59 § 3 (part), 1973.)
Chapter 10.08
CITY AND BOROUGH PRISONERSSections:
10.08.010 Escaping from municipal jail or custody of municipal officers.
10.08.020 Definitions.
10.08.030 Unauthorized contact with prisoners.
10.08.040 Aiding escape.
10.08.010 Escaping from municipal jail or custody of municipal officers.
Whoever escapes from the municipal jail while serving a term therein, or escapes from the custody or constructive custody of any municipal officer, or who gives his word or parole that he will return to jail or to the custody or constructive custody of any municipal officer, but who fails his word, is guilty of a misdemeanor and, upon conviction, may be punished by a fine of not more than three hundred dollars, or by imprisonment of not more than thirty days, or by both. (Ord. 74-130 § 3, 1974.)
10.08.020 Definitions.
The terms and phrases used in this chapter shall have the following meanings:
A. “Verbal contact” means talking, phoning or otherwise orally communicating with a prisoner in any form.
B. “Physical contact” means touching a prisoner, handling an object or receiving an object from a prisoner by his handing it to the person in question, or leaving any object in any location for the purpose of receiving or transmitting unauthorized objects to or from prisoners.
C. “Prisoner” means an inmate of the municipal jail.
(Ord. 73-59 § 3 (part), 1973.)
10.08.030 Unauthorized contact with prisoners.
It is unlawful for any unauthorized person to:
A. Have any verbal or physical contact with a prisoner confined in the municipal jail;
B. Loiter in the area of the municipal jail or in the area of the police office;
C. Fail to leave the area of the municipal jail or police office promptly after request from a police officer unless the person has official business waiting to be transacted.
(Ord. 73-59 § 3 (part), 1973.)
10.08.040 Aiding escape.
A. It is unlawful for any person to aid, abet or counsel the escape of a prisoner from the municipal jail, or from any municipal officer lawfully having custody of such prisoner.
B. A violation of the provisions of this section is a misdemeanor, punishable by a fine of not more than five hundred dollars, or imprisonment for not more than thirty days, or by both.
(Ord. 76-229 § 3(1), 1976: Ord. 73-59 § 3 (part), 1973).
II. Offenses Against the Person
(Reserved)III. Offenses Against Health and Safety
Chapter 10.24
FIREWORKS2Sections:
10.24.010 Title.
10.24.020 Prohibition on sale.
10.24.030 Prohibition on use.
10.24.040 Exceptions for authorized displays.
10.24.050 Permissible sales and uses.
10.24.060 Fireworks defined.
10.24.010 Title.
This chapter shall be known and cited as the “fireworks control ordinance of the city and borough.” (B.C.S. § 12.04.010.)
10.24.020 Prohibition on sale.
It is unlawful for any person, business, corporation, association, club or organization to sell, expose for sale, or offer for sale any fireworks within the corporate limits of the city and borough. (B.C.S. § 12.04.020.)
10.24.030 Prohibition on use.
It is unlawful for any person, business, corporation, association, club or organization to use or explode any fireworks, except as otherwise provided by this chapter within the municipal limits of the city and borough. (B.C.S. § 12.04.030.)
10.24.040 Exceptions for authorized displays.
A. Fireworks may be used for public displays by municipalities, fair associations, amusement parks and other organizations or groups of individuals, provided that:
1. A permit is obtained from the administrator or any employee designated by him; and
2. A bond is filed with the city and borough in the amount of at least five hundred dollars to ensure payment of all damages to persons or property caused by the display. The bond requirement will not be operative if the holder of the permit has in effect an insurance policy which accomplishes the same purpose as the bond.
B. No permit is transferable.
(B.C.S. § 12.04.040.)
10.24.050 Permissible sales and uses.
Nothing in this chapter shall be construed to prohibit:
A. Any resident wholesaler, dealer, or jobber from selling at wholesale those fireworks which are not prohibited in this chapter;
B. The sale of any kind of fireworks if the fireworks are to be shipped directly from the state in accordance with regulations of the United States Interstate Commerce Commission;
C. The use of fireworks by vessels or other transportation agencies for signal purposes or illumination;
D. The use of flashlight composition in normal amounts by photographers or dealers in photographic supplies;
E. The sale or use of blank cartridges for a show or a theater;
F. Use of fireworks for signal or ceremonial purposes in athletic events or parades; and
G. Use by military organizations.
(B.C.S. § 12.04.050.)
10.24.060 Fireworks defined.
“Fireworks” includes any combustible or explosive composition or any substance or combination of substances or article prepared for the purpose of producing a visible or an audible effect by combustion, explosion, deflagration or detonation, and includes blank cartridges, toy pistols, toy cannons, toy canes, or toy guns in which explosives are used, balloons which require explosive propellant, firecrackers, torpedoes, skyrockets, Roman candles, Daygo bombs, or other fireworks of like construction, which contain any explosives or flammable compound, or any tablets or other device containing any explosive substance, except that the term “fireworks” does not include sparklers, auto flares, paper caps containing not in excess an average of twenty-five hundredths of a grain of explosive content per cap manufactured in accordance with the Interstate Commerce Commission regulations for packing and shipping, as provided therein, and toy pistols, toy canes, toy guns or other devices for use of such caps, the sale and se of which shall be permitted at all times. (B.C.S. § 12.04.060.)
IV. Offenses Against Public Decency
Chapter 10.40
GAMBLING3Sections:
10.40.010 Prohibited.
10.40.020 State games of chance permit.
10.40.030 Places where gambling or unlicensed liquor traffic conducted as nuisances.
10.40.040 Seizure and destruction of gambling devices.
10.40.010 Prohibited.
A person who deals, plays, carries on, opens or causes to be open, or who conducts, either as owner, proprietor or employee, whether for hire or not, a game or faro, monte, roulette, rouge-et-noir, lansquenet, rondo, vingt-et-un, twenty-one, poker, draw poker, brag, bluff, thaw, craps, or a banking or other game played with cards, dice, or other device, whether played for any prize, money, checks, chips, credit representing money, or other representative of value, is guilty of a misdemeanor. (Ord. 73-59 § 3 (part), 1973.)
10.40.020 State games of chance permit.
A. It shall not be considered a violation of Section 10.40.010 when a permit is obtained by a municipality or qualified organization, as defined in AS 5.15.210(28), from the state, pursuant to state law for the purpose of conducting bingo, raffles, lotteries, ice classics, dog mushers contest, fish derbies or lawful contests of skill or chance and such games are operated by that municipality or qualified organization.
B. Operators, as defined by AS 5.15.210(24), are prohibited from conducting activities under this chapter within the city and borough of Sitka.
(Ord. 89-872 § 4, 1989.)
10.40.030 Places where gambling or unlicensed liquor traffic conducted as nuisances.
A place where gaming or gambling is carried on or where a banking or other game is played with cards, dice, or other device, whether played for any prize, money, checks, chips, credit representing money, or other representative of value, or where unlicensed manufacture, sale, or drinking of intoxicating liquor is allowed or where persons are permitted to resort for the purpose of gaming or gambling, and all implements or property used and kept in maintaining such places are declared to be common nuisances. A person who maintains, aids or abets or is associated in maintaining such a place is guilty of a misdemeanor. (Ord. 73-59 § 3 (part), 1973.)
10.40.040 Seizure and destruction of gambling devices.
A police officer designated by the chief of police shall seize and shall destroy a gambling implement provided no appeal has been filed within fifteen days of the seizure. (Ord. 73-59 § 3 (part), 1973.)
