reglab/statecodes huggingface dataset:
2023 Alaska Statutes › Title 29. Municipal Government › Chapter 25. Municipal Enactments › Sec. 29.25.010. Acts required to be by ordinance.

(a) In addition to other actions that this title requires to be by ordinance, the governing body of a municipality shall use ordinances to
(1) establish, alter, or abolish municipal departments;
(2) provide for a fine or other penalty, or establish rules or regulations for violation of which a fine or other penalty is imposed;
(3) provide for the levying of taxes;
(4) make appropriations, including supplemental appropriations or transfer of appropriations.
(5) grant, renew, or extend a franchise;
(6) adopt, modify, or repeal the comprehensive plan, land use and subdivision regulations, building and housing codes, and the official map;
(7) approve the transfer of a power to a first or second class borough from a city;
(8) designate the borough seat;
(9) provide for the retention or sale of tax-foreclosed property;
(10) exempt contractors from compliance with general requirements relating to payment and performance bonds in the construction or repair of municipal public works projects within the limitations set out in AS 36.25.025; this paragraph applies to home rule and general law municipalities.
(b) This section does not grant authority, but requires the governing body to use ordinances in exercising certain of its powers.
2023 Alaska Statutes › Title 29. Municipal Government › Chapter 25. Municipal Enactments › Sec. 29.25.020. Ordinance procedure.

(a) An ordinance is introduced in writing in the form required by the governing body.
(b) The following procedure governs the enactment of all ordinances, except emergency ordinances:
(1) an ordinance may be introduced by a member or committee of the governing body, or by the mayor or manager;
(2) an ordinance shall be set by the governing body for a public hearing by the affirmative vote of a majority of the votes authorized on the question;
(3) at least five days before the public hearing a summary of the ordinance shall be published together with a notice of the time and place for the hearing;
(4) copies of the ordinance shall be available to all persons present at the hearing, or the ordinance shall be read in full;
(5) during the hearing the governing body shall hear all interested persons wishing to be heard;
(6) after the public hearing the governing body shall consider the ordinance, and may adopt it with or without amendment;
(7) the governing body shall print and make available copies of an ordinance that is adopted.
(c) An ordinance takes effect upon adoption or at a later date specified in the ordinance.
(d) This section does not apply to an ordinance proposed under AS 04.11.507(d).
2023 Alaska Statutes › Title 29. Municipal Government › Chapter 25. Municipal Enactments › Sec. 29.25.030. Emergency ordinances.

(a) To meet a public emergency the governing body may adopt an emergency ordinance effective on adoption. Each emergency ordinance must contain a finding by the governing body that an emergency exists and a statement of the facts upon which the finding is based. An emergency ordinance may be adopted, amended and adopted, or rejected at the meeting at which it is introduced. The affirmative vote of all members present, or the affirmative vote of three-fourths of the total membership, whichever is less, is required for adoption of an emergency ordinance. The governing body shall print and make available copies of adopted emergency ordinances.
(b) An emergency ordinance may not be used to levy taxes, to grant, renew, or extend a franchise, or to regulate the rate charged by a public utility for its services.
(c) An emergency ordinance is effective for 60 days.
2023 Alaska Statutes › Title 29. Municipal Government › Chapter 25. Municipal Enactments › Sec. 29.25.040. Codes of regulation.

The governing body may in a single ordinance adopt or amend by reference provisions of a published code of municipal regulations. The procedure under AS 29.25.020 applies to an ordinance adopted under this section, except that neither the ordinance or its amendments must be distributed to the public or read in full at the public hearing. For a period of 15 days before adoption of an ordinance under this section, at least five copies of the code of regulations shall be made available for public inspection at a time and place set out in the hearing notice. Only the ordinance must be printed after it is adopted under this section. The governing body shall provide for an adopted code of regulations to be made available to the public at no more than cost.
2023 Alaska Statutes › Title 29. Municipal Government › Chapter 25. Municipal Enactments › Sec. 29.25.050. Codification.

(a) Each ordinance shall be codified after it is adopted.
(b) Within three years after incorporation of a municipality, the municipal clerk or the clerk's designee shall have prepared a general codification of all municipal ordinances of general applicability having the force and effect of law. The municipal code shall be revised and printed at least every five years, unless the code is kept current by regular supplements.
(c) In (a) of this section, “codified” means
(1) the ordinance has been given a serial number or other permanent identifying number, and, bearing a notation of the date of adoption and the adopting authority, it has been entered by the municipal clerk in a properly indexed book maintained for the purposes of organizing and recording the ordinances; or
(2) the ordinance is a provision that establishes a rule of conduct or behavior and that is included, or to be included, in a code of ordinances or other complete system of law enacted and kept current at reasonable intervals.
(d) This section applies to home rule and general law municipalities.
2023 Alaska Statutes › Title 29. Municipal Government › Chapter 25. Municipal Enactments › Sec. 29.25.070. Penalties.

