Chapter 1.02
VIOLATIONS
Sections:
1.02.010 Attempts to commit a misdemeanor.
1.02.020 Failure to pay fine and/or costs.
1.02.030 Violations – Penalty.
1.02.040 Suspended imposition of sentence.
1.02.050 Citation enforcement.
1.02.060 Content of citations.
1.02.070 Citation – When deemed lawful complaint.
1.02.090 Payment of fine without court appearance.
1.02.100 Citation – Failure to appear.
1.02.010 Attempts to commit a misdemeanor.
Every person who attempts to commit a misdemeanor, and in such attempt does any act toward the commission of such misdemeanor, but fails or is prevented or intercepted in the perpetration thereof, is guilty of a misdemeanor, and shall be punished in the manner prescribed for the attempted misdemeanor itself. (Code 1962 § 13-2)
1.02.020 Failure to pay fine and/or costs.
When the defendant has been convicted of any offense under this code, a judgment that the defendant pay a fine may also direct that he pay within a limited time or in installments on specified dates, but unless such direction is given in the judgment, the fine shall be payable forthwith. (Ord. 1269 § 1, 1993; Ord. 744 § 1, 1971. Code 1962 § 13-4)
1.02.030 Violations – Penalty.
(a) It is unlawful for any person to violate any provision or to fail to comply with any of the requirements of this code. Any person violating any of the provisions or failing to comply with any of the mandatory requirements of this code, unless provision is otherwise herein made, shall upon conviction thereof be punished by a fine of not more than $500.00. Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of this code is committed, continued, or permitted by such person and shall be punished accordingly. In addition to the penalties hereinabove provided, any condition caused or permitted to exist in violation of any of the provisions of this code shall be deemed a public nuisance and may be, by this city, summarily abated as such, and each day that such condition continues shall be regarded as a new and separate offense.
(b) In addition to any fines or other penalties imposed under this code, any person violating any of the provisions of this code shall pay any surcharges required by law. Such surcharges shall be collected in the same manner as fines unless or by such other means as may be practical. (Ord. 1758 § 7, 2014; Ord. 1530 § 1, 2005; Ord. 1403 § 1, 1998; Ord. 744 § 2, 1971; Ord. 723 § 1, 1970. Formerly 1.02.040)
1.02.040 Suspended imposition of sentence.
(a) Where the court is authorized by this code to impose a sentence of imprisonment for violation of a certain provision, the court may suspend the imposition of sentence and may direct that the suspension continue for a period of time, not exceeding the maximum term of sentence which may be imposed, and upon the terms and conditions which the court determines. Such suspension of imposition of sentence may be made when the court, in its discretion, finds that there are circumstances in mitigation of the punishment, or that the ends of justice will be served.
(b) The court may, in its discretion, issue a warrant for the rearrest of a person released under a suspended imposition of sentence at any time during the period of suspension, if the interests of justice require, and if the court has reason to believe the person is violating the terms or conditions of the suspension.
(c) Upon the revocation of the suspension of sentence, the court may pronounce sentence at any time after the suspension of the sentence within the longest period for which the defendant might have been sentenced.
(d) At the end of the period of suspension, the defendant shall be discharged by the court. At the time of the discharge, the court may set aside the conviction and issue to the defendant a certificate to that effect.
(e) Where the court is authorized by this code to impose the sentence of payment of a fine for violation of a certain provision, the court may suspend the imposition of sentence for a period of time not to exceed 90 days, upon the terms and conditions which the court determines. If the terms or conditions are violated during the period of suspension, the court may revoke the suspension of sentence and order the payment of the fine. If the terms or conditions are not violated during the period of suspension, the defendant shall be discharged by the court, and the court may set aside the conviction and issue to the defendant a certificate to that effect. (Ord. 1758 §§ 2, 7, 2014; Ord. 784 § 1, 1973. Formerly 1.02.050)
1.02.050 Citation enforcement.
In addition to or in lieu of any other method for the enforcement of this code, police officers and enforcement agents may enforce any provision of this code by the issuance of citations to the alleged violators. When the alleged violator of an ordinance governing the parking, stopping or keeping of a vehicle or vessel is not present, a citation may be affixed to the vehicle or vessel in lieu of issuance to the alleged violator. The citation authority granted under this section through KMC 1.02.120 shall be in addition to any other authority and shall not be interpreted as a limitation on the authority of peace officers to enforce this code whether by citation or by other means. (Ord. 1758 § 7, 2014; Ord. 1269 § 2, 1993. Formerly 1.02.060)
1.02.060 Content of citations.
(a) The chief of police or his designee shall issue books containing appropriate citations and shall maintain a record of each book and of each citation contained in it and shall require and retain a receipt for every book issued to a peace officer or enforcement agent.
(b) The form and content of citations shall conform to the requirements of state statutes and the rules of court. (Ord. 1758 §§ 3, 7, 2014; Ord. 1269 § 3, 1993. Formerly 1.02.070)
1.02.070 Citation – When deemed lawful complaint.
If the form of citation includes the information required by KMC 1.02.060 and is sworn or certified to as required under the laws of the state, then such citation when filed in the court having jurisdiction shall be deemed to be a lawful complaint for the purpose of prosecution under this code. (Ord. 1758 § 7, 2014; Ord. 1269 § 4, 1993. Formerly 1.02.080)
1.02.080 Disposition.
(a) All citations issued by the Ketchikan police department shall be deposited with the district court, first judicial district at Ketchikan.
