Title 9
HEALTH AND SANITATION

Chapters:

9.08 Refuse Collection and Disposal

9.12 Litter

9.16 Ambulance Service

9.20 Smoking in Public Places and Places of Employment

9.24 Bear Attraction Nuisance

NOTE: Footnotes are numbered throughout the text and are located at the end of this title.

Chapter 9.08
REFUSE COLLECTION AND DISPOSAL1

Sections:

9.08.010 Definitions.

9.08.020 Customer service policy.

9.08.025 Garbage service.

9.08.030 Disposal of refuse.

9.08.040 Applicability.

9.08.010 Definitions.

The terms and phrases used in this chapter shall have the following meanings:

A.  “Disposal” includes the incineration, collection, disposal or handling of refuse;

B.  “Refuse” means all putrescible and nonputrescible solid waste, except body waste, including garbage, rubbish, ashes, street cleanings, dead animals, abandoned automobiles, solid market and industrial waste, and used motor oils or fuel.

(Ord. 00-1570 § 4(A), 2000; Ord. 85-672 § 4(A), 1985; Ord. 72-18 § 4, 1972.)

9.08.020 Customer service policy.

The rates for and manner of collection and disposal of refuse shall be governed by Section III of the city and borough of Sitka customer service policies which are adopted and amended by ordinance. (Ord. 95-1335 §§ 4(A) (part), (B), 1995: Ord. 72-18 § 8, 1972.)

9.08.025 Garbage service.

A.  Every consumer served through an electrical meter, except vacant buildings, shall use the garbage service provided by the municipality.

B.  Every user of the municipal garbage service shall use a garbage container provided by the municipality’s solid waste contractor. Exceptions to this policy may be considered by the municipality if the solid waste customer or municipality solid waste contractor is unable to manipulate the garbage container provided by the municipality’s solid waste collection contractor.

(Ord. 00-1570 § 4(B), 2000.)

9.08.030 Disposal of refuse.

It is unlawful to dump, burn without permit, bury, destroy or otherwise dispose of refuse within the jurisdictional limits of the city and borough, except at a disposal site approved by the public works director. All refuse shall be delivered to a site directed by the public works director based on the type of refuse, and such direction shall be announced in public notices posted at the location of each disposal site. The maximum penalty for a violation of this section is a fine of two hundred fifty dollars, with each day the violation continues constituting a separate violation. (Ord. 03-1725 § 4 (part), 2003: Ord. 01-1617 § 4, 2001: Ord. 95-1335 § 4(A) (part), 1995; Ord. 85-672 § 4(B), 1984; Ord. 72-18 § 9, 1972.)

9.08.040 Applicability.

This chapter shall apply to those areas of the municipality accessible by roads maintained either by the state or municipality. (Ord. 95-1335 § 4(A) (part), 1995; Ord. 85-672 § 4(F), 1985.)

Chapter 9.12
LITTER

Sections:

9.12.010 Unlawful acts.

9.12.015 Penalties for violation of Section 9.12.010.

9.12.020 Notice to abate—Removal by municipality.

9.12.030 Definitions.

9.12.010 Unlawful acts.

It is unlawful for any person to do any of the following:

A.  Cause or allow litter to be collected, deposited or to remain in any place under his control;

B.  Throw or deposit litter in or upon any street, sidewalk or other public place except in public receptacles or containers, in authorized private receptacles or containers for collection, or in disposal areas designated by the municipality;

C.  Sweep into, or deposit in, any gutter, street or other public place the accumulation of litter from any residence, building, or lot or from any public or private sidewalk or driveway. Persons owning or occupying property shall keep the sidewalk in front of their premises free of litter;

D.  Drive or move any vehicle which is carelessly loaded, or not constructed to prevent its load, or litter on it, from falling upon any street, alley or public place;

E.  Distribute any handbills without either securing them to the building or vehicle to which they are being distributed, or handing them directly to a person willing to accept them;

