Skip navigation links
Home
Mayor & Council
City Manager
City Clerk
City Charter & Code
City Charter & Code
Building Officials
Engineering
Finance
Fire Department
Harbor
Boatyard
Library
Park & Rec
Police
Public Works
Local & State Public Links
Job Openings
Emergency - Preparedness
City Employee Webmail
Public Announcements and Current Reports
Surplus Sales
Request for Proposals
Pay Utility Bill Online

TITLE 1 - GENERAL PROVISION

Return to Table of Contents        Return to City Clerk Main Page

1.01 Code

1.02 Code supplements

1.04 General provisions

1.08 Right of entry

1.12 Violations



CHAPTER 1.01
CODE


For statutory provisions regarding codification of municipal ordinances, see AS 29.25.050; for charter provisions requiring codification of the city's general ordinances, see City Charter §II_16.

1.01.010 Adoption

1.01.020 Title—citation—reference

1.01.030 Codification authority

1.01.040 Ordinances passed prior to adoption of the code

1.01.050 Reference applies to all amendments

1.01.060 Title, chapter, and section headings

1.01.070 Reference to specific ordinances

1.01.080 Effect of code on past actions and obligations

1.01.090 Effective date

1.01.100 Constitutionality

1.01.010 Adoption. As authorized by AS 29.25.050, there is adopted the "Kodiak City Code," as compiled, edited, and published by Book Publishing Company, Seattle, Washington. (Ord. 416 §1, 1974) (NOTE: The Code has been published by the City Clerk's Office since December, 1983.)

Return to Top of Chapter        Return to Top of Page


1.01.020 Title—citation—reference
. This code shall be known as the "Kodiak City Code" in any prosecution for the violation of any provision thereof or in any proceeding at law or equity. It shall be sufficient to designate any ordinance adding to, amending, correcting, or repealing all or any part or portion thereof as an addition to, amendment to, correction, or repeal of the "Kodiak City Code." Further reference may be had to the titles, chapters, sections, and subsections of the "Kodiak City Code" and such references shall apply to that numbered title, chapter, section, or subsection as it appears in the code. (Ord. 416 §2, 1974)

Return to Top of Chapter         Return to Top of Page


1.01.030 Codification authority
. This code consists of all regulatory and penal ordinances and certain of the administrative ordinances of the city of Kodiak, Alaska, codified pursuant to the provisions of AS 29.25.050. (Ord. 416 §3, 1974)

Return to Top of Chapter        Return to Top of Page


1.01.040 Ordinances passed prior to adoption of the code
. The last ordinance included in this code was ordinance number 404, passed in August, 1973. The following ordinances, passed subsequent to ordinance number 404, but prior to the adoption of this code, are adopted and made a part of this code: ordinances numbered 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, and 415. (Ord. 416 §4, 1974)

Return to Top of Chapter        Return to Top of Page


1.01.050 Reference applies to all amendments
. Whenever a reference is made to this code as the "Kodiak City Code" or to any portion thereof, or to any ordinance of the city of Kodiak, Alaska, the reference shall apply to all amendments, corrections, and additions heretofore, now, or hereafter made. (Ord. 416 §5, 1974)

Return to Top of Chapter         Return to Top of Page


1.01.060 Title, chapter, and section headings
. Title, chapter, and section headings contained in this code shall not be deemed to govern limit, modify, or in any manner affect the scope, meaning, or intent of the provisions of any title, chapter, or section of this code. (Ord. 416 §6, 1974)

Return to Top of Chapter        Return to Top of Page

1.01.070 Reference to specific ordinances. The provisions of this code shall not in any manner affect matters of record which refer to or are otherwise connected with ordinances which are therein specifically designated by number or otherwise and which are included within the code, but such reference shall be construed to apply to the corresponding provisions contained within this code. (Ord. 416 §7, 1974)
Return to Top of Chapter         Return to Top of Page


