Title 29 — Municipal Government
38 chapters · 509 sections in this title.
AS 29.35.144 Sprinkler systems in certain residential buildings.
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(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.
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(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.
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[Repealed or reserved.]
AS 29.35.147 Licensing of massage therapists.
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(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.
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(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.
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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.
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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.
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(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.
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(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.
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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.
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(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.
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(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.
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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.
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(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.
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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.
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(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.
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(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.
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(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.
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(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.
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(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.
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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.
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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.
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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.
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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.
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(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…
AS 29.35.460 Service area boards.
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The assembly may provide for an appointed or elected board to supervise the furnishing of special services in a service area.
AS 29.35.470 Financing.
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(a) The assembly may levy or authorize the levying of taxes, charges, or assessments in a service area to finance the special services. If the assembly authorizes the levying of taxes, charges, or assessments, the rate of taxation and the issuance of bonds are subject to assembly…
AS 29.35.480 Service areas in first class boroughs.
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In a first class borough, the assembly may exercise in a service area any power granted a first class city by law. The assembly may exercise in a service area any nonareawide power that may be exercised by a first class borough.
AS 29.35.490 Service areas in second and third class boroughs.
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Article 8. Hazardous Chemicals, Materials, and Wastes. (a) A second class borough may exercise in a service area any power granted a first class city by law or a nonareawide power that may be exercised by a first class borough if (1) the exercise of the power is approved by a maj…
AS 29.35.500 Reporting.
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(a) If a municipality establishes a program for the reporting of hazardous chemicals, hazardous materials, and hazardous wastes, then the municipality shall require a business or a government agency that handles hazardous chemicals, hazardous materials, or hazardous wastes to sub…
AS 29.35.510 Inspections; penalties.
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A municipality may conduct inspections, and establish and impose penalties, necessary to ensure compliance with reporting requirements adopted under AS 29.35.500.
AS 29.35.520 Fees.
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A municipality may impose appropriate fees to fully or partially compensate for the cost of processing reports and administering inspections under AS 29.35.500 — 29.35.510.
AS 29.35.530 Duties of municipalities; powers of other agencies.
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(a) The municipality, at the request of a business or government agency required to submit an inventory under AS 29.35.500, shall provide (1) a descriptive summary of the hazardous chemicals, hazardous materials, and hazardous wastes that are required to be included in an invento…
AS 29.35.540 Public access to information.
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Information obtained by a municipality under AS 29.35.500, 29.35.510, and 29.35.530 shall be made readily available to the public for inspection and copying.
AS 29.35.550 Application.
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AS 29.35.500 — 29.35.590 apply to home rule and general law municipalities.
AS 29.35.560 Municipal liability.
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The establishment by a municipality of a program for the reporting of hazardous chemicals, hazardous materials, and hazardous wastes does not increase the liability that may otherwise be imposed on the municipality for damages resulting from hazardous chemicals, hazardous materia…
AS 29.35.590 Definitions.
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Article 9. Port Authorities. In AS 29.35.500 — 29.