Chapter 1.04
PENALTY PROVISIONS
Sections:
1.04.010 Penalties.
1.04.015 Penalty surcharge.
1.04.020 Legal accountability based upon the conduct of another – Complicity.
1.04.030 Exemptions to legal accountability for conduct of another.
1.04.040 Application of fine schedule.
1.04.050 Fine schedule.
1.04.060 Code enforcement officer designation.
1.04.070 Training requirements.
1.04.010 Penalties.
A. A person who violates a provision of this code is guilty of a misdemeanor or a violation and 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 misdemeanors unless expressly designated as a violation.
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 FNSB 1.04.040, may be disposed of as provided in FNSB 1.04.020 through 1.04.050.
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. No more than two citations under FNSB 1.04.040 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. 2005-39 §§ 2, 3, 2005; amended during 1993 republication; Ord. 86-071 § 2, 1986)
1.04.015 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)
1.04.020 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)
1.04.030 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)
1.04.040 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 Alaska District Court Criminal Rule 8(b)(4).
B. Any person violating any provision of this code, 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 1.04.050 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 1.04.015.
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 1.04.050, 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 police training surcharge together with the citation number to the borough treasury/budget division prior to the date set for arraignment. (Ord. 2008-22 § 7, 2008; Ord. 2005-39 § 4, 2005)
1.04.050 Fine schedule.
|
Code Section |
Offense |
Penalty/Fine |
Mandatory Warning Required |
|
8.04.031(A)(1)(a) |
Unlawful open burning |
$300.00 |
No |
|
8.14.015(A) and (B) |
Unlawful abandonment of a vehicle |
$300.00 |
Yes |
|
8.20.010(A) |
Vehicle plug-in program violation |
$300.00 |
Yes |
|
8.21.020(A) |
Installation of or failure to remove an unlisted appliance |
$50.00 |
No |
|
8.21.020(B) |
Illegal installation or failure to remove hydronic heaters |
$50.00 |
No |
|
8.21.020(C) |
Use of prohibited fuels – 1st offense |
$30.00 |
Yes |
|
8.21.020(C) |
Use of prohibited fuels – 2nd offense |
$50.00 |
No |
|
8.21.020(D) |
Violation of commercial sale requirements |
$30.00 |
No |
|
8.21.020(H) |
Use of prohibited fuels in air quality zone |
$60.00 |
Yes, one three-day warning period required before fines begin |
|
8.21.020(H) |
Use of prohibited fuels in air quality zone during air quality alert |
$100.00/day Maximum of $1,000.00 per air quality alert |
Yes, one three-day warning period required before fines begin |
|
9.12.010(B) |
Moving, defacing, damaging, or destroying park or recreation property |
$50.00 |
No |
|
9.12.010(C) |
Putting or throwing garbage, rubbish or material, or other discarded objects in or on borough park or recreation facility |
$50.00 |
No |
|
9.12.030 |
Consumption, possession or use of alcoholic beverages in posted areas in borough parks |
$50.00 |
No |
|
12.01.020 |
Causing, creating, maintaining or expanding an encroachment |
$300.00 |
Yes, unless health and safety issue |
|
14.03.020 |
Failure to reconstruct public road in service area |
$300.00 |
Yes, unless health and safety issue |
|
14.03.030 |
Commencing excavation or construction in or on public road in service area without a permit |
$300.00 |
Yes, unless health and safety issue |
|
15.04.040 |
Constructing without a floodplain permit |
$500.00 |
No |
|
15.04.065 |
Failure to obtain a certificate of compliance |
$500.00 |
No |
|
15.04.080 |
Failure to comply with floodplain construction requirements |
$500.00 |
No |
|
18.48.110 |
Failure to comply with landscaping requirements |
$300.00 |
Yes |
|
18.50.030 |
Violation of accessory structure ordinance |
$300.00 |
Yes |
|
18.50.090 |
Exceeding permitted fence height |
$100.00 |
Yes |
|
18.50.100(A) |
Street intersection visibility violation |
$300.00 |
Yes, unless health and safety issue |
|
18.50.120 |
Storage of hazardous substance in violation of limitation or condition of conditional use approval |
$300.00 |
No |
|
18.50.140 |
Lighting violation |
$100.00 |
Yes |
|
18.50.180 |
Sewage and toilet facilities violation |
$300.00 |
Yes |
|
18.54.025 |
Violating special limitation of rezone |
$300.00 |
Yes |
|
18.54.060 |
Failure to obtain a zoning permit |
$300.00 |
Yes |
|
21.30.020 |
Illicit discharge 1st offense |
$500.00 |
Yes, unless health and safety issue |
|
21.30.020 |
Illicit discharge 2nd offense |
$750.00 |
No |
|
21.30.020 |
Illicit discharge 3rd offense |
$1,000.00 |
No |
|
21.30.030 |
Failure to notify of spills 1st offense |
$500.00 |
No |
|
21.30.030 |
Failure to notify of spills 2nd offense |
$750.00 |
No |
|
21.30.030 |
Failure to notify of spills 3rd offense |
$1,000.00 |
No |
|
21.40.020 |
Operating construction site without a permit |
$500.00 |
Yes |
|
21.40.030 |
Failure to comply with construction site standards |
$500.00 |
No |
|
21.40.040 |
Denying access for inspection |
$500.00 |
No |
|
21.40.050 |
Failure to obtain permit closure |
$500.00 |
No |
|
21.50.020 |
Commencing with construction without an accepted PSWCP |
$500.00 |
Yes |
|
21.50.030 |
Occupying, utilizing, or operating a constructed facility or site without a recorded maintenance agreement |
$500.00 |
No |
|
21.50.030 |
Violation of terms of maintenance agreement |
$500.00 |
No |
(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)
1.04.060 Code enforcement officer designation.
The mayor may designate in writing up to three total persons who shall be authorized to enforce this code 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. (Ord. 2005-39 § 6, 2005)
1.04.070 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)