1983-07 Amending Chapter 18.35 of the Borough Code on Trespass0 0 1
Z
KODIAK ISLAND BOROUGH
ORDINANCE N0. 83- 7 -0(A)
AN ORDINANCE OF THE KODIAK ISLAND BOROUGH ASSEMBLY AMENDING CHAPTER
18.35. OF BOROUGH CODE ON TRESPASS.
The Kodiak Island Borough Assembly Hereby Ordains:
SECTION 1: That Chapter 18.35 of Borough Code is amended to read as follows:
CHAPTER PASS 18.35
SECTIONS:
18.35.010 Trespass -- Unlawful
18.35.020 Trespass -- Defined
18.35.030 Posting
18:35.040 Enforcement
18.35.050 Penalties
corporation 8 to 5 comm t trespass l upon 1property u owned u or f controlled s by the or
Borough.
18.35.020 Tres ass -- Defined. Any of the following acts, by any
person, firm or corporat on, are among those that constitute trespass and are of
violation of the provisions of this Chapter:
A. An violation of a notice u posted r or e exhibited r at e the nmainuentranceuto theppremises; in
B. ursuit of a notice posted Tor exhibitedfatntheomain entrancectooBoroughnpropertyaoroat
any point of approach or entry, or given orally or in writing by an authorized
agent of the Borough;
C. uon
request to do so orally lorein or writin b y oane authorized 8 agent h of r the r Bo ro u g h ; The Borough
D.
authorized agentof
Borough;
or stone from Borough property without writtennpermissionafrom of annauthorizedth,;
agent of the Borough;
F. Littering in or on Borough property.
18.35.030 Postin . The Manager or his designee is authorized to cause
the postin o s gns on or around Borough property, buildings, or other areas
advising that such property, building or area is restricted as to public use or
access.
18.35.040 Enforcement. Appropriate action may be taken by the Manager)
or his des gnee at any t me, or from time to time, to enforce the provisions of'
this chapter or to prevent violations thereof.
18.35.050 Penalty.
A. A person who violates the provisions of this chapter is
'guilty of a misdemeanor and upon convition is punishable by a fine of not more
than five hundred dollars (1500.00) or by imprisonment not to exceed thrity
(30) days or both;
B. Notwithstanding the availability of any other remedy, the
Borough or any 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;
z 7 ; 7
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;
D. The penalties provided for violation of this section are
addition to and not in lieu of any other penalty provided for in state law or
municipal ordinance or any civil remendy available to the municipality.
SECTION 2: That this ordinance shall be in full force and effect upon passage
andappproval by the Kodiak Island Borough Assembly.
PASSED AND APPROVED THIS 3rd DAY OF February
ATTEST:
Ord. No. 83 -7 -0 (A)
Page 2
FIRST READING DATE: January 6, 1983
SECOND READING AND PUBLIC HEARING DATE:February 3, 1983
, 1983.
EFFECTIVE DATE: February 3, 1983
REQUESTED BY:Community Development Department
PREPARED BY:Community Development Department and Borough Attorney
RECOMMENDATION:The Community Development Department Staff recommends approva'
of this Ordinance.