Chapter 1.25
BOROUGH CODE ENFORCEMENT AND FINES

Sections:

1.25.010    Scope.

1.25.020    Purpose.

1.25.030    Code enforcement officer designation.

1.25.040    Application of fine schedule.

1.25.050    Fine schedule.

1.25.060    Parties to prohibited acts.

1.25.070    General penalty.

1.25.010 Scope.

This chapter addresses the authority to issue citations for borough code offenses and sets out a fine schedule for certain borough code violations for use in accordance with Alaska Rules of Minor Offense Procedure. [Ord. No. 1695, §2, 1-6-14; Ord. No. 1190, §1, 8-20-01. Code 1974 §5.120.010.]

1.25.020 Purpose.

(a)    The purpose of this chapter is to:

(1)    Provide a procedure for designating borough officials with authority to enforce portions of the borough code; and

(2)    Provide a standardized fine schedule for certain violations of the borough code.

(b)    These fine provisions are intended to provide a set penalty for certain listed violations of the borough code which are infractions. Fines set out in KGBC 1.25.050 are separate from and cumulative to penalties, costs, assessments or any other remedy allowed under other sections of the borough code and the police training surcharge imposed under AS 29.25.074 and KGBC 1.25.070(b). [Ord. No. 1190, §1, 8-20-01. Code 1974 §5.120.020.]

1.25.030 Code enforcement officer designation.

The manager may designate in writing as code enforcement officers those persons authorized to enforce any part of this code. Any officer so designated to enforce some or all provisions of the KGB Code shall be authorized to issue citations, or notices of violation where permitted, for any violation of this code which the officer is authorized to enforce in the manner provided by AS 12.25.180 through 12.25.230. Code enforcement officers appointed under the authority of this section shall not have the general authority of police officers. [Ord. No. 1190, §1, 8-20-01. Code 1974 §5.120.030.]

1.25.040 Application of fine schedule.

(a)    In accordance with AS 29.25.070(a), citations or complaints for violations for which a particular amount is provided as the fine under KGBC 1.25.050 may be disposed of as provided in AS 12.25.195 through 12.25.230 without a court appearance by submitting payment of the fine amount and the applicable statutory police training surcharge together with the citation number to the borough finance department prior to the application for entry of a default judgment.

(b)    For voluntary disposition after either arraignment or application for entry of a default judgment, the alleged violator may submit the amount set forth in the fine schedule, along with the required statutory police training surcharge, to the court.

(c)    In the event any penalties or fines are not paid within 30 days after the date they are due pursuant to the court’s order, such penalties or fines shall be delinquent.

(d)    Notwithstanding other provisions of this section, delinquent penalties and fines may be collected through any lawful means. The cost of collection of such accounts, as defined in KGBC 1.10.020, shall be added to the amount owed. [Ord. No. 1737, §3, 9-2-14; Ord. No. 1679, §1, 7-15-13; Ord. No. 1228, §1, 9-3-02; Ord. No. 1190, §1, 8-20-01. Code 1974 §5.120.040.]

1.25.050 Fine schedule.

Code Section

Offense

Penalty/Fine

2.110.030

Parking or stopping in bus stop

$25

4.50.080

Failure to register

$100

4.50.090

Failure to display certificate

$100

4.50.150

Failure to collect

First offense $100, second offense within 12 months $200, third offense within 12 months, $300

4.50.160(g)

Failure to file sales tax return

First offense $50, subsequent conviction for same return more than 90 days late $250

4.50.180(e)

Failure to keep books or comply with requirements for investigation

$250 per offense

4.50.180(f)

Failure to comply with a lawful directive

$50 first offense; $250 second offense within 180 days

4.50.220

Failure to file final return

$250

4.50.240

Improper use of exemption card

$100

4.50.250

Misrepresenting exemptions

$100

4.55.060

Failure to register

$100

4.55.140

Failure to file final return

$100

4.70.070

Sales without a license

$100

4.70.120(a)

Failure to display license

$100

4.70.120(d)

Sale during suspension

$300

4.70.160(a)

Importation of sale violation

$100

6.05.050

Interference with duties

$300

6.10.010

Failure to obtain dog license

$50

6.10.040

Failure to display license

$50

6.10.050

Failure to obtain animal establishment permit

$100

6.20.010

Failure to immunize

$100

6.20.030

Fraudulent use of immunization certificate

$300

6.20.040

Failure to report bite

$100

6.20.050(a)(1)

Failure to make animal available for inspection and quarantine

$300

6.20.050(b)

Failure to quarantine

$300

6.25.030

Failure to confine potentially dangerous animal

$300

6.25.040

Improper off-premises restraint of potentially dangerous animal

$300

6.25.060

Failure to display signs

$100

6.25.080

Failure to spay or neuter potentially dangerous animal

$300

6.35.010(a)

Dog at large

$100

6.35.010(b)