1.01.080 Effect of code on past actions and obligations
. Neither the adoption of this code nor the repeal or amendments hereby of any ordinance or part or portion of any ordinance of the city shall in any manner affect the prosecution for violations of ordinances, which violations were committed prior to the effective date hereof, nor be construed as a waiver of any license, fee, or penalty at said effective date due and unpaid under such ordinances, nor be construed as affecting any of the provisions of said ordinances relating to the collection of any such license, fee, or penalty, or the penal provisions applicable to any violation thereof, nor to affect the validity of any bond or cash deposit in lieu thereof required to be posted, filed or deposited pursuant to any ordinance, and all rights and obligations thereunder appertaining shall continue in full force and effect. (Ord. 416 §8, 1974)

Return to Top of Chapter         Return to Top of Page


1.01.090 Effective date
. This code shall become effective on the date the ordinance codified in this chapter adopting this code as the "Kodiak City Code" becomes effective. (Ord. 416 §9, 1974)

Return to Top of Chapter         Return to Top of Page


1.01.100 Constitutionality
. If any section, subsection, sentence, clause, or phrase of this code is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this code. The council declares that it would have passed this code, and each section, subsection, sentence, clause, and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases had been declared invalid or unconstitutional, and if for any reason this code should be declared invalid or unconstitutional, then the original ordinance or ordinances shall be in full force and effect. (Ord. 416 §10, 1974)

Return to Top of Chapter         Return to Top of Page




CHAPTER 1.02
CODE SUPPLEMENTS

1.02.010 Revision of code

 

1.02.010 Revision of code. (a) Subject to the general policies which may be promulgated by the council for the preparation and publication of the annual cumulative supplement to and replacement pages for the Kodiak city code, the city clerk, subject to review by the city attorney, shall revise for consolidation into the city code all laws of a general and permanent nature and all laws of a temporary or special nature enacted by the council.

    (b) The city clerk shall edit and revise the laws for consolidation without changing the meaning of any law in the following manner:

(1) Renumber sections, parts of sections, articles, chapters, and titles;

(2) Change the wording of section or subsection titles, or delete subsection titles, and change or provide new titles for articles, chapters, and titles;

(3) Change capitalization for the purpose of uniformity;

(4) Substitute the proper designation for the terms "the preceding section," "this ordinance," and like terms;

(5) Substitute the proper calendar date for "effective date of this ordinance," "date of passage of this ordinance," and other phrases of similar import;

(6) Strike out figures if they are merely a repetition of written words or vice versa, or substitute figures for written words or vice versa for the purpose of uniformity;

(7) Correct manifest errors which are clerical, typographical, or errors in spelling, or errors by way of additions or omissions;

(8) Correct manifest errors in references to laws;

(9) Rearrange sections, combine sections or parts of sections with other sections or parts of sections, divide long sections into two or more sections, and rearrange the order of sections to conform to a logical arrangement of subject matter as may most generally be followed in the Kodiak city code;

(10) Change all sections, when possible, to read in the present tense, indicative mood, active voice, and if the use of personal pronouns cannot be avoided in a section change the section to read in the third person, and singular number or any other necessary grammatical change in the manner generally followed in the city code;

(11) Delete or change sections or parts of sections if a deletion or change is necessary because of other legislative amendments which did not specifically amend or repeal them;

(12) Omit all temporary laws, all titles to acts, all enacting and repealing clauses, all declarations of emergency, and all purpose, validity, and construction clauses unless, from their nature, it may be necessary to retain some of them to preserve the full meaning and intent of the law.

    (c) The city clerk shall edit and revise the laws as they are enacted by the council, without changing the meaning of any law, so as to avoid the use of pronouns denoting masculine or feminine gender. (Ord. 691 §1, 1983)

Return to Top of Chapter        Return to Top of Page




CHAPTER 1.04
GENERAL PROVISIONS


1.04.010 Definitions

1.04.020 Words and phrases

1.04.030 Acts by principal include acts by agent

1.04.040 Number, gender, and tense

1.04.050 Headings

1.04.060 Amendments

1.04.070 Severability

1.04.080 Provisions self-executing

1.04.090 Prohibited acts include causing, permitting, etc.

1.04.100 Construction

1.04.110 Repeal shall not revive any ordinances

1.04.010 Definitions. The following words and phrases whenever used in this code mean as defined in this section unless from the context a different meaning is intended or unless from the context a different meaning is specifically defined and more particularly directed to the use of such words and phrases.

