City Manager

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334 Front Street Ketchikan, AK. 99901

Phone (907) 228-5603 Fax (907) 225-5075

TO:

FROM:

DATE:

RE:

TRANSMITTAL MEMORANDUM

The Honorable Mayor and City Council

Karl R. Amylon, City Manager

March 7, 2016

Ordinance No. 15-1793 - Creating A New Chapter 9.54 Entitled "Off­Premises Commercial Solicitation Restrictions"; And Establishing An Effective Date

At its meeting of April 2, 2015, the City Council adopted a motion tabling consideration of Ordinance No. 15-1793 "Off Premises Commercial Solicitation Restrictions" in second reading until after the 2015 cruise ship season. As the City Council will recall, the ordinance was tabled pending the formulation of an advisory committee to address the issue of hawking/barking in the downtown area. The formation of the committee was subsequently authorized by the City Council at its meeting of April 16, 2015.

Final recommendations of the advisory committee are presented to the City Council through Ordinance No. 16-1814 and Resolution No. 16-2621 [see agenda statements 7a(2) and 7a(3)]. Consequently, Ordinance No. 15-1793 is no longer relevant and staff is recommending defeat of the ordinance in second reading.

The motion before the City Council is as follows:

Moved by Coose, seconded by Olsen the City Council approve in second reading Ordinance No. 15-1793 creating a new Chapter 9.54 entitled "Off-Premises Commercial Solicitation Restrictions"; and establishing an effective date.

RECOMMENDATION

It is recommended that the City Council defeat the motion approving in second reading Ordinance No. 15-1793 creating a new Chapter 9.54 entitled "Off-Premises Commercial Solicitation Restrictions"; and establishing an effective date.

AGENDA- 03/17/16- GGUB1

THE CITY OF KETCIDKAN, ALASKA

ORDINANCE NO. 15-1793

AN ORDINANCE OF THE COUNCIL OF THE CITY OF KETCHIKAN, ALASKA; CREATING A NEW CHAPTER 9.54 ENTITLED "OFF-PREMISES COMMERCIAL SOLICITATION RESTRICTIONS"; AND ESTABLISlUNG AN EFFECTIVE DATE.

BE IT ORDAINED BY THE COUNCIL OF THE CriY OF KETCHIKAN, ALASKA, AS FOLLOWS:

Section 1.: New Chapter. A new chapter, to be numbered 9.54, entitled "Off-premises Co~ercial Solicitation Restrictions," is added to Title 9, entitled "Peace, Safety, and Morals", of the Ketchikan Municipal Code, to read as follows:

" Chapter 9.54

OFF-PREMISES COMMERCIAL SOLICITATION RESTRICTIONS.

Sections: 9.54.010 9.54.020 9.54.040 9.54.050 9.54.060 9.54.070 9 .54.080

Legislative findings. Definitions. Limitations on off-premises solicitation activity. Specific prohibitions and appropriate conduct. Legal accountability. Fine schedule. Other remedies.

9.54.010 Legislative findings. The City Council finds that: (a) Adopting limitations on off-premises commercial solicitations in

the Commercial Solicitation Restriction District (CSRD) will aid the safety and unobstructed passage of pedestrians.

(b) There has been a proliferation of off-premises commercial solicitations in the CSRD resulting in complaints from tourists and other pedestrians about the persistent and aggressive· actions of persons approaching and trying to converse with them in order to enter into a commercial transaction.

(c) Since the demise of the timber industry in Southeast Alaska the community of Ketchikan has worked very hard to rebuild its economy and

AOU/0/Chspter g,$4 Ordinance No. I S-119!

made significant investments in the infrastructure required to make Ketchikan an attractive tourist destination and port of call. In 2006, the City issued $38.5 million in revenue bonds to finance a major renovation of its port infrastructure. The annual debt service for these bonds averages about $2.58 million. The final maturity is December 1, 2035. In July 2006, the City of Ketchikan entered into a 30-year agreement to lease a cruise ship berthing facility from Ketchikan Dock Company. The lease agreement requires a minimum lease payment of $1.8 million annually.

