§ 11.10.130. Penalties and remedies.

A.

The violation of any provision of chapters 11.50, Port of Alaska, and 11.60, Municipal Airports, or any municipal regulation promulgated pursuant thereto shall be an infraction, and any person convicted of such a violation shall be subject to a fine of not more than $300.00.

B.

In addition to any other remedy or penalty provided by this section, a person or permittee who violates a provision of this title or a municipal regulation promulgated under this title shall be subject to a civil penalty as set forth in section 14.60.030, or, if no penalty is set forth in that section, a civil penalty of not more than $1,000.00 for each offense, or injunctive relief to restrain the person from continuing the violation or threat of violation, or both such civil penalty and injunctive relief. Upon application by the Municipality for injunctive relief and a finding that a person or permittee is violating or threatening to violate a provision of this title or a municipal regulation promulgated under this title, the Superior Court shall grant injunctive relief to restrain the violation.

C.

Unless a different penalty amount is set forth in this Code, any violator of any provision of chapters 11.10 through 11.40 or a regulation promulgated pursuant thereto shall be subject to a civil penalty, which, except for suspensions and revocations, may be issued as a citation in accordance with Title 14 of this Code, for such violations as follows:

1.

First violation. A warning notice warning of additional and/or increased fines for subsequent violations in accordance with this subsection or a fine not to exceed $100.00 or both, plus a warning of the consequences of further violations;

2.

Second violation. Suspension of the violator's license or permit for a period not to exceed 15 days or a fine not to exceed $300.00 or both, plus a warning of the consequences of further violations;

3.

Third violation. Suspension of the license or permit for not to exceed 30 days or a fine not to exceed $750.00 or both, plus a warning of the consequences of further violations;

4.

Fourth violation. Any of the above penalties or revocation of the license or permit, or both. A person whose license or permit is revoked under this subsection shall not be eligible to apply for a new license or permit for a period of six months after the date the first license or permit revocation becomes effective and for a period of two years after the date the second or subsequent license or permit revocation becomes effective.

Only violations occurring within the 12 months immediately preceding the most recent citation shall be considered for purposes of this subsection, except violations occurring within the prior five years may be considered when imposing penalties for violations of section 11.30.150, tampering with safety equipment, which penalties shall apply the fine amounts set forth in section 14.60.030.

D.

Upon issuance of a civil citation or a criminal or quasi-criminal conviction against a chauffeur, the transportation inspector shall determine whether the citation or conviction demonstrates use of the permit contrary to public safety and welfare and, if so, shall notify the permittee of such determination.

E.

The transportation inspector may relax or suspend, in whole or in part, penalties against a permittee for the conduct, actions or omissions of a chauffeur ("chauffeur-caused penalties") set forth for offenses under a permit, but only upon a clear and convincing showing by the permittee that:

1.

The chauffeur-caused offenses were through no contributory fault of permittee in lack of oversight or control of operations under the permit; and

2.

The permittee has no history of similar penalties within the most recent five-year period; and

3.

The permittee has taken appropriate remedial action to prevent the same violation from recurring.

F.

The transportation inspector may relax or suspend, in whole or in part, penalties against a permittee for civil violations by the permittee's agent or lease operator under contract upon a clear and convincing demonstration by the permittee that:

1.

The offenses were through no contributory fault of permittee in lack of oversight or control of operations under the permit; and

2.

The permittee has no history of similar penalties within the most recent five-year period; and

3.

The permittee has taken appropriate remedial action to prevent the same violation from recurring.

G.

Change of personnel in the chauffeur, agent, or lease operator, taken alone, shall not constitute clear and convincing demonstration that appropriate remedial action has been taken to prevent the same violation from recurring.

H.

Each day during which a violation described in this section occurs shall constitute a separate offense. A citation shall be effective for violations of operation as of the date the citation is served.

I.

All civil penalties collected shall be dedicated to the operations of the transportation inspection office.

J.

Fines shall be paid within 30 days of service of the citation or within 30 days after any appeal is denied. The previous sentence applies to fines levied before, on, and after the effective date of this ordinance [December 3, 2013]. Failure to pay fines within the established times will result in immediate suspension of license or permit until such time as the fine has been paid. The above requirement applies to chauffeurs, permittees and dispatch service licenses.

(AO No. 57-75; AO No. 78-177; AO No. 80-131; AO No. 84-18; AO No. 85-87; AO No. 93-167(S-1), § 10, 4-13-94; AO No. 93-220, § 10, 8-21-94; AO No. 94-170, § 1, 9-20-94; AO No. 98-51(S), § 1, 5-4-99; AO No. 98-51(S), § 1, 5-4-99; AO No. 2013-109(S-1), § 1, 12-3-13; AO No. 2017-122(S) , § 7, 10-24-17)