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Title 1
GENERAL PROVISIONSChapters:
1.01 Code Adoption
1.04 General Provisions
1.08 Ordinances
1.12 General Penalty
1.16 Service Areas
1.20 Right of Entry for Administrative Searches
1.24 Emergency Communications Services
1.25 Public Records
1.35 Records Management
NOTE: S.C.C., as used herein, means the Sitka General Code. (Sitka City Code)
B.C.S., as used herein, means the Greater Sitka Borough General Code. (Borough Code, Sitka)
Footnotes are numbered throughout the text and are located at the end of this title.
Chapter 1.01
CODE ADOPTION1Sections:
1.01.010 Adoption.
1.01.020 Title—Citation—Reference.
1.01.030 Codification authority.
1.01.040 Ordinances passed prior to adoption of code.
1.01.050 Reference applies to amendments.
1.01.060 Title, chapter and section headings.
1.01.070 Reference to specific ordinances.
1.01.080 Effect of code on past actions and obligations.
1.01.090 Effective date.
1.01.100 Constitutionality.
1.01.010 Adoption.
As authorized by Section 29.48.180 of the Alaska Statutes, there is hereby adopted the “Sitka General Code.” (Ord. 74-120 § 2, 1974.)
1.01.020 Title—Citation—Reference.
This code shall be known as the “Sitka General Code” and it shall be sufficient to refer to said code as the “Sitka General Code” in any prosecution for the violation of any provision thereof or in any proceeding at law or equity. It shall be sufficient to designate any ordinance adding to, amending, correcting or repealing all or any part or portion thereof as an addition to, correction or repeal of the “Sitka General Code.” Further reference may be had to the titles, chapters, sections and subsections of the “Sitka General Code” and such references shall apply to that numbered title, chapter, section or subsection as it appears in the code. (Ord. 74-120 § 3, 1974.)
1.01.030 Codification authority.
This code consists of all the regulatory and penal ordinances and certain of the administrative ordinances of the city and borough of Sitka, Alaska, codified pursuant to the provisions of Section 29.48.180 of the Alaska Statutes. (Ord. 74-120 § 4, 1974.)
1.01.040 Ordinances passed prior to adoption of code.
The last ordinance included in this code was Ordinance No. 73-73. The following ordinances, passed subsequent to Ordinance No. 73-73, but prior to adoption of this code, are adopted and made a part of this code: 73-92, 73-94, 73-95, 73-99, 73-111, 73-112, 74-114 and 74-118. (Ord. 74-120 § 5, 1974.)
1.01.050 Reference applies to amendments.
Whenever a reference is made to this code as the “Sitka General Code,” or to any portion thereof, or to any ordinance of the city and borough of Sitka, Alaska, the reference shall apply to all amendments, corrections and additions heretofore, now, or hereafter made. (Ord. 74-120 § 6, 1974.)
1.01.060 Title, chapter and section headings.
Title, chapter and section headings contained herein shall not be deemed to govern, limit, modify or in any manner affect the scope, meaning or intent of the provisions of any title, chapter or section hereof. (Ord. 74-120 § 7, 1974.)
1.01.070 Reference to specific ordinances.
The provisions of this code shall not in any manner affect matters of record which refer to, or are otherwise connected with ordinances which are therein specifically designated by number or otherwise and which are included within the code, but such reference shall be construed to apply to the corresponding provisions contained within this code. (Ord. 74-120 § 8, 1974.)
1.01.080 Effect of code on past actions and obligations.
Neither the adoption of this code nor the repeal or amendments hereby of any ordinance or part or portion of any ordinance of the city and borough of Sitka shall in any manner affect the prosecution for violations or ordinances, which violations were committed prior to the effective date hereof, nor be construed as a waiver of any license, fee, or penalty at said effective date due and unpaid under such ordinances relating to the collection of any such license, fee, or penalty, or the penal provisions applicable to any violation thereof, nor to affect the validity of any bond or cash deposit in lieu thereof required to be posted, filed or deposited pursuant to any ordinance and all rights and obligations thereunder appertaining shall continue in full force and effect. (Ord. 74-120 § 9, 1974.)
1.01.090 Effective date.
This code shall become effective on April 10, 1974, the day after the date of the passage of the ordinance codified in this chapter. (Ord. 74-120 § 10, 1974.)
1.01.100 Constitutionality.
If any section, subsection, sentence, clause or phrase of this code is for any reason held to be invalid or unconstitutional, such decision 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 thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases had been or would be declared invalid or unconstitutional. If for any reason this code should be declared invalid or unconstitutional, then the original ordinance or ordinances shall be in full force and effect. (Ord. 74-120 § 11, 1974.)
Chapter 1.04
GENERAL PROVISIONSSections:
