Kenai repeals laws on public sleeping, begging and curfew

Kenai City Hall (Sabine Poux/KDLL)

The City of Kenai repealed 3 pieces of codification that prohibited nationalist sleeping and begging during a metropolis assembly gathering Wednesday.

Police Chief David Ross brought guardant nan ordinance. He said the items were outdated aliases unenforceable.

“This is thing that nan metropolis lawyer and I person talked astir for immoderate clip and gone over, nan truth that these sections of codification are not enforceable arsenic they are,” Ross said Wednesday night.

The statutes successful mobility prohibition nationalist sleeping, begging and loitering and enforce a 10 p.m. curfew for children nether 16. Ross recommended axing these items because their definitions are vague, aliases they’re nary longer enforceable nether changing laws.

“Some of these could beryllium re-written, but arsenic they are, they conscionable don’t meet a bully ineligible standard, and truthful for america to enforce them arsenic they are could beryllium problematic for our enforcement officers, and problematic for nan city,” he said.

Ross said he doesn’t deliberation repealing nan statutes will impact nan constabulary department’s enforcement capabilities. He said nan section hasn’t issued citations nether these statutes successful “recent history.”

This ordinance comes amid nationalist discussions astir enforcement of nationalist sleeping and different laws related to homelessness. A recent 9th Circuit Court ruling determined cities cannot punish group for sleeping extracurricular if they do not supply shelter.

City Attorney Scott Bloom said nan champion people of action for now is to repeal nan statues and perchance reintroduce them erstwhile different cases are settled.

“For example, sleeping, prohibiting sleeping connected nationalist property, correct now nan U.S. Supreme Court has immoderate cases nether advisement,” Bloom said. “And we’d for illustration to spot really that ruling comes retired earlier we make our change. (Because) that would surely use to us, because it’s dealing pinch national law rights.”

During discussion, 1 assembly personnel expressed hesitance astir removing nan curfew. But Ross said Kenai is really down nan times connected repealing that rule.

“We are nan only municipality near connected nan peninsula that has a curfew,” he said. “Seward repealed theirs years ago, I couldn’t find 1 successful nan City of Soldotna.”

The ordinance passed unanimously. The council’s adjacent gathering will beryllium connected June 5.