(a) For the violation of an ordinance, a municipality may by ordinance prescribe a penalty not to exceed a fine of $1,000 and imprisonment for 90 days, except as limited by (f) of this section. For a violation that cannot result in incarceration or the loss of a valuable license, a municipality may allow disposition of the violation without court appearance and establish a schedule of fine amounts for each offense.
(b) The municipality or an aggrieved person may institute a civil action against a person, including a minor as provided in AS 29.25.072, who violates an ordinance. In addition to injunctive and compensatory relief, a civil penalty not to exceed $1,000 may be imposed for each violation. An action to enjoin a violation may be brought notwithstanding the availability of any other remedy. On application for injunctive relief and a finding of a violation or a threatened violation, the superior court shall grant the injunction. Each day that a violation of an ordinance continues constitutes a separate violation.
(c) The penalties authorized under this section may be imposed only if copies of the ordinance are made available for distribution to the public at no more than cost.
(d) This section does not apply to an ordinance adopted under AS 04.11.501(c).
(e) The municipality shall provide written notice to the commissioner of family and community services or to the commissioner's designee of the commencement of a civil enforcement action for the violation of an ordinance under (b) of this section against a minor. Unless the commissioner and the municipality have negotiated an agreement making other arrangements for the municipality to provide the notice required by this subsection, the municipality shall provide the notice by mailing a copy of the citation or other document setting out the notice of the commencement of the civil enforcement action. This subsection applies to home rule and general law municipalities.
(f) If a municipality prescribes a penalty for a violation of a municipal ordinance, including a violation under (a) of this section, and there is a comparable state crime under AS 11 or AS 28 with elements that are similar to the municipal ordinance, the municipality may not impose a greater punishment than that imposed for a violation of the state crime. This subsection applies to home rule and general law municipalities.
(g) In this section, “minor” means a person under 18 years of age.
2023 Alaska Statutes › Title 29. Municipal Government › Chapter 25. Municipal Enactments › Sec. 29.25.072. Civil penalties for violation of municipal ordinances by minors.

(a) Except as otherwise provided in this section, the enforcement under AS 29.25.070(b) of a civil penalty against a minor for violation of a municipal ordinance shall be heard in the district court in the same manner as for similar allegations brought against an adult, except that the minor's parent, guardian, or legal custodian shall be present at all proceedings unless the court excuses the parent, guardian, or legal custodian from attendance for good cause.
(b) If provision is made by ordinance for use of a hearing officer to decide enforcement of a civil penalty under AS 29.25.070(b), allegations against a minor for a civil penalty under a municipal ordinance may be assigned to a hearing officer for the municipality for decision.
(c) An action for a civil penalty filed against a minor under this section does not give rise to the right to a trial by jury or to counsel appointed at public expense.
2023 Alaska Statutes › Title 29. Municipal Government › Chapter 25. Municipal Enactments › Sec. 29.25.074. Surcharge.

(a) A municipality may not enforce a penalty for violation of an ordinance for which a surcharge is required to be imposed under AS 12.55.039 unless the municipality authorizes the imposition of and provides for the collection of the surcharge. The surcharge shall be deposited into the general fund of the state and accounted for under AS 37.05.142. Subject to appropriation, the legislature may reimburse a municipality that collects a surcharge required to be imposed under AS 12.55.039 for the cost to the municipality in collecting the surcharge and transmitting the surcharge to the state. The reimbursement may not exceed 10 percent of the surcharge collected and transmitted to the state.
(b) This section applies to home rule and general law municipalities.
2023 Alaska Statutes › Title 29. Municipal Government › Chapter 25. Municipal Enactments › Sec. 29.25.080. Breast-feeding.

A municipality may not enact an ordinance that prohibits or restricts a woman breast-feeding a child in a public or private location where the woman and child are otherwise authorized to be. In a municipal ordinance, “lewd conduct,” “lewd touching,” “immoral conduct,” “indecent conduct,” and similar terms do not include the act of a woman breast-feeding a child in a public or private location where the woman and child are otherwise authorized to be. Nothing in this section may be construed to authorize an act that is an offense under a municipal ordinance that establishes an offense with elements substantially equivalent to the elements of an offense under AS 11.61.123. This section is applicable to home rule and general law municipalities.
2023 Alaska Statutes › Title 29. Municipal Government › Chapter 26. Elections › Article 1. Regular and Special Elections. › Sec. 29.26.010. Administration.

(a) The governing body shall prescribe the rules for conducting an election.
(b) For an election in which voters cast ballots at polling places in their precincts, the governing body shall appoint an election board composed of at least three judges for each precinct. If the governing body appoints an election board, a judge shall be a voter of the precinct for which appointed unless no voter is willing to serve.
2023 Alaska Statutes › Title 29. Municipal Government › Chapter 26. Elections › Article 1. Regular and Special Elections. › Sec. 29.26.020. Nominations.