(d) Tourism is an essential component of the City's economy and its tax base. Hundreds of thousands of cruise ship passengers visit the City each year and many of those visitors as well as others are concentrated within the CSRD. Its friendly small town, and historic nature plays an important role in its being an attractive tourism destination and place to live, all of which is threatened by off-premises commercial solicitation in the CSRD.

· (e) This chapter is directed to the regulation, the time, place, and manner of certain limited forms of commercial speech and is not intended to regulate any form of speech other than speech designed to do no more than propose a commercial transaction.

(f) Given the accessibility and commingling of both public and private sidewalks, walkways and open areas the purposes of the chapter can only be effectively met if its restrictions apply to public and private sidewalks, walkways and open space in the CSRD.

(g) The purpose and intent of this chapter is to protect local residents and visitors with .unreasonable interference or disturbance of their peace or obstruction of their free travel from the conduct of off-premises solicitor.

(h) This Chapter is also designed to preserve and protect the economic viability of the City, the safety of the public and the attractiveness of the City as a tourist and shopping destination.

9.54.020 Definitions. For purposes of this Chapter the following words and phrases shall

have the meanings respectively assigned to them: "Business" shall mean any commercial activity in which any goods,

services, tours, or edibles are sold or offered for sale or for rent within the corporate limits of the city.

"Enclosed structure" shall mean a structure having a roof and supported by a column or walls. Enclosed structure does not include any sidewalks under a roofed area.

"Goods" shall mean any tangible item, including edibles. "Off-Premises Solicitation" or "OPS" shall mean person-to person

efforts solely intended to interest pedestrians in or solicit the participation of pedestrians in commercial transactions for private profit with a business, except when made entirely from within an enclosed structure.

ADU/0/Chapter 9.5#

"OPS employer" shall mean any business or other person who directly hires or otherwise contracts with an OPS solicitor to conduct OPS activities on its behalf.

"OPS solicitor" shall mean any person engaged in off-premises solicitation.

"Product" shall mean the products, tours, goods, edibles or services sold or offered for sale or rent.

" Commercial Solicitation Restriction District" or "CSRD" shall mean that area designated in section 9.54.030.

"Sidewalk" shall mean any outside walkway, public or private, used by pedestrians and shall include, but not be limited to, public and private exterior alcoves or entryways.

"Street" shall mean all that area dedicated to public use for public street purposes and shall include, but not be limited to, public roadways and alleys.

9.54.030 Commercial Solicitation Restriction District. · The Commercial Solicitation Restriction District encompasses

properties in these areas: the 1000 Block of Kennedy Street; Schoenbar Court; the 400-1000 Blocks of Water Street; Hopkins Alley; 0-300 Blocks of Main Street, Front Street and Bawden Street; Dock Street; Mission Street; Mill Street; Creek Street; the 0-500 Blocks of Stedman Street; Thomas Street and the Spruce Mill Way and the Port of Ketchikan Water Front Promenade as more particularly shown on Exhibit A to this ordinance.

9.54.040 Limitations on off-premises solicitation activity. (a) No person shall engage in off-premises soliciting within the

CSRD, except when the solicitation is made from entirely within an enclosed structure except as set forth in subsections (b) through (d) below, for the purpose of selling or offering for sale any goods or services of any kind for private profit.

(b) Under a permit issued for a special event, festival or street fair in accordance with KMC 9.56.040.

(c) Under a dock vendor lease issued pursuant and subject to the provisions of KMC 13.09.025.

(d) Under a permit for sale of fresh seafood issued pursuant and subject to KMC 13.09.030.

9.54.050 Specific prohibitions and appropriate conduct. (a) In addition to the provisions of any other applicable term of this

article, it shall be considered unlawful and a violation of this article for an OPS solicitor to:

(1) Throw, place or deposit solid waste, litter, paper, documents or handbills on any street or sidewalk.

ADU/0/Chllpter !1.1~

(2) Intentionally inflict emotional distress by verbal or physical harassment or coercion on any person.

(3) Misrepresent in any way the price, quality or nature of the product being promoted.

( 4) Misrepresent the source or sponsor of any information offered or provided.

