Chapter 1.04
GENERAL PROVISIONS
Sections:
1.04.010 Name of municipality – Form of government.
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 the ordinance codified in 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 four 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 2011, accompanying the ordinance codified in this section. The official map of Borough Assembly and School Board Apportionment, dated October 2011, scale 1:650,000, shall be kept on file with the borough clerk. (Ord. 11-03 § 3, 2011; 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)