Chapter 1.20
PENALTY PROVISIONS

Sections:

1.20.010    Penalties.

1.20.020    Penalty surcharge.

1.20.030    Legal accountability based upon the conduct of another – Complicity.

1.20.040    Exemptions to legal accountability for conduct of another.

1.20.050    Code enforcement officer designation.

1.20.060    Training requirements.

1.20.070    Application of fine schedule.

1.20.080    Fine schedule.

1.20.010 Penalties.

A. A person who violates a provision of this code is guilty of a misdemeanor or a violation. Violations shall be punished by a fine not to exceed $1,000. Unless otherwise specified, misdemeanors shall be punished by a fine not to exceed $1,000 or imprisonment for not more than 90 days or both.

B. All offenses are violations unless expressly designated as a misdemeanor.

C. The borough may institute a civil action against a person who violates a provision of this code. In addition to injunctive and compensatory relief, the borough may obtain a civil penalty not to exceed $1,000 for each violation. The borough may bring an action to enjoin a violation or to recover a civil penalty notwithstanding the availability of any other remedy.

D. Notwithstanding the availability of any other remedy in this or any other title of this code, in accordance with AS 29.25.070(a), citations or complaints for violations for which a particular amount is provided as the fine under FNSBC 1.20.070 may be disposed of as provided in FNSBC 1.20.030 through 1.20.080.

E. The penalties authorized under this section may be imposed only if copies of the ordinance are made available for distribution to the public at no more than cost.

F. Excepting those enumerated violations arising from FNSBC Title 22, Animals, and Chapter 9.16 FNSBC, Compulsory Attendance, no more than two citations under FNSBC 1.20.070 for a continuing violation shall be issued to the same individual in a calendar year without full resolution of the violation. Continuing violation(s) shall be forwarded to the department of law for consideration of other available remedies. Each day that a violation of an ordinance continues constitutes a separate violation. (Ord. 2014-28 § 3, 2014; Ord. 2013-26 § 2, 2013; Ord. 2012-66 § 2, 2013; Ord. 2005-39 §§ 2, 3, 2005; amended during 1993 republication; Ord. 86-071 § 2, 1986. 2004 Code § 1.04.010.)

1.20.020 Penalty surcharge.

A. In addition to any fine or other penalty prescribed by law, a person who pleads guilty or nolo contendere to, forfeits bail for, or is convicted of:

1. A misdemeanor or other violation of this code if a sentence of incarceration may be imposed, shall be assessed a surcharge of $50.00;

2. A misdemeanor or a violation of this code if a sentence of incarceration may not be imposed, shall be assessed a surcharge of $10.00 if the fine or bail forfeiture amount for the offense is $30.00 or more.

B. The surcharge shall be deposited into the general fund of the state in accordance with AS 29.25. (Ord. 98-029 § 2, 1998. 2004 Code § 1.04.015.)

1.20.030 Legal accountability based upon the conduct of another – Complicity.

A person is legally accountable for the conduct of another constituting an offense if:

A. The person is made legally accountable by a provision of law defining the offense;

B. With intent to promote or facilitate the commission of the offense, the person:

1. Solicits the other to commit the offense; or

2. Aids or abets the other in planning or committing the offense; or

C. Acting with the culpable mental state that is sufficient for the commission of the offense, the person causes an innocent person or a person who lacks criminal responsibility to engage in the proscribed conduct. (Ord. 86-071 § 2, 1986. 2004 Code § 1.04.020.)

1.20.040 Exemptions to legal accountability for conduct of another.

A. In a prosecution for an offense or in a civil action, in which legal accountability is based on the conduct of another person:

1. It is an affirmative defense that the defendant, under circumstances manifesting a voluntary and complete renunciation of intent:

a. Terminated the defendant’s complicity before the commission of the offense;

b. Wholly deprived the defendant’s complicity of its effectiveness in the commission of the offense; and

c. Gave timely warning to borough authorities or, if timely warning could not be given to borough authorities by reasonable efforts, otherwise made a reasonable effort to prevent the commission of the offense.

2. It is not a defense that:

a. The other person has not been prosecuted for or convicted of an offense based upon the conduct in question or has been convicted of a different offense or degree of offense;

b. The offense, as defined, can be committed only by a particular class of persons to which the defendant does not belong, and the defendant is for that reason legally incapable of committing the offense in an individual capacity; or

c. The other person is not guilty of the offense.

B. Except as otherwise provided by an ordinance defining an offense, a person is not legally accountable for the conduct of another constituting an offense if:

1. The person is the victim of that offense; or

2. The offense is so defined that the person’s conduct is inevitably incidental to its commission. (Ord. 86-071 § 2, 1986. 2004 Code § 1.04.030.)

1.20.050 Code enforcement officer designation.

The mayor may designate in writing up to three total persons who shall be authorized to enforce this code, except FNSBC Title 22, Animals, as code enforcement officers. Any officer so designated to enforce some or all provisions of the FNSBC is authorized to issue citations, or notices of violation, for any violation of this code which the officer is authorized to enforce in the manner provided by AS 12.25.180 through 12.25.230. Code enforcement officers appointed under the authority of this section shall not have the general authority of police officers.

Animal control officers as defined in FNSBC Title 22 shall have authority to enforce the provisions of FNSBC Title 22 including the issuance of citations and notices of violation.

The superintendent of schools may designate in writing one person as a truancy officer. The truancy officer shall have the authority to enforce the provisions of Chapter 9.16 FNSBC including issuance of citations and notices of violation. (Ord. 2014-28 § 6, 2014; Ord. 2013-72 § 2, 2013; Ord. 2013-26 § 4, 2013; Ord. 2005-39 § 6, 2005. 2004 Code § 1.04.060.)

