Chapter 9.30
MISCELLANEOUS PROVISIONS
Sections:
Article I. Commercial Transporters
9.30.010 Statement of purpose.
9.30.020 Commercial transporter permit required.
9.30.030 Contents of application for permit.
9.30.050 Permit approval criteria.
9.30.060 Application amendments.
9.30.090 Suspension and revocation of permit.
Article II. Disposal of Refuse, Human Waste and Chemicals
Article I. Commercial Transporters
9.30.010 Statement of purpose.
The purposes of this article include prevention of land use conflicts and adverse environmental effects caused by the rising number of drop-offs of visitors on lands in the borough by commercial air transporters and while providing for visitor safety and enforcement of visitor compliance with sanitation and other land use laws of the Northwest Arctic Borough. It is the intent of this article to regulate the activities of transporters and visitors where not inconsistent with law or the Borough Charter. (Ord. 10-14, 2011; Ord. 06-01 § 1, 2006; Ord. 03-05 § 1, 2003)
9.30.020 Commercial transporter permit required.
It shall be unlawful for a commercial transporter to transport any person to or from the field without first receiving a permit under this article. (Ord. 10-14, 2011; Ord. 03-05 § 1, 2003)
9.30.030 Contents of application for permit.
A. Applications for commercial transporter permits shall be made in writing to the administrator on a form prescribed and furnished by the administrator. Applications shall contain the following information:
1. The full and true name of the applicant and all other names and aliases used by the applicant;
2. The birthdate of the applicant;
3. The mailing, residential and business addresses of the applicant;
4. The residential and business telephone numbers of the applicant;
5. The full and true name of any employee of the applicant who will be landing aircraft and all other names and aliases used by the employee;
6. The birthdate of the employee;
7. If the applicant has been convicted of a felony or misdemeanor in this state or any other jurisdiction within the past five years, the date of the conviction, the offense, and the location of the court;
8. If the employee of the applicant has been convicted of a felony or misdemeanor in this state or any other jurisdiction within the past five years, the date of the conviction, the offense, and the location of the court;
9. The date of the application;
10. If known in advance, the drop-off and pick-up locations for each transport;
11. A statement that the applicant filed the required annual reports for any prior permits;
12. If the applicant has received any state or federal permit or license in connection with the proposed activity, the name of the agency issuing the license or permit, the type of license or permit, and any ANILCA 810 analysis, environmental assessment or other agency study done in connection with issuing the license or permit, and the date it was issued;
13. A plan for the disposal of human waste and garbage for each person transported;
14. A statement that the transporter and all people transported will attend and complete any educational or other requirement placed on them by federal or state agencies or the borough;
15. A map demonstrating that no people transported will be dropped off adjacent or proximate to private or other lands where trespass or hunting or fishing is prohibited or restricted, and a showing that there are sufficient open lands reasonably accessible to those transported given their drop-off and pick-up locations and their planned activities;
16. A plan that will ensure that all salvageable parts of fish and wildlife taken by those transported are properly cared for and preserved in the field and are either transported in a well-preserved and edible condition out of the field and borough or distributed in such condition to residents within the borough;
17. Any other issue that the administrator determines should be included in the application due to environmental, health, welfare, safety or other concerns pertaining to the application.
B. With the application, the applicant shall also furnish:
1. A fee as set by the commission;
2. The legible signature of the applicant or person authorized to sign on behalf of the applicant;
3. An affirmation or oath as may be required by the administrator that the information and statements made in connection with the application are true, correct and complete;
4. An undertaking to collect and remit to the borough a land use fee of $100.00 per visitor transported under the permit. (Ord. 10-14, 2011; Ord. 06-04 § 2, 2006; Ord. 06-01 § 2, 2006; Ord. 03-05 § 1, 2003)
9.30.040 Issuance of permits.
A. Applications for a permit must be submitted at least 30 business days before the first transport in a calendar year.
B. The administrator shall review the application and may consult with appropriate borough, state or federal officials to determine whether the information contained in the application is true and complete. The administrator may request an applicant to submit additional information if the administrator determines that the application is incomplete.
C. The administrator’s decision to approve the transporter permit, to request additional information, or to deny the permit shall be issued within 10 business days from the receipt of the complete application. The reasons for denial shall be set forth in writing.
D. The administrator may approve a permit subject to special conditions.
E. An applicant may revise or amend an application to address concerns expressed by the administrator.
F. The administrator may require the transporter to attend an orientation as a condition of the permit.
G. The administrator may restrict transporter activities on borough owned or managed lands including restrictions about timing and location of activities.
H. If the administrator fails to issue a decision within 20 business days from the submission of a complete application or revised application, the permit shall issue upon the applicant’s request.
