(A) Every act prohibited by city ordinance is unlawful. Unless another penalty is expressly provided by this code for a particular act or offense, every person convicted of an infraction or violation of any provision of this code, or any rule or regulation adopted or issued pursuant to this code, is guilty of a minor offense as that term is defined in the Alaska Rules of Minor Offense Procedure and shall be punished by a fine of not more than five hundred dollars ($500) unless the penalty is established by fine schedule, in which case the maximum penalty shall be one thousand dollars ($1,000).
(B) In addition to any other remedies or penalties which may be provided in this code, or may otherwise be available, the city or any aggrieved person may institute a civil action to obtain injunctive or compensatory relief against a person who violates any provision of the code. In addition to injunctive and compensatory relief, a civil penalty not to exceed one thousand dollars ($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 violation or threatened violation, the superior court shall grant the injunction. The City shall be entitled to collect all reasonable attorney’s fees in any successful civil action to enforce the laws of the City.
(C) Each act of violation and every day upon which the violation occurs constitutes a separate offense.
(D) No penalties established by a fine schedule, whether set forth in full or adopted as part of this code by reference, may be judicially reduced.
(Ord. 2016-02, passed 2-23-16; Am. Ord. 2018-02, passed 1-23-18)
In addition to any penalty prescribed by law, a defendant convicted of violating a city 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. 2016-02, passed 2-23-16)
(A) The charge for the violation of a code provision may be brought by any peace officer, the city manager, or that city official responsible for the administration and enforcement of the code provision which has been violated.
(B) The city shall use the Alaska Uniform Citation form, or the electronic version if authorized, to provide notice of a minor offense to anyone accused of violating any provision of this code.
(Ord. 2016-02, passed 2-23-16)
A person charged with a minor offense listed on a fine schedule may appear in court to contest the charge. If an offense is not listed on a fine schedule, or if the citation indicates that a court appearance is mandatory, the defendant must appear in court to answer the charges. As a minor offense, trial is by the court without a jury, and there is no right to court-appointed defense counsel.
(Ord. 2016-02, passed 2-23-16)
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