1.20.060 Training requirements.

Citations authorized by this chapter shall be issued in accordance with a training manual approved by the mayor. No citation shall be issued by a code enforcement officer until that officer has been trained as to the requirements of this chapter and the training manual. (Ord. 2005-39 § 6, 2005. 2004 Code § 1.04.070.)

1.20.070 Application of fine schedule.

A. The purpose of this section is to provide a standardized fine schedule for certain violations of the borough code for use in accordance with the Alaska Rules of Minor Offense Procedure.

B. Any person violating any provision of this section, FNSBC 1.20.080, or regulations issued hereunder, is guilty of a violation and shall be punished upon conviction by a fine not to exceed $1,000, as set forth in the schedule of fines set forth in this chapter.

C. Fines set out in FNSBC 1.20.080 are separate from and cumulative to penalties, costs, assessments and/or other remedies allowed under other titles of the FNSBC and any surcharge imposed under AS 29.25.074 and FNSBC 1.20.020.

D. Voluntary Disposition Before Arraignment. In accordance with AS 29.25.070(a), citations or complaints for violations for which a particular amount is provided as the fine under FNSBC 1.20.080 may be disposed of as provided in AS 12.25.195 through 12.25.230 without a court appearance by submitting payment of the fine amount and the applicable statutory surcharge together with the completed/signed citation indicating a “no contest” plea to the Alaska Court System within 30 days. (Ord. 2014-28 § 4, 2014; Ord. 2013-65 § 2, 2013; Ord. 2012-66 § 3, 2013; Ord. 2008-22 § 7, 2008; Ord. 2005-39 § 4, 2005. 2004 Code § 1.04.040.)

1.20.080 Fine schedule.

Code Section

Offense

Penalty/Fine

Mandatory Warning Required

2.16.140(A)

Interference with disaster relief personnel – obstruct, hinder, delay.

$1,000

Yes, 1st offense only

2.16.140(B)

Interference with disaster relief personnel – prohibited acts.

$1,000

Yes, 1st offense only

4.52.100

Failure to obtain certificate of appropriateness or certificate of economic hardship for construction, alteration, demolition, or removal of any property or structure within an historical district.

$1,000

No

8.04.080

Failure to notify assessor.

$500.00

Yes, 1st offense only

8.04.080

False application for exemption.

$1,000

No

8.08.020(C)

False representation regarding tax exemption or deferral.

$1,000

No

8.44.040(A)

Failure to register as tobacco distributor.

$500.00

Yes, 1st offense only

8.44.050(A)

Failure to pay tax due.

$500.00

Yes, 1st offense only

8.44.050(B)

Failure to file required report(s).

$500.00

Yes, 1st offense only

8.44.050(C)

Attempting to assign or transfer registration.

$500.00

Yes, 1st offense only

8.44.050(D)

Importing tobacco in violation of chapter.

$500.00

Yes, 1st offense only

8.48.020(D)

Failure to transmit hotel-motel room tax.

$500.00

No

8.48.050(A)

Failure to register as operator; failure to display registration.

$500.00

Yes, 1st offense only

8.48.050(D)

Failure to surrender certificate of registration.

$500.00

No

8.48.050(E)

Renting rooms without valid registration.

$500.00

Yes, 1st offense only

8.48.070(A)

Guest failure or refusal to pay room tax.

$500.00

No

8.48.070(B)

Failure to file required report(s).

$500.00

No

8.48.070(C)

False statement regarding room tax; misappropriation.

$500.00

Yes, 1st offense only

8.48.070(D)

Failure to separately state room tax to guest.

$500.00

Yes, 1st offense only

8.48.070(E)

False statement regarding taxability of rental.

$500.00

No

8.48.070(F)

Attributing room revenue to exempt location or entity to evade tax.

$1,000

No

8.48.140(A)

Failure to maintain records for six years.

$500.00

No

8.48.140(B)

Refusal to allow inspection or examination of books, records, documents.

$500.00

Yes, 1st offense only

8.52.050(A)

Failure to possess current certificate of registration.

$500.00

Yes, 1st offense only

8.52.050(D)

Failure to surrender certificate of registration.

$500.00

No

8.52.050(E)

Failure to submit updated application.

$500.00

Yes, 1st offense only

8.52.060

Failure to collect alcoholic beverage tax.

$500.00

No

8.52.080(A)

Buyer failure or refusal to pay alcoholic beverage tax.

$500.00

Yes, 1st offense only

8.52.080(B)

Failure or refusal to file report(s).

$500.00

No

8.52.080(C)

Failure or refusal to remit taxes to borough.

$500.00

No

8.52.080(D)

False statement regarding tax; absorption, failure to add assumption, or failure to refund tax.

$500.00

Yes, 1st offense only

8.52.080(E)

Failure to make record at time of sale.

$500.00

No

8.52.080(F)

Attempting to assign or transfer registration.

$500.00

No

8.52.160(A)

Failure to maintain records for six years.

$500.00

No

8.52.160(B)

Failure to make records available for inspection.

$500.00

Yes, 1st offense only

8.54.050(A)

Failure to possess current certificate of registration.

$500.00

Yes, 1st offense only

8.54.050(D)

Failure to surrender certificate of registration.

$500.00

No

8.54.050(E)

Failure to submit updated application.

$500.00

Yes, 1st offense only

8.54.060

Failure to collect marijuana or marijuana products tax.

$500.00

No

8.54.080(A)

Buyer failure or refusal to pay marijuana or marijuana products tax.

$500.00

Yes, 1st offense only

8.54.080(B)

Failure or refusal to file report(s).

$500.00

No

8.54.080(C)

Failure or refusal to remit taxes to borough.

$500.00

No

8.54.080(D)

False statement regarding tax; absorption, failure to add assumption, or failure to refund tax.

$500.00

Yes, 1st offense only

8.54.080(E)

Failure to make record at time of sale.

$500.00

No

8.54.080(F)

Attempting to assign or transfer registration.

