Chapter 1.04
CODE ADOPTION – GENERAL PROVISIONS

Sections:

1.04.010    Definitions.

1.04.020    Adoption of the Fairbanks North Star Borough Code of Ordinances.

1.04.030    Designation and citation.

1.04.040    Effect of adoption.

1.04.050    Effect of repeal on prior offenses and punishments.

1.04.060    Improvement of code.

1.04.070    Words and phrases.

1.04.080    Tense, number and gender.

1.04.090    Computation of time.

1.04.100    Severability.

1.04.010 Definitions.

In this code, unless otherwise provided or the context otherwise requires:

Areawide” means throughout the borough, both inside and outside all cities in the borough;

Assembly” means the Fairbanks North Star Borough assembly;

Borough” means the Fairbanks North Star Borough;

City” means a general law first or second class city or a home rule city;

Clerk” means the clerk of the Fairbanks North Star Borough assembly;

Council” means the governing body of a city;

Crime” means an offense for which a sentence of imprisonment is authorized; a crime is either a felony or a misdemeanor;

Deputy presiding officer” means that assemblymember elected by the assembly to preside if the presiding officer is not present;

Election” means a regular or special borough election and does not include a state election;

Includes” means “includes but is not limited to”;

Mayor” means the elected or appointed mayor of the borough;

Misdemeanor” means a crime for which a sentence of imprisonment for a term of more than one year may not be imposed;

Municipality” means a political subdivision incorporated under the laws of the state that is a home rule or general law city, a home rule or general law borough, or a unified municipality;

Natural person” means a human being, as opposed to an artificial person such as a corporation, etc.;

Nonareawide” means throughout the area of the borough outside all cities in the borough;

Offense” means conduct for which a sentence of imprisonment or fine is authorized; an offense is either a crime or a violation;

Owner” or “record owner” means the owner of record or purchaser of record as shown in the records of the district recorder;

Person” means an individual, firm, partnership, joint venture, association, corporation, estate trust, business trust, receiver, or any group or combination acting as a unit;

Personal property” means tangible property other than real property, such as merchandise, stock in trade, machinery, equipment, furniture, fixtures, vehicles, boats, and aircraft;

Power” means the provision of a public facility or service, or the exercise of a regulatory power;

Presiding officer” means that assemblymember elected by the assembly to preside at assembly meetings;

Property” means real and personal property;

Published” means appearing at least once in a newspaper of general circulation distributed in the borough;

Real property” means land and improvements, all possessory rights and privileges appurtenant to the property, and includes personal property affixed to the land or improvements;

Regular election” means the borough election held on the first Tuesday in October;

School board” means the school board of the Fairbanks North Star Borough school district;

Special election” means a borough election and does not include a regular election, service area election or a state election;

State” means the state of Alaska;

Streetincludes streets, avenues, boulevards, roads, lanes, alleys, and other ways;

Subdivision” means:

1. The division of a parcel of land into two or more lots or other divisions for the purpose of sale or building development, includes resubdivision, and relates to the process of subdividing or to the land subdivided;

2. Does not include cadastral plats, cadastral control plats, open-to-entry plats, or remote parcel plats created by or on behalf of the state regardless of whether these plats include easements or other public dedication;

Violation” is a quasi-criminal offense punishable only by a fine, but not by imprisonment or other penalty; conviction of a violation does not give rise to any disability or legal disadvantage based on conviction of crime; a person charged with a violation is not entitled:

1. To have a trial by jury, or

2. To have a public defender or other counsel appointed at public expense to represent the person;

Voter” means a person as defined at Chapter 5.04 FNSBC. (Ord. 2012-05 § 3, 2012; amended during 2004 republication; Ord. 86-071 § 2, 1986. 2004 Code § 1.03.160.)

1.04.020 Adoption of the Fairbanks North Star Borough Code of Ordinances.

The general codification of all borough ordinances of general applicability having the force and effect of law, that was required by the former AS 29.48 and compiled, edited and published by Code Publishing Company, Seattle, Washington, and titled “Fairbanks North Star Borough Code of Ordinances,” but not including the tables of contents, index, tables, headings and annotations, was adopted by Ordinance 75-6 and became effective on May 1, 1975. (Amended during 2016 republication; Ord. 86-071 § 2, 1986. 2004 Code § 1.03.010.)

