Chapter 1.15
ORDINANCES

Sections:

1.15.010    Acts required to be by ordinance.

1.15.020    Form of ordinances.

1.15.030    Ordinance procedure.

1.15.040    Time ordinances and resolutions take effect.

1.15.050    Emergency ordinances.

1.15.060    Expiration of temporary ordinance.

1.15.070    Borough mayor authorized to sign resolutions and ordinances – Failure or refusal to sign not to invalidate resolutions and ordinances.

1.15.080    Code of regulations.

1.15.090    Severability.

1.15.100    Repeal.

O.B.A. – Applicability of ordinances to only part of the borough, 72-12.

Cross Reference – Duty of attorney relative to ordinances, KGBC 2.65.100.

State Law Reference – Municipal enactments, AS 29.25.010 through 29.25.080.

1.15.010 Acts required to be by ordinance.

In addition to other actions which this title requires to be by ordinance, the assembly shall use ordinances to:

(a)    Establish, alter or abolish municipal departments;

(b)    Fix the compensation of members of the assembly;

(c)    Provide for a fine or other penalty, or establish rules or regulations for violation of which a fine or other penalty is imposed;

(d)    Provide for the levying of taxes;

(e)    Make appropriations and supplemental appropriations or transfer appropriations;

(f)    Grant, renew or extend a franchise;

(g)    Regulate the rate charged by a public utility;

(h)    Adopt, modify or repeal the comprehensive plan, zoning and subdivision ordinances, building and housing codes, and official map;

(i)    Approve the transfer of a power to a borough from a city;

(j)    Designate the borough seat;

(k)    Provide for retention or sale of tax-foreclosed property;

(l)    Exempt contractors from compliance with general requirements relating to payment and performance bonds in the construction or repair of municipal public works projects within the limitations set out in AS 36.25.025. [Ord. No. 393, §16, 8-17-91. Code 1974 §5.41.005.]

State Law Reference – Similar provisions, AS 29.25.010.

1.15.020 Form of ordinances.

Ordinances are introduced in writing in the form required by the assembly. [Code 1974 §5.41.010.]

State Law Reference – Similar provisions, AS 29.25.020.

1.15.030 Ordinance procedure.

(a)    An ordinance may be presented by a member or committee of the assembly, the borough mayor, or the borough manager.

(b)    The department and/or officials which are affected by an ordinance or required to enforce an ordinance will review the ordinance and submit a report or recommendation to the borough manager for the assembly’s information.

(c)    An ordinance shall be set for public hearing by the affirmative vote of a majority of the total authorized membership of the assembly. A summary of the ordinance and the time and place of the hearing shall be published by the clerk. The notice shall be published not less than five days prior to the date of public hearing in accordance with AS 29.25.020 and 29.71.800.

(d)    Copies of the ordinance must be available to all persons present or the ordinance must be read in full. The assembly shall hear all interested persons wishing to be heard.

(e)    After the hearing the assembly shall consider the ordinance and may adopt it with or without amendment.

(f)    The clerk shall make printed copies of adopted ordinances available. Each ordinance after adoption shall be codified. [Ord. No. 1827, §2, 4-3-17; Ord. No. 393, §17, 8-17-81. Code 1974 §5.41.015.]

State Law Reference – Similar provisions, AS 29.25.020.

1.15.040 Time ordinances and resolutions take effect.

(a)    Unless otherwise specifically provided in individual ordinances or resolutions to the contrary, all ordinances and resolutions take effect on the day following the next regular meeting after the adoption of said ordinance or resolution.

(b)    An ordinance or resolution which by its terms is to take effect on a specified day, unless otherwise provided in the ordinance, takes effect at 12:00 noon on the day specified.

(c)    An ordinance or resolution which by its terms is to take effect from and after a specified day, takes effect on midnight of the day specified. [Ord. No. 217, §2, 4-19-76. Code 1974 §5.41.020; Code 1969 §1.10.080.]

1.15.050 Emergency ordinances.

(a)    To meet a public emergency, the assembly may adopt ordinances effective on adoption. Every emergency ordinance must contain a finding by the assembly that an emergency exists and a statement of the facts upon which the finding is based. The ordinance may be adopted, amended and adopted, or rejected at the meeting at which it is introduced. The affirmative vote of all members present, or the affirmative vote of three-fourths of the total membership, whichever is less, is required for adoption. The assembly must print and make available copies of adopted emergency ordinances.

(b)    An emergency ordinance may not be used to levy taxes, to grant, renew or extend a franchise, or to regulate the rate charged by a public utility for its services.

(c)    Emergency ordinances are effective for 60 days. [Code 1974 §5.41.025.]

State Law Reference – Similar provisions, AS 29.25.030.

1.15.060 Expiration of temporary ordinance.

The expiration of a temporary ordinance does not release or extinguish any penalty, forfeiture or liability incurred or right accruing or accrued under such ordinance unless the temporary ordinance so provides expressly; and such ordinance shall be treated as still remaining in force for the purpose of sustaining any proper action or prosecution for the enforcement of such penalty, forfeiture or liability or right accruing or accrued. [Code 1974 §5.41.030; Code 1969 §1.10.070.]

1.15.070 Borough mayor authorized to sign resolutions and ordinances – Failure or refusal to sign not to invalidate resolutions and ordinances.

The borough mayor is authorized to sign resolutions and ordinances of the assembly of the Ketchikan Gateway Borough, Alaska; provided, however, that failure or refusal of the borough mayor so to sign does not invalidate or void the said resolutions or ordinances of the said assembly. [Res. No. 174, §1, 11-4-74. Code 1974 §5.41.032.]

Cross Reference – For similar provisions, see KGBC 2.05.070.

1.15.080 Code of regulations.

The assembly may in a single ordinance adopt or amend by reference provisions of a standard published code of regulations. The regular ordinance procedure applies except that neither the ordinance nor its amendments need be distributed to the public or read in full at the hearings. For a period of fifteen (15) days before adoption, at least five (5) copies of the code must be made available for public inspection at a time and place set out in the hearing notice. Only the adopting ordinance need be printed after adoption. The assembly shall provide for the adopted code to be sold to the public. [Code 1974 §5.41.035.]

O.B.A. – Procedure for adoption of building codes outside city limits, 73-1.

State Law Reference – Similar provisions, AS 29.25.040.

1.15.090 Severability.

Any ordinance heretofore or hereafter adopted by the assembly which lacks a severability clause shall be construed as though it contained the clause in the following language: “If any provision of this ordinance, or the application thereof to any person or circumstances is held invalid, the remainder of this ordinance and the application to other persons or circumstances shall not be affected thereby.” [Ord. No. 1907AS2, §1, 4-20-20. Code 1974 §1.10.045; Code 1969 §1.10.060. Formerly 1.10.070.]

1.15.100 Repeal.

The repeal or amendment of any ordinance does not release or extinguish any penalty, forfeiture or liability incurred or right accruing or accrued under such ordinance, unless the repealing or amending ordinance expressly so provides. The ordinance shall be treated as remaining in force for the purpose of sustaining any proper action or prosecution for the enforcement of the right, penalty, forfeiture or liability.

When any ordinance repealing a former ordinance, section or provision is itself repealed, such repeal does not revive the former ordinance, section or provision unless it is expressly so provided. [Ord. No. 1907AS2, §1, 4-20-20. Code 1974 §1.10.050; Code 1969 §1.10.070. Formerly 1.10.080.]