Title 18 — Health, Safety, Housing, Human Rights, and Public Defender
43 chapters · 1,022 sections in this title.
AS 18.35.010 Purpose.
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The purpose of AS 18.35.010 — 18.35.090 is to establish and maintain minimum standards of health and sanitation in tourist camps, trailer camps, motor courts, and motels necessary and desirable for the protection of the public health and welfare.
AS 18.35.020 Administration of laws and regulations.
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The department has jurisdiction over the health and sanitary conditions of tourist accommodations under AS 18.35.010 — 18.35.090.
AS 18.35.030 Regulations.
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(a) The department may adopt and enforce regulations that relate to health and sanitation in the construction, operation, and maintenance of the accommodations including but not limited to minimum standards for water supply, sewage and refuse disposal, laundry, bathing and toilet…
AS 18.35.040 Secs. 18.35.040 , 18.35.050. Permits; penalty for noncompliance with permit requirement. [Repealed, § 2 ch 107 SLA 2006.]
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[Repealed or reserved.]
AS 18.35.060 Unlawful disposal of wastes.
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A person may not dispose of human excreta, garbage, or refuse on or near a public way or thoroughfare or on or near a tourist accommodation except in the use of appropriate facilities.
AS 18.35.070 Posting laws and regulations. [Repealed, § 2 ch 107 SLA 2006.]
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[Repealed or reserved.]
AS 18.35.080 Penalty for noncompliance.
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A person who fails to comply with AS 18.35.010 — 18.35.090 or the regulations adopted under those sections, upon conviction, is punishable by a fine of not more than $100, or by imprisonment in a jail for not more than 30 days, or both.
AS 18.35.090 Definitions.
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Article 2. Public Restrooms. In AS 18.35.010 — 18.35.090, (1) “department” means the Department of Environmental Conservation; (2) “tourist accommodations” means a place maintained or held out to the public for purposes of abode, whether occupied by transient or permanent guests,…
AS 18.35.100 Toilet facilities required in restaurants and taverns.
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(a) [Repealed, § 45 ch 59 SLA 1982.] (b) An owner of a restaurant or tavern shall provide and maintain sanitary toilet accommodations for public use.
AS 18.35.110 Penalty for violations of AS 18.35.100.
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[Repealed or reserved.]
AS 18.35.120 Enforcement of AS 18.35.100.
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The department shall adopt regulations to implement and enforce AS 18.35.100 by appropriate means. The regulations must set standards of sanitation and must provide for, but need not be limited to, periodic inspections. However, the regulations may not require a restaurant or tav…
AS 18.35.200 Free toilet facilities required for public facilities and special events.
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An owner of public facilities or sponsor of special events open to the general public shall, where practical, provide and maintain at the facilities or events sanitary toilet accommodations for public use whether the facilities or events are permanent or temporary. A charge may n…
AS 18.35.210 Penalty for violation of AS 18.35.200.
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A person who fails to comply with AS 18.35.200 is guilty of a misdemeanor and upon conviction is punishable by a fine of not more than $500. Each day of operation is a separate offense.
AS 18.35.220 Enforcement of AS 18.35.200.
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The department shall adopt regulations to implement and enforce AS 18.35.200 by appropriate means, including but not limited to periodic inspections.
AS 18.35.230 Definitions.
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Article 3. Prohibition of Smoking. In AS 18.35.100 — 18.35.230, (1) “department” means the Department of Environmental Conservation; (2) “public facilities” means recreation camps, picnic areas, theaters, places of entertainment, churches, fair buildings, and places with permanen…
AS 18.35.300 Places where smoking is regulated.
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[Repealed or reserved.]
AS 18.35.301 Prohibition of smoking.
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(a) An individual may not smoke in an enclosed area in a public place, including an enclosed area (1) at an entertainment venue or a sports arena; (2) on a bus, in a taxicab, on a ferry, or in another vehicle used for public transportation; (3) at a public transit depot, bus shel…
AS 18.35.305 Places where smoking is prohibited.
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[Repealed or reserved.]
AS 18.35.306 Notice of prohibition.