(a) Subject to other provisions of this title, the governing body shall provide by ordinance for nominations of elected officials by providing for declaration of candidacy or for petition requiring the signatures of not more than 10 voters, or for both.
(b) A person may be nominated for and occupy more than one office, but may not serve simultaneously as borough mayor and as a member of the assembly or, in a first class city, as city mayor and as a member of the council.
2023 Alaska Statutes › Title 29. Municipal Government › Chapter 26. Elections › Article 1. Regular and Special Elections. › Sec. 29.26.050. Voter qualification.

(a) A person may vote in a municipal election only if the person
(1) is qualified to vote in state elections under AS 15.05.010;
(2) has been a resident of the municipality for 30 days immediately preceding the election;
(3) is registered to vote in state elections at a residence address within a municipality at least 30 days before the municipal election at which the person seeks to vote; and
(4) is not disqualified under art. V of the state constitution.
(b) Voter registration by the municipality may not be required. However, in order to vote for a candidate or on a ballot measure relating to a specific local election district or service area, a municipality may by ordinance require that a person be registered to vote in state elections at least 30 days before the municipal election at an address within the boundaries of that local election district or service area. The municipality has the responsibility to determine if a voter meets the requirements of the ordinance and this section.
(c) This section applies to home rule and general law municipalities.
2023 Alaska Statutes › Title 29. Municipal Government › Chapter 26. Elections › Article 1. Regular and Special Elections. › Sec. 29.26.060. Runoff elections.

(a) Unless otherwise provided by ordinance, a runoff election shall be held if no candidate receives over 40 percent of the votes cast for the office of
(1) mayor; or
(2) member of the governing body or school board if candidates run for a designated seat.
(b) Unless otherwise provided by ordinance, if candidates for the governing body or school board run at large, a runoff election for a seat shall be held if no candidate receives a number of votes greater than 40 percent of the total votes cast for all candidates divided by the number of seats to be filled.
(c) Unless otherwise provided by ordinance, a runoff election shall be held within three weeks after the date of certification of the election for which a runoff is required, and notice of the runoff election shall be published at least five days before the election date. The runoff election shall be between the two candidates receiving the greatest number of votes for the seat.
2023 Alaska Statutes › Title 29. Municipal Government › Chapter 26. Elections › Article 1. Regular and Special Elections. › Sec. 29.26.070. Election contest and appeal.

(a) The governing body may provide by ordinance the time and procedure for the contest of an election.
(b) Unless otherwise provided by ordinance, an election may be contested only by a voter by filing a written affidavit with the municipal clerk specifying with particularity the grounds for the contest. An election may be contested before or during the first canvass of ballots by the governing body.
(c) Unless otherwise provided by ordinance, the governing body shall declare the election results at the first meeting to canvass the election, record the results in the minutes of that meeting, and authorize the results to be certified.
(d) A contestant shall pay all costs and expenses incurred in a recount of an election demanded by the contestant if the recount fails to reverse a result of the election, or the difference between the winning and losing vote on the result contested is more than two percent.
(e) A person may not appeal or seek judicial review of an election for any cause unless the person is a voter, has exhausted all administrative remedies before the governing body, and has commenced, within 10 days after the governing body has declared the election results, an action in the superior court in the judicial district in which the municipality is located. If court action is not commenced within the 10-day period, the election and election results are conclusive and valid.
2023 Alaska Statutes › Title 29. Municipal Government › Chapter 26. Elections › Article 2. Initiative and Referendum. › Sec. 29.26.110. Application for petition.

(a) An initiative or referendum is proposed by filing an application with the municipal clerk containing the ordinance or resolution to be initiated or the ordinance or resolution to be referred and the name and address of a contact person and an alternate to whom all correspondence relating to the petition may be sent. An application shall be signed by at least 10 voters who will sponsor the petition. An additional sponsor may be added at any time before the petition is filed by submitting the name of the sponsor to the clerk. Within two weeks the clerk shall certify the application if the clerk finds that it is in proper form and, for an initiative petition, that the matter
(1) is not restricted by AS 29.26.100;
(2) includes only a single subject;
(3) relates to a legislative rather than to an administrative matter; and
(4) would be enforceable as a matter of law.
(b) A decision by the clerk on an application for petition is subject to judicial review.
2023 Alaska Statutes › Title 29. Municipal Government › Chapter 26. Elections › Article 2. Initiative and Referendum. › Sec. 29.26.120. Contents of petition.

