Chapter 9.20
OFFENSES RELATING TO PROPERTY
Sections:
9.20.020 Disposal of abandoned, found or stolen property—Returning unclaimed property to finder.
9.20.010 Generally.
No person shall do any of the following:
A. Maliciously destroy or injure any public property or any private property not his own;
B. Drive a vehicle not his own without the owner’s consent;
C. Interfere with, obstruct, mutilate, conceal or tear down any official notice or placard posted by any city officer without permission from such officer;
D. Willfully obstruct the free passage of or injure or deface public streets, highways, sidewalks or alleys by digging or breaking or by placing objects in such streets, highways, sidewalks and alleys without proper authority from the city official in charge of such streets, highways, sidewalks or alleys;
E. Willfully remove, throw down, destroy, extinguish or carry away any light, obstruction, guard or other similar article or thing erected or placed on any highway, street, alley, avenue or bridge for the purpose of guarding or enclosing unsafe or dangerous places without the consent of the person in control of that safeguard or danger signal;
F. Willfully damage, remove or carry away fire hydrants, hydrant caps, sewer caps, manhole covers or any other part of the city water, sewer or fire protection systems;
G. Create any obstruction or blockage in any pipe, drain or gutter that may hinder the passage of water in, to or from the city water, sewer or fire protection systems;
H. Harvest live trees on municipal public property with the following exceptions:
1. City of Valdez employees or contractors directed to do so in order to maintain public rights-of-way, easements, recreational trails, snow lots, municipal infrastructure; or in preparation for public construction; or in defense of public health and safety;
2. Employees and contractors of utility companies working within designated easements, or where permission has been granted by the city, in the installation, repair or replacement of utilities;
I. Harvest dead fallen or standing trees on municipal public property without a valid wood harvesting permit issued by the city;
J. Upon citation under subsections A through G of this section, court appearance is mandatory. Violation of subsection H or I of this section is punishable by a fine of fifty dollars for a first violation and one hundred dollars for each subsequent violation. Upon citation under subsection H or I of this section, court appearance is optional. (Ord. 17-03 § 1 (part): Ord. 14-06 § 1 (part): Ord. 14-05: prior code § 17-29. Formerly 9.20.030)
9.20.020 Disposal of abandoned, found or stolen property—Returning unclaimed property to finder.
A. Disposable Property. Except as otherwise required by law, the following property in possession of the police department may be disposed of as provided in this chapter:
1. Property collected as evidence and not claimed by the owner within thirty days after final disposition (including appeal proceedings) of the criminal case to which it pertains;
2. Property voluntarily tendered or found and delivered to the police department and not claimed by the owner within thirty days thereafter;
3. Stolen property recovered by the police department and not claimed by the owner within thirty days after such recovery. The term “disposable property,” as used in this chapter, does not include a motor vehicle which has been impounded for any reason.
B. Notice of Possession and Sale of Unclaimed Property.
1. The chief of police shall publish in a newspaper of general circulation in the city for two consecutive weeks a notice of possession of disposable property valued in excess of two hundred fifty dollars. At approximately the same time as the first publication, the chief of police shall send copies of the notice by certified mail (return receipt requested) to the last known owner and to the finder, if any, at their respective last known addresses, if reasonably ascertainable;
2. Every notice of possession and sale of unclaimed property mailed or published pursuant to this section shall contain:
a. A general description of the property;
b. The appropriate date the police department first obtained possession of the property;
c. A provision that unclaimed property will be sold at public auction or by competitive bid and the proceeds will be forfeited to the city;
i. If unclaimed property is to be sold at public auction, the notice may contain the date and time of the auction;
ii. If unclaimed property is to be sold by competitive bid, the notice may contain dates and times for viewing items to be sold and the deadline for submitting sealed bids;
d. A provision that unclaimed property, if money, will be forfeited to the city;
e. A provision that the property must be claimed by the owner within fifteen days after the last date on which the notice is published; and
f. A provision that the finder will forfeit all right, title, interest and claim in and to found property or money unclaimed by the owner unless the finder files a written request with the police department for return of the unclaimed property within fifteen days after the last date on which the notice is published.