$500.00

No

8.54.160(A)

Failure to maintain records for six years.

$500.00

No

8.54.160(B)

Failure to make records available for inspection.

$500.00

Yes, 1st offense only

9.04.010(A)

Use of park/recreation facility in violation of rules/regulations.

$500.00

Yes, 1st offense only

9.04.010(B)

Moving, defacing, damaging or destroying park/recreation property.

$1,000

Yes, 1st offense only

9.04.010(C)

Putting garbage, rubbish, or discarded objects in or on park/recreation facility.

$1,000

Yes, 1st offense only

9.04.020(C)

Loss, retention or destruction of library property.

$1,000

Yes, 1st offense only

9.04.030

Consumption, possession or use of alcoholic beverages in posted areas in borough parks.

$50.00

No

9.12.030

Production of marijuana concentrate by prohibited methods

$1,000

No

9.16.020(A)

Compulsory attendance violation – Ages 7 – 16

1st offense

$50.00

After conviction fine may be satisfied by meeting attendance requirements of FNSBC 9.16.050(A)

Yes

9.16.020(A)

Compulsory attendance violation – Ages 7 – 16

2nd offense

$100.00

After conviction fine may be satisfied by meeting attendance requirements of FNSBC 9.16.050(A)

No

9.16.020(A)

Compulsory attendance violation – Ages 7 – 16

3rd offense

$200.00

After conviction fine may be satisfied by meeting attendance requirements of FNSBC 9.16.050(A)

No

9.16.020(B)

Compulsory attendance violation – Age 6

1st offense

$50.00

After conviction fine may be satisfied by meeting attendance requirements of FNSBC 9.16.050(A)

Yes

9.16.020(B)

Compulsory attendance violation – Age 6

2nd offense

$100.00

After conviction fine may be satisfied by meeting attendance requirements of FNSBC 9.16.050(A)

No

9.16.020(B)

Compulsory attendance violation – Age 6

3rd offense

$200.00

After conviction fine may be satisfied by meeting attendance requirements of FNSBC 9.16.050(A)

No

9.16.020(C)

Compulsory attendance violation – Age 16 and older

1st offense

$50.00

After conviction fine may be satisfied by meeting attendance requirements of FNSBC 9.16.050(A)

Yes

9.16.020(C)

Compulsory attendance violation – Age 16 and older

2nd offense

$100.00

After conviction fine may be satisfied by meeting attendance requirements of FNSBC 9.16.050(A)

No

9.16.020(C)

Compulsory attendance violation – Age 16 and older

3rd offense

$200.00

After conviction fine may be satisfied by meeting attendance requirements of FNSBC 9.16.050(A)

No

9.16.040

Interfering with truancy officer in performance of duty

$500.00

No

9.20.020(A)

Curfew violation – minor.

1st offense

$75.00

No

9.20.020(A)

Curfew violation – minor.

2nd offense

$100.00

No

9.20.020(A)

Curfew violation – minor.

3rd offense

$125.00 plus additional $25.00 for each subsequent violation

No

9.20.020(B)

Curfew violation – parent or legal guardian.

1st offense

$75.00

No

9.20.020(B)

Curfew violation – parent or legal guardian.

2nd offense

$100.00

No

9.20.020(B)

Curfew violation – parent or legal guardian.

3rd offense

$125.00 plus additional $25.00 for each subsequent violation

No

9.20.020(C)

Curfew violation – establishment.

1st offense

$75.00

No

9.20.020(C)

Curfew violation – establishment.

2nd offense

$100.00

No

9.20.020(C)

Curfew violation – establishment.

3rd offense

$125.00 plus additional $25.00 for each subsequent violation

No

10.04.020(A) and (B)

Unlawful abandonment of a vehicle.

$300.00

Yes

12.04.030

Causing, creating, maintaining or expanding an encroachment.

$300.00

Yes, unless health and safety issue

12.16.030

Failure to reconstruct public road in service area.

$300.00

Yes, unless health and safety issue

12.16.040

Commencing excavation or construction in or on public road in service area without a permit.

$300.00

Yes, unless health and safety issue

13.12.020

Illicit discharge.

1st offense

$500.00

Yes, unless health and safety issue

13.12.020

Illicit discharge.

2nd offense

$750.00

No

13.12.020

Illicit discharge.

3rd offense

$1,000

No

13.12.030

Failure to notify of spills.

1st offense

$500.00

No

13.12.030

Failure to notify of spills.

2nd offense

$750.00

No

13.12.030

Failure to notify of spills.

3rd offense

$1,000

No

13.16.020

Operating construction site without a permit.

$500.00

Yes

13.16.030

Failure to comply with construction site standards.

$500.00

No

13.16.040

Denying access for inspection.

$500.00

No

13.16.050

Failure to obtain permit closure.

$500.00

No

13.20.020

Commencing with construction without an accepted PSWCP.

$500.00

Yes

13.20.030

Occupying, utilizing, or operating a constructed facility or site without a recorded maintenance agreement.

$500.00

No

13.20.030

Violation of terms of maintenance agreement.

$500.00

No

15.04.050

Constructing without a floodplain permit.

$500.00

No

15.04.070

Failure to obtain a certificate of compliance.

$500.00

No

15.04.110

Failure to comply with floodplain construction requirements.

$500.00

No

17.08.030(A)

Subdividing land without Title 17 compliance.

$500.00

Yes, 1st offense only

17.08.030(B)

Aiding or abetting unapproved land subdivision.

$500.00

Yes, 1st offense only

17.08.030(C)

Recording subdivision without borough approval.

$500.00

Yes, 1st offense only

18.12.030

Zoning regulation violation.

$300.00

Yes, 1st offense only

18.20.020(A)

Permitted use violation – outdoor recreational district.

$300.00

Yes, 1st offense only

18.20.020(B)

Conditional use violation – outdoor recreational district.

