Title 9 PUBLIC PEACE, MORALS AND WELFARE
Title 9 PUBLIC PEACE, MORALS AND WELFARE
Chapters:
Chapter 9.04 - CRIMES AND PENALTIES
Chapter 9.08 - JUVENILES
Chapter 9.04 CRIMES AND PENALTIES
Sections:
9.04.010 Disorderly conduct.
9.04.020 Inciting crime.
9.04.030 Resisting arrest.
9.04.040 Escape from custody.
9.04.050 Failure to assist peace officers—Aiding persons in custody.
9.04.060 Impersonating an officer.
9.04.070 Assault and battery.
9.04.080 Entering a place of prostitution.
9.04.090 Keeping a bawdyhouse.
9.04.100 Delinquency of a minor.
9.04.110 Larceny.
9.04.120 Embezzlement.
9.04.130 Retention of lost property.
9.04.140 Concealment of merchandise.
9.04.150 Trespass.
9.04.160 Destruction of property.
9.04.170 Illegal use of telephone.
9.04.180 Electrical interference.
9.04.190 Tampering with posted notices.
9.04.210 Firearms.
9.04.215 Exceptions.
9.04.220 Carrying loaded firearms.
9.04.230 False alarms.
9.04.240 Driving or taking watercraft without owners consent.
9.04.250 Possession of illegal substance.
9.04.270 Possession of tobacco by a minor.
9.04.280 Furnishing tobacco to a minor.
9.04.290 Violation—Penalty.
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9.04.300 Trapping of animals.
9.04.010 Disorderly conduct.
A.
A person commits the crime of disorderly conduct if, while within the corporate limits of the city, that
person:
1.
With intent to disturb the peace and privacy of another not physically on the same premises or
with reckless disregard that the conduct is having that effect after being informed that it is having
that effect, the person makes unreasonably loud noise;
2.
In a public place or in a private place of another without consent, and with intent to disturb the
peace and privacy of another or with reckless disregard that the conduct is having that effect after
being informed that it is having that effect, the person makes unreasonably loud noise;
3.
In a public place, when a crime has occurred, the person refuses to comply with a lawful order of
a peace office to disperse;
4.
In a private place, the person refuses to comply with an order of a peace officer to leave premises
in which the person has neither a right of possession nor the expressed invitation to remain of a
person having a right of possession;
5.
In a public or private place, the person challenges another to fight or engages in fighting other
than in self-defense as defined by state statute;
6.
The person recklessly creates a hazardous condition for others by an act which has no legal
justification or excuse;
7.
The offender intentionally exposes the offender's buttock or anus to another with reckless
disregard for the offensive or insulting effect the act may have on that person; or
8.
With no legal justification, the offender engages in window peeping.
B.
As used in this section, "noise" is "unreasonably loud" if, considering the nature and purpose of the
defendant's conduct and the circumstances known to the defendant, including the nature of the
location and the time of day or night, the conduct involves a gross deviation from the standard of
conduct that a reasonable person would follow in the same situation. "Noise" does not include speech
that is constitutionally protected.
C.
Disorderly conduct is a violation of city law and is punishable by a fine of not less than one hundred
dollars ($100.00). Upon conviction, the court may impose community work service at the current rate
determination schedule used by the court for any suspended portion of a fine over and above the
minimum fine amount as specified.
(Ord. 96-01-01 § 5: prior code § 30.10.010)
9.04.020 Inciting crime.
It is unlawful for a person to wilfully and knowingly solicit, incite or induce another to commit a
misdemeanor within the confines of the city of Hoonah.
(Prior code § 30.10.015)
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9.04.030 Resisting arrest.
It is unlawful for any person, knowingly or wilfully to resist, oppose or obstruct any policeman,
magistrate or other officer or employee of the city in the discharge of his official duties or by threats or
otherwise to intimidate or attempt to intimidate any such officer or employee in the discharge of his official
duties.
(Prior code § 30.10.020)
9.04.040 Escape from custody.
It is unlawful for any person confined to the city jail or other place of confinement in the city, or working
upon the streets, or other public places of the city, in pursuance of any judgment, or otherwise held in legal
custody by an authority of the city, to escape or attempt to escape from any such jail, prison or custody.
(Prior code § 30.10.025)
9.04.050 Failure to assist peace officers—Aiding persons in custody.
It is unlawful for any person to refuse to assist any police officer in the discharge of his duties or who
shall by any means aid or assist any prisoner or any person in custody upon the charge of the violation of
any ordinance of the city in his endeavor to escape from prison or custody, whether such escape is effected
or not.
