Chapter 10.76
LOITERING

Sections:

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).