1.04.010 Definitions.
1.04.020 Grammatical interpretation.
1.04.030 Acts by agents.
1.04.040 Prohibited acts include causing, permitting, etc.
1.04.050 Other definitions.
1.04.060 Repeal shall not revive any ordinances.
1.04.080 Conflict of interest.
1.04.100 Forest policy.
1.04.010 Definitions.
The following words and phrases, whenever used in ordinances of the city and borough of Sitka, Alaska, or in any ordinance of any predecessor municipal government thereof, which ordinances have been or are adopted as ordinances of the city and borough of Sitka, Alaska, shall be construed as defined in this section unless from the context a different meaning is intended, or unless different meaning is specifically defined and more particularly directed to the use of such words and phrases:
A. “Administrator” means the municipal administrator;
B. “Assembly” means the assembly of the city and borough of Sitka;
C. “Assembly clerk” means the municipal clerk;
D. “Assessor” means the municipal assessor;
E. “Attorney” means the municipal attorney;
F. “Borough” means the city and borough of Sitka, or the area within the territorial limits of the city and borough, over which the city and borough has jurisdiction or control through any constitutional, Charter provisions, law, constitutional or statutory provision;
G. “Building official” means the municipal building official;
H. “Charter” means the Charter of the city and borough;
I. “City” means the city and borough of Sitka (see definition of “Borough”);
J. “City and borough” means the city and borough of Sitka;
K. “Clerk” means the municipal clerk;
L. “Clerk-treasurer,” whenever the reference is to duties involving money, means the municipal finance director;
M. “Clerk-treasurer,” whenever the reference is to duties not involving money, means the municipal clerk;
N. “Computation of time” means the time within which an act is to be done. It shall be computed by excluding the first day and including the last day; and if the last day is Sunday or a legal holiday, that day shall be excluded;
O. “Council” means the assembly of the city and borough. “All councilmen” means all assemblymen;
P. “Court” or “district court” means the municipal court for the city and borough;
Q. “Day” means a calendar day composed of twenty-four hours, beginning at twelve a.m. and ending at 11:59 p.m. on the same day, unless otherwise specified;
R. “Deputy presiding officer” means the deputy mayor;
S. “Engineer” means the municipal engineer;
T. “Finance director” means the municipal finance director;
U. “Health officer” means the municipal health officer;
V. “Include” or “including” shall be construed as though followed by the phrase “but not limited to”;
W. “Judge” or “magistrate” means the judge of the municipal court;
X. “Law” denotes applicable federal law, the Constitution and statutes of the state of Alaska, the Charter and ordinances of the city and borough, and when appropriate, any and all rules and regulations which may be promulgated thereunder;
Y. “May” is permissive;
Z. “Mayor” means the municipal mayor;
AA. “Month” means a calendar month;
BB. “Municipality” means the city and borough of Sitka (see definition of “Borough”);
CC. “Must” and “Shall.” Each is mandatory;
DD. “Oath” shall be construed to include an affirmation or declaration in all cases in which, by law, an affirmation may be substituted for an oath, and in such cases the words “swear” and “sworn” shall be equivalent to the words “affirm” and “affirmed”;
EE. “Occupant.” See “Tenant”;
FF. “Or” may be read “and” and “and” may be read “or” if the sense requires it;
GG. “Ordinance” means a law of the city and borough; provided, that a temporary or special law, administrative action, order or directive, may, as allowed by the Charter, be in the form of a resolution;
HH. “Owner,” applied to a building or land, includes any part owner, joint owner, tenant in common, joint tenant or tenant by the entirety, or agent in charge for any of the foregoing, of the whole or a part of such building or land;
II. “Peace officer” means any officer of the state police, members of the police force of any incorporated city or borough, United States Marshals and their deputies, and other officers whose duty it is to enforce and preserve the public peace;
JJ. “Person” means natural person, joint venture, joint stock company, partnership, association, club, company, corporation, business, trust, organization, or the manager, lessee, agent, servant, officer or employee of any of them;
KK. “Personal property” includes money, goods, chattels, things in action and evidences of debt;
LL. “Preceding” and “following” mean next before and next after, respectively;
MM. “Presiding officer” means the mayor;
NN. “Property” includes real and personal property;
OO. “Real property” includes lands, tenements and hereditaments;
PP. “Registered mail” includes certified mail. When the use of registered mail is authorized or required by the Sitka General Code, certified mail may be used unless expressly prohibited;
QQ. “Sidewalk” means that portion of a street between the curb line and the adjacent property line intended for the use of pedestrians;
RR. “Signature” or “subscription” includes mark when the person cannot write, with his name written near the mark by a witness who writes his own name near the person’s name, but a signature or subscription by mark can be acknowledged or can serve as a signature or subscription to a sworn statement only when two witnesses so sign their own names thereto;
SS. “Sitka” means the city and borough of Sitka (see definition of “Borough”);
TT. “State” means the state of Alaska;
UU. “Street” includes all streets, highways, avenues, lanes, alleys, courts, places, squares, curbs, parking areas, or other public ways which have been or may hereafter be dedicated and open to public use, or such other public property so designated in any law of the state of Alaska;
VV. “Superior Court” means the Superior Court of the state of Alaska at Sitka;
WW. “Tenant” and “occupant,” applied to a building or land, includes any person who occupies the whole or a part of such building or land, whether alone or with others;
XX. “Title of Office.” Use of the title of any officer, employee, board or commission means that officer, employee, department, board or commission of the city and borough;
YY. “Written” includes printed, typewritten, mimeographed or multigraphed;
ZZ. “Year” means a calendar year.
(Ord. 07-03 § 4, 2007: Ord. 06-07 § 4, 2006: Ord. 73-68 § 3, 1973; B.C.S. § 1.16.090.)
1.04.020 Grammatical interpretation.
The following grammatical rules shall apply in the ordinances of the city and borough:
A. Gender. Any gender includes the other genders;
B. Singular and Plural. The singular number includes the plural and the plural includes the singular;
C. Tenses. Words used in the present tense include the past and the future tenses and vice versa, unless manifestly inapplicable;
D. Use of Words and Phrases. Words and phrases not specifically defined shall be construed according to the context and approved usage of the language.
E. All words and phrases shall be construed and understood according to the common and approved usage of the language; but technical words and phrases and such others as may have acquired a peculiar and appropriate meaning in the law shall be construed and understood according to such peculiar and appropriate meaning. (Ord. 73-68 § 4, 1973.)
1.04.030 Acts by agents.
When an act is required by ordinance and the act may be done as well by an agent as by
the principal, such requirement shall be construed as to require and include all such acts performed by an authorized agent. (Ord. 73-68 § 5, 1973.)
1.04.040 Prohibited acts include causing, permitting, etc.
Whenever in the ordinances of the city and borough, any act or omission is made unlawful, it shall include causing, allowing, permitting, aiding, abetting, suffering, or concealing the fact of such act or omission. (Ord. 73-68 § 6, 1973.)
1.04.050 Other definitions.
Additional, but nonconflicting herewith, definitions may be as set forth in other ordinances of the city and borough. (Ord. 73-68 § 7, 1973.)
1.04.060 Repeal shall not revive any ordinances.
The repeal of an ordinance shall not repeal the repealing clause of such ordinance or revive any ordinance which has been repealed thereby. (Ord. 73-68 § 8, 1973.)
