Chapter 8.40
PROHIBITED ACTS AND PENALTIES

Sections:

8.40.010    Scope.

8.40.020    Pollution prohibited.

8.40.030    Water nuisances.

8.40.040    Air and land nuisances.

8.40.050    Littering prohibited.

8.40.060    Notice to public.

8.40.070    Enforcement authority.

8.40.010 Scope.

The provisions of this chapter apply in all areas of the borough located outside of the city of Ketchikan and city of Saxman. [Ord. No. 1182, §1, 5-21-01. Code 1974 §29.40.010.]

8.40.020 Pollution prohibited.

A person may not pollute or add to the pollution of the air, land, subsurface land, or water of the Ketchikan Gateway Borough. [Ord. No. 1182, §1, 5-21-01. Code 1974 §29.40.020.]

8.40.030 Water nuisances.

(a)    A person is guilty of creating or maintaining a nuisance if the person puts a dead animal carcass, or part of one, excrement, or a putrid, nauseous, noisome, decaying, deleterious, or offensive substance into, or in any other manner befouls, pollutes, or impairs the quality of a spring, brook, creek, branch, well or pond of water that is or may be used for domestic purposes.

(b)    A person who neglects or refuses to abate the nuisance upon order of the borough or an authorized enforcement officer is guilty of a violation punishable as provided in KGBC 8.20.100. In addition to the penalties set out in KGBC 8.20.100, the court may assess damages against the defendant for the expenses incurred by the borough to abate the nuisance. [Ord. No. 1182, §1, 5-21-01. Code 1974 §29.40.030.]

8.40.040 Air and land nuisances.

(a)    A person is guilty of creating or maintaining a nuisance if the person:

(1)    Places or deposits upon a lot, street, beach, or premises, or upon or anywhere within 200 feet of a public highway, any garbage, offal, dead animals, or any other matter or thing that would be obnoxious or cause the spread of disease or in any way endanger the health of the community;

(2)    Allows to be placed or deposited upon any premises owned by the person or under the person’s control, garbage, offal, dead animals, or any other matter or thing that would be obnoxious or offensive to the public or that would produce, aggravate, or cause the spread of disease or in any way endanger the health of the community;

(3)    Allows a junk vehicle, as defined in KGBC 8.20.010, to remain in public view on property within the borough for which the person is an owner, tenant, or other person in possession and control of the property for more than five days.

(b)    A person who neglects or refuses to abate the nuisance upon order of an enforcement officer or other person designated by the borough or authorized by state law is guilty of a violation and is punishable as provided in KGBC 8.20.100. In addition to the penalties set out in KGBC 8.20.100, the court may assess damages against the defendant for the expenses of abating the nuisance. [Ord. No. 1182, §1, 5-21-01. Code 1974 §29.40.040.]

8.40.050 Littering prohibited.

(a)    A person may not throw, drop, deposit, discard, or otherwise dispose of litter from a vehicle or otherwise on public or private property in the Ketchikan Gateway Borough or in waters in the borough or under borough jurisdiction unless:

(1)    The property is designated by a state agency, a municipality or the borough as a site of the sanitary disposal of garbage or refuse, and the person is authorized to use the site for that purpose; or

(2)    Litter, including house garbage, waste and refuse, is placed in a litter or garbage receptacle so that the contents are not openly exposed to the elements, domestic or wild animals, upon public or private property or water in the borough or under borough jurisdiction.

(b)    A vehicle carrying material may not be driven or moved on a public highway or right-of-way unless it is constructed, loaded, or covered to prevent its load from dropping, sifting, leaking, or otherwise escaping from the vehicle. This subsection does not apply to a vehicle used (1) to deposit salt or sand to secure traction; (2) by a public agency to clean or maintain highways; or (3) to transport agricultural, mining, or timber products. A person who operates a vehicle from which an object has fallen or escaped that obstructs or may endanger travel upon a public highway or right-of-way shall immediately remove the object at the person’s own expense or pay the cost of removal incurred by the borough or another person or governmental entity.

(c)    A person may not throw, deposit or allow to be thrown or deposited upon a highway or vehicular way or area litter, garbage, glass, nails, tacks, wire, cans, oil or any other substance. A person who throws, deposits, or allows to be thrown or deposited such substances shall immediately remove or cause to be removed those substances. A person removing a wrecked or damaged vehicle from a highway shall remove any glass or other substance dropped upon the highway from that vehicle.

(d)    A person may not divert or drain water to or upon a highway, nor may a person push or otherwise deposit snow or ice onto a highway in a manner or in quantities which may constitute a hazard to snow removal equipment or other traffic.

(e)    A person may not haul or drag any material or object along or over a highway or vehicular way or area in a manner that allows or causes a portion of the material or object to rest upon or come in contact with the surface of the highway or vehicular way or area if the material or object is likely to damage or damages the surface or creates a hazard to other vehicles or pedestrians.

(f)    A person who violates this section is guilty of a violation punishable as provided in KGBC 8.20.100. In addition, the court may order the person to gather and properly dispose of litter in an area and for a length of time determined by the court. [Ord. No. 1182, §1, 5-21-01. Code 1974 §29.40.050.]

8.40.060 Notice to public.

The penalties imposed for littering shall be posted along the public highways, at visitor centers, at entrances to parks and recreational areas, at public beaches, and other publicly owned places the manager deems necessary to accomplish the purposes of this chapter. [Ord. No. 1182, §1, 5-21-01. Code 1974 §29.40.060.]

8.40.070 Enforcement authority.

(a)    The following persons are authorized to enforce this title:

(1)    A state employee authorized under AS 46.03.890;

(2)    A borough employee authorized by the borough manager;

(3)    A police officer of the state, including municipal police officers and Alaska State Troopers.

(b)    Inspection and enforcement employees designated by the manager as provided in subsection (a)(2) of this section are peace officers of the borough in the performance of their duties under this chapter. [Ord. No. 1182, §1, 5-21-01. Code 1974 §29.40.070.]