Chapter 1.05
GENERAL PROVISIONS

Sections:

1.05.010 Code cite and designation.

1.05.020 Definitions.

1.05.030 Grammatical interpretation.

1.05.040 Effect of repeal of ordinances.

1.05.050 Severability of ordinances and parts of code.

1.05.060 General penalty.

1.05.070 Laws of Alaska – Violations.

1.05.080 Enforcement.

1.05.090 Distribution.

1.05.100 Ordinances included in the Denali Borough Code.

1.05.110 Time ordinances take effect.

1.05.120 Corrections.

1.05.010 Code cite and designation.

The ordinances codified in the following chapters and sections shall be called the “code of ordinances, Denali Borough.” [Code 1989 § 1-1.]

1.05.020 Definitions.

The following definitions apply to this code and all municipal ordinances unless the plain meaning requires otherwise:

“Assembly” means the assembly of the Denali Borough.

“Assessor” means the borough assessor.

“Attorney” means the borough attorney.

“Borough” means the Denali Borough.

“Clerk/treasurer” means the borough clerk/treasurer.

“Code” means the code of ordinances, Denali Borough Code.

“Law” denotes applicable federal law, the Constitution and statutes of the state of Alaska, the ordinances of the Denali Borough, and, when appropriate, any and all rules and regulations which may be promulgated thereunder.

“Mayor” means the Denali Borough mayor.

“Municipality” means the Denali Borough.

“Person” means a corporation, company, partnership, firm, association, organization, business, trust, or society, as well as a natural person

“Presiding officer” means the chairperson of the assembly.

“Publish” means to post a notice within the municipality in each of the four major communities of Anderson, Cantwell, Healy, and McKinley Park in at least three public places, with one of the public places being the post office, for a period of not less than 10 days.

“State” means the state of Alaska.

“Voter” means a person who qualifies under DBC 8.05.020. [Code 1989 § 1-2.]

1.05.030 Grammatical interpretation.

The following grammatical rules shall apply in the Denali Borough Code and the ordinances of the municipality:

A.  Gender. Any gender includes the other gender.

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.  All words and phrases shall be construed and understood according to the context and the commonly 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.

E.  “May” is permissive.

F.  “Must” and “shall”: each is mandatory. [Code 1989 § 1-3.]

1.05.040 Effect of repeal of ordinances.

Ordinances repealed remain in force for the trial and punishment of all past violations of them, and for the recovery of penalties and forfeitures already incurred, and for the preservation of all rights and remedies existing by them and so far as they apply to any office, trust, proceeding, right, contract, or event already affected by them. [Code 1989 § 1-4.]

1.05.050 Severability of ordinances and parts of code.

Any ordinance enacted after the adoption of this code shall be construed as though it contained a severability clause in the following language: “If any provision of this ordinance, or the application thereof to any person or circumstance is held invalid, the remainder of this ordinance and the application to other persons or circumstances shall not be affected thereby.” [Code 1989 § 1-5.]

1.05.060 General penalty.

A.  Every act prohibited by ordinance of this municipality is unlawful. Unless other penalty is expressly provided by this code for any particular provision or section, every person convicted of a violation of any provision of this code shall be punished by a fine of not more than $300.00. Such fine shall be set at the discretion of the fining authority. A “violation” is a noncriminal offense punishable only by a fine, but not by imprisonment or other penalty; conviction of a violation does not give rise to any disability or legal disadvantage based on conviction of a crime; a person charged with a violation is not entitled:

1.   To a trial by jury; or

2.   To have a public defender or other counsel appointed at public expense to represent the person.

B.  The penalty provided by this section shall, unless any other penalty is expressly provided, apply to the amendment of any section of this code, whether or not such penalty is reenacted in the amendment ordinance. [Code 1989 § 1-6.]

1.05.070 Laws of Alaska – Violations.

No person shall violate any law of the state of Alaska, nor any rule or regulation adopted by any duly authorized agency of the state of Alaska. Violations of the foregoing shall be violations of the code of ordinances of the municipality of the Denali Borough, Alaska, except where the state has exclusive jurisdiction over the offense. [Code 1989 § 1-7.]

1.05.080 Enforcement.

The municipal assembly or duly appointed regulatory body shall enforce all municipal ordinances and laws of the state of Alaska. [Code 1989 § 1-8.]

1.05.090 Distribution.

This code with amendments shall be made available to the public for inspection on request. A fee for the cost of photocopying all or parts of this code may be charged to anyone requesting copies at no more than cost. Copies of this code shall be furnished to the courts and law enforcement personnel as needed upon their request. [Code 1989 § 1-9.]

1.05.100 Ordinances included in the Denali Borough Code.

The assembly 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 municipal assembly and permanent in nature shall be inserted in the Denali Borough Code when properly prepared and authenticated by the borough clerk/treasurer.

B.  Emergency, bond, temporary and appropriation ordinances and resolutions shall be retained in the form enacted.

C.  All titles to ordinances, all enacting and repealing clauses, all declarations of emergency, and all purpose, validity and construction clauses shall be omitted from the code unless from their nature it may be necessary to retain some of them to preserve the full meaning and intent of the ordinance. [Code 1989 § 1-10.]

1.05.110 Time ordinances take effect.

An ordinance which has been approved by the assembly shall be effective 24 hours after passage, unless otherwise stated in the ordinance. [Code 1989 § 1-11.]

1.05.120 Corrections.

When in this code, or any amendments or additions to it, there are any errors the correction of which does not change the meaning of any section of this code, the assembly may authorize the correction of these errors by substitution of corrected pages for the incorrect pages without amendment or following ordinance procedure. The following corrections are authorized:

A.  Manifest errors which are clerical or typographical in nature, or errors in spelling, or errors by way of addition or omission;

B.  Changes in capitalization for the purpose of uniformity;

C.  Correction of manifest errors in references to laws;

D.  Correction of mistakes in grammar;

E.  Correction of citations or references to laws, statutes and ordinances whose designations have changed because of renumbering or revision of the Alaska Statutes, federal law, or this code. [Code 1989 § 1-12.]