Chapter 1.20
GENERAL PENALTY
Sections:
1.20.030 Aiding in an infraction.
1.20.046 Payment of fine without court appearance.
1.20.050 Minor offense fine schedule.
1.20.010 Generally.
A. Unless an ordinance specifically provides otherwise, any person violating any of the provisions of this code or failing to comply with any of the mandatory requirements of this code is guilty of an infraction and shall be punished by a fine not to exceed $500.00. A defendant charged with an infraction is not entitled to a jury trial or to court-appointed counsel at public expense.
B. Any person violating a provision of this code that specifically provides that a violation of the provision is a misdemeanor is guilty of a misdemeanor and punishable by a fine not to exceed $1,000 or imprisonment of not more than 90 days, or both.
C. The borough may institute a civil action against any person who violates a borough ordinance. In addition to injunctive and compensatory relief, a civil penalty not to exceed $1,000 may be imposed for each violation. Each day, or part thereof, that a violation of a borough ordinance continues shall constitute a separate violation. [Ord. 886 § 2, 2014; Ord. 833 § 7, 2009; Ord. 290 § 5, 1973; prior code § 30.10.010.]
1.20.020 Reserved.
Repealed by Ord. 886. [Ord. 204 § 5, 1966; prior code § 30.10.015.]
1.20.030 Aiding in an infraction.
Every person who counsels, abets or aids another in the commission of a particular infraction as expressly prescribed by ordinance is guilty of an infraction and is punishable in the same manner as the principal offender. [Ord. 886 § 2, 2014; Ord. 204 § 5, 1966; prior code § 30.10.020.]
1.20.040 Surcharge.
In addition to any penalty prescribed by law, a defendant convicted of violating a borough ordinance shall pay the surcharge required under AS 12.55.039 and 29.25.074. All such surcharges collected shall be remitted to the state of Alaska as required by AS 29.25.074. [Ord. 886 § 2, 2014.]
1.20.045 Disposition.
A. All citations issued by the Wrangell police department shall be deposited with the district court, first judicial district at Wrangell.
B. Citations issued by departments of the city, other than the Wrangell police department, shall be deposited with the Wrangell police department to be delivered to the district court, first judicial district at Wrangell when:
1. The offense requires a mandatory court appearance; or
2. The defendant requests arraignment or trial for optional court appearance offenses; or
3. The borough requests a default judgment.
C. Upon filing of such citation in the district court as aforesaid, the citation may, except as otherwise provided by law, be disposed of only by trial in the court or by other official action by a judge of the district court, by official action of a prosecutor or by payment of the applicable fine and surcharge as provided by this chapter.
D. The chief of police or their designee shall also maintain or cause to be maintained a record of all warrants, summons, and orders to show cause, and charges of failure to appear issued by the district court on violations for which citations have been issued, which are delivered to the police department for service, and of the final disposition of each.
E. It is unlawful and official misconduct for any member of the police department or other officer or public employee to destroy, alter or deface a citation, or any copy thereof, or the records of the issuance, or the disposition of any citation, complaint, or a warrant, in a manner other than as authorized by this title.
F. The chief of police or their designee shall require every police officer and enforcement agent to return a copy of every citation issued by the officer or agent to an alleged violator and all copies of every citation that have been spoiled or upon which any entry has been made and not issued to an alleged violator. The chief of police shall also maintain in connection with every citation issued by an officer or agent a record of the disposition of the charge. [Ord. 1054 § 1, 2024.]
1.20.046 Payment of fine without court appearance.
A. A person receiving a citation issued by the Wrangell police department for a violation for which a fine has been scheduled may, within 30 days from the date of the citation, mail or personally deliver to the court the amount of the scheduled fine and surcharge indicated on the citation together with a copy of the citation for the violation signed by the person indicating the person’s waiver of court appearance, entry of a plea of no contest, and payment of the fine and surcharge. The receipt of the fine, surcharge, and the signed plea of no contest shall act as a judgment of conviction. The payment of the fine and surcharge shall be complete satisfaction for that particular offense, but will not bar subsequent actions to enjoin violations, to order compliance or to prosecute repeated violations. Disposition of any offense under this section may not occur unless the person cited for the offense pays the surcharge prescribed in AS 12.55.039 in addition to the scheduled fine amount. If no fine has been scheduled for an offense, the alleged violator shall appear in the district court on the date shown on the citation.