(Prior code § 30.10.030)
9.04.060 Impersonating an officer.
Whoever shall falsely represent himself to be an officer of the city of Hoonah, or shall, without authority,
exercise or attempt to exercise any powers, duties or functions of any such officer, or whoever, not being a
peace officer of the city shall wear or have in his possession any marshal's or deputy marshal's badge, with
intent thereby to pass himself as a peace officer of the city, unless obtained from the city marshal, shall,
upon conviction thereof, be punished by fine not exceeding one hundred dollars ($100.00).
(Prior code § 30.10.035)
9.04.070 Assault and battery.
A person not armed with a dangerous weapon, who unlawfully assaults or threatens another in a
menacing manner, or unlawfully strikes or wounds another shall be guilty of a misdemeanor. For these
purposes, assault shall be defined as an intentional, unlawful offer of corporal injury to another by force, or
force unlawfully directed toward the person of another, under such circumstances as create a well-founded
fear of imminent peril, coupled with apparent present ability to execute the attempt, if not prevented, and
shall mean an offer or attempt to do bodily harm which falls short of an actual battery. For these purposes,
battery shall mean an unlawful beating, or other wrongful physical violence or constraint, inflicted on a
human being without his consent.
(Prior code § 30.10.045)
9.04.080 Entering a place of prostitution.
It is unlawful for a person to knowingly receive or to offer or agree to receive a person into a place,
structure, building, boat, automobile, trailer or other vehicle, for the purpose of prostitution, or to permit a
person to remain there for that purpose.
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(Prior code § 30.10.055)
9.04.090 Keeping a bawdyhouse.
It is unlawful for any person to keep or set up a house of ill fame, brothel, or bawdyhouse for the
purpose of prostitution, fornication, or lewdness.
(Prior code § 30.10.060)
9.04.100 Delinquency of a minor.
It is unlawful for a person to commit an act, or omit the performance of a duty, which causes or tends
to cause, encourage or contribute to the delinquency of a child under the age of eighteen (18) years.
(Prior code § 30.10.065)
9.04.110 Larceny.
It is unlawful for any person to steal, take or carry away any goods, chattels, or other property belonging
to another.
(Prior code § 30.10.070)
9.04.120 Embezzlement.
It is unlawful for an officer, agent, clerk, employee, or servant to embezzle or fraudulently convert to
his own use, or take or secrete with intent to embezzle or fraudulently convert to his own use, money,
property, or thing of another, which has a total value of less than one hundred dollars ($100.00), and which
may be the subject of larceny, and which has come into his possession or under his care by virtue of his
employment.
(Prior code § 30.10.075)
9.04.130 Retention of lost property.
It is unlawful for a person who finds lost property to appropriate it to his own use or the use of another
person not entitled to it, without:
A.
Immediately or within a reasonable time advertising the fact in a paper of general circulation
published nearest the place where found, and setting out a full and true description of the property,
with marks of identification, if any; or
B.
Notifying the peace officer nearest to the place where found and giving a full and true description
of the property, together with the time, place and circumstances under which found.
(Prior code § 30.10.080)
9.04.140 Concealment of merchandise.
A.
It is unlawful for a person to, without authority, wilfully conceal upon or about his person the goods or
merchandise of a retail business establishment, not theretofore purchased by the person, while still on
the premises of the retail business establishment, with the intent to deprive the owner of the goods, or
merchandise.
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B.
Goods or merchandise found concealed upon or about the person and which have not theretofore
been purchased by the person, are prima facie evidence of a wilful concealment.
(Prior code § 30.10.085)
9.04.150 Trespass.
It is unlawful for a person other than an officer on lawful business to trespass on lands or premises in
the lawful occupation of another, and fail, neglect, or refuse to depart immediately and remain away until
permitted to return upon the verbal, printed or written notice of the owner or person in the lawful occupation
of the lands or premises.
(Prior code § 30.10.090)
9.04.160 Destruction of property.
It is unlawful for a person to maliciously or wantonly disfigure or injure the property of another.
(Prior code § 30.10.095)
9.04.170 Illegal use of telephone.
It is unlawful for a person to anonymously telephone another person repeatedly for the purpose of
annoying, molesting, abusing through vile or obscene language, or harass that person or his family.
(Prior code § 30.10.100)
9.04.180 Electrical interference.
A.