Chapter 10.44
LIQUOR REGULATIONS4Sections:
10.44.010 Definitions.
10.44.020 Scope of provisions.
10.44.030 License required.
10.44.040 Application for license.
10.44.050 Limitation of number of licenses.
10.44.055 Review of application for outdoor recreation lodge liquor licenses.
10.44.060 Persons forbidden to have liquor.
10.44.070 Offers of sale and presence on licensed premises (standard closing hours).
10.44.080 Drinking in public.
10.44.085 Open containers.
10.44.090 Possession of alcoholic beverages for delivery.
10.44.110 Transport of alcoholic beverages during closed hours.
10.44.010 Definitions.
The terms and phrases used in this chapter shall have the following meanings:
A. Whenever the term “intoxicating liquor” is used, it shall be deemed to include whiskey, rum, gin, wine, ale, porter, beer, hoochinoo, and all spirituous, vinous, malt and other fermented or distilled liquors having an alcoholic content of more than one percent of alcohol by volume; and “beer” includes ale and porter; and “hard and distilled liquor” includes all intoxicating liquors except beer and wine;
B. “Malt beverages” means ale, wine, beer and other alcoholic beverage of less than twenty percent alcohol;
C. “Minors” shall be defined as anyone less than twenty-one years of age;
D. “Off-sale license” (also known as “package stores”) means a license whereby the sale, but not the consumption, of liquor contained in sealed bottle or packages as packed by the various distributors is authorized;
E. “On-sale license” means a license whereby the consumption and sale of liquor by the drink is authorized on the premises;
F. “Wholesale license, liquor” means a license authorizing the sale to licensed dealers of intoxicating liquor;
G. “Wholesale license, malt beverage” means a license authorizing the sale to licensed dealers of malt beverages.
(Ord. 85-665 § 4(A), 1985; Ord. 73-59 § 3 (part), 1973.)
10.44.020 Scope of provisions.
The provisions contained herein shall apply to all places where liquor of any description as herein defined is sold, vended, bartered or furnished. (Ord. 73-59 § 3 (part), 1973.)
10.44.030 License required.
Alaska Statute Section 04.10.020 designating a classification of licenses is incorporated herein and made a part hereof, and the sale of hard or distilled liquor, including wine and beer by any person, firm or corporation is prohibited anywhere except under and by virtue of a license secured from the Director of the Alcoholic Beverage Control Board, and the sale, barter or consumption of intoxicating liquor, including wine and beer, on any premises not covered by a license under the classifications in Section 10.44.010 is prohibited. (Ord. 73-59 § 3 (part), 1973.)
10.44.040 Application for license.
A. By Persons Not Previously Holding Current Licenses. At such time as a license is applied for by one not a previous license holder, the municipal clerk shall give notice of such application as follows:
1. Notice shall be posted on the premises ten days prior to the assembly meeting at which application will be heard. All time limitations, however, may be decreased at the discretion of the municipal clerk to meet any period specified by the Director of the Alcoholic Beverage Control Board;
2. Notice shall be published once in a local newspaper at least one week before such meeting;
3. The notice shall contain the time and place of assembly meeting; the type of license applied for; the name of all applying persons; and inform the public that any protest may be lodged with the assembly at that time;
4. Give proof to the assembly at the time of hearing of compliance with all phases of this chapter, as well as complete listing of any police record and past experience in the liquor business.
B. By Persons Previously Holding Current Licenses. The individuals or groups of individuals holding existing licenses shall not be affected by subsection (A) and shall have the right to apply for renewal of their licenses unless disqualified on grounds other than contained herein. (Ord. 73-59 § 3 (part), 1973.)
10.44.050 Limitation of number of licenses.
A. There shall be no more than one liquor license of each type authorized in the municipality for each one thousand five hundred residents or part thereof according to the most recent census should the assembly deem that accurate at the time in question, or by such reasonable estimate of the population as the assembly may set from time to time.
B. Notwithstanding subsection (A), the assembly may in its discretion approve the issuance of a license without regard to the quota provisions of this section where it appears that such issuance or transfer will encourage the construction or substantial improvement of a hotel, motel, resort, or similar business related to the tourist trade where the construction or substantial improvement of such hotel, motel, resort or similar business related to the tourist trade results in a minimum accommodation of thirty rooms, or where it appears that the issuance of such a license meets all of the following qualifications:
1. The serving of alcoholic beverages is supplemental to the serving of food;
2. That the assembly finds the issuance of such a license is advantageous and of benefit to the municipality and public.
C. Should a holder of a license issued under subsection (B) fail to continue to meet the qualifications under which the license was issued, the annual approval of the license may be withheld by the assembly.
(Ord. 73-59 § 3 (part), 1973.)
10.44.055 Review of application for outdoor recreation lodge liquor licenses.
A. Consistent with the assembly’s prerogative to comment on new liquor license applications and renew applications, criteria are established in this section to guide the assembly in its deliberations on applications for outdoor recreation lodge liquor license referrals by the Alaska Alcoholic Beverage Control Board.
B. Definitions. The terms and phrases used in this section shall have the following meanings:
1. “Lodge” means a premises that provides lodging (room and board) accommodations for use by visitors engaging in recreational activities and includes a variety of related services. Lodges on islands may include satellite small cabins along with the main structure;
2. “Outdoor recreation lodge liquor license” means a licensed business that provides overnight accommodations and meals, is primarily involved in offering opportunities for persons to engage in outdoor recreation activities, and has a minimum of two guest rooms. An outdoor recreation lodge liquor license may not be transferred. An outdoor recreation lodge liquor license authorizes the holder to sell alcoholic beverages to a registered overnight guest or off-duty staff of the lodge for consumption on the licensed premises or in conjunction with purchased outdoor recreation activities provided by the licensee, as provided in Alaska Statute 04.11.225;
3. “Sitka road system” includes the developed road area along and extending from Halibut Point Road, Sawmill Creek Road, Harbor Drive, and the airport access road on Baranof Island, Japonski Island, and Alice Island;
4. “Subdivided island” includes all islands that have been divided into two or more lots or which are connected with an adjacent island at mean low tide;
5. “Zoned area of Sitka Sound” means the area currently zoned in Sitka Sound between Dog Point and Cape Burunof.
C. Use of Review Criteria. The assembly shall refer to the criteria below in the review of an application for an outdoor recreation lodge liquor license. These criteria are a guide that should be followed in determining whether or not to object to the license application. The criteria shall be referenced in any official position on a new license or a renewal application. In the event the assembly determines that it is in the public interest to take a position that is contrary to the criteria below, the assembly shall issue a specific finding that states why the specific criteria should not be applied to the specific license application.
D. Applicant’s Burden. It is the responsibility of the applicant for the license or renewal license to document that the applicant has complied with the criteria in the relevant section or sections below.
E. Outdoor recreation lodge liquor licenses on islands in Sitka Sound, or lodges located at least one mile beyond the Sitka road system in Sitka Sound, are considered appropriate when all of the criteria below are met:
1. Lodge is located on unsubdivided islands in or at least one mile from the Sitka road system, and is wholly owned by an individual, corporation, or partnership;
2. Lodge operation is the sole or primary use of the parcel and the lodge is not operated in conjunction with another lodge, bed and breakfast, short-term rental, or series of short-term rentals;
3. Lodge is on an island that is not immediately adjacent to islands that are primarily used for permanent ongoing residential uses, or the lodge is at least one mile from the Sitka road system and the adjacent parcels within one-half mile of the lodge are not primarily used for permanent ongoing residential uses;
4. Lodge is owned by an individual, partnership, or corporation that has a long and established history of successful recreation lodge operations;
5. The lodge routinely serves evening meals to guests; and
6. It can be confirmed that the lodge is in full compliance with building codes, zoning codes, and sales tax regulations.
F. Outdoor recreation lodge liquor licenses on islands in Sitka Sound are considered inappropriate when any of the circumstances exist:
1. Another lodge, bed and breakfast, or series short-term rental exists on the same parcel;
2. Lodge is not the primary use of the parcel;
3. It cannot be confirmed that the lodge is in full compliance with building codes, zoning codes, or sales tax regulations;
4. Adequate dock and loading structures do not exist to provide adequate access to and from the lodge; or
5. Access to the lodge property is through an easement that crosses another privately owned parcel.
G. Outdoor recreation lodge liquor licenses on subdivided islands in Sitka Sound may be considered appropriate if they do not meet the criteria in subsection F of this section and it can be found by the assembly that the issuance of the liquor license will not adversely affect the other property or properties on the subdivided island where it is located. In these cases, the lodge must routinely serve evening meals to guests and be in compliance with all sales tax regulations.
H. Outdoor recreation lodge liquor licenses in outlying areas in the city and borough of Sitka outside of Sitka Sound are considered appropriate in most circumstances when the lodge routinely serves evening meals to guests and is in compliance with all sales tax regulations.
