Chapter 1.20 VIOLATIONS AND PENALTIES

Chapter 1.20
VIOLATIONS AND PENALTIES

Sections:

1.20.010 General penalty.

1.20.020 Procedure.

1.20.030 Disposition of infraction offenses.

1.20.040 Minor offense fine schedule.

1.20.050 Attempted infraction.

1.20.060 Abetting in infraction.

1.20.010 General penalty.

A. 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 pursuant to this code shall be punished by a fine of not more than three hundred dollars.

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 the violation shall occur will constitute 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. 13-19 § 2 (part), 2013.)

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 that 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. 13-19 § 2 (part), 2013.)

1.20.030 Disposition of infraction offenses.

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. (Ord. 13-19 § 2 (part), 2013.)

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 in this section, plus the state surcharge required by AS 12.55.039 and 29.25.074. Fines must be paid to the court. The Alaska Court System’s Rule of Minor Offense Procedures applies to all offenses listed in this section. If a person charged with one of these offenses appears in court and is found guilty, the penalty imposed for the offense may not exceed the fine schedule amount listed below for that offense. Citations charging these offenses must meet the requirements of the Minor Offense Rules. The fines set forth below may not be judicially reduced.

Code Section	Offense	Penalty/Fine
2.42.050.A	Failure to register/pay for mooring of vessel	$75
.B	Failure to display registration or obtain new mooring agreement	75
.C	Mooring in prohibited area	75
.F	Providing false information on mooring agreement or application	75
.G	Failure to attend to vessel	75
.I	Failure to display harbor decal	75
2.42.090.E	Providing false information on mooring agreement or application	75
.F	Failure to respond	75
.H	Failure to display harbor decal	75
2.42.100.E	Failure to remove vessel	75
2.42.130.A	Reckless operating—vessel	300
.B	Negligent operating—vessel	300
.D	Noise violation—vessel	75
.E	Excessive speed—vessel	75
.F	Anchoring within port without permission	75
.G	Failure to stop for port director	75
2.42.140.A	Blinding light violation underway	75
.B	Light violation not underway	75
.C	Nuisance light violation	75
2.42.150.C	No exhaust muffler	75
2.42.160	Obstruction of navigation by auxiliary vessel	75
2.42.170.A	Unlawful occupancy of vessel	75
2.42.180.A	Dumping trash in port	300
.B	Failure to maintain floats and premises in an orderly condition	75
.C	Littering in port	75
.D	Improper disposal of waste oil	75
.E	Discharge oily waste	300
2.42.190.B	Unlawful storage	75
2.42.200.A	Unlawful access of port utilities	75
.B	Damaging port facilities	75
.C	Unpermitted waste disposal	75
2.42.210	Float bumpers, improper material	75
2.42.220.A	Using skids for vessel removal	75
.B	Freight loading without fees, private or common carrier	75
2.42.230	Failure to report accident	300
2.42.240.A	Unattended fire or flames	300
.B	Combustible liquid on port facilities	75
.C	Lack of fire suppression	75
.D	Smoking where prohibited	75
2.42.250.A	Unrestrained animal	75
.B	Failure to clean up after dog	75
.C	Excessive noise or other disturbance by pet	75
2.42.260	Unaccompanied minor	75
2.42.270	No wheeled vehicles	75
2.42.280.A	Posting signs without permission	75
2.42.290	Fishing from dock	75
2.42.300.A	Diving, swimming within port	75
2.42.310	Vessel repairs without permission	75
2.42.320.A.1	Nuisance within the port	75
A.2	Sign tampering	75
A.3	Interfering with port director	300
4.15.100.D	Filing a false tax statement	300
