Chapter 3.12
ORDINANCES

Sections:

3.12.010    Acts required to be by ordinance.

3.12.020    Ordinance procedure.

3.12.030    Emergency ordinances.

3.12.040    Codification.

3.12.050    Resolutions.

3.12.060    Revision of ordinances.

3.12.010 Acts required to be by ordinance.

A. In addition to other actions that AS 29 requires to be by ordinance, the assembly shall use ordinances to:

1. Establish, alter, or abolish borough departments;

2. Provide for a fine or other penalty, or establish rules and regulations for violation of which a fine or other penalty is imposed;

3. Provide for the levying of taxes;

4. Make appropriations, including supplemental appropriations or transfer of appropriations;

5. Grant, renew, or extend a franchise;

6. Adopt, modify, or repeal the comprehensive plan, land use and subdivision regulations, building and housing codes, and the official map;

7. Approve the transfer of a power to the borough from a city;

8. Designate the borough seat;

9. Provide for the retention or sale of tax-foreclosed property;

10. Exempt contractors from compliance with general requirements relating to payment and performance bonds in the construction or repair of municipal public works projects within the limitations set out in AS 36.25.

B. This section grants no authority but requires the assembly to use ordinances in exercising certain of its powers. (Ord. 86-071 § 2, 1986. 2004 Code § 1.03.050.)

3.12.020 Ordinance procedure.

A. An ordinance is introduced in writing in the form required by the assembly and must meet the agenda requirements of FNSBC 3.20.010.

B. The following procedure governs the enactment of all ordinances, except emergency ordinances:

1. An ordinance may be introduced by a member or committee of the assembly, or by the mayor;

2. An ordinance shall be set by the assembly for a public hearing by the affirmative vote of a majority of the votes authorized on the question;

3. At least five days before the public hearing a summary of the ordinance shall be published together with a notice of the time and place for the hearing;

4. Copies of the ordinance shall be available to all persons present at the hearing, or the ordinance shall be read in full;

5. During the hearing the assembly shall hear all interested persons wishing to be heard;

6. After the public hearing the assembly shall consider the ordinance, and may adopt it with or without amendment;

7. The assembly shall print and make available copies of an ordinance that is adopted.

C. An ordinance takes effect at 5:00 p.m. on the first borough business day following the day of adoption unless otherwise specified in the ordinance.

D. This section does not apply to an ordinance proposed under AS 04.11 relating to procedure for local option elections. (Ord. 2012-06 § 3, 2012; amended during 2004 republication; amended during 1993 republication; Ord. 86-071 § 2, 1986. 2004 Code § 1.03.060.)

3.12.030 Emergency ordinances.

A. To meet a public emergency the assembly may adopt an emergency ordinance effective on adoption. Each emergency ordinance shall contain a finding by the assembly that an emergency exists and a statement of the facts upon which the finding is based. An emergency ordinance may be adopted, amended and adopted, or rejected at the meeting at which it is introduced. The affirmative vote of all members present, or the affirmative vote of three-fourths of the total membership, whichever is less, is required for adoption of an emergency ordinance. The assembly shall print and make available copies of adopted emergency ordinances.

B. An emergency ordinance may not be used to levy taxes, to grant, renew, or extend a franchise, or to regulate the rate charged by a public utility for its services.

C. An emergency ordinance is effective for 60 days. (Ord. 86-071 § 2, 1986. 2004 Code § 1.03.070.)

3.12.040 Codification.

Each ordinance shall be codified after it is adopted. “Codified” means:

A. The ordinance has been given a permanent identifying number, and, bearing a notation of the date of adoption and the adopting authority, it has been entered by the clerk in a properly indexed book maintained for the purposes of organizing and recording the ordinances; or

B. The ordinance is a provision that establishes a rule of conduct or behavior and that is included or to be included in this code. The clerk shall cause this code to be kept current by regular supplements. (Ord. 86-071 § 2, 1986. 2004 Code § 1.03.080.)

3.12.050 Resolutions.

The assembly has provided for the maintenance of a permanent file of resolutions that have been adopted. (Ord. 86-071 § 2, 1986. 2004 Code § 1.03.090.)

3.12.060 Revision of ordinances.

A. Subject to the general policies which may be promulgated by the assembly for the preparation and publication of the regular supplements to this code, the clerk shall revise for consolidation into this code all borough ordinances of general applicability having the force and effect of law.

B. The clerk shall edit and revise the ordinances for consolidation without changing the meaning of an ordinance in the following manner:

1. Renumber sections, parts of sections, articles, chapters, and titles;

2. Change the wording of section or subsection titles, or delete subsection titles, and change or provide new titles for articles, chapters, and titles;

3. Change capitalization for the purpose of uniformity;

4. Substitute the proper designation for the terms “the preceding section,” “this ordinance,” and like terms;

5. Substitute the proper calendar date for “effective date of this ordinance,” “date of passage of this ordinance,” and other phrases of similar import;

6. Strike out figures if they are merely a repetition of written words, or substitute written words for figures;

7. Correct manifest errors which are clerical, typographical, or errors in spelling, or errors by way of additions or omissions;

8. Correct manifest errors in references to ordinances;

9. Rearrange sections, combine sections or parts of sections with other sections or parts of sections, divide long sections into two or more sections, and rearrange the order of sections to conform to a logical arrangement of subject matter as may most generally be followed in this code;

10. Change all sections, when possible, to read in the present tense, indicative mood, active voice and if the use of personal pronouns cannot be avoided in a section change the section to read in the third person and singular number, or any other necessary grammatical change in the manner generally followed in this code;

11. Delete or change sections or parts of sections if a deletion or change is necessary because of other ordinance amendments which did not specifically amend or repeal them;

12. Omit all titles to ordinances, all enacting and repealing clauses, all declarations of emergency, and all purpose, validity, and construction clauses unless, from their nature, it may be necessary to retain some of them to preserve the full meaning and intent of the ordinance.

C. The clerk shall edit and revise the laws as they are adopted by the assembly without changing the meaning of an ordinance so as to avoid the use of pronouns denoting masculine or feminine gender. (Ord. 86-071 § 2, 1986. 2004 Code § 1.03.100.)