Chapter 1.12
ORDINANCES1

Sections:

1.12.010    Acts which shall be by ordinance.

1.12.020    Introduction.

1.12.030    Number of readings – Passage.

1.12.035    Abstentions.

1.12.040    Publication.

1.12.050    Number.

1.12.060    Adoption by reference.

1.12.070    Resolutions.

1.12.080    Repeal of ordinances.

1.12.010 Acts which shall be by ordinance.

Formal acts of the assembly intended to regulate any of the affairs of the borough and such additional acts of the assembly as provisions of law require may be enacted by ordinance. [Ord. 355 § 5, 1976; prior code § 27.20.010.]

1.12.020 Introduction.

An ordinance meeting the requirements of this chapter may be introduced by any member or committee of the assembly, by the mayor or by the chief executive at any regular or special meeting of the assembly. Upon introduction of any ordinance, sufficient copies shall be furnished to the clerk in order for him to distribute immediately at least one copy each to the assembly members and to the mayor. At any assembly meeting at which the ordinance is considered, copies of the ordinance shall be distributed to all persons present who request them or, in the alternative, the ordinance shall be read in full. All persons interested shall have an opportunity to be heard. The assembly shall then consider the ordinance and may adopt it with or without amendment or reject it, except that no ordinance other than an emergency ordinance may be finally passed on the same day that it is introduced. [Ord. 355 § 5, 1976; prior code § 27.20.030.]

1.12.030 Number of readings – Passage.

A proposed ordinance shall be introduced in the first reading by title or in full. After introduction, an ordinance may be amended by an affirmative vote of four members of the assembly. The assembly may, by an affirmative vote of a majority of the membership present when the vote is taken, move the ordinance to the second reading. At the next regular or special meeting, after the ordinance has been read in the second reading by title or in full, an affirmative vote of a majority of the membership present when the vote is taken is required for final adoption. [Ord. 833 § 6, 2009; Ord. 355 § 5, 1976; prior code § 27.20.040.]

1.12.035 Abstentions.

A. All members of the assembly present at any regular or special meeting of the assembly shall be required to vote upon all matters, motions, resolutions and ordinances before the assembly for vote, unless he or she is required to abstain for good and special cause to include a substantial direct or indirect financial interest in the matter to be voted upon.

B. The assembly shall rule upon the validity of any claim of abstention by a vote of the members present at the time of the claim. A simple majority of those voting shall be sufficient to sustain or deny any claim of abstention. The abstaining assembly member’s vote shall not be counted either for or against the matter, motion, resolution or ordinance that is before the assembly after abstention is determined as above. [Ord. 407 § 4, 1980; prior code § 27.20.047.]

1.12.040 Publication.

Within 10 days after passage, every ordinance shall be published by number and title. Ordinances which are to be submitted to the voters for enactment shall be published in full as provided by Charter Section 2-10. [Ord. 355 § 5, 1976; prior code § 27.20.055.]

1.12.050 Number.

Immediately upon passage, each ordinance shall be assigned the next consecutive number indicating the total number of ordinances passed. [Ord. 201 § 5, 1967; prior code § 27.20.060.]

1.12.060 Adoption by reference.

A. The assembly by ordinance may adopt by reference codes, ordinances, standards and regulations, and amendments thereto, relating to building, plumbing, electrical installations, milk and milk products and other matters which it has power to regulate otherwise.

B. Such code, ordinance, standards, or regulation so adopted need not be enrolled in the book of ordinances, but at least five copies of the subject reference document shall be filed in the office of the borough clerk and be kept available for public use, inspection and examination at the time the ordinance is proposed. After its adoption, the subject reference document shall be kept available for public use, inspection and examination so long as it remains in force.

C. Nothing contained in this section relieves the borough from the requirement of publishing the ordinance which adopts a code or amended code of technical regulations, nor may the borough adopt penalties by reference to a reference document other than provisions of the municipal code. [Ord. 355 § 5, 1976; prior code § 27.20.080.]

1.12.070 Resolutions.

A. Formal acts by the assembly not required by law to be enacted by ordinance, such as authorizing a municipal officer to undertake certain acts and not being acts of a general and permanent nature which should become part of the code, may be adopted by resolution bearing the following:

1. The heading “City and Borough of Wrangell”;

2. Space for the serial number to be assigned, “Resolution No. ___________”;

3. A short and concise title descriptive of the subject and purpose;

4. Short premises or whereas clauses descriptive of the reasons for the resolution if necessary;

5. Resolving clause, “BE IT RESOLVED BY THE ASSEMBLY OF THE CITY AND BOROUGH OF WRANGELL, ALASKA”; and

6. Provision for date after the text, “Adopted       (date)      ” and designated lines for the signatures of the mayor and clerk.

B. All resolutions adopted by the assembly, whether at the instance of and presented by third parties or on the motion of and instance of the assembly, shall conform to that set forth in subsection (A) of this section.

C. Serial numbers shall be assigned as follows: The first digit(s) shall denote the month, the second digits shall denote the year and the last digits shall be the next consecutive numbers indicating the total number of resolutions passed.

D. Formal acts by the assembly required to be enacted by resolution include establishing salaries and compensation for officers and employees; and establishing classes of positions in the borough’s personnel system.

E. An affirmative vote of four members of the assembly is required for adoption of a resolution. [Ord. 355 § 5, 1976; prior code § 27.20.085.]

1.12.080 Repeal of ordinances.

Ordinances and parts of ordinances shall be specifically repealed by ordinance number or by section if only amended or partially repealed. [Ord. 355 § 5, 1976; prior code § 27.20.095.]


1

For additional provisions on ordinances, see Charter § 2-9 et seq.