1.04.080 Conflict of interest.
A. No member of the assembly, elected or appointed official, municipal employee or official may participate in official action in which the assembly person, elected official, employee or official has a substantial financial interest.
B. If a member of the assembly or other municipal board or commission has a substantial interest in an official action, that member shall declare the substantial financial interest and ask to be excused from the vote on the matter.
C. Upon a request made under subsection B of this section, the following procedure shall be followed:
1. The presiding officer shall rule on the request by a member to be excused from the vote.
2. The assembly, board or commission may override the decision of the presiding officer on the request to be excused by a majority vote.
D. As used in this section, “substantial financial interest” means an expectation of receiving a non-trivial pecuniary or material benefit. A substantial financial interest of a person includes any substantial financial interest of that person’s immediate family. A person has a substantial financial interest in an organization in which that person has an ownership interest, or is a director, officer, or employee. A person has a substantial financial interest in a decision if a substantial financial interest of that person will vary with the outcome of the decision. A substantial financial interest does not include the following: a personal or financial interest which is not of the magnitude that would exert an influence on an average, reasonable person; a personal or financial interest of a type which is generally possessed by the public or a large class of persons to which that official or employee belongs; or an action or influence which would have an insignificant or conjectural effect on the matter in question.
E. As used in this section, “immediate family” of a person means anyone related to that person by blood, marriage, or adoption or who lives in that person’s household.
(Ord. 04-27 § 4, 2004: Ord. 86-684 § 4, 1986.)
1.04.100 Forest policy.
A. The policy of the city and borough is, in general, to not oppose the use of timber harvest and silvicultural systems on all public lands identified as appropriate by the U.S. Forest Service and to encourage the U.S. Forest Service to provide a reliable, continuous supply of timber sales in the Sitka area that will support timber industry jobs in Sitka.
B. It is further the policy of the city and borough to oppose all clearcut harvest which is not located so as to minimize negative impacts to critical fish and wildlife habitat, subsistence resources and scenic quality.
C. The municipal administrator and assembly shall advocate the policy’s objective to all appropriate agencies and state and federal officials.
(Ord. 96-1398 § 3 (part), 1996.)
Chapter 1.08
ORDINANCES2Sections:
1.08.010 Codes of technical regulations.
1.08.020 Ordinances included in code.
1.08.030 Revision.
1.08.050 Time ordinances take effect.
1.08.070 Retrospective ordinances.
1.08.010 Codes of technical regulations.
Upon introduction of an ordinance adopting any standard published code of technical regulations, the assembly promptly shall cause at least five copies to be made available for public inspection and shall cause to be published, by means indicated in Charter Section 3.2, and together with the notice of hearing, a notice setting out the purpose of the ordinance and the time and place at which it is available for public inspection. No other publication is necessary before adoption, unless after the hearing the ordinance is amended as to its substance. If it is so amended, and also in the event of any later amendment before adoption, the amended sections shall be made available for inspection and notice published as earlier provided, and the ordinance as amended shall be subjected to hearing and to all other procedures as though newly introduced. Neither the ordinance nor any of its amendments need be distributed to the public or read in full at the hearings thereon. Publication after adoption shall be by notice declaring such adoption as published. The adopted code shall be sold to the public in such form and at such reasonable price as the assembly may direct. (B.C.S. § 1.16.030 (part).)
1.08.020 Ordinances included in code.
The assembly, with the advice and assistance of a legal advisor, shall cause each ordinance and resolution having the force and effect of law to be printed as promptly as possible following its adoption in the following manner:
A. Ordinances enacted by the assembly of the city and borough general and permanent in nature shall be inserted in the Sitka General Code when properly prepared and authenticated by the municipal clerk and shall, when so inserted, be prima facie law;
B. Emergency, bond and appropriation ordinances and resolutions shall not be included in the Sitka General Code but shall be retained in the form enacted.
(B.C.S. § 1.16.040.)
1.08.030 Revision.
A. The administrator, with the advice and assistance of a legal advisor, shall cause the Sitka General Code to be revised and published at least every five years.
B. The assembly, with the advice and assistance of a legal advisor, shall cause to be edited the ordinances for consolidation in the Sitka General Code without changing the meaning of any 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 calendar date for “effective date of this ordinance,” “date of passage of this ordinance” and other phrases of similar import;
5. Substitute the proper designation for the terms “the preceding section,” “this ordinance” and like terms;
6. Strike out figures if they are merely a repetition of written words or vice versa, or substitute figures for written words or vice versa for the purpose of uniformity;
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 the Sitka General Code;
10. Change all sections, when possible, to read in the present tense, indicative mood, active voice, third person, and singular number or any other necessary grammatical change in the manner generally followed in the Sitka General Code;
11. Delete or change sections or parts of sections if a deletion or change is necessary because of other amendments to the Sitka General Code which did not specifically amend or repeal them;
12. Omit all temporary, emergency and bond ordinances, 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 this ordinance.
(B.C.S. § 1.16.050.)
1.08.050 Time ordinances take effect.
A. An ordinance which by its terms is to take effect on a specified day, unless otherwise provided in the ordinance, takes effect at twelve noon on the day specified.
B. An ordinance which by its terms is to take effect from and after a specified day takes effect at midnight of the day specified.
(B.C.S. § 1.16.100.)
1.08.070 Retrospective ordinances.
No ordinance is retrospective unless expressly declared therein. (B.C.S. § 1.16.120.)
Chapter 1.12
GENERAL PENALTY3Sections:
1.12.010 Violation—Penalty.
1.12.020 Failure to pay fine.
1.12.010 Violations—Penalty.
A. Any person violating any of the provisions or failing to comply with any of the mandatory requirements of the ordinances of the city and borough is guilty of a violation.
B. Unless another penalty is specifically provided in such ordinances for any such violation or failure to comply, the offense shall be punishable by a fine of not more than five hundred dollars.
