FY2023-18 Code Enforcement Final1
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KODIAK ISLAND BOROUGH
ORDINANCE NO. FY2023-18
AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING
KODIAK ISLAND BOROUGH CODE TITLE 1 GENERAL PROVISIONS CHAPTER 1.20
GENERAL PENALTY SECTION 1.20.050 FINE SCHEDULE SETTING OUT PENALTIES IN
THE MINOR OFFENSE FINE SCHEDULE; AND AMENDING TITLE 8 HEALTH AND SAFETY
CHAPTER 8.20 LITTERING SECTION 8.20.010 UNLAWFUL ACTS REGARDING LITTERING
AND IMPROPER DISPOSAL OF WASTE
WHEREAS, the Kodiak Island Borough has adopted provisions to include certain code
violations in the Alaska Uniform Minor Offense Table (UMOT); thus, allowing enforcement with
citations as necessary requires reasons to be described in the code; and
WHEREAS, the Assembly desires to include additional code violations in the UMOT to enable
more effective enforcement where those violations occur; and
WHEREAS, the Assembly desires to establish new provisions in the Kodiak Island Borough
Code designed to enable more effective enforcement of prohibitions on improper disposal of
waste at transfer sites by making the owner of the vehicle used in connection with the improper
disposal of the waste responsible for the violation.
NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND
BOROUGH that:
Section 1: This ordinance is of a general and permanent nature and shall become a part of the
Kodiak Island Borough Code of Ordinances.
Section 2: That Kodiak Island Borough Section 1.20.050 Fine Schedule is amended to read as
follows:
1.20.050 Fine Schedule.
Code Section
Offense
Penalty/Fine
KIBC 6.04.020
Cruelty to Animals
Mandatory court
appearance
KIBC 6.04.060
Contagious Animals
$55
Prohibited (1st offense)
KIBC 6.04.060
Contagious Animals
$83
Prohibited (2nd offense)
KIBC 6.04.060
Contagious Animals
$100
Prohibited (3rd and
subsequentoffenses)
Ordinance No. FY2023-18 Page 1 of 5
KIBC 6.04.080
Annoying Animals
$28
Prohibited (1st offense)
KIBC 6.04.080
Annoying Animals
$55
Prohibited (2nd offense)
KIBC 6.04.080
Annoying Animals
$83
Prohibited (3rd and
subsequentoffenses)
KIBC 6.04.100(A)
Control of Animals
Mandatory court
appearance
KIBC 6.04.100(B) and
Control of Animals (1st
$55
(D)
offense)
KIBC 6.04.100(B) and
Control of Animals (2nd
$83
(D)
offense)
KIBC 6.04.100(B) and
Control of Animals (3rd
$110
(D)
and subsequent
offenses)
KIBC 6.04.110
Animal Littering
$28
Prohibited (1st offense)
KIBC 6.04.110
Animal Littering
$55
Prohibited (2nd offense)
KIBC 6.04.110
Animal Littering
$83
Prohibited (3rd and
subsequentoffenses)
KIBC 6.04.120(A), (B),
Animal Identification (1st
$28
(C) and (D)
offense)
KIBC 6.04.120(A), (B),
Animal Identification (2nd
$55
(C) and (D)
offense)
KIBC 6.04.120(A), (B),
Animal Identification (3rd
$83
(C) and (D)
and subsequent
offenses)
KIBC 6.04.130
Animal Tag and Collar
$28
(1st offense)
KIBC 6.04.130
Animal Tag and Collar
$55
(2nd offense)
KIBC 6.04.130
Animal Tag and Collar
$83
(3rd and subsequent
offenses)
KIBC 8.20.010(A)
Littering
$100 first offense, $300
second offense. $1000
third offense.
KIBC 8.20.010(B)
Allowing Vehicle to be
$100 first offense, $300
Used in littering
second offense, $1000
third offense.
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Ordinance No. FY2023-18 Page 2 of 5
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KIBC 8.20.010(C)
Allowing Vehicle to be
$100 first offense, $300
Used in the Improper
second offense, $1000
Disposal of Solid Waste
third offense.
