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Title 1
GENERAL PROVISIONSChapters:
1.01 Code Adoption
1.04 General Provisions
1.08 Borough Powers
1.12 Recognition of Other Governments and Agencies
1.14 Cooperation Between the Northwest Arctic and North Slope Boroughs
1.16 General Penalty
1.20 Recognition and Perpetuation of the Inupiaq Language
Chapter 1.01
CODE ADOPTIONSections:
1.01.010 Adoption.
1.01.020 Title – Citation – Reference.
1.01.030 Reference applies to all amendments.
1.01.040 Title, chapter and section headings.
1.01.050 Reference to specific ordinances.
1.01.060 Ordinances passed prior to adoption of the code.
1.01.070 Effect of code on past actions and obligations.
1.01.080 Constitutionality.
1.01.090 References to prior code.
1.01.010 Adoption.
There is adopted the “Northwest Arctic Borough Code,” as compiled, edited and published by Book Publishing Company, Seattle, Washington. (Ord. 97-03 § 2, 1997)
1.01.020 Title – Citation – Reference.
This code shall be known as the “Northwest Arctic Borough Code” and it shall be sufficient to refer to said code as the “Northwest Arctic Borough Code” in any prosecution for the violation of any provision thereof or in any proceeding at law or equity. It shall be sufficient to designate any ordinance adding to, amending, correcting, or repealing all or any part or portion thereof as an addition to, amendment to, correction or repeal of the “Northwest Arctic Borough Code.” References may be made to the titles, chapters, sections and subsections of the “Northwest Arctic Borough Code” and such references shall apply to those titles, chapters, sections or subsections as they appear in the code. (Ord. 97-03 § 2, 1997)
1.01.030 Reference applies to all amendments.
Whenever a reference is made to this code as the “Northwest Arctic Borough Code” or to any portion thereof, or to any ordinance of the Northwest Arctic Borough, Alaska, codified herein, the reference shall apply to all amendments, corrections and additions heretofore, now or hereafter made. (Ord. 97-03 § 2, 1997)
1.01.040 Title, chapter and section headings.
Title, chapter and section headings contained herein shall not be deemed to govern, limit, modify or in any manner affect the scope, meaning or intent of the provisions of any title, chapter or section hereof. (Ord. 97-03 § 2, 1997)
1.01.050 Reference to specific ordinances.
The provisions of this code shall not in any manner affect matters of record which refer to, or are otherwise connected with ordinances which are therein specifically designated by number or otherwise and which are included within the code, but such reference shall be construed to apply to the corresponding provisions contained within this code. (Ord. 97-03 § 2, 1997)
1.01.060 Ordinances passed prior to adoption of the code.
The last ordinance included in this code was Ordinance 96-10, passed on or about December 20, 1996.
The following ordinances passed subsequent to Ordinance 96-10, but prior to adoption of this code, are adopted and made a part of this code: Ordinances 96-11 (providing for assembly meeting dates), 96-12 (pertaining to the economic development commission) and 97-01 (pertaining to the economic development commission). (Ord. 97-03 § 2, 1997)
1.01.070 Effect of code on past actions and obligations.
The adoption of this code does not affect prosecutions for ordinance violations committed prior to the effective date of this code, does not waive any fee or penalty due and unpaid on the effective date of this code, and does not affect the validity of any bond or cash deposit posted, filed or deposited pursuant to the requirements of any ordinance. (Ord. 97-03 § 2, 1997)
1.01.080 Constitutionality.
If any section, subsection, sentence, clause or phrase of this code is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this code. (Ord. 97-03 § 2, 1997)
1.01.090 References to prior code.
References in borough forms, documents, regulations and this code to the chapters and sections of the former borough code shall be construed to apply to the corresponding provisions contained within this code. (Ord. 97-03 § 2, 1997)
Chapter 1.04
GENERAL PROVISIONSSections:
