CHAPTER 1.10: BOROUGH POWERS

Section

Article I. Powers Generally

1.10.010    General powers

1.10.020    Nonareawide powers [Repealed]

1.10.030    Acquisition of additional powers [Repealed]

1.10.040    Investigation [Repealed]

1.10.050    Election [Repealed]

1.10.060    Expenditure of revenues [Repealed]

1.10.070    Service areas

1.10.080    Transferred powers [Repealed]

1.10.090    Transfer by city [Repealed]

1.10.091    Acquisition of additional powers; general

1.10.092    Acquisition of additional powers; election

1.10.093    Acquisition of additional powers; transfer by city

Article II. Areawide Powers

1.10.100    Scope

1.10.105    Assessment and collection

1.10.110    Education

1.10.115    Planning and zoning

1.10.120    Parks and recreation

1.10.121    Delegation of parks and recreational powers to the city of Palmer

1.10.122    Delegation of parks and recreational powers to the city of Wasilla

1.10.123    Relinquishment of parks and recreational powers by the city of Wasilla

1.10.124    Relinquishment of parks and recreational powers by the city of Palmer

1.10.125    Ports, harbors and wharves

1.10.126    Delegation of parks and recreational powers to the city of Houston

1.10.127    Relinquishment of parks and recreational powers by the city of Houston

1.10.130    Ambulance service

1.10.135    Transportation systems

1.10.140    Animal control [Repealed]

1.10.145    Water pollution control [Repealed]

1.10.150    Air pollution control

1.10.155    Day care facilities

1.10.160    Historic preservation

1.10.165    Transient accommodations taxation

1.10.170    Restriction of motorized equipment on lakes and waterways

Article III. Nonareawide Powers

1.10.200    Powers

1.10.210    Fireworks

1.10.215    Motor vehicles and operators

1.10.220    Snow vehicles

1.10.225    Solid waste

1.10.230    Libraries

1.10.235    Septic tank waste disposal

1.10.240    Economic development

1.10.245    Nudity

1.10.250    Limited health and social service

1.10.255    Natural gas local improvement districts

1.10.260    Electric local improvement districts

1.10.265    Animal control

1.10.270    Water pollution control

1.10.275    Housing rehabilitation and improvement

1.10.280    Roads and trails

1.10.285    Emergency services communication center

1.10.300    Regulating discharge of firearms

ARTICLE I. POWERS GENERALLY

1.10.010 GENERAL POWERS.

(A)    The borough has the following general powers:

(1)    to establish and prescribe the functions of municipal departments, offices and agencies;

(2)    to establish and prescribe salaries for the elected and appointed municipal officers and employees;

(3)    to make investigations of the affairs of the municipality and make inquiries into the conduct of a municipal department;

(4)    to enter into agreements, including those for cooperative or joint administration of any functions or powers with a local government, with the state, or with the United States;

(5)    to require periodic and special reports from a municipal department to be submitted through the municipal executive;

(6)    to sue and be sued;

(7)    to levy taxes and special assessments, and to impose liens for their enforcement;

(8)    to enforce ordinances and to prescribe penalties for violations;

(9)    to acquire, manage, control, use and dispose of real and personal property for a purpose authorized under this title, federal law, or other law, or in accordance with the law, and irrespective of whether or not the property is situated inside or outside the municipal boundaries;

(10)    to acquire membership in organizations which promote legislation for the good of the municipality;

(11)    to expend funds for community purposes for the good of the municipality;

(12)    to borrow money and issue evidences of indebtedness;

(13)    to combine two or more appointive or administrative offices;

(14)    to regulate the operation and use of a municipal right-of-way, facility, or service; and

(15)    provide facilities or services for the confinement and care of prisoners and enter into agreements with the state, another municipality, or any person relating to the confinement and care of prisoners.