C. Each and every day during any portion of which a violation or failure to comply is committed, permitted, or continued shall be a separate offense and shall be punished accordingly if the offender is so charged.
(Ord. 98-1510 § 4, 1998; Ord. 83-573 § 3, 1983; Ord. 76-225 § 3, 1976: Ord. 73-62 § 3 (part), 1973.)
1.12.020 Failure to pay fine.
Contumacious failure or refusal to pay a fine is a misdemeanor punishable by a fine of not more than three hundred dollars or by imprisonment for not more than thirty days, or by both (Ord. 73-62 § 3 (part), 1973.)
Chapter 1.16
SERVICE AREAS4Sections:
1.16.010 Management.
1.16.010 Management.
Service area shall be operated and managed by the municipal administrator and the assembly in the same manner as other municipal functions. (Ord. 74-127 § 4(B), 1974: Ord. 73-70 § 6, 1973.)
Chapter 1.20
RIGHT OF ENTRY FOR ADMINISTRATIVE SEARCHESSections:
1.20.010 Written notice to owner required.
1.20.010 Written notice to owner required.
Whenever necessary to make an inspection to enforce any provisions of the Sitka General Code, or whenever there is reasonable cause to believe that there exists a violation of the Sitka General Code in any building or upon any premises within the jurisdiction of the city and borough, any authorized official of the municipality may, upon receiving permission from the property owner or occupant, and upon presentation of proper credentials, enter such building or premises at all reasonable times to inspect the same or to perform any duty imposed upon him by the Sitka General Code; provided, that except in emergency situations he shall first give the owner and/or occupant, if they can be located after reasonable effort, seventy-two hours’ written notice of the authorized official’s intention to inspect. In the event the owner and/or occupant refuses entry, the official is empowered to seek assistance from any court of competent jurisdiction in obtaining such entry. (B.C.S. § 1.24.010.)
Chapter 1.24
EMERGENCY COMMUNICATIONS SERVICESSections:
1.24.010 Enhanced 911 emergency reporting system.
1.24.020 Definitions.
1.24.030 Enhanced emergency reporting systems.
1.24.040 Enhanced 911 surcharge.
1.24.010 Enhanced 911 emergency reporting system.
Pursuant to AS 29.35.131 through 29.35.137, local exchange telephone companies providing service within the municipality and wireless telephone companies providing wireless telephone service within the municipality shall cooperate in the establishment of an enhanced 911 emergency reporting system. (Ord. 03-1723 § 4 (part), 2003: Ord. 99-1541 § 4 (part), 1999.)
1.24.020 Definitions.
A. “911 service area” or “enhanced 911 service area” means the area within the municipality served by roads, wire-carried telephone service, or wireless telephone service.
B. “Enhanced 911 equipment” means any equipment dedicated to the operation of, or use in, the establishment, operation or maintenance of an enhanced 911 system, including customer premises equipment, automatic number identification or automatic location identification controllers and display units, printers, cathode ray tubes, recorders, software and other essential communication equipment.
C. “Enhanced 911 system” or “system” means a telephone system consisting of network, database and enhanced 911 equipment that uses the single three-digit number, 911, for reporting medical, fire, police or other emergency situations, and which enables users of a public telephone system to reach a public safety answering point with the capability of providing the receivers of such communications automatically the location and telephone number from which the call originates and includes the personnel required to acquire, install, operate and maintain the system.
D. “Local exchange line” means a telephone line which connects a local exchange service customer to the local exchange telephone company switching office and has the capability of reaching local public safety agencies.
E. “Local exchange service” means the transmission of two-way interactive switched-voice communications furnished by a local exchange telephone company within the city and borough of Sitka, including access to enhanced 911 systems.
F. “Local exchange telephone company” means a telephone utility certified by the Alaska Public Utilities Commission to provide local exchange service in the city and borough of Sitka.
G. “Municipality” means the city and borough of Sitka.
H. “Public safety answering point” means a twenty-four-hour local communications facility that receives 911 service calls and directly dispatches emergency response services or that relays calls to the appropriate public or private safety agency.
I. “Wireless telephone” means a telephone that is not a wireline telephone and includes cellular and mobile telephones; each wireless telephone number is considered to be a separate wireless telephone.
J. “Wireless telephone company” means a telephone utility that provides telephone service for wireless telephone customers who receive monthly or periodic bills sent to an address within a designated enhanced 911 service area.
K. “Wireline telephone” means a telephone that uses a local exchange access line.
(Ord. 03-1723 § 4 (part), 2003: Ord. 99-1541 § 4 (part), 1999.)
1.24.030 Enhanced emergency reporting systems.
The municipality may purchase, lease or contract for any enhanced 911 equipment or services required to establish and maintain an enhanced 911 system at public safety answering points from a local exchange telephone company or other qualified vendor of an enhanced 911 system. (Ord. 03-1723 § 4 (part), 2003: Ord. 99-1541 § 4 (part), 1999.)
1.24.040 Enhanced 911 surcharge.
A. A surcharge in the amount of one dollar and forty-eight cents per month is imposed on all local exchange access lines in the municipality to fund the enhanced 911 system. A surcharge in the amount of one dollar and forty-eight cents per month is imposed on each wireless telephone number that is billed to an address within the municipality. These surcharges shall be reviewed annually by the assembly to determine whether the level of surcharge is adequate, excessive or insufficient to fund the anticipated enhanced 911 system needs.
B. A local exchange customer may not be subject to more than one 911 surcharge per local exchange access line. A wireless telephone customer may not be subject to more than one enhanced 911 surcharge for each wireless telephone number.
C. The local exchange telephone company shall include the 911 surcharge, stated separately, and included in the total amount owed, in the bills delivered to its customers. A local exchange service customer is liable for payment of the 911 surcharge until the amounts have been paid to the telephone company. A wireless telephone company that provides telephone service to wireless telephone customers with billing addresses within the enhanced 911 service area shall impose an enhanced 911 surcharge each month and collect the surcharge from customers in the enhanced 911 service area.