$300.00

Yes, 1st offense only

18.20.030

Standards violation – outdoor recreational district.

$300.00

Yes, 1st offense only

18.24.020(A)

Permitted use violation – open space buffer district.

$300.00

Yes, 1st offense only

18.24.020(B)

Conditional use violation – open space buffer district.

$300.00

Yes, 1st offense only

18.24.030

Standards violation – open space buffer district.

$300.00

Yes, 1st offense only

18.28.020(A)

Permitted use violation – rural and agricultural district.

$300.00

Yes, 1st offense only

18.28.020(B)

Conditional use violation – rural and agricultural district.

$300.00

Yes, 1st offense only

18.28.030

Standards violation – rural and agricultural district.

$300.00

Yes, 1st offense only

18.32.020(A)

Permitted use violation – rural farmstead district.

$300.00

Yes, 1st offense only

18.32.020(B)

Conditional use violation – rural farmstead district.

$300.00

Yes, 1st offense only

18.32.030

Standards violation – rural farmstead district.

$300.00

Yes, 1st offense only

18.36.020(A)

Permitted use violation – rural estate district.

$300.00

Yes, 1st offense only

18.36.020(B)

Conditional use violation – rural estate district.

$300.00

Yes, 1st offense only

18.36.030

Standards violation – rural estate district.

$300.00

Yes, 1st offense only

18.40.020(A)

Permitted use violation – rural residential district.

$300.00

Yes, 1st offense only

18.40.020(B)

Conditional use violation – rural residential district.

$300.00

Yes, 1st offense only

18.40.030

Standards violation – rural residential district.

$300.00

Yes, 1st offense only

18.44.020(A)

Permitted use violation – single-family residential district.

$300.00

Yes, 1st offense only

18.44.020(B)

Conditional use violation – single-family residential district.

$300.00

Yes, 1st offense only

18.44.030

Standards violation – single-family residential district.

$300.00

Yes, 1st offense only

18.48.020(A)

Permitted use violation – two-family residential district.

$300.00

Yes, 1st offense only

18.48.020(B)

Conditional use violation – two-family residential district.

$300.00

Yes, 1st offense only

18.48.030

Standards violation – two-family residential district.

$300.00

Yes, 1st offense only

18.52.020(A)

Permitted use violation – multiple-family residential district.

$300.00

Yes, 1st offense only

18.52.020(B)

Conditional use violation – multiple-family residential district.

$300.00

Yes, 1st offense only

18.52.030

Standards violation – multiple-family residential district.

$300.00

Yes, 1st offense only

18.56.020(A)

Permitted use violation – multiple-family residential/professional office district.

$300.00

Yes, 1st offense only

18.56.020(B)

Conditional use violation – multiple-family residential/professional office district.

$300.00

Yes, 1st offense only

18.56.030

Standards violation – multiple-family residential/professional office district.

$300.00

Yes, 1st offense only

18.60.020(A)

Permitted use violation – light commercial district.

$300.00

Yes, 1st offense only

18.60.020(B)

Conditional use violation – light commercial district.

$300.00

Yes, 1st offense only

18.60.030

Standards violation – light commercial district.

$300.00

Yes, 1st offense only

18.64.020(A)

Permitted use violation – general commercial district.

$300.00

Yes, 1st offense only

18.64.020(B)

Conditional use violation – general commercial district.

$300.00

Yes, 1st offense only

18.64.030

Standards violation – general commercial district.

$300.00

Yes, 1st offense only

18.68.020(A)

Permitted use violation – central business district.

$300.00

Yes, 1st offense only

18.68.020(B)

Conditional use violation – central business district.

$300.00

Yes, 1st offense only

18.68.030

Standards violation – central business district.

$300.00

Yes, 1st offense only

18.72.020(A)

Permitted use violation – light industrial district.

$300.00

Yes, 1st offense only

18.72.020(B)

Conditional use violation – light industrial district.

$300.00

Yes, 1st offense only

18.72.030

Standards violation – light industrial district.

$300.00

Yes, 1st offense only

18.76.020(A)

Permitted use violation – heavy industrial district.

$300.00

Yes, 1st offense only

18.76.020(B)

Conditional use violation – heavy industrial district.

$300.00

Yes, 1st offense only

18.76.030

Standards violation – heavy industrial district.

$300.00

Yes, 1st offense only

18.80.020(A)

Permitted use violation – mineral lands district.

$300.00

Yes, 1st offense only

18.80.020(B)

Conditional use violation – mineral lands district.

$300.00

Yes, 1st offense only

18.80.030

Standards violation – mineral lands district.

$300.00

Yes, 1st offense only

18.84.020(A)

Permitted use violation – general use district
(GU-1).

$300.00

Yes, 1st offense only

18.84.020(B)

Conditional use violation – general use district (GU-1).

$300.00

Yes, 1st offense only

18.84.030

Standards violation – general use district (GU-1).

$300.00

Yes, 1st offense only

18.88.020(A)

Permitted use violation – general use district
(GU-5).

$300.00

Yes, 1st offense only

18.88.020(B)

Conditional use violation – general use district (GU-5).

$300.00

Yes, 1st offense only

18.88.030

Standards violation – general use district (GU-5).

$300.00

Yes, 1st offense only

18.92.060(B)

Correctional facility standards violation.

$300.00

Yes, 1st offense only

18.92.070(B)

Groundwater damage protection standards violation.

$300.00

Yes, 1st offense only

18.92.080(B)

Airport noise sensitive area standards violation.

$300.00

Yes, 1st offense only

18.92.090(B)

Waterways setback standards violation.

$300.00

Yes, 1st offense only

18.92.100(B)

Waterways protection standards violation.

$300.00

Yes, 1st offense only

18.92.110(B)

Special landscape area standards violation.

$300.00

Yes, 1st offense only

18.92.120(B)

Communications towers standards violation.