B. A person receiving a citation issued by any department of the borough other than the Wrangell police department for a violation for which a fine has been scheduled may, within 30 days from the date of the citation, mail or personally deliver to the borough the amount of the scheduled fine and surcharge indicated on the citation together with a copy of the citation for the violation signed by the person indicating the person’s waiver of court appearance, entry of a plea of no contest, and payment of the fine and surcharge. The receipt of the fine, surcharge, and the signed plea of no contest shall act as a judgment of conviction. The payment of the fine and surcharge shall be complete satisfaction for that particular offense, but will not bar subsequent actions to enjoin violations, to order compliance or to prosecute repeated violations. Disposition of any offense under this section may not occur unless the person cited for the offense pays the surcharge prescribed in AS 12.55.039 in addition to the scheduled fine amount. If no fine has been scheduled for an offense, the alleged violator shall appear in the district court on the date shown on the citation. [Ord. 1054 § 1, 2024.]
1.20.050 Minor offense fine schedule.
In accordance with AS 29.25.070(a), citations for the following offenses 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 plus the state surcharge required by AS 12.55.039 and 29.25.074. If an offense is not listed on a fine schedule, the defendant must appear in court to answer the charges. The Alaska Court System’s Rules of Minor Offense Procedure apply to all offenses listed below. 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 below.
The fine amounts listed below 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).
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.
|
Section |
Offense |
Penalty/Fine |
|---|---|---|
|
Hours of operation – Licensed marijuana facility |
$500.00 fine for each offense. |
|
|
Cruelty – Abandonment |
$200.00 |
|
|
Animals at large prohibited |
First offense – $15.00, second offense – $50.00, third offense – $100.00. Fourth and subsequent offenses are mandatory court appearance offenses with a minimum fine of $200.00 and a maximum fine of $500.00. |
|
|
Licensing |
$25.00 fine for each offense. |
|
|
Dog vaccination required |
$50.00 fine for each offense. |
|
|
At large – Prohibited – Nuisance declared |
First offense – $15.00, second offense – $50.00, third offense – $100.00. Fourth and subsequent offenses are mandatory court appearance offenses with a minimum fine of $200.00 and a maximum fine of $500.00. |
|
|
Objectionable animals |
First offense – $15.00, second offense – $50.00, third offense – $100.00. Fourth and subsequent offenses are mandatory court appearance offenses with a minimum fine of $200.00 and a maximum fine of $500.00. |
|
|
Restraint requirements |
First offense – $15.00, second offense – $50.00, third offense – $100.00. Fourth and subsequent offenses are mandatory court appearance offenses with a minimum fine of $200.00 and a maximum fine of $500.00. |
|
|
Off-leash areas and off-leash area rules |
First offense – $15.00, second offense – $50.00, third offense – $100.00. Fourth and subsequent offenses are mandatory court appearance offenses with a minimum fine of $200.00 and a maximum fine of $500.00. |
|
|
Potentially dangerous and dangerous dogs: violation of restrictions, confinement requirements, and sign requirements |
First offense – $200.00. Second and subsequent offenses are mandatory court appearance offenses with a minimum fine of $300.00 and a maximum fine of $500.00. |
|
|
Biting dog – Confinement |
First offense – $200.00. Second and subsequent offenses are mandatory court appearance offenses with a minimum fine of $300.00 and a maximum fine of $500.00. |
|
|
Proclamation to confine all dogs during epidemic |