(5) OPS solicitors shall conduct themselves in accordance with the following standards:

· (A) No OPS solicitor shall touch a person without consent during a solicitation.

(B) No OPS solicitor shall solicit an occupancy of a vehicle in a public street whether the vehide is moving, stopped, or parked.

(b) It shall be considered unlawful and a violation of this article for an OPS solicitor, or anyone engaging in or attempting to engage in a commercial transaction for private profit that is related solely and exclusively to the seller's economic interest, to interfere with or obstruct the free travel or passage of any pedestrian on any street or sidewalk or obstruct any person's free movement or access to or from any public street or sidewalk for the primary purpose of selling or offering for sale any goods or services of any kind for private profit.

9.54.060 Legal accountability. In addition to the OPS solicitor, the responsible OPS employer shall be

strictly and vicariously liable for any violations of this chapter by that OPS employer's OPS solicitor.

9.54.070 Fine schedule. (a) Pursuant to KMC 1.02.110 the following fine schedule is

established for the violation of any provision of this chapter: First violation $200.00 Second violation within 12 months $300.00 Third and. subsequent violation

within 12 months $500.00 (b) When the OPS solicitor is employed by the same OPS employer at.

the time of the violations involved, subsequent violations by that OPS solicitor shall constitute subsequent violations by the OPS employer. Violations by different OPS solicitors employed by the same OPS employer shall be aggregated and constitute subsequent offenses by the OPS employer.

9.54.080 Other remedies. In addition to the fines set forth in section 9.54.070 the City shall have

all other remedies available to it in law or equity for violations of the chapter, including, but not limited to, injunctive relief."

A DU/0/Chllpter 9.S4 Pllte4

Section 2: Effective Date. This ordinance is effective one (1) month after itS final passage and publication.

PASSED ON FIRST READING----------------

FINAL PASSAGE--- -----------------

ATTEST:

Katherine M. Suiter City Clerk

ADU/0/Chllpter 9.14 P11~S

Lew Williams III, Mayor

EFFECTIVE DATE: *

ROLL CALL YEA NAY ABSENT

COOSE

HARRIS

KARLSON

KIF FER

OLSEN

SIVERTSEN

ZENGE

MAYOR

Ordlntufl:e No. 15-llU

April 2, 20 15

Supplemental Appropriation for the Public Works Department- Streets Division in the Amount of $141,810

Moved by Sivertsen, seconded by Kiffer the City Council approve Resolution No. 15-2588 amending the 2015 General Government Operating and Capital Budget to provide a supplemental appropriation for the Public Works Depattment - Streets Division in the amount of $141 ,81 0; and establishing an effective date.

Motion passed with Harris, Zenge, Sivettsen, Kiffer, Olsen and Coose voting yea; Karlson absent.

Budget Transfer - Public Works Warehouse Lighting Upgrade Project

Moved by Sivertsen, seconded by Kiffer the City Council authorize the city manager to transfer $10,000 from the Garage & Warehouse Division's 2015 Stormwater Drainage Improvements Capital Account to the Garage & Warehouse Division's Lighting Upgrade Capital Account.

Motion passed with Harris, Zenge, Sivertsen, Kiffer, Olsen and Coose voting yea; Karlson absent.

UNFINISHED BUSINESS

OnlinaMe No. 15-1793- Creating a New Chapter 9.54 Entitled "Off-Premises Commercial Solicitation Restrietions" - Second Reading

Copies of Ordinance No. 15-1793 were available for aU persons present.

Moved by Coose, seconded by Olsen the City Council approve in second reading Ordinance No. 15-1793 creating a new Clnpter 9.54 entitled "Off-Premises Commercial Stllicitation Restr£tions"; and establishing an effective date.

Moved by Sivertsen, seconded by Olsen to table consideration of this ordinance until November I.

Motion to table until after tie season passed with Kiffer, Olsen, Coose, Harris, Sivertsen and Zenge voting yea; Karlson absent.

Manager Amylon questioned if it was Council's intent to have staff move forward with formulating a committee to address the issue now, and this was confarmed by the Council

Ordinance No. 15-1794 - Amending Section 9.56.040 of the Ketchikan Municipal Code Entitled "Obstructing

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