D. The local exchange telephone company or wireless telephone company shall remit the surcharge amounts collected to the municipality no later than sixty days after the end of the month in which the amount was collected. From each remittance made in a timely manner, under this subsection, the local exchange telephone company or wireless telephone company is entitled to deduct and retain the greater of one percent of the amount collected or one hundred fifty dollars as the cost of administration for collecting the 911 surcharge. In addition, a wireless telephone company is entitled to full recovery of the recurring and nonrecurring costs associated with implementation and operation of Phase I E911 service as allowed under Federal Communications Commission proceedings entitled “Revision of the Commission’s Rules to Ensure Compatibility with Enhanced 9-1-1 Emergency Calling Systems” (CC Docket No. 94-102; RM-8143).
E. A local exchange telephone company or wireless telephone company is not obligated to take legal action to enforce collection of the 911 surcharge. However, if a telephone company is attempting to collect an unpaid debt from a customer, the telephone company shall also attempt to collect any unpaid 911 surcharge the customer owes. If a customer pays a portion of a bill which includes a 911 surcharge, the amount paid shall be prorated between the telephone company and the 911 surcharge. The company shall annually provide the municipality with a list of the amounts due for the nonpayment of 911 emergency surcharges, together with the names and addresses of those customers who carry a balance for the nonpayment of the 911 emergency surcharges. The telephone company is not liable for uncollected amounts.
F. The municipality may, at its own expense, conduct an annual audit of a local exchange telephone company’s or wireless telephone company’s books and records concerning collection and remittance of the 911 surcharge.
G. Amounts received by the municipality for the 911 surcharge shall be deposited into a separate fund which shall be used only for the enhanced 911 system.
(Ord. 06-03 § 4, 2006; Ord. 03-1723 § 4 (part), 2003: Ord. 99-1541 § 4 (part), 1999.)
Chapter 1.25
PUBLIC RECORDSSections:
1.25.010 Public records open to inspection and copying—Fees.
1.25.020 Disposition of tax information.
1.25.030 Electronic services and products.
1.25.040 Public records exceptions— Certified copies.
1.25.042 Personnel records confidential—Exceptions.
1.25.050 Copies of public records for veterans.
1.25.060 Litigation disclosure.
1.25.070 Supervision and regulation.
1.25.080 Appeals.
1.25.090 Enforcement—Injunctive relief.
1.25.100 Confidentiality of library records.
1.25.110 Definitions.
1.25.010 Public records open to inspection and copying—Fees.
A. Unless specifically provided otherwise, the public records of the city and borough of Sitka are open to inspection by the public under reasonable rules during regular office hours. The employee having the custody of public records shall give, on request and payment of the fee established under this section or Section 1.25.030, a certified copy of the public record. The employee having custody of the public records shall give notice of response to the applicant within ten business days of the request.
B. Except as otherwise provided in this section, the fee for copying public records may not exceed the standard unit cost of duplication established by the city and borough of Sitka.
C. If the production of records for one requester in a calendar month exceeds five person-hours, the department shall require the requester to pay the personnel costs required during the month to complete the search and copying tasks. The personnel costs may not exceed the actual salary and benefit costs for the personnel time required to perform the search and copying tasks. The requester shall pay the fee before the records are disclosed, and the department may require payment in advance of the search.
D. The municipality may reduce or waive a fee when the municipality determines that the reduction or waiver is in the public interest. Fee reductions and waivers shall be uniformly applied among persons who are similarly situated. The municipality may waive a fee of five dollars or less if the fee is less than the cost would be to the municipality to arrange for payment.
E. Electronic information that is provided in printed form shall be made available without codes or symbols, unless accompanied by an explanation of the codes or symbols.
(Ord. 00-1561 § 4 (part), 2000.)
1.25.020 Disposition of tax information.
A. Information in the possession of the finance department that discloses the particulars of the business or affairs of a taxpayer or other person is not a matter of public record, except as provided in AS 43.05.230(i) or for purposes of investigation and law enforcement. The information shall be kept confidential except when its production is required in an official investigation, administrative adjudication under Title 4, or court proceeding. These restrictions do not prohibit the publication of statistics presented in a manner that prevents the identification of particular reports and items, prohibit the publication of tax lists showing the names of taxpayers who are delinquent and relevant information that may assist in the collection of delinquent taxes, or prohibit the publication of records, proceedings, and decisions under Title 4.
B. If a copy of a record of tax information is requested under subsection A of this section for the purposes of child support administration, the copy may be released only to the child support enforcement agency created in AS 25.27.010 or a child support enforcement agency of another state. The finance department shall provide the requesting agency with a copy of the record. The requesting agency receiving information under this subsection may use it only for child support purposes authorized under law.
(Ord. 00-1561 § 4 (part), 2000.)
1.25.030 Electronic services and products.
A. Notwithstanding Section 1.25.100(B)– (D) to the contrary, upon request and payment of a fee established under subsection B of this section, a department may provide electronic services and products involving public records to members of the public. A department is encouraged to make information available in usable electronic formats to the greatest extent feasible. The activities authorized under this section may not take priority over the primary responsibilities of a department.
B. The fee for electronic services and products must be based on recovery of the actual incremental costs of providing the electronic services and products, and a reasonable portion of the costs associated with building and maintaining the information system of the public agency. The fee may be reduced or waived by the department if the electronic services and products are to be used for a public purpose, including department program support, nonprofit activities, journalism and academic research. Fee reductions and waivers shall be uniformly applied among persons who are similarly situated.
C. Notwithstanding subsection B of this section, the fee for duplicating a public record in the electronic form kept by a department may not exceed the actual incremental costs of the department.
D. Departments shall include in a contract for electronic services and products provisions that:
1. Protect the security and integrity of the information system of the municipality and of information systems that are shared by departments; and
2. Limit the liability of the municipality providing the services and products.
E. The municipality shall notify the state library distribution and data access center established under AS 14.56.090 of the electronic services and products offered by the municipality to the public under this section. The notification must include a summary of the available format options and the fees charged.