1.04.010 Name of municipality – Form of government.
1.04.020 Borough limits.
1.04.030 Borough seal.
1.04.040 Definitions.
1.04.050 Grammatical interpretation.
1.04.060 Ordinances included in this code.
1.04.070 Amendments to code – Effect of new ordinances – Amendatory language.
1.04.080 Supplements or revisions to this code.
1.04.010 Name of municipality – Form of government.
A. The Northwest Arctic Borough shall continue as a municipal corporation under the name “Northwest Arctic Borough.”
B. The government of the borough shall be that commonly known and designated as the mayor-assembly form. (Code 1986 § 1.08.010)
1.04.020 Borough limits.
A. The boundaries of the Northwest Arctic Borough shall be coextensive with the boundaries proposed in the Northwest Arctic Borough 1986 incorporation petition as illustrated in the map entitled “Borough Assembly and School Board Apportionment” dated October 2002, accompanying this section and incorporated herein by reference.
B. The boundaries of the borough as described were the certified and effective borough limits as of June 2, 1986.
C. The borough is divided into five election districts pursuant to Section 2.02 of the borough charter, and the boundaries of those districts are also illustrated in the map of “Borough Assembly and School Board Apportionment” dated October 2002, accompanying this section. The official map of Borough Assembly and School Board Apportionment, dated October 2002, scale 1:650,000, shall be kept on file with the borough clerk. (Ord. 01-09 § 1, 2002; Code 1986 § 1.08.020)
1.04.030 Borough seal.
The borough shall have a seal consisting of two concentric circles bearing the words in the outer circle “Northwest Arctic Borough, Alaska, June 2, 1986,” and shall depict in the inner circle the word “Seal.” (Code 1986 § 1.08.030)
1.04.040 Definitions.
Whenever the following words and terms are used in this code, they shall have the meaning herein ascribed to them unless the context clearly indicates otherwise:
“Assembly” means the assembly of the Northwest Arctic Borough.
“Assessor” means the borough assessor.
“Attorney” means the borough attorney.
“Borough” means the Northwest Arctic Borough.
“Building official” means the borough building official.
“Clerk” means the borough clerk.
“Clerk-treasurer,” whenever the reference is to duties not involving money, means the borough clerk.
“Code” means the Northwest Arctic Borough Municipal Code.
“Computation of Time.” The time within which an act is to be done. It shall be computed by excluding the first day and including the last day; and if the last day is Friday, Saturday and Sunday or a legal holiday, that day shall be excluded.
“Engineer” means the borough engineer.
“Finance director” means the borough finance director.
“Health officer” means the borough health officer.
“Judge” or “magistrate” means the judge of any court of law.
“Law” denotes applicable federal law, the Constitution and statutes of the state of Alaska, the ordinances of the borough and, when appropriate, any and all rules and regulations which may be promulgated thereunder.
“May” is permissive.
“Mayor” means the borough mayor.
“Month” means a calendar month.
“Municipality” means the Northwest Arctic Borough.
“Municipal officer or employee” means an officer or employee of the borough, whether paid or unpaid, including members of the assembly, and members of any board or commission.
“Must” and “Shall.” Each is mandatory.
“Oath” means and includes an affirmation or declaration in all cases in which, by law, an affirmation may be substituted for an oath, and in such cases the words “swear” and “sworn” shall be equivalent to the words “affirm” and “affirmed.”
“Or” is disjunctive and “and” is conjunctive.
“Ordinance” means a law of the borough; provided, that a temporary or special law, administrative action, order or directive, may be in the form of a resolution.
“Owner,” applied to a building or land, means and includes any part owner, joint owner, tenant in common, joint tenant or tenant of the entirety, or agent in charge for any of the foregoing, of the whole or a part of such building or land.
“Peace officer” means any officer of the state police, members of the police force of any incorporated borough or borough, United States Marshals and their deputies, and other officers whose duty it is to enforce and preserve the public peace.
“Person” means natural person, joint venture, joint stock company, partnership, association, club, company, corporation, business, trust, organization, or the manager, lessee, agent, servant, officer or employee of any of them.