4.16.060	Business license violation	75
4.16.070	Failure to post business license	75
4.20.210.A.1	Failure to obtain certificate to collect city sales tax	300 first offense
4.20.210.A.1	Failure to obtain certificate to collect city sales tax	500 second offense
A.2	Failure to remit sales tax returns	75
A.3	Falsifying sales tax records	300 first offense
A.3	Falsifying sales tax records	500 second offense
A.4	Failure to allow inspection of records	300 first offense
A.4	Failure to allow inspection of records	500 second offense
4.21.140.C	Failure to apply for certificate of registration for fish tax	300 first offense
4.21.140.C		500 second offense
4.22.090.C	Failure to apply for certificate of registration, severance tax	300 first offense
4.22.090.C		500 second offense
4.24.060	Failure to register as a dealer in tobacco products	500
4.24.125	Failure to file tobacco excise tax return	500
4.24.170	Falsifying tobacco excise tax records	500
4.24.170	Failure to allow inspection of records	500
4.26.050	Failure to register as a retailer in marijuana products	500
4.26.140	Failure to file marijuana excise tax return	500
4.26.220	Falsifying marijuana excise tax records	500
4.26.220	Failure to allow inspection of records	500
7.20.010.A	Failure to register domestic animal	75
7.20.010.E	Failure to display registration tag	75
7.20.010.F	Failure to produce kennel registration	75
7.20.010.G	Failure to transfer registration	75
7.20.010.H	Use of another animal’s tags	300
7.20.020.A	Failure to obtain kennel permit	75
7.20.040	Unlawful transfer of animal	75
7.20.050	Prohibited wolf hybrid	300
7.30.080.B	Unlawful release of quarantined animal	300
7.30.080.D	Unlawful removal of quarantined animal from city	300
7.30.090.A	Unlawful release of animal from animal control facility or vehicle	300
7.30.090.B	Unlawful interference in official duties	300
7.40.020.A	Animal cruelty	300
7.40.030.A	Failure to restrain animal on city property	75
7.40.030.B	Failure to restrain animal in public	75
7.40.030.C	Unlawfully releasing an animal from restraint	75
7.40.040.A.2	Unlawful chronic animal noise	75
7.40.040.B	Animal disturbing property	75
7.40.040.C	Animal disturbing garbage	75
7.40.060.C	Level 1 aggressive animal act	75
7.40.060.C	Level 2 aggressive animal act	125
7.40.060.C	Level 3 aggressive animal act	300
7.40.060.C	Level 4 aggressive animal act	500
7.40.070.E	Classified animal restriction violation	500
8.04.030	Improper storage of refuse	75
8.04.040	Containers on right-of-way	75
8.04.050	Failure to dispose of refuse	75
8.04.052.A	Disposal of hazardous material in city landfill	300
8.04.055	Improper deposit of fish waste	300
8.04.060	Improper transport of refuse	75
8.04.120	Distribution of single-use plastic disposable shopping bags	300
8.08.010	Fireworks prohibited	75
8.10.030	Smoking prohibited where posted	75 per day
8.30.030.A	Permitting unlawful marijuana use	100 first offense 300 second offense Must appear – third offense
8.30.030.B	Unlawful marijuana use	100 first offense 100 second offense Must appear – third offense
8.30.040	Marijuana use in public places prohibited	100
8.30.050	Marijuana use in or around motor vehicles prohibited	100
8.30.060	Underage marijuana use or possession	100 first offense 300 second offense Must appear – third offense
8.30.080	Violation of retail marijuana store operating hours	75
9.38.010.C	Public drunkenness	75
9.38.020	Nuisance—excessive noise	75
9.38.035	Excessive noise projection	75
9.38.040	Excessive noise—motor vehicles	75
9.50.010	Trespass	500
9.56.010	Defacing notices	75
9.60.010	Minor consuming alcohol	500
9.70.010	Violation of conditions of release	1,000
9.74.010	Curfew violation	75
9.74.040	Curfew—parental responsibility	75
