The terms and phrases used in this chapter shall have the following meanings:
“Bear attraction nuisance”
means, except as otherwise provided in this section:
1. 
Any amount of putrescible waste, including packaging or other surfaces to which it is adhered;
2. 
Any organic material of a type which has previously attracted a bear to the property within the past five years; or
3. 
Soiled disposable diapers.
4. 
“Bear attraction nuisance” does not include:
a. 
Material, that would otherwise be considered a bear attraction nuisance, in a certified landfill;
b. 
Manure or sewage;
c. 
Material, that would otherwise be considered a bear attraction nuisance, in a refuse container which is placed for collection no earlier than 4:00 a.m. on refuse collection day, with the material being either collected or removed from the container no later than 8:00 p.m. that same day;
d. 
Living or dead flora or fauna indigenous to the property; or
e. 
Material, that would otherwise be considered a bear attraction nuisance, which is completely enclosed in a structure or container when the structure or container has all places of entry covered by a door, window, lid, or other covering which requires hands or tools to open, unless the structure, container or covering has proven ineffective to withstand entry by a bear, whether due to design or improper use, two or more times within the previous year.
“Person in control”
means a tenant or an agent, superintendent, or other owner’s representative.
“Putrescible waste”
means organic waste, including animal and fish parts, human and animal excrement, or bodily fluids, which is capable of being decomposed by microorganisms.
(S.G.C. 9.24.010; Ord. 08-09 § 4, 2008; Ord. 12-41 § 4, 2012; Ord. 17-10 § 4, 2017)
No owner or person in control of property shall cause or allow the creation or maintenance of a bear attraction nuisance on that property or any adjacent right-of-way. Except as otherwise provided for in this chapter, the property owner and the person in control of the property may both be liable for a violation of this chapter concerning the same unlawful act. The unlawful act involves not only the creation or maintenance of a bear attraction nuisance but allowing the offense to continue.
(S.G.C. 9.24.020; Ord. 08-09 § 4, 2008; Ord. 17-10 § 4, 2017)
This chapter shall be enforced by the police department or by other employees authorized by the municipal administrator. Whenever putrescible waste or other material is found on property or any adjacent right-of-way in violation of this chapter, the officer or authorized employee shall issue a citation stating the nature of the offense, and:
A. 
Mail the citation to the owner’s address listed in the municipal property assessor records and to the address of the person in control of the property when known; and
B. 
Conspicuously affixing a copy of the citation on the property.
(S.G.C. 9.24.030; Ord. 08-09 § 4, 2008; Ord. 17-10 § 4, 2017)
A. 
It shall be no defense for the owner of property issued a citation under this chapter that the property was in possession or control of another, unless the owner of the property meets the burden of proof that the property was being used without the consent of the owner when the bear attraction nuisance was created, maintained and/or permitted.
B. 
It shall be a defense for the owner of property or person in possession or control of the property who is issued a citation under this chapter if the owner or person in control of the property meets the burden of proof of being unaware of the citation.
(S.G.C. 9.24.040; Ord. 08-09 § 4, 2008; Ord. 17-10 § 4, 2017)
A. 
Each person who owns and/or is in control of property that creates, maintains, or permits a bear attraction nuisance on the property shall be charged with a minor offense. The maximum penalty for violation of the provisions of this chapter is $500.00.
In accordance with AS 29.25.070(a), citations for offenses in this chapter may be disposed of as provided in AS 12.25.175 through 12.25.230, without a court appearance, upon payment of the fine amounts stated herein plus the state surcharge required by AS 12.55.039 and 29.25.074. Fines must be paid to the city and borough of Sitka. The Alaska Rules of Minor Offense Procedure in the Alaska Rules of Court apply to all offenses referenced herein. Citations charging these offenses must meet the requirements of Rule 3 of the Alaska Rules of Minor Offense Procedure. For the first offense, the fine shall be $50.00. For the second offense, the fine shall be $100.00. For the third offense, the fine shall be $200.00. For any subsequent offense after three, the offender must appear in court to answer for the charges. If a person charged with one of these offenses appears in court and is found guilty, the penalty imposed for the offense may not exceed the fine amount for that offense stated herein. These fines may not be judicially reduced. For purposes of this section, prior offenses must be within the previous five years.
B. 
Each and every day during any portion of which a violation or failure to comply is committed, permitted, or continued, shall be treated as a separate offense, and subject the offender to separate charges and a fine as provided in subsection A of this section.
(S.G.C. 9.24.050; Ord. 08-09 § 4, 2008; Ord. 12-41 § 4, 2012; Ord. 17-10 § 4, 2017)