Section 09.65.070. Suits against incorporated units of local government.

   (a) Except as provided in this section, an action may be maintained against a municipality in its corporate character and within the scope of its authority.
   (b) A municipality may not require a person to post bond as a condition to bringing a cause of action against it.
   (c) An action may not be maintained against an employee or member of a fire department operated and maintained by a municipality or village if the claim is an action for tort or breach of a contractual duty and is based upon the act or omission of the employee or member of the fire department in the execution of a function for which the department is established.
   (d) An action for damages may not be brought against a municipality or any of its agents, officers, or employees if the claim
        (1) is based on a failure of the municipality, or its agents, officers, or employees, when the municipality is neither owner nor lessee of the property involved,
             (A) to inspect property for a violation of any statute, regulation, or ordinance, or a hazard to health or safety;
             (B) to discover a violation of any statute, regulation, or ordinance, or a hazard to health or safety if an inspection of property is made; or
             (C) to abate a violation of any statute, regulation, or ordinance, or a hazard to health or safety discovered on property inspected;
        (2) is based upon the exercise or performance or the failure to exercise or perform a discretionary function or duty by a municipality or its agents, officers, or employees, whether or not the discretion involved is abused;
        (3) is based upon the grant, issuance, refusal, suspension, delay, or denial of a license, permit, appeal, approval, exception, variance, or other entitlement, or a rezoning;
        (4) is based on the exercise or performance during the course of gratuitous extension of municipal services on an extraterritorial basis;
        (5) is based upon the exercise or performance of a duty or function upon the request of, or by the terms of an agreement or contract with, the state to meet emergency public safety requirements; or
        (6) is based on the exercise or performance of a duty in connection with an enhanced 911 emergency system and is not based on an intentional act of misconduct or on an act of gross negligence.
   (e) In this section
        (1) "municipality" has the meaning given in AS 01.10.060 and includes a public corporation established by a municipality;
        (2) "village" means an unincorporated community where at least 25 people reside as a social unit.

Authorities

19.30.420;29.35.131;29.35.133;29.35.137

Notes

Recent Bills that will modify this

HB 104 IMMUNITY FOR FIRE DEPT. & MEMBERS
SB 43 IMMUNITY FOR FIRE DEPT. & MEMBERS

References

AS 19.30.420 Immunity from liability for damages; risk of use of right-of-way acquired under former 43 U.S.C. 932.
AS 29.35.131 911 surcharge.
AS 29.35.133 Immunity for 911 systems.
AS 29.35.137 Definitions.

History

(Sec. 5.13 ch 101 SLA 1962; am Sec. 1 ch 23 SLA 1964; am Sec. 1 ch 19 SLA 1975; am Sec. 1 ch 215 SLA 1975; am Sec. 1 - 3 ch 37 SLA 1977; am Sec. 24 ch 74 SLA 1985; am Sec. 2 ch 57 SLA 1993)