(a) Within two weeks after certification of an application for an initiative or referendum petition, a petition shall be prepared by the municipal clerk. Each copy of the petition must contain
(1) a summary of the ordinance or resolution to be initiated or the ordinance or resolution to be referred;
(2) the complete ordinance or resolution sought to be initiated or referred as submitted by the sponsors;
(3) the date on which the petition is issued by the clerk;
(4) notice that signatures must be secured within 90 days after the date the petition is issued;
(5) spaces for each signature, the printed name of each signer, the date each signature is affixed, and the residence and mailing addresses of each signer;
(6) a statement, with space for the sponsor's sworn signature and date of signing, that the sponsor personally circulated the petition, that all signatures were affixed in the presence of the sponsor, and that the sponsor believes the signatures to be those of the persons whose names they purport to be; and
(7) space for indicating the total number of signatures on the petition.
(b) If a petition consists of more than one page, each page must contain the summary of the ordinance or resolution to be initiated or the ordinance or resolution to be referred.
(c) The clerk shall notify the contact person in writing when the petition is available. The contact person is responsible for notifying sponsors. Copies of the petition shall be provided by the clerk to each sponsor who appears in the clerk's office and requests a petition, and the clerk shall mail the petition to each sponsor who requests that the petition be mailed.
2023 Alaska Statutes › Title 29. Municipal Government › Chapter 26. Elections › Article 2. Initiative and Referendum. › Sec. 29.26.130. Signature requirements.

(a) The signatures on an initiative or referendum petition shall be secured within 90 days after the clerk issues the petition. The statement provided under AS 29.26.120(a)(6) shall be signed and dated by the sponsor. Signatures shall be in ink or indelible pencil.
(b) The clerk shall determine the number of signatures required on a petition and inform the contact person in writing. Except as provided in (e) of this section, a petition shall be signed by a number of voters based on the number of votes cast at the last regular election held before the date written notice is given to the contact person that the petition is available, equal to
(1) 25 percent of the votes cast if a municipality has fewer than 7,500 persons; or
(2) 15 percent of the votes cast if a municipality has 7,500 persons or more.
(c) Illegible signatures shall be rejected by the clerk unless accompanied by a legible printed name. Signatures not accompanied by a legible residence address shall be rejected.
(d) A petition signer may withdraw the signer's signature on written application to the clerk before certification of the petition.
(e) If the ordinance or resolution that is the subject of an initiative or referendum petition affects only an area that is less than the entire area of a municipality, only voters residing in the affected area may sign the petition. The clerk shall determine the number of signatures required on the petition and inform the contact person in writing. The petition shall be signed by a number of voters based on the number of votes cast in that area at the last regular election held before the date written notice is given to the contact person that the petition is available equal to
(1) 25 percent of the votes cast if the area has fewer than 7,500 persons; or
(2) 15 percent of the votes cast if the area has 7,500 persons or more.
2023 Alaska Statutes › Title 29. Municipal Government › Chapter 26. Elections › Article 2. Initiative and Referendum. › Sec. 29.26.140. Sufficiency of petition.

(a) All copies of an initiative or referendum petition shall be assembled and filed as a single instrument. Within 10 days after the date the petition is filed, the municipal clerk shall
(1) certify on the petition whether it is sufficient; and
(2) if the petition is insufficient, identify the insufficiency and notify the contact person by certified mail.
(b) A petition that is insufficient may be supplemented with additional signatures obtained and filed before the 11th day after the date on which the petition is rejected.
(c) A petition that is insufficient shall be rejected and filed as a public record unless it is supplemented under (b) of this section. Within 10 days after a supplementary filing the clerk shall recertify the petition. If it is still insufficient, the petition is rejected and filed as a public record.
2023 Alaska Statutes › Title 29. Municipal Government › Chapter 26. Elections › Article 2. Initiative and Referendum. › Sec. 29.26.150. Protest.

If the municipal clerk certifies that an initiative or referendum petition is insufficient, a signer of the petition may file a protest with the mayor within seven days after the certification. The mayor shall present the protest at the next regular meeting of the governing body. The governing body shall hear and decide the protest.
2023 Alaska Statutes › Title 29. Municipal Government › Chapter 26. Elections › Article 2. Initiative and Referendum. › Sec. 29.26.170. Initiative election.

(a) Unless substantially the same measure is adopted, when a petition seeks an initiative vote, the clerk shall submit the matter to the voters at the next regular election or, if already scheduled, special election occurring not sooner than 60 days after certification of the petition. If no election is scheduled to occur within 75 days after the certification of a petition and the governing body determines it is in the best interest of the municipality, the governing body may by ordinance order a special election to be held on the matter before the next election that is already scheduled, but not sooner than 60 days after certification of the petition.
(b) If the governing body adopts substantially the same measure, the petition is void, and the matter initiated may not be placed before the voters.
(c) The ordinance or resolution initiated shall be published in full in the notice of the election, but may be summarized on the ballot to indicate clearly the proposal submitted.
(d) If a majority vote favors the ordinance or resolution, it becomes effective upon certification of the election, unless a different effective date is provided in the ordinance or resolution.
2023 Alaska Statutes › Title 29. Municipal Government › Chapter 26. Elections › Article 2. Initiative and Referendum. › Sec. 29.26.180. Referendum election.