“Personal property” includes money, goods, chattels, things in action and evidences of debt.
“Presiding officer” means the chairperson of the assembly.
“Property” includes real and personal property.
“Real property” includes lands, tenements and hereditaments.
“Registered mail” includes certified mail. When the use of registered mail is authorized or required by this code, certified mail may be used unless expressly prohibited.
“Sidewalk” means that portion of a street between the curb line and the adjacent property line intended for the use of pedestrians.
“Signature” or “subscription” includes a mark when the person cannot write, with his name written near the mark by a witness who writes his own name near the person’s name, but a signature or subscription by mark can be acknowledged or can serve as a signature or subscription to a sworn statement only when two witnesses so sign their own names thereto.
“State” means the state of Alaska.
“Street” includes all streets, highways, avenues, lanes, alleys, courts, places, squares, curbs, parking areas, or other public ways which have been or may hereafter be dedicated and open to public use, or such other public property so designated in any law of the state of Alaska.
“Tenant” and “occupant,” applied to a building or land, means and includes any person who occupies the whole or a part of such building or land, whether alone or with others.
“Title of office”: use of the title of any officer, employee, board or commission means that officer, employee, department, board or commission of the borough and borough.
“Treasurer,” whenever the reference is to the duties involving money, means the borough finance director.
“Written” means and includes printed, typewritten, mimeographed or multigraphed.
“Year” means a calendar year. (Code 1986 § 1.12.010)
1.04.050 Grammatical interpretation.
The following grammatical rules shall apply in this code and the ordinances of the borough:
A. Gender. Any gender includes the other genders.
B. Singular and Plural. The singular number includes the plural and the plural includes the singular.
C. Tenses. Words used in the present tense include the past and the future tenses and vice versa, unless manifestly inapplicable.
D. Use of Words and Phrases. Words and phrases not specifically defined shall be construed according to the context and approved usage of the language.
E. All words and phrases shall be construed and understood according to the common and approved usage of the language, but technical words and phrases and such others as may have acquired a peculiar and appropriate meaning in the law shall be construed and understood according to such peculiar and appropriate meaning.
F. The code revisor, in consultation with the borough attorney, may correct numbering, grammatical, and other clerical errors in the code or Charter. The borough attorney shall advise the assembly of any such corrections. (Amended during 2006 reformat; Code 1986 § 1.12.020)
1.04.060 Ordinances included in this code.
The assembly, with the advice and assistance of the borough attorney, shall cause each ordinance and resolution having the force and effect of law to be printed as promptly as possible following its adoption in the following manner:
A. Ordinances enacted by the assembly of the borough and general permanent in nature shall be inserted in this code when properly prepared and authenticated by the borough clerk.
B. Emergency, bond, temporary and appropriation ordinances and resolutions shall not be included in this code, but shall be retained in the form enacted.
C. All titles to ordinances, all enacting and repealing clauses, all declarations of emergency, and all purpose, validity and construction clauses shall be omitted from the code unless from their nature it may be necessary to retain some of them to preserve the full meaning and intent of the ordinance. (Code 1986 § 1.12.030)
1.04.070 Amendments to code – Effect of new ordinances – Amendatory language.
A. All ordinances passed subsequent to this code which amend, repeal or in any way affect this code, may be provided with numbers in accordance with the numbering system of this code and printed for inclusion herein. In the case of repealed chapters, sections and subsections or any part thereof, by subsequent ordinances, such repealed portions may be excluded from the code by omission from reprinted pages affected thereby.
B. Amendments to any of the provisions of this code shall be made by amending such provisions by specific reference to the section number of this code in the following language: “That section ________ of the Borough Municipal Code is hereby amended to read as follows: ________.” The new provisions shall then be set out in full as desired.
C. In the event a new section not heretofore existing in the code is to be added by an ordinance, the following language shall be used: “That the Northwest Arctic Borough Municipal Code is hereby amended to add a section, to be numbered __________, which said section reads as follows: _________.” The new section shall then be set out in full as desired.
