Title 29 — Municipal Government
38 chapters · 509 sections in this title.
AS 29.26.060 Runoff elections.
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(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 pr…
AS 29.26.070 Election contest and appeal.
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Article 2. Initiative and Referendum. (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 c…
AS 29.26.100 Reservation of powers.
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The powers of initiative and referendum are reserved to the residents of municipalities, except the powers do not extend to matters restricted by art. XI, § 7 of the Constitution of the State of Alaska.
AS 29.26.110 Application for petition.
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(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 corresponde…
AS 29.26.120 Contents of petition.
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(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 resolu…
AS 29.26.130 Signature requirements.
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(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 …
AS 29.26.140 Sufficiency of petition.
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(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…
AS 29.26.150 Protest.
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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.…
AS 29.26.160 New petition.
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Failure to secure sufficient signatures does not preclude the filing of a new initiative or referendum petition. However, a new petition on substantially the same matter may not be filed sooner than six months after a petition is rejected as insufficient.
AS 29.26.170 Initiative election.
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(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 pet…
AS 29.26.180 Referendum election.
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(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 petiti…
AS 29.26.190 Effect.
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Article 3. Recall. (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 ordi…
AS 29.26.240 Recall.
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An official who is elected or appointed to an elective municipal office may be recalled by the voters after the official has served the first 120 days of the term for which elected or appointed.
AS 29.26.250 Grounds for recall.
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Grounds for recall are misconduct in office, incompetence, or failure to perform prescribed duties.
AS 29.26.260 Application for recall petition.
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(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 …
AS 29.26.270 Recall petition.
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(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 …
AS 29.26.280 Signature requirements.
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(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 …
AS 29.26.290 Sufficiency of petition.
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(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 …
AS 29.26.300 New recall petition application.
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A new application for a petition to recall the same official may not be filed sooner than six months after a petition is rejected as insufficient.
AS 29.26.310 Submission.
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If a recall petition is sufficient, the clerk shall submit it to the governing body at the next regular meeting or at a special meeting held before the next regular meeting.
AS 29.26.320 Election.
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(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 speci…
AS 29.26.330 Form of recall ballot.
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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 leas…
AS 29.26.340 Effect.
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(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.
AS 29.26.350 Successors.
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(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…
AS 29.26.360 Application.
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AS 29.26.250 — 29.26.360 apply to home rule and general law municipalities.
AS 29.35.010 General powers.
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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.
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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.
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(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.
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(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.
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(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.
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(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.
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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.
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(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.
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(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.
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(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.
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(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.
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(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.
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(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.
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(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.
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(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.
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(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.
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(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.
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(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.
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(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.
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(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.
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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.
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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.
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AS 29.35.131 — 29.35.137 apply to home rule and general law municipalities.
AS 29.35.140 Regulation of transportation carriers.
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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.
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(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…