First offense – $200.00. Second and subsequent offenses are mandatory court appearance offenses with a minimum fine of $300.00 and a maximum fine of $500.00. |
|
|
Interference with animal enforcement agents |
First offense – $200.00. Second and subsequent offenses are mandatory court appearance offenses with a minimum fine of $300.00 and a maximum fine of $500.00. |
|
|
Accumulations of rubbish and materials prohibited |
$100.00 fine for each offense. |
|
|
Excessive noise prohibited |
First offense – $50.00, second offense – $75.00, third offense – $150.00. Fourth and subsequent offenses are mandatory court appearance offenses with a minimum fine of $300.00 and a maximum fine of $500.00. |
|
|
Fireworks where prohibited; sale where prohibited; display violations |
First offense – $200.00. Second and subsequent offenses are mandatory court appearance offenses with a minimum fine of $300.00 and a maximum fine of $500.00. |
|
|
Deposit in public places |
0 – 1 pound = $50.00 fine, 1 – 5 pounds = $150.00 fine, 6 – 10 pounds = $250.00 fine, 11 – 15 pounds = $350.00 fine, 15+ pounds = $500.00 fine. |
|
|
Maintaining sidewalks free of litter |
$75.00 fine for each offense. |
|
|
Deposit from vehicles prohibited |
$75.00 fine for each offense. |
|
|
Operating litter-generating vehicles prohibited |
0 – 1 pound = $50.00 fine, 1 – 5 pounds = $150.00 fine, 6 – 10 pounds = $250.00 fine, 11 – 15 pounds = $350.00 fine, 15+ pounds = $500.00 fine. |
|
|
Deposit on private property prohibited |
0 – 1 pound = $50.00 fine, 1 – 5 pounds = $150.00 fine, 6 – 10 pounds = $250.00 fine, 11 – 15 pounds = $350.00 fine, 15+ pounds = $500.00 fine. |
|
|
Property owner’s responsibility to maintain premises |
$75.00 fine for each offense. |
|
|
Handbills – Restrictions generally |
$75.00 fine for each offense. |
|
|
Handbills – Distribution on private property |
$75.00 fine for each offense. |
|
|
Posting notices prohibited |
$50.00 fine for each offense. |
|
|
Trespass – Unlawful |
$300.00 fine for each offense.
|
|
|
Trespass – Defined |
$300.00 fine for each offense. |
|
|
Abuse of 911 system |
First offense – $200.00. Second and subsequent offenses are mandatory court appearance offenses with a minimum fine of $300.00 and a maximum fine of $500.00. |
|
|
Discharge of firearms and other weapons prohibited within certain areas |
First offense – $200.00. Second and subsequent offenses are mandatory court appearance offenses with a minimum fine of $300.00 and a maximum fine of $500.00. |
|
|
Possession, control, or consumption of alcoholic beverages by persons under 21 years of age |
$500.00 fine for each offense. |
|
|
10.46.010(A)(1) |
Consumption of marijuana in a public place prohibited |
$100.00 fine for each offense. |
|
10.46.010(A)(2) |
Consume marijuana outdoors adjacent to public place without consent of property owner |
$100.00 fine for each offense. |
|
Possession of tobacco by a minor under 19 years of age |
$75.00 fine for each offense. |
|
|
Prohibited parking places |
$50.00 fine for each offense. |
|
|
Red-painted curbs and signs – No parking |
$50.00 fine for each offense. |
|
|
Time-limit parking |
$50.00 fine for each offense. |
|
|
Blocking roadway prohibited |
$50.00 fine for each offense. |
|
|
Bus stop and passenger zone – Parking prohibited |
$50.00 fine for each offense. |
|
|
Loading and unloading materials |
$50.00 fine for each offense. |
|
|
Method of parking – Loading permits |
$50.00 fine for each offense. |
|
|
Parking in excess of posted time limit – Parking lots |
$50.00 fine for each offense. |
|
|
Proper parking required – Parking lots |
$50.00 fine for each offense. |
|
|
Vehicles and objects prohibited – Parking lots |
$75.00 fine for each offense. |
|
|
Stop when traffic obstructed |
$75.00 fine for each offense. |
|
|
Bicycle restrictions on sidewalks |
$50.00 fine for each offense. |
|
|
U-turns prohibited |
$50.00 fine for each offense. |
|
|
Dragging objects prohibited |
$50.00 fine for each offense. |
|
|
Projecting loads on passenger vehicles |