Dog not under restraint

$100

6.35.030

Failure to confine animal in heat

$300

6.35.050

Improper restraint

$100

6.35.060

Dog in prohibited area

First offense $100, second and subsequent offenses $200

6.40.020(c)

Permit animal to create excessive noise within 30 days of warning

$100

6.40.030

Animal defecation

$200

8.10.020

Violation of hours of operation

$100

8.15.060

Failure to dispose of waste in a sanitary manner

$200

8.20.020(b)

Abandoned vehicle

$200

8.20.040

Junk vehicle

$200

8.30.020

Sale/possession of fireworks

$100

8.35.020

Sale of drug paraphernalia

$200

8.40.050(a) – (e)

Littering

$100

10.05.030

Tie-down in unauthorized location

$50

10.10.020(a) – (c), (d)(1), (d)(3), (d)(6)

Illegal and overtime parking

$20

10.10.020(d)(2)

Handicap parking violations by persons operating vehicles without special permit or special license plate

$125 first conviction, $250 subsequent convictions

10.10.020(d)(2)

Handicap parking violations by persons operating vehicles with special permit or special license plate

$250 first conviction, $500 subsequent convictions

10.10.020(d)(4)

Overnight camping

$100

10.10.020(d)(5)

Failure to display registration

$100

10.10.020(d)(7)

Vehicle carrying trash or waste

$50

10.10.020(d)(9)

Illegal and overtime parking

$50

10.15.040

Improper fueling, passenger safety

$100

10.15.050

Improper fueling, fire dangers

$100

10.15.060

Spillage

$300

10.15.070(a)

Improper travel on terminal

$25

10.15.070(b)

Improper travel on roadway

$25

10.15.070(c)

Improper mooring at floatplane dock

$100

10.15.070(d-i)

Motor vehicle operation, repair and accident reporting

$50

10.15.080

Restricted area entry

$100

10.15.090(a)(3), (10), (11), (12), or (13)

Prohibited conduct at airport

$100

10.15.090(a)(1), (2), (4), (5), (6), (7), (8), (9), or (14); (b), (c) or (d)

Prohibited conduct, gambling, drugs, or weapons

$250

10.15.100

Fire hazards

$100

10.15.110

Commercial operations

$50

10.15.130

Soliciting, sales, advertisements

$100

10.15.140

Sanitation

$50

11.50.030(a)

Violation of posted rules at borough recreation properties with no damage or injury

$100

11.50.030(b)(1)

Littering

$100

11.50.030(b)(2)

Entering or remaining after posted hours

$100

11.50.030(b)(3)(a)

Placing borough recreation/personal property at risk of damage

$100

11.50.030(b)(3)(b)

Causing/provoking/engaging in fighting on borough recreational property with no damage or injury

$100

11.50.030(b)(3)(c)

Under the influence on borough recreation property with no damage/injury

$100

11.50.030(b)(3)(d)

Urinate/defecate/expectorate on borough recreation property with no damage/injury

$100

11.60.030(b), (c), (e)(3) or (e)(6)

Illegal or overtime parking

$20

11.60.030(e)(1)(a) or (e)(1)(b)

Blocking a fire lane or fire hydrant

$20

11.60.030(e)(2)(a), (e)(2)(c), or (e)(2)(d)

Illegal parking in a handicapped space

$250 first violation, $500 subsequent violations

11.60.030(e)(2)(b)

Illegal use of handicapped permit or license plate

$250 first conviction, $500 subsequent violations

11.60.030(e)(4)

Overnight camping

$100/violation

11.60.030(e)(5)

Failure to display registration

$100/violation

11.60.030(e)(7)

Carrying unsecured trash or waste

$50/violation

12.10.010(i)

Failure to post

$50

12.10.020(c)

Failure to post

$50

12.20.030

Failure to obtain permit

$200

12.20.110(c)

Use of public place without a permit

$200

12.20.110(d)

Work not in conformance with permit

$100

12.20.110(e)

Work in violation of stop work order

$250

12.25.020

Failure to apply for encroachment permit

$150

12.35.020

Failure to provide warning devices

$200

12.35.030

Failure to obtain permit

$200

12.35.040

Failure to obtain permit

$200

12.40.010

Obstruction of ditch

$150

12.40.030

Failure to clean spilled load

$300

12.45.020

Willfully or maliciously damaging a tree

$50

13.05.030

Improper connection

$250

13.10.020

Disposal of sewage in an unsanitary manner

$300

13.10.050(c)(1)

Improper connection to common outfall

$200

13.10.050(c)(2)

Failure to correct defects

$200

13.10.050(c)(3)

Operating noncompliant outfall

$200

13.10.060(b)

Installation or modification without permit

$200

13.10.080(c)

Failure to provide statement of maintenance schedule

$100

13.15.030

Connection to sewer without permit

$250

17.05.080

Sale or offer of unsubdivided lot

$100

17.35.020(b)

