ITEM TITLE:
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#21-11 - Amending Chapter 5.06 of the Valdez Municipal Code Titled Regulation of Marijuana
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SUBMITTED BY: Bart Hinkle, Chief of Police/Nicholas Farline, Parks and Recreation Director/Sheri Pierce, MMC, City Clerk/Jake Staser, City Attorney
FISCAL NOTES:
Expenditure Required: N/A
Unencumbered Balance: N/A
Funding Source: N/A
RECOMMENDATION:
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For Discussion. Public comment expected.
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SUMMARY STATEMENT:
On 7.17.21, City of Valdez personnel were asked by a local citizen how they could obtain a permit for consuming marijuana on City property (specifically, Dock Point) to commemorate a significant event in late October.
Unlike alcohol, there is not an established process, or allowance, for City personnel to grant such a request.
Consumption, and prohibition, of alcohol in certain places is clearly addressed in Section 5.08.040 of the Valdez Municipal Code, which reads:
5.08.040 (A) No person shall consume any intoxicating liquor on any public street, sidewalk, or in any city park or recreational facility.
5.08.040 (B) The parks and recreation director, with approval of the police chief, may grant exceptions to subsection A of this section. An application for a waiver must be completed and submitted to the parks and recreation director no less than five working days prior to the scheduled event.
The application has been attached for reference (Attachment #1).
In response to the request, City Administration formed a small working group (City Clerk, Legal, PRCS Director, and the Police Chief) to research and draft an allowance, if legally permitted to. Guiding statutory language exists at not only the local, but also State, level in Valdez Municipal Code, Alaska Administrative Code, and Alaska Statute.
AS 17.38.040 provides "It is unlawful to consume marijuana in public. A person who violates this section is guilty of a violation punishable by a fine of up to $100."
3 AAC 306.990 states that "in public"
(A) means in a plac...
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