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CSHB 474(JUD): "An Act relating to violations of municipal ordinances and regulations, and to civil penalties for violation of municipal ordinances by juveniles."

00 CS FOR HOUSE BILL NO. 474(JUD)                                                                                          
01 "An Act relating to violations of municipal ordinances and regulations, and to                                          
02 civil penalties for violation of municipal ordinances by juveniles."                                                    
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
04    * Section 1.  AS 29.10.200 is amended by adding a new paragraph to read:                                             
05   (54)  AS 29.25.070(e) (notice of ordinance enforcement against a                                                     
06 minor).                                                                                                                 
07    * Sec. 2.  AS 29.25.070(b) is amended to read:                                                                       
08  (b)  The municipality or an aggrieved person may institute a civil action against                                     
09 a person who violates an ordinance, including a minor as provided in AS 47.10.145.                                    
10 In addition to injunctive and compensatory relief, a civil penalty not to exceed $1,000                                 
11 may be imposed for each violation.  An action to enjoin a violation may be brought                                      
12 notwithstanding the availability of any other remedy.  On application for injunctive                                    
13 relief and a finding of a violation or a threatened violation, the superior court shall                                 
14 grant the injunction.  Each day that a violation of an ordinance continues constitutes                                  
01 a separate violation.                                                                                                   
02    * Sec. 3.  AS 29.25.070 is amended by adding new subsections to read:                                                
03  (e)  The municipality shall provide written notice to the commissioner of health                                      
04 and social services or to the commissioner's designee of the commencement of a civil                                    
05 enforcement action for the violation of an ordinance under (b) of this section against                                  
06 a minor.  Unless the commissioner and the municipality negotiate an agreement                                           
07 making other arrangements to satisfy the obligation imposed on the municipality by                                      
08 this subsection, the municipality may provide notice by mailing a copy of the citation                                  
09 or other document setting out the notice of the commencement of the civil enforcement                                   
10 action.  This subsection applies to home rule and general law municipalities.                                           
11  (f)  In this section, "minor" means a person under 18 years of age.                                                   
12    * Sec. 4.  AS 47.10 is amended by adding a new section to read:                                                      
13  Sec. 47.10.145.  CIVIL PENALTIES FOR VIOLATION OF MUNICIPAL                                                           
14 ORDINANCES.  (a)  Except as otherwise provided in this section, the enforcement of                                      
15 a civil penalty under AS 29.25.070(b) against a minor for violation of a municipal                                      
16 ordinance shall be heard in the district court in the same manner as for similar                                        
17 allegations brought against an adult, except that the minor's parent, guardian, or legal                                
18 custodian shall be present at all proceedings.                                                                          
19  (b)  Allegations against a minor for a civil penalty under a municipal ordinance                                      
20 may be assigned to a hearing officer for resolution, if provided for by municipal                                       
21 ordinance.                                                                                                              
22  (c)  An action for a civil penalty filed against a minor under this section does                                      
23 not give rise to the right to a trial by jury or to counsel appointed at public expense.