Chapter 1.16
GENERAL PENALTY1

Sections:

1.16.010    General penalty.

1.16.020    Civil remedies.

1.16.030    Surcharge.

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 at large 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. 22-14 § 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].


1

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.