The ordinances embraced in the following chapters and sections are the "Anchorage Municipal Code" and may be so cited.
(CAC 1.04.010)
In the construction of this Code, and of all ordinances, the following rules shall be observed, unless the context clearly indicates otherwise:
mean the Municipality of Anchorage and shall extend to and include its several officers, agents and employees.
means a unit of funding provided for by the assembly in the municipal budget. An appropriation may be specific as to particular expenditures or general as to an entire department or agency, as the assembly deems appropriate.
The abbreviation "AS" means the latest edition or supplement of that section in the Alaska Statutes.
means the assembly for the Municipality of Anchorage.
means the bulletin board in the city hall or the municipal clerk's office.
when used in reference to expenditures, means actual proposed expenditures to be made from an appropriation.
means and refers to the Charter of the Municipality of Anchorage as printed in Part I of this volume.
means the Anchorage Municipal Code.
In computing any period of time prescribed or allowed by this Code, the day of the act or event from which the period of time begins to run is not included. The last day of the period is included, unless it is a Saturday, Sunday or municipal holiday, in which event the period runs until the end of the next day which is not a Saturday, Sunday or municipal holiday. When the period of time prescribed or allowed is less than seven days, intermediate Saturdays, Sundays and municipal holidays are excluded in computing the period.
means an unforeseen occurrence or condition which results or apparently will result in an insufficiency of services or facilities substantial enough to endanger the public health, safety or welfare.
A word importing the masculine gender only shall extend and be applied to females and to firms, partnerships and corporations as well as to males.
except where context suggests a different meaning, means the process of enacting a measure by vote of the people without assembly action.
means the Charter, the ordinances and resolutions preserved by the Charter, or enacted pursuant to it, and those portions of the statutes of the state and the constitutions of the state and of the United States which are valid limitations on the exercise of legislative power by home rule governments.
means the mayor of Anchorage.
means an ordinance, resolution, or Charter amendment.
means the municipal attorney of Anchorage.
means the municipal clerk of Anchorage.
means the manager of Anchorage.
A word importing the singular number only may extend and be applied to several persons and things as well as to one person and thing.
includes an affirmation 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."
Whenever any officer, employee, department, board, commission or other agency is referred to by title only, such reference shall be construed as if followed by the words "of the Municipality of Anchorage."
The word "or" may be read "and," and the word "and" may be read "or," if the sense requires it.
applied to a building or land, includes any part owner, joint owner, tenant in common, tenant in partnership, joint tenant or tenant by the entirety, of the whole or of a part of such building or land.
shall extend and be applied to associations, clubs, societies, firms, partnerships, and bodies politic and corporate as well as to individuals or groups of individuals.
includes every species of property except real property.
means the postmark impression or label placed upon an article of mail by the U.S. Postal Service or other delivery service which generally indicates the place or zip code of origin and date of mailing.
means to cause to be posted on a municipal website designated for public notices the matter required by law to be published. Unless otherwise provided in this Code, posting shall be maintained for seven consecutive days. The assembly may provide for additional modes of dissemination. In the event of unforeseen technical difficulties which render website publication temporarily unavailable and substantially ineffective for its intended purpose, publication may be accomplished by publication in a newspaper of general circulation for at least one day within the specified period, but does not waive the requirement to restore the website posting as soon as practicable. Notwithstanding the foregoing, website posting does not constitute effective publication unless accomplished by 5:00 p.m. on the first day posting is required.
includes lands, tenements and hereditaments of all kinds, together with all right to and interests in the land, tenements and hereditaments, and further includes buildings, structures, improvements and fixtures upon or affixed to land.
except where context suggests a different meaning, means the process of repealing an ordinance or resolution by vote of the people without assembly action.
means a person whose habitual physical dwelling place is within the area in question and who intends to maintain his or her dwelling place in that area.
means the State of Alaska.
Words in the present tense include the past and future tense, and words in the future tense include the present tense.
mean a utility which belonged to a former government and whose rates are subject to regulation by the state public utilities commission on the date the Charter became effective, September 16, 1975.
(CAC 1.04.020; GAAB 7.05.010; AO No. 85-75; AO No. 91-167; AO No. 2009-134, § 1, 1-12-2010; AO No. 2017-41, § 9, 3-21-2017)
The repeal of any prior ordinance of the municipality by any subsequent ordinance shall not operate to revive the provisions of any ordinance which may have been repealed by such prior ordinance, unless such revival shall be expressly provided for. Ordinances repealed remain in force for the trial and punishment of all past violations of them, and for the recovery of penalties and forfeitures already incurred, and for the preservation of all rights and remedies existing by them, and, so far as they apply, to any office, trust, proceeding, right, contract or event already affected by them.
(CAC 1.04.040)
The sections, paragraphs, sentences, clauses and phrases of this Code are severable, and, if any phrase, clause, sentence, paragraph or section of this Code is declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Code.