I. No outdoor recreation lodge liquor license along the Sitka road system is appropriate. (Ord. 06-19 (A-1) § 4(A), 2006.)
10.44.060 Persons forbidden to have liquor.
It is unlawful to give, barter or sell any intoxicating liquors including beer and wine to any person under the age of twenty-one years, to any intoxicated person, or to any habitual drunkard; and it is unlawful for any licensee to permit giving, bartering, selling or drinking of any intoxicating liquor within the premises covered by any license to or by any of the forbidden classes nor shall such licensee permit the drinking of hard or distilled liquors by such person or persons upon the premises covered by his license.
The drinking of intoxicating liquors on the premises covered by any license by any of the forbidden classes, or the presence of any intoxicated person or persons on such premises shall be prima facie evidence that the liquor being drunk or causing intoxication was furnished by the licensee. The burden of first determining the age of any person to whom any intoxicating liquor is to be given, bartered, or sold shall be on the licensee. (Ord. 85-665 § 4(B), 1985; Ord. 73-59 § 3 (part), 1973.)
10.44.070 Offers of sale and presence on licensed premises (standard closing hours).
A. A person may not sell, offer for sale, give, furnish, deliver, or consume any alcoholic beverage on premises licensed under Title 4 of the Alaska Statutes, between the hours of two a.m. and eight a.m. each day and between two a.m. and twelve noon on Sundays.
B. A licensee, his agent, or employee may not permit a person to consume alcoholic beverages on the licensed premises between the hours of two a.m. and eight a.m. of each day and between two a.m. and twelve noon on Sundays.
C. A licensee, his agent, or employee may not permit a person to enter, and a person may not enter premises licensed under Title 4 of the Alaska Statutes between the hours of two a.m. and eight a.m. of each day and between two a.m. and twelve noon on Sundays. This subsection shall not apply to common carriers as defined in Alaska Statute 42.10.420, subsection (2) or to an employee of the licensee who is on the premises to prepare for the next day’s business. A person may enter or remain on the premises of a bona fide restaurant or eating place licensed under this title to consume food or nonalcoholic beverages.
D. The assembly may allow additional hours of opening for catered events, as long as those hours do not conflict with the provisions of Alaska Statute 4.16.010.
E. The provisions of Alaska Statute 4.16.070(a) do not apply within the city and borough of Sitka.
(Ord. 92-1089 § 4, 1992; Ord. 86-723 § 4, 1986: Ord. 82-513 § 3(B), 1982; Ord. 73-59 § 3(part), 1973.)
10.44.080 Drinking in public.
Except as otherwise provided, no person may consume intoxicating liquor:
A. Outside of a building in the areas zoned central commercial district unless (1) the alcohol is only beer or wine and is provided by an establishment with a license to serve alcoholic beverages in an area that is fenced with a fence no lower than sixty inches in height immediately adjacent to a building in which the establishment is licensed to serve such beverages, and (2) the alcohol is consumed within such fenced area no later than eleven p.m.;
B. Upon any public street, alley sidewalk, municipally operated harbor walkways and floats and municipally owned parking lots, and public school grounds;
C. At any public park, recreation area, ball field, any municipally controlled area open to the general public, or any other public or private property, where such area is posted that possession or consumption of alcoholic beverages is prohibited;
D. Exemptions may be given for special events by the assembly, upon the advise of the chief of police, with such conditions as the assembly may require for the public good;
E. All public parking lots and all private business parking lots.
(Ord. 05-24 § 4, 2005; Ord. 93-1144 § 4, 1993; Ord. 84-632 § 4(A), 1985.)
10.44.085 Open containers.
Except as otherwise provided, no persons may have in their possession in the places set out in Section 10.44.080, any intoxicating liquor or beer unless the liquor or beer is in its original retail unopened container and the tax seal remains unbroken. (Ord. 84-632 § 4(B), 1985.)
10.44.090 Possession of alcoholic beverages for delivery.
A. It is unlawful for any person owning, operating, or being in charge of any public vehicle or delivery service to transport any alcoholic beverage from a licensed premises to a customer or other person located off the licensed premises.
B. This section does not apply to the wholesale delivery of beverages by a licensed wholesaler or transportation by a licensed carrier.
(Ord. 83-552 § 4(c), 1983.)
10.44.110 Transport of alcoholic beverages during closed hours.
It is unlawful for the owner or person in charge of any taxicab, taxicab stand or place of business, or any person, messenger or messenger service, to accept, receive or have for delivery, or to carry, transport, or deliver, or cause to be carried, transported or delivered, or aid or assist in carrying, transporting or delivering, in person or by means of any taxicab or other vehicle, any alcoholic beverage, during the time or within one-half hour thereof, fixed by Section 10.44.070 herein for closure of liquor stores or liquor establishments. (Ord. 73-59 § 3 (part), 1973.)
Chapter 10.48
PROSTITUTION5Sections:
10.48.010 Definitions.
10.48.020 Unlawful acts.
10.48.030 Evidence.
10.48.010 Definitions.
The terms and phrases used in this chapter shall have the following meanings:
A. “Assignation” means the making of any appointment or engagement for the purpose of prostitution, or any act in furtherance of such appointment;
B. “House of prostitution” means the place, structure, building, house, room, boat, trailer, automobile or any other vehicle or established location which is customarily used for the purposes of prostitution;
C. “Prostitution” includes the giving or receiving of a person’s body for hire for the purpose of sexual intercourse or other lewd purposes.
(Ord. 73-59 § 3 (part), 1973.)
10.48.020 Unlawful acts.
It is unlawful to:
A. Engage in prostitution;
B. Engage in assignation;
C. Knowingly lease, sell, set up, operate, carry on, maintain, facilitate the operation of, or work in a house of prostitution;
D. Knowingly assist in the leasing, selling, setting up, operating, carrying on, maintaining or facilitating operation of a house of prostitution;
E. Offer, or offer to secure for the purposes of prostitution, or solicit another for the purposes of prostitution;
F. Knowingly receive or to offer or agree to receive any person into any place, structure, building, house, room, boat, automobile, trailer or any other vehicle for the purpose of prostitution or for the person owning or having control over such place or premises to knowingly permit any person to remain for such purposes.
(Ord. 73-59 § 3 (part), 1973.)
10.48.030 Evidence.
In all cases of prosecution under this title, common fame shall be competent evidence in support of a complaint thereunder; and every house or place used for the purpose of prostitution shall be taken and deemed to be a house of prostitution within the meaning of this title; and any person residing in such house or place with knowledge of its character, shall be presumed, in any prosecution against such house, place, person, or persons, guilty as in this title provided. (Ord. 73-59 § 3 (part), 1973.)
Chapter 10.50
HOTEL REGISTRATIONSections:
10.50.010 Required of guests.
10.50.020 Responsibility of hotel clerk.
10.50.030 Contents of register.
10.50.040 Penalty for violation.
10.50.010 Required of guests.
It is unlawful for any person to occupy any hotel room for the night without registering in a registration book provided by the management, or otherwise checking with the management. (S.C.C. § 4-2-24 (part).)
10.50.020 Responsibility of hotel clerk.
It is unlawful for any clerk or person in charge of a hotel to rent a hotel room without causing the renter or guest to register prior to occupancy. (S.C.C. § 4-2-24 (part).)
10.50.030 Contents of register.
The register shall contain the name, home address and occupation of the person so registering, and shall be open to the inspection of the police department at any time. (S+C.C. § 4-2-24 (part).)
10.50.040 Penalty for violation.
Violators of this chapter shall be subject to punishment according to Chapter 1.12. (S.C.C. § 4-2-24 (part).)