$300.00

Yes, 1st offense only

18.96.020

Buildings per lot violation.

$300.00

Yes, 1st offense only

18.96.030(A)

Accessory structure yard violation.

$300.00

Yes, 1st offense only

18.96.030(B)

Accessory structure discharge violation.

$300.00

Yes, 1st offense only

18.96.030(C)

Accessory structure violation – designated zone requirements.

$300.00

Yes, 1st offense only

18.96.060(A)

Off-street parking and loading violation.

$300.00

Yes, 1st offense only

18.96.060(C)

Off-street parking standards violation.

$300.00

Yes, 1st offense only

18.96.060(D)

Off-street loading standards violation.

$300.00

Yes, 1st offense only

18.96.060(E)

Off-street parking location violation.

$300.00

Yes, 1st offense only

18.96.060(F)

Shared off-street parking violation.

$300.00

Yes, 1st offense only

18.96.060(G)

Handicapped parking violation.

$300.00

Yes, 1st offense only

18.96.060(H)

Off-street parking/loading design violation.

$300.00

Yes, 1st offense only

18.96.070

Sign violation.

$300.00

Yes, 1st offense only

18.96.080

Home occupation violation.

$300.00

Yes, 1st offense only

18.96.090

Exceeding permitted fence height.

$100.00

Yes

18.96.100(A)

Street intersection visibility violation.

$300.00

Yes, unless health and safety issue

18.96.100(B)

Street intersection visibility – parking violation.

$300.00

Yes, 1st offense only

18.96.110(A)

Campground standards violation.

$300.00

Yes, 1st offense only

18.96.110(B)

Failure to submit compliant site plan.

$300.00

Yes, 1st offense only

18.96.110(C)

Campground area, setback, or height requirements violation.

$300.00

Yes, 1st offense only

18.96.110(D)

Entrance/exit design violation.

$300.00

Yes, 1st offense only

18.96.110(E)

Internal street standards violation.

$300.00

Yes, 1st offense only

18.96.110(F)

Street alignment/gradient violation.

$300.00

Yes, 1st offense only

18.96.110(G)

Street surfacing violation.

$300.00

Yes, 1st offense only

18.96.110(H)

Street width violation.

$300.00

Yes, 1st offense only

18.96.110(I)

Office/facility location violation.

$300.00

Yes, 1st offense only

18.96.110(J)

Waste disposal violation.

$300.00

Yes, 1st offense only

18.96.110(K)

Exterior lighting violation.

$300.00

Yes, 1st offense only

18.96.120

Storage of hazardous substance in violation of limitation or condition of conditional use approval.

$300.00

No

18.96.130(A)

Failure to comply with location limitation.

$300.00

Yes, 1st offense only

18.96.130(B)

Failure to comply with screening requirements.

$300.00

Yes, 1st offense only

18.96.130(C)

Failure to comply with runoff/drainage plan requirements.

$300.00

Yes, 1st offense only

18.96.130(D)

Failure to mitigate – rats.

$300.00

Yes, 1st offense only

18.96.140

Lighting violation.

$100.00

Yes

18.96.150

Public utility and service use standards violation.

$300.00

Yes, 1st offense only

18.96.160

Communication tower standards violation.

$300.00

Yes, 1st offense only

18.96.170

Residential cluster development standards violation.

$300.00

Yes, 1st offense only

18.96.180

Self-storage establishment violation.

$300.00

Yes, 1st offense only

18.96.190

Sewage and toilet facilities violation.

$300.00

Yes

18.96.200

Residential district structural change violation.

$300.00

Yes, 1st offense only

18.96.210(D)

Large-scale development standards violation.

$300.00

Yes, 1st offense only

18.104.030

Violating special limitation of rezone.

$300.00

Yes

18.104.050

Failure to timely cease conditional use.

$300.00

Yes

18.104.080

Failure to obtain a zoning permit.

$300.00

Yes

18.108.040

Nonconforming use restriction violation.

$300.00

Yes, 1st offense only

19.08.030(B)

Failure to register a mobile home or display required decal.

1st offense

$50.00

Yes, 1st offense only

19.08.030(B)

Failure to register a mobile home or display required decal.

2nd offense

$100.00

No

19.08.040

Unlawful transfer of a mobile home decal.

1st offense

$50.00

Yes, 1st offense only

19.08.040

Unlawful transfer of a mobile home decal.

2nd offense

$100.00

No

19.08.050(A)

Failure to register mobile home park.

1st offense

$50.00

Yes, 1st offense only

19.08.050(A)

Failure to register mobile home park.

2nd offense

$100.00

No

19.08.050(B) or (C)

Failure to notify assessor of mobile home space rental or removal.

1st offense

$50.00

Yes, 1st offense only

19.08.050(B) or (C)

Failure to notify assessor of mobile home space rental or removal.

2nd offense

$100.00

No

19.12.010

Unlawful expansion, reconstruction or operation of mobile home park.

$1,000

Yes, 1st offense only

19.12.020

Failure to obtain annual mobile home park permit.

$1,000

Yes, 1st offense only

19.12.040

Violation of mobile home park spacing requirements.

$1,000

Yes, 1st offense only

19.12.050

Wiring violation.

$1,000

Yes, 1st offense only

19.12.060

Street and block layout violation.

$1,000

Yes, 1st offense only

19.12.070

Water and sewer violation.

$1,000

Yes, 1st offense only

19.12.080

Access violation.

$1,000

Yes, 1st offense only

19.12.090

Convenience establishment restrictions violation.

$1,000

Yes, 1st offense only

19.12.100

Construction standards violation.

$1,000

Yes, 1st offense only

19.12.110

Campers and travel trailers violation.

$1,000

Yes, 1st offense only

19.12.120

Garbage removal violation.

$1,000

Yes, 1st offense only

19.12.130

Fuel supply anchoring violation.