F.  Throw or deposit litter on any private property, whether owned by the person or not;

G.  Keep, maintain, or deposit an abandoned or junked vehicle on private or public property within the public view.

1.   A vehicle shall be deemed abandoned or junked under the following circumstances:

a.   If the vehicle has obvious physical deterioration, such as broken or smashed windows, wheels and tires missing, portions of the body dented or rusted out to a large degree and any other physical evidence showing neglect; or

b.   If the vehicle lacks current vehicle registration and license, unless neatly stored and covered with a tarp or other method to clearly show the intent for storage for future use;

2.   A junked or abandoned vehicle deposited in any place in violation of this subsection is considered to have been so deposited by the last registered owner of the vehicle unless the last registered owner has filed a transfer or assignment in accordance with AS 28.10.271, in which case proof of the filing of the notice shall constitute prima facie evidence that the transferee named in the notice was the person who deposited the person who deposited the junked or abandoned vehicle in violation of this section. Notwithstanding the previous sentence, a bill of sale or other evidence could also show transfer of ownership from the last registered owner for purposes of this subsection;

H.  Deposit litter in or about a residential garbage can or container, commercial dumpster or container, or other container owned or leased by another as a receptacle for litter unless the person depositing the litter has been authorized to do so by the owner or lessee of the container;

I.  Deposit more than ten pounds of litter in or about a litter container placed by a government agency on public property unless the litter was generated while making a permitted use of the public property associated with the container. Unless otherwise posted on the containers, garbage containers placed by a government agency within highway rights-of-way, parking areas abutting a public highway, scenic pullouts or overlooks, highway rest areas and similar places serving the traveling public may be used only for the deposit of litter generated while making a lawful use of such area or while traveling upon the streets and highways;

J.  Deposit more than ten pounds of litter in or about a litter container which is on a facility or property which is a part of a municipally operated harbor facility unless the litter was generated during the use of a boat, whether it was generated while the boat was inside the harbor or was afloat or underway outside the harbor or unless the litter was generated on an island other than Baranof Island or Japonski Island.

(Ord. 04-50 § 4(A), 2004; Ord. 03-1725 § 4 (part), 2003: Ord. 89-866 § 4(A), 1989; Ord. 86-740 § 4(A), 1986: Ord. 82-521 § 4(A) (part), 1982; Ord. 73-52 § 3 (part), 1973.)

9.12.015 Penalties for violation of Section 9.12.010.

Except for a violation of Section 9.12.010(G), the maximum penalty for a violation of Section 9.12.010 is a fine of two hundred fifty dollars, with each day the violation continues constituting a separate offense. A court finding a defendant guilty of a violation of Section 9.12.010(G) shall impose a fine of three hundred dollars for each day that the vehicle remains in violation of the law after the expiration of a period prescribed by law that is set out in a notice provided by the city and borough pursuant to law. Notwithstanding any other provision of this code, upon conviction of a violation of Section 9.12.010(G), the court shall order the defendant to make restitution to the city and borough for the actual costs incurred by the city and borough for towing, impounding, storage, and disposal of the vehicle. The penalties set out in this subsection are in addition to any penalties, fees, costs, charges, or orders that may be lawfully assessed, imposed, or sought pursuant to other civil, criminal, quasi-criminal, or administrative actions. (Ord. 04-50 § 4(B), 2004: Ord. 03-1725 § 4 (part), 2003.)

9.12.020 Notice to abate—Removal by municipality.

A.  Notice.

1.   The planning director, or other agent assigned by the municipality, is authorized to require the owner or occupier of any property and the last registered owner of any abandoned or junked vehicle to properly dispose of such vehicle located on the private or public property.

2.   Notice of such requirement shall be by certified mail, postage prepaid, and addressed to the proper person at the last known address or by personal service of such notice.