(a) Unless the ordinance or resolution is repealed, when a petition seeks a referendum vote, the clerk shall submit the matter to the voters at the next regular election or, if already scheduled, special election occurring not sooner than 60 days after certification of the petition. If no election is scheduled to occur within 75 days after certification of a petition and the governing body determines it is in the best interest of the municipality, the governing body may by ordinance order a special election to be held on the matter before the next election that is already scheduled, but not sooner than 60 days after certification of the petition.
(b) If a petition is certified before the effective date of the matter referred, the ordinance or resolution against which the petition is filed shall be suspended pending the referendum vote. During the period of suspension, the governing body may not enact an ordinance or resolution substantially similar to the suspended measure.
(c) If the governing body repeals the ordinance or resolution before the referendum election, the petition is void and the matter referred shall not be placed before the voters.
(d) If a majority vote favors the repeal of the matter referred, it is repealed. Otherwise, the matter referred remains in effect or, if it has been suspended, becomes effective on certification of the election.
2023 Alaska Statutes › Title 29. Municipal Government › Chapter 26. Elections › Article 2. Initiative and Referendum. › Sec. 29.26.190. Effect.

(a) The effect of an ordinance or resolution may not be modified or negated within two years after its effective date if adopted in an initiative election or if adopted after a petition that contains substantially the same measure has been filed.
(b) If an ordinance or resolution is repealed in a referendum election or by the governing body after a petition that contains substantially the same measure has been filed, substantially similar legislation may not be enacted by the governing body for a period of two years.
(c) If an initiative or referendum measure fails to receive voter approval, a new petition application for substantially the same measure may not be filed sooner than six months after the election results are certified.
2023 Alaska Statutes › Title 29. Municipal Government › Chapter 26. Elections › Article 3. Recall. › Sec. 29.26.260. Application for recall petition.

(a) An application for a recall petition shall be filed with the municipal clerk and must contain
(1) the signatures and residence addresses of at least 10 municipal voters who will sponsor the petition;
(2) the name and address of the contact person and an alternate to whom all correspondence relating to the petition may be sent; and
(3) a statement in 200 words or less of the grounds for recall stated with particularity.
(b) An additional sponsor may be added at any time before the petition is filed by submitting the name of the sponsor to the clerk.
2023 Alaska Statutes › Title 29. Municipal Government › Chapter 26. Elections › Article 3. Recall. › Sec. 29.26.270. Recall petition.

(a) If the municipal clerk determines that an application for a recall petition meets the requirements of AS 29.26.260, the clerk shall prepare a recall petition. All copies of the petition must contain
(1) the name of the official sought to be recalled;
(2) the statement of the grounds for recall as set out in the application for petition;
(3) the date the petition is issued by the clerk;
(4) notice that signatures must be secured within 60 days after the date the petition is issued;
(5) spaces for each signature, the printed name of each signer, the date of each signature, and the residence and mailing addresses of each signer;
(6) a statement, with space for the sponsor's sworn signature and date of signing, that the sponsor personally circulated the petition, that all signatures were affixed in the presence of the sponsor, and that the sponsor believes the signatures to be those of the persons whose names they purport to be; and
(7) space for indicating the number of signatures on the petition.
(b) The clerk shall notify the contact person in writing when the petition is available. That person is responsible for notifying sponsors. Copies of the petition shall be provided by the clerk to each sponsor who appears in the clerk's office and requests a petition, and the clerk shall mail the petition to each sponsor who requests that the petition be mailed.
2023 Alaska Statutes › Title 29. Municipal Government › Chapter 26. Elections › Article 3. Recall. › Sec. 29.26.280. Signature requirements.

(a) The signatures on a recall petition shall be secured within 60 days after the date the clerk issues the petition. The statement provided under AS 29.26.270(a)(6) shall be completed and signed by the sponsor. Signatures shall be in ink or indelible pencil.
(b) The clerk shall determine the number of signatures required on a petition and inform the contact person in writing. If a petition seeks to recall an official who represents the municipality at large, the petition shall be signed by a number of voters equal to 25 percent of the number of votes cast for that office at the last regular election held before the date written notice is given to the contact person that the petition is available. If a petition seeks to recall an official who represents a district, the petition shall be signed by a number of the voters residing in the district equal to 25 percent of the number of votes cast in the district for that office at the last regular election held before the date the written notice is given to the contact person that the petition is available.
(c) Illegible signatures shall be rejected by the clerk unless accompanied by a legible printed name. Signatures not accompanied by a legible residence shall be rejected.
(d) A petition signer may withdraw the signer's signature upon written application to the clerk before certification of the petition.
2023 Alaska Statutes › Title 29. Municipal Government › Chapter 26. Elections › Article 3. Recall. › Sec. 29.26.290. Sufficiency of petition.