1.04.030 Designation and citation.

The general codification adopted by Ordinance 75-6 and as amended and supplemented is known as the “Fairbanks North Star Borough Code of Ordinances” and may be cited “FNSBC” followed by the number of the title, chapter, and section separated by periods. Example: this title may be cited as “FNSBC Title 1”; this chapter may be cited as “Chapter 1.04 FNSBC”; this section may be cited as “FNSBC 1.04.030.” Except as otherwise indicated by the context, citations in accordance with this section include amendments and reenactments of the provision cited. (Ord. 86-071 § 2, 1986. 2004 Code § 1.03.020.)

1.04.040 Effect of adoption.

The adoption of Ordinance 75-6 did not repeal, affect, or modify:

A. The requirement to pay a license, fee or penalty that was required by ordinances in effect before Ordinance 75-6;

B. The requirement to post, file or deposit a bond, or cash deposit in lieu of a bond, that was required by ordinances in effect before Ordinance 75-6. (Ord. 86-071 § 2, 1986. 2004 Code § 1.03.030.)

1.04.050 Effect of repeal on prior offenses and punishments.

A. No fine, forfeiture, or penalty incurred under laws existing before the time this code took effect is affected by repeal of the previous law, but the recovery of the fines and forfeitures and the enforcement of the penalties are affected as if the law repealed had still remained in effect.

B. In the case of an offense committed before the time this code took effect, the offender is punished under the law in effect when the offense was committed. (Ord. 86-071 § 2, 1986. 2004 Code § 1.03.040.)

1.04.060 Improvement of code.

A. The clerk and/or borough attorney shall make recommendations to the assembly concerning deficiencies, conflicts, or obsolete provisions in and the need for reorganization or revision of this code, and, at the direction of the assembly, shall have prepared for submission to the assembly ordinances for the correction or removal of the deficiencies, conflicts, or obsolete provisions, or to otherwise improve the form or substance of any portion of the code. This code shall be systematically reviewed for deficiencies, conflicts, or obsolete provisions which shall include an annual review by department directors of code provisions through the mayor governing their activities.

B. To the extent the mayor, clerk or a director becomes aware of noncompliance which involves litigation or the threat of litigation, the report shall be made to the borough attorney who shall ensure that the assembly is notified in a manner consistent with ethical standards and any applicable legal privilege. (Ord. 2012-59 § 2, 2012; Ord. 86-071 § 2, 1986. 2004 Code § 1.03.110.)

1.04.070 Words and phrases.

A. The word “shall” is mandatory and not discretionary.

B. The word “may” is permissive.

C. Words and phrases not specifically defined shall be construed according to the rules of grammar and according to their common and approved usage. Undefined technical words and phrases which have acquired a peculiar and appropriate meaning shall be construed according to the peculiar and appropriate meaning including any relevant industry standard. (Ord. 2016-40 § 2, 2016; Ord. 86-071 § 2, 1986. 2004 Code § 1.03.120.)

1.04.080 Tense, number and gender.

A. Words in the present tense include the past and future tenses, and words in the future tense include the present tense.

B. Words in the singular number include the plural, and words in the plural number include the singular.

C. Words of any gender may, when the sense so indicates, refer to any other gender. (Ord. 86-071 § 2, 1986. 2004 Code § 1.03.130.)

1.04.090 Computation of time.

The time in which an act provided by law is required to be done is computed by excluding the first day and including the last, unless the last day is a holiday, and then it is excluded. All reference to “days” shall be calendar days unless specifically indicated as working or business days. (Ord. 2016-40 § 3, 2016; Ord. 86-071 § 2, 1986. 2004 Code § 1.03.140.)

1.04.100 Severability.

If any section, subsection, sentence, clause or phrase of this code is held to be invalid or unconstitutional, then that holding shall not affect the validity of the remaining portions of this code. The assembly declares that it would have passed this code, and each section, subsection, sentence, clause and phrase of this code, irrespective of the fact that one or more sections, subsections, sentences, clauses or phrases is held to be invalid or unconstitutional. If this code is held to be invalid or unconstitutional, then the original ordinance or ordinances shall be in full force and effect. (Ord. 86-071 § 2, 1986. 2004 Code § 1.03.150.)