Chapter 1.28
GENERAL PENALTY Revised 7/18
Sections:
1.28.010 Fines for violation of city ordinances – Generally. Revised 7/18
1.28.020 Schedule of fine amounts. Revised 7/18
1.28.040 Penalty surcharge authorization and collection. Revised 7/18
1.28.010 Fines for violation of city ordinances – Generally. Revised 7/18
The council shall prescribe the penalties for violations of the city ordinances. Where no specific penalty is provided a violation of an ordinance shall constitute an infraction and shall be punishable by a maximum fine of three hundred dollars. Provided, however, that if AS 29.25.070(g) requires that a lower fine be imposed for violation of a city ordinance that constitutes a comparable state offense with similar elements to offenses provided for in AS 11 and 28 (“comparable city ordinance”). the maximum fine for violation of the comparable city ordinance shall be the maximum fine provided for the state offense. (Ord. 12-2016 §2: Ord. 94-19 §4(part): Ord. 88-7 §3(part): Ord. 84-20 §1, 1984)
1.28.020 Schedule of fine amounts. Revised 7/18
A. A person to whom a citation has been issued, charging the person with a violation of one or more city ordinances identified in this section, and requiring the person to appear in court at a specified date and time, shall be excused from appearing in court if, within thirty calendar days from the date of the citation, the person has:
1. Stated in writing, on a copy of the citation or a form provided by the court system, that he or she desires to plead no contest to the charged violation; and
2. Has paid the fine amount specified for the alleged violation in this section.
B. The fines are as follows:
1. Section 9.16.010, 9.16.020 or 9.16.030, first offense: one hundred dollars;
2. Section 9.16.010, 9.16.020, or 9.16.030, second or subsequent offense: three hundred dollars;
3. Section 8.13.090 or 8.13.110, first offense: twenty-five dollars;
4. Section 8.13.090 or 8.13.110, second or subsequent offense: one hundred dollars;
5. Any provision of Chapter 8.13 other than Sections 8.13.050, 8.13.060, 8.13.090 and 8.13.110, first offense: one hundred dollars;
6. Any provision of Chapter 8.13 other than Sections 8.13.050, 8.13.060, 8.13.090 and 8.13.110, second or subsequent offense: three hundred dollars;
7. Any provisions of Chapter 9.12, first offense: one hundred dollars;
8. Any provisions of Chapter 9.12, second offense: two hundred dollars;
9. Any provisions of Chapter 9.12, third or subsequent offense: three hundred dollars.
C. Violations of Section 9.14.014, possession of alcoholic beverages prohibited, are addressed directly in Section 9.14.014. (Ord. 06-2017 §2(part); Ord. 12-2016 §3; Ord. 94-19 §4(part): Ord. 89-21 §3, 1989: Ord. 89-16 §3(part), 1989)
1.28.030 Definitions.
As used in this chapter:
A. A “first offense” means a violation of one of the code provisions listed in any subsection of Section 1.28.020 allegedly committed by a person who has not been convicted of a violation of that same code provision within the calendar year during which the citation is issued or the preceding two calendar years; while a “second or subsequent offense” is a violation of one of the code provisions listed in any subsection of Section 1.28.020 allegedly committed by a person who has been convicted of a violation of that same code provision within the calendar year during which the citation is issued or the preceding two calendar years.
B. A person has been “convicted” of a violation if, prior to the events alleged to have occurred in the present citation, he or she has been convicted by a court of a violation of the specified ordinance or has entered a plea of no contest pursuant to Section 1.28.020. (Ord. 94-19 §4(part): Ord. 89-16 §3(part), 1989)
1.28.040 Penalty surcharge authorization and collection. Revised 7/18
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 of Utqiaġvik brought under a 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. The court may impose and collect the surcharge on all penalties imposed by the court where fines and bail forfeitures are paid to the court. For all criminal proceedings in which the fine or bail forfeiture is collected by the city, the surcharge imposed shall be collected by the city with the payment of the fine or forfeited bail and regularly paid over to the appropriate agency of the state less any collection and administration fee or reimbursement authorized by the state to be retained by the city. (Ord. 02-2017 §2(part); Ord. 98-08 §2)