(b) Citations issued by departments of the city, other than the Ketchikan police department, shall be deposited with the Ketchikan police department to be delivered to the district court, first judicial district at Ketchikan when:
(1) The offense requires a mandatory court appearance;
(2) The defendant requests arraignment or trial for optional court appearance offenses; or
(3) The city requests a default judgment.
(c) Upon filing of such citation in the district court as aforesaid, the citation may, except as otherwise provided by law, be disposed of only by trial in the court or by other official action by a judge of the district court, by official action of a prosecutor or by payment of the applicable fine and surcharge as provided by this chapter.
(d) The chief of police or his designee shall also maintain or cause to be maintained a record of all warrants, summons, and orders to show cause, and charges of failure to appear issued by the district court on violations for which citations have been issued, which are delivered to the police department for service, and of the final disposition of each.
(e) It is unlawful and official misconduct for any member of the police department or other officer or public employee to destroy, alter or deface a citation, or any copy thereof, or the records of the issuance, or the disposition of any citation, complaint, or a warrant, in a manner other than as authorized by this title.
(f) The chief of police or his designee shall require every police officer and enforcement agent to return a copy of every citation issued by the officer or agent to an alleged violator and all copies of every citation that have been spoiled or upon which any entry has been made and not issued to an alleged violator. The chief of police shall also maintain in connection with every citation issued by an officer or agent a record of the disposition of the charge. (Ord. 1951 §§ 1 – 3, 2022; Ord. 1758 §§ 4, 7, 2014; Ord. 1269 § 5, 1993. Formerly 1.02.090)
1.02.090 Payment of fine without court appearance.
(a) A person receiving a citation issued by the Ketchikan police department for a violation for which a fine has been scheduled may, within 30 days from the date of the citation, mail or personally deliver to the court, the amount of the scheduled fine and surcharge indicated on the citation together with a copy of the citation for the violation signed by the person indicating the person’s waiver of court appearance, entry of a plea of no contest, and payment of the fine and surcharge. The receipt of the fine, surcharge, and the signed plea of no contest shall act as a judgment of conviction. The payment of the fine and surcharge shall be complete satisfaction for that particular offense, but will not bar subsequent actions to enjoin violations, to order compliance or to prosecute repeated violations. Disposition of any offense under this section may not occur unless the person cited for the offense pays the surcharge prescribed in AS 12.55.039 in addition to the scheduled fine amount. If no fine has been scheduled for an offense, the alleged violator shall appear in the district court on the date shown on the citation.
(b) A person receiving a citation issued by any department of the city other than the Ketchikan police department for a violation for which a fine has been scheduled may, within 30 days from the date of the citation, mail or personally deliver to the city, the amount of the scheduled fine and surcharge indicated on the citation together with a copy of the citation for the violation signed by the person indicating the person’s waiver of court appearance, entry of a plea of no contest, and payment of the fine and surcharge. The receipt of the fine, surcharge, and the signed plea of no contest shall act as a judgment of conviction. The payment of the fine and surcharge shall be complete satisfaction for that particular offense, but will not bar subsequent actions to enjoin violations, to order compliance or to prosecute repeated violations. Disposition of any offense under this section may not occur unless the person cited for the offense pays the surcharge prescribed in AS 12.55.039 in addition to the scheduled fine amount. If no fine has been scheduled for an offense, the alleged violator shall appear in the district court on the date shown on the citation. (Ord. 1951 § 4, 2022; Ord. 1758 §§ 5, 7, 2014; Ord. 1269 § 6, 1993. Formerly 1.02.100)
1.02.100 Citation – Failure to appear.
It is unlawful for a person who has been issued a citation for a violation of any provision of this code, or the owner of a vehicle or vessel to which a citation was affixed in accordance with the provision of KMC 1.02.050 to fail to appear in court on the date specified or at such other times as set by the court unless such person has made satisfactory arrangements with the appropriate authority prior to the specified appearance date for a different court appearance, has not received the citation, or has paid the scheduled fine, waived appearance and entered a plea of no contest. (Ord. 1758 § 7, 2014; Ord. 1269 § 7, 1993. Formerly 1.02.110)
1.02.110 Fine schedule.
The city council may adopt fine schedules for certain violations of this code. (Ord. 1758 §§ 6, 7, 2014; Ord. 1269 § 8, 1993. Formerly 1.02.120)
1.02.120 Enforcement agents.
The city manager may designate employees of a particular department as enforcement agents to enforce specific provisions of this code which are administered or enforced by that department. The city manager or his designee may also appoint other persons as enforcement agents to enforce designated provisions of this code. The city manager may, in his discretion and without appeal, remove such designation from any employee. Such enforcement agents are authorized, under the supervision and direction of the city manager, to issue citations to persons who are alleged in violation of the specific provisions of this code which the enforcement agent has been designated to enforce. (Ord. 1758 § 7, 2014; Ord. 1382 § 1, 1997; Ord. 1269 § 9, 1993. Formerly 1.02.130)