(Ord. 04-081, § 2, 2004; Ord. 94-001AM, § 2 (part), 1994; Ord. 84-34, § 2 (part), 1984)

1.10.020 Nonareawide Powers. [Repealed by Ord. 94-001AM, § 2 (part), 1994]

1.10.030 Acquisition of Additional Powers. [Repealed by Ord. 94-001AM, § 2 (part), 1994 and recodified at MSB 1.10.092]

1.10.040 Investigation. [Repealed by Ord. 94-001AM, § 2 (part), 1994 and recodified at MSB 1.10.092]

1.10.050 Election. [Repealed by Ord. 94-001AM, § 2 (part), 1994 and recodified at MSB 1.10.092]

1.10.060 Expenditure of Revenues. [Repealed by Ord. 94-001AM, § 2 (part), 1994 and recodified at MSB 3.04.145]

1.10.070 SERVICE AREAS.

(A)    Service areas to provide special services within the borough may be established, operated, altered, or abolished by the assembly by ordinance.

(B)    [Repealed by Ord. 94-001AM, § 2 (part), 1994 and recodified in part at MSB 5.15.019]

(C)    [Repealed by Ord. 94-001AM, § 2 (part), 1994]

(D)    [Repealed by Ord. 94-001AM, § 2 (part), 1994]

(E)    [Repealed by Ord. 94-001AM, § 2 (part), 1994]

(Ord. 94-001AM, § 2 (part), 1994; Ord. 84-34, § 2 (part), 1984)

1.10.080 Transferred Powers. [Repealed by Ord. 94-001AM, § 2 (part), 1994 and recodified at MSB 1.10.093]

1.10.090 Transfer by City. [Repealed by Ord. 94-001AM, § 2 (part), 1994 and recodified at MSB 1.10.093]

1.10.091 ACQUISITION OF ADDITIONAL POWERS; GENERAL.

(A)    The borough may acquire additional powers by transfer of the power by a city or by holding an election on the question, or as otherwise provided by law.

(Ord. 04-081, § 3, 2004; Ord. 94-001AM, § 2 (part), 1994)

1.10.092 ACQUISITION OF ADDITIONAL POWERS; ELECTION.

(A)    An election on the question of adding additional areawide or nonareawide power may be initiated in two ways.

(1)    a number of voters equal to 15 percent of the number of votes cast in the last regular election in the area, either areawide or nonareawide, in which election is to be held, may file a petition with the clerk; or

(2)    the assembly may place the question on the ballot.

(B)    The clerk shall certify whether the petition filed under paragraph (A)(1) contains the required number of signatures.

(C)    Within 30 calendar days after the petition is certified or the assembly proposes acquiring the new power, the assembly shall hold one or more public hearings on the question of acquiring additional powers. The assembly shall then evaluate the borough’s ability to exercise the additional powers, and make its finding public within 30 days of the final public hearing.

(D)    The assembly shall, within 60 calendar days after its findings have been made public, order an election on the question of acquiring the additional powers. For acquisition of an areawide power, the election shall be held areawide. For acquisition of a nonareawide power, the election shall be held nonareawide. The election shall be held at least 30 days after the order for the election, and no later than the next regular election occurring after the 30 calendar-day period.

(E)    If more than one power is proposed, each shall appear separately on the ballot.

(F)    The mayor shall certify the election results to the department of community and regional affairs. If a majority of voters approve acquisition of the additional power, the borough shall assume the added power within 30 calendar days of certification of the election results.

(Ord. 94-001AM, § 2 (part), 1994)

1.10.093 ACQUISITION OF ADDITIONAL POWERS; TRANSFER BY CITY.

(A)    Any city in the borough may transfer to the borough any of its powers or functions, subject to approval of the assembly. The borough shall exercise all powers, rights, and duties transferred to it by cities under provisions of law. The borough shall succeed to all assets and liabilities related to the transferred power in accordance with state law.

(Ord. 04-081, § 4, 2004; Ord. 94-001AM, § 2 (part), 1994)

ARTICLE II. AREAWIDE POWERS

1.10.100 SCOPE.

(A)    The borough shall exercise on an areawide basis the areawide powers provided by law. Areawide powers are those powers which are exercised both inside and outside cities of any class within the borough. No city may exercise any areawide power once that power is being exercised by the borough, except to the extent authorized by the assembly by ordinance those areawide powers that may be delegated back to cities.