$50.00 fine for each offense. |
|
|
Use of coaster, rollerskates, skateboards, sleds and skis |
$50.00 fine for each offense. |
|
|
Excessive acceleration |
$50.00 fine for each offense. |
|
|
Sound trucks – Permit required |
$100.00 fine for each offense. |
|
|
Registration required |
$50.00 fine for each offense. |
|
|
Required equipment |
$50.00 fine for each offense. |
|
|
Snowmobile operation restricted |
$50.00 fine for each offense. |
|
|
Designated right-of-way |
$50.00 fine for each offense. |
|
|
Unlicensed operators |
$50.00 fine for each offense. |
|
|
Registration required |
$50.00 fine for each offense. |
|
|
Hours of operation |
$50.00 fine for each offense. |
|
|
Prohibited areas of operation |
$50.00 fine for each offense. |
|
|
Helmets required |
$50.00 fine for each offense. |
|
|
Lights |
$50.00 fine for each offense. |
|
|
Citation for defective equipment |
$150.00 fine for each offense. |
|
|
Failure to stop at direction of peace officer |
$150.00 fine plus four points off of driver’s license for each offense. |
|
|
Parental responsibility |
$50.00 fine for each offense. |
|
|
Owner responsibility |
$50.00 fine for each offense. |
|
|
Junk vehicles unlawful |
$50.00 fine for each offense. Each 10 days shall constitute a separate violation. |
|
|
Speeding |
$150.00 fine for each offense. |
|
|
Hazard to navigation |
$100.00 fine for each offense. |
|
|
Failure to register |
$25.00 fine for each offense. |
|
|
Improper mooring |
$25.00 fine for each offense. |
|
|
Inadequate equipment |
$50.00 fine for each offense. |
|
|
Improper use of facilities |
$50.00 fine for each offense. |
|
|
Improper waste disposal |
$50.00 fine for each offense. |
|
|
Use of port and harbor dumpsters |
$150.00 fine for each offense |
|
|
Improper petroleum product disposal |
$100.00 fine for each offense. |
|
|
Improper care and control of animals |
$25.00 fine for each offense. |
|
|
Water sports |
$25.00 fine for each offense. |
|
|
Improper use of seaplane float |
$50.00 fine for each offense. |
|
|
Improper use of a loading zone |
$25.00 fine for each offense. |
|
|
Improper use of fire equipment |
$100.00 fine for each offense. |
|
|
Improper use of utilities |
$50.00 fine for each offense. |
|
|
Tampering and defacing signs |
$25.00 fine for each offense. |
|
|
Nuisance |
$100.00 fine for each offense. |
|
|
Failure to comply with rules, regulations or procedures |
$100.00 fine for each offense. |
|
|
Obstruct or impede use of any launch ramp |
$50.00 fine for each offense. |
|
|
Unauthorized turning on or off of service |
$250.00 fine for each offense. |
|
|
Fire hydrant restrictions |
$250.00 fine for each offense. |
|
|
Water Shortage Management Plan – Violations and Charges – Nonindustrial/noncommercial water customers |
Stage II water shortage: |
|
|
Water Shortage Management Plan – Violations and Charges – Nonindustrial/noncommercial water customers |
Stage III water shortage: |
|
|
Water Shortage Management Plan – Violations and Charges – Industrial or commercial water customers |
Stage II water shortage: |
|
|
Water Shortage Management Plan – Violations and Charges – Industrial or commercial water customers |
Stage III water shortage: |
|
|
Refuse containers – Required |
$150.00 fine for each offense. |
|
|
Refuse containers – Maintained |
$150.00 fine for each offense. |
|
|
Disposal of offensive refuse prohibited |
$150.00 fine for each offense. |
|
|
Burning of certain materials prohibited |
$150.00 fine for each offense. |
|
|
Monofill disposal permit and fees |
$150.00 fine for each offense. |
|
|
Building/structure declared unlawful and a public nuisance |
$100.00 fine for each offense. |
[Ord. 1054 § 2, 2024; Ord. 1051 § 2, 2024; Ord. 1049 § 2, 2024; Ord. 958 § 2, 2019; Ord. 945 § 2, 2018; Ord. 936 § 2, 2017; Ord. 934 § 2, 2017; Ord. 927 § 2, 2016; Ord. 914 § 2, 2016; Ord. 912 § 2, 2015; Ord. 907 § 2, 2015; Ord. 894 § 2, 2015; Ord. 889 § 2, 2014; Ord. 886 § 2, 2014.]