1982-49 Enacting Chapter 8.12 of Borough Code on LitteringR 7 .'1 t
AN ORDINANCE OF THE KODIAK ISLAND BOROUGH ASSEMBLY ENACTING
CHAPTER 8.12 OF BOROUGH CODE ON LITTERING.
The Kodiak Island Borough Hereby Ordains:
SECTION 1: That Title 8 of the Kodiak Island Borough Code is amended by the
addition of a Chapter numbered 8.12, entitled "Littering" which reads as follow
8.12.010 Unlawful Acts. It is unlawful for any person to throw, drop,
deposit, discard or otherwise dispose of litter in or on any property not his
own, or on any public property, building, park, recreation area, parking lot,
street or highway, other than in lawful waste disposal sites.
8.12.020 Definition. As used in this chapter, "litter" means waste or
waste materials of every kind and nature, including but not limited to rubbish,
garbage, junk, paper, paper products or other discarded objects.
8.12.030 Penalties. (A) A person who violates the provisions of this
chapter is guilty of a misdemeanor and upon conviction is punishable by a fine
of not more than five hundred dollars ($500.00) or by improsonment not to
exceed thirty (30) days or both; in addition, the Court may order the person
to gather and dispose of litter in an area for a length of time determined by
the Court.
(B) Notwithstanding the availability of any other remedy, the Borough or
aggrieved person may bring a civil action to enjoin any violation of this
chapter, or to obtain damages for any injury the plaintiff suffered as a result
of the violation.
(C) Each act or condition violating this chapter, and each day during
which the act or condition exists, continues or is repeated shall be a separate
and distinct violation.
SECTION 2: This ordinance shall be in full force and effect upon passage and
approval by the Kodiak Island Borough Assembly.
ATTEST:
BY:
SECTIONS
8.12.010
8.12.020
8.12.030
ORDINNCENM 82 0(A)
CHAPTER 8.12
LITTERING
Unlawful Acts
Definition
Penalties
PASSED AND APPROVED THIS 6th DAY OF January, 1983.
oroug
FIRST READING DATE: December 12, 1982
SECOND READING AND PUBLIC HEARING DATE: January 6, 1983
EFFECTIVE DATE: January 6, 1983
REQUESTED BY AND RECOMMENDATION: Community Development Department. Staff
recommends this ordinance be approved.
r)
0 1 1 1 11 I
KODIAK ISLAND BOROUGH
ORDINANCE NO. 82 -49 -0
AN ORDINANCE OF THE KODIAK ISLAND BOROUGH ASSEMBLY ENACTING CHAPTER
8.12 OF BOROUGH CODE ON LITTERING.
The Kodiak Island Borough Assembly Hereby Ordains:
SECTION 1: That Chapter 8.12 of Borough Code is enacted to read as follows:
ATT gT:
Borough Clerk
SECTIONS
8.12.010
8.12.020
8.12.030
CHAPTER 8.12
LITTERING
BY:
Definitions/
Littering Prohibited
Penalty
8.12.010 Definitions. For the purposes of this chapter the following
definitions shall apply:
A. Litter. "Litter" means any kind of rubbish, garbage, material,
animal viscera or other discarded objects.
B. Littering. "Littering" means the intentional deposting or
abandonment of litter on any Borough property not designated as a sanitary
landfill site.
8.12.020 Littering Prohibited. No person or persons shall throw, drop,
deposit, discard or otherwise dispose of litter from a vehicle or otherwise, on
Borough property unless:
1. The property is designated 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. The litter is placed in a designated litter receptacle so that
the litter is prevented from being carried away by the elements.
8.12.030 Penalty. Any person who violates the provisions of this Chapter
is guilty of a Class B Misdemeanor and in addition to the punishment imposed by
A.S. 12.55.035(B)(4) and 12.55.135(B), the Court may order the person to gather
and dispose of litter in an area and for a length of time determined by the
court.
SECTION 2: This ord(nance shall be in full force and effect upon passage and
adoption.
PASStD AND APPROVED THIS DAY OF , 19
KODIAK ISLAND BOROUGH
Borough Mayor
!1
Kodiak Island Borough
'Page' 73 8? -J 9 7 7 0
FIRST READING DATE: December 2. 1982
SECOND READING AND PUBLIC HEARING DATE:
EFFECTIVE DATE:
PREPARED BY: Community Development Department
REQUESTED BY: Community Development Department
RECOI4IENDATION: Staff recommends approval of this Ordinance.