(Ord. 04-081, § 5, 2004; Ord. 94-001AM, § 2 (part), 1994; Ord. 87-128, § 2, 1987; Ord. 84-34, § 2 (part), 1984)

1.10.105 ASSESSMENT AND COLLECTION.

(A)    The borough shall assess and collect all property, sales and use taxes levied within its boundaries as provided by statutes. Taxes levied by a city and collected by the borough shall be returned in full to a levying city.

(B)    [Repealed by Ord. 94-001AM, § 2 (part), 1994]

(Ord. 94-001AM, § 2 (part), 1994; Ord. 84-34, § 2 (part), 1984)

1.10.110 EDUCATION.

(A)    The borough constitutes a borough school district and establishes, maintains, and operates a system of public schools on an areawide basis as provided by statute.

(B)    [Repealed by Ord. 94-001AM, § 2 (part), 1994]

(Ord. 94-001AM, § 2 (part), 1994)

1.10.115 PLANNING AND ZONING.

(A)    The borough shall provide for planning, platting, and zoning on an areawide basis, except as provided in subsections (B) and (C) of this section.

(B)    [Repealed by Ord. 94-001AM, § 2 (part), 1994]

(C)    The borough may, by ordinance, delegate to each city within the borough the responsibility for planning, platting and land use regulation powers and duties within that city if consented to by city ordinance.

(D)    The borough reserves the right to revoke any power or duty delegated under this section without obtaining the consent of affected cities.

(E)    The borough may compensate cities for planning expenses on an annual basis, subject to approval of the assembly.

(Ord. 04-081, § 6, 2004; Ord. 94-001AM, § 2 (part), 1994; Ord. 91-108AM, § 2, 1991; Ord. 84-34, § 2 (part), 1984)

1.10.120 PARKS AND RECREATION.

(A)    The borough shall exercise parks and recreation powers on an areawide basis except as provided in subsections (E) and (F) of this section. In the exercise of parks and recreation power, the borough may assist municipalities, nonprofit associations or corporations, and parks-related service areas to improve or to develop or maintain parks and recreation facilities, to acquire land and recreation-related equipment and materials, and to conduct recreation programs.

(B)    In the exercise of its parks and recreation power, the borough may contract with cities or nonprofit corporations and make arrangements with service areas to provide, improve, develop and maintain parks and recreation facilities, to acquire recreation-related equipment and materials, and to conduct recreation programs. However, the cities, nonprofit associations or nonprofit corporations, or service areas shall meet specifications the borough may prescribe. The specifications shall include parks and recreation facilities, equipment and programs to meet the needs and to be made available to all citizens of the borough.

(C)    Records of all activities shall be kept and transmitted to the manager as prescribed by the manager.

(D)    Applications for funds, other than by incorporated cities, shall be made as prescribed by the assembly by resolution.

(E)    The borough may, by ordinance, delegate to each city within the borough the responsibility for parks and recreation powers for that city, if consented to by city ordinance.

(F)    The borough reserves the right to revoke any power or duty delegated under this section by ordinance and without the consent of the affected city.

(Ord. 04-081, § 7, 2004; Ord. 00-032, § 2, 2000; Ord. 94-001AM, § 2 (part), 1994; Ord. 89-9, § 2, 1989; Ord. 87-55, § 2, 1987; Ord. 84-34, § 2 (part), 1984)

1.10.121 DELEGATION OF PARKS AND RECREATIONAL POWERS TO THE CITY OF PALMER.

(A)    The borough has the authority pursuant to MSB 1.10.120(E), to delegate to each city within the borough the responsibility for parks and recreation powers for that city, if consented to by city ordinance.

(B)    The borough delegates to the city of Palmer a portion of its areawide parks and recreational authority over certain parks and other park and recreational activities within the city’s boundaries, except for Matanuska River Park.

(C)    As part of the borough’s delegation, the city of Palmer may expand the parks and recreation land and facilities in Palmer and may acquire new parks and recreation land and facilities in Palmer. The city may expand and acquire such land and facilities through purchase, lease, gift, exchange, eminent domain, or any other manner of acquisition; provided however, if such manner of expansion or acquisition of any particular park and recreation land or facilities is through a grant that requires the performance of any on-going duties by the city, its successors or assigns, then the city may not acquire such land or facilities without first obtaining the borough’s approval by means of a borough resolution.

