Chapter 1.03


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

1.03.020    Designation and citation.

1.03.030    Effect of adoption.

1.03.040    Effect of repeal on prior offenses and punishments.

1.03.050    Acts required to be by ordinance.

1.03.060    Ordinance procedure.

1.03.070    Emergency ordinances.

1.03.080    Codification.

1.03.090    Resolutions.

1.03.100    Revision of ordinances.

1.03.110    Improvement of code.

1.03.120    Words and phrases.

1.03.130    Tense, number and gender.

1.03.140    Computation of time.

1.03.150    Severability.

1.03.160    Definitions.

1.03.010 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 Book 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. (Ord. 86-071 § 2, 1986)

1.03.020 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 1.03 FNSBC”; this section may be cited as “FNSBC 1.03.020.” Except as otherwise indicated by the context, citations in accordance with this section includes amendments and reenactments of the provision cited. (Ord. 86-071 § 2, 1986)

1.03.030 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)

1.03.040 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)

1.03.050 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)

1.03.060 Ordinance procedure.

A. An ordinance is introduced in writing in the form required by the assembly and must meet the agenda requirements of FNSBC 2.09.035.

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)

1.03.070 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)

1.03.080 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)

1.03.090 Resolutions.

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

1.03.100 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)

1.03.110 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 includes 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)

1.03.120 Words and phrases.

Words and phrases shall be construed according to the rules of grammar and according to their common and approved usage. Technical words and phrases and those which have acquired a peculiar and appropriate meaning, whether by definition or otherwise, shall be construed according to the peculiar and appropriate meaning. (Ord. 86-071 § 2, 1986)

1.03.130 Tense, number and gender.

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

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

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

1.03.140 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 also excluded. (Ord. 86-071 § 2, 1986)

1.03.150 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)

1.03.160 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 includes 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 includes 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 includes 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 includes 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 2.12 FNSBC. (Ord. 2012-05 § 3, 2012; amended during 2004 republication; Ord. 86-071 § 2, 1986)