(a) The copies of a recall petition shall be assembled and filed as a single instrument. A petition may not be filed within 180 days before the end of the term of office of the official sought to be recalled. Within 10 days after the date a petition is filed, the municipal clerk shall
(1) certify on the petition whether it is sufficient; and
(2) if the petition is insufficient, identify the insufficiency and notify the contact person by certified mail.
(b) A petition that is insufficient may be supplemented with additional signatures obtained and filed before the 11th day after the date on which the petition is rejected if
(1) the petition contains an adequate number of signatures, counting both valid and invalid signatures; and
(2) the supplementary petition is filed more than 180 days before the end of the term of office of the official sought to be recalled.
(c) A petition that is insufficient shall be rejected and filed as a public record unless it is supplemented under (b) of this section. Within 10 days after the supplementary filing the clerk shall recertify the petition. If it is still insufficient, the petition is rejected and filed as a public record.
2023 Alaska Statutes › Title 29. Municipal Government › Chapter 26. Elections › Article 3. Recall. › Sec. 29.26.320. Election.

(a) If a regular election occurs within 75 days but not sooner than 45 days after submission of the petition to the governing body, the governing body shall submit the recall at that election.
(b) If no regular election occurs within 75 days, the governing body shall hold a special election on the recall question within 75 days but not sooner than 45 days after a petition is submitted to the governing body.
(c) If a vacancy occurs in the office after a sufficient recall petition is filed with the clerk, the recall question may not be submitted to the voters. The governing body may not appoint to the same office an official who resigns after a sufficient recall petition is filed naming that official.
2023 Alaska Statutes › Title 29. Municipal Government › Chapter 26. Elections › Article 3. Recall. › Sec. 29.26.330. Form of recall ballot.

A recall ballot must contain
(1) the grounds for recall as stated in 200 words or less on the recall petition;
(2) a statement by the official named on the recall petition of 200 words or less, if the statement is filed with the clerk for publication and public inspection at least 20 days before the election;
(3) the following question: “Shall (name of person) be recalled from the office of (office)? Yes [ ] No [ ]”.
2023 Alaska Statutes › Title 29. Municipal Government › Chapter 26. Elections › Article 3. Recall. › Sec. 29.26.340. Effect.

(a) If a majority vote favors recall, the office becomes vacant upon certification of the recall election.
(b) If an official is not recalled at the election, an application for a petition to recall the same official may not be filed sooner than six months after the election.
2023 Alaska Statutes › Title 29. Municipal Government › Chapter 26. Elections › Article 3. Recall. › Sec. 29.26.350. Successors.

(a) If an official is recalled from the governing body, the office of that official is filled in accordance with AS 29.20.180. If all members of the governing body are recalled, the governor shall appoint three qualified persons to the governing body. The appointees shall appoint additional members to fill remaining vacancies in accordance with AS 29.20.180.
(b) If a member of the school board is recalled, the office of that member is filled in accordance with AS 14.12.070. If all members are recalled from a school board, the governor shall appoint three qualified persons to the school board. The appointees shall appoint additional members to fill remaining vacancies in accordance with AS 14.12.070.
(c) A person who has been recalled may not be appointed under (a) or (b) of this section to the office from which the person was recalled. A person appointed under (a) or (b) of this section serves until a successor is elected and takes office.
(d) If an official other than a member of the governing body or school board is recalled, a successor shall be elected to fill the unexpired portion of the term. The election shall be held not more than 60 days after the date the recall election is certified, except that if a regular election occurs within 75 days after certification the successor shall be chosen at that election.
(e) Nominations for a successor may be filed until seven days before the last date on which a first notice of the election must be given. Nominations may not be filed before the certification of the recall election.
2023 Alaska Statutes › Title 29. Municipal Government › Chapter 35. Municipal Powers and Duties › Article 1. General Powers. › Sec. 29.35.010. General powers.