V. Offenses Against the Public Peace
Chapter 10.52
DISORDERLY CONDUCT6Sections:
10.52.010 Unlawful acts.
10.52.030 Serious misdemeanor.
10.52.040 Loitering.
10.52.050 Criminal trespass.
10.52.060 Urinating in public.
10.52.010 Unlawful acts.
It is unlawful for any person to:
A. Threaten another in a menacing manner;
B. Challenge another to fight;
C. Address another with “fighting words” or profanity, the face-to-face utterance of which ordinarily provokes in the average reasonable person so addressed an immediate and violent response;
D. Exhort another to violence by words or actions which create a clear and present danger that such violence will occur;
E. Address or confront another in a manner which presents a clear and present danger of causing an immediate and physically violent reaction from such other person;
F. Use, in a public place, profanity of the type which in and of itself creates a public nuisance;
G. Engage in window peeking;
H. Deposit litter in any public place other than in designated receptacles identified for the receipt of litter;
I. Spit upon or otherwise mar or litter any sidewalk in the central business district (See Title 22) or any floor, hallway, stairway, sidewalk or steps of any public or municipal building or place of worship;
J. Interfere with, obstruct, mutilate, conceal or tear down any municipal notice, placard, sign or signaling device;
K. Deface or destroy any private building or property without the owner’s consent;
L. Engage in any illegal business, trade, or occupation;
M. Knowingly attend or frequent any place in which an illegal business, trade or occupation is conducted;
N. Solicit another for the purpose of committing an illegal act;
O. Harbor, keep or maintain a vicious animal.
(Ord. 98-1509 § 4, 1998; Ord. 73-59 § 3 (part), 1973.)
10.52.030 Serious misdemeanor.
It is unlawful for any person to:
A. Assault another by threatening, through words or actions, to batter him;
B. Batter another by striking, wounding or otherwise physically abusing him;
C. Challenge to fight a policeman in the performance of his duties;
D. Assault or batter a policeman in the performance of his duties;
E. Engage in deliberate and continued baiting of a policeman by verbal excess or abuse which has no apparent purpose other than to provoke a violent reaction from the policeman;
F. Resist arrest by a police officer or assist another in resisting such arrest;
G. Assist a person in lawful custody of a police or other municipal officer to escape;
H. Impersonate a police officer or, without authority, exercise or attempt to exercise his powers;
I. Take, drive or operate any motor vehicle without the owner’s consent;
J. Deface or destroy any municipal building or property;
K. Annoy or molest a child under the age of eighteen.
violation of the provisions of this section is a misdemeanor, punishable by a fine of not more than five hundred dollars, or imprisonment for not more than thirty days, or by both. (Ord. 76-229 § 3(2), 1976; Ord. 73-59 § 3 (part), 1973.)
10.52.040 Loitering.
It is unlawful for any person to loiter. For purposes of this section, loitering is defined as wandering, loafing, standing or remaining idle either alone or in a group in a public place in such manner as to:
A. Cause danger of breach of peace, which will clearly cause an immediate, actual, physically violent reaction from any person; or
B. Obstruct, molest or interfere with any person lawfully in any public place.
(Ord. 74-59 § 3 (part), 1973.)
10.52.050 Criminal trespass.
A. A person is guilty of criminal trespass if he enters or remains unlawfully in or upon premises or in a propelled vehicle.
B. “Enter or remain unlawfully” means that at the time of entry or remaining, the premises or vehicle is not open to the public and the defendant is not otherwise privileged to do so, or that the person failed to leave premises or a vehicle that was open to the public after being lawfully directed to do so personally by the person in charge or a police officer.
C. Violation of this section is a violation with a penalty of a fine of no more than two hundred dollars.
(Ord. 81-471 § 4, 1981.)
10.52.060 Urinating in public.
It is unlawful for a person to urinate in public. A person commits the offense of urinating in public when that person urinates on or in any public place or portion of a public place not existing for the purpose of receiving urine. (Ord. 94-1267 § 4, 1994.)
VI. Offenses Against Property
Chapter 10.56
LARCENY7Sections:
10.56.010 Generally.
10.56.030 Larceny by trick.
10.56.040 Shoplifting.
10.56.010 Generally.
A. A person who steals money, goods, or chattels, or a government note, bank note, promissory note, bill of exchange, bond or other thing in action, or a book of accounts, order or certificate concerning money or goods due or to become due or to be delivered, or writing containing a conveyance of real or personal property, or any other valuable contract in force, or a receipt, release or defeasance, or a writ, process, or public record which is the property of another is guilty of larceny.
B. A violation of the provisions of this section is a misdemeanor, punishable by fine of not more than five hundred dollars, or by imprisonment for not more than thirty days, or by both.
(Ord. 76-229 § 3(3), 1976; Ord. 73-59 § 3 (part), 1973.)
10.56.030 Larceny by trick.
No person shall obtain possession of or title to anything of value from another person with his consent when such consent was induced by false pretenses. (Ord. 73-59 § 3 (part), 1973.)
10.56.040 Shoplifting.
It is unlawful for any person to take or carry away from any commercial establishment, without paying for the same or making arrangements for such payment, any goods, wares, or merchandise having value not exceeding one hundred dollars. (Ord. 73-59 § 3 (part), 1973.)
VII. Consumer Protection
(Reserved)VIII. Offenses By or Against Minors
Chapter 10.72
JUVENILE CURFEW8Sections:
10.72.010 Definitions.
10.72.020 Curfew for juveniles.
10.72.030 Exceptions.
10.72.040 Parental responsibility.
10.72.050 Operator responsibility.
10.72.060 Enforcement procedures.
10.72.070 Penalties.
10.72.080 Notice.
10.72.010 Definitions.
For the purposes of this chapter the following terms, phrases, words and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular, and words in the singular number include the plural. The word “shall” is always mandatory and not merely directory.
A. “City” means the city and borough of Sitka, Alaska, with administrative offices at 100 Lincoln Street.
B. “Emergency” means an unforeseen combination of circumstances or the resulting state that calls for immediate action. The term includes, but is not limited to, a fire, natural disaster, or automobile accident, or any situation requiring immediate action to prevent serious bodily injury or loss of life.
C. “Establishment” means any privately owned place of business operated for a profit to which the public is invited, including but not limited to any place of amusement or entertainment.
D. “Juvenile” or “minor” means any unemancipated person under the age of eighteen.
E. “Operator” means any individual, firm, association, partnership, or corporation operating, managing, or conducting any establishment. The term includes the members or partners of an association or partnership and the officers of a corporation.
F. “Parent” means any person having legal custody of a juvenile (i) as a natural or adoptive parent, (ii) as a legal guardian, (iii) as a person who stands in loco parentis, or (iv) as a person to whom legal custody has been given by court order.
G. “Public place” means any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, common areas of schools, shopping centers, parking lots, parks, playgrounds, transportation facilities, theaters, restaurants, shops, bowling alleys, taverns, cafes, arcades, and similar areas that are open to the use of the public. As a type of public place, a street is a way or place, of whatever nature, open to the use of the public as a matter of right for purposes of vehicular travel or in the case of a sidewalk thereof for pedestrian travel. “Street” includes that legal right-of-way, including but not limited to the cartway of traffic lanes, the curb, the sidewalks whether paved or unpaved, and any grass plots or other grounds found within the legal right of way of a street.
H. “Remain” means to stay behind, to tarry and to stay unnecessarily in a public place including the congregating of groups (or of interacting minors) totaling four or more persons in which any juvenile involved would not be using the streets for ordinary or serious purposes such as mere passage or going home, or to fail to leave the premises of an establishment when requested to do so by a police officer or the operator of an establishment. To implement this provision with additional precision and precaution, numerous exceptions are expressly defined in this chapter. More and more exceptions become available with a juvenile’s increasing years and advancing maturity as appropriate in the interest of reasonable regulation.
I. “Time of night” referred to herein is based upon the prevailing standard of time, whether Alaska standard time or Alaska daylight savings time, generally observed at that hour by the public in the city; prima facie the time then observed in the city administrative offices and police station.
J. “Years of age” continues from one birthday, such as the seventeenth to (but not including the day of) the next, such as the eighteenth birthday, making it clear that seventeen or less years of age is treated as equivalent to the phrase “under eighteen years of age,” the latter phrase in practice, unfortunately, having confused a number of persons into the mistaken thought that eighteen-year-olds might be involved. Similarly, for example, eleven or less years of age means “under twelve years of age.”
(Ord. 97-1467 § 4 (part), 1997.)
