Chapter 1.24
PENALTIES

Sections:

1.24.010    General penalty.

1.24.015    Surcharge required.

1.24.020    Procedure.

1.24.030    Disposition of minor offenses.

1.24.040    Minor offense fine schedule.

1.24.060    Ordinances affecting minor offenses sent to borough attorney.

1.24.010 General penalty.

A. Every act prohibited by borough ordinance is unlawful. Unless another penalty is expressly provided by this code for a particular act or offense, every person who commits an infraction or violation of any provision of this code, or any rule or regulation adopted or issued pursuant to this code, commits a minor offense as that term is defined in the Alaska Rules of Minor Offense Procedure and may be punished by a fine of not more than $500.00.

B. In addition to any other remedies or penalties that may be provided in this code, or may otherwise be available, the borough or any aggrieved person may institute a civil action to obtain injunctive or compensatory relief against a person who violates any provision of the code. An action to enjoin a violation may be brought notwithstanding the availability of any other remedy. On application for injunctive relief and a finding of violation or threatened violation, the superior court shall grant the injunction.

C. Each act of violation and every day upon which the violation shall occur will constitute a separate offense. A separate citation must be issued for each calendar day upon which a violation is alleged to have occurred.

D. The borough clerk’s office shall maintain a record of the amount of all fines imposed by the borough or a court and all fines remitted to the borough as a result of all violations of the ordinances in this code. The total dollar amount of fines remitted to the borough each fiscal year shall be provided to the public safety commission or the borough assembly upon request, and to members of the public pursuant to normally applicable laws governing requests for public records. Nothing in this chapter is intended to require the borough to create records in response to public records requests that are not otherwise maintained by the borough in the normal course of business. (Ord. 15-06-413 § 5)

1.24.015 Surcharge required.

In addition to any penalty prescribed by law, a person found to have violated a borough ordinance shall pay the surcharge required under AS 12.55.039 and 29.25.074. All such surcharges collected shall be remitted to the state of Alaska as required by AS 29.25.074. (Ord. 15-06-413 § 5)

1.24.020 Procedure.

A. The charge for the violation of a code provision may be brought by a borough police officer based upon information personally known to the police officer or upon sworn statement by the borough manager or other borough official responsible for the administration and enforcement of the code provision which has been violated. Police officers are authorized, but not required, to issue warnings for a first violation of any provision of this code.

B. The borough shall use the Alaska Uniform Citation form, or the electronic version if authorized, to provide notice of a minor offense to anyone accused of violating any provision of this code. (Ord. 15-06-413 § 5)

1.24.030 Disposition of minor offenses.

A person charged with a minor offense listed on a fine schedule may appear in court to contest the charge. If an offense is not listed on a fine schedule, or if the citation indicates that a court appearance is mandatory, the defendant must appear in court to answer the charges. As a minor offense, trial is by the court without a jury, and there is no right to court-appointed defense counsel. (Ord. 15-06-413 § 5)

1.24.040 Minor offense fine schedule.

In accordance with AS 29.25.070(a), citations for the following offenses may be disposed of as provided in AS 12.25.195 through 12.25.230, without a court appearance, upon payment of the fine amounts listed below, plus the state surcharge required by AS 12.55.039 and 29.25.074. Fines must be paid to the court. The Alaska court system’s Rules of Minor Offense Procedures apply to all offenses listed below. If a person charged with one of these offenses appears in court and is found to have committed the offense, the court shall impose the penalty set forth in the fine schedule below for that offense. Citations charging these offenses must meet the requirements of the Rules of Minor Offense Procedure. The penalty imposed for any offense may not exceed the fines set forth below.