B.  Enforcement.

1.   Upon the failure, neglect or refusal of any person so notified to properly dispose of litter or a junked or abandoned vehicle, or to repair and license it, within twenty days after receipt of the written notice, or within thirty days after the date of the notice in the event the same is returned to the municipality because of inability to make delivery, the planning director or other person designated by the municipality is authorized to arrange for the disposing of such litter or abandoned or junked vehicle. The property owner and, in the case of a vehicle, the registered owner, shall be jointly and severally liable for litter disposal cost with accrued interest at a rate of twelve percent per year.

2.   The above notice shall include notice of the right to an administrative hearing before the assembly to contest the determination that the vehicle is litter, abandoned or junked. The hearing must be requested within the twenty-day time frame specified in the notice. The notice shall also state that the property owner and the last registered vehicle owner shall be jointly and severally liable for all disposal costs, with accrued interest at a rate of twelve percent per year.

C.  The remedy set out in this section is in addition to any criminal charges which may be brought against the person allowing litter, or junked or abandoned vehicles, to be in an unlawful place, and this section does not, in any way, restrict a court of proper jurisdiction from imposing further penalties and remedies it deems to be proper, up to the maximum set out in the penalty provisions of this code.

D.  Any vehicle removed by the municipality under this chapter, may, after the twenty-day notice, be immediately junked. No such vehicle shall thereafter be registered for highway use.

E.  The transfer of title to any vehicle already designated by the planning director, or any agent assigned by the municipality as litter, or abandoned, or junked, shall not affect the running of the twenty-day notice period, nor affect the ability of the municipality to dispose of such vehicle or litter.

(Ord. 07-22 § 4 (part), 2007; Ord. 90-931 § 4, 1990; Ord. 89-866 § 4(B), 1989; Ord. 86-740 § 4(B), 1986.)

9.12.030 Definitions.

For the purpose of this chapter the following terms, phrases, words and their derivations should have the meaning given in this section:

A.  “Litter” means garbage, refuse and rubbish as defined in this chapter and all waste material which, if thrown or deposited as herein prohibited, tends to create a danger to public health, safety and welfare.

B.  “Garbage” means putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food.

C.  “Refuse” means all putrescible and nonputrescible solid wastes (except human body wastes), including garbage, rubbish, ashes, street cleanings, dead animals, abandoned vehicles, solid market and industrial wastes, and used motor oils or fuel.

D.  “Rubbish” means nonputrescible solid wastes consisting of both combustible and incombustible wastes, such as paper, wrappings, cigarettes, cardboard, tin and aluminum cans, yard clippings, leaves, wood, glass, bedding, crockery and similar materials.

E.  “Vehicle” means boats, boat trailers, any form of motor vehicle, whether it be four-wheel, two-wheel, three-wheel, or otherwise, and any other mode of transportation which would normally come under such a definition.

(Ord. 03-1725 § 4 (part), 2003: Ord. 94-1238 § 4, 1994.)

Chapter 9.16
AMBULANCE SERVICE

Sections:

9.16.010 Authority.

9.16.020 Charges.

9.16.030 Emergency service.

9.16.010 Authority.

Until such time as a competent private commercial ambulance service is available to the general public, the police department and fire department of the municipality have the authority to use any of their vehicles for an ambulance for emergency purposes. (Ord. 73-61 § 3 (part), 1973.)

9.16.020 Charges.

The assembly shall provide from time to time for charges for such services. (Ord. 98-1479 § 4, 1998.)

9.16.030 Emergency service.

The operation of the ambulance service by the municipality is declared an emergency service to be performed by the municipality only because no private service is available. It is declared necessary for the public health and welfare that such ambulance service be available. The ambulance need not be staffed by a doctor, nurse or other medical personnel. No minimum facilities are required to be available in the ambulance. Except for gross negligence, all persons being transported ride at their own risk. (Ord. 73-61 § 3 (part), 1973.)

