Chapter 5.05
COMMERCIAL TOURISM ACTIVITY REGULATION
Sections:
5.05.010 Commercial tourism business agreement.
5.05.020 Registered owner’s responsibility.
5.05.040 Fees for noncompliance with commercial tourism business agreement.
5.05.050 Administrative appeal.
5.05.010 Commercial tourism business agreement.
(a) The purpose of tour agreements is to provide for safe, respectful commercial tourism operating procedures, assure a fair business climate, and help mitigate impacts and additional costs to the City of Saxman which are created by commercial tourism activities.
(b) No person or business shall conduct commercial tourism business activities within Saxman City limits without a current tour agreement approved and executed by the City of Saxman Mayor, City Administrator, or their authorized representative. [Ord. 07-2014-50 § 1].
5.05.020 Registered owner’s responsibility.
It is unlawful for any person, firm, or corporation to authorize or knowingly to permit any vehicle registered in his or its name to be operated in violation of any provision of this title. [Ord. 07-2014-50 § 1].
5.05.030 Notices.
(a) Notices of Violation. In addition to or in lieu of any other procedures provided for in this title, an enforcement officer, or designated City official, is authorized to give notice to the persons accused of violating any provision of this chapter. The notices of violation shall provide:
(1) A brief description of the violation;
(2) The registration number and/or other identification of the vehicle if available;
(3) The approximate time and place of violation;
(4) The penalty for the violation;
(5) The City office and address where the penalty may be paid;
(6) A statement that unless an appeal is filed within 10 days from the date of the violation or the penalty is paid within 30 days of the violation an additional fee of $25.00 will be imposed;
(7) A brief description of the procedure for appealing the notice of violation, the office where such appeal must be filed and the time for filing an appeal;
(8) A notice that timely payment of the penalty will waive the rights to appeal or contest the notice of violation or penalty;
(9) A notice that the person has a right to an administrative hearing at which the person may be represented by counsel, confront and question witnesses, testify, and subpoena witnesses;
(10) A notice that failure to timely and properly file an appeal or pay the penalty will be deemed an admission of the violation, will waive all rights to appeal or contest the notice of violation or penalty, will cause the penalty and late payment fee to become immediately due and payable, and will subject the person to additional collection costs if the penalty and fee are not paid;
(11) Such other information as the Mayor may require.
Failure to timely pay the penalty shown on the notice of violation or failure to timely and properly appeal the notice of violation shall constitute a waiver of all right to appeal or contest the notice of violation or penalty and shall be deemed an admission of violation described in the notice of violation; and shall cause the penalty and late payment fee described in SMC 5.05.040 to become immediately due and payable. Timely payment of the penalty will waive all rights to appeal or contest the notice of violation or penalty.
(b) Additional Notice. If the penalty set forth in SMC 5.05.040 has not been paid within at least 30 days from the date the notice of violation was issued and if an appeal has not been filed, an additional notice shall be sent to the persons alleged to have been in violation. The notice shall contain:
(1) A brief description of the violation;
(2) The registration number and/or other identification of the vehicle if available;
(3) The approximate time and place of the violation;
(4) A statement that the penalty and additional fee of $25.00 are due;
(5) A statement that the time for appeal has passed unless within 10 days from the date the notice was mailed the person files a written appeal and proves to the hearing officer by satisfactory evidence that the person did not receive the notice of violation and that the failure to receive the notice was not the result of any act or omission of the person; of any registered owner of the vehicle; or of anyone else who operated the vehicle with the consent of any registered owner;
(6) A brief statement of the procedure for appealing and the office where such appeal must be filed;
(7) The City office and address where the penalty and fees may be paid;
(8) Such other information as the Mayor may require. [Ord. 07-2014-50 § 1].
5.05.040 Fees for noncompliance with commercial tourism business agreement.
(a) The following fees shall apply to individuals or businesses who are noncompliant with commercial tourism business agreement requirements:
(1) Type of violation: parking, driving, stopping, idling, or otherwise operating commercial tour vehicles in a manner which is noncompliant with a current tourism business agreement, or without prior authorization documented within a tourism business agreement:
(A) General penalty, vehicles 25 feet in length or less:
(i) First infraction – $30.00;
(ii) Second infraction – $50.00;
(iii) Third (and subsequent) infraction – $100.00.
(B) General penalty, vehicles greater than 25 feet in length:
(i) First infraction – $100.00;
(ii) Second infraction – $200.00;
(iii) Third (and subsequent) infraction – $300.00;
(C) Processing fee – $20.00.
(2) Type of violation: conducting commercial tourism activities without a current tourism business agreement:
(A) General penalty:
(i) First infraction – $150.00;
(ii) Second infraction – $300.00;
(iii) Third (and subsequent) infraction – $500.00.
(B) Headcount fee:
(i) Walking – $5.00 per visitor;
(ii) Drive-through – $5.00 per visitor.
(C) Processing fee – $20.00.
(3) Type of violation: failure to pay headcount fee as specified within an active tourism business agreement:
(A) General penalty:
(i) Walking – $10.00 per visitor;
(ii) Drive-through – $5.00 per visitor.
(B) Processing fee – $20.00.
(4) Type of violation: individuals nonresident to Saxman visiting Totem Row Park, and refusing to pay individual visitor fee to the City of Saxman:
(A) General penalty – $10.00 per visitor;
(B) Processing fee – $20.00.
(b) Late Payment Fee. Except as provided in this section, fines or penalty shall be increased by an additional $25.00 in the event that the fine or penalty is not paid in full within 30 days of the date the notice of violation or citation was issued. In computing the 30-day period, the period during which a properly filed and timely appeal is pending shall not be considered. In addition to the fines and penalties described above, the violator shall pay all collection and legal costs incurred in collection of a fine or penalty exclusive of: the costs of administration appeal described in SMC 5.05.050.
