Chapter 1.12
ORDINANCES1
Sections:
1.12.010 Introduction--Written form required.
1.12.050 Emergency ordinance--Authorized--Procedure.
1.12.060 Technical regulations code adoption procedure.
1.12.010 Introduction--Written form required.
Every ordinance shall be introduced in writing in the form required by the assembly. (Ord. 2013-08 §1 (part), 2013: Ord. 2 §6(a), 1963).
1.12.020 Enactment procedure.
Except as otherwise provided by the assembly, the following procedure shall govern the enactment of all ordinances:
A. An ordinance may be introduced by any member or committee of the assembly, or by the borough manager, at any regular or special meeting of the assembly. The ordinance shall be placed on the agenda in accordance with Section 1.12.010 of this chapter. Upon introduction of any ordinance, sufficient copies shall be furnished to the clerk in order for him to immediately distribute at least one copy to each of the assembly members and to the manager.
B. After an ordinance has been introduced, unless it is rejected at the same meeting by the affirmative votes of not less than a majority of the assembly members, the assembly shall promptly cause the ordinance to be published, together with a notice setting out the times and places for a public hearing on the ordinance, and for its consideration by the assembly. Public hearing on any ordinance not rejected shall follow the required publication by at least one week. It may be held separately or in connection with a regular or special assembly meeting and may be adjourned from time to time.
C. At the public hearing held in accordance with the notice, copies of the ordinance shall be distributed to all persons present who request them or, in the alternative, the assembly shall consider the ordinance and may adopt it, with or without amendment, or reject it.
D. As soon as practicable after adoption of any ordinance, the assembly shall cause it to be printed and published. (Ord. 2013-08 §1 (part), 2013: Ord. 76-18 §1, 1976: Ord. 2 §6(b), 1963).
1.12.030 Effective date.
Ordinances take effect upon adoption or at a later date specified in the ordinance. (Ord. 2013-08 §1 (part), 2013: Ord. 76-18 §2, 1976: Ord. 2 §6(c), 1963).
1.12.040 Published defined.
As used in this chapter the term "published" means that:
A. At least a brief summary of the ordinance or sections concerned, together with any required notice, has been published in one or more newspapers of general circulation in the borough;
B. Copies of the ordinance or sections concerned, together with any required notice, have been mailed to the same newspapers and, in accordance with assembly regulations, to additional newspapers of general circulation in the borough;
C. Copies of the ordinance or sections concerned, together with any required notice, have been posted conspicuously for public inspection at the borough seat and at other cities in the borough. (Ord. 2013-08 §1 (part), 2013: Ord. 2 §6(d), 1963).
1.12.050 Emergency ordinance--Authorized--Procedure.
To meet a public emergency affecting life, health, welfare or property, the assembly may adopt emergency ordinances. Emergency ordinances may not be used to levy taxes; to grant, renew or extend a franchise; or to regulate the rate charged by any public utility for its services. Every emergency ordinance shall be plainly designated as such and shall contain, after the enacting clause, a declaration stating that an emergency exists and describing the claimed emergency in clear and specific terms. Except as thus indicated, it shall be introduced in the form and manner prescribed for ordinances generally. An emergency ordinance may be considered and may be adopted with or without amendment or rejected at the meeting at which it is introduced.
The affirmative vote of all assembly members present, or the affirmative vote of three-fourths of those elected, whichever is less (ref. AS 29.25.030), is required for adoption of the ordinance. After adoption of any emergency ordinance, the assembly shall cause it to be printed and published as prescribed for other adopted ordinances. An emergency ordinance is effective upon adoption. Every emergency ordinance, including any amendments made after its adoption, is invalid after the sixtieth day following the date on which it was adopted. (Ord. 2013-08 §1 (part), 2013: Ord. 76-18 §3, 1976: Ord. 2 §6(e), 1963).
1.12.060 Technical regulations code adoption procedure.
The assembly may adopt any standard published code of technical regulations in a single ordinance which shall be governed, except as otherwise provided in this section, by the procedure and requirements prescribed for ordinances generally. Upon introduction and shall cause to be published, by the means indicated in Section 1.12.040 of this chapter, and together with the notice of hearing, a notice setting out the purpose of the ordinance and the time and place at which it is available for public inspection. No other publication is necessary before adoption. Neither the ordinance nor any of its amendments need be distributed to the public or read before the hearings thereon. Publication after adoption shall be by notice declaring such adoption as published. The adopted code shall be sold to the public in such form and at such reasonable price as the assembly may direct. (Ord. 2013-08 §1 (part), 2013: Ord. 76-18 §4, 1976: Ord. 2 §6(f), 1963).
For statutory provisions concerning ordinances, see AS 29.48.140 et seq.