Chapter 9.20
SMOKING IN PUBLIC PLACES AND PLACES OF EMPLOYMENT

Sections:

9.20.005 Definitions.

9.20.010 Application to city and borough-owned facilities.

9.20.015 Prohibition of smoking in public places.

9.20.020 Prohibition of smoking in places of employment.

9.20.025 Reasonable distance.

9.20.030 Where smoking is not regulated.

9.20.035 Declaration of establishment as nonsmoking—Prohibition of children in places of employment where smoking is permitted.

9.20.040 Posting of signs.

9.20.045 Nonretaliation.

9.20.050 Enforcement.

9.20.055 Violations and penalties.

9.20.060 Other applicable laws.

9.20.070 Popular name.

9.20.005 Definitions.

The following words and phrases, whenever used in this chapter, shall be construed as defined in this section:

A. “Business” means a sole proprietorship, partnership, joint venture, corporation, or other business entity formed for profit-making purposes, including retail establishments where goods or services are sold as well as professional corporations and other entities where legal, medical, dental, engineering, architectural, or other professional services are delivered.

B.  “Employee” means a person who is employed by an employer in consideration for direct or indirect monetary wages or profit.

C. “Employer” means a person, business, partnership, association, corporation, including a municipal corporation, trust, or nonprofit entity, that employs the services of one or more individual persons.

D.  “Enclosed area” means all space between a floor and ceiling that is enclosed on all sides by solid walls or windows (exclusive of doorways), which extend from the floor to the ceiling.

E.  “Health care facility” means an office or institution providing care or treatment of diseases, whether physical, mental, or emotional, or other medical, physiological, or psychological conditions, including, but not limited to, hospitals, rehabilitation hospitals or other clinics, including weight control clinics, nursing homes, homes for the aging or chronically ill, laboratories, and offices of surgeons, chiropractors, physical therapists, physicians, dentists, and all specialists within these professions. This definition shall include all waiting rooms, hallways, private rooms, semiprivate rooms, and wards within health care facilities.

F.  “Place of employment” means an area under the control of a public or private employer that employees normally frequent during the course of employment, including, but not limited to, work areas, employee lounges, restrooms, conference rooms, meeting rooms, classrooms, employee cafeterias, hallways, and vehicles. A private residence is not a “place of employment” unless it is used as a child care, adult day care, or health care facility.

G.  “Public place” means an enclosed area to which the public is invited or in which the public is permitted, including, but not limited to, banks, educational facilities, health care facilities, laundromats, public transportation facilities, reception areas, restaurants, retail food production and marketing establishments, retail service establishments, retail stores, shopping malls, sports arenas, theaters, and waiting rooms. A private residence is not a “public place” unless it is used as a child care, adult day care, or health care facility.

H.  “Restaurant” means an eating establishment, including, but not limited to, coffee shops, cafeterias, sandwich stands, and private and public school cafeterias, which gives or offers for sale food to the public, guests, or employees, as well as kitchens and catering facilities in which food is prepared on the premises for serving elsewhere.

I.  “Retail tobacco store” means a retail store utilized primarily for the sale of tobacco products and accessories and in which the sale of other products is merely incidental.

J.  “Service line” means an indoor line in which one or more persons are waiting for or receiving service of any kind, whether or not the service involves the exchange of money.

K.  “Shopping mall” means an enclosed public walkway or hall area that serves to connect retail or professional establishments.

L.  “Smoking” means inhaling, exhaling, burning, or carrying any lighted tobacco product in any form, with the exemption of religious ceremonies.

M.  “Sports arena” means sports pavilions, stadiums, gymnasiums, health spas, boxing arenas, swimming pools, roller and ice rinks, bowling alleys, and other similar enclosed places where members of the general public assemble to engage in physical exercise, participate in athletic competition, or witness sports or other events.

(Ord. 05-29 § 4 (part), 2005.)

9.20.010 Application to city and borough-owned facilities.

All enclosed facilities, including buildings and vehicles owned, leased, or operated by the city and borough of Sitka shall be subject to the provisions of this chapter. (Ord. 05-29 § 4 (part), 2005.)