D. All titles, sections, articles, chapters or provisions desired to be repealed or amended must be specifically repealed or amended by title, section, article or chapter number, as the case may be. Such repeals or amendments of code provisions shall constitute repeal or amendment of the underlying ordinances. (Amended during 2006 reformat; Code 1986 § 1.12.040)
1.04.080 Supplements or revisions to this code.
This code shall be supplemented at regular intervals, or if the assembly deems that supplementation of the code is unnecessary, the code shall be revised and printed every five years. (Code 1986 § 1.12.050)
Chapter 1.08
BOROUGH POWERSSections:
1.08.010 Powers.
1.08.010 Powers.
A. The borough is authorized to exercise on a non-areawide basis any power not otherwise prohibited by law.
B. The borough is authorized to exercise the following powers on an areawide basis:
1. Provide transportation systems;
a. The borough authorizes cities within the borough to construct or maintain roads, trails and ice roads located both inside and outside city boundaries. This approval does not include other transportation systems not specified in this chapter;
2. Establish, maintain and operate a system of public schools;
3. Assess and collect property, sales and use taxes;
4. Provide for planning, platting and land use regulation;
5. Provide for the prevention and extinguishing of fire and related functions, except in the city of Kotzebue;
6. Provide emergency management planning and related functions, except in the city of Kotzebue;
7. Provide for designation, preservation, protection and perpetuation of historic resources, districts and sites consistent with Alaska Statutes and Alaska Administrative Regulations on an areawide basis excluding the city of Kotzebue.
C. Unless otherwise prohibited by law, other powers may be exercised by the borough on an areawide basis only with the consent of each city in which the power is to be exercised or by vote of two-thirds members of the borough assembly. Cities may consent to the exercise of a borough power either by ordinance of the city council or by vote of the qualified voters of the city acting by initiative, referendum or other legitimate election process. For purposes of this subsection, any unincorporated village recognized in NABC 1.12.010 shall be treated the same as a city government.
D. Unless specifically prohibited by state law, a vote to impose or repeal a local option to regulate the possession, barter, sale, importation and consumption of alcoholic beverages must have the approval of a majority of the voters in each city or within the perimeter of an established village in which the local option or repeal is to apply. The adoption or repeal of a local option approved by a majority of all borough voters shall otherwise apply to all areas outside the boundaries of cities and the perimeters of established villages. (Ord. 05-07 § 1, 2005; Ord. 03-03 § 1, 2003; Ord. 00-05 § 1, 2000; Ord. 99-08 § 1, 1999; Ord. 87-15 § 1, 1987)
Chapter 1.12
RECOGNITION OF OTHER GOVERNMENTS AND AGENCIESSections:
1.12.010 Recognition and cooperation.
1.12.010 Recognition and cooperation.
A. The borough recognizes the villages within the borough’s boundaries as Native American tribes which are organized under terms of the Federal Indian Reorganization Act, as amended (25 USC 476 and 477), as bodies politic and corporate eligible for borough funding, grants and contracts. The borough also recognizes the villages within the borough’s boundaries as Native American tribes which are organized under traditional forms of government as bodies politic, similarly eligible for borough funding, grants and contracts.
B. Authority to Cooperate with Units of Local Government and Federal and State Agencies.
1. In performing a duty imposed upon it, or in exercising a power conferred upon it, the borough may cooperate, by agreement or otherwise, with a unit of local government or a state agency of this or another state or of another country, or with the United States, or with a United States governmental agency, or with a Native American tribe or an agency of a Native American tribe. This power includes power to provide jointly for administrative officers.
2. With regard to a Native American tribe, the power described in subsection (A)(1) of this section includes the power of the executive departments of the borough to enter into agreements to ensure that the borough or an agency of the borough does not interfere with or infringe on the exercise of any right or privilege of a Native American tribe or members of a tribe held or granted under any federal treaty, executive order, agreement, statute, policy or any other authority. Nothing in this subsection shall be construed to modify the obligations of the United States to a Native American tribe or its members or the rights of the tribe under federal or tribal law.