    (a) "Capital improvement" means a public improvement of a permanent nature, and may include land and equipment necessary for the functioning of a building or other capital improvement.

    (b) "City" means the city of Kodiak, Alaska, or the area within the territorial city limits of the city of Kodiak, Alaska, and such territory outside of this city over which the city has jurisdiction or control by virtue of any constitutional or charter provisions, or any law.

    (c) "Common carrier" is one who, as a regular business, transports personal property from place to place for hire and who is subject to the Alaska Transportation Commission or Interstate Commerce Commission.

    (d) "Computation of time" means the time within which an act is to be done. It shall be computed by excluding the first day and including the last day; and if the last day be Sunday or a legal holiday, that day shall be excluded.

    (e) "Council" means the city council of the city of Kodiak, Alaska. "All its members" or "all councilmembers" means the total number of councilmembers provided for in the charter, without regard to vacancies or absences.

    (f) "Law" denotes applicable federal law, the constitution and statutes of the state of Alaska, the charter and city ordinances, and when appropriate, any and all rules and regulations which may be promulgated thereunder.

    (g) "Local improvement" means public improvement specially beneficial to the property affected, and also includes the abatement of such unsafe, unhealthful, or unsanitary conditions as the council determines to be a public nuisance.

    (h) "May" is permissive.

    (i) "Month" means a calendar month.

    (j) "Oath" includes an affirmation or declaration in all cases in which, by law, an affirmation

may be substituted for an oath, and in such cases the words "swear" and "sworn" shall be equivalent to the words "affirm" and "affirmed."

    (k) "Or" may be read "and" and "and" may be read "or" if the sense requires it.

    (1) "Ordinance" means a law of the city; provided that a temporary or special law, administrative action, order or directive, may be in the form of a resolution.

    (m) "Owner" applied to a building or land includes any part owner, joint owner, tenant in common, joint tenant, or tenant by the entirety, of the whole or part of such building or land.

    (n) "Property" includes real and personal property.

    (o) "Person" means natural person, joint venture, joint stock company, partnership, association, club, company, corporation, business, trust, organization, or the manager, lessee, agent, servant, officer, or employee of any of them.

    (p) "Public Improvement" means an improvement to or in connection with streets, sidewalks, power systems, harbor facilities, and any other real property or appurtenances thereof of the city used by the public.

    (q) "Public utility" includes all common carriers in the public street, water, sewage disposal, electric light, central heating, gas, electric power, telephone, and telegraph lines and systems, and such other and different enterprises as the law or the council may determine.

    (r) "Publish", "published", or "publication" includes the setting forth of any matter for public notice at least once in one or more newspapers of the city qualified by law for the publication of notices, or posting in at least five conspicuous places in the city. In all such cases of publication by posting, the city clerk shall provide a copy of the ordinance, notice, or document posted, on request from any person, without charge, at any time within two months after posting.

    (s) "Real property" includes lands, tenements, and hereditaments.

    (t) "State" means the state of Alaska.

    (u) "Street" includes all streets, highways, avenues, lanes, alleys, courts, places, squares, curbs, or other public ways in this city which have been or may hereafter be dedicated and open to public use, or such other public property so designated in any law of this state.

    (v) Title of office. Use of the title of any officer, employee, board, or commission means that officer, employee, department, board, or commission of the city.

    (w) "Written" includes printed, typewritten, mimeographed or multigraphed.

    (x) "Year" means calendar year.

    (y) "Fine" and "fines" shall be construed to include reference to any surcharge required to be imposed by AS 29.25.072. (Ord. 1081, §1, 1998; Ord. 437 §1, 1975; Ord. 405 §1 (part), 1973; CCK §1.0.15)

Return to Top of Chapter         Return to Top of Page

1.04.020 Words and phrases. All words and phrases shall be construed and understood according to the common and approved usage of the language, but technical words and phrases and such others as may have acquired a peculiar and appropriate meaning in the law shall be construed and understood according to such peculiar and appropriate meaning. (Ord. 405 §1(25), 1973; CCK §1.0.8.)

