Chapter 1.20
VIOLATIONS OF ORDINANCES
Sections:
1.20.030 Disposition of infraction offenses.
1.20.040 Minor offense fine schedule.
1.20.050 Attempted infraction.
1.20.060 Abetting in an infraction.
1.20.080 Copies to Alaska Court System.
1.20.010 General penalty.
(a) Every act prohibited by city ordinance is unlawful and shall be deemed an infraction unless specified otherwise. Unless another penalty is expressly provided by this code for a particular act or offense, every person convicted of a violation of any provision of this code, or any rule or regulation adopted or issued pursuant to this code, shall be punished by a fine of not more than five hundred dollars per violation.
(b) In addition to any other remedies or penalties which may be provided in this code or may otherwise be available, the city or any aggrieved person may institute a civil action to obtain injunctive or compensatory relief against a person who violates any provision of the code. An action to enjoin a violation may be brought notwithstanding the availability of any other remedy. On application for injunctive relief and a finding of violation or threatened violation, the superior court shall grant the injunction.
(c) Each act of violation and every day upon which a violation occurs constitutes a separate offense.
(d) Any surcharge required to be imposed under AS 12.55.039 shall be added to any penalty imposed or levied pursuant to this section, and all such collected surcharges shall be remitted to the State of Alaska, Department of Administration as required by AS 29.25.074. (Ord. O-14-01-02 § 2 (part), 2014)
1.20.020 Procedure.
(a) The charge for the violation of a code provision may be brought by a city police officer, the city manager, or the city official responsible for the administration and enforcement of the code provision which has been violated.
(b) The city shall use the Alaska uniform citation form to provide notice of an infraction to anyone accused of violating any provision of this code. (Ord. O-14-01-02 § 2 (part), 2014)
1.20.030 Disposition of infraction offenses.
(a) A person charged with an infraction offense may appear in court to contest the charge, and must appear if the citation indicates that a court appearance is mandatory. As an infraction, trial is by the court without a jury, and there is no right to court-appointed defense counsel.
(b) An infraction as provided for in subsection (a) of this section is not considered a criminal offense and may not result in imprisonment, nor is a fine imposed for the commission of an infraction considered a penal or criminal punishment; nor may the commission of a single infraction result in the loss of a valuable license, driver’s license, or privilege to drive in this state except as may result from the accumulation of points under AS 28.15.221 through 28.15.261. (Ord. O-14-01-02 § 2 (part), 2014)
1.20.040 Minor offense fine schedule.
In accordance with AS 29.25.070(a), citations for the following offenses may be disposed of as provided in AS 12.25.195 through 12.25.230, without a court appearance, upon payment of the fine amounts listed below, plus the state surcharge required by AS 12.55.039 and 29.25.074. The Alaska Court System’s Rules of Minor Offense Procedures apply to all offenses listed below. If a person charged with one of these offenses appears in court and is found guilty, the penalty imposed for the offense shall be the amount listed below for that offense. Citations charging these offenses must meet the requirements of the Minor Offense Rules. Fines established in this section or elsewhere in this code of ordinances that apply to second or subsequent offenses apply to any offenses committed within twenty-four months of the act which resulted in the previous infraction.
