Chapter 1.10


1.10.010    How code designated, cited.

1.10.020    Definitions and interpretation.

1.10.030    Headings.

1.10.040    Computation of time.

1.10.050    Revisor of ordinances.

1.10.060    Fees and charges.

1.10.010 How code designated, cited.

The ordinances and resolutions embraced in the following titles, chapters, and sections shall constitute and be designated the “Code of Ordinances of the Ketchikan Gateway Borough, Alaska,” and may be cited as the “KGB Code.” [Code 1974 §1.10.015.]

1.10.020 Definitions and interpretation.

In the construction of the KGB Code, and of all ordinances and resolutions, the following rules shall be observed, unless such construction would be inconsistent with the manifest intent of the assembly or repugnant to the context of the provisions hereof, or to the law.

“AS” means and refers to the latest edition or supplement of the Alaska Statutes.

“Assembly” means the assembly of the Ketchikan Gateway Borough.

“Borough” means the Ketchikan Gateway Borough.

“Borough attorney” means the attorney duly appointed by the assembly. (AS 29.20.370)

“Borough clerk” means the clerk duly appointed by the assembly. (AS 29.20.380)

“Borough engineer” means that individual employed by the borough as the borough engineer or that individual designated by the borough manager to provide the services of borough engineer on a contract basis. The individual who is borough engineer must hold a certificate of registration under AS 8.48 as a professional engineer or land surveyor authorized to practice in the State of Alaska.

“Borough manager” means the manager duly appointed by the assembly. (AS 29.20.490)

“Collection agency(ies)” means a person, firm or other entity with a municipal contract to provide third party collection services.

Corporate Limits, Corporation Limits. Whenever the words “corporate limits” or “corporation limits” are used, they mean the legal boundary of the borough.

“Cost(s) of collection” means the actual costs incurred or expended by the borough in its efforts to collect a debt, including the fee or commission described in a municipal contract as allowed to be earned by a collection agency for collecting municipal debt.

Delegation of Authority. Whenever a provision appears requiring or authorizing the head of a department or office of the borough to do some act or make certain inspections, it shall be construed as authorizing the head of the department or office to designate, delegate and authorize subordinates to perform the act or make the inspection unless the terms of the provision or section designate otherwise.

“Deputy presiding officer” means that person selected by the assembly as the vice mayor. (AS 29.20.160)

Gender. A word importing the masculine gender only shall also extend and be applied to females and to firms, partnerships and corporations.

Interpretation. In the interpretation and application of any provision of the KGB Code, it shall be held to be the minimum requirements adopted for the promotion of the public health, safety, comfort, convenience and general welfare. Where any provision of the KGB Code imposes greater restrictions upon the subject matter than the general provision imposed by the KGB Code, the provision imposing the greater restriction or regulation shall be deemed to be controlling.

Joint authority. All words giving a joint authority to three or more persons or officers shall be construed as giving such authority to a majority of such persons or officers.

Keeper, Proprietor. Whenever the word “keeper” or “proprietor” is used, it means persons, firms, associations, corporations, clubs and partnerships, whether acting by themselves or through a servant, agent or employee.

“Law,” when used in any ordinance or resolution, means and includes any provision of the Constitution of the United States, or the State of Alaska, and any statute of the United States or the State of Alaska, and any ordinance or resolution of the assembly.

“Mayor” means the elected mayor of the borough. (AS 29.20.220)

Month. Whenever the word “month” is used, it means a calendar month.

Name of Officer. Whenever the name of an officer is given, it shall be construed as though the words “of the Ketchikan Gateway Borough” followed it.

Nontechnical, Technical Words. Words and phrases shall be construed according to the common and approved usage of the language, but technical words and phrases and such others as may have acquired a peculiar and appropriate meaning in law shall be construed and understood according to such meaning.

Number. Words used in the singular number only, either as descriptive of persons or things, extend to and embrace the plural number; and words used in the plural number extend to and embrace the singular number.

Oath. The word “oath” includes the word “affirmation” in all cases where by law an affirmation may be substituted for an oath.

“Offense” means any violation of an ordinance punishable by criminal prosecution.

Or, And. “Or” may be read “and” and “and” may be read “or” if the context requires it.

Owner. Whenever the word “owner” is applied to a building or land, it includes the owner of record, part owner, joint owner, tenant in common, tenant in partnership, joint tenant or tenant by the entirety, of the whole or of a part of such building or land.

Person. Whenever the word “person” is used it shall include, mean and be applied to any natural individual, firm, partnership, association, joint stock company, joint venture, public or private corporation, or to a receiver, executor, trustee, conservator or other representative appointed by order of any court or in any other manner.

Personal Property. The term “personal property” means and includes goods, chattels, effects, evidences of rights of action, and all written instruments by which any pecuniary obligation or any right, title or interest in any real or personal estate shall be created, acknowledged, transferred, incurred, defeated, discharged or diminished.

Preceding, Following. Whenever the words “preceding” and “following” are used, they mean next before and next after, respectively.

“Premises” means place or places.

“Presiding officer” means the borough mayor. (AS 29.20.160)

“Property” means and includes personal property as defined herein and also every estate, interest or right in lands, tenements and hereditaments.

Published. Unless otherwise stated, “published” means appearing at least once in at least one of the following formats: posted and remaining on the Internet on a designated borough public notice website for the time period specified, and if no time is specified, for a period of at least 24 hours; in a newspaper of general circulation distributed in the Ketchikan Gateway Borough; or by other broadcast media. Notices for public meetings shall be published in accordance with AS 44.62.310.