9.20.015 Prohibition of smoking in public places.

Smoking shall be prohibited in all enclosed public places within the city and borough of Sitka including, but not limited to, the following places:

A.  Aquariums, fish hatcheries, galleries, libraries, and museums.

B.  Areas available to and customarily used by the general public in businesses and nonprofit entities patronized by the public, including, but not limited to, professional offices, banks, laundromats, hotels, and motels.

C.  Areas and/or buildings that host youth agencies.

D.  Bingo facilities.

E.  Convention facilities.

F.  Elevators.

G.  Facilities primarily used for exhibiting a motion picture, stage, drama, lecture, musical recital, or other similar performance.

H.  Health care facilities.

I.  Licensed child care and adult day care facilities.

J.  Lobbies, hallways, and other common areas in apartment buildings, condominiums, trailer parks, retirement facilities, nursing homes, and other multiple-unit residential facilities.

K.  Polling places.

L.  Public transportation facilities, including buses and taxicabs, under the authority of the city and borough of Sitka and ticket, boarding, and waiting areas of public transit depots.

M.  Restaurants.

N.  Restrooms, lobbies, reception areas, hallways, and other common-use areas.

O.  Retail stores.

P.  Rooms, chambers, places of meeting or public assembly, including school buildings, under the control of an agency, board, commission, committee or council of the city and borough of Sitka or a political subdivision of the state when a public meeting is in progress, to the extent the place is subject to the jurisdiction of the city and borough of Sitka.

Q.  Service lines.

R.  Shopping malls.

S.  Sports arenas, including enclosed places in outdoor arenas.

T.  Vessels inspected by the U.S. Coast Guard which are day boats with no overnight accommodations and are larger in capacity than a “six-pack” but have a capacity of less than one hundred fifty passengers.

(Ord. 05-29 § 4 (part), 2005.)

9.20.020 Prohibition of smoking in places of employment.

A.  Smoking shall be prohibited in all enclosed facilities within places of employment without exception. This includes common work areas, auditoriums, classrooms, conference and meeting rooms, private offices, elevators, hallways, medical facilities, cafeterias, employee lounges, stairs, restrooms, vehicles, and all other enclosed facilities.

B.  This prohibition on smoking shall be communicated to all existing employees by the effective date of the ordinance codified in this chapter and to all prospective employees upon their application for employment.

(Ord. 05-29 § 4 (part), 2005.)

9.20.025 Reasonable distance.

Smoking shall be prohibited near entrances, windows and ventilation systems of all work sites of public places where smoking is prohibited by this regulation. Any individual who owns, manages, operates or otherwise controls the use of any premises subject to jurisdiction under this regulation shall establish a no smoking area which extends a reasonable distance from any entrance, windows and ventilation systems to any enclosed area where smoking is prohibited; such reasonable distance shall be a distance sufficient to ensure that persons entering or leaving the building or facility shall not be subjected to breathing tobacco smoke and to ensure that tobacco smoke does not enter the building or facility through entrances, windows, ventilation systems or any other means. All smoking trash receptacles shall be placed outside the no smoking area in order to discourage smoking within the established boundaries. (Ord. 05-29 § 4 (part), 2005.)

9.20.030 Where smoking is not regulated.

Notwithstanding any other provision of this chapter to the contrary, the following areas shall be exempt from the provisions of Sections 9.20.015 and 9.20.020:

A.  Private residences, except when used as a licensed child care, adult day care, or health care facility.

B.  Private vehicles.

C.  Marine vessels, except vessels inspected by the U.S. Coast Guard which are day boats with no overnight accommodations and are larger in capacity than a “six-pack” but have a capacity of less than one hundred fifty passengers.

D.  Hotel and motel rooms that are rented to guests and are designated as smoking rooms; provided, however, that not more than twenty percent of rooms rented to guests in a hotel or motel may be so designated.