10.72.020 Curfew for juveniles.
It is unlawful for any person seventeen or less of age (under eighteen) to be or remain in or upon a public place within the city and borough of Sitka during the period ending at five a.m. and beginning:
A. At eleven fifty-nine p.m. on Friday and Saturday nights; and
B. Eleven p.m. on all other nights.
(Ord. 97-1467 § 4 (part), 1997.)
10.72.030 Exceptions.
The following shall constitute valid exceptions to the operation of this chapter:
A. When a juvenile is accompanied by a parent or guardian of such juvenile;
B. When a juvenile is accompanied by an adult authorized by a parent or guardian of such juvenile to take such parent’s place in accompanying such juvenile for a designated period of time and purpose within a specified area;
C. When the juvenile is on an errand as directed by his or her parent or guardian;
D. When a juvenile is exercising First Amendment rights protected by the United States Constitution, such as the free exercise of religion, freedom of speech and the right of assembly, and has in their possession a written communication, signed and dated by a parent or guardian of the juvenile with their home address and telephone number, specifying when, where and in what manner the juvenile will be in a public place during hours when this chapter is applicable to such written communication;
E. When a juvenile is on the sidewalk or property where the juvenile resides, or on either side of or across the street from the place where the juvenile resides, and the adult owner or resident of that property has given permission for the juvenile to be there;
F. When a juvenile is returning home by a direct route (without any unnecessary detour or stop) from and within one hour of the termination of a school activity or an activity of a religious or other voluntary association, or a place of public entertainment, such as a movie, play or sporting event;
G. When the juvenile is legally employed and carries a certified card of employment, renewable each calendar month when the current fact so warrant, dated or re-issued not more than forty-five days previously, signed by the chief of police and briefly identifying the juvenile, the addresses of the juvenile’s home and of the juvenile’s place of employment, and the juvenile’s hours of employment;
H. When the juvenile is, with parental or guardian consent, engaged in normal interstate travel through the city or originating or terminating in the city;
I. When the juvenile is married or has been married pursuant to state law;
J. If the juvenile is involved in an emergency;
K. In the case of an operator of an establishment, when the operator has notified the police that a juvenile was present on the premises of the establishment during curfew hours and refused to leave;
L. Each of the foregoing exceptions and their several limitations, such as provisions for notification, is severable, as hereinafter provided but here reemphasized, and will be considered by the assembly, when warranted by future experience illuminated by the views of student government associations, school personnel, citizens, associations, parents, officers and persons in authority concerned positively with juveniles as well as with juvenile delinquency.
(Ord. 02-1670 § 4, 2002: Ord. 97-1467 § 4 (part), 1997.)
10.72.040 Parental responsibility.
It is unlawful for a parent having legal custody of a juvenile knowingly to permit or by inefficient control to allow the juvenile to remain in any city public place under circumstances not constituting an exception to, or otherwise beyond the scope of, this chapter. The term “knowingly” includes knowledge that a parent should reasonably be expected to have concerning the whereabouts of a juvenile in that parent’s legal custody. This requirement is intended to hold a neglectful or careless parent up to a reasonable community standard of parental responsibility through an objective test. It shall, therefore, be no defense that a parent was completely indifferent to the activities or conduct or whereabouts of such juvenile. (Ord. 97-1467 § 4 (part), 1997.)
10.72.050 Operator responsibility.
It is unlawful for any operator of an establishment to knowingly permit a juvenile to remain at the establishment under circumstances not constituting an exception to, or otherwise beyond the scope of, this chapter. The term “knowingly” includes knowledge that an operator should reasonably be expected to have concerning the patrons of the establishment. The standard for “knowingly” shall be applied through an objective test: whether a reasonable person in the operator’s position should have known that the patron was a juvenile in violation of this chapter. (Ord. 97-1467 § 4 (part), 1997.)
10.72.060 Enforcement procedures.
A. If a police officer reasonably believes that a juvenile is in a public place in violation of this chapter, the officer shall notify the juvenile that he or she is in violation of this chapter and shall require the juvenile to provide his or her name, address, and telephone number and how to contact his or her parent or guardian. In determining the age of the juvenile and in the absence of convincing evidence such as a birth certificate, a police officer shall, in the first instance of violation of this chapter, use his or her best judgment in determining age.
B. Police procedures shall constantly be refined in the light of experience and may provide that the police officer may deliver to a parent or guardian thereof a juvenile under appropriate circumstances; for example, a juvenile of tender age, near home, whose identity and address may readily be ascertained or are known.
C. When a police officer has reasonable grounds to believe that the juvenile has engaged in delinquent conduct, the procedure shall then be to take the juvenile to the police station where a parent or guardian shall immediately be notified to come for the juvenile whereupon the parent or guardian and the juvenile shall be questioned. This is intended to permit ascertainment, under constitutional safeguards, of relevant facts, and to centralize responsibility in the person designated there and then on duty for accurate, effective, fair, impartial and uniform enforcement, and recording, thus, making available experienced personnel and access to information and records.
D. When a parent or guardian, immediately called, has come to the location of the contact to take charge of the juvenile, and the appropriate information has been recorded, the juvenile shall be released to the custody of such parent. If the parent cannot be located or fails to take charge of the juvenile, then the juvenile shall be released to the juvenile authorities, the juvenile will be cited and released except in the case of juveniles under the age of twelve who will remain in custody until appropriate placement can be made.
E. In the case of a first violation of this chapter by a juvenile, the chief of police shall send to a parent or guardian written notice of the violation with a warning that any subsequent offense will result in enforcement of parental responsibility and of applicable penalties.
F. For the first violation of this chapter by an operator of an establishment who permits a juvenile to remain on the premises, a police officer shall issue a written notice of the violation with a warning that any subsequent violation will result in full enforcement of this chapter, including enforcement of operator responsibility and of applicable penalties.
G. In any event the police officer shall, within twenty-four hours, file a written report with the chief of police or shall participate to the extent of the information for which he or she is responsible in the preparation of a report on the curfew violation. It is not the intention of this section to require extensive reports that will prevent police officers from performing their primary police duties. The reports shall be as simple as is reasonably possible and may be completed by police departmental personnel other than sworn police officers.
(Ord. 98-1488 § 4, 1998; Ord. 97-1467 § 4 (part), 1997.)
10.72.070 Penalties.
A. If, after the warning notice pursuant to Section 10.72.060 of a first violation by a juvenile, a parent violates Section 10.72.040 (in connection with a second violation by the juvenile), this shall be treated as a first offense by the parent. For the first offense by a parent, the fine shall be fifty dollars, and for each subsequent offense by a parent the fine shall be increased by an additional fifty dollars, e.g., one hundred dollars for the second offense, one hundred fifty dollars for the third offense. The district court, upon finding a parent guilty, shall sentence the parent to pay this fine.
B. The parent or legal guardian having custody of a juvenile subject to this section shall be liable for all costs incurred by the city for providing personnel to remain in the company of a juvenile who has been detained as a curfew violator if the parent or guardian does not pick up the juvenile within one hour after receiving notice from the city that the city is detaining the juvenile for a curfew violation. The amount to be paid by the parent or guardian shall be based on the hourly wage of the city employee who is assigned to remain with the juvenile plus the cost of benefits for that employee.
C. The parent or legal guardian having custody of a juvenile subject to this section shall be liable for any fine or condition of restitution or reparation imposed by a court upon a curfew violator, provided that the curfew violator has not paid the fine or made restitution of reparation within the time ordered by the court, and further provided that the parent or legal guardian has been made a party defendant in all enforcement proceedings against the curfew violator and shall be served with all citations, summons, complaints, notices, and other documents required to be served on the curfew violator defendant.
D. Any juvenile who shall violate any of the provisions of this chapter shall be cited for such violations, for the first citation the fine shall be fifty dollars with the fine increasing by fifty dollars for each subsequent violation.
E. If, after the warning notice pursuant to Section 10.72.060 of a violation of this chapter, an operator of an establishment violates Section 10.72.050 a second time, this shall be treated as a first offense by the operator. For the first offense by an operator, the fine shall be fifty dollars, and for each subsequent offense by an operator the fine shall be increased by an additional fifty dollars, e.g., one hundred dollars for the second offense, one hundred fifty dollars for the third offense.