Code Section

Offense Description

Fine Amount

3.80.035(D)

Failure of operator to collect and/or remit sales tax for rental space

300

3.80.080

Failure to identify and add amount of sales tax to taxable transaction

300

3.80.090(A)

Failure to timely file sales tax returns

300

3.80.090(B)

Failure to remit taxes with returns

300

3.80.170

Failure to obtain business license

300

3.80.190(A)

Failure to file final sales tax return

300

5.04.030(C)

Failure to obtain required permit (general)

500

5.04.080(E)(2)

Sign violation

100

5.04.140(A)

Commercial tour/enterprise operating without permit or failure to follow permit condition

500

5.08.010(A)

Permit required for solicitation on public property

300

5.08.020

Solicitation on private property without invitation prohibited

300

5.08.030(A)

Permit required for transient/itinerant merchants/vendors

300

5.08.040

Permit required for circus, carnival, fair/other concessions

300

5.08.050(A)

Sale/solicitation of commercial magazines on public sidewalks/streets prohibited

300

5.12.010(A)

License required to manufacture/sell any alcoholic beverage

500

5.12.020

Closing hours for licensed alcoholic beverage premises between 5:00 a.m. and 8:00 a.m.

500

5.12.040

Accessibility for inspection of licensed premises within the townsite service area

300

5.16.010(A)

All operators of gaming activities prohibited from conducting gaming activities

300

5.18.015

Commercial tour permit required

500

5.20.030

Failure to display commercial passenger vehicle/tour vehicle permit

100

5.20.040(A)(1)

Failure to display license

100

5.20.040(A)(2)

Failure to display rates

100

5.20.040(A)(3)

Failure to display contact information of borough clerk

100

5.20.040(B)

Taxicab soliciting passenger or otherwise blocking traffic

100

5.20.050

Soliciting persons along the roadway

100

5.22.010(C)

Use of commercial parking vehicle areas when not engaged in commercial tour activity

100

5.22.040(C)

Failure to display parking permit

100

5.22.040(D)

Unreasonable interference with efficient operations

100

5.22.040(E)

Leaving commercial vehicle unattended

100

5.22.040(F)

Improper signage

100

5.22.040(H)

Unauthorized use of parking area

100

5.22.040(J)

Unauthorized display of sales material

100

6.08.010(A)

Dog license required

Altered dog: $50

6.08.010(A)

Dog license required

Unaltered dog: $150

6.08.010(D)

Failure to display tag

Altered dog: $50

6.08.010(D)

Failure to display tag

Unaltered dog: $150

6.08.010(F)

Failure to obtain kennel permit

Altered dog: $50

6.08.010(F)

Failure to obtain kennel permit

Unaltered dog: $150

6.08.010(H)

Using dog license receipt or license tag issued for another dog

Altered dog: $50

6.08.010(H)

Using dog license receipt or license tag issued for another dog

Unaltered dog: $150

6.08.020(A)

At-large dog

Altered dog: $50

6.08.020(A)

At-large dog

Unaltered dog: $150

6.08.020(B)

Barking, howling, or other noises

Altered dog: $50

6.08.020(B)

Barking, howling, or other noises

Unaltered dog: $150

6.08.020(C)

Run, chase, jump at moving vehicles

Altered dog: $50

6.08.020(C)

Run, chase, jump at moving vehicles

Unaltered dog: $150

6.08.020(D)

Snap, jump, injure another person

Altered dog: $50

6.08.020(D)

Snap, jump, injure another person

Unaltered dog: $150

6.08.020(E)

Chase, harass deer or moose

Altered dog: $50

6.08.020(E)

Chase, harass deer or moose

Unaltered dog: $150

6.08.020(G)

Female dog in season confined

Unaltered dog: $150

8.08.020(A)

Littering in any place other than in an appropriate refuse container

50

8.08.020(B)

Littering upon a public place

50

8.08.020(C)

Sweeping or depositing litter into a public place from private property

50

8.08.020(D)

Littering from vehicle

100

8.08.020(E)

Depositing any litter on private property

50

8.08.020(F)

Failure to maintain private property in a litter-free condition

50

8.08.020(G)

Posting any handbill without permit under HBC Title 18

50

8.08.020(H)

Littering in a body of water

50

8.08.020(I)

Depositing litter generated in a refuse container belonging to another

100

8.08.020(J)

Burning without a permit and police department notification or in violation of conditions

100

8.08.020(K)

Depositing offensive, noxious, or otherwise dangerous litter

100

8.08.040(A)(1)