(D)    To the extent allowed by law, the city of Palmer shall indemnify, defend, and hold and save the borough, its elected and appointed officers, agents, and employees, harmless from liability of any nature or kind including costs, expenses, and attorney’s fees, for or on account of any and all legal actions or claims of any character resulting from injuries, death, economic loss, or damages sustained by any person or property arising from the city of Palmer, or its officers’, agents’, employees’, and subcontractors’ performance, acceptance, or exercise of parks and recreational powers and activities, in any way whatsoever.

(E)    In the event that the borough revokes this delegation by ordinance without the consent of the city, the borough shall pay the city of Palmer the fair market value, as determined by appraisal, of all city of Palmer owned property taken by the borough as of the date the borough revokes this delegation; upon receipt of such consideration, the city of Palmer shall convey by deed those facilities. In no event shall the borough pay the city of Palmer for property owned by the borough prior to the effective date of the acceptance of the delegation by the city of Palmer, such being the Matanuska River Park, except for property acquired by deed with sufficient consideration to the borough.

(F)    In the event the borough revokes this delegation without the consent of the city, the borough shall assume and duly perform all on-going duties required of the city, its successors or assigns that the borough approved by ordinance under subsection (C) of this section.

(Ord. 04-081, § 8, 2004; Ord. 02-098AM, § 2, 2002)

1.10.122 DELEGATION OF PARKS AND RECREATIONAL POWERS TO THE CITY OF WASILLA.

(A)    The borough has the authority pursuant to MSB 1.10.120(E), to delegate to each city within the borough the responsibility for parks and recreation powers in that city, if consented to by city ordinance.

(B)    The borough delegates to the city of Wasilla a portion of its areawide parks and recreational authority over certain parks and other park and recreational activities within its boundaries, except Brett Memorial Ice Arena.

(C)    The city of Wasilla may expand the parks and recreation land and facilities in Wasilla through purchase, lease, gift of exchange or eminent domain, or any other manner of acquisition. The city may expand and acquire such land and facilities through purchase, lease, gift, exchange, eminent domain, or any other manner of acquisition; provided, however, if such manner of expansion or acquisition of any particular parks and recreation land or facilities is through a grant that requires the performance of on‑going duties by the city, its successors and assigns, the city may not acquire such land or facilities without first obtaining the borough’s approval by resolution.

(D)    To the extent allowed by law, the city of Wasilla shall indemnify, defend, and hold and save the borough, its elected and appointed officers, agents, and employees, harmless from liability of any nature or kind including costs, expenses, and attorney’s fees, for or on account of any and all legal actions or claims of any character resulting from injuries, death, economic loss, or damages sustained by any person or property arising from the city of Wasilla, or its officers’, agents’, employees’, and subcontractors’ performance, acceptance, or exercise of parks and recreational powers and activities, in any way whatsoever.

(E)    In the event that the borough revokes this delegation by ordinance without the consent of the city, the borough shall pay the city of Wasilla the fair market value, as determined by appraisal, for all city of Wasilla owned property taken by the borough as of the date the borough’s revocation becomes effective. In no event shall the borough pay the city of Wasilla for property owned by the borough prior to the effective date of the acceptance of the delegation by the city of Wasilla, except for property acquired by deed with sufficient consideration to the borough.

(F)    In the event the borough revokes this delegation with the consent of the city, the borough shall assume and duly perform all on-going duties required of the city, its successors and assigns, that the borough approved by resolution under subsection (C) of this section.

(Ord. 13-103, § 2, 2013; Ord. 04-081, § 9, 2004; Ord. 00-032 § 3, 2000)

1.10.123 RELINQUISHMENT OF PARKS AND RECREATIONAL POWERS BY THE CITY OF WASILLA.

(A)    If the city of Wasilla seeks to relinquish the authority delegated pursuant to MSB 1.10.120 and MSB 1.10.122, the city must adhere to the following procedures:

(1)    The Wasilla City Council must, by ordinance, request that the borough resume all authority and duties delegated by this chapter.

(2)    The relinquishment of authority by the city of Wasilla shall not take effect until the borough has rescinded the delegated authority by ordinance.