$1,000

Yes, 1st offense only

19.12.160

Unlawful expansion, reconstruction or operation of a mobile home park.

$1,000

Yes, 1st offense only

19.16.010

Failure to notify buyer of tax liens.

$500.00

No

21.16.020

Sale of fireworks.

$1,000

Yes, 1st offense only

21.16.030

Unauthorized use or exploding of fireworks.

$1,000

Yes, 1st offense only

21.16.040(B)

Transfer of fireworks display permit.

$1,000

Yes, 1st offense only

21.16.040(C)

Failure to dispose of unfired fireworks from public display.

$1,000

Yes, 1st offense only

21.20.030(A)

Dumping solid waste outside of specified area.

1st offense

$100.00

No

21.20.030(A)

Dumping solid waste outside of specified area.

2nd offense

$200.00

No

21.20.030(A)

Dumping solid waste outside of specified area.

3rd offense

$300.00

No

21.20.060(A)

Disposal of solid waste in unauthorized location.

1st offense

$100.00

No

21.20.060(A)

Disposal of solid waste in unauthorized location.

2nd offense

$200.00

No

21.20.060(A)

Disposal of solid waste in unauthorized location.

3rd offense

$300.00

No

21.20.060(B)

Unauthorized disposal of special solid waste.

1st offense

$100.00

No

21.20.060(B)

Unauthorized disposal of special solid waste.

2nd offense

$200.00

No

21.20.060(B)

Unauthorized disposal of special solid waste.

3rd offense

$300.00

No

21.20.060(C)

Accumulation of waste or other materials on property – public health threat.

1st offense

$100.00

No

21.20.060(C)

Accumulation of waste or other materials on property – public health threat.

2nd offense

$200.00

No

21.20.060(C)

Accumulation of waste or other materials on property – public health threat.

3rd offense

$300.00

No

21.20.060(D)

Littering on water or land.

1st offense

$100.00

No

21.20.060(D)

Littering on water or land.

2nd offense

$200.00

No

21.20.060(D)

Littering on water or land.

3rd offense

$300.00

No

21.20.060(E)

Dumping solid waste in public dumpsters not from individual residences located in the borough but outside of the city of Fairbanks.

1st offense

$100.00

No

21.20.060(E)

Dumping solid waste in public dumpsters not from individual residences located in the borough but outside of the city of Fairbanks.

2nd offense

$200.00

No

21.20.060(E)

Dumping solid waste in public dumpsters not from individual residences located in the borough but outside of the city of Fairbanks.

3rd offense

$300.00

No

21.20.060(F)

Disposing of solid waste outside of public dumpster.

1st offense

$100.00

No

21.20.060(F)

Disposing of solid waste outside of public dumpster.

2nd offense

$200.00

No

21.20.060(F)

Disposing of solid waste outside of public dumpster.

3rd offense

$300.00

No

21.20.060(G)

Disposal of specified wastes at public dumpster.

1st offense

$100.00

No

21.20.060(G)

Disposal of specified wastes at public dumpster.

2nd offense

$200.00

No

21.20.060(G)

Disposal of specified wastes at public dumpster.

3rd offense

$300.00

No

21.20.100(A)

Collecting/transporting solid waste to other than approved waste disposal facility.

1st offense

$100.00

No

21.20.100(A)

Collecting/transporting solid waste to other than approved waste disposal facility.

2nd offense

$200.00

No

21.20.100(A)

Collecting/transporting solid waste to other than approved waste disposal facility.

3rd offense

$300.00

No

21.20.100(B)

Collecting/transporting specified materials in unapproved container.

1st offense

$100.00

No

21.20.100(B)

Collecting/transporting specified materials in unapproved container.

2nd offense

$200.00

No

21.20.100(B)

Collecting/transporting specified materials in unapproved container.

3rd offense

$300.00

No

21.20.100(C)

Solid waste spillage from vehicle or container; failure to pick up fallen materials/clean area.

1st offense

$100.00

No

21.20.100(C)

Solid waste spillage from vehicle or container; failure to pick up fallen materials/clean area.

2nd offense

$200.00

No

21.20.100(C)

Solid waste spillage from vehicle or container; failure to pick up fallen materials/clean area.

3rd offense

$300.00

No

21.20.100(D)

Uncovered or unsecured load at disposal facility.

1st offense

$100.00

No

21.20.100(D)

Uncovered or unsecured load at disposal facility.

2nd offense

$200.00

No

21.20.100(D)

Uncovered or unsecured load at disposal facility.

3rd offense

$300.00

No

21.24.010(A)

Vehicle plug-in program violation.

$300.00

Yes

21.28.030(A)

Installation of an unlisted appliance.

$500.00

No

21.28.030(A)

Failure to remove an unlisted appliance.

$500.00

Yes

21.28.030(B)

Failure to remove, using or operating a prohibited hydronic heater.

1st offense

$500.00

Yes, with removal as soon as practicable

21.28.030(B)

Failure to remove, using or operating a prohibited hydronic heater.

2nd offense

$1,000

No

21.28.030(C)

Violation of visible emissions standard.

1st offense

$100.00

Yes

21.28.030(C)

Violation of visible emissions standard.

2nd offense

$500.00

No

21.28.030(D)

Emissions crossing property lines.

1st offense

$500.00

Yes

21.28.030(D)

Emissions crossing property lines.

2nd offense

$1,000

No

21.28.030(E)

Failure to obtain, submit and execute a permit for installing a SFBA in new construction.

$1,000

No

21.28.030(F)

Illegal installation of hydronic heaters.

$500.00

No

21.28.030(F)

Failure to remove hydronic heaters.

$500.00

No

21.28.030(G)

Use of prohibited fuels.

1st offense

$100.00

Yes

21.28.030(G)

Use of prohibited fuels.

