Chapter 1.20
VIOLATIONS AND PENALTIES

Sections:

1.20.010    General penalty.

1.20.020    Laws of Alaska—Violations—Ordinances not exclusive.

1.20.030    Citations and summons.

1.20.040    Attempted misdemeanor.

1.20.050    Abetting in misdemeanor.

1.20.010 General penalty.

Every act prohibited by city ordinance is unlawful. 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 related to this code shall be punished by a fine of not more than three hundred dollars. Such violation will be known as a violation in the first degree. Unless otherwise specifically provided in this code a violation in the second degree shall be punished by a fine of not more than one thousand dollars and not more than thirty day imprisonment or both. Each act of violation and every day upon which the violation shall occur will constitute a separate offense. Any surcharge required to be imposed under AS 12.55.039 shall be added to any penalty imposed or levied pursuant to this section.

A person cited for a violation in the first degree may at that person’s election, choose to forfeit bail or pay a fine by mailing or personally delivering to the clerk of the court if a bailable offense or to the city clerk if a scheduled municipal fine, the amount of the bail or fine indicated on the citation for the violation together with a copy of the citation signed by the person indicating the person’s waiver of court appearance. Entry of a traffic citation may be mailed or personally delivered within five days of the date of citation. A citation for a scheduled violation, other than a motor vehicle or traffic citation, may be mailed or personally delivered within fifteen days of the date of the citation. When bail or a fine is forfeited under this section, a judgment of conviction shall be entered. The bail or fine is complete satisfaction of the violation. (Ord. 77-5 § 2 (part), 1977; Ord. 84-8, 1984; Ord. 86-7 § 1, 1986; Ord. 86-24 § 1, 1986; Ord. 88-01 § 1, 1988; Ord. 99-04 § 1, 1999; Ord. 03-04 § 2, 2003; Ord. 04-01 § 1, 2004.)

1.20.020 Laws of Alaska—Violations—Ordinances not exclusive.

No person shall violate any law of the state nor any rule or regulation adopted by any duly authorized agency of the state. Violations of the foregoing shall be violations of the code of ordinances of the city, except where the state has exclusive jurisdiction over the offense. (Ord. 77-5 § 2 (part), 1977; Ord. 86-7 § 1, 1986.)

1.20.030 Citations and summons.

A.    Any public safety officer within the city may, rather than arrest a person or persons for the violation of a city ordinance committed in his or her presence, issue, file and serve citations for violations of the provisions of this code or a criminal summons requiring the person or persons to appear before a judicial officer on a day certain to answer charges.

B.    If a person or persons fail(s) to appear before the judicial officer as directed in the citation or summons, the city public safety officer issuing the same shall sign a complaint charging the person or persons involved with a misdemeanor, cause a warrant to be issued, and place the offender under arrest at once.

C.    The form of the citation or summons may be in substantially the following form and completed in duplicate or triplicate.

“CITY OF DILLINGHAM, ALASKA

CRIMINAL SUMMONS

TO: ____________________________

You are hereby commanded to appear before the judicial officer at his office in Dillingham, Alaska on the day of __________, 20__, at the hour of ____ o’clock, in the ____ of said day, and then and there answer to the charges for the violation of section ________ of the Ordinances of the City of Dillingham, Alaska, wherein is alleged that you did, contrary to law:    _______________________________________________

    _____________________________________________________________________________________.

Failure to appear and answer this summons will result in your arrest under a warrant.

DATED this __________ day of _________, 20_____

DEPARTMENT OF PUBLIC SAFETY

CITY OF DILLINGHAM

By ________________________”

(Ord. 77-5 § 2 (part), 1977; Ord. 84-8, 1984; Ord. 86-7 § 1, 1986; Ord. 02-03 § 2, 2002.)

1.20.040 Attempted misdemeanor.

Every person who attempts to commit a misdemeanor but fails or is prevented or is intercepted in its perpetration is guilty of a misdemeanor and shall be punished in the manner prescribed for the misdemeanor itself. (Ord. 77-12 § 2 (part), 1977; Ord. 84-8, 1984; Ord. 86-7 § 1, 1986.)

1.20.050 Abetting in misdemeanor.

When no punishment for counseling, abetting or aiding in the commission of a particular misdemeanor is expressly described by ordinance, every person who counsels, abets or aids another in committing a misdemeanor is equally guilty of the misdemeanor and punishable in the same way. (Ord. 77-12 § 2 (part), 1977; Ord. 84-8, 1984; Ord. 86-7 § 1, 1986.)