It is unlawful for any person, firm, corporation, association or partnership to knowingly or wantonly
operate or cause to be operated within the corporate limits of the city of Hoonah between the hours of
seven p.m. and twelve midnight of the same day, any vibrating battery charger or other apparatus or
equipment in such a manner as to cause electric, electro-static or electro-magnetic waves to be
radiated therefrom in such manner as to result in interference with radio reception; the taking of x-ray
pictures, examinations or treatments may be made at any time if the machine or apparatus used
therefore are properly equipped to avoid all unnecessary or reasonably preventable interference with
radio reception and are not negligently operated.
B.
It is unlawful to operate in the city of Hoonah, any radio receiving equipment in such manner as to
cause electro-static or electro-magnetic waves to radiate from its antenna in such manner as to result
in interference with radio reception.
C.
It is unlawful to erect any aerial in such a position over or above high-tension electrical wires as would
tend to endanger life or property or in any way interfere with telephone poles, electrical poles, or wires
connecting therewith.
D.
The owner or operator of any machine, apparatus, or device which operates or is being operated in
contravention of the preceding subsections shall be given forty-eight (48) hours after receipt of notice
of violation to repair or discontinue the use of such machine, apparatus or device either by
discontinuance of the use of such machine during the hours of prohibited use or by repairing the same
so that it complies with the foregoing subsections.
(Prior code § 30.10.105)
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9.04.190 Tampering with posted notices.
It is unlawful for a person to wilfully tear down, alter, or deface a posted, written or printed notice,
posted or put up under a law requiring or authorizing it to be done, before the time for which the notice is
given has expired.
(Prior code § 30.10.110)
9.04.210 Firearms.
A.
It is unlawful for any person excepting a peace officer on duty to discharge any bows, crossbows, long
bows, carriage bows or similar devices, pistol, gun, rifle or any other type of firearm within one hundred
(100) yards of any public street, road or highway within the city which is maintained for public use.
B.
It is unlawful for any person, other than authorized police personnel, to intentionally, and without
malice, point or aim a firearm at or toward a person, or discharge a firearm so pointed or aimed at a
person, or point or discharge a firearm at or toward a person or object without knowing the identity of
the object and maiming or injuring a human being.
(Ord. 06-01-02 § 2 (part): prior code § 30.10.120)
9.04.215 Exceptions.
A.
It is not unlawful to discharge a firearm at a rifle range, target-shooting range, trap-shooting range or
other area which is posed for such purpose during daylight hours, providing that the chief of police
shall have approved the area as being safe for such purpose and providing that such shooting is
adequately supervised and safely conducted or within designated "No Hunting" areas established with
signage.
B.
It is not unlawful to discharge a bow, crossbow, long bow, carriage bow or other similar device on
private property; provided, that the discharge is solely for target practice or enjoyment or improving
skills; and provided, that the area is safe for such purpose and safely conducted.
(Ord. 06-01-02 § 2 (part))
9.04.220 Carrying loaded firearms.
It is unlawful for any person, except authorized police personnel, to carry any firearm, air rifle, air pistol,
B-B gun, dart or other ammunition within the chamber thereof, within the corporate limits of the city.
(Ord. 06-01-02 § 2 (part): prior code § 30.10.125)
9.04.230 False alarms.
It is unlawful for a person with knowledge that it is false, to intentionally make or turn in, a false alarm
for fire, or aid or abet the commission of such act. It is unlawful for any person to tamper with the fire alarm
system of the city or any part thereof, or to be in the unauthorized possession of keys for operating fire
alarm boxes.
(Prior code § 30.10.130)
9.04.240 Driving or taking watercraft without owners consent.
A person who drives, tows away, or takes a watercraft not his own without the consent of the owner,
with the intent to temporarily deprive the owner of possession of the watercraft or a person who is a party
or accessory to or an accomplice in the unauthorized driving, towing or taking, is guilty of a misdemeanor.
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(Prior code § 30.10.150)
9.04.250 Possession of illegal substance.
A.
It is unlawful for any person(s) to possess, sell, or distribute a dangerous, harmful or detrimental
substance, in any amount, on public street(s) or sidewalk(s), or on the premises of a public carrier,
business, establishment or any other public place in the city of Hoonah.
B.
Dangerous, harmful or detrimental substance shall be those listed and specified in schedules IA, IIA,
IVA, VA and VIA, controlled substance, are those that are described in the Alaska Statutes—Title 11,
Sections 11.71.140 through 11.71.190.
C.
A violation of this section shall carry a civil penalty of up to three hundred dollars ($300.00).
(Ord. 87-06-09-01 § 5: prior code § 30.10.135)
9.04.270 Possession of tobacco by a minor.
A.
It is unlawful for any person under nineteen (19) years of age to purchase, possess or use any
cigarette, pipe, cigar or any other tobacco product on public property or in any public place within the
corporate limits of the city.