F. When offering on-line access to an electronic file or database, a department also shall provide without charge on-line access to the electronic file or database through one or more public terminals.
G. The municipality shall establish the fees for the electronic services and products provided under this section.
H. The municipality may not make electronic services and products available to one member of the public and withhold them from other members of the public.
(Ord. 00-1561 § 4 (part), 2000.)
1.25.040 Public records exceptions—Certified copies.
A. Every person has a right to inspect a public record except:
1. Records pertaining to juveniles unless disclosure is authorized by law;
2. Medical and related public health records;
3. Records required to be kept confidential by a federal law or regulation or by state law;
4. To the extent the records are required to be kept confidential under 20 USC 1232g and the regulations adopted under 20 USC 1232g in order to secure or retain federal assistance;
5. Records or information compiled for law enforcement purposes, but only to the extent that the production of the law enforcement records or information:
a. Could reasonably be expected to interfere with enforcement proceedings;
b. Would deprive a person of a right to a fair trial or an impartial adjudication;
c. Could reasonably be expected to constitute an unwarranted invasion of the personal privacy of a suspect, defendant, victim or witness;
d. Could reasonably be expected to disclose the identity of a confidential source;
e. Would disclose confidential techniques and procedures for law enforcement investigations or prosecutions;
f. Would disclose guidelines for law enforcement investigations or prosecutions if the disclosure could reasonably be expected to risk circumvention of the law; or
g. Could reasonably be expected to endanger the life or physical safety of an individual;
h. Public records containing information that would disclose or might lead to the disclosure of a component in the process used to execute or adopt an electronic signature if the disclosure would or might cause the electronic signature to cease being under the sole control of the person using it;
6. Material made confidential by Section 1.25.042.
B. Every public officer having the custody of records not included in the exceptions shall permit the inspection, and give on demand and on payment of the fees under Sections 1.25.010 through 1.25.030 a certified copy of the record, and the copy shall in all cases be evidence of the original.
(Ord. 02-1671 § 4(A), 2002: Ord. 00-1561 § 4 (part), 2000.)
1.25.042 Personnel records confidential—Exceptions.
A. Municipal personnel records, including employment applications and examination and other assessment materials, are confidential and are not open to public inspection except as provided in this section. This subsection does not apply to the records of the administrator or the attorney.
B. The following information is available for public inspection, subject to reasonable regulations on the time and manner of inspection:
1. The names and position titles of all municipal employees;
2. The position held by a municipal employee;
3. Prior positions held by a municipal employee;
4. Whether a municipal employee is in a partially exempt or exempt service;
5. The dates of appointment and separation of a municipal employee;
6. The compensation authorized for or received by a municipal employee; and
7. Time sheets submitted by a municipal employee.
C. A municipal employee has the right to examine the employee’s own personnel files and may authorize others to examine those files.
D. In addition to any access to municipal personnel records authorized under subsection B of this section, municipal personnel records shall promptly be made available to the child support enforcement agency created in AS 25.27.010 or the child support enforcement agency of another state. If the record is prepared or maintained in an electronic database, it may be supplied by providing the requesting agency with access to the database or a copy of the information in the database and a statement certifying its contents. The agency receiving information under this subsection may use the information only for child support purposes authorized under law.
E. Nothing in this section shall be deemed to prohibit disclosure pursuant to a valid court order.
(Ord. 02-1671 § 4 (B), 2002.)
1.25.050 Copies of public records for veterans.
When a copy of a public record is required by the Department of Military and Veterans’ Affairs, the Department of Commerce and Economic Development, or by the United States Veterans’ Administration to be used in determining the eligibility of a person to participate in benefits, the official custodian of the pubic record shall, without charge, provide the applicant for the benefits, a person acting on behalf of the applicant, or an authorized representative of the department or the United States Veterans’ Administration with a certified copy of the record. (Ord. 00-1561 § 4 (part), 2000.)
1.25.060 Litigation disclosure.
A public record that is subject to disclosure and copying under Sections 1.25.010 through 1.25.040 remains a public record subject to disclosure and copying even if the record is used for, included in, or relevant to litigation, including law enforcement proceedings, involving the municipality, except that with respect to a person involved in litigation, the records sought shall be disclosed in accordance with the rules of procedure applicable in a court or an administrative adjudication. In this section, “involved in litigation” means a party to litigation or representing a party to litigation, including obtaining public records for the party. (Ord. 00-1561 § 4 (part), 2000.)
1.25.070 Supervision and regulation.
A. The municipal finance department shall supervise and adopt regulations for the operation and implementation of Sections 1.25.010 through 1.25.040, subject to the approval of the municipal attorney.
B. The regulations and procedures adopted under this section must include the establishment of procedures for making an administrative appeal of municipal actions taken under Sections 1.25.010 through 1.25.040 (Action includes the calculation of a fee, the denial of a fee reduction or waiver, and the denial of a request to inspect or copy a public record.
(Ord. 00-1561 § 4 (part), 2000.)
1.25.080 Appeals.
A. A person may appeal the final administrative order made by a municipal department under Sections 1.25.010 through 1.25.100 to the Assembly.
B. A person may appeal the final administrative order made by the assembly under Sections 1.25.010 through 1.25.100 to the Supreme Court.
(Ord. 00-1561 § 4 (part), 2000.)
1.25.090 Enforcement—Injunctive relief.
A person having custody or control of a public record who denies, obstructs, or attempts to obstruct, or a person not having custody or control who aids or abets another person in denying, obstructing, or attempting to obstruct, the inspection of a public record subject to inspection under Section 1.25.010 or 1.25.040 may be enjoined by the superior court from denying, obstructing, or attempting to obstruct, the inspection of public records subject to inspection under Section 1.25.010 or 1.25.040. A person may seek injunctive relief under this section without exhausting the person’s remedies under Sections 1.25.070 through 1.25.080. (Ord. 00-1561 § 4 (part), 2000.)