F. The maximum penalty for violation of this chapter shall be three hundred dollars.
(Ord. 97-1467 § 4 (part), 1997.)
10.72.080 Notice.
Notice of the existence of this chapter and of the curfew regulations established by it shall be posted in, or about such public or quasi-public places as may be determined by the chief of the police department in order that the public may be constantly informed of the existence of this chapter and its regulations. (Ord. 97-1467 § 4 (part), 1997.)
Chapter 10.76
LOITERINGSections:
10.76.020 Definition.
10.76.030 Prohibited operations.
10.76.040 Sale and display of narcotic and other paraphernalia.
10.76.050 Prohibiting contraband substances to minors.
10.76.060 Definition.
10.76.070 Student protection and school property.
10.76.020 Definition.
Class I coin-operated device is an entertainment or amusement apparatus which operates by means of insertion of a coin, token, or similar object which does not involve an element of chance (AS 43.35.090), including coin-operated electronic video games, billiard, pool, foosball, or shuffleboard tables, juke boxes, and other similar amusement and gaming devices, but does not include automatic vending machines that dispense food or sundries. (15 AAC 35.040) (Ord. 84-601 § 3(c) (part), 1984.)
10.76.030 Prohibited operations.
The following acts shall be prohibited and unlawful:
A. The operation of any class I coin-operated device by any person under the age of thirteen years unless accompanied by a parent, step-parent, legal guardian, or grandparent. It is unlawful for any person to misrepresent his or her age or the age of any other person for the purpose of gaining access to class I machines;
B. The permitting or allowing of any person under the age of thirteen years to operate any class I coin-operated device unless accompanied by a parent, step-parent, legal guardian, or grandparent, by any owner and other person having such device under their control. It is the duty and responsibility of every person having such gaming devices under their control to prevent the prohibited class of minors from operating such device;
C. For any owner operator or other person who has charge of a class I coin-operated device to fail to place a conspicuous notice on each device that operation by any person under thirteen years of age is unlawful and prohibited unless accompanied by the minor’s parent, step-parent, legal guardian, or grandparent.
(Ord. 84-601 § 3(c) (part), 1984.)
10.76.040 Sale and display of narcotic and other paraphernalia.
A. Minors. No owner, manager, proprietor or other person in charge of any place of business selling or displaying for the purpose of sale, any device, contrivance, instrument or paraphernalia for smoking or injection, or consuming marijuana, hashish, PCP, or any controlled substance, as defined by the laws of the state (other than prescription drugs and devices to ingest or inject prescription drugs), as well as roach clips, and cigarette papers and rollers designed for the smoking of the foregoing, shall allow or permit any person under the age of eighteen years to be, remain in, enter or visit such salesroom unless such minor person is accompanied by one of his or her parents, or by his or her legal guardian.
B. Minors – Excluded. A person under the age of eighteen years shall not be, remain in, enter or visit any room in any place used for the sale, or displaying for sale, devices, contrivances, instruments or paraphernalia for smoking or injecting marijuana, hashish, PCP, or any controlled substances, other than prescription drugs and devices to ingest or inject prescription drugs, including roach clips, and cigarette papers and rollers designed and used for smoking the foregoing, or any item described in Section 10.76.050, unless such person is accompanied by one of his or her parents, or his or her legal guardian.
C. Sale and Display Rooms. A person shall not maintain in any place of business to which the public is invited, the display for sale, or the offering to sell, of devices, contrivances, instruments or paraphernalia for smoking or injecting marijuana, hashish, PCP, or any controlled substances (other than prescription drugs and devices to ingest or inject prescription drugs), including roach clips, and cigarette papers and rollers designed and used for smoking the foregoing, unless within a separate room or enclosure to which minors not accompanied by a parent or legal guardian are excluded. Each entrance to such room shall be signposted in reasonably visible and legible words to the effect that minors, unless accompanied by a parent or legal guardian, are excluded. The above-named items may not be visible outside the room, as through display windows.
D. Nuisance. The distribution or possession for the purpose of sale, exhibition, or display in any place of business from which minors are not excluded as set forth in this section, and where devices, contrivances, instruments or paraphernalia for smoking or injecting marijuana, hashish, PCP, or any controlled substances, (other than prescription drugs or devices to ingest or inject prescription drugs), including roach clips, and cigarette papers and rollers designed and used for smoking the foregoing, is a public nuisance, and any building, structure, premises, or room or rooms therein constituting a nuisance as defined in this section and Sections 10.76.050 and 10.76.060 may be abated in a civil action in the manner provided by A.S. 09.45.230. Such abatement shall be effected by closing and securely locking the place abated and excluding all persons therefrom, for a period of one year after the date of such abatement, unless a surety bond, to be approved by the court making the order of abatement, in the penal sum of one thousand dollars, payable to the city, conditioned that such building, structure or premises, or room or rooms therein will not thereafter be used in violation of this section or Sections 10.76.050 and 10.76.060, and further conditioned upon payment of all fines, costs and damages assessed for any violation of this chapter, and in case of the violation of any of the conditions of such bond, the whole amount may be recovered as a penalty to the city. This remedy is in addition to any other remedy provided by la.
Upon a finding that a building has been used as a nuisance, the court may also impose a civil fine of up to one thousand dollars.
E. Affirmative Defense. It shall be an affirmative defense to any legal action brought under this section that the person had no knowledge of the drug-related nature of the items.
(Ord. 80-425 § 4 (part), 1980.)
10.76.050 Prohibiting contraband substances to minors.
A. It is unlawful to sell, transfer, or give to any person under the age of eighteen years, and it is unlawful for any person under eighteen years of age to possess any marijuana, hashish, PCP or any other controlled substance (except by prescription) or any device, contrivance, instrument or paraphernalia described in subsection A of Section 10.76.040, or any circular multi-bladed throwing knives.
B. Any of the above-mentioned substances and items found in the possession of a minor under the age of eighteen years shall be confiscated and destroyed as contraband.
C. Any person convicted of selling, transferring, trading or giving any of the above-mentioned substances or items to a minor under the age of eighteen years shall be subject to a penalty of not more than thirty days in jail or a fine of up to five hundred dollars, or both.
(Ord. 84-630 § 4, 1984; Ord. 80-425 § 4 (part), 1980.)
10.76.060 Definition.
“Drug paraphernalia” means and includes, but is not limited to, any item advertised or marketed for the primary use of storing, aiding in the a smoking or ingesting of cannabis, PCP, or any controlled substances as defined by state law.
In any legal proceeding, the fact that an item is advertised for sale in trade journals or catalogues or periodic publications as being useful in the storing, or aiding in the smoking, or ingesting of the above-named substances shall be admissible as evidence of the knowledge of the possessor of the drug-related use. (Ord. 80-425 § 4 (part), 1980.)
10.76.070 Student protection and school property.
A. The public schools are primarily for the education of the students who attend them and it is declared policy of the city and borough of Sitka to consider the school grounds and buildings closed to the general public from seven a.m. to four-thirty p.m. during the school term. The school district may extend these hours to up to twenty-four hours per day, for cause. Access will be limited to students attending the particular school and persons having a valid need to be on the premises. This is the purpose of limiting distractions and for the safety of the students.
B. Any person on public school property during the times set out in subsection A of this section shall answer questions concerning their reason for being on the property, if so requested by school personnel or police officers.
C. Any person on public school property during the time set out in subsection A of this section shall immediately depart if so requested by school personnel or police officers.
D. Entering or remaining on school property for the purpose of meeting with a student shall not be deemed a satisfactory reason, unless the person is specifically authorized to do so by the student’s parent or guardian.
E. Refusal to answer questions or to depart upon request or to remain off school property after being so requested shall be criminal trespass which shall be a Class B misdemeanor subject to a fine of up to one thousand dollars and/or ninety days in jail. Nothing in this section shall prevent a person from being removed from school property under the provisions of any other applicable ordinance or statute.
(Ord. 96-1359 § 4, 1996; Ord. 81-489 § 4, 1981).
