Chapter 1.16
GENERAL PENALTY
Sections:
1.16.020 Penalty surcharge authorization and collection.
1.16.030 Disposition of scheduled offenses – Fine schedule.
1.16.010 General penalty.
A. Penalty. Unless another penalty is specifically provided by this code for the violation of any particular provision, any person who violates any of the provisions or fails to comply with any of the mandatory requirements of this code, upon conviction, shall be punished by a fine not to exceed $300.00 and the violation shall be treated as an infraction.
B. Procedure. The charge for the violation of a code provision may be brought by a City-designated code enforcement officer, the Mayor, or that City official responsible for the administration and enforcement of the code provision which has been violated. A person charged may dispose of an infraction offense by paying the fine set for the violation charged and pleading “no contest” in person or by mail, or may appear in court to contest the charge. As an infraction, trial is by the court without a jury, and there is no right to court-appointed defense counsel.
C. Separate Violations. Each day of a continuing violation of this code shall constitute a separate offense.
D. Civil Action Alternatives. In addition to any other remedies or penalties which may be provided in this code, or may otherwise be available, the City may institute a civil action against a person who violates any provision of the code. 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 violation or threatened violation, the superior court shall grant the injunction. (Ord. 02-11 § 3, 2002; Ord. 05-11 § 3, 2005; Ord. 13-02 § 4, 2013)
1.16.020 Penalty surcharge authorization and collection.
The surcharge required to be imposed pursuant to AS 12.55.039 is authorized and shall be imposed as a surcharge on penalties imposed for the violation of an ordinance, code provision, or regulation of the City brought under citation or criminal complaint that would require a proceeding in the Alaska court system if the defendant were to enter a plea of not guilty. This surcharge is imposed in addition to any other fine or other penalty provided by law. The court may impose and collect the surcharge on all penalties imposed by the court or fines and bail forfeitures that are paid to the court. The surcharge shall be deposited into the general fund of the state of Alaska in accordance with AS 29.25.074. (Ord. 02-11 § 3, 2002; Ord. 13-02 § 4, 2013)
1.16.030 Disposition of scheduled offenses – Fine schedule.
A. A person cited for an offense for which a fine is established in subsection (C) of this section may mail or personally deliver to the Clerk of Court the amount of the fine indicated on the citation for the offense plus any surcharge required to be imposed by AS 12.55.039 and 29.25.074, together with 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. A citation for a scheduled offense other than a motor vehicle or traffic citation may be mailed or personally delivered on or before the thirtieth day after the date of the citation. The payment of a fine under this subsection shall be treated as a judgment of conviction. The fine paid is complete satisfaction for the offense.
B. If a person cited for an offense for which a fine amount is established in subsection (C) of this section appears in court to contest the citation and is found guilty, the maximum sentence which may be imposed is the scheduled fine amount plus any surcharge required to be imposed by AS 12.55.039 and 29.25.074.
C. The following violations of this code are amenable to disposition without court appearance upon payment of a fine in the amount listed below.
|
Code Section |
Description of Offense |
Fine |
|---|---|---|
|
HMC 4.24.050(A) |
Operating a marijuana cultivation establishment without an excise tax license |
$500.00 |
|
HMC 4.24.080(A) |
Failure to report ownership change |
$150.00 |
|
HMC 4.24.110(D) |
Operating a marijuana cultivation establishment with a suspended or revoked excise tax license |
$500.00 |
|
HMC 4.24.110(A) |
Failure to display excise tax license |
$50.00 |
|
HMC 4.24.210 |
Failure to keep records |
$100.00 |
|
HMC 5.04.010(A), (D) |
Engaging in business without a current or operating with a suspended business license |
$150.00 |
|
HMC 5.08.035 |
Selling, offering for sale, giving, furnishing, delivering or consuming alcohol on premises during hours of closure |
$300.00 |
|
HMC 5.10.070(A)(1) |
Conducting business/consumer access during hours of closure |
$300.00 |
|
HMC 5.10.070(A)(2) |
Allowing marijuana consumption on retail premises |
$500.00 |
|
HMC 5.10.070(A)(3) |
Offering/delivering alcohol or free marijuana |
$300.00 |
|
HMC 5.06.020 |
Failure to obtain a vendor permit |
$250.00 |
|
HMC 6.04.030 |
Animal or livestock annoyance |
$75.00 |
|
HMC 6.04.040 |
Failure to provide sanitary enclosure |
|
|
First offense |
$100.00 |
|
|
Second offense, same person (within 12 months) |
$150.00 |
|
|
Subsequent offenses, same person (within 12 months) |
$200.00 |
|
|
HMC 6.04.050 |
Keeping diseased animals |
|
|
First offense |
$100.00 |
|
|
Second offense, same person (within 12 months) |
$150.00 |
|
|
