Chapter 1.08
GENERAL PENALTY*

Sections:

1.08.010    Repealed.

1.08.011    General fine penalties.

1.08.013    Other remedies.

1.08.020    Penalty surcharge.

*    For Charter provisions authorizing the city to impose penalties for ordinance violation of not more than a fine of $300.00 or imprisonment for 30 days, see Charter Section 1.9.

1.08.010 Designated.

Repealed by Ord. 06-005. (Ord. 535 § 3, 1998; Ord. 280 § 3, 1983; Ord. 205 § 3, 1978)

1.08.011 General fine penalties.

A. A person who violates a provision of this code shall, upon conviction, be subject to punishment by the fine established in the current, adopted budget.

B. If no other penalty is specifically or by adoption prescribed by a particular ordinance, the general penalty for violation of the ordinance is as stated in the current, adopted budget.

C. In accordance with AS 12.25.195 through 12.25.230, for a violation that cannot result in incarceration or the loss of a valuable license, a person may dispose of the citation without a court appearance by submitting to the clerk of court all of the following:

1. Payment of the fine amount and the applicable surcharge as established in the current, adopted budget; and

2. A copy of the citation signed by the person indicating the person’s waiver of court appearance, entry of plea of no contest, and forfeiture of the fine.

D. When the fine is forfeited under subsection (C) of this section, a judgment of conviction shall be entered. The fine paid is complete satisfaction for the offense. (Ord. 07-029 § 4, 2007; Ord. 06-005 § 4, 2006)

1.08.013 Other remedies.

The city may institute a civil action against a person, including a minor as provided in AS 29.25.072, who violates an ordinance. A person who violates a provision of this code may be subject to injunctive relief, compensatory relief, and a civil penalty not to exceed $1,000 for each violation. 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 a violation or threatened violation, the superior court shall grant the injunction. Each day that a violation of a provision of this code continues constitutes a separate violation. This section does not bar other civil remedies. (Ord. 06-005 § 5, 2006)

1.08.020 Penalty surcharge.

A. In addition to any fine or other penalty prescribed by law, a person who pleads guilty or nolo contendere to, forfeits bail for, or is convicted of:

1. A violation of this code comparable to a misdemeanor offense under AS 28.33.030, 28.33.031, 28.35.030, or 28.35.032 and adopted under AS 28.01.010 shall be assessed a surcharge of $75.00;

2. A misdemeanor or other violation of this code if a sentence of incarceration may be imposed for the misdemeanor or ordinance violation, other than a provision identified in subsection (A)(1) of this section, shall be assessed a surcharge of $50.00; and

3. A misdemeanor or a violation of this code if a sentence of incarceration may not be imposed for the misdemeanor or ordinance violation shall be assessed a surcharge of $10.00 if the fine or bail forfeiture amount for the offense is $30.00 or more.

B. The surcharge shall be deposited into the general fund of the state in accordance with AS 29.25.072. (Ord. 537 § 3, 1998)