|
NCO Section |
Offense |
Penalty/Fine |
|---|---|---|
|
3.05.030(b) |
Open container of intoxicating liquor on public streets or other public places |
$100 |
|
3.05.030(c) |
Public consumption of intoxicating liquor |
100 |
|
3.05.040(a) |
Failure to ID alcohol purchaser |
500 |
|
Transient merchant unlawfully entering residence |
100 |
|
|
Selling pull-tabs without required license |
25 per day |
|
|
3.40.030(a) |
Permitting prohibited marijuana use |
|
|
|
First violation within a twelve-month period |
100 |
|
|
Second violation within a twelve-month period |
500 |
|
|
Third violation within a twelve-month period |
Mandatory Court |
|
3.40.030(b) |
Prohibited marijuana use or transport |
|
|
|
First violation within a twelve-month period |
100 |
|
|
Second violation within a twelve-month period |
500 |
|
|
Third violation within a twelve-month period |
Mandatory Court |
|
Incorporated state law violation |
100 – 1st Offense 200 – 2nd Offense 500 – 3rd and Subsequent Offenses |
|
|
Hours of operation violation |
100 – 1st Offense 200 – 2nd Offense 500 – 3rd and Subsequent Offenses |
|
|
Sale of non-marijuana item |
100 – 1st Offense 200 – 2nd Offense 500 – 3rd and Subsequent Offenses |
|
|
Off-duty police officer violation |
100 – 1st Offense 200 – 2nd Offense 500 – 3rd and Subsequent Offenses |
|
|
Failure to obtain permit |
100 |
|
|
Inhabiting a structure without obtaining a certificate of occupancy |
100 |
|
|
Failure to display permit and/or inspection forms at construction site |
100 |
|
|
Maintaining an aerial above a high-tension electrical wire without a permit |
100 |
|
|
Buying or selling nonmunicipal electricity |
100 |
|
|
5.20.060(c) |
Constructing alternate energy facility without a building permit |
100 |
|
Failure to register vacant property |
100 |
|
|
Failure to keep information current |
50 |
|
|
Failure to maintain or secure property |
100 |
|
|
Operating motor driven vehicle under the age of fourteen |
100 |
|
|
8.15.020(a) |
Operating ATV or snowmachine without a license |
100 |
|
8.15.020(b) |
Operating ATV or snowmachine in violation of license condition or limitation |
100 |
|
Operating ATV or snowmachine under age sixteen without adult supervision |
100 |
|
|
Inadequate lighting of ATV or snowmachine |
100 |
|
|
8.15.080(a) |
Failure to stop ATV or snowmachine at direction of peace officer |
100 |
|
Parental responsibility for violations by minor child |
100 |
|
|
Failure to move vehicle for more than twenty-four hours |
100 |
|
|
Operating a bicycle on a sidewalk where prohibited |
100 |
|
|
8.25.010(a) |
Leaving vehicle unattended on or within ten feet of the traveled portion of the highway |
100 |
|
8.25.010(b) |
Leaving vehicle on the private property of another or on public property |
100 |
|
8.25.010(c) |
Leaving a vehicle on a highway such that it disrupts traffic or impedes emergency vehicle operation |
100 |
|
8.25.030(a) |
Possession of junk vehicle creating a nuisance or safety hazard |
100 |
|
10.30.010(a) |
Unlicensed animal |
50/correctable—First Offense |
|
75—Second Offense |
||
|
100—Third and Subsequent Offenses |
||
|
10.30.020(b) |
Unattended animal |
50—First Offense |
|
75—Second Offense |
||
|
100—Third and Subsequent Offenses |
||
|
10.30.030(a) |
Animal in prohibited area |
50—First Offense |
|
10.30.030(b) |
75—Second Offense |
|
|
10.30.030(c) |
100—Third and Subsequent Offenses |
|
|
10.30.040(d) |
Objectionable animal |
50—First Offense |
|
75—Second Offense |
||
|
100—Third and Subsequent Offenses |
||
|
10.30.050(a) |
Interference with enforcement officer |
300 |
|
10.30.120(a) |
Failure to provide sanitary enclosure/exercise |
50—First Offense |
|
10.30.120(b) |
75—Second Offense |
|
|
|
100—Third and Subsequent Offenses |
|
|
10.30.130(a) |
Failure to provide humane animal care |
50—First Offense |
|
75—Second Offense |
||
|
100—Third and Subsequent Offenses |
||
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Cruelty to animals |
100—First Offense |
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200—Second Offense |
||
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300—Third and Subsequent Offenses |
||
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Dog teams—Failure to signal |
5—First Offense |
|
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7.50—Second Offense |
||
|
10—Third and Subsequent Offenses |
||
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Trapping prohibited |
150 |
|
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Minor or passenger failing to wear approved helmet |
50—First Offense |
|
|
75—Second Offense |
||
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150—Third and Subsequent Offenses |
||
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Smoking where prohibited |
100—First Offense |
|
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200—Second Offense |
