Chapter 1.20
GENERAL PENALTY
Sections:
1.20.010 General penalty.
1.20.020 Penalty surcharge authorization and collection.
1.20.030 Disposition of scheduled offenses—Fine schedule.
1.20.010 General penalty.
A. Penalty. Unless another penalty is specifically provided by this code for the violation of any particular provision, any person who violates any of the provisions or fails to comply with any of the mandatory requirements of this code, upon conviction, shall be punished by a fine not to exceed three hundred dollars ($300.00) and the violation shall be treated as an infraction.
B. Procedure. The charge for the violation of a code provision may be brought by a city police officer, the mayor, or that city official responsible for the administration and enforcement of the code provision which has been violated. A person charged may dispose of an infraction offense by paying the fine set for the violation charged and pleading “no contest” in person or by mail, or may appear in court to contest the charge. As an infraction, trial is by the court without a jury, and there is no right to court-appointed defense counsel.
C. Separate Violations. Each day of a continuing violation of this code shall constitute a separate offense.
D. Civil Action Alternatives. In addition to any other remedies or penalties which may be provided in this code, or may otherwise by available, the city or any aggrieved person may institute a civil action against a person who violates any provision of the code. In addition to injunctive and compensatory relief, a civil penalty not to exceed one thousand dollars ($1,000.00) may be imposed for each violation. An action to enjoin a violation may be brought notwithstanding the availability of any other remedy. On application for injunctive relief and a finding of violation or threatened violation, the superior court shall grant the injunction. (Prior code § 1.24.015)
1.20.020 Penalty surcharge authorization and collection.
The surcharge required to be imposed pursuant to AS 12.55.039 is authorized and shall be imposed as a surcharge on penalties imposed for the violation of an ordinance, code provision, or regulation of the city brought under citation or criminal complaint that would require a proceeding in the Alaska Court system if the defendant were to enter a plea of not guilty. This surcharge is imposed in addition to any other fine or other penalty provided by law. The court may impose and collect the surcharge on all penalties imposed by the court or fines and bail forfeitures that are paid to the court. The surcharge shall be deposited into the general fund of the state of Alaska in accordance with AS 29.25.072. (Prior code § 1.24.030)
1.20.030 Disposition of scheduled offenses—Fine schedule.
A. A person cited for an offense for which a fine is established in subsection C of this section may mail or personally deliver to the clerk of court the amount of the fine indicated on the citation for the offense plus any surcharge required to be imposed by AS 29.25.074, together with a copy of the citation signed by the person indicating the person’s waiver of court appearance, entry of plea of no contest, and forfeiture of the fine. A motor vehicle or traffic citation may be mailed or personally delivered within five days after the date of the citation. A citation for a scheduled offense other than a motor vehicle or traffic citation may be mailed or personally delivered within fifteen (15) days after the date of the citation. The payment of a fine under this subsection shall be treated as a judgment of conviction. The fine paid is complete satisfaction for the offense.
B. If a person cited for an offense for which a fine amount is established in subsection C of this section appears in court to contest the citation and is found guilty, the maximum sentence which may be imposed is the scheduled fine amount plus any surcharge required to be imposed by AS 29.25.074.
C. The following violations of this code are amenable to disposition without court appearance upon payment of a fine in the amount listed below.
|
CODE SECTION |
DESCRIPTION OF OFFENSE |
FINE |
|
WMC 6.04.060 |
Business License Violations |
$250 |
|
WMC 6.08.110 |
Public Vending and Special Events |
$100 |
|
WMC 8.04.030 |
Sale of Fireworks |
$100 |
|
WMC 8.04.040 |
Use of Fireworks |
$100 |
|
WMC 8.08.010 |
Refuse Enclosure Required |
$100 |
|
WMC 8.08.040 |
Litter Unlawful |
$100 |
|
WMC 9.04.020 |
Lewd Conduct |
$200 |
|
WMC 9.08.030(C) |
Petty Theft in the First Degree |
$300 |
|
WMC 9.08.030(D) |
Petty Theft in the Second Degree |
$50 |
|
WMC 9.12.010 |
Discharge of Firearm |
$200 |
|
WMC 9.20.010 |
Trespassing |
$100 |
|
WMC 10.08.020 |
Obstruction of Right-of-Way |
$50 |
|
WMC 10.12.020 |
Prohibited Operation of Off-Road Vehicles |
$50 |
|
WMC 10.12.030 |
Operation of Off-Road Vehicle by a Minor |
$100 |
|
WMC 10.12.040 |
Operation of Off-Road Vehicle Without Helmet |
$100 |
|
WMC 10.12.060 |
Speeding of Off-Road Vehicle |
$100 |
|
WMC 10.20.010 |
Stopping, Standing or Parking Where Prohibited |
$25 |
|
WMC 10.20.020 |
Parking to Display Vehicle for Sale |
$50 |
|
WMC 10.20.030 |
Stopping, Standing or Parking at Prohibited Time |
$25 |
|
WMC 10.20.040 |
Stopping, Standing or Parking Beyond Time Limit |
$25 |
|
WMC 10.20.050(A) |
Unauthorized Use of Parking Reserved for Persons with Disabilities |
$100 |
|
WMC 10.20.050(B) |
Unauthorized Use of Special License Plate or Permit Issued to a Person with a Disability |
$200 |
|
WMC 12.20.020 |
Motorized Uses on Lakes |
$100 |
|
WMC 12.24.025 |
Violation of Park Rules |
$250 |
|
WMC 13.08.020 |
Sewage Disposal |
$300 |
|
WMC 13.08.140 |
Sewage Violations |
$300 |
|
WMC 13.12.030 |
Wastewater Pretreatment Violations |
$300 |
|
WMC 13.20.060 |
Airport Violations |
$300 |
|
WMC 13.20.070 |
Airport Animal Violations |
$300 |
|
WMC 16.08.090 |
Land Use Code Violations |
$300 |
(Ord. 07-44 § 2, 2007; Ord. 06-31 § 2, 2006; Ord. 06-14(SUB) § 2, 2006; Ord. 05-71 § 2, 2005; Ord. 05-14(AM) § 2, 2005; Ord. 05-12 § 3, 2005; Ord. 03-72 § 4, 2003; Ord. 03-46 § 2, 2003; amended by IM 02-12; Ord. 01-47 § 2, 2001)