(CAC 1.04.050)
A.
All ordinances passed subsequent to this Code which amend, repeal or in any way affect this Code may be numbered in accordance with the numbering system of this Code and printed for inclusion in the Code. In the case of repealed titles, chapters, sections and subsections, or any part thereof by subsequent ordinances, the text of such repealed portions may be excluded from the Code by omission from reprinted pages affected thereby. The subsequent ordinances as numbered and printed, or omitted in the case of repeal, shall be prima facie evidence that such subsequent ordinances numbered or omitted are readopted as a new Code by the assembly.
B.
Amendments to any of the provisions of this Code shall be made by amending such provisions by specific reference to the section number of this Code in the following language: "That section ______ of the Anchorage Municipal Code is hereby amended to read as follows: …." The new provisions shall then be set out by showing the entire section or subsection of the existing ordinance or Code provision being amended, enclosing the deleted portions in brackets, capitalizing all the letters of the text deleted and adding the new words with underlining beneath them. If the new words and deleted words are next to each other, the new words occur first. Notwithstanding the provisions of this subsection, the municipal attorney may draft legislation to repeal and reenact a provision of law without the use of the deletion and insertion format described in this subsection when that format renders the changes unduly complicated or confusing. In such a case, the ordinance shall be accompanied by a copy of the existing text of the affected section.
C.
If a new section not heretofore existing in the Code is to be added, the following language shall be used: "That the Anchorage Municipal Code is hereby amended by adding a section, to be numbered ______, which section reads as follows: …." The new section shall then be set out in full as desired, except that the assembly by ordinance may adopt by reference a standard code of regulations or a portion of the statutes of the state without setting it out in full.
D.
All titles, chapters, sections or provisions desired to be repealed must be specifically repealed by title, chapter or section number, as the case may be.
(CAC 1.05.060; AO No. 87-133(S))
It is unlawful for any person in the municipality to change or amend by additions or deletions any part or portion of this Code or to insert or delete pages, or portions thereof, or to alter or tamper with such Code in any manner whatsoever except by ordinance or resolution or other official act of the assembly, which will cause the law of the municipality to be misrepresented thereby. Any person violating this section shall be punished as provided in section 1.45.010.
(CAC 1.04.070)
All references to chapters or sections are to the chapters and sections of this Code, unless otherwise specified.
The history notes appearing in parentheses after sections in this Code are not intended to have any legal effect, but are merely intended to indicate the source of the matter contained in the section.
The references and editor's notes appearing throughout the Code are not intended to have any legal effect, but are merely intended to assist the user of the Code.
A.
The municipal attorney is designated as revisor of ordinances. The revisor of ordinances shall consolidate in this Code all ordinances not of a temporary or special nature enacted by the assembly.
B.
The revisor shall edit and revise the ordinances for consolidation without changing the meaning of any ordinance in the following manner:
1.
Renumber sections, parts of sections, parts, chapters and titles.
2.
Change the wording of section or subsection titles, and change or provide new titles for parts, 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.
Correct manifest errors which are clerical errors, typographical errors or errors in spelling, or errors by way of additions or omissions.
6.
Correct manifest errors in reference to laws, ordinances or other sections of this Code.
(CAC 1.04.080)
This Code with amendments shall be furnished to the public libraries and courts within the municipality free of charge. The municipal clerk may exchange copies of this Code with other municipalities. Any standard code of reference or a portion of the statutes of the state adopted by reference shall be made available to the public at the municipal clerk's office, unless a different depository is set forth in the ordinance adopting the standard code or statutes by reference. Copies of this Code, along with supplements, shall be made available for sale to the public at a price to be determined by the assembly.
(GAAB 1.05.100)
Additions to this Code shall be printed no less often than each six months and shall be available as provided in section 1.05.075.
(GAAB 1.05.110)
[1]
Editor's note — Former § 1.05.105, Applicability of Code to Anchorage Telephone Utility, was repealed.
Prior history: AO No. 91-173(S); AO No. 2015-23(S), 3-24-2015.
A.
Unless the ordinance specifically provides otherwise, when an ordinance contains a provision which automatically limits the period of effectiveness of the ordinance, the ordinance shall remain effective for that period and the ordinance must be brought back before the assembly for review prior to its expiration.
B.
When an ordinance contains a provision which automatically limits the period of effectiveness of the ordinance, the municipal clerk shall track the matter and notify the appropriate person in charge of compiling the assembly agenda, so that the substance of this ordinance is placed on the assembly agenda no less than 60 days before the date the ordinance ceases to be effective. The assembly may at this hearing determine whether to introduce the matter for renewal, either in its present or modified form, or to allow the ordinance to expire.
(AO No. 86-78)
No ordinance is retrospective unless expressly declared therein.
(AO No. 91-167)