||
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500—Third and Subsequent Offenses |
||
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Smoking within unreasonably close distance to a place where smoking is prohibited |
100—First Offense |
|
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200—Second Offense |
||
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500—Third and Subsequent Offenses |
||
|
10.50.050(a) |
Failure to post “No smoking” signs in public place or place of employment |
100—First Offense |
|
200—Second Offense |
||
|
500—Third and Subsequent Offenses |
||
|
10.50.050(b) |
Failure to post “No smoking” signs at entrance of health care facility |
100—First Offense |
|
200—Second Offense |
||
|
500—Third and Subsequent Offenses |
||
|
10.50.050(c) |
Failure to provide smoke-free workplace |
100—First Offense |
|
200—Second Offense |
||
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500—Third and Subsequent Offenses |
||
|
10.50.050(d) |
Failure to remove ashtrays from area where smoking is prohibited |
100—First Offense |
|
200—Second Offense |
||
|
500—Third and Subsequent Offenses |
||
|
10.50.050(e) |
Failure of owner/operator to prevent or report smoking in prohibited location |
100—First Offense |
|
200—Second Offense |
||
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500—Third and Subsequent Offenses |
||
|
10.60.030(a) |
Illicit synthetic drug |
500 |
|
11.60.010(a)(1) |
Prohibited land transactions—Conveying land without a proper plat |
300 |
|
11.60.010(a)(2) |
Filing an unapproved plat |
300 |
|
13.15.010(b)(1) |
Minor in violation of curfew |
50—First Offense |
|
75—Second Offense |
||
|
100—Third and Subsequent Offenses |
||
|
13.15.010(b)(2) |
Parental violation of curfew |
50—First Offense |
|
75—Second Offense |
||
|
100—Third and Subsequent Offenses |
||
|
13.15.010(b)(3) |
Owner, operator, or employee knowingly allowing curfew violation |
50—First Offense |
|
75—Second Offense |
||
|
100—Third and Subsequent Offenses |
||
|
13.25.050(a) |
Possession or discharge of prohibited airgun or similar device |
100 |
|
13.25.060(a) |
Overnight habitation or overnight storage of property or temporary parking or beaching of vessels in defined area |
100 |
|
Failure to properly dispose of human waste |
500 per day |
|
|
Abuse of 911 system |
250 |
|
|
16.15.010(a) |
Failure to remove snow from adjoining sidewalk |
100 |
|
Violation of the matrix of permitted and conditional uses |
50—First Offense 75—Second Offense 100—Third and Subsequent Offenses |
(Ord. O-22-07-02 § 3, 2022; Ord. O-18-10-01 § 4, 2018; Ord. O-17-09-03A § 3, 2017; Ord. O-16-04-01A § 4, 2016; Ord. O-16-01-02 § 5, 2016; Ord. O-15-08-03A § 2, 2015; Ord. O-15-07-02 § 2, 2015; Ord. O-14-01-03 § 3, 2014; Ord. O-14-01-01 § 3, 2014; Ord. O-14-01-02 § 2 (part), 2014)
1.20.050 Attempted infraction.
Every person who attempts to commit an infraction but fails or is prevented in its perpetration is guilty of an infraction and shall be punished in the manner prescribed for the infraction itself. (Ord. O-14-01-02 § 2 (part), 2014)
1.20.060 Abetting in an infraction.
When no punishment for counseling, abetting or aiding in the commission of a particular infraction is expressly described by ordinance, every person who counsels, abets or aids another in committing an infraction is equally guilty of the infraction and punishable in the manner prescribed for the infraction itself. (Ord. O-14-01-02 § 2 (part), 2014)
1.20.070 Fines.
(a) Purpose. The fine provisions are intended to provide a penalty for violations of this code. Fines set out in NCO Section 1.20.040 are separate from and cumulative to penalties, costs, assessments or any other remedy allowed under this code.
(b) Collection of Fines.
(1) Fines and any other allowable costs and interest may be collected through any legal means including but not limited to:
(A) Disqualification from use or receipt of city services.
(B) Garnishment of Alaska Permanent Fund dividend payments.
(C) Civil suits.
(D) Garnishment of wages.
(E) Lien foreclosure.
(2) Actions for the collection of fines or assessments are independent of any other remedy available for resolution of violations of this code.
(3) Outstanding fines and assessments owed by the same person may be pursued in a single collection action.
(4) Interest on fines and assessments not paid within thirty days of the decision shall accrue at a rate of eight percent per year. (Ord. O-14-01-02 § 2 (part), 2014)
1.20.080 Copies to Alaska Court System.
The city clerk shall forward a copy of all code ordinances enacted by the city to the city attorney. If the ordinance affects any minor offense, the city attorney shall submit the ordinance to the Alaska Court System using the form provided for amending ordinances included in the State Uniform Minor Offense Table. (Ord. O-14-01-02 § 2 (part), 2014)