Chapter 1.20
GENERAL PENALTY

Sections:

1.20.010    Designated.

1.20.020    Scope of prohibitions.

*    For statutory provisions authorizing the assembly to prescribe punishment not to exceed a fine of $1,000 or imprisonment for 90 days, or both, for violation of codified ordinances, see AS 29.25.070.

1.20.010 Designated.

A. A violation of a provision of this code is an offense punishable by a penalty not to exceed a fine of $1,000, in addition to the surcharge required under AS 12.55.039. If another penalty is established by ordinance for the provision violated, that penalty shall apply.

B. The borough or an aggrieved person may institute a civil action against a person, including a minor as provided in this subsection, who violates any provision of this code. In addition to injunctive and compensatory relief, a civil penalty not to exceed $1,000 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 a violation or a threatened violation, the superior court shall grant the injunction. Each day that a violation of an ordinance continues constitutes a separate violation.

C. The borough shall provide written notice to the commissioner of health and social services or to the commissioner’s designee of the commencement of a civil enforcement action for the violation of an ordinance under subsection (B) of this section against a minor. Unless the commissioner and the borough have negotiated an agreement making other arrangements for the borough to provide the notice required by this subsection, the borough shall provide the notice by mailing a copy of the citation or other document setting out the notice of the commencement of the civil enforcement action.

D. In this section, “minor” means a person under 18 years of age.

E. Unless an ordinance authorizes use of a hearing officer, the enforcement of a civil penalty against a minor for violation of any provision of this code shall be heard in the district court in the same manner as for similar allegations brought against an adult, except that the minor’s parent, guardian, or legal custodian shall be present at all proceedings unless the court excuses the parent, guardian, or legal custodian from attendance for good cause.

F. An action for a civil penalty filed against a minor under this section does not give rise to the right to a trial by jury or to counsel appointed at public expense. [Ord. FY2011-03 §2, 2010; Ord. 98-26 §2, 1998; Ord. 74-8-O §1, 1974; prior code Ch. 1 §11. Formerly §1.12.010].

1.20.020 Scope of prohibitions.

When an ordinance of the borough prohibits an act or an omission, it shall be construed to prohibit causing, aiding, abetting, or concealing the fact of the act or omission. [Ord. FY2011-03 §2, 2010; Ord. 74-7-O §2, 1974; prior code Ch. 1 §13. Formerly §1.12.020].