(3)    The city shall remain responsible for the appropriation of funds for the continued operation and maintenance for parks and recreational activities for the remainder of the fiscal year after the assembly’s approval of the relinquishment of parks and recreational powers. The city shall remain responsible for the cost and completion of parks and recreational capital projects underway at the time of the relinquishment of its parks and recreational activities.

(4)    All park and recreation facilities returned to the borough by the city of Wasilla, shall be returned in the same or better condition at the time the city of Wasilla obtained parks and recreational powers or obtained the facility, whichever is later.

(Ord. 04-081, § 10, 2004; Ord. 00-032, § 4, 2000)

1.10.124 RELINQUISHMENT OF PARKS AND RECREATIONAL POWERS BY THE CITY OF PALMER.

(A)    If the city of Palmer seeks to relinquish the authority delegated pursuant to MSB 1.10.120 and MSB 1.10.121, the city must adhere to the following procedures:

(1)    The Palmer City Council must, by ordinance, request that the borough resume all authority and duties delegated by this chapter.

(2)    The relinquishment of authority by the city of Palmer shall not take effect until the borough has rescinded the delegated authority by ordinance.

(3)    Regardless of any provisions herein to the contrary, the city of Palmer shall remain responsible for the appropriation of funds for the continued operation and maintenance for parks and recreational activities for the remainder of the city of Palmer’s fiscal year after the assembly’s approval of the relinquishment of parks and recreational powers. The city shall remain responsible for the cost and completion of parks and recreational capital projects underway at the time of the relinquishment of its parks and recreational activities.

(4)    All park and recreation facilities returned to the borough by the city of Palmer shall return in the same or better condition at the time the city of Palmer obtained parks and recreational powers or obtained the facility, whichever is later.

(Ord. 04-081, § 11, 2004; Ord. 02-98AM, § 3, 2002)

1.10.125 PORTS, HARBORS AND WHARVES.

The borough may exercise the power to provide ports, harbors, wharves, docks, elevators, storage yards and other related marine facilities as approved by the voters and as provided by statute.

(Ord. 94-001AM, § 2 (part), 1994; Ord. 87-128, § 3, 1987; Ord. 84-34, § 2 (part), 1984)

1.10.126 DELEGATION OF PARKS AND RECREATIONAL POWERS TO THE CITY OF HOUSTON.

(A)    The borough has the authority pursuant to MSB 1.10.120(E) to delegate to each city within the borough the responsibility for parks and recreation powers if consented to by city ordinance.

(B)    The borough delegates to the city of Houston a portion of its areawide parks and recreational authority within the Little Susitna River Campground and Day Use Area park located within city boundaries.

(C)    As part of the borough’s delegation, the city of Houston may expand the parks and recreation land and facilities in Houston and may acquire new parks and recreation land and facilities in Houston. The city may expand and acquire such land and facilities through purchase, lease, gift, exchange, or any other manner of acquisition; provided, however, if such manner of expansion or acquisition of any particular park and recreation land or facilities is through a grant that requires the performance of any on-going duties by the city, its successors or assigns, then the city may not acquire such land or facilities without first obtaining the borough’s approval by means of a borough resolution.

(D)    The city of Houston shall indemnify, defend, and hold and save the borough, its elected and appointed officers, agents, and employees, harmless from liability of any nature or kind including costs, expenses, and attorney’s fees, for or on account of any and all legal actions or claims of any character resulting from injuries, death, economic loss, or damages sustained by any person or property arising from the city of Houston, or its officers’, agents’, employees’, and subcontractors’ performance, acceptance, or exercise of parks and recreational powers and activities, in any way whatsoever.

(E)    In the event the borough revokes this delegation without the consent of the city, the city shall remain responsible for and duly perform all on-going duties required of the city, its successors or assigns, that the borough approved under subsection (C) of this section.

(Ord. 18-029, § 2, 2018)

1.10.127 RELINQUISHMENT OF PARKS AND RECREATIONAL POWERS BY THE CITY OF HOUSTON.

(A)    If the city of Houston seeks to relinquish the authority pursuant to MSB 1.10.120 and 1.10.126, the city must adhere to the following procedures:

(1)    The Houston city council must, by ordinance, request that the borough resume all authority delegated by this section.

