Chapter 1.12
VIOLATIONS
Sections
1.12.030 Right to revoke or suspend licenses
1.12.040 Disposition of scheduled offenses—fine schedule
For statutory provisions authorizing cities to enforce ordinances and prescribe penalties for the violation thereof, see AS 29.25.070.
1.12.010 General penalty
(a) Every act prohibited by this title is unlawful. Unless another penalty is expressly provided by this code for a particular act or offense, every person who commits an infraction or violation of any provision of this code, or any rule or regulation adopted or issued pursuant to this code, commits a minor offense as that term is defined in the Alaska Rules of Minor Offense Procedure and may be punished by a fine of not more than $1,000.
(b) In addition to any other remedies or penalties that 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. The city shall be entitled to recover its costs, including reasonable attorney’s fees, incurred in a civil action resulting in injunctive or compensatory relief against a person who violates any provision of the code.
(c) Each act of violation and every day upon which the violation shall occur will constitute a separate offense. [Ord. 1431 §2, 2023]
1.12.020 Service of citation
Unless otherwise specifically provided, citations for violation of the Kodiak City Code shall be served in accordance with Alaska Minor Offense Rule 3. A citation for the violation of the code may be brought by a city police officer, the city man-ager, or the city official responsible for the administration and enforcement of the code provision which has been violated. [Ord. 1431 §3, 2023]
1.12.030 Right to revoke or suspend licenses
Notwithstanding anything contained in this code, the right to suspend or revoke any license conferred by the city of Kodiak or the state of Alaska, for violation of this code, is specifically retained. [CCK §1.0.13]
1.12.040 Disposition of scheduled offenses—fine schedule
(a) In accordance with AS 29.25.070(a), citations for offenses for which a fine is established in subsection (c) or (e) of this section 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 below within 30 days of the date of the citation, plus the state surcharge required by AS 12.55.039 and 29.25.074. Fines must be paid to the court. The Rules of Minor Offense Procedure in the Alaska Rules of Court apply to all offenses listed in subsection (e) of this section. Citations charging these offenses must meet the requirements of Minor Offense Rule 3. 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 amount for that offense listed in subsection (e) of this section. If an offense is not listed on this fine schedule or another fine schedule, the defendant must appear in court to answer to the charges. These fines may not be judicially reduced.
(b) The city adopts, as its traffic fine schedule for state offenses, the “traffic bail forfeiture schedule” and the “oversize vehicle bail forfeiture schedule” in Administrative Rules 43.1 and 43.6 of the Alaska Rules of Court, and any other bail forfeiture schedules relating to vehicles adopted by the Alaska Supreme Court. In addition, the city adopts all amendments of those schedules that become effective after the effective date of the ordinance codified in this chapter.
(c) The fine amounts established by subsections (b) and (e) of this section are doubled for motor vehicle or traffic offenses committed in a highway work zone or traffic safety corridor, as those terms are defined in AS 28.90.990 and 13 AAC 40.010(b).
(d) A citation for an offense listed as correctable or “Cor” shall be dismissed (or voided) if proof of correction is presented to the Kodiak police department within 14 days after the date of the citation.
