1987-59 Requesting the Repeal of AS 47.37.170(B) Municipality Liability to Intoxicated Persons.A RESOLUTION OF THE KODAK ISLAND BOROUGH ASSEMBLY DCOUECT!NC T:'E
REPEAL OF A. S. 47.37.170(bl, MUNICIPALITY L!ABIL!TV TO 'NTOX!CATET SERCONC.
WHEREAS, with the decision of the A!ar4a Supreme Court in
MYnicioality of Anchorage the Alaska Supreme Court hell that the Municipal.t
of Anchorage had an affirmative duty to take persons in :apaci!ated by alcohol
in a public place into protective custody and transport them to an appropriate
treatment facility; and
WHEREAS, failure to do so may result in liability for damages to the
intoxicated person should a policeofficer stop a person who is later injured a_
a result of intoxication; and
WHEREAS, a duty has been imposed to establish state or municipal
detention and treatment facilities but the necessary mechanism, funding, to
accomplish same has not been provided; and
WHEREAS, many standard municipal ina.rance policies specifically
exclude so called custodial care from coverage.
NOW, THEREFORE, BE IT RESOLVED that K :diak 's!acd Borough Assembly
requests the repeal of A. S. 47.37.170(b) cn behalf Kodiak la. aril Earu.,h
and all municipalities throughout the 'State
PASSED AND APCROVEC t,.._ 15 r October g7
1CD!AK !.._ "9D BOROUGH
ATTEST:
By
r
Borough
KODAK 'SLAND SOROeG}!
RE GLUT :CN NO. 37 SD-R
axe laas,
By
Ror
;h. Mayor
Pr e n; Officer