Use or display of unapproved street name, each offense

$100

17.35.030(c)(5)

Improper label on private road

$100

18.15.020(a)

Use, occupancy, construction in violation of zone limitations, per day

$200

18.15.020(b)(1)

Exceed height limit

$100

18.15.020(b)(2)

Exceed families limit

$100

18.15.020(b)(3)

Exceed maximum lot coverage

$100

18.15.020(b)(4)

Violate minimum yard requirements

$100

18.15.020(d)

Failure to meet minimum lot size

$100

18.15.020(e)

Unauthorized removal or sale of topsoil off site

$100

18.15.030(d)

Enlarging nonconforming structure

$100

18.15.030(f)

Improper expansion of nonconforming use of land

$100

18.20.040, 18.25.040, 18.30.040, 18.35.040

Failure to provide adequate off-street parking

$100

18.20.040(d) Footnote 1

Storage of more than one commercial vehicle in a residential zone (parking of not more than one commercial vehicle is allowed as an accessory use to a dwelling)

$100

18.20.050, 18.25.050, 18.30.050, 18.35.050

Failure to obtain sign permit

$100

18.55.020

Failure to obtain zoning permit

$100

18.55.020(g)

Failure to provide an as-built foundation survey

$100

[Ord. No. 1878, §1, 3-11-19; Ord. No. 1874, §1, 12-17-18; Ord. No. 1848S, §1, 2-5-18; Ord. No. 1826, §1, 3-20-17; Ord. No. 1796, §1, 4-18-16; Ord. No. 1789A, §2, 4-4-16; Ord. No. 1783, §4, 12-21-15; Ord. No. 1752SA, §3, 4-20-15; Ord. No. 1726, §2, 8-4-14; Ord. No. 1704A, §12, 4-7-14; Ord. No. 1708A, §1, 3-17-14; Ord. No. 1705, §1, 3-3-14; Ord. No. 1683AS, §2, 9-16-13; Ord. No. 1679, §2, 7-15-13; Ord. No. 1664A, §1, 5-6-2013; Ord. No. 1658A, §4, 3-18-2013; Ord. No. 1596S, §1, 10-17-11; Ord. No. 1585, §1, 3-7-11; Ord. No. 1577, §1, 12-6-10; Ord. No. 1556, §2, 3-15-10; Ord. No. 1513, §2, 3-16-09; Ord. No. 1502S, §5, 12-15-08; Ord. No. 1501, §1, 12-01-08; Ord. No. 1430, §2, 2-5-07; Ord. No. 1418, §2, 1-15-07; Ord. No. 1386S, §2, 12-18-06; Ord. No. 1382, §1, 2-6-06; Ord. No. 1322, §1, 8-16-04; Ord. No. 1274, §1, 7-21-03; Ord. No. 1236, §6, 10-21-02; Ord. No. 1208, §1, 4-15-02; Ord. No. 1190, §1, 8-20-01; Ord. No. 988, §2, 5-6-96. Code 1974 §5.120.050.]

1.25.060 Parties to prohibited acts.

The prohibition of an act in the KGB Code, and in any ordinance whether such ordinance shall be an addition to or an amendment of the KGB Code, also includes the causing, securing, aiding or abetting of another person to do said act; and such causing, securing, aiding or abetting of a prohibited act is itself a prohibited act. [Ord. No. 1907AS2, §1, 4-20-20. Code 1974 §1.10.025; Code 1969 §1.10.030. Formerly 1.10.030.]

State Law Reference – Accessories and accomplices, AS 11.16.

1.25.070 General penalty.

(a)    Every act prohibited by the KGB Code, or the omission or failure to perform any act required by the KGB Code, is a violation and, unless another penalty is elsewhere expressly provided for such act, omission or failure, every person convicted of a violation of any provision of this KGB Code shall be punished by a fine of not more than $1,000. Each act of violation and every day upon which any such violation shall occur shall constitute a separate offense.

The penalty provided by this section shall, unless a penalty is expressly elsewhere provided, apply to the amendment of any section of the KGB Code whether or not such penalty is reenacted in the amendatory ordinance.

(b)    In addition to any fines or other penalties imposed under the KGB Code, any person violating any of the provisions of the KGB Code shall pay any surcharges required by law. Such surcharges shall be collected in the same manner as fines unless or by such other means as may be practical.

(c)    In addition to the fine levied under subsection (a) of this section or pursuant to the fine schedule in KGBC 1.25.050, the court may order restitution, and may impose such probationary conditions as it deems appropriate. [Ord. No. 1907AS2, §1, 4-20-20; Ord. No. 1695, §1, 1-6-14; Ord. No. 1607, §1, 10-3-11; Ord. No. 1082, §1, 12-21-98. Code 1974 §1.10.030; Code 1969 §1.10.040. Formerly 1.10.040.]

State Law Reference – Penalties, AS 29.25.070.