(e) The following violations of this code are amenable to disposition without court appearance upon payment of a fine in the amount listed below. An offense listed in this schedule may not be disposed of without court appearance if the offense is in connection with a motor vehicle accident that results in the death of a person:
|
City Code Provision |
Offense |
Fine |
Correctable |
|---|---|---|---|
|
Businesses on city property prohibited |
$300 |
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Parking for vehicles for hire |
$300 |
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Operating mobile food service without permit |
$1,000 |
|
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|
5.08.080(a) |
Failure to display permit |
$100 |
|
|
5.08.080(b) |
Failure to furnish documents upon request |
$100 |
|
|
5.08.110(a) |
Unlawful operation of mobile food service |
$1,000 |
|
|
5.08.110(b) |
Operating mobile food service in unauthorized area |
$1,000 |
|
|
5.08.110(c) |
Obstructing traffic or inconveniencing public |
$1,000 |
|
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Permit required for vehicle for hire |
$300 |
|
|
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Required equipment and markings |
$300 |
COR |
|
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Required insurance coverage |
$300 |
|
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Vehicle standards and inspection |
$300 |
|
|
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Responsibilities of permittee |
$300 |
|
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|
Shuttle vehicles prohibited |
$300 |
|
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Permit to operate taxicab or limousine required |
$300 |
|
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Required equipment and markings |
$300 |
COR |
|
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Limousine service requirements |
$300 |
|
|
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Responsibilities of taxicab or limousine permittee |
$300 |
|
|
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Violation of tariffs |
$300 |
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Permit to operate as tour vehicle required |
$300 |
|
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Route plan required |
$300 |
|
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Chauffeur’s license |
$300 |
|
|
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Requirements for all licensees |
$300 |
|
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Requirements for licensees operating a taxicab |
$300 |
|
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Contagious diseases |
$100 |
|
|
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Annoying animals or fowl |
$75 |
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Tethering |
$75 |
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7.04.060(a), (b), (d) |
Control of animals |
$100 |
|
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Animal littering |
$75 |
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7.04.090(a) |
Dog licensing |
$75 |
|
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7.04.100(b) |
Tag and collar |
$75 |
|
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Off-leash dog parks |
$100 |
|
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Obstruction of pedestrians or vehicles |
$100 |
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Camping |
$100 |
|
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Sale or possession of drug paraphernalia |
$75 |
|
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|
10.08.020(a) |
Speed: reasonable and prudent for road conditions |
$90 |
|
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10.08.020(b) |
Maximum speed limit |
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3 mph over designated limit |
$24 |
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4 to 19 mph over designated limit |
$8 per mph over limit |
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20 or more mph over designated limit |
$12 per mph over limit |
|
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Prohibited use of vehicular ways |
$150 |
|
|
|
10.12.020(a) |
Transportation of hazardous material |
$1,000 |
|
|
10.16.010(a) |
Additional parking regulations—prohibited activity |
$25 |
|
|
10.16.010(b) |
Additional parking regulations—over 24 hours |
$25 |
|
|
10.16.010(c) |
Parking on a sidewalk |
$25 |
|
|
10.16.020(a) |
Restricted parking—red curb |
$25 |
|
|
10.16.020(b) |
Restricted parking—yellow curb |
$25 |
|
|
10.16.020(c) |
Restricted parking—handicapped |
$150 |
|
|
10.16.030(b) |
Limited time parking—violation of traffic control device |
$20 |
|
|
10.16.040(c) |
Parking in city parking lot—violation of traffic control device |
$20 |
|
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Motor vehicle used as living or sleeping accommodation |
$100 |
|
|
|
10.28.030(a) |
Off-road vehicle use regulations—park or city-owned property |
$150 |
|
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10.28.030(b) |
Off-road vehicle use regulations—private property |
$50 |
|
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10.28.030(c) |
Off-road vehicle use regulations—careless, reckless, or negligent use |
$100 |
|
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10.28.030(d) |
Off-road vehicle use regulations—under the influence |
$100 |
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10.28.030(e) |
Off-road vehicle use regulations—animals |
$100 |
|
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Operation of off-road vehicle highways and other locations—on roadway |
$50 |
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Off-road vehicle parental responsibility |
$50 |
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10.28.060(a) |
Snowmachine authorized area of operation—use outside of authorized area |
$50 |
|
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Off-road vehicle; driver’s license required |
$50 |
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10.32.010(a) |
Confinement of loads |
$100 |
|
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Removal of dirt and debris |
$50 |
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10.36.040(a) |
Vehicle abandonment unlawful—upon highway or vehicular way |
