Title 29 — Municipal Government
38 chapters · 509 sections in this title.
AS 29.35.010 General powers.
3.0K chars
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 pres…
AS 29.35.015 Investment pools.
0.2K chars
A municipality may invest money in investment pools for public entities as authorized under AS 37.23 only if that municipality has obtained the consent of its governing body through an ordinance authorizing the participation.
AS 29.35.020 Extraterritorial jurisdiction.
2.8K chars
(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…
AS 29.35.030 Eminent domain.
1.1K chars
(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. I…
AS 29.35.040 Emergency disaster powers.
0.7K chars
(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 bor…
AS 29.35.050 Garbage and solid waste services.
3.7K chars
(a) Notwithstanding AS 29.35.200 — 29.35.220, a municipality may by ordinance (1) provide for the establishment, maintenance, and operation of a system of garbage and solid waste collection and disposal for the entire municipality, or for districts or portions of it; (2) require …
AS 29.35.055 Local air quality control program.
0.3K chars
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 municipalitie…
AS 29.35.060 Franchises and permits.
0.9K chars
(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 Uti…
AS 29.35.070 Public utilities.
0.9K chars
(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 n…
AS 29.35.080 Alcoholic beverages.
0.2K chars
(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.
AS 29.35.085 Curfew.
0.6K chars
(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 29.35.090 Municipal property; rights-of-way.
0.4K chars
(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 u…
AS 29.35.100 Budget and capital program.
0.5K chars
(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. …
AS 29.35.110 Expenditure of borough revenues.
0.8K chars
(a) Borough revenues received through taxes collected on an areawide basis by the borough may be expended on general administrative costs and on areawide functions only. Borough revenues received through taxes collected on a nonareawide basis may be expended on general administra…
AS 29.35.120 Annual audit.
0.5K chars
(a) The governing body shall provide for an annual independent audit of the accounts and financial transactions of the municipality or, in the case of a second class city, an audit or statement of annual income and expenditures. To make the audit the governing body shall designat…
AS 29.35.125 Fees for police protection services.
2.1K chars
(a) A municipality may by ordinance impose a fee on the owner of residential property, including multi-family housing, if a member of the municipal police department goes to the property an excessive number of times during a calendar year in response to a call for assistance, a c…
AS 29.35.130 Emergency services communications centers.
2.3K chars
(a) A municipality may establish an emergency services communications center with one or more other municipalities and one or more state, federal, or private agencies that provide emergency service communications to the same geographic area. An emergency services communications c…
AS 29.35.131 911 surcharge.
9.0K chars
(a) A municipality may, by resolution or ordinance, elect to provide an enhanced 911 system at public safety answering points and may purchase or lease the enhanced 911 equipment or service required to establish or maintain an enhanced 911 system at public safety answering points…
AS 29.35.133 Immunity for 911 systems.
1.1K chars
(a) The establishment, funding, use, operation, or maintenance of enhanced 911 systems and all activities associated with those actions are specifically found to be within the ambit of AS 09.50.250(1) and AS 09.65.070(d)(6). Except for intentional acts of misconduct or gross negl…
AS 29.35.134 Multi-line telephone systems.
3.6K chars
(a) A municipality may by ordinance require a multi-line telephone system operator to comply with this section if, after January 1, 2019, the system operator (1) upgrades an existing multi-line telephone system; or (2) installs a new multi-line telephone system. (b) The operator …
AS 29.35.135 Waiver of privacy by local exchange telephone company subscribers.
0.4K chars
Local exchange telephone company subscribers waive the privacy afforded by unlisted or unpublished telephone numbers to the extent that the name and address associated with the telephone number may be furnished to the enhanced 911 system for call routing or for automatic retrieva…
AS 29.35.137 Definitions.
3.2K chars
In AS 29.35.131 — 29.35.137, (1) “enhanced 911 equipment” means the equipment dedicated to the operation of, or use in, the establishment, operation, or maintenance of an enhanced 911 system, including customer premises equipment, automatic number identification or automatic loca…
AS 29.35.138 Application.
0.1K chars
AS 29.35.131 — 29.35.137 apply to home rule and general law municipalities.
AS 29.35.140 Regulation of transportation carriers.
0.3K chars
A municipality may not regulate an activity regarding transportation of passengers or freight for hire if the regulation conflicts with the regulation of that activity by the Alaska Transportation Commission as the regulation existed on April 1, 1983, under former AS 02.05, forme…
AS 29.35.141 Regulation of radio antennas.
1.7K chars
(a) A municipality that regulates the placement, screening, or height of radio antennas must reasonably accommodate amateur radio antennas. A municipality may require reasonable and customary engineering practices to be followed in the erection of amateur radio antennas. A munici…
AS 29.35.144 Sprinkler systems in certain residential buildings.
1.7K chars
(a) Except as provided by (b) of this section, a municipality may not require a sprinkler fire protection system to be included in the construction of all new single-family residential buildings or in the construction of all new residential buildings with not more than two dwelli…
AS 29.35.145 Regulation of firearms and knives.
2.0K chars
(a) The authority to regulate firearms and knives is reserved to the state, and, except as specifically provided by statute, a municipality may not enact or enforce an ordinance regulating the possession, ownership, sale, transfer, use, carrying, transportation, licensing, taxati…
AS 29.35.146 Regulation of unmanned aircraft systems.
0.0K chars
[Repealed or reserved.]
AS 29.35.147 Licensing of massage therapists.