Return to Top of Chapter        Return to Top of Page

1.04.030 Acts by principal include acts by agent. When an act is required by an ordinance, the act being such that it may be done as well by an agent as by the principal, such requirement includes all such acts performed by an authorized agent. (Ord. 405 §1(26), 1973)

Return to Top of Chapter         Return to Top of Page

1.04.040 Number, gender, and tense. The following grammatical rules shall apply in the ordinances of the city of Kodiak, Alaska:

    (a) Gender. The masculine gender includes the feminine and neuter genders.

    (b) Singular and plural. The singular number includes the plural and the plural includes the singular.

    (c) Tenses. Words used in the present tense include the past and the future tenses and vice versa, unless manifestly inapplicable.

    (d) Use of words and phrases. Words and phrases not specifically defined shall be construed according to the context and approved usage of the language. (Ord. 405 §2, 1973; CCK §1.0.9)

Return to Top of Chapter        Return to Top of Page

1.04.050 Headings. Catchlines, headings, and titles of sections and other sub-divisions in the code are inserted for the convenience of users of the code, and have no legal effect. (CCK §1.0.10)

Return to Top of Chapter         Return to Top of Page

1.04.060 Amendments. Any and all additions or amendments to this code, when passed in such form as to indicate the intention of the council to make the same a part thereof, shall be deemed incorporated in this code so that reference to the code of the city shall be understood and intended to include such additions and amendments. (CCK §1.0.5)

Return to Top of Chapter        Return to Top of Page

1.04.070 Severability. Every chapter and section of this code and every ordinance or resolution heretofore or hereafter enacted by the council which lacks a severability clause shall be construed as though it contained the clause in the following language: "If any provision of this ordinance or resolution or application thereof to any person or circumstance is held invalid, the remainder of this ordinance or resolution and the application to other persons or circumstances shall not be affected thereby." (CCK §1.0.7)

Return to Top of Chapter         Return to Top of Page

1.04.080 Provisions self-executing. The provisions of this code shall be construed to be self-executing whenever possible. (CCK §1.0.11)

Return to Top of Chapter         Return to Top of Page

1.04.090 Prohibited acts include causing, permitting, etc. Whenever in the ordinance of the city of Kodiak, any act or omission is made unlawful, it includes causing, allowing, permitting, aiding, abetting, suffering, or concealing the fact of such omission. (Ord. 405 §3, 1973)

Return to Top of Chapter         Return to Top of Page

1.04.100 Construction. The provisions of the ordinances of the city of Kodiak, and all proceedings under them are to be construed with a view to effect their objects and to promote justice. (Ord. 405 §4, 1973)

Return to Top of Chapter        Return to Top of Page

1.04.110 Repeal shall not revive any ordinances. The repeal of an ordinance shall not repeal the repealing clause of such ordinance or revive any ordinance which has been repealed thereby. (Ord. 405 §5, 1973)

Return to Top of Chapter         Return to Top of Page




CHAPTER 1.08
RIGHT OF ENTRY


1.08.010 General provisions

1.08.010 General provisions. Whenever necessary to make an inspection to enforce any ordinance or resolution, or whenever there is reasonable cause to believe there exists an ordinance or resolution violation in any building or upon any premises within the jurisdiction of the city, any authorized official of the city of Kodiak, Alaska, may, upon presentation of the proper credentials, enter such building or premises at all reasonable times to inspect the same or to perform any duty imposed upon the official by ordinance; provided, that except in emergency situations or when consent of the owner and/or occupant to the inspection has been otherwise obtained, the official shall give the owner and/or occupant, if they can be located after reasonable effort, twenty-four hours written notice of the authorized official's intention to inspect. The notice transmitted to the owner and/or occupant shall state that the property owner has a right to refuse entry and that in the event such entry is refused, inspections may be made only upon issuance of a search warrant by a duly authorized magistrate. In the event the owner and/or occupant refuses entry after such request has been made, the official is empowered to seek assistance from any court of competent jurisdiction in obtaining such entry. (Ord. 404 §4(A), 1973

Return to Top of Chapter         Return to Top of Page




CHAPTER 1.12
VIOLATIONS


For statutory provisions authorizing cities to enforce ordinances and prescribe penalties for the violation thereof, see AS 29.25.070.