at a Borough Waste
Site
KIBC 8.25.070(B)(3)(b)
Solid Waste Storage and
$50
Set -Out (1 st offense)
KIBC 8.25.070(B)(3)(b)
Solid Waste Storage and
$200
Set -Out (2nd offense)
KIBC 8.25.070(B)(3)(b)
Solid Waste Storage and
$500
Set -Out (3rd offense)
KIBC 8.25.070(B)(3)(b)
Solid Waste Storage and
$1,000
Set -Out (4th and
subsequent offenses)
KIBC 10.10.010
Junk Vehicles (1st
$450
offense)
KIBC 10.10.010
Junk Vehicles (2nd and
$600
subsequent offenses)
KIBC 10.20.010
Obstruction of Rights -of-
$50
Way (1st offense)
KIBC 10.20.010
Obstruction of Rights -of-
$100
Way (2nd offense)
KIBC 10.20.010
Obstruction of Rights -of-
$200
Way (3rd and
subsequent offenses)
KIBC 10.20.020
Obstruction of Service
$50
(1 st offense)
KIBC 10.20.020
Obstruction of Service
$100
(2nd offense)
KIBC 10.20.020
Obstruction of Service
$200
(3rd and subsequent
offenses)
KIBC 15.50.030(C)
Violation of Stop Work
$300 per day
Order
KIBC 17.15.060
Failure to Obtain
300
Zoning Compliance
Permit
KIBC 17.15.020
Use, Occupancy,
$300.00
Construction in
Violation of Zone
Limitations, per day
Ordinance No. FY2023-18
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KIBC 17.165.050
Improper Use of
Recreational Vehicle as
Mandatory Court
appearance
a Dwelling Unit
Section 3: That Kodiak Island Borough Section 8.20.010 Unlawful Acts is amended to read as
follows:
8.20.010 Unlawful Acts.
A. A person may not throw, drop, deposit, discard or otherwise dispose of litter from a vehicle
or otherwise, on public or private property in the borough or in waters in the borough or
under borough jurisdiction unless:
The property is designated by the borough as a site for the sanitary disposal of
garbage or refuse, and the person is authorized to use the site for that purpose; or
2. Litter is placed in a litter receptacle, and the person is authorized to use that
receptacle, so that the litter is prevented from being carried away or deposited by the
elements upon public or private property or waters in the borough or under borough
jurisdiction.
B. Use of vehicle to litter. A vehicle may not be in used in the commission of the
violation of subsection (A) of this section. It is a violation of this section to use or
allow the use of a vehicle in the violation of subsection (A) of this section.
1. Vehicle Owner's Responsibility. It is unlawful for any person, firm, or
corporation to authorize or knowingly to permit any vehicle registered in his,
her or its name to be used in the violation of subsection (A) of this section.
2.
any registered owner of the vehicle. When a vehicle is registered to two or more
owners each owner is deemed to have consented to any use of the vehicle by
another registered owner and each such owner shall be deemed to have given
consent to the use of the vehicle by any other person who has received the
consent of any registered owner. Only the registration records of the vehicle as
of the date of the violation or an acknowledgment of conveyance signed or
sworn to by the alleged new owner will be accepted as satisfactory evidence
that a vehicle has been sold or otherwise conveyed to a new owner.
C. Use of vehicle to improperly deposit waste. A vehicle may not be used in the
transportation or disposal of solid waste, as defined in KIBC 8.25.020, at a
borough waste site unless the waste is placed in the container provided for that
purpose. It is a violation of this section to use or allow the use of a vehicle to
transport solid waste which is deposited on the ground outside of the container
at a waste site. For purposes of this section a waste site is a location where a
roll off container has been placed by the borough or its contractor for persons
to deposit solid waste.
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1. Vehicle Owner's Responsibility. It is unlawful for any person, firm, or
2.
that purpose.
a new owner.
will
D. B A vehicle may not be driven or moved on a public highway or right-of-way unless it
is constructed, loaded or covered to prevent its load from dropping, shifting, leaking or
otherwise escaping from the vehicle. This subsection does not apply to a vehicle used:
To deposit salt or sand to secure traction; or
By a public agency to clean or maintain highways.
The vehicle owner and the person who operates the vehicle are each responsible for penalties
for violation of this section. A person who operates a vehicle from which an object has fallen or
escaped which obstructs or endangers travel upon a public highway or right-of-way shall
immediately remove the object at his own expense or pay the cost of removal incurred by the
borough or by another party.
Effective Date: This ordinance takes effect 30 days after adoption.
ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
THIS THIRD DAY OF AUGUST, 2023
KODIAK ISLAND BOROUGH
ATT T:
Scott Arndt,/Mayor �I
Nova M. Javier, MMC, Boro gh Clerk
Introduced by: KIB Assembly
First reading: 07/20/2023
Second reading/public hearing: 08/03/2023
VOTES:
Ayes: Delgado, Griffin, Smiley, Smith, Sharratt, and Turner
Absent: LeDoux
Ordinance No. FY2023-18
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