B.
Possession of tobacco by a minor is a violation of city law and punishable by a fine of twenty dollars
($20.00).
(Ord. 96-01-02 § 5 (part))
9.04.280 Furnishing tobacco to a minor.
A.
It is unlawful for any person nineteen (19) years of age or older to furnish a minor not in their lawful
custody or care and within the confines of their own home with any cigarette, pipe, cigar or any other
tobacco product.
B.
Furnishing tobacco to a minor is a violation of city law. Upon conviction, the court shall impose a fine
of not less than fifty dollars ($50.00).
(Ord. 96-01-02 § 5 (part))
9.04.290 Violation—Penalty.
In accordance with Section 1.16.010 of this code, the penalty for any violation of Title 9, unless the
maximum fine is specifically provided for, or otherwise, shall be a fine not to exceed one thousand dollars
($1,000.00).
(Ord. 96-01-02 § 5 (part))
9.04.300 Trapping of animals.
It is unlawful for any person, except for authorized representatives of the city or state of Alaska to trap
any animal, whether it be wild, feral or domesticated, within one mile of any maintained road or road system
inside the municipal boundary.
As defined in Webster's New World Dictionary, "trapping" has the meaning of any device designed to
catch animals, or any stratagem designed to catch or trick an animal.
(Ord. 02-11-09)
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Chapter 9.08 JUVENILES
Sections:
9.08.010 Curfew hours for minors.
9.08.010 Curfew hours for minors.
A.
Definitions. As used in this section:
"Curfew hours" means:
1.
Eleven p.m. on any Sunday, Monday, Tuesday, Wednesday, or Thursday until five a.m. of
the following day from May 15th to September 1st or ten p.m. until five a.m. of the following
day for the balance of the year; and
2.
Twelve a.m. until five a.m. on Friday, Saturday, and legal holidays.
"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, a natural disaster, or automobile
accident, or any situation requiring immediate action to prevent serious bodily injury or loss of life.
"Guardian" means:
1.
A person who, under court order, is the guardian of the person of a minor; or
2.
A public or private agency with whom a minor has been placed by the court.
"Minor" means any person under eighteen (18) years of age who has not arrived at the age of
majority under AS 25.20.020.
"Parent" means a person who is:
1.
A natural parent, adoptive parent, or step-parent of another person; or
2.
At least eighteen (18) years of age and authorized by a parent or guardian to have the care
and custody of a minor.
"Remain" means to:
B.
C.
1.
Linger or stay; or
2.
Fail to leave premises when requested to do so by a police officer or the owner, operator, or
other person in control of the premises.
Offenses.
1.
A minor commits an offense if he remains in any public place or on the premises of any
establishment within the city during curfew hours.
2.
A parent or guardian of a minor commits an offense, if after the juveniles first offense, he
knowingly permits, or by insufficient control allows, the minor to remain in any public place or on
the premises of any establishment within the city during curfew hours.
Defenses. It is a defense to prosecution under subsection B of this section that the minor was:
1.
Accompanied by the minor's parent or guardian;
2.
On an errand at the direction of the minor's parent or guardian, without any detour or stop;
2.
Engaged in an employment activity, or going to or returning home from and employment activity,
without any detour or stop;
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4.
Involved in an emergency;
5.
On the sidewalk abutting the minor's residence or abutting the residence of a next-door neighbor
if the neighbor did not complain to the police department about the minor's presence;
6.
Attending an official school, religious, or other recreational activity supervised by adults and
sponsored by the city, a civic organization, or another similar entity that takes responsibility for
the minor, or going to or returning home from, without any detour stop, an official school, religious,
or other recreation activity supervised by adults and sponsored by the city, a civil organization, or
another similar entity that takes responsibility for the minor.
7.
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; or
8.
Married or had been married or had disabilities of a minority removed in accordance with AS
9.55.590.
D.
Enforcement. Before taking any enforcement action under this section, a police officer shall ask the
apparent offender's age and reason for being in the public place. The officer shall not issue a citation
or make an arrest under this section unless the officer reasonably believes that an offense has
occurred that, based on any response and other circumstances, no defense in subsection C of this
section is present.
E.
Penalties.
1.
A person who violate a provision of this chapter is guilty of a separate offense for each day or
part of a day during which the violation is committed, continued, or permitted. Each offense, upon
conviction, is punishable by a fine not to exceed two hundred fifty dollars ($250.00) or community
work service in accordance with the provisions of AS 47.12.030(b).
(Ord. 98-01-03 § 5)
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