C. Within the context of this chapter, “Native American tribe” means an entity defined as a “tribe” in federal legislation and includes specifically the villages within the boundaries of the borough organized under the terms of the Federal Indian Reorganization Act or as traditional councils which are federally recognized and eligible for the special programs and services provided by the United States to Native Americans because of their status as Native Americans. (Ord. 89-13am § 1, 1989; Code 1986 § 2.90.010)
Chapter 1.14
COOPERATION BETWEEN THE NORTHWEST ARCTIC AND NORTH SLOPE BOROUGHSSections:
1.14.010 Purpose.
1.14.020 Management and coordination.
1.14.010 Purpose.
The North Slope Borough (NSB) and the Northwest Arctic Borough (NAB) officially recognize the unique cultural, historic and geographic relationships of the boroughs, and wish to ensure that these positive relationships continue, by providing a framework for the boroughs to work together for the mutual benefit of their respective citizens. More specifically, the purposes of this chapter are to facilitate cooperation and collaboration between NSB and NAB to achieve the following goals and objectives:
A. Identification and sharing of information;
B. Cooperation and improved coordination of strategic and long-range land use planning and development;
C. Cooperation and improved coordination in the perpetuation of subsistence resources, habitats, and values;
D. In the course of collaborative efforts, develop the respective roles, relationships and operating procedures for specific projects for each borough;
E. Pursue any other activity that will further the foregoing goals and objectives and the delivery of quality governmental services. (Ord. 00-07 § 1, 2000)
1.14.020 Management and coordination.
The NSB and NAB mayors shall each designate a staff member to act as the single point of contact for coordinating planning, funding or other activities contemplated under this chapter. (Ord. 00-07 § 1, 2000)
Chapter 1.16
GENERAL PENALTYSections:
1.16.010 General penalties.
1.16.010 General penalties.
A. Every act prohibited by the ordinances of this borough is unlawful. Unless another penalty is expressly provided by an ordinance, every person convicted of a violation of any of the ordinances of this borough, or any rule or regulation adopted or issued in pursuance thereof, shall be punished by a fine not to exceed $1,000 or by imprisonment for not more than 90 days, or by both such fine and imprisonment. Each act of violation and every day upon which any such violation shall occur shall constitute a separate offense.
B. The borough or an aggrieved person may institute a civil action against a person who violates a borough ordinance. In addition to injunctive and compensatory relief, a civil penalty not to exceed $1,000 may be imposed 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 a threatened violation, the superior court shall grant the injunction as provided in AS 29.25.070(b) or any successor law. Each day that a violation of an ordinance continues constitutes a separate violation. (Ord. 95-02 § 2b, 1995; Code 1986 § 1.24.010)
Chapter 1.20
RECOGNITION AND PERPETUATION OF THE INUPIAQ LANGUAGESections:
1.20.010 Recognition of the Inupiaq language.
1.20.020 Perpetuation of the Inupiaq language.
1.20.010 Recognition of the Inupiaq language.
As a matter of public policy, the borough recognizes the Inupiaq language as the language of the original people of the borough and their descendants. The Inupiaq language expresses the unique values, history and culture of the vast majority of the people living in the borough and is key to their sense of identity and self-worth. (Ord. 00-04 § 1, 2000)
1.20.020 Perpetuation of the Inupiaq language.
It is the policy of the borough to encourage and perpetuate the use of the Inupiaq language in the everyday life of the people of the borough, and wherever feasible, in the official actions of the borough. Accordingly, it is the policy of the borough to encourage and support the instruction of the Inupiaq language in borough schools under the direction of the school district. Oaths of office shall, where feasible, be administered in both Inupiaq and English. Where in the judgment of borough officials it is feasible, borough publications shall be written in both Inupiaq and English. It is further the policy of the borough to encourage all the residents of the borough and the borough’s contractors and employees to become familiar with, and where feasible, to learn the Inupiaq language. (Ord. 00-04 § 1, 2000)
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