ITEM TITLE:
#17-02 - Amending Chapter 1.08 Section 1.08.010 of the Valdez Municipal Code Titled General Penalty, Continuing Violations. Second Reading. Adoption.
SUBMITTED BY: Sheri Pierce, City Clerk and Bart Hinkle, Police Chief
FISCAL NOTES:
Expenditure Required: NA
Unencumbered Balance: NA
Funding Source: NA
RECOMMENDATION:
Approve Ordinance # 17-02
SUMMARY STATEMENT:
Recent legislation (SB 91) affects the City of Valdez and Valdez Municipal Code by reducing the class of crimes for certain offenses - resulting in a “fine only” sentence as opposed to jail time, changing certain offenses from crimes to minor offenses, and placing the prosecutorial burden onto the individual municipalities.
Administration (Police, Clerk and Legal) have conducted a review of the Valdez Municipal Code to ensure that minor offenses which will no longer be prosecuted by the State of Alaska are established in code, thereby allowing the Valdez Police Department to charge an offense as a violation of city ordinance.
State Statute allows municipalities to charge fines in an amount up to $1,000 for minor offenses, and mandates that punishment for similar offenses may not exceed the fine and punishment established by the State. The Valdez Municipal Code currently caps fines for violations at $300 and for the vast majority of offenses require a mandatory court appearance. Ordinance #17-02 would raise the fine to allow prosecution of minor offenses previously charged under State Statute with an established fine in excess of $300. For example, the charge of Minor in Possession was previously litigated through the District Attorney’s office. As of October 4, 2016, the State of Alaska no longer prosecutes MIP’s. The burden falls upon the City. As it currently stands, however, the associated fines would be funneled to the State. Proposed changes to the Valdez Municipal Code aim to rectify that by 1) raising the maximum fine level to $500 to accommodate the fines of offenses such as MIP, and (2) establishing city ordinances that adopt the statutory language of the State of Alaska and thus allow the Valdez Police Department to charge an offense under the Valdez Municipal Code.
A concerted effort was made to ensure that the proposed changes brought the Valdez Municipal Code in line with other municipalities throughout the State, reflected the values and societal norms of the Valdez community, and were severe enough to achieve accountability and behavior modification.
Additionally, proposed changes to the Valdez Municipal Code aim to adjust to the financial cost of prosecuting offenses, as well as ways to mitigate that cost. It is anticipated that the City Attorney will be utilized more frequently than in years past. This places greater control within the City of Valdez over prosecution authority, whereas it previously rested in the State’s control, but also comes at a greater cost to the City. Raising the associated fine levels will offset some of the associated costs with utilizing the City Attorney more frequently.
By removing the mandatory court appearance requirement for a number of offenses, we aim to achieve the following: fewer minor offense hearings taking up the Valdez Court times, and less overtime associated with Officers and Animal Control Officers appearing at mandatory court appearances. Individuals charged with a municipal code violation will still have the option of entering a plea of “not guilty” and be granted a minor offense trial. Those who choose to pay the fine and forego a trial, will be able to pay a fine to the Valdez Court directly, through the mail, or online.
In order to pay a fine without a mandatory court appearance, there must be an established and published fine structure. The proposed changes reflect that, unless otherwise noted, the fine is $500 and no mandatory court appearance. In those offenses that have an established fine, the fine is specified by ordinance.
The crux of the proposed changes which will be presented in subsequent ordinances are designed to mirror statutes of the State, but allow for the Valdez Police Department to cite under city ordinance so that the City of Valdez has greater prosecutorial control and also captures the fines associated with the offenses.
Following the adoption of Ordinance #17-02 which amends the general penalty, we have prepared several ordinances which will amend those sections of the Valdez Municipal Code which address specific offenses, including adoption of a minor offense fine schedule.