E.  Private and semiprivate rooms in nursing homes and long-term care facilities that are occupied by one or more persons, all of whom are smokers and have requested in writing to be placed in a room where smoking is permitted.

F.  Outdoor areas of places of employment except those covered by the provisions of Section 9.20.025.

G.  Any bar, defined as an establishment that is devoted to the serving of alcoholic beverages for consumption by guests on the premises and in which the serving of food is only incidental to the consumption of those beverages, as long as such bar is in a “stand-alone building” and the bar shares no common entries, exits, or internal doors with any public places subject to Sections 9.20.015 and 9.20.020.

H.  Private clubs, including but not limited to the Elks, Moose, and American Legion, as long as each such private club is in a “stand-alone building” and the private club shares no common entries, exits, or internal doors with any public places subject to Sections 9.20.015 and 9.20.020.

(Ord. 05-29 § 4 (part), 2005.)

9.20.035 Declaration of establishment as nonsmoking—Prohibition of children in places of employment where smoking is permitted.

Notwithstanding any other provision of this chapter, an owner, operator, manager, or other person in control of an establishment, facility, or outdoor area may declare that entire establishment, facility, or outdoor area as a nonsmoking place. Smoking shall be prohibited in any place in which a sign conforming to the requirements of Section 9.20.040 is posted. Children under the age of eighteen shall not be permitted in any place of employment where smoking is allowed. (Ord. 05-29 § 4 (part), 2005.)

9.20.040 Posting of signs.

A.  “No Smoking” signs or the international “No Smoking” symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it) shall be clearly and conspicuously posted in every public place and place of employment where smoking is prohibited by this chapter by the owner, operator, manager, or other person in control of that place.

B.  Every public place and place of employment where smoking is prohibited by this chapter shall have posted at every exterior entrance a conspicuous sign clearly stating that smoking is prohibited.

(Ord. 05-29 § 4 (part), 2005.)

9.20.045 Nonretaliation.

No person or employer shall discharge, refuse to hire, or in any manner retaliate against an employee, applicant for employment, or customer because that employee, applicant, or customer exercises any rights afforded by this chapter or reports or attempts to prosecute a violation of this chapter. (Ord. 05-29 § 4 (part), 2005.)

9.20.050 Enforcement.

A.  This chapter shall be enforced by the Sitka police department or by other officials so authorized by the city and borough administrator.

B.  Notice of the provisions of this chapter shall be given to all applicants for a business license in the city and borough of Sitka.

C.  Any citizen who desires to register a complaint under this chapter may request/solicit enforcement from/with the Sitka police department.

D.  The public works department, fire department, or their designees shall, while an establishment is undergoing otherwise mandated inspections, inspect for compliance with this chapter.

E.  An owner, manager, operator, or employee of an establishment regulated by this chapter shall inform persons violating this chapter of the appropriate provisions thereof.

F.  Notwithstanding any other provision of this chapter, an employee or private citizen may bring legal action to enforce this chapter.

G.  In addition to the remedies provided by the provisions of this section, the city and borough administrator or any person aggrieved by the failure of the owner, operator, manager, or other person in control of a public place or a place of employment to comply with the provisions of this chapter may apply for injunctive relief to enforce those provisions in any court of competent jurisdiction.

(Ord. 05-29 § 4 (part), 2005.)

9.20.055 Violations and penalties.

A.  A person who smokes in an area where smoking is prohibited by the provisions of this chapter shall be guilty of an infraction, punishable by a fine not exceeding fifty dollars.

B.  A person who owns, manages, operates, or otherwise controls a public place or place of employment and who willfully fails to comply with the provisions of this chapter shall be guilty of an infraction, punishable by:

1.   A fine not exceeding one hundred dollars for a first violation.

2.   A fine not exceeding two hundred dollars for a second violation within one year.

3.   A fine not exceeding three hundred dollars for each additional violation within one year.

C.  Each day on which a violation of this chapter occurs shall be considered a separate and distinct violation.

(Ord. 05-29 § 4 (part), 2005.)