C. Disposition Generally. If the property is unclaimed by the owner after the publication and mailing of the notice of possession and the expiration of the time periods set forth in this chapter, the property shall be disposed of as follows:
1. Found property, including money, shall be returned to the finder, if any, upon condition that a request for such return has been received by the police department;
2. All property, other than money, which is not addressed by subsection (C)(1) of this section shall be subject to a claim by the chief of police that retention of such property for use by the city will serve the public interest. Firearms shall be disposed of as provided in AS 18.65.340.
D. Exceptions to Public Auction Requirement.
1. Property, not collected as evidence, valued at less than two hundred fifty dollars may be returned to the finder, if any, or donated to a nonprofit organization or otherwise used for city or public purposes if any known owner has been notified by certified letter and the property remains unclaimed for thirty days after the notification is sent. Property not collected as evidence, that is damaged, or in a state of disrepair where the cost to repair exceeds the value of the property, may be disposed of in any manner once any known owner has been notified by certified letter and the property remains unclaimed thirty days after the notification is sent;
2. Property determined by the chief of police to be perishable, or to constitute an immediate danger to the public, may be disposed of immediately in any manner without notice of sale. Proceeds of any such disposition shall be forfeited to the city;
3. Notwithstanding any other provision, property exceeding two hundred fifty dollars in value may be disposed of other than by competitive bid or public auction; provided, that any such noncompetitive disposition is made pursuant to a request submitted to the city manager for review and recommendation to the city council for approval. The city council shall consider the monetary loss to the city and determine whether such disposition is in the public interest.
E. Fees, Expenses. Before returning property, including money, to a finder, owner or highest bidder, the chief of police may require a reasonable fee from the person receiving the property for the costs of notice, publication, auction and other expenses attributable to the property or money delivered. (Ord. 17-03 § 1 (part): Ord. 14-06 § 1 (part): Ord. 00-14 § 1: prior code § 17-30. Formerly 9.20.040)
9.20.030 Criminal trespass.
A. It is unlawful for a person to:
1. Without having been expressly or by implication invited to do so, enter or remain in or upon the premises or motor vehicle of another when the premises or motor vehicle, at the time of such entry or remaining, is not open to the public or when such person is not otherwise licensed or privileged to do so;
2. Fail to immediately leave a private place or premises which are open to the public after being lawfully directed to do so by the person in charge;
3. Knowingly enter a private property, private business or commercial property in violation of a posted sign;
4. Enter or remain on premises open to the public within twenty-four hours of having been lawfully directed to leave such premises by the owner or person in charge unless an express invitation or permission to return to such premises has been given by the owner or any person in charge, or at any time, to enter or to remain on premises open to the public after having been lawfully ordered in writing not to enter such premises by the owner or person in charge unless the express invitation or permission to return to such premises has been given by the owner or any person in charge.
B. The following phrases used in this section have the meaning given as follows:
A person is “lawfully directed” to leave premises that are open to the public if he has been directed to do so for any reason that is not prohibited by law.
“Open to the public” means premises which by their physical nature, function, custom, usage, notice, or lack thereof, or other circumstances at the time would cause a reasonable person to believe that no permission to enter or remain is required.
“Person in charge” means a person, his representative or employee who has lawful control of premises by ownership, tenancy, official position, position of employment or other legal relationship. The person in charge of a retail business establishment includes the owner, manager or other employee who has the authority or duty at the time to supervise the operation or security of the establishment. Any officer, head of a department or employee of the municipality having supervisory authority or an employee designated by any of the foregoing is, with respect to persons other than his superiors or other department heads, the person in charge of municipally owned premises on or in which he or his subordinates exercise their official responsibilities.
“Premises” includes but is not limited to land, buildings, facilities, parking lots, docks, sidewalks, roads and recreational areas including lakes, ponds, hiking/skiing trails, campgrounds and parks.
C. Nothing in this section shall be construed to require the person in charge of any premises to give a person a reason for requesting the person to leave the premises; provided, however, the person in charge shall state such reason to a responding peace officer upon request.
D. Violation of this section is punishable by a minimum fine of one hundred dollars. Upon citation under this section, court appearance is mandatory. (Ord. 17-03 § 1 (part): Ord. 14-06 § 1 (part): Ord. 00-01 § 1. Formerly 9.20.050)