“Real property” means land and improvements, all possessory rights and privileges appurtenant to the property, and includes personal property affixed to the land or improvements.

“Residence” means the place adopted by a person as his place of habitation, and to which, whenever he is absent, he has the intention of returning. When a person eats at one place and sleeps at another, the place where such person sleeps shall be deemed his residence.

“School board” means those persons elected to the Ketchikan Gateway Borough school board.

“Seal” means the corporate seal of the borough.

“Sidewalk” means any portion of a street between the curb line, or the lateral lines of a roadway, and the adjacent property line, intended for the use of pedestrians, excluding parkways.

Signature, Subscription. The “signature” or “subscription” of a person means and includes a mark when the person cannot write.

“State,” “the State” or “this State” means the State of Alaska.

“Street” means any street, avenue, boulevard, road, alley, lane, viaduct or other public highway in the borough.

“Sworn” means and includes the word “affirmed” in all cases where by law an affirmation may be substituted for an oath.

Tenant, Occupant. Whenever the word “tenant” or “occupant” is applied to a building or land, it means and includes any person holding a written or oral lease of, or who occupies the whole or a part of, such building or land, either alone or with others.

Tense. Words used in the past or present tense include the future as well as the past and present.

“Vice mayor” means the member of the assembly appointed by the mayor, subject to assembly approval, to act as mayor during the mayor’s temporary absence or disability. (AS 29.20.260)

“Week” means seven days.

Written, in Writing. The term “written” or “in writing” may include printing, engraving, lithographing or any other representation of words, letters or figures; except that in all cases where the signature of any person is required, it shall always be the proper handwriting or mark of such person.

“Year” means a calendar year. [Ord. No. 1827, §1, 4-3-17; Ord. No. 1737, §1, 9-2-14; Ord. No. 987, §1, 3-4-96; Ord. No. 684, §1, 2-21-89. Code 1974 §1.10.020; Code 1969 §§1.10.020, 1.10.100, 1.10.110.]

1.10.030 Headings.

The catchlines of the several sections of the KGB Code printed in boldface type, titles, headings, chapter heads, section and subsection heads or titles, editor’s notes, cross references and State law references, unless set out in the body of the section itself, contained in the KGB Code, do not constitute any part of the law, and are intended merely to indicate, explain, supplement or clarify the contents of a section. [Ord. No. 1907AS2, §1, 4-20-20. Code 1974 §1.10.035. Formerly 1.10.050.]

1.10.040 Computation of time.

(a)    The time in which an act provided by law is required to be done is computed by excluding the first day and including the last, unless the last day is a holiday, and then it is also excluded. If the last day falls on a Saturday or a Sunday, the last day shall be considered to be the next succeeding Monday.

(b)    Unless otherwise specifically provided, computation of time shall be based on calendar days including weekends. [Ord. No. 1907AS2, §1, 4-20-20; Ord. No. 473, §1, 9-19-83. Code 1974 §1.10.040; Code 1969 §1.10.090. Formerly 1.10.060.]

State Law Reference – Similar provisions, AS 1.10.080.

1.10.050 Revisor of ordinances.

(a)    The borough attorney is designated as revisor of ordinances. The revisor of ordinances shall revise for consolidation in the KGB Code all ordinances of a temporary or special nature enacted by the assembly.

(b)    The revisor shall edit and revise the ordinance for consolidation without changing the meaning of any ordinance in the following manner:

(1)    Renumber sections, parts of sections, articles, chapters and titles;

(2)    Change the wording of section or subsection titles, and change or provide new titles for articles, chapters and titles;

(3)    Change capitalization for the purpose of uniformity;

(4)    Substitute the proper designation for the terms “the preceding section,” “this ordinance” and like terms;

(5)    Correct manifest errors which are clerical, typographical or errors in spelling, or errors by way of additions or omissions;

(6)    Substitute gender neutral references where appropriate unless the context dictates otherwise; and

(7)    Correct manifest errors in references to laws, ordinances, or other sections of the KGB Code.

(c)    The revisor shall advise and assist the codifier. [Ord. No. 1907AS2, §1, 4-20-20; Ord. No. 1071, §1, 7-20-98. Code 1974 §1.10.060. Formerly 1.10.090.]

1.10.060 Fees and charges.

(a)    Unless a specific fee is expressly provided elsewhere, the borough assembly may, by resolution, establish fees for borough services and programs. In establishing such fees, the borough assembly may take into account, among other things, the costs of programs such as maintenance, operations, administration and other expenses. Such fees shall be paid, filed and deposited as provided in such resolution or as otherwise provided by ordinance or resolution. Fees shall be refunded only as provided in the resolution establishing such fees. Copies of any resolution setting fees shall be available for public inspection and copying.

(b)    Unless provided otherwise, in the event any fees or charges are not paid within 30 days after the date of billing such fees and charges shall be delinquent. Upon such fees or charges becoming delinquent, interest at the rate of one percent per month shall accrue and be charged on the whole of the unpaid principal amount of such fees and charges, from the date of delinquency until paid in full.

(c)    Notwithstanding other provisions of this section, delinquent accounts may be collected through any lawful means. The cost of collection, as defined in KGBC 1.10.020, of such accounts shall be added to the amount owed. [Ord. No. 1907AS2, §1, 4-20-20; Ord. No. 1737, §2, 9-2-14; Ord. No. 1308, §1, 5-3-04; Ord. No. 1131, §1, 2-22-00. Code 1974 §1.10.070. Formerly 1.10.100.]