Refuse container: strong, watertight, not easily corrodible, and rodent proof

100

8.08.040(A)(2)

Refuse container standards: fitted with a tight cover

100

8.08.040(A)(3)

Refuse container standards: kept tightly covered at all times

100

8.08.040(B)

Refuse containers: emptied and properly disposed of on a regular basis

100

8.12.020(A)

Burying a person outside an established cemetery

300

8.12.020(B)

Annoy, injure or endanger the public

300

8.12.020(C)

Offending public decency

300

8.12.020(D)

Interfere with a street, highway, lake or stream

100

8.12.020(E)

Making loud or unreasonable noise

100

8.12.020(F)

Operating device that causes preventable electric interference

100

8.12.020(G)

Allowing animal access to an unoccupied building

300

8.12.020(H)

Unsafe condition due to disrepair of building

300

8.12.020(I)

Reducing surrounding value of properties by maintaining building in state of disrepair

300

8.12.020(J)

Accumulation of stagnant water or discharge of wastewater

300

8.12.020(K)

Failure to take reasonable and precautionary measures to restrict access to hazards

300

8.12.020(L)

Causing emission of noxious fumes

300

8.12.020(M)

Exposure or distribution of materials offending the public decency

300

8.12.020(N)

Obstruction of traffic

300

8.12.020(O)

Public exposure of a person having a contagious disease

300

8.12.020(P)

Noxious cellar, pool, sewer, water closet, or private drain

300

8.12.030

Hazardous building or public nuisance

300

8.16.015

Use of fireworks prohibited

100

8.16.020

Sale prohibited of fireworks

300

8.16.025

Use of fireworks near port facilities prohibited

300

8.16.030

Conducting fireworks display without permission of chief of police

300

8.18.020(A)

Smoking in an enclosed public area

100

8.18.020(B)

Smoking in an enclosed public area

100

8.18.020(C)

Smoking inside an enclosed area within a place of employment

100

8.18.020(D)

Smoking inside an enclosed area within a private club licensed to sell alcoholic beverages

100

8.18.030

Smoking within unreasonable distance outside an enclosed area where smoking is prohibited

100

8.18.040(A)

Smoking within 50 feet of entrance to hospital or medical clinic

100

8.18.040(B)

Smoking within 20 feet of entrance to enclosed school area

100

8.18.040(C)

Smoking within 5 feet of licensed premises

100

8.18.040(D)

Smoking in an outdoor arena

100

8.18.070(A)

Failure to post signs prohibiting smoking

200

8.18.070(B)

Failure to remove ashtrays

200

8.18.070(C)

Failure to provide smoke-free workplace

200

8.18.070(D)

Failure to prevent smoking at a smoke-free establishment

200

8.18.080(B)

Smoking where prohibited

100

8.18.080(C)

Permitting smoking in public place where prohibited

200

8.20.020

Creating or permitting a bear attraction nuisance

100

9.04.010(A)

Open container of alcoholic beverages within vehicle

100

9.04.010(B)(1)

Consuming alcoholic beverage upon street or highway

100

9.04.010(B)(2)

Consuming alcoholic beverage in public

100

9.04.010(B)(3)

Consuming alcoholic beverage on school property

200

9.04.010(B)(4)

Consuming alcoholic beverage at school function

200

9.08.010

Curfew for minors

250

9.08.020

Parental responsibility for curfew violation

250

9.24.010(A)

Discharging pistol or firearm

300

9.24.010(C)

Hunting in prohibited area

300

9.24.020(A)

Obstructing highways and other public passages

100

9.24.020(B)(1)

Failure to obey order to move to prevent obstruction

100

9.24.020(B)(2)

Failure to obey order to move to maintain public safety

100

9.24.030

Disrupting meetings and processions

100

12.08.160(B)

Utility permit required

300

12.10.010

Construction work on driveway in a right-of-way without a permit

300

12.12.040

Failure to install street numbers in compliance with code

100

12.16.010

Street and sidewalk obstructions prohibited

50

12.16.030(A)

Use of streets for private purposes

50

12.30.030(A)(1)

Camping, except during special events approved by the borough manager

0

12.30.030(A)(2)