2nd offense

$500.00

No

21.28.030(H)

Violation of commercial sale requirements.

$500.00

No

21.28.050(C)

Violation of a Stage 1 air alert restriction.

$500.00

Yes

21.28.050(D)

Violation of a Stage 2 air alert restriction.

$1,000

Yes

21.28.060

Filing a false affidavit.

$500.00

No

22.12.020(A)

Adoptive owner possessing unspayed/unneutered animal.

1st offense

$100.00

No

22.12.020(A)

Adoptive owner possessing unspayed/unneutered animal.

2nd offense

$200.00

No

22.12.020(A)

Adoptive owner possessing unspayed/unneutered animal.

3rd or subsequent offense within a five-year period

$300.00

No

22.16.040(B)

Failure to surrender animal.

1st offense

$100.00

No

22.16.040(B)

Failure to surrender animal.

2nd offense

$200.00

No

22.16.040(B)

Failure to surrender animal.

3rd offense

$300.00

No

22.16.010(H)

Failure to notify about stray animal.

1st offense

$100.00

No

22.16.010(H)

Failure to notify about stray animal.

2nd offense

$200.00

No

22.16.010(H)

Failure to notify about stray animal.

3rd offense

$300.00

No

22.16.010(H)

Failure to release animal.

1st offense

$100.00

No

22.16.010(H)

Failure to release animal.

2nd offense

$200.00

No

22.16.010(H)

Failure to release animal.

3rd offense

$300.00

No

22.16.010(H)

Failure to cooperate with animal control.

1st offense

$100.00

No

22.16.010(H)

Failure to cooperate with animal control.

2nd offense

$200.00

No

22.16.010(H)

Failure to cooperate with animal control.

3rd offense

$300.00

No

22.20.010(C)

Failure to maintain conditions of release.

1st offense

$100.00

No

22.20.010(C)

Failure to maintain conditions of release.

2nd offense

$200.00

No

22.20.010(C)

Failure to maintain conditions of release.

3rd or subsequent offense within a five-year period

$300.00

No

22.20.010(E)

Failure to present dangerous animal.

1st offense

$100.00

No

22.20.010(E)

Failure to present dangerous animal.

2nd offense

$200.00

No

22.20.010(E)

Failure to present dangerous animal.

3rd offense

$300.00

No

22.24.020(A)

Failure to report animal bite.

1st offense

$100.00

No

22.24.020(A)

Failure to report animal bite.

2nd offense

$200.00

No

22.24.020(A)

Failure to report animal bite.

3rd or subsequent offense within a five-year period

$300.00

No

22.24.020(B)

Failure to report animal exhibiting signs of rabies.

1st offense

$100.00

No

22.24.020(B)

Failure to report animal exhibiting signs of rabies.

2nd offense

$200.00

No

22.24.020(B)

Failure to report animal exhibiting signs of rabies.

3rd or subsequent offense within a five-year period

$300.00

No

22.24.030(C)

Failure to surrender animal upon demand.

1st offense

$100.00

No

22.24.030(C)

Failure to surrender animal upon demand.

2nd offense

$200.00

No

22.24.030(C)

Failure to surrender animal upon demand.

3rd or subsequent offense within a five-year period

$300.00

No

22.24.020(C)

Failure to report treatment of animal bites.

1st offense

$100.00

No

22.24.020(C)

Failure to report treatment of animal bites.

2nd offense

$200.00

No

22.24.020(C)

Failure to report treatment of animal bites.

3rd or subsequent offense within a five-year period

$300.00

No

22.24.020(D)

Failure to report rabies diagnosis.

1st offense

$100.00

No

22.24.020(D)

Failure to report rabies diagnosis.

2nd offense

$200.00

No

22.24.020(D)

Failure to report rabies diagnosis.

3rd or subsequent offense within a five-year period

$300.00

No

22.24.040(H)

Failure to surrender animal upon demand.

1st offense

$100.00

No

22.24.040(H)

Failure to surrender animal upon demand.

2nd offense

$200.00

No

22.24.040(H)

Failure to surrender animal upon demand.

3rd or subsequent offense within a five-year period

$300.00

No

22.24.040(J)

Failure to surrender animal upon demand.

1st offense

$100.00

No

22.24.040(J)

Failure to surrender animal upon demand.

2nd offense

$200.00

No

22.24.040(J)

Failure to surrender animal upon demand.

3rd or subsequent offense within a five-year period

$300.00

No

22.24.050(B)

Killing any rabid animal or animal biting a human not in defense of life and limb, or removal without permission; failure to make efforts to save head for observation.

1st offense

$100.00

No

22.24.050(B)

Killing any rabid animal or animal biting a human not in defense of life and limb, or removal without permission; failure to make efforts to save head for observation.

2nd offense

$200.00

No

22.24.050(B)

Killing any rabid animal or animal biting a human not in defense of life and limb, or removal without permission; failure to make efforts to save head for observation.

3rd or subsequent offense within a five-year period

$300.00

No

22.24.040(K)

Failure to surrender carcass of animal with suspected rabies exposure.

1st offense

$100.00

No

22.24.040(K)

Failure to surrender carcass of animal with suspected rabies exposure.

2nd offense

$200.00

No

22.24.040(K)

Failure to surrender carcass of animal with suspected rabies exposure.

3rd or subsequent offense within a five-year period

$300.00

No

22.24.050(C)

Failure to surrender animal for quarantine or destruction.

1st offense

$100.00

No

22.24.050(C)

Failure to surrender animal for quarantine or destruction.

2nd offense

$200.00

No

22.24.050(C)

Failure to surrender animal for quarantine or destruction.

3rd or subsequent offense within a five-year period

$300.00

No

22.24.060(A)

Failure to immunize animal against rabies.

1st offense

$100.00

No

22.24.060(A)

Failure to immunize animal against rabies.

