1998-26 Amending Code Sections to Address Surcharges on Criminal OffensesKODIAK ISLAND BOROUGH
ORDINANCE NO. 98 -26
Introduced by: Mayor Selby
Requested by: Borough Attorney
Drafted by: Borough Attorney
Introduced: 09/03/98
Public Hearing: 09/22/98
Adopted: 09/22/98
AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
AMENDING THE KODIAK ISLAND BOROUGH
CODE OF ORDINANCES TITLE 1 GENERAL PROVISIONS, TITLE 6 ANIMALS,
TITLE 8 HEALTH AND SAFETY, TITLE 9 PUBLIC PEACE, MORALS, & WELFARE,
TITLE 10 VEHICLES AND TRAFFIC, TITLE 13 UTILITIES, TITLE 15 BUILDINGS
AND CONSTRUCTION, TITLE 17 ZONING, AND TITLE 18 BOROUGH REAL
PROPERTY TO ADDRESS SURCHARGES ON CRIMINAL OFFENSES
WHEREAS, in House Bill 261 (Chapter 56 SLA 1998) effective August 27, 1998, the
Alaska Legislature required that surcharges be imposed for violations of municipal law;
and
WHEREAS, newly enacted AS 29.25.072 prohibits a municipality from enforcing
ordinances for which a fine of $30 or more or imprisonment is prescribed as a penalty
unless the municipality authorizes the imposition of and provides for the collection of
the surcharge; and
WHEREAS, the Alaska Legislature has indicated its intent that the surcharges are to
be deposited into the Alaska police training fund; and
WHEREAS, the Kodiak Island Borough Code of Ordinances provides in several places
for penalties of $30 or more or imprisonment;
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: Chapter 1.12 GENERAL PENALTY of the Kodiak Island Borough Code of
Ordinances is hereby amended as follows:
1.12.010 Designated. A violation of a provision of this code is an offense punishable upon
conviction by a fine of not more than five hundred dollars ($500) or by imprisonment not to
exceed thirty days (30), or both, in addition to the surcharge required to be imposed under AS
12;55.039. If another penalty is established by ordinance for the provision violated, that penalty
Kodiak Island Borough, Alaska Ordinance No. 98 -26
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shall apply. Each day during which a continuing violation exists or is repeated shall be a separat e
and distinct violation.
Section 3: Chapter 6.04 ANIMAL CONTROL of the Kodiak Island Borough Code of
Ordinances is hereby amended as follows:
6.04.210 Penalties and remedies.
A. If a fine amount is set for an offense arising under 6.04, a person charged with that
offense can dispose of the charge (by mail or in person) by paying the fine amount, in addition
to the surcharge required to be imposed under AS 12,55.039, and checking the "no contest plea"
box on the back of the citation. Alternatively, the person may choose to appear in court and
contest the citation. If a person is cited for an offense for which a scheduled fine has been
established under this chapter and fails to pay a fine or appear in court, the citation shall be
considered a summons for a misdemeanor. If found guilty, the maximum sentence that may be
imposed is the fine amount, in addition to the surcharge required to be imposed under AS
A person charged with an offense for a fine amount that has been set (whether it is
an infraction or a misdemeanor) does not have a right to a jury or to a court - appointed lawyer.
If no fine is set for an offense, the defendant must appear in court for arraignment.
Section 4: Chapter 8.12 LITTERING of the Kodiak Island Borough Code of
Ordinances is hereby amended as follows:
8.12.030 Penalties and remedies.
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 one thousand dollars ($1,000), in
addition to the surcharge required to be imposed under AS 12.55.039. In addition, the court may
order the person to gather and dispose of litter in an area and for a length of time to be determine d
by the court.
Section 5: Chapter 9.20 PEACE OFFICERS of the Kodiak Island Borough Code of
Ordinances is hereby amended as follows:
9.20.030 Penalty. A person who interferes with, unlawfully assaults or threatens, or unlawfully
strikes or wounds a peace officer while he is performing his duties is guilty of a misdemeanor,
punishable by a fine of not more than five hundred dollars ($500) or by imprisonment in jail for
not more than thirty (30) days, or by both, in addition to the surcharge required to be imposed
under AS 12.55.039.
Section 6: Chapter 10.10 JUNK OR ABANDONED VEHICLES of the Kodiak Island
Borough Code of Ordinances is hereby amended as follows:
10.10.080 Penalties and remedies.
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 three hundred dollars ($300), in addition
to the surcharge required to be imposed under AS 12.55.039
Kodiak Island Borough, Alaska Ordinance No. 98 -26
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Section 7: Chapter 13.04 ADMINISTRATION -- ENFORCEMENT- - PENALTIES of the
Kodiak Island Borough Code of Ordinances is hereby amended as follows:
13.04.050 Penalties and remedies.
A. A person who violates any provision of this title, or any order issued under subsection
13.04.020(A) of this chapter, is guilty of a misdemeanor and, upon conviction, is punishable by
a fine of not more than five hundred dollars ($500) for each day of violation, in addition to the
surcharge requiredtto be imposed under AS 12:55.033;
Section 8: Chapter 15.40 ENFORCEMENT, PENALTIES, AND REMEDIES of the
Kodiak Island Borough Code of Ordinances is hereby amended as follows:
15.40.030 Penalties and remedies.
A. A person who violates any provision of this title or any order issued under section
15.40.010 of this chapter is guilty of a misdemeanor and upon conviction is punishable by a fine
of not more than three hundred dollars ($300) in addition to the surcharge required to be imposed
under AS 12,55.039. Each day of violation constitutes a separate offense.
Section 9: Chapter 17.75 ENFORCEMENT, PENALTIES, AND REMEDIES of the
Kodiak Island Borough Code of Ordinances is hereby amended as follows:
17.75.030 Penalties and remedies.
A. A person who violates any provision of this title, an order issued under subsection
17.75.010(A) of this chapter or any term or condition of a conditional use, variance or other
entitlement issued under this title, is guilty of a misdemeanor and upon conviction is punishable
by a fine of not more than three hundred dollars ($300), in addition to the surcharge required to ,
be imposed under AS 12:55.039.
Section 10: Chapter 18.35 TRESPASS of the Kodiak Island Borough Code of
Ordinances is hereby amended as follows:
18.35.050 Penalties and remedies.
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 three hundred dollars ($300), in addition
to the surcharge required to be imposed under AS 12.55.039.
ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
THIS TWENTY- SECOND DAY OF SEPTEMBER, 1998
Kodiak Island Borough, Alaska
KODIAK ISLAND BOROUGH
Jer. a M. Selby, Borough Mayor
Ordinance No. 98 -26
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ATTEST:
et
Donna F. Smith, CMC /AAE, Borough Clerk
Kodiak Island Borough, Alaska
ismimati-
GaryTL. Steve , Presidin
icer
Ordinance No. 98 -26
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