All municipalities have the following general powers, subject to other provisions of law:
(1) to establish and prescribe a salary for an elected or appointed municipal official or employee;
(2) to combine two or more appointive or administrative offices;
(3) to establish and prescribe the functions of a municipal department, office, or agency;
(4) to require periodic and special reports from a municipal department to be submitted through the mayor;
(5) to investigate an affair of the municipality and make inquiries into the conduct of a municipal department;
(6) to levy a tax or special assessment, and impose a lien for its enforcement;
(7) to enforce an ordinance and to prescribe a penalty for violation of an ordinance;
(8) to acquire, manage, control, use, and dispose of real and personal property, whether the property is situated inside or outside the municipal boundaries; this power includes the power of a borough to expend, for any purpose authorized by law, money received from the disposal of land in a service area established under AS 29.35.450;
(9) to expend money for a community purpose, facility, or service for the good of the municipality to the extent the municipality is otherwise authorized by law to exercise the power necessary to accomplish the purpose or provide the facility or service;
(10) to regulate the operation and use of a municipal right-of-way, facility, or service;
(11) to borrow money and issue evidences of indebtedness;
(12) to acquire membership in an organization that promotes legislation for the good of the municipality;
(13) to enter into an agreement, including an agreement for cooperative or joint administration of any function or power with a municipality, the state, or the United States;
(14) to sue and be sued;
(15) to provide facilities or services for the confinement and care of prisoners and enter into agreements with the state, another municipality, or any person relating to the confinement and care of prisoners;
(16) to receive grants from and contract with the Department of Public Safety under AS 18.65.670;
(17) to provide by ordinance for the creation, recording, and notice of a lien on real or personal property to secure payment of past due utility fees, costs incurred by the municipality in the abatement of an unsafe or dangerous building, and other fees and charges provided for by ordinance; except as otherwise provided by state law, when recorded, a municipal lien under this paragraph has priority over all other liens except
(A) liens for property taxes, special assessments, and sales and use taxes;
(B) liens that were perfected before the recording of the lien under this paragraph;
(C) liens that, under state law, are prior, paramount, and superior to all other liens; and
(D) mechanics' and materialmen's liens for which claims of lien under AS 34.35.070 or notices of right to lien under AS 34.35.064 have been recorded before the recording of the lien under this paragraph.
2023 Alaska Statutes › Title 29. Municipal Government › Chapter 35. Municipal Powers and Duties › Article 1. General Powers. › Sec. 29.35.020. Extraterritorial jurisdiction.

(a) To the extent a municipality is otherwise authorized by law to exercise the power necessary to provide the facility or service, the municipality may provide facilities for the confinement and care of prisoners, parks, playgrounds, cemeteries, emergency medical services, solid and septic waste disposal, utility services, airports, streets (including ice roads), trails, transportation facilities, wharves, harbors and other marine facilities outside its boundaries and may regulate their use and operation to the extent that the jurisdiction in which they are located does not regulate them. A regulation adopted under this section must state that it applies outside the municipality.
(b) A municipality may adopt an ordinance to exercise a power authorized by this subsection and may enforce the ordinance outside its boundaries. Before a power authorized by this subsection may be exercised inside the boundaries of another municipality, the approval of the other municipality must be given by ordinance, and before a power authorized by this subsection may be exercised inside a village, as that term is defined by AS 46.08.900, the approval of the village must be given by resolution. A municipality intending to exercise its authority under this subsection shall act by ordinance, and may adopt an ordinance under this subsection to
(1) protect its water supply and watershed; or
(2) contain, clean up, or prevent the release or threatened release of oil or a hazardous substance that may pose an imminent or substantial threat to persons, property, or natural resources within the municipality's boundaries; however, this paragraph does not authorize a municipality to enforce an ordinance outside its boundaries to regulate exploration, development, production, or transportation of oil, gas, or minerals in a manner inconsistent with the state's management of those resources, and enforcement of the ordinance must be consistent with a regional master plan prepared by the Department of Environmental Conservation under AS 46.04.210; in this paragraph, “natural resources” has the meaning given in AS 46.03.826.
(c) A municipality may enter into agreements with the United States Coast Guard, the United States Environmental Protection Agency, and other persons relating to development and enforcement of vessel traffic control and monitoring systems for oil barges and tank vessels carrying oil operating in or near the waters of the state.
(d) This section applies to home rule and general law municipalities.
(e) In this section, “village”
(1) means the area within a five-mile radius of the village post office or, if there is no post office, another site designated by the commissioner;
(2) does not include an area described in (1) of this subsection that is within a city or another village.
2023 Alaska Statutes › Title 29. Municipal Government › Chapter 35. Municipal Powers and Duties › Article 1. General Powers. › Sec. 29.35.030. Eminent domain.

(a) Except as provided in (b) of this section, a municipality may, only within its boundaries, exercise the powers of eminent domain and declaration of taking in the performance of a power or function of the municipality under the procedures set out in AS 09.55.250 - 09.55.460. In the case of a second class city, the exercise of the power of eminent domain or declaration of taking must be by ordinance that is submitted to the voters at the next general election or at a special election called for that purpose. A majority of the votes on the question is required for approval of the ordinance.
(b) The power of eminent domain may not be exercised to acquire private property from a private person for the purpose of transferring title to the property to another private person for economic development, except as provided by AS 09.55.240(d)(1) - (6), and may not be exercised for purposes expressed in AS 09.55.240(e).
(c) This section applies to home rule and general law municipalities.
(d) In this section,
(1) “economic development” has the meaning given in AS 09.55.240;
(2) “private person” has the meaning given in AS 09.55.240.
2023 Alaska Statutes › Title 29. Municipal Government › Chapter 35. Municipal Powers and Duties › Article 1. General Powers. › Sec. 29.35.040. Emergency disaster powers.