Subsequent offenses, same person (within 12 months) |
$200.00 |
|
|
HMC 6.04.060 |
Animals in public places |
|
|
First offense |
$100.00 |
|
|
Second offense, same person (within 12 months) |
$150.00 |
|
|
Subsequent offenses, same person (within 12 months) |
$200.00 |
|
|
HMC 6.04.070(A) |
Failure to restrain animal |
|
|
First offense |
$100.00 |
|
|
Second offense, same person (within 12 months) |
$150.00 |
|
|
Subsequent offenses, same person (within 12 months) |
$200.00 |
|
|
HMC 6.04.070(C) |
Release from restraint by non-owner |
|
|
First offense |
$100.00 |
|
|
Second offense, same person (within 12 months) |
$150.00 |
|
|
Subsequent offenses, same person (within 12 months) |
$200.00 |
|
|
HMC 6.04.090 |
Cruelty to animals |
$500.00 |
|
HMC 6.04.100(D) |
Failure to pay fees, cost and expenses |
$100.00 |
|
HMC 6.04.110(A) |
Trapping domestic or domesticated animals |
$300.00 |
|
HMC 6.04.110(B) |
Failure to check live trap |
$300.00 |
|
HMC 6.04.110(C) |
Failure to provide humane care for trapped animals |
$300.00 |
|
HMC 6.04.110(D) |
Failure to release in a timely manner |
|
|
First offense |
$100.00 |
|
|
Second offense, same person (within 12 months) |
$150.00 |
|
|
Subsequent offenses, same person (within 12 months) |
$200.00 |
|
|
HMC 6.04.110(E) |
Unlawful release of a trapped animal |
|
|
First offense |
$100.00 |
|
|
Second offense, same person (within 12 months) |
$150.00 |
|
|
Subsequent offenses, same person (within 12 months) |
$200.00 |
|
|
HMC 6.12.030(A) |
Interference with Animal Control Officer |
$200.00 |
|
HMC 6.12.030(B) |
Unlawful release of animal in custody of City |
$150.00 |
|
HMC 6.12.030(C) |
Interference with investigation, reporting or prosecution |
$150.00 |
|
HMC 6.12.030(D) |
Failure of citizen to notify or surrender detained animal |
$75.00 |
|
HMC 6.16.010(A) |
Failure to register dog or cat |
|
|
First offense |
$75.00 |
|
|
Second offense, same person (within 12 months) |
$100.00 |
|
|
Subsequent offenses, same person (within 12 months) |
$125.00 |
|
|
HMC 6.16.020(A) |
Failure to register kennel or cattery |
$150.00 |
|
HMC 6.16.020(C) |
Failure to reregister kennel or cattery |
$100.00 |
|
HMC 6.16.030 |
Failure to update and provide registration information |
$75.00 |
|
HMC 6.16.040(B) |
Failure to meet kennel or cattery requirement |
$200.00 |
|
HMC 6.16.110 |
Failure to comply with written administrative order |
$100.00 |
|
HMC 6.20.020(F) |
Filing fraudulent documentation |
$200.00 |
|
HMC 6.20.040(F) |
Failure to comply with written release order |
|
|
First offense |
$100.00 |
|
|
Second offense, same person (within 12 months) |
$200.00 |
|
|
Subsequent offenses, same person (within 12 months) |
$300.00 |
|
|
HMC 6.20.060(D) |
Owning a vicious animal |
$300.00 |
|
HMC 6.20.070 |
Failure to notify of running at large classified animal |
|
|
First offense |
$100.00 |
|
|
Second offense, same person (within 12 months) |
$200.00 |
|
|
Subsequent offenses, same person (within 12 months) |
$300.00 |
|
|
HMC 6.20.100 |
Failure to notify of change in ownership of a classified animal |
$250.00 |
|
HMC 6.24.020(A) |
Failure to immunize dog or cat for rabies |
$100.00 |
|
HMC 6.24.020(B) |
Fraudulent rabies certificate |
$250.00 |
|
HMC 6.24.030(C) |
Failure of citizens to report bite |
$75.00 |
|
HMC 6.24.040 |
Failure to surrender animal for supervised quarantine |
$200.00 |
|
HMC 6.24.060(A) |
Failure to report rabies of a quarantined animal |
$150.00 |
|
HMC 6.24.060(C)(1) |
Unauthorized destruction of rabid animal |
$75.00 |
|
HMC 6.24.060(C)(2) |
Failure of veterinarian to destroy rabid animal |
$75.00 |
|
HMC 6.24.060(D)(1) |
Failure to surrender rabid animal |
$200.00 |
|
HMC 6.28.050(J) |
Failure to spay or neuter adopted dog or cat |
$100.00 |
|
HMC 8.05.070 |
Violations of fireworks use and sales |
$300.00 |
|
HMC 8.06.020 |
Public nuisance |
$300.00 |
|
HMC 8.09.030 |
Noise disturbances |
$50.00 |
|
HMC 9.04.020 |
Prohibited operation of off-road recreation vehicles |
$300.00 |
|
HMC 9.04.030 |
Operation of off-road vehicle by a minor |
$100.00 |
|
HMC 9.05.010 |
Speeding of off-road vehicle |
$100.00 |
|
HMC 9.05.020 |
Obstruction of right-of-way |
$50.00 |
|
HMC 10.05.020 |
Sign violations |
$50.00 |
|
HMC 10.05.020(B) |
Failure to obtain a sign permit |
$300.00 |
|
HMC 10.05.020(Q)(5)(d) |
Failure to remove political signs |
$20.00 |
|
HMC 10.07.020 |
Failure to obtain a conditional use permit |
$1,000 |
|
HMC 10.07.060 |
Failure to transfer a conditional use permit |
$300.00 |
|
HMC 10.07.070 |
Failure to comply with a conditional use permit violation notice |
$1,000 |
|
HMC 10.08.080 |
Failure to obtain a variance permit |
$1,000 |
|
HMC 10.10.050 |
Land use regulation violations |
$300.00 |
|
HMC 10.11.070 |
Failure to obtain a construction permit |
$300.00 |
|
HMC 10.12.010(A) |
Failure to obtain a driveway permit |
$300.00 |
|
HMC 10.13.040 |
Failure to obtain a utility permit |
$500.00 |
|
HMC 10.14.080 |
Failure to obtain an encroachment permit |
$500.00 |
|
HMC 11.06.025 |
Violation of park rules |
$100.00 |
(Ord. 2-11 § 3, 2002; Ord. 12-14 § 4, 2012; Ord. 13-02 § 4, 2013; Ord. 14-21 § 4, 2014; Ord. 16-11 § 4, 2016; Ord. 16-18 § 5, 2016)