Section 29.35.020. Extraterritorial jurisdiction.

   (a) To the extent a municipality is otherwise authorized by law to exercise the power necessary to provide the facility or service, the municipality may provide facilities for the confinement and care of prisoners, parks, playgrounds, cemeteries, emergency medical services, solid and septic waste disposal, utility services, airports, streets (including ice roads), trails, transportation facilities, wharves, harbors and other marine facilities outside its boundaries and may regulate their use and operation to the extent that the jurisdiction in which they are located does not regulate them. A regulation adopted under this section must state that it applies outside the municipality.
   (b) A municipality may adopt an ordinance to exercise a power authorized by this subsection and may enforce the ordinance outside its boundaries. Before a power authorized by this subsection may be exercised inside the boundaries of another municipality, the approval of the other municipality must be given by ordinance, and before a power authorized by this subsection may be exercised inside a village, as that term is defined by AS 46.08.900, the approval of the village must be given by resolution.  A municipality intending to exercise its authority under this subsection shall act by ordinance, and may adopt an ordinance under this subsection to
        (1) protect its water supply and watershed; or
        (2) contain, clean up, or prevent the release or threatened release of oil or a hazardous substance that may pose an imminent or substantial threat to persons, property, or natural resources within the municipality's boundaries; however, this paragraph does not authorize a municipality to enforce an ordinance outside its boundaries to regulate exploration, development, production, or transportation of oil, gas, or minerals in a manner inconsistent with the state's management of those resources, and enforcement of the ordinance must be consistent with a regional master plan prepared by the Department of Environmental Conservation under AS 46.04.210; in this paragraph, "natural resources" has the meaning given in AS 46.03.826.
   (c) A municipality may enter into agreements with the United States Coast Guard, the United States Environmental Protection Agency, and other persons relating to development and enforcement of vessel traffic control and monitoring systems for oil barges and tank vessels carrying oil operating in or near the waters of the state.
   (d) This section applies to home rule and general law municipalities.
   (e) In this section, "village"
        (1) means the area within a five-mile radius of the village post office or, if there is no post office, another site designated by the commissioner;
        (2) does not include an area described in (1) of this subsection that is within a city or another village.

Authorities

29.10.200;29.35.131;29.35.805;38.04.900

Notes

References

18 AAC 75.396
AS 29.10.200 Limitation of home rule powers.
AS 29.35.131 911 surcharge.
AS 29.35.805 Establishment of regional solid waste management authorities.
AS 38.04.900 Regulations.

History

(Sec. 10 ch 74 SLA 1985; am Sec. 1 ch 191 SLA 1990; am Sec. 2, 3 ch 83 SLA 1991; am Sec. 3 ch 15 SLA 1998)