(a) A municipality that is wholly or partially in an area that is declared by the President or governor to be a disaster area may participate in and provide for housing, urban renewal, and redevelopment in the same manner as a home rule city. The exercise of these powers by a borough shall be on a nonareawide basis, except a borough may exercise the powers transferred to it by a city as provided by AS 29.35.310.
(b) Powers granted by this section must be initiated within a period of not more than five years after the date of declaration of a natural disaster by the President or governor, but these powers may be extended for an additional period of not more than three years.
2023 Alaska Statutes › Title 29. Municipal Government › Chapter 35. Municipal Powers and Duties › Article 1. General Powers. › Sec. 29.35.055. Local air quality control program.

A municipality may establish a local air quality control program as provided in AS 46.14.400 only if the municipality has obtained the consent of its governing body through an ordinance authorizing the participation. This section applies to home rule and general law municipalities.
2023 Alaska Statutes › Title 29. Municipal Government › Chapter 35. Municipal Powers and Duties › Article 1. General Powers. › Sec. 29.35.060. Franchises and permits.

(a) The assembly acting for the area outside all cities in the borough and the council acting for the area in a city may grant franchises, including exclusive franchise privileges, to a person, corporation, organization, or utility not certificated by the former Alaska Public Utilities Commission or by the Regulatory Commission of Alaska and may permit the use of streets and other public places by the franchise holder under regulations prescribed by ordinance.
(b) Unless the grant is made on a competitive basis, the grant of an exclusive right to use a public street or right-of-way for more than five years to a utility or a transportation system not certificated by the former Alaska Public Utilities Commission or by the Regulatory Commission of Alaska shall be valid only if approved by a majority of the voters at an election.
(c) This section applies to home rule and general law municipalities.
2023 Alaska Statutes › Title 29. Municipal Government › Chapter 35. Municipal Powers and Duties › Article 1. General Powers. › Sec. 29.35.070. Public utilities.

(a) The assembly acting for the area outside all cities in the borough and the council acting for the area in a city may regulate, fix, establish, and change the rates and charges imposed for a utility service provided to the municipality or its inhabitants by a utility that is not subject to regulation under AS 42.05 unless that utility is exempted from regulation under AS 42.05.711(a), (d) - (k), (o), (p), (r), or (u).
(b) A municipality may provide for a reasonable deposit for meters and service to be given if interest is paid on the deposit.
(c) Unless the utility is owned by the municipality, all rates, charges, and regulations established under this section shall be established by ordinance and shall be reasonable and permit a fair return on invested capital.
(d) This section applies to home rule and general law municipalities.
2023 Alaska Statutes › Title 29. Municipal Government › Chapter 35. Municipal Powers and Duties › Article 1. General Powers. › Sec. 29.35.080. Alcoholic beverages.

(a) A municipality may regulate the possession, barter, sale, importation, and consumption of alcoholic beverages under AS 04.11.480 - 04.11.509 and AS 04.21.010.
(b) This section applies to home rule and general law municipalities.
2023 Alaska Statutes › Title 29. Municipal Government › Chapter 35. Municipal Powers and Duties › Article 1. General Powers. › Sec. 29.35.085. Curfew.

(a) A municipality may, by ordinance, provide for a curfew for persons under 18 years of age for whom the disabilities of minority have not been removed for general purposes under AS 09.55.590 and who have not arrived at the age of majority under AS 25.20.020.
(b) Notwithstanding AS 29.25.070(a), for a violation of this section, the court may impose a fine of not more than $250.
(c) The community work provisions of AS 47.12.030(b)(6) apply to punishment for a minor's conviction of a violation of a curfew ordinance for which a penalty is provided under AS 29.25.070(a).
2023 Alaska Statutes › Title 29. Municipal Government › Chapter 35. Municipal Powers and Duties › Article 1. General Powers. › Sec. 29.35.090. Municipal property; rights-of-way.

(a) The governing body shall by ordinance establish a formal procedure for acquisition and disposal of land and interests in land by the municipality.
(b) Notwithstanding AS 29.40.160 or other provisions of law, a municipality may not vacate a right-of-way acquired by the state under former 43 U.S.C. 932. This subsection applies to home rule and general law municipalities.
2023 Alaska Statutes › Title 29. Municipal Government › Chapter 35. Municipal Powers and Duties › Article 1. General Powers. › Sec. 29.35.100. Budget and capital program.

(a) The governing body shall establish the manner for the preparation and submission of the budget and capital program. After a public hearing, the governing body may approve the budget with or without amendments, and shall appropriate the money required for the approved budget.
(b) The governing body may make supplemental and emergency appropriations. Payment may not be authorized or made and an obligation may not be incurred except in accordance with appropriations.