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(a) A person who is in charge of a place or vehicle where smoking is prohibited under AS 18.35.301 shall conspicuously display in the place or vehicle a sign that (1) reads “Smoking Prohibited by Law—Fine $50”; (2) includes the international symbol for no smoking; or (3) includes…
AS 18.35.310 Exemptions.
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[Repealed or reserved.]
AS 18.35.311 Duty of employers and building managers.
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(a) An employer may not permit an employee, customer, or other person to smoke inside an enclosed area at a place of employment. (b) The owner, operator, manager, or other person who manages a building or other place where smoking is prohibited under AS 18.35.301 may not provide …
AS 18.35.316 Powers and duties of the commissioner.
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(a) The commissioner (1) shall administer and enforce the requirements of AS 18.35.301 — 18.35.399; (2) may adopt regulations under AS 44.62 (Administrative Procedure Act) necessary to carry out the duties under this section. (b) In addition to other powers granted the commission…
AS 18.35.320 Designation of smoking sections.
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[Repealed or reserved.]
AS 18.35.321 Public education.
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(a) The commissioner shall ensure that employers, property owners, property operators, and other members of the public are provided ongoing access to (1) a program of education regarding the requirements in AS 18.35.301 — 18.35.399; (2) an electronically published printable broch…
AS 18.35.326 Nonretaliation.
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(a) An employer may not discharge or in any other manner retaliate against an employee because the employee cooperates with or initiates enforcement of a requirement in AS 18.35.301 — 18.35.399. (b) The owner or operator of a vehicle or other place that is subject to a requiremen…
AS 18.35.330 Display of smoking and no smoking signs.
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[Repealed or reserved.]
AS 18.35.331 Conflicts with local requirements.
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Nothing in AS 18.35.301 — 18.35.399 prohibits a municipality from adopting an ordinance imposing additional (1) limitations on smoking; (2) duties on employers, owners, operators, and other persons who are subject to the requirements of AS 18.35.306 or 18.35.311 related to smokin…
AS 18.35.340 Civil complaints; penalties.
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(a) The commissioner shall develop and maintain a procedure for processing reports of violations of AS 18.35.301, 18.35.306, 18.35.311, and 18.35.326. (b) If, after investigating a report made under this section, the commissioner determines that a violation has occurred, (1) the …
AS 18.35.341 Citations; penalty.
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(a) A peace officer may issue a citation for a violation of AS 18.35.301, 18.35.311, or 18.35.326 committed in the officer's presence or for a violation of AS 18.35.306. The provisions of AS 12.25.175 — 12.25.230 apply to the issuance of a citation under this subsection. (b) An e…
AS 18.35.342 Multiple fines prohibited.
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A person may not be fined more than once for each violation of AS 18.35.301, 18.35.306, 18.35.311, or 18.35.326.
AS 18.35.343 Injunctions.
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The commissioner or any affected party may institute an action in the superior court to enjoin repeated violations of AS 18.35.301, 18.35.306, 18.35.311, or 18.35.326.
AS 18.35.350 Enforcement authority.
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The commissioner or the commissioner's designee is responsible for enforcing the provisions of AS 18.35.301 — 18.35.399. This section does not limit the authority of peace officers.
AS 18.35.355 Public education.
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[Repealed or reserved.]
AS 18.35.357 Municipal regulation.
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A municipality may, by ordinance ratified by voters in a regular municipal election, exempt the municipality from the provisions of AS 18.35.301 — 18.35.350. Unless the municipality has adopted an ordinance banning smoking in certain public places, if a municipality exempts itsel…
AS 18.35.359 Local option election by an established village.
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(a) If a majority of the voters voting on the question vote to approve the option, AS 18.35.301 — 18.35.350 do not apply within the boundaries of the established village and former AS 18.35.300 — 18.35.365 apply in the village as those statutes provided on September 30, 2018. (b)…
AS 18.35.360 Regulations. [Repealed, § 10 ch 34 SLA 1984.]
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[Repealed or reserved.]
AS 18.35.365 Definitions.
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[Repealed or reserved.]
AS 18.35.399 Definitions.
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In AS 18.35.301 — 18.35.399, (1) “business” means a for-profit or nonprofit sole proprietorship, partnership, joint venture, corporation, professional corporation, private club, retail seller of goods or services, or other business entity; (2) “commissioner” means the commissione…