(2)    The relinquishment of authority by the city of Houston shall not take effect until the borough has rescinded the delegated authority by ordinance.

(3)    The city of Houston shall remain responsible for the appropriation of funds for the continued operation and maintenance for parks and recreational activities within the city. The city shall remain responsible for the cost and completion of parks and recreational capital projects underway within the city at the time of the relinquishment of its parks and recreational powers.

(Ord. 18-029, § 3, 2018)

1.10.130 AMBULANCE SERVICE.

The borough may exercise the power to provide ambulance service as approved by the voters.

(Ord. 94-001AM, § 2 (part), 1994; Ord. 84-34, § 2 (part), 1984)

1.10.135 TRANSPORTATION SYSTEMS.

The borough may exercise the power necessary to provide public facilities and services for areawide transportation systems under A.S. 29.35.210(b)(1).

(Ord. 94-001AM, § 2 (part), 1994; Ord. 84-34, § 2 (part), 1984)

1.10.140 Animal Control. [Repealed by Ord. 94-001AM, § 2 (part), 1994 and recodified at MSB 1.10.265]

1.10.145 Water Pollution Control. [Repealed by Ord. 94-001AM, § 2 (part), 1994 and recodified at MSB 1.10.270]

1.10.150 AIR POLLUTION CONTROL.

The borough may exercise the power to regulate and control air pollution and quality areawide as provided under A.S. 29.35.210(b)(3).

(Ord. 94-001AM, § 2 (part), 1994; Ord. 84-34, § 2 (part), 1984)

1.10.155 DAY CARE FACILITIES.

The borough may exercise the power to license and regulate day care facilities areawide as provided in A.S. 29.35.210(b)(5).

(Ord. 94-001AM, § 2 (part), 1994; Ord. 84-34, § 2 (part), 1984)

1.10.160 HISTORIC PRESERVATION.

The borough may exercise the areawide power to preserve, maintain and protect historic sites, buildings and monuments situated within the borough, as approved by the voters.

(Ord. 94-001AM, § 2 (part), 1994; Ord. 87-7, § 2, 1987)

1.10.165 TRANSIENT ACCOMMODATIONS TAXATION.

The borough may exercise the areawide power to levy, collect and enforce a transient accommodations tax within the borough, as approved by the voters pursuant to MSB 3.32.

(Ord. 94-001AM, § 2 (part), 1994; Ord. 89-3, § 2, 1989)

1.10.170 RESTRICTION OF MOTORIZED EQUIPMENT ON LAKES AND WATERWAYS.

The borough may exercise the power to restrict the use of motorized equipment on certain lakes and waterways within the borough as approved by the voters on February 1, 1994.

(Ord. 21-078, § 2, 2021)

ARTICLE III. NONAREAWIDE POWERS

1.10.200 POWERS.

(A)    In addition to the powers granted this second-class borough by law in its incorporation, or powers previously adopted by the voters, the borough may exercise only those nonareawide which are among the powers of a general-law municipality and either:

(1)    specified by petition or by the assembly and approved by the voters for adoption; or

(2)    added as otherwise provided by law.

(B)    These powers shall be exercised as provided for general law municipalities.

(Ord. 94-001AM, § 2 (part), 1994; Ord. 84-34, § 2 (part), 1984)

1.10.210 FIREWORKS.

The borough may exercise the power to regulate or promote the offering for sale, exposure for sale, sale, use or explosion of fireworks as provided under A.S. 29.35.210(a)(2).

(Ord. 94-001AM, § 2 (part), 1994; Ord. 84-34, § 2 (part), 1984)

1.10.215 MOTOR VEHICLES AND OPERATORS.

The borough may exercise the power to regulate the licensing and operation of motor vehicles in the area outside of cities as provided under A.S. 29.35.210(a)(11).

(Ord. 94-001AM, § 2 (part), 1994; Ord. 84-34, § 2 (part), 1984)

1.10.220 SNOW VEHICLES.

(A)    The borough may exercise the power to regulate snow vehicles, including all vehicles propelled by mechanical power designed to travel over ice or snow, in the area outside of cities as provided under A.S. 28.39.010.

