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 |
|
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 |
|
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 |
|
Solicitation on private property without invitation prohibited |
300 |
|
|
5.08.030(A) |
Permit required for transient/itinerant merchants/vendors |
300 |
|
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 |
|
Closing hours for licensed alcoholic beverage premises between 5:00 a.m. and 8:00 a.m. |
500 |
|
|
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 |
|
Commercial tour permit required |
500 |
|
|
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 |
|
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 |
|
Hazardous building or public nuisance |
300 |
|
|
Use of fireworks prohibited |
100 |
|
|
Sale prohibited of fireworks |
300 |
|
|
Use of fireworks near port facilities prohibited |
300 |
|
|
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 |
|
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 |
|
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 |
|
Curfew for minors |
250 |
|
|
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 |
|
Disrupting meetings and processions |
100 |
|
|
12.08.160(B) |
Utility permit required |
300 |
|
Construction work on driveway in a right-of-way without a permit |
300 |
|
|
Failure to install street numbers in compliance with code |
100 |
|
|
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 |
|
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 |
|
Following fire apparatus or otherwise interfering with fire control operations |
100 |
|
|
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 |
|
Crash post does not meet specifications |
100 |
|
|
Obstruction of dock area by vehicle, cart, conveyance, or other transportation system |
50 |
|
|
Vessel in excess of 65 feet using gridiron |
50 |
|
|
Launching or recovering vessel without paying fee or obtaining annual ramp launch sticker |
100 |
|
|
Unapproved vessel mooring in harbor |
100 |
|
|
Noncompliant electrical connection |
100 |
|
|
Mooring without payment |
100 |
|
|
16.16.200(A) |
Dead storage prohibited |
100 |
|
Use of harbor crane without permit or paying fee |
100 |
|
|
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 |
|
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)