9.20.060 Other applicable laws.

This chapter shall not be interpreted or construed to permit smoking where it is otherwise restricted by other applicable laws. (Ord. 05-29 § 4 (part), 2005.)

9.20.070 Popular name.

This law shall be known as the Sitka Clean Indoor Air Law of 2005. (Ord. 05-29 § 4 (part), 2005.)

Chapter 9.24
BEAR ATTRACTION NUISANCE

Sections:

9.24.010 Definitions.

9.24.020 Unlawful acts.

9.24.030 Enforcement.

9.24.040 Defenses.

9.24.050 Fines.

9.24.010 Definitions.

The terms and phrases used in this chapter shall have the following meanings:

A.  “Bear attraction nuisance” means, except as otherwise provided in this section:

1.   More than one-half gallon of any putrescible waste, including packaging or other surfaces to which the material is adhered;

2.   Any organic material of a type which has previously attracted a bear to the property; or

3.   Soiled disposable diapers.

4.   “Bear attraction nuisance” does not include:

a.   Material in a certified landfill;

b.   Manure or sewage;

c.   Material in a refuse receptacle temporarily placed outside no earlier than four a.m. on refuse collection day;

d.   Living or dead flora or fauna indigenous to the property; or

e.   Material completely enclosed in a structure or container which requires hands or tools to open.

B.  “Person in control” means a tenant or an agent, superintendent, or other owner’s representative.

C.  “Putrescible waste” means organic waste, including animal parts, human and animal excrement, or bodily fluids, which is capable of being decomposed by microorganisms.

(Ord. 08-09 § 4 (part), 2008.)

9.24.020 Unlawful acts.

No owner or person in control of property shall cause or allow the creation or maintenance of a bear attraction nuisance on that property or any adjacent right-of-way. Except as otherwise provided for in this chapter, the property owner and the person in control of the property may both be liable for a violation of this chapter concerning the same unlawful act. The unlawful act involves not only the creation of a bear attraction nuisance but allowing the offense to continue. (Ord. 08-09 § 4 (part), 2008.)

9.24.030 Enforcement.

This chapter shall be enforced by the police department or by other employees authorized by the municipal administrator. Whenever waste or other material is found on property in violation of this chapter, the officer or authorized employee shall issue a citation stating the nature of the offense and the date and time for a court appearance, and:

A.  Mail the citation to the owner’s address listed in the municipal property assessor records and to the address of the person in control of the property when known; and

B.  Conspicuously affixing a copy of the citation on the property.

(Ord. 08-09 § 4 (part), 2008.)

9.24.040 Defenses.

A.  It shall be no defense for the owner of property issued a citation under this chapter that the property was in possession or control of another, unless the owner of the property meets the burden of proof that the property was being used without the consent of the owner when the bear attraction nuisance was created.

B.  It shall be a defense for the owner of property or person in possession or control of the property who is issued a citation under this chapter who fails to appear in court if the owner or person in control of the property meets the burden of proof of being unaware of the citation.

(Ord. 08-09 § 4 (part), 2008.)

9.24.050 Fines.

A.  Each person who owns and/or is in control of property that creates, maintains, or permits a bear attraction nuisance on the property, shall be charged with an infraction and subject to the following fine:

1.   First offense within one year: warning with no fine.

2.   Second offense within one year: fine not exceeding one hundred dollars.

3.   Third and subsequent offenses within one year: fine not exceeding two hundred dollars.

B.  Each and every day during any portion of which a violation or failure to comply is committed, permitted, or continued, shall be treated as a separate offense, and subject the offender to separate charges and a fine as provided in subsection A of this section.

(Ord. 08-09 § 4 (part), 2008.)

TITLE 9 FOOTNOTES

1. For statutory provisions authorizing home rule municipalities to maintain and operate a garbage and solid waste collection and disposal system, see AS 29.48.033.