Chapter 9.12
OFFENSES AGAINST PUBLIC PEACE AND DECENCY
Sections:
9.12.010 Offenses against the peace—Disorderly conduct.
9.12.030 Loitering, etc., on school grounds.
9.12.070 Fireworks, explosives, stench bombs.
9.12.080 Invasive viewing prohibited.
9.12.090 Prostitution, lewdness, assignation, etc.
9.12.100 Violating conditions of release.
9.12.010 Offenses against the peace—Disorderly conduct.
A. A person commits the crime of disorderly conduct if:
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 officer 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 express 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;
6. The person recklessly creates a hazardous condition for others by an act which has no legal justification or excuse; or
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.
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. Violation of this section is punishable by a fine of fifty dollars for a first violation, one hundred dollars for a second violation, two hundred dollars for a third violation, and four hundred dollars for a fourth and each subsequent offense. (Ord. 17-03 § 1 (part): Ord. 14-06 § 1 (part): prior code § 17-6)
9.12.020 Vagrancy.
It is unlawful for any person to occupy, lodge or sleep in any vacant or unoccupied barn, garage, shed, shop, washroom, or other building or structure other than such as is kept for lodging purposes, or on any lot, beach, sidewalk or other real property, or in any automobile, truck, bus, or other vehicle, without owning the same or without permission of the owner or person entitled to the possession thereof. Upon citation under this section, court appearance is mandatory. (Ord. 17-06 § 2: Ord. 17-03 § 1 (part): Ord. 14-06 § 1 (part): prior code § 17-7)
9.12.030 Loitering, etc., on school grounds.
It is unlawful for any person to loiter, idle or wander in, about or on any public, private or parochial school grounds or buildings, either on foot or in or on any vehicle, without having some lawful business therein or thereabout, or in connection with such school or the employees thereof, or for any person to do any of the following:
A. Disrupt or otherwise prevent the orderly conduct of classes and activities of any such school;
B. Conduct themselves in a loud, wanton or lascivious manner in speech or behavior in or about any such school building or school grounds;
C. Violation of this section is punishable by a fine of fifty dollars for a first violation, one hundred dollars for a second violation, two hundred dollars for a third violation, and four hundred dollars for a fourth and each subsequent offense. (Ord. 17-03 § 1 (part): Ord. 14-06 § 1 (part): prior code § 17-10)
9.12.050 Gambling.
The provisions of Title 11 of the Alaska Statutes relating to gambling are hereby incorporated by reference as though fully set forth herein. A person engaged in unlawful gambling shall be guilty of a minor offense punishable by a fine not to exceed one thousand dollars. Upon citation under this section, court appearance is mandatory. (Ord. 17-03 § 1 (part): Ord. 14-06 § 1 (part): prior code § 17-18)
9.12.070 Fireworks, explosives, stench bombs.
A. Use of fireworks is prohibited at all times except from ten p.m. on July 3rd to eleven-fifty-nine p.m. on July 4th, and from four p.m. on December 31st to eight p.m. on January 1st of each year subject to provisions of Section 8.20.070.
B. The sale of fireworks to any person under the age of eighteen is prohibited. It is unlawful for persons under eighteen years of age to purchase fireworks. Purchasers of fireworks must show proof of age upon request by seller.
C. It is unlawful for any person to negligently or unlawfully discharge fireworks in a manner that could reasonably cause harm to life and property.
D. It is unlawful for any person under the influence of alcohol or a controlled substance to discharge fireworks.
E. The chief of police may revoke permission whether expressly given or implied under this section where the health and safety of a person may be endangered.
F. Violation of subsections A and B of this section is punishable by a one-hundred-dollar fine. Violation of subsections C and D of this section is punishable by a three-hundred-dollar fine. (Ord. 23-02 § 1; Ord. 17-03 § 1 (part): Ord. 14-06 § 1 (part): prior code § 17-19)
9.12.080 Invasive viewing prohibited.
A. It is unlawful for any person to look into the windows or doors of any dwelling or building in the city in such a manner as would be likely to interfere with the occupant’s reasonable expectation of privacy and without the occupant’s express or implied consent.
B. It is unlawful for any person to use any camera, videotape, photo-optical, photoelectric or any other image recording device for the purpose of secretly photographing, filming, or videotaping a person present in a dwelling or other building, if that person:
1. Is in a private area out of public view; or
2. Has a reasonable expectation of privacy; or
3. Has not consented to the observation.
C. Upon citation under this section, court appearance is mandatory. (Ord. 17-03 § 1 (part): Ord. 14-06 § 1 (part): prior code § 17-26. Formerly 9.12.100)
9.12.090 Prostitution, lewdness, assignation, etc.
A. “Prostitution” means the giving or receiving of the body for sexual intercourse for hire. “Lewdness” means any indecent or obscene act. “Assignation” means the making of any appointment or engagement for prostitution or lewdness or any act in furtherance of such appointment or engagement.
B. No person shall engage in prostitution, lewdness or assignation.
C. No person shall solicit, induce, entice, invite, compel, force, require or procure another to commit an act of lewdness, assignation or prostitution.
D. No person shall maintain or operate any place, house, building, other structure or part thereof or vehicle or trailer used for the purpose of lewdness, assignation or prostitution, or let, lease or rent any such place, premises or conveyance or part thereof to another with knowledge or reasonable cause to believe that the intention of the lessee is to use such place, premises or conveyance for prostitution, lewdness or assignation.
E. No person shall offer, or offer to secure, another for the purpose of prostitution, or for any other lewd or indecent act.
F. No person shall direct, take or transport, or offer or agree to take or transport, or aid or assist in transporting, another to any house, place, building, other structure, vehicle, trailer or to any other person with knowledge or reasonable cause to believe that the purpose of such directing, taking or transporting is prostitution, lewdness or assignation.
G. No person shall knowingly accept, receive, levy or appropriate any money or other thing of value without consideration from a prostitute or from the proceeds of any woman engaged in prostitution.
H. No person shall attend or frequent, reside in, enter or remain in any house, place, building or other structure, or enter or remain in any vehicle or trailer for the purpose of prostitution, lewdness or assignation.
I. No person shall attend or frequent, reside in, enter or remain in any place where prostitution, lewdness or assignation is practiced, encouraged or allowed.
J. Upon citation under this section, court appearance is mandatory. (Ord. 17-03 § 1 (part): Ord. 14-06 § 1 (part): prior code § 17-28. Formerly 9.12.110)
9.12.100 Violating conditions of release.
A. No person shall violate conditions of release imposed by a judicial officer.
B. AS 11.56.757 is hereby incorporated as if set forth fully herein.
C. Violation of condition of release is punishable by a fine of up to one thousand dollars. Upon citation under this section, court appearance is mandatory. (Ord. 17-06 § 3)