Chapter 10.80
DETENTION OF MINORSSections:
10.80.010 Conditions governing detention of minors.
10.80.020 Powers of police.
10.80.010 Conditions governing detention of minors.
Whenever any police officer takes a child into custody, he shall, unless it is impracticable or has been otherwise ordered by the court having jurisdiction, accept the written promise of the parent, legal guardian or custodian of such child to be responsible for the presence of such child in the court at the time fixed. Thereupon such child may be released in the custody of the parent, legal guardian or custodian, or in the custody of the State Department of Public Welfare or other person designated by the court. If not so released, such child shall be taken immediately to the place of detention designated by the court, and any child so detained shall be brought before the court at the earliest practicable time, but not later than twenty-four hours after such detention. (Ord. 73-59 § 3 (part), 1973.)
10.80.020 Powers of police.
Nothing in this chapter shall be construed as forbidding any police officer from immediately taking into custody any child who is found violating any law or ordinance, or who is reasonably believed to be a fugitive from his parents or his legal guardian, or from justice, or whose surroundings are such as to endanger his health, morals, or welfare, unless immediate action is taken. When any child under eighteen years of age is taken into custody with or without warrant and charged with the violation of any law or municipal ordinance, such child shall within twenty-four hours be taken before a court having jurisdiction; or, if the court is not in session, the child shall be placed in a juvenile detention facility, if such is available, and the State Department of Public Welfare and the municipal judge shall be notified immediately. (Ord. 73-59 § 3 (part), 1973.)
Chapter 10.84
LIQUOR REGULATIONSSections:
10.84.010 Definitions.
10.84.020 Age.
10.84.049 Access of persons under the age of twenty-one to licensed premises.
10.84.050 Possession or consumption by persons under the age of twenty-one.
10.84.051 Furnishing of alcoholic beverages to persons under the age of twenty-one.
10.84.052 Furnishing of alcoholic beverages to persons under the age of twenty-one by licensees.
10.84.060 Purchase by persons under the age of twenty-one.
10.84.070 Penalty.
10.84.010 Definitions.
The terms “intoxicating liquor” and “alcoholic beverages” as used hereafter are interchangeable and are defined as any fermented or distilled liquor, wine, beer, or other beverage, containing more than one percent alcohol by volume. (Ord. 73-59 § 3 (part), 1973.)
10.84.020 Age.
Whenever in this chapter an age limit is set at twenty-one years, any person who was born on or before December 31, 1964, shall be deemed to have attained the age limit. (Grandfather clause – Section 18, CH 109, SLA 1983.) (Ord. 84-600 § 4 (part), 1984.)
10.84.049 Access of persons under the age of twenty-one to licensed premises.
A. A person under the age of twenty-one years may not knowingly enter or remain in premises licensed under Title 4 of the Alaska Statutes unless:
1. Accompanied by a parent, guardian or spouse who has attained the age of twenty-one years;
2. The person is at least sixteen years of age, the premises are designated by the Alcohol Beverage Control Board as a restaurant for the purposes of this section, and the person enters and remains only for dining; or
3. The person is under the age of sixteen years, is accompanied by a person over the age of twenty-one years, the parent or guardian of the underaged person consents, the premises are designated by the Alcohol Beverage Control Board as a restaurant for the purposes of this section, and the person enters and remains only for dining.
B. Notwithstanding subsection A of this section, a licensee or an agent or employee of the licensee may refuse entry to a person under the age of twenty-one years to that part of licensed premises in which alcoholic beverages are sold, served, or consumed, may refuse service to a person under the age of twenty-one years, or may require a person under the age of twenty-one years to leave the portion of the licensed premises in which alcoholic beverages are sold, served, or consumed.
C. Notwithstanding any other provision of this section, a person between sixteen and nineteen years of age may enter and remain within the licensed premises of a hotel, restaurant, or eating place in the course of employment if:
1. The employment does not involve the serving, mixing, delivering, or dispensing of alcoholic beverages;
2. The person has the written consent of a parent or guardian; and
3. An exemption from the prohibition of AS 23.10.355 is granted by the Alaska Dept. of Labor. The Alcohol Beverage Control Board, with the approval of the Sitka Assembly and at the licensee’s request, shall designate which premises are hotels, restaurants, or eating places for the purposes of this subsection.
D. Notwithstanding any other provision in this section, a person nineteen or twenty years of age may be employed within the licensed premises of a hotel, restaurant or eating place, may enter and remain within those premises for the purpose of employment, but may not in the course of employment, sell, serve, deliver or dispense alcoholic beverages.
(Ord. 84-600 § 4 (part), 1984.)
10.84.050 Possession or consumption by persons under the age of twenty-one.
A. A person under twenty-one years of age may not knowingly consume, possess or control alcoholic beverages except those furnished persons under Section 10.84.051.
B. A person who violates subsection A of this section and who has not been previously convicted or received a suspended imposition of sentence under subsection (B)(1) of this section is guilty of minor consuming or in possession or control. Upon conviction in the district court, the court may:
1. Grant a suspended imposition of sentence under AS 12.55.085 and place the person on probation for one year or until the person is twenty-one years of age, whichever is later, if the person has not been convicted of a violation of this section previously; among the conditions of probation, the court shall, with the consent of a community diversion panel, refer the person to the panel, and require the person to comply with the conditions set by the panel, including counseling, education, treatment, community work, and payment of fees; in this section, “community diversion panel” means a youth court or other group selected by the court to serve as a sentencing option for a person convicted under this section; or
2. Shall impose a fine of at least two hundred dollars but not more than six hundred dollars, shall require the person to attend alcohol information school if the school is available, and shall place the person on probation under subsection E of this section; the court may suspend a portion of the fine imposed under this section that exceeds two hundred dollars if the person is required to pay for education or treatment required under subsection E of this section.
C. A person is guilty of repeat minor consuming or in possession or control if the person was placed on probation under subsection B of this section or has been previously convicted, and the person violates subsection A of this section. Upon conviction in the district court, the court shall:
1. Impose a fine of one thousand dollars and require at least forty-eight hours of community work;
2. Revoke the person’s driver’s license for three months;
3. Take possession of the person’s driver’s license; and
4. Suspend up to five hundred dollars of the fine and place the person on probation under subsection E of this section.
D. A person is guilty of habitual minor consuming or in possession or control if the person was placed on probation under subsection C of this section, or has been previously convicted twice, and the person violates subsection A of this section. Habitual minor consuming or possession or control is a class B misdemeanor. Upon conviction, the court may impose an appropriate period of imprisonment and fine and place the person on probation under subsection E of this section and shall:
1. Impose at least ninety-six hours of community work;
2. Revoke the person’s driver’s license for six months;
3. Within five working days, notify the agency responsible for the administration of motor vehicles laws of the revocation; and
4. Take possession of the person’s driver’s license.
E. The court shall place a person sentenced under subsection B, C or D of this section on probation for one year, or until the person is twenty-one years of age, whichever is later. The person may not refuse probation. The court may require the person to pay for and enroll in a juvenile alcohol safety program, if one is available. The court shall impose the following conditions of probation:
1. The person shall pay for and successfully complete any education or treatment recommended;
2. The person may not consume inhalants or possess or consume controlled substances, or alcoholic beverages, except as provided in Section 10.84.051;
3. The person shall timely complete any community work ordered, as provided in subsection F of this section; and
4. Other conditions the court considers appropriate.
F. A person ordered to perform community work under this section shall perform the work within one hundred twenty days of the entry of judgment for a conviction. The court may expand the time period for up to thirty days upon a showing of good cause. The person shall submit verification of completion of community work to the clerk of court on a form provided by the court. If the verification is not provided within the time period required in this subsection, the court shall, within thirty days, schedule further proceedings in the case to determine whether a violation of probation has occurred.
G. The treatment recommended by a juvenile alcohol safety action program for a person placed on probation under subsection E of this section may include a period of inpatient treatment if the judgment specifies the maximum period of inpatient treatment authorized. A person who has been recommended for inpatient treatment may make a written request to the sentencing court for review of the referral. A person shall make a request for review within seven days after the recommendation and shall specifically set out the grounds upon which the request for review is based. The court may order a hearing on the request for review.
