Chapter 1.16
GENERAL PENALTY1
Sections:
1.16.040 Disposition of scheduled offenses – Fine schedule.
1.16.010 General penalty.
Every act in violation of this code is declared unlawful. Unless another 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 or any rule or regulation adopted or issued in pursuance thereof shall be punished by a fine of not more than $300.00. Every act of violation and every day upon which such violation shall occur shall constitute a separate offense. [Ord. 90-1 § 1, 1990; Ord. 88-14 § 4, 1988; Ord. 78-1 §§ 1, 2, 1978. Code 1967 § 1-100.7].
1.16.020 Civil remedies.
The City may institute a civil action against a person who violates any provision of this code or any rule or regulation adopted or issued in pursuance thereof. 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 threatened violation, the Superior Court shall grant the injunction. Each day that a violation continues constitutes a separate violation. [Ord. 90-1 § 2, 1990].
1.16.030 Surcharge.
In addition to any fine or other penalty prescribed by law, a defendant who pleads guilty or nolo contendere to, forfeits bail for, or is convicted of violating this code or any rule or regulation adopted or issued in pursuance thereof shall be assessed a surcharge in the amount, if any, prescribed by AS 12.55.039. The surcharge shall be collected as provided in AS 12.55.039 and 29.25.075. The failure to pay the surcharge is punishable as contempt of court as provided in AS 12.55.039. [Ord. 98-22, 1998].
1.16.040 Disposition of scheduled offenses – Fine schedule.
Citations for offenses listed in this section may be disposed of as provided in AS 12.25.195 through 12.25.230, without a court appearance, upon payment of the fine amounts listed below, plus the State surcharge required by AS 12.55.039 and 29.25.074. Fines must be paid to the court. The Rules of Minor Offense Procedure in the Alaska Rules of Court apply to all offenses listed below. Citations charging these offenses must meet the requirements of Minor Offense Rule 3. If a person charged with one of these offenses appears in court and is found guilty, the penalty imposed for the offense may not exceed the scheduled fine amount plus any surcharge required to be imposed by AS 12.55.039 and 29.25.074. If an offense is not listed on a fine schedule, the defendant must appear in court to answer the charges.
|
CODE SECTION |
DESCRIPTION OF OFFENSE |
FINE |
|---|---|---|
|
HCC 5.08.020 |
Transporting unsecured load of garbage, trash or other materials in vehicle |
$300.00 |
|
HCC 5.20.020 |
Open burning, permit required |
$300.00 |
|
HCC 5.20.030 |
Trash burning – Approved container required |
$300.00 |
|
HCC 5.20.050 |
Handling or storing explosives |
$300.00 |
|
HCC 5.24.030 |
Fireworks – Sale prohibited |
$300.00 |
|
HCC 5.24.040 |
Fireworks – Use prohibited |
$300.00 |
|
HCC 5.38.010 |
Feeding or baiting certain birds (first offense) |
$50.00 |
|
HCC 5.38.010 |
Feeding or baiting certain birds (second and subsequent offenses) |
$200.00 |
|
HCC 5.42.030 |
Single-use plastic carryout bags prohibited |
$50.00 per day |
|
Chapter 5.46 HCC |
Special event – Permit required |
$1,000 |
|
HCC 8.08.020 |
Itinerant or transient merchant – License required |
$300.00 |
|
HCC 8.08.080 |
Itinerant or transient merchant – Exhibition of license |
$300.00 |
|
HCC 8.08.100 |
Itinerant or transient merchant – Use of streets and other public places |
$300.00 |
|
HCC 8.11.080 |
Mobile food service – Violation – Penalty |
$300.00 |
|
HCC 8.12.120 |
Public transportation vehicle – Permit required |
$300.00 |
|
HCC 8.12.200 |
Chauffeurs license – Required |
$300.00 |
|
HCC 8.12.250 |
Public transportation vehicle – Prohibited operation |