1.25.100 Confidentiality of library records.
A. Except as provided in subsection B of this section, the names, addresses, or other personal identifying information of people who have used materials made available to the public by a library shall be kept confidential, except upon court order, and are not subject to inspection under Section 1.25.010 or 1.25.040. This section applies to libraries operated by the state, a municipality, or a public school, including the University of Alaska.
B. Records of a public elementary or secondary school library identifying a minor child shall be made available on request to a parent or guardian of that child.
(Ord. 00-1561 § 4 (part), 2000.)
1.25.110 Definitions.
In Sections 1.25.010 through 1.25.110, unless the context otherwise requires:
“Electronic services and products” means computer-related services and products provided by the municipality, including:
1. Electronic manipulation of the data contained in public records in order to tailor the data to the person’s request or to develop a product that meets the person’s request;
2. Duplicating public records in alternative formats not used by a public agency, providing periodic updates of an electronic file or database from a geographic information system;
3. Providing on-line access to an electronic file or database;
4. Providing information that cannot be retrieved or generated by the existing computer programs of the public agency;
5. Providing functional electronic access to the information system of the public agency; in this subparagraph, “functional access” includes the capability of alphanumeric query and printing, graphic query and plotting, nongraphic data input and analysis, and graphic data input and analysis;
6. Providing software developed by a public agency or developed by a private contractor for a public agency;
7. Generating maps or other standard or customized products from an electronic geographic information system;
“Public records” means books, papers, files, accounts, writings, including drafts and memorializations of conversations, and other items, regardless of format or physical characteristics, that are developed or received by the municipality or by a private contractor for a municipality, and that are preserved for their informational value or as evidence of the organization or operation of the municipality; “public records” does not include proprietary software programs.
(Ord. 00-1561 § 4 (part), 2000.)
Chapter 1.35
RECORDS MANAGEMENTSections:
1.35.010 Records management program.
1.35.015 Records manager.
1.35.020 Records archivist.
1.35.025 Records coordinators.
1.35.030 Records review committee.
1.35.035 Records retention schedule.
1.35.040 Records management system rules and procedures.
1.35.010 Records management program.
Records management program standards will be established for the maintenance and security of city and borough of Sitka records. The records management program shall provide for the orderly and efficient management, retention, preservation and disposal of records. This program will establish standards for the preparation of the records retention schedule which provides for the retention of municipal records of permanent value and for the prompt and orderly disposition of municipal records no longer possessing administrative, legal or historic value to warrant their retention.
An integral part of records management shall be the designation of prompt storage and archival of various records, including the research and recommendation of electronic document storage. The records manager and records archivist will work in conjunction with the information systems department which is in charge of the city and borough of Sitka’s computer systems.
The municipal clerk will develop the rules and procedures for the municipal records management program.
The records management program will annually review the fee schedule for duplicating public records and for providing electronic services, products, and employee labor when the request requires more than one hour. (Ord. 07-20 § 4 (part), 2007: Ord. 02-1660 § 4 (part), 2002.)
1.35.015 Records manager.
The municipal clerk is the records manager and is custodian of the official records relating to the assembly and administration of the city and borough of Sitka. (Ord. 07-20 § 4 (part), 2007: Ord. 02-1660 § 4 (part), 2002. Formerly 1.35.020.)
1.35.020 Records archivist.
The records archivist works directly under the direction of the municipal clerk to ensure that the records management program is being implemented according to AS 40.21 and this chapter. (Ord. 07-20 § 4 (part), 2007.)
1.35.025 Records coordinators.
The head of each department shall designate one person to be its records manager, who will be the custodian of that department’s records. The head of each department will notify the records manager of that appointment. (Ord. 07-20 § 4 (part), 2007: Ord. 02-1660 § 4 (part), 2002.)
1.35.030 Records review committee.
There shall be a records review committee to work with the municipal clerk and records archivist on the records management program. Members of that committee will be the finance director, information services director, and municipal clerk; outcomes and decisions will be approved by the municipal attorney. (Ord. 07-20 § 4 (part), 2007: Ord. 02-1660 § 4 (part), 2002.)
1.35.035 Records retention schedule.
The city and borough of Sitka adopts the attached records retention schedule specific to the city and borough of Sitka’s records, noting that this is considered a “living” document. As new record series are added or no longer in circulation, the schedule will be revised noting the latest date of revision. (Ord. 07-20 § 4 (part), 2007: Ord. 02-1660 § 4 (part), 2002.)
1.35.040 Records management system rules and procedures.
A. General.
1. Each department will designate one person to the records manager to act as a records coordinator. He or she will be custodian of that department’s records, and will offer input as to the management of its department’s records.
2. Each department will have written standards for orderly, efficient records maintenance and security. This shall include the use of space, equipment and supplies.
3. Each department shall complete the necessary records management forms to assist in determining records that will be kept in the department or transferred to the records center for permanent storage or destruction.
4. The Sitka police department will follow the city’s record retention schedule in the absence of a state schedule. The records coordinator for the police department is responsible to follow and implement the policies and procedures as described in the records information handbook.
B. Records Retention Schedule.
1. The city and borough of Sitka adopts the attached records retention schedule specific to the city and borough of Sitka’s records; noting that this is considered a “living” document and as new records are added or no longer in circulation, the schedule will be revised noting the latest date of revision. (July 2007)
2. The municipal clerk, as records manager, and records archivist, shall work with the records review committee and departmental records coordinators to address records not contained in the adopted retention schedule.
3. The municipal clerk will establish new rules for records retention in consultation with department personnel.
4. The municipal clerk will provide each department with a copy of the city and borough of Sitka’s retention schedule (available online) each time it is revised, at least quarterly.
5. The retention schedule states the duration for which the departments will retain each record type typically held by them. Should the schedule fail to address certain records, the department coordinator shall advise the municipal clerk who will meet with the records review committee to determine those records’ retention periods. These records will be incorporated as needed. Prior to destruction of any records a “certificate of records destruction” form must be completed and executed.