2nd offense

$200.00

No

22.24.060(A)

Failure to immunize animal against rabies.

3rd or subsequent offense within a five-year period

$300.00

No

22.24.060(C)

Providing false proof of rabies immunization.

1st offense

$100.00

No

22.24.060(C)

Providing false proof of rabies immunization.

2nd offense

$200.00

No

22.24.060(C)

Providing false proof of rabies immunization.

3rd or subsequent offense within a five-year period

$300.00

No

22.24.060(D)

Failure to provide proof of immunization.

1st offense

$100.00

Yes

22.24.060(D)

Failure to provide proof of immunization.

2nd offense

$200.00

No

22.24.060(D)

Failure to provide proof of immunization.

3rd offense

$300.00

No

22.28.010

Failure to properly restrain animal to prevent running at large.

1st offense

$100.00

No

22.28.010

Failure to properly restrain animal to prevent running at large.

2nd offense

$200.00

No

22.28.010

Failure to properly restrain animal to prevent running at large.

3rd or subsequent offense within a five-year period

$300.00

No

22.28.020

Failure to remove dog or cat excreta.

1st offense

$100.00

No

22.28.020

Failure to remove dog or cat excreta.

2nd offense

$200.00

No

22.28.020

Failure to remove dog or cat excreta.

3rd or subsequent offense within a five-year period

$300.00

No

22.28.030(A)

Harboring animal infected with contagious or pestilent disease.

1st offense

$100.00

No

22.28.030(A)

Harboring animal infected with contagious or pestilent disease.

2nd offense

$200.00

No

22.28.030(A)

Harboring animal infected with contagious or pestilent disease.

3rd or subsequent offense within a five-year period

$300.00

No

22.28.030(B)

Failure to exercise proper care and control of animal to prevent public nuisance.

1st offense

$100.00

No

22.28.030(B)

Failure to exercise proper care and control of animal to prevent public nuisance.

2nd offense

$200.00

No

22.28.030(B)

Failure to exercise proper care and control of animal to prevent public nuisance.

3rd or subsequent offense within a five-year period

$300.00

No

22.28.030(C)

Tying, staking or fastening animal within street, alley, sidewalk or public place.

1st offense

$100.00

No

22.28.030(C)

Tying, staking or fastening animal within street, alley, sidewalk or public place.

2nd offense

$200.00

No

22.28.030(C)

Tying, staking or fastening animal within street, alley, sidewalk or public place.

3rd or subsequent offense within a five-year period

$300.00

No

22.28.030(D)

Failure to confine female dog or cat in heat.

1st offense

$100.00

No

22.28.030(D)

Failure to confine female dog or cat in heat.

2nd offense

$200.00

No

22.28.030(D)

Failure to confine female dog or cat in heat.

3rd or subsequent offense within a five-year period

$300.00

No

22.28.040(A)

Cruelty.

1st offense

$500.00

No

22.28.040(A)

Cruelty.

2nd offense

$1,000

No

22.28.040(A)

Cruelty.

3rd offense

$1,000

No

22.28.040(B)

Failure to provide humane care.

1st offense

$100.00

Yes

22.28.040(B)

Failure to provide humane care.

2nd offense

$200.00

No

22.28.040(B)

Failure to provide humane care.

3rd offense

$300.00

No

22.28.040(D)

Failure to notify.

1st offense

$100.00

No

22.28.040(D)

Failure to notify.

2nd offense

$200.00

No

22.28.040(D)

Failure to notify.

3rd offense

$300.00

No

22.28.050

Release from restraint by nonowner.

1st offense

$100.00

No

22.28.050

Release from restraint by nonowner.

2nd offense

$200.00

No

22.28.050

Release from restraint by nonowner.

3rd or subsequent offense within a five-year period

$300.00

No

22.28.060(A)

Failure to report accident involving domestic animal.

1st offense

$100.00

No

22.28.060(A)

Failure to report accident involving domestic animal.

2nd offense

$200.00

No

22.28.060(A)

Failure to report accident involving domestic animal.

3rd or subsequent offense within a five-year period

$300.00

No

22.28.060(B)

Failure to restrain animal in open motor vehicle.

1st offense

$100.00

No

22.28.060(B)

Failure to restrain animal in open motor vehicle.

2nd offense

$200.00

No

22.28.060(B)

Failure to restrain animal in open motor vehicle.

3rd or subsequent offense within a five-year period

$300.00

No

22.32.010

Interference with officer in the performance of duty; seeking to release animal in custody.

$1,000

Yes, 1st offense only

(Ord. 2017-44 § 7, 2017; Ord. 2017-27 § 10, 2017; Ord. 2017-18 § 9, 2017; Ord. 2017-19 § 8, 2017; Ord. 2017-05 § 3, 2017; Ord. 2016-67 § 3, 2016; Ord. 2016-40 § 4, 2016; Ord. 2016-21 § 3, 2016; Ord. 2015-12 § 3, 2015; Ord. 2015-01 § 8, 2015; Ord. 2014-28 § 5, 2014; Ord. 2014-19 § 4, 2014; Ord. 2014-12 § 2, 2014; Ord. 2013-86 § 2, 2013; Ord. 2013-65 § 24, 2013; Ord. 2013-43 § 3, 2013; Ord. 2013-26 § 3, 2013; Ord. 2012-61 § 4, 2012; Ord. 2012-09 § 5, 2012; Ord. 2011-12 § 4, 2011; Ord. 2011-03 § 8, 2011; Ord. 2010-28 § 4, 2010; Ord. 2009-55 § 3, 2010; Ord. 2009-27 § 6, 2009; Ord. 2008-22 § 7, 2008; Ord. 2007-04 § 6, 2007; Ord. 2006-40 § 2, 2006; Ord. 2005-82 § 3, 2006; Ord. 2005-39 § 5, 2005. 2004 Code § 1.04.050.)