(c) Collection of Fines, Penalties, and Costs. An alleged violator of any of the provisions described in this section who has failed to pay all fines, penalties, late payment fees, and costs described in this section shall, upon expiration of any time for appeal, be indebted to the city in the amount of such fines, penalties, late payment fees, and costs. In addition to or in lieu of any other provision for collection of such fines, penalties, late payment fees, and costs, the City may collect these amounts as a debt and may use such collection services and methods as are determined by the City Administrator. [Ord. 07-2014-50 § 1].
5.05.050 Administrative appeal.
(a) Right to Appeal Notices of Violation. Any person to whom a notice of violation as described in SMC 5.05.030 has been issued and any person who is the registered owner of a vehicle to which a notice of violation was affixed may appeal the notice of violation in the manner set forth below.
(b) Time for Appeal. Within 10 days of the date the notice of violation was issued any person appealing a notice of violation shall file with the City Clerk a written appeal. A written appeal may also be filed with the City Clerk within 10 days of the date the notice described above was mailed; provided, however, that the appeal will be considered untimely unless the appellant proves to the hearing officer, designated by the Mayor, by satisfactory evidence that the person did not receive the notice of violation and the failure to receive notice was not the result of any act or omission of the person, of any other registered owner or of any other person who operated the vehicle with the consent of any registered owner. If the person appealing provided such satisfactory evidence, the person shall not be charged a late payment fee for the period prior to the date of the hearing officer’s decision. Failure to file a written appeal within the time limits set forth above shall waive any rights to appeal or contest the notice of violation or penalties, fees and costs imposed for the violation.
(c) Contents of Written Appeal. The written appeal shall state:
(1) The name and mailing address of the appellant;
(2) The number or other sufficient identification of the notice of violation;
(3) A description of the vehicle;
(4) Any facts, documents, photographs, witness statements or other evidence supporting the appeal;
(5) A statement of the reasons for appeal;
(6) A statement as to whether the appellant requests a hearing before an administrative hearing officer or desires to have the administrative hearing officer decide the matter without a hearing. Unless a hearing is requested, the appellant’s rights to a hearing, to be represented by counsel at appellant’s cost, and the opportunity to present evidence and to examine and cross-examine witnesses will be waived. If the appellant waives hearing, the hearing officer may determine the case based upon the written statements of the appellant, the issuing officer and any witnesses upon the hearing officer’s own observations;
(7) The signature of the appellant and the date of signing; and
(8) Such other information as the City Administrator may require.
The City Administrator shall prepare appeal forms which appellant may use.
(d) Hearing Procedures.
(1) Date. Unless otherwise agreed by the appellant and the hearing officer, any hearing requested pursuant to this section shall take place no later than 15 days from the date the written notice of appeal is filed with the City.
(2) Procedures. The administrative hearing shall be conducted informally and may be governed by such rules and procedures as the hearing officer may choose to establish, except that:
(A) Parties may appear in person or through counsel;
(B) Parties may present witnesses and evidence on their own behalf;
(C) Parties or their counsel may cross-examine opposing witnesses on matters relevant to the issues, impeach witnesses regardless of which party first called the witness to testify, and rebut evidence against himself;
(D) Relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of a common law or statutory rule which makes improper the admission of the evidence over objection in a civil action. Hearsay evidence may be considered provided there are guarantees of its trustworthiness and that it is more probative on the point for which it is offered than any other evidence which the proponent can procure by reasonable efforts;
(E) All proceedings shall be open to the public;
(F) All parties shall have the right to subpoena witnesses and documents using a form provided by the City Clerk and submitted to the Clerk for issuance at least five working days before the date of the hearing;
(G) The hearing shall be memorialized by an electronic recording or a stenographic record;
(H) Failure of an appellant to appear at a hearing when such hearing has been requested by appellant shall waive all right to a hearing and shall render the amount of the fines, penalties and costs due and owing.
(e) Scope of Review. The hearing officer’s decisions shall be based solely upon the law and the facts applicable to the case. If a violation is legally determined to have occurred, the hearing officer shall not substitute his/her judgment for that of the police officer or parking enforcement officer as to whether a notice of violation should have been issued. If a violation is legally determined to have occurred, the hearing officer shall furthermore not substitute his/her judgment for the Council, manager or other parking authority which enacted the regulation or ordinance and shall not reduce the penalty below that provided for under section SMC 5.05.040.
(f) Decision. No later than 15 days following the hearing the hearing officer shall issue a written decision based on findings and conclusions adopted by the hearing officer. Such findings must be in writing and must be reasonably specific so as to provide interested persons and, where appropriate, reviewing authorities, a clear and precise understanding of the reasons for the decision entered. The decision, findings of fact and conclusions of law shall be forwarded to all parties to the appeal.
(g) Payment. If the hearing officer upholds the notice of violation the appellant shall pay the penalty, any applicable late fees and costs of collection.
(h) Reconsideration and Appeal. The decision of the hearing officer reached at the conclusion of a quasi-judicial proceeding or administrative hearing may be reconsidered or reheard only if:
(1) There was substantial procedural error in the original proceedings;
(2) The hearing officer acted without jurisdiction; or
(3) The original decision was based on fraud or misrepresentation.
Any person seeking reconsideration or rehearing must file a request with the City Clerk together with the materials supporting one or more of the grounds stated above within 15 days of the decision for which reconsideration or rehearing is requested. A rehearing shall be conducted in the same manner as the original proceeding. The decision of the hearing officer may be appealed to the Superior Court pursuant to the Alaska rules of court, appellate rules.
(i) Appointment of Hearing Officers. The hearing officers shall be appointed by the Mayor and confirmed by the Council. [Ord. 07-2014-50 § 1].