Camp fires outside of borough-maintained fire pits or rings

100

12.30.030(A)(3)

Cutting standing trees, either live or dead

100

12.50.020

Motorized vehicle use in Chilkat River beaches recreational zone

100

13.04.310(A)

Unlawful opening of fire hydrant

300

13.08.100(A)

Failure to connect to sewer system after notice

300

14.34.030(A)(1)

Cutting timber that is not already dead or downed

300

14.34.030(A)(2)

Cutting firewood for other than personal use

300

14.34.030(A)(3)

Using unlawful mechanical means to cut firewood

300

15.08.040

Following fire apparatus or otherwise interfering with fire control operations

100

15.08.060

Smoking where prohibited for safety reasons

100

15.12.020(B)

Failure to file required report by a person handling hazardous substances

300

15.12.020(D)

Failure to file required report by a person handling consumer commodities of hazardous material or chemical

300

15.12.070(A)

Failure to file required transshipment facility report

300

15.12.070(C)

Failure to display marking or warnings with respect to transshipment facility

100

15.12.070(D)(3)

Failure to notify fire department of time and quantity of a shipment of extremely hazardous substance

300

15.12.090(A)

Failure to obtain certificate of compliance

300

15.16.020

Crash post does not meet specifications

100

16.12.020

Obstruction of dock area by vehicle, cart, conveyance, or other transportation system

50

16.12.030

Vessel in excess of 65 feet using gridiron

50

16.16.135

Launching or recovering vessel without paying fee or obtaining annual ramp launch sticker

100

16.16.150

Unapproved vessel mooring in harbor

100

16.16.170

Noncompliant electrical connection

100

16.16.190

Mooring without payment

100

16.16.200(A)

Dead storage prohibited

100

16.16.210

Use of harbor crane without permit or paying fee

100

16.20.040

Snow must be removed from dock, float, or finger

50

16.28.005(D)

Wood fires not permitted in port and harbor facilities

100

16.28.005(E)

Unlawful electrical system or connection

100

16.28.010(A)

Operating vessel in excess of three mph within borough port and harbor facilities

50

16.28.010(B)

Operating vessel in a negligent manner

300

16.28.010(C)

Operating vessel in a negligent manner likely to endanger the safety of person or property

500

16.28.010(D)

Unlawful depositing of refuse or prohibited materials

100

16.28.010(E)

To fail to register with the harbormaster

100

16.28.010(F)

Leaving vessel or floating structure moored unattended while fire is burning

100

16.28.010(G)

Starting or allowing any fire on a float or dock

500

16.28.010(I)

Conducting unlawful business within the port and harbor facilities

100

16.28.010(J)

Living aboard a vessel moored in the harbor while prohibited or allowing animal to run at large

100

16.28.010(K)

Leaving cargo or other material on docks or other public place

50

16.28.010(L)

To fail to clean up after an animal

50

16.28.010(M)

Tapping, disconnecting, interfering with, or tampering with any water or electrical connection

100

16.28.010(N)

Interfering with any wharf or any other harbor facility

100

16.28.010(O)

Writing or posting printed matter upon any bulletin board without permission of the harbormaster

50

16.28.010(P)

Erecting or maintaining any advertising or other printed matter without approval from the harbormaster

50

16.28.010(Q)

To disregard or tamper with any notice relating to the use of mooring areas or other uses of port and harbor facilities

100

16.28.010(R)

To moor or connect to Letnikof Cove facility without paying fees

100

16.32.040(B)

Use of small boat harbor without paying required fees

100

16.32.045

Long-term parking outside designated area at Letnikof Cove Harbor

50

(Ord. 17-11-482 § 4; Ord. 16-09-443 § 4; Ord. 15-06-413 § 5)

1.24.060 Ordinances affecting minor offenses sent to borough attorney.

Immediately after the assembly enacts a code ordinance affecting, creating, or eliminating a minor offense, the borough clerk shall transmit the ordinance to the borough attorney. The borough attorney shall submit any necessary updates to the Alaska court system for inclusion in the Uniform Table of Minor Offenses. (Ord. 15-06-413 § 5)