9.86.010	Discharge firearm	75
11.12.050	Outdoor burning	75
11.16.020	Sound control	75
11.20.020	ORV in business district	75
11.20.030	ORV operations, state roadways outside business district	75
11.20.040	ORV operations, state roadways within city	75
11.20.050	ORV operations, city roadways outside business district	75
11.20.060	ORV operations within city boundaries	75
11.20.070	ORV, age restriction	75
11.20.075	Helmets required	75
11.20.080	Headlights required	75
11.20.090	Parental responsibility	75
11.21.020	Snowmobiles on city rights-of-way	75
11.21.030	Snowmobile operation, after dark	75
11.21.040	Helmets required	75
12.05.010.B	Private use of public lands	75
12.06.030.A	Unauthorized camping	75
12.06.050	Camping fees and permits required	75
12.06.060.A	Waste disposal	75
.B	Noise violation	75
.C	Unpermitted structures	75
.E	Defacing facilities	75
.F	Animals	75
.G	Failure to clean	75
12.06.070	Waste storage	75
12.06.080	Unattended camp	75
12.06.090	Unauthorized structures	75
12.08.070	Encroachment permit required	75
13.04.010.B	Public sewer service required	75
13.04.030.A	Unlawful disposal	75
.B	Unlawful discharge	75
.C	Discharge of banned substances	75
13.12.010.A	Unpermitted connection to sewer	75
14.04.010	Water sources	75
14.04.070	Unauthorized water connection	75
14.12.030	Cold weather protection	75
15.04.030	Floodplain permit	300 per day
15.04.031.C	Noncompliant construction	300 per day
15.04.061	Residential structures	300 per day
15.04.062	Nonresidential structures	300 per day
15.04.065	Flood related erosion hazard areas	300 per day
15.08.040	Notice of construction required	75 residential
15.08.040	Notice of construction required	300 commercial
17.30.050	Addressing	75
18.16.010	Land use permit	75 residential
18.16.010	Land use permit	300 commercial
18.24.020.A	CBD yard violation	75 residential
18.24.020.A	CBD yard violation	300 commercial
18.28.020.A	GUD yard violation	75 residential
18.28.020.A	GUD yard violation	300 commercial
18.36.010	Parking requirements	75 residential
18.36.010	Parking requirements	300 commercial
18.36.030	Off-street loading facilities	75 residential
18.36.030	Off-street loading facilities	300 commercial
18.36.040	Location of parking spaces	75 residential
18.36.040	Location of parking spaces	300 commercial
18.36.060	Design of parking areas	75 residential
18.36.060	Design of parking areas	300 commercial
18.36.070	Minimum standards for off-street parking spaces	75 residential
18.36.070	Minimum standards for off-street parking spaces	300 commercial
18.40.020	View obstruction	75 residential
18.40.020	View obstruction	300 commercial
18.44.030	Altering nonconforming building	75 residential
18.44.030	Altering nonconforming building	300 commercial

(Ord. 13-19 § 2 (part), 2013; Ord. 15-04 § 3, 2015; Ord. 15-07 § 4, 2015; Ord. 15-08 § 4, 2015; Ord. 15-19 § 6, 2015; Ord. 16-08 § 3, 2016; Ord. 17-03 §§ 3, 5, 6, 8, 2017; Ord. 17-10(Sub-2) § 3, 2018; Ord. 18-07 § 3, 2019; Ord. 19-04 § 3, 2019; Ord. 20-02¹ § 4, 2020; Ord. 20-23 § 2, 2020; Ord. 21-09 § 2, 2022; Ord. 22-03(A) § 3, 2022.)

1.20.050 Attempted infraction.

Every person who attempts to commit an infraction but fails or is prevented or is intercepted in its perpetration is guilty of an infraction and shall be punished in the manner prescribed for the infraction itself. (Ord. 13-19 § 2 (part), 2013.)

1.20.060 Abetting in 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 same way. (Ord. 13-19 § 2 (part), 2013.)

The provisions of Ord. 20-02 become effective on December 31, 2020. Ord. 20-23 extends the effective date of Ord. 20-02 to December 31, 2021. Ord. 21-09 extends the effective date of Ord. 20-02 to April 30, 2022.