I. An applicant may appeal the decision of the administrator pursuant to Chapter 9.08 NABC. (Ord. 10-14, 2011; Ord. 06-04 § 3, 2006; Ord. 03-05 § 1, 2003)
9.30.050 Permit approval criteria.
A. The administrator may deny an application if:
1. Any of the information is inaccurate or any of the plans, statements or other requirements of the application are insufficient to ensure that the borough’s health, safety, welfare or other concerns have been addressed;
2. The applicant has failed to file the required annual report in connection with a permit issued for a prior year;
3. The applicant fails to meet any applicable federal, state or borough criteria, standard or requirement for permit approval; or
4. The administrator finds that the number of people transported in an area negatively affects the quality of the recreational activity or experience of others.
B. In addition to the administrator’s general authority to approve a permit subject to special conditions, the administrator may also condition the approval of a commercial transporter permit upon the land use by the commercial transporter being conducted in the zoning district, or occurring only within specific time periods, or by placing limitations on the drop-off locations or number of people that can be transported into the district during any restricted period, or any combination of the above or any other condition consistent with law determined to be necessary by the administrator. (Ord. 10-14, 2011; Ord. 06-04 § 4, 2006; Ord. 03-05 § 1, 2003)
9.30.060 Application amendments.
A. If any of the information submitted to the borough changes, the applicant shall report these changes on a form prescribed and furnished by the administrator within 10 calendar days of the change.
B. If the applicant paid a fee as set by the commission under NABC 9.30.030 and the amended information increases the total number of transports to more than 10, the applicant shall pay an additional fee as set by the commission. (Ord. 10-14, 2011; Ord. 03-05 § 1, 2003)
9.30.070 Term of permit.
The permit shall be valid for the calendar year in which it is issued. (Ord. 10-14, 2011; Ord. 03-05 § 1, 2003)
9.30.080 Annual report.
The permittee shall provide a signed, annual activity report on a form prescribed and furnished by the administrator. The report form shall contain an affirmation that the information is true, accurate and complete. The original report shall be filed by January 15th of the next calendar year. The report shall contain the following information for each trip:
A. Client’s name and address;
B. Date the client was transported into the field;
C. Specific location to which the client was transported;
D. The date the client was transported out of the field;
E. The specific location from which the client was transported out of the field; and
F. A land use fee of $100.00 per visitor transported shall accompany the report. (Ord. 10-14, 2011; Ord. 06-01 § 3, 2006; Ord. 03-05 § 1, 2003)
9.30.090 Suspension and revocation of permit.
A. A permit issued under this article may be suspended or revoked by the administrator:
1. For providing false or incomplete information on the application;
2. For failing to timely report changes in information to the clerk;
3. For providing false or incomplete information on an annual report;
4. If the applicant is convicted of a state or federal fish and game violation, felony or misdemeanor offense;
5. If the permittee violates any of the special conditions of the permit.
B. The administrator will notify a permittee in writing of the administration’s intent to suspend or revoke a permit. The notice will include the grounds for the intended suspension or revocation, and statement of the opportunity to be heard. The permittee shall have 10 calendar days to submit objections in writing; within 10 business days of the receipt of written objections, the administration shall issue a decision.
C. A permittee may appeal the administrator’s decision pursuant to Chapter 9.08 NABC. (Ord. 10-14, 2011; Ord. 03-05 § 1, 2003)
9.30.100 Violation – Penalty.
A. Any person who provides transportation services without the permit required under this article or in violation of a permit condition under NABC 9.30.040 or 9.30.050 shall, upon determination of liability, be subject to a civil fine of not less than $500.00 nor more than $1,000 for each trip and shall be prohibited from obtaining a permit under this article for a period not less than three years. The minimum fine may not be suspended.
B. Any person who fails to collect or remit the required land use fee for each visitor shall be personally subject to a civil fine equal to each unpaid fee plus an additional civil fine of up to $100.00 per unpaid fee. (Ord. 10-14, 2011; Ord. 06-04 § 5, 2006; Ord. 06-01 § 4, 2006; Ord. 03-05 § 1, 2003)
9.30.110 Enforcement.
The provisions of this article shall be enforced as civil fines by the administrator as provided in Chapter 9.08 NABC. (Ord. 10-14, 2011; Ord. 03-05 § 1, 2003)
Article II. Disposal of Refuse, Human Waste and Chemicals
9.30.200 Statement of purpose.
Repealed by Ord. 10-14. (Ord. 04-02 § 1, 2004)
9.30.210 Disposal of refuse.
Repealed by Ord. 10-14. (Ord. 04-02 § 1, 2004)
9.30.220 Disposal of human waste.
Repealed by Ord. 10-14. (Ord. 04-02 § 1, 2004)
9.30.230 Violation – Penalty.
Repealed by Ord. 10-14. (Amended during 2006 reformat; Ord. 04-02 § 1, 2004)
9.30.240 Enforcement.
Repealed by Ord. 10-14. (Amended during 2006 reformat; Ord. 04-02 § 1, 2004)
9.30.250 Definitions.
Repealed by Ord. 10-14. (Amended during 2006 reformat; Ord. 04-02 § 1, 2004)