Chapter 9.14


9.14.010    Possession or consumption by persons under the age of twenty-one.

9.14.020    Violation – Detention of minor.

9.14.030    Violation – Civil forfeiture.

9.14.040    Definitions.

9.14.010 Possession or consumption by persons under the age of twenty-one.

A. A person under the age of twenty-one may not knowingly consume, possess or control alcoholic beverages except those furnished under AS 04.16.051(b).

B. No person may knowingly consume, possess, or control a controlled substance except as authorized in AS 17.30.

C. Violation of this section is an infraction, punishable by a maximum fine of three hundred dollars. Additionally, the court may order, and a minor convicted under this section shall undertake, for a term specified by the court, that program of alcohol and/or drug education or rehabilitation that the court, after consideration of any information presented, finds appropriate. (Ord. 2001-11 §2; Ord. 2001-04 §3; Ord. 91-16 §3(part))

9.14.020 Violation – Detention of minor.

If a peace officer has probable cause to believe that a minor is in violation of this chapter, the officer may, in conformity with AS 47.10.140 and 47.10.142, take the minor into custody for the sole purpose of either returning the minor to the minor’s parent or guardian or, if the minor prefers, to a shelter operated under contract with the State Department of Health and Social Services. (Ord. 2001-04 §4: Ord. 91-16 §3(part))

9.14.030 Violation – Civil forfeiture.

A. Alcohol or controlled substances possessed or controlled in violation of this chapter and seized as evidence shall be forfeited under the following circumstances:

1. Actual or constructive notice is given to the owner of the liquor or controlled substance so seized that a forfeiture action will be taken; and

2. Judgment is issued by a court of competent jurisdiction in a proceeding in rem that the liquor or controlled substance was used in a manner subjecting it to forfeiture under this section.

B. Property forfeited under this section shall be placed in the custody of the North Slope Borough police department for disposition according to an order of the court. The court shall order destroyed any liquor or controlled substance forfeited under this section, unless it is determined to be evidence necessary in another criminal prosecution. (Ord. 91-16 §3(part))

9.14.040 Definitions.

For the purposes of this chapter, the following words and phrases shall have the following meanings:

A. A person acts “knowingly” with respect to conduct or to a circumstance described by a provision of law defining an offense when the person is aware that the person’s conduct is of that nature or that the circumstances exist; when knowledge of the existence of a particular fact is an element of an offense, that knowledge is established if a person is aware of a substantial probability of its existence, unless the person actually believes it does not exist; a person who is unaware of conduct or a circumstance of which the person would have been aware had the person not been intoxicated acts knowingly with respect to that conduct or circumstance.

B. “Alcoholic beverage” means an alcoholic beverage as defined by AS 04.21.080(b)(1).

C. “Controlled substance” means any Schedule IA, IIA, IIIA, IVA, VA, or VIA substance defined in AS 11.71. (Ord. 91-16 §3(part))