C. Access and Requests for Records.
1. The locations of city and borough of Sitka records storage will be designated by the records review committee in collaboration with department personnel to ensure coordination between departments and the records center.
2. The public records of the city and borough of Sitka are open to inspection by the public under reasonable rules during regular office hours. Disclosing public records and making copies of them upon payment of the required fees, if any, is a public agency obligation.
3. For other than routine copying, each department shall maintain a copy of each public request for records form and route the original to the records center. The public records request form shall contain the date of request, name of requestor and, if longer than one working day is required to fill the request, the date requestor is provided the material. A log of all requests will be maintained at the records center by the records archivist. The log of public requests becomes disposable in three years.
4. As soon as practical, but not later than the tenth working day after the date the municipal entity receives a request for public records, the requested entity shall furnish all disclosable records or advise the requestor the reason records are not disclosable, citing the specific legal authority and facts. Under extenuating circumstances, with adequate notice provided the requestor, the ten-day time period may be extended. Reasons for extensions: need to search and collect records from multiple offices; voluminous amount of records requested needs to be copied.
5. If a record contains both disclosable and nondisclosable material, the latter will be withheld. The nondisclosable portions will be redacted and the disclosable remainder copied for the requestor.
6. Municipal employees are not to manipulate data to create new records in response to a request for public records. However, if you can electronically sort an existing database for the requested subset of data and print just that, do so.
7. Municipal employees are not to compile or summarize public records in response to a request for public records.
8. Access to confidential information is protected as provided by law.
9. If a department is unable to locate a requested record, the search will continue until the record is located or until it appears that the record does not exist or is not in the municipality’s possession. The requestor shall be notified of the search result(s).
D. Exemptions for Particular Records.
1. This section shall not be construed to require disclosure of the following records or information:
a. Personnel, payroll or medical files which reveal the financial or medical status of any specific individual, the release of which would constitute an unwarranted invasion of privacy;
b. Records of vital statistics and adoption proceedings;
c. Records pertaining to juveniles;
d. Medical and related public health records;
e. Records required to be kept confidential by federal or state law;
f. Trade secrets;
g. Patented and/or copyrighted material;
h. Organized, coordinated, collated, modified, created, interpreted or compiled information. Nothing in this chapter requires an agency or department to organize, coordinate, collate, modify, create, interpret or compile records requested. Only a literal or verbatim record need be provided;
i. Police investigation compiled by any agency as a part of an investigation of criminal activity, except that such records may be released to other governmental agencies if necessary for the proper administration of justice. Police information practices in regard to criminal justice information shall be governed by the provisions of AS 12.62.180 et seq.;
j. Records of engineering, marketing, accounting or other technical financial data, which, if released, would provide a competitive advantage to other persons or businesses engaged in similar or related activities;
k. Proprietary information which a manufacturer, consultant or provider reasonably expects to be kept privileged or confidential to protect the property interests of persons providing the information or data;
l. City personnel records, including employment application and examination materials;
m. Communications between any agency and the municipal attorney or the city’s outside legal counsel, which contain legal questions concerning potential, pending or actual litigation. This subsection does not protect from disclosure documents which were public records prior to the commencement of the litigation, and public records which are otherwise subject to disclosure may not be protected from disclosure by mere submission to the municipal attorney or the city’s outside legal counsel. Any documents marked “Confidential” which are submitted to the municipality from the municipal attorney’s or the city’s outside legal counsel’s office shall only be produced if the municipal attorney so authorizes.
E. Appeal of Denial of Request. In the event an individual requests information and is refused, the individual shall be notified in writing within five working days of his or her right to appeal that decision to the municipal administrator. If not satisfied with the ruling of the municipal administrator, the individual shall be notified within five working days of that decision of his/her right to appeal to the assembly at its next regularly scheduled meeting. An individual not satisfied with the action taken by the assembly shall have the right to appeal to supreme court as long as that appeal is filed no later than thirty days after the action of the assembly.
F. Fee Schedule.
1. Municipal employees shall duplicate and provide copies of a public record upon request and upon payment of applicable fees.
2. There shall be no fee for materials of current routine public distribution (including current assembly minutes or agenda, pamphlets, copies of speeches, press releases, applications, etc.).
3. The municipal clerk shall give, on request and payment of costs, a certified copy of any public record required to be disclosed under this code. A fee is charged for certified copies in accordance with the following schedule.
4. There shall be one fee schedule established for all municipal departments. The fees do not exceed actual costs for machine usage, materials, and employee salary for a person completing the request. The basic city and borough fee schedule is outlined as follows:
Materials
$0.25 per page
$10.00 per copied audio cassette tape
$25.00 per copied video cassette tape
$10.00 per copied CD
$25.00 per copied DVD
$5.00 copies of plats
$20.00 mylar copies of plats
$1.25 (1st page), $0.25 (ea. additional page) certified copies
Labor
The associated salary of employee(s) filling a request, when retrieval and duplication of the documents requested generates labor in excess of one hour.
Reduction/Waiver
The municipal clerk may reduce or waive a fee when it determines that the reduction or waiver is in the public interest. Fee reductions and waivers shall be uniformly applied among persons who are similarly situated. Any city and borough employee may waive a fee of five dollars or less.
(Ord. 07-20 § 4 (part), 2007: Ord. 02-1660 § 4 (part), 2002.)
TITLE 1 FOOTNOTES
1. For statutory provisions requiring cities to codify all ordinances and resolutions, see A.S. 29.25.050. For the Charter provisions requiring Sitka to codify their ordinances within two years of the effective date of the Charter, see § 3.06(b).
2. For the Charter provisions concerning legislation, see Art. III.
3. For the Charter provisions authorizing Sitka to provide for fine or other penalty for violation of city ordinances or Charter provisions, see § 3.01(2), 18.16.
4. For Charter provisions regarding service areas, see §§ 14.01–14.04; for the Charter provisions establishing area of the city and borough of Sitka as a service area and providing that service areas in existence at the time of enactment of the Charter shall continue, see § 18.13.
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