1.12.010 Penalty

1.12.020 Failure to appear

1.12.030 Right to revoke or suspend licenses
1.12.040 Disposition of scheduled offenses—Fine schedule

1.12.010 Penalty. Unless otherwise specifically provided, any person violating any provisions or failing to comply with any of the mandatory requirements of the city ordinances is guilty of an infraction, which is punishable by a fine of not more than three hundred dollars plus any surcharge required to be imposed by AS 29.25.074.  Each such person is guilty of a separate offense for each and every day during any portion of which any violation of the city ordinances is committed, continued or permitted by such person, and the person shall be fined accordingly. (Ord. 1197 §1, 2005; Ord. 1081, §2, 1998; Ord. 753 §2, 1985; Ord. 407 §1, 1973; CCK §1.0.12)

Return to Top of Chapter         Return to Top of Page


1.12.020 Failure to appear
. A person released pursuant to an order of the court who willfully fails to appear before the court or a judicial officer as required by such order shall incur a forfeiture of any security which was given or pledged for the person's release, and shall be guilty of a misdemeanor, and upon conviction, is punishable by a fine of not more than three hundred dollars plus any surcharge required to be imposed by AS 29.25.072. (Ord. 1081, §3, 1998; Ord. 514 §1, 1978) [Former §1.12.020, Trial without jury, derived from CCK §1.0.14, was repealed by Ordinance Number 464, effective August 7, 1976.]

Return to Top of Chapter         Return to Top of Page

1.12.030 Right to revoke or suspend licenses. Notwithstanding anything contained in this code, the right to suspend or revoke any license conferred by the city of Kodiak or the state of Alaska, for violation of this code, is specifically retained. (CCK §1.0.13

 

1.12.040 Disposition of scheduled offenses—Fine schedule. (a) A person cited for an offense for which a fine is established in subsection (c) of this section may mail or personally deliver to the clerk of court the amount of the fine indicated on the citation for the offense plus any surcharge required to be imposed by AS 29.25.074, together with a copy of the citation signed by the person indicating the person’s waiver of court appearance, entry of plea of no contest, and forfeiture of the fine. A citation for a scheduled offense may be mailed or personally delivered within fifteen (15) days after the date of the citation. The payment of a fine under this subsection shall be treated as a judgment of conviction. The fine paid is complete satisfaction for the offense.
     (b) If a person cited for an offense for which a fine amount is established in subsection (c) of this section appears in court to contest the citation and is found guilty, the maximum sentence which may be imposed is the scheduled fine amount plus any surcharge required to be imposed by AS 29.25.074.
     (c) The following violations of this code are amenable to disposition without court appearance upon payment of a fine in the amount listed below.

 

 

CODE SECTION

DESCRIPTION OF OFFENSE

FINE

KCC 5.04.015

Parking for vehicles for hire

$300

KCC 5.40.005

Permit required for vehicle for hire

$300

KCC 5.40.025

Required equipment and markings*

$300

KCC 5.40.030

Required insurance coverage

$300

KCC 5.40.035

Vehicle standards and inspection

$300

KCC 5.40.040

Responsibilities of permittee

$300

KCC 5.40.055

Shuttle vehicles prohibited

$300

KCC 5.40.100

Permit to operate taxicab or limousine required

$300

KCC 5.40.120

Required equipment and markings*

$300

KCC 5.40.140

Limousine service requirements

$300

KCC 5.40.125

Responsibilities of taxicab or limousine permittee

$300

KCC 5.40.150

Approval of tariffs

$300

KCC 5.40.155

Taxi stands

$300

KCC 5.40.200

Permit to operate as tour vehicle required

$300

KCC 5.40.215

Route plan required

$300

KCC 5.40.300

Chauffeur’s license

$300

KCC 5.40.325

Requirements for all licensees

$300

KCC 5.40.330

Requirements for licensees operating a taxicab

$300

* Citation must be dismissed if proof of correction is presented to the Kodiak Police Department within fourteen (14) days after the date of the citation. If the required correction is not made, the offense may be disposed of without court appearance upon payment of the fine amount listed. (Ord. 1286(SUB) §1, 2011)

 

Return to Top of Chapter        Return to Top of Page

 

Return to Table of Contents        Return to City Clerk Main Page