$300.00 |
|
HCC 8.12.400 |
Public transportation vehicle – Display of rates/fares |
$300.00 |
|
HCC 10.04.035 |
Going dry/causing blockage or restricted access to the barge ramp (per tide cycle) |
$150.00 |
|
HCC 10.04.035 |
Commercial loading at the load and launch ramp during the hours of 6:00 a.m. – 6:00 p.m. Memorial Day to Labor Day (per occurrence) |
$100.00 |
|
HCC 10.04.085(b) |
Failure to pay fee for use of load and launch ramp (first offense) |
$100.00 |
|
HCC 10.04.085(b) |
Failure to pay fee for use of load and launch ramp (second offense) |
$200.00 |
|
HCC 10.04.085(b) |
Failure to pay fee for use of load and launch ramp (third and subsequent offenses) |
$300.00 |
|
HCC 10.04.105 |
Unauthorized use of port and harbor dumpsters |
$300.00 |
|
HCC 13.08.010 |
Work in City right-of-way or connecting to City utility – Permit required |
$300.00 |
|
HCC 13.08.130 |
Restore City right-of-way to original condition |
$300.00 |
|
HCC 13.08.140 |
Repair of damage to City utilities |
$300.00 |
|
HCC 14.04.050 |
Sewer extension or connection – Permit required |
$300.00 |
|
HCC 14.04.070 |
Destruction of private sewage disposal system after connection to City sewer system |
$300.00 |
|
HCC 14.04.090 |
Discharge of surface drainage into City sewer |
$300.00 |
|
HCC 14.08.030 |
Water extension or connection – Permit required |
$300.00 |
|
HCC 14.08.040 |
Connection to private water system – Permit required |
$300.00 |
|
HCC 14.08.105 |
Resale of City water – Permit required |
$300.00 |
|
HCC 18.20.015 |
Storing, parking or leaving abandoned or junk vehicle |
$300.00 |
|
HCC 18.20.025 |
Failure to remove abandoned or junk vehicle |
$300.00 |
|
HCC 19.04.040 |
Burial of human remains outside approved cemetery |
$300.00 |
|
HCC 19.04.090(a) |
Monument or other memorial protruding above ground level in City cemetery |
$300.00 |
|
HCC 19.04.090(b) |
Placement, alteration or removal of monument, memorial or plant without City consent |
$300.00 |
|
HCC 19.08.030(a) |
Camping on City property where prohibited |
$300.00 |
|
HCC 19.08.030(b) |
Camping outside designated areas |
$300.00 |
|
HCC 19.08.030(d) |
Camping in closed campground |
$300.00 |
|
HCC 19.08.050 |
Camping in City campground – Permit required |
$300.00 |
|
HCC 19.08.060 |
Camping in City campground for more than 14 days |
$300.00 |
|
HCC 19.08.070(a) |
Disposal of human waste on City property |
$300.00 |
|
HCC 19.08.070(c) |
Erect, occupy, utilize structure on City property |
$300.00 |
|
HCC 19.08.070(d) |
Park, leave, maintain, utilize vehicle, camper unit, or camp where prohibited |
$300.00 |
|
HCC 19.08.070(e) |
Deface, destroy, alter or remove City property |
$300.00 |
|
HCC 19.08.070(f) |
Dog physically unrestrained in City campground |
$300.00 |
|
HCC 19.08.070(g) |
Campsite in City campground left in disorderly or unsightly condition |
$300.00 |
|
HCC 19.08.080 |
Improper storage of garbage, refuse, other waste in City campground |
$300.00 |
|
HCC 19.12.080 |
Excavation or removal of gravel or fill – Permit required |
$300.00 |
|
HCC 19.12.090 |
Tampering with, burning or removing driftwood from storm berm |
$300.00 |
|
HCC 19.20.020 |
General rules |
$300.00 |
|
HCC 19.20.030 |
Park closure |
$150.00 |
[Ord. 22-72(S-2) § 3, 2023; Ord. 22-14 § 3, 2022; Ord. 21-53 § 2, 2021; Ord. 19-53 § 1, 2019; Ord. 19-39 § 1, 2019; Ord. 18-43(S) § 4, 2018; Ord. 18-11 § 1, 2018; Ord. 17-03 § 1, 2017; Ord. 16-11 § 1, 2016; Ord. 16-05(S-2)(A-2) § 1, 2016; Ord. 13-17(S) § 1, 2013; Ord. 12-24(A) § 1, 2012].
For statutory provisions authorizing municipalities to prescribe penalties for violation of ordinances, see AS 29.35.010(7); for provisions limiting maximum penalties, see AS 29.25.070.