0.3K chars
(a) The authority to license massage therapists is reserved to the state, and, except as specifically provided by statute, a municipality may not enact or enforce an ordinance requiring professional licensure of massage therapists. (b) This section applies to home rule and genera…
AS 29.35.148 Regulation of transportation network companies or drivers.
1.4K chars
(a) The authority to regulate transportation network companies and transportation network company drivers is reserved to the state, and, except as specifically provided by statute, a municipality may not enact or enforce an ordinance regulating transportation network companies or…
AS 29.35.149 Regulation of dextromethorphan.
0.3K chars
Article 2. Mandatory Areawide Powers. (a) The authority to regulate dextromethorphan is reserved to the state, and, except as specifically provided by statute, a municipality may not enact or enforce an ordinance regulating the possession or sale of dextromethorphan. (b) This sec…
AS 29.35.150 Scope of areawide powers.
0.1K chars
A borough shall exercise the powers as specified and in the manner specified in AS 29.35.150 — 29.35.180 on an areawide basis.
AS 29.35.160 Education.
1.0K chars
(a) Each borough constitutes a borough school district and establishes, maintains, and operates a system of public schools on an areawide basis as provided in AS 14.14.060. A military reservation in a borough is not part of the borough school district until the military mission i…
AS 29.35.170 Assessment and collection of taxes.
0.3K chars
(a) A borough shall assess and collect property, sales, and use taxes that are levied in its boundaries, subject to AS 29.45. (b) Taxes levied by a city shall be collected by a borough and returned in full to the levying city. This subsection applies to home rule and general law …
AS 29.35.180 Land use regulation.
0.2K chars
Article 3. Additional Powers. (a) A first or second class borough shall provide for planning, platting, and land use regulation in accordance with AS 29.40. (b) A home rule borough shall provide for planning, platting, and land use regulation.
AS 29.35.200 First class borough powers.
1.2K chars
(a) A first class borough may exercise by ordinance on a nonareawide basis any power not otherwise prohibited by law. (b) A first class borough may by ordinance exercise the following powers on an areawide basis: (1) provide transportation systems; (2) provide water pollution con…
AS 29.35.210 Second class borough powers.
2.4K chars
(a) A second class borough may by ordinance exercise the following powers on a nonareawide basis: (1) provide transportation systems; (2) regulate the offering for sale, exposure for sale, sale, use, or explosion of fireworks; (3) license, impound, and dispose of animals; (4) sub…
AS 29.35.220 Third class borough powers.
1.2K chars
Article 4. City Powers. (a) A third class borough may borrow money and issue negotiable or nonnegotiable bonds or other evidences of indebtedness as provided by AS 29.47. (b) Areawide exercise of a power by a third class borough other than education and tax assessment and collect…
AS 29.35.250 Cities inside boroughs.
0.9K chars
(a) A city inside a borough may exercise any power not otherwise prohibited by law. (b) On adoption of a borough ordinance to provide for areawide exercise of a power, no city may exercise the power unless the borough ordinance provides otherwise or the borough by ordinance cease…
AS 29.35.260 Cities outside boroughs.
1.1K chars
Article 5. Acquisition of Additional Powers. (a) A city outside a borough may exercise a power not otherwise prohibited by law. A provision that is incorporated by reference to laws governing boroughs applies to home rule cities outside boroughs only if the provision is made appl…
AS 29.35.300 Additional powers.
0.6K chars
(a) A first class borough acquires an additional areawide power by transfer of the power by a city or by holding an areawide election on the question. (b) A second class borough acquires an additional power by transfer of the power by a city or by holding an election on the quest…
AS 29.35.310 Transfer by city.
0.3K chars
(a) A city in a first or second class borough may transfer to the borough in which it is located any of its powers or functions, subject to the approval of the assembly. (b) A first or second class borough shall exercise all powers transferred to it by a city.
AS 29.35.320 Initiation of acquisition of power.
1.5K chars
(a) An election on the question of adding an areawide power in a first class borough or of adding an areawide or nonareawide power in a second class borough may be initiated in two ways: (1) a number of voters equal to 15 percent of the number of votes cast at the preceding regul…
AS 29.35.330 Election.
1.1K chars
(a) If more than one power is proposed for acquisition under AS 29.35.320, each shall appear separately on the ballot. (b) If a power is proposed for exercise by a third class borough in a service area, only voters residing in the proposed service area may vote. (c) A vote on the…
AS 29.35.340 Effect of acquiring an areawide power.
1.3K chars
(a) On acquisition of an areawide power the first or second class borough succeeds to all of the rights, powers, and duties of any city or service area with respect to that power. The borough succeeds to claims, franchises, and other contractual obligations, liability for bonded …
AS 29.35.350 Definition.
0.2K chars
Article 6. Construction of Powers. In AS 29.35.200 — 29.35.350, “power” means the provision of a public facility or service, or the exercise of a regulatory power.
AS 29.35.400 General construction.
0.1K chars
A liberal construction shall be given to all powers and functions of a municipality conferred in this title.
AS 29.35.410 Extent of powers.
0.2K chars
Unless otherwise limited by law, a municipality has and may exercise all powers and functions necessarily or fairly implied in or incident to the purpose of all powers and functions conferred in this title.
AS 29.35.420 Enumeration of powers.
0.2K chars
Article 7. Service Areas. A specific example in an enumerated power or function conferred upon a municipality in this title is illustrative of the object and not a limitation on or exclusion from the exercise of the power or function.
AS 29.35.450 Service areas.
4.8K chars
(a) A service area to provide special services in a borough or unified municipality may be established, operated, altered, or abolished by ordinance, subject to (c) of this section. Special services include services not provided by the unified municipality or a higher or differen…