H. The juvenile alcohol safety action program to which a person is referred under this section shall inform the court or a minor’s juvenile probation officer if the person fails to submit to evaluation or fails to complete successfully an education or treatment recommended. If the court finds that the person has failed to perform community work as ordered, to submit to an evaluation, or fails to complete successfully the education or treatment recommended, the court may impose the suspended fine, and may impose any period of suspended incarceration. If the person was convicted under subsection C or D of this section, the court shall revoke the person’s driver’s license for an additional period of six months beyond the imposed under subsection C or D of this section. A court revoking a person’s driver’s license under this subsection shall notify the agency responsible for the administration of motor vehicle laws of the revocation within five working days.
I. When considering the financial resources of a minor for the purpose of determining eligibility for court-appointed counsel under this section, the court shall consider the resources of both the defendant and the defendant’s parent or guardian, unless the court finds good cause to treat the defendant’s or the defendant’s parent’s or guardian’s resources as being unavailable to the defendant.
J. A driver’s license revocation under this section is consecutive to a revocation imposed under another provision of law, but is concurrent with a revocation under another provision of law based on a prior conviction, adjudication of delinquency, or informal adjustment under AS 47.12.060.
K. In this section:
1. “Driver’s license” has the meaning given in AS 28.40.100.
2. “Juvenile alcohol safety action program” means:
a. A juvenile safety action program developed and implemented by the Department of Health and Social Services under AS 47.37;
b. Any other alcohol education or treatment program approved by the Department of Health and Social Services under AS 47.37 if a program described in subsection (K)(2)(a) of this section is not available in the community in which the person resides; or
c. A program or counseling approved by the court if the program or treatment described in subsection (K)(2)(a) of this section is not available in the community where the person resides; “previously convicted” means a conviction or an adjudication as a delinquent for a violation of AS 11.71, 28.35.030, 28.35.032, 28.35.280 through 28.35.290, or a law or ordinance in another jurisdiction with substantially similar elements.
(Ord. 05-05 § 4(A), 2005.)
10.84.051 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 child, by a guardian to his 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.
(Ord. 84-600 § 4 (part), 1984.)
10.84.052 Furnishing of alcoholic beverages to persons under the age of twenty-one by licensees.
A licensee or an agent or employee of the 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 Section 10.84.049;
C. Allow a person under the age of twenty-one to consume an alcoholic beverage within licensed premises;
D. Allow a person under the age of twenty-one years to sell or serve alcoholic beverages.
(Ord. 84-600 § 4 (part), 1984.)
10.84.060 Purchase by persons under the age of twenty-one.
A. A person under the age of twenty-one years may not purchase alcoholic beverages or solicit another to purchase alcoholic beverages for the person under the age of twenty-one.
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 a licensee, an agent or employee of the licensee, or another person, for the purpose of selling, giving, or serving 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 an agent or employee of the licensee a birth certificate or other written evidence of age, that is fraudulent or false or that is not actually the person’s own, or otherwise misrepresent the person’s age, for the purpose of inducing the licensee or an agent or employee of the licensee to sell, give, serve, or furnish alcoholic beverages contrary to law.
B. A person under the age of twenty-one who is seeking to enter and remain in a licensed premises under Section 10.84.049A2 or 3 may not misrepresent the person’s age or having obtained the consent of the parent or guardian required by that section.
(Ord. 84-600 § 4 (part), 1984.)
10.84.070 Penalty.
Except for Section 10.84.050, violations of any section of this chapter shall be subject to a fine of not more than three hundred dollars. (Ord. 05-05 § 4(B), 2005: Ord. 84-600 § 4 (part), 1984.)
IX. Weapons
Chapter 10.88
FIREARMSSections:
10.88.010 Definitions.
10.88.020 Prohibitions.
10.88.010 Definitions.
The terms and phrases used in this chapter shall have the following meanings:
A. “Firearms” means and includes all guns using gunpowder, high powered air rifles and pistols, guns operated by CO2 or other gases, paint “splat” guns or other items which mechanically impel projectiles of equal danger.
B. A “concealed firearm” means and includes any firearm not readily visible.
(Ord. 96-1358 § 4 (part), 1996.)
10.88.020 Prohibitions.
It is unlawful for any person to:
A. Discharge any firearm within the boundaries of the central business district, waterfront district, hospitals, any public school premises, including adjacent parking lots, and the City Hall and Centennial Building and their parking lots;
B. Intentionally point or aim any firearm, loaded or otherwise, at any person;
C. Carry a concealed firearm on his/her person except with a permit issued under AS 1865.700 et seq.;
D. Carry a loaded firearm within the boundaries of the central business district, waterfront district, hospitals, any public school premises, including adjacent parking lots, and the City Hall and Centennial Building and their parking lots except under such permit as described in subsection C of this section.
E. The prohibitions stated in this section shall not apply to sworn peace officers or a person in premises owned or leased by that person and applicable defenses such as self defense or defense of others should apply.
(Ord. 96-1358 § 4 (part), 1996.)
X. Alarms
Chapter 10.90
FALSE ALARMSSections:
10.90.010 False alarms.
10.90.020 Definitions.
10.90.030 Excusable false alarms.
10.90.010 False alarms.
Signals from an alarm system which are false alarms are declared to be a public nuisance. A user may have an allowance of four false alarms occurring within any calendar year. The fifth false alarm within that period shall be subject to a fee of fifty dollars charged to the user of the alarm system. Subsequent false alarms shall be charged and be subject to additional penalties accelerating at an additional fifty dollars for each false alarm, i.e., fifty dollars first, one hundred dollars second, one hundred fifty dollars third and so on. (Ord. 90-954 § 4 (part), 1990.)
10.90.020 Definitions.
A. “Alarm system” means a device of system of interconnected devices, including hardware and related appurtenances, designed to give warning of activities indicative of fire, criminal conduct, or unauthorized entry upon the protected premises.
B. “False alarm” means any activation of an alarm system not resulting from fire, criminal activity, or unauthorized entry, upon or following which, communication is made to the responding agency that an alarm has been triggered. If the alarm, when communicated, is clearly identified to the receiver as resulting from authorized entry, authorized system test, or other nonemergency cause, it shall not be considered a false alarm. If police or fire units, as applicable, respond to an alarm, check the protected premises according to standard operating procedures, and are unable to discover any evidence of fire, unauthorized entry or criminal activity, the alarm shall be deemed false, absent a preponderance of evidence to the contrary. (Ord. 90-954 § 4 (part), 1990.)
10.90.030 Excusable false alarms.
A false alarm may be excused in the discretion of the responding agency or investigator upon being satisfied that:
A. The alarm has been responsibly and regularly inspected by experienced and well-trained technicians familiar with its design, operations, and the environment in which it is installed;
B. All repairs, replacements or preventive maintenance recommended by service personnel who inspected the system have been performed;
C. The cause of the particular false alarm has been either positively identified and corrected or has not been determined to be the result of neglect, misuse or maintenance of the system, and cannot be more precisely identified despite thorough inspection, testing and analysis by technicians described in subsection A of this section;
D. Technicians, as described in subsection A of this section, have provided a written opinion that the system is unlikely to produce another false alarm from the same cause;
E. The false alarm was not the result of user error or neglect. “User” includes owners, employees, residents, family members and guests of the protected premises;
F. The premises is a premises open to the public with manually operated alarms which were obviously activated wrongfully by persons other than the users as defined above.
(Ord. 90-954 § 4 (part), 1990.)
TITLE 10 FOOTNOTES
1. For statutory provisions regarding bribery, see AS Sections 11.56.100 – 11.56.130; for the statutory provisions regarding blackmail, see AS Section 11.41.520.
2. For statutory provisions regarding state regulation of fireworks, see AS Ch. 18.72.
3. For statutory provisions regarding gambling, see AS Sections 11.66.200 – 11.66.280.
4. For statutory provisions regarding alcoholic beverages, see AS Title 4.
5. For statutory provisions regarding prostitution, see AS Sections 11.66.100 – 11.66.150.
6. For statutory provisions regarding disorderly conduct, see AS Section 11.61.110.
7. For statutory provisions regarding larceny, see AS Sections 11.46.100 – 11.46.295.
8. For statutory provisions regarding curfew, see AS Section 29.35.085.
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