Section 29.25.070. Penalties.

   (a) For the violation of an ordinance, a municipality may by ordinance prescribe a penalty not to exceed a fine of $1,000 and imprisonment for 90 days, except as limited by (g) of this section. For a violation that cannot result in incarceration or the loss of a valuable license, a municipality may allow disposition of the violation without court appearance and establish a schedule of fine amounts for each offense.
   (b) The municipality or an aggrieved person may institute a civil action against a person, including a minor as provided in AS 29.25.072, who violates an ordinance. In addition to injunctive and compensatory relief, a civil penalty not to exceed $1,000 may be imposed for each violation. An action to enjoin a violation may be brought notwithstanding the availability of any other remedy. On application for injunctive relief and a finding of a violation or a threatened violation, the superior court shall grant the injunction. Each day that a violation of an ordinance continues constitutes a separate violation.
   (c) The penalties authorized under this section may be imposed only if copies of the ordinance are made available for distribution to the public at no more than cost.
   (d) This section does not apply to an ordinance adopted under AS 04.11.501(c).
   (e) The municipality shall provide written notice to the commissioner of health and social services or to the commissioner's designee of the commencement of a civil enforcement action for the violation of an ordinance under (b) of this section against a minor. Unless the commissioner and the municipality have negotiated an agreement making other arrangements for the municipality to provide the notice required by this subsection, the municipality shall provide the notice by mailing a copy of the citation or other document setting out the notice of the commencement of the civil enforcement action. This subsection applies to home rule and general law municipalities.
   (f) In this section, "minor" means a person under 18 years of age.
   (g) If a municipality prescribes a penalty for a violation of a municipal ordinance, including a violation under (a) of this section, and there is a comparable state offense under AS 11 or AS 28 with elements that are similar to the municipal ordinance, the municipality may not impose a greater punishment than that imposed for a violation of the state law. This subsection applies to home rule and general law municipalities.

Authorities

12.55.039;28.22.019;29.10.200;29.25.072;29.35.085;39.90.130;47.12.030

Notes

References

AS 12.55.039 Surcharge.
AS 28.22.019 Proof of insurance to be exhibited on demand; penalty.
AS 29.10.200 Limitation of home rule powers.
AS 29.25.072 Civil penalties for violation of municipal ordinances by minors.
AS 29.35.085 Curfew.
AS 39.90.130 Exemption for municipalities.
AS 47.12.030 Provisions inapplicable.

History

(Sec. 8 ch 74 SLA 1985; am Sec. 16 ch 80 SLA 1986; am Sec. 11 ch 76 SLA 1987; am Sec. 65 ch 101 SLA 1995; am Sec. 2, 3 ch 107 SLA 1998; am Sec. 112, 113 ch 36 SLA 2016)