(Ord. 04-081, § 12, 2004; Ord. 94-001AM, § 2 (part), 1994; Ord. 84-34, § 2 (part), 1984)

1.10.225 SOLID WASTE.

(A)    The borough may exercise the power to provide for garbage and solid waste collection and disposal in the area outside of cities as provided under A.S. 29.35.050 and A.S. 29.35.201(a)(4).

(Ord. 04-081, § 13, 2004; Ord. 84-34, § 2 (part), 1984)

1.10.230 LIBRARIES.

(A)    The borough may exercise the power to provide library facilities and services in the area outside of cities as approved by the voters.

(Ord. 04-081, § 14, 2004; Ord. 94-001AM, § 2 (part), 1994; Ord. 84-34, § 2 (part), 1984)

1.10.235 SEPTIC TANK WASTE DISPOSAL.

The borough may exercise the power to provide for the disposal of septic tank wastes and to construct and maintain facilities in the area outside of cities as provided under A.S. 29.35.210(a)(4).

(Ord. 94-001AM, § 2 (part), 1994; Ord. 84-34, § 2 (part), 1984)

1.10.240 ECONOMIC DEVELOPMENT.

The borough may exercise the power of economic development in the area outside cities as provided under A.S. 29.35.210(a)(8).

(Ord. 87-11, § 2, 1987)

1.10.245 NUDITY.

(A)    The borough may exercise the power to regulate and prohibit sexually-oriented businesses and behavior that is not constitutionally protected.

(Ord. 04-081, § 15, 2004; Ord. 87-81, § 2, 1987)

1.10.250 LIMITED HEALTH AND SOCIAL SERVICE.

The borough may exercise the power to accept state operation and maintenance grants for pass-through to nonprofit health and social service entities providing the service in the area outside of cities.

(Ord. 94-001AM, § 2 (part), 1994; Ord. 88-124, § 2, 1988)

1.10.255 NATURAL GAS LOCAL IMPROVEMENT DISTRICTS.

(A)    The borough may exercise the power to secure financing for the installation of natural gas facilities within borough-approved natural gas improvement districts in the area outside of cities as approved by voters.

(Ord. 04-081, § 16, 2004; Ord. 94-001AM, § 2 (part), 1994; Ord. 88-264, § 2, 1989)

1.10.260 ELECTRIC LOCAL IMPROVEMENT DISTRICTS.

The borough may exercise the power to secure financing for the installation of electric distribution facilities within borough-approved electric improvement districts in the area outside of cities.

(Ord. 94-001AM, § 2 (part), 1994; Ord. 91-069, § 2, 1991, ratified by voters at 10-1-91 election)

1.10.265 ANIMAL CONTROL.

The borough may exercise the power to regulate, license and control animals in the area outside of cities as provided under A.S. 29.35.210(a)(3).

(Ord. 94-001AM, § 2 (part), 1994)

1.10.270 WATER POLLUTION CONTROL.

The borough may exercise the power to regulate and control water pollution and quality in the area outside of cities as provided under A.S. 29.35.210(a)(6).

(Ord. 94-001AM, § 2 (part), 1994)

1.10.275 HOUSING REHABILITATION AND IMPROVEMENT.

(A)    The borough may exercise the power to participate in federal or state loan programs for housing rehabilitation and improvement for energy conservation, as provided in A.S. 29.35.210.

(Ord. 04-081, § 17, 2004)

1.10.280 ROADS AND TRAILS.

(A)    The borough may exercise the power to provide for the acquisition and construction of local road service roads and trails under A.S. 19.30.11119.30.241, as provided in A.S. 29.35.210.

(Ord. 04-081, § 18, 2004)

1.10.285 EMERGENCY SERVICES COMMUNICATION CENTER.

(A)    The borough may exercise the power to establish an emergency services communications center under A.S. 29.35.130.

(Ord. 04-081, § 19, 2004)

1.10.300 REGULATING DISCHARGE OF FIREARMS.

Any ordinance regulating the discharge of firearms in accordance with AS 29.35.145 will not take effect unless ratified by the voters.

(Ord. 22-051, § 2, 2022)