$300 |
|
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10.36.040(b) |
Vehicle abandonment unlawful—upon other public or private property |
$300 |
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18.28.020(a) |
Failure to register and pay |
$300 |
|
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18.28.020(b) |
Failure to report change in ownership |
$50 |
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18.28.020(c) |
Mooring where prohibited |
$50 |
|
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18.28.020(f) |
False statement in application |
$50 |
|
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18.28.020(g) |
Failure of owner/operator to respond when called |
$300 |
|
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Improper use of exclusive moorage space |
$75 |
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18.28.050(a) |
Mooring at ferry dock |
$75 |
|
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18.28.060(a) |
Multiple mooring without consent |
$50 |
|
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Affixing boat to gridiron without consent |
$300 |
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Mooring of seaplane on or adjacent to boat moorage |
$50 |
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Misuse of day storage area—short-term |
$50 |
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18.28.130(e) |
Theft of services |
$300 |
|
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18.28.140(e) |
Trespass/failure to remove vessel upon notice |
$300 |
|
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18.28.190(b) |
Negligent operation of vessel |
$300 |
|
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18.28.190(d) |
Disturbing the peace |
$75 |
|
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18.28.190(e) |
Violation of speed or wake restriction |
$75 |
|
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18.28.190(f) |
Load testing or use of propulsion while stationary |
$75 |
|
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18.28.190(g), (h) |
Illegal anchoring |
$75 |
|
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18.28.190(i) |
Failure to stop when hailed |
$75 |
|
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Blinding lights |
$300 |
|
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18.28.210(a) |
Violation of vessel size restrictions |
$50 |
|
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18.28.210(b) |
Noncompliance with U.S. Coast Guard regulations |
$50 |
|
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18.28.210(c) |
Muffler required |
$50 |
|
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Improper securing of auxiliary vessels |
$50 |
|
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18.28.230(a) |
Improper occupancy of a vessel |
$50 |
|
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18.28.230(b) |
Occupancy of vessel not in regular use |
$200 |
|
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18.28.240(a) |
Littering |
$75 |
|
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18.28.240(b) |
Improper maintenance of floats |
$75 |
|
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18.28.240(c) |
Failure to use garbage containers |
$75 |
|
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18.28.240(d) |
Improper disposal of waste oil |
$75 |
|
|
18.28.240(e) |
Pumping of bilge oil and gas into harbor |
$500 |
|
|
18.28.240(f) |
Improper disposal of sewage or human waste |
$300 |
|
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18.28.250(a) |
Improper maintenance of floats |
$75 |
|
|
18.28.250(b) |
Storage on floats |
$75 |
|
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Tampering with facilities |
$75 |
|
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Improper float bumpers |
$50 |
|
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18.28.280(a) |
Improper hauling out |
$50 |
|
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18.28.280(b) |
Loading or unloading freight at small boat harbor |
$75 |
|
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18.28.280(d) |
Using motor to maintain position over launch ramp |
$100 |
|
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18.28.280(e) |
Using motor to unload or load boat (power loading) |
$100 |
|
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Failure to report accident |
$75 |
|
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18.28.300(a) |
Unattended fire |
$75 |
|
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18.28.300(b) |
Improper treatment of combustible materials |
$75 |
|
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18.28.300(c) |
Lack of flame-producing device safeguards |
$75 |
|
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18.28.300(d) |
Use of flame-producing device at ferry terminal |
$75 |
|
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18.28.300(e) |
Smoking in prohibited areas |
$50 |
|
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18.28.310(a) |
Failure to restrain animal |
$100 |
|
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18.28.310(b) |
Animal deposits |
$75 |
|
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Failure to accompany children under 12 years |
$50 |
|
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Wheeled or tracked vehicle on float facility |
$50 |
|
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18.28.340(a) |
Violation of sign restrictions |
$50 |
|
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Fishing prohibited |
$50 |
|
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Swimming, water skiing, etc., prohibited |
$50 |
|
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Restrictions on commercial repairs |
$50 |
|
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18.28.370(a)(1) |
Creating or maintaining nuisance or conducting illegal business |
$75 |
|
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18.28.370(a)(2) |
Removing, damaging, or defacing official signs |
$300 |
|
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18.28.370(a)(3) |
Failure to comply with lawful order |
$75 |
|
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18.28.370(a)(4) |
Feeding sea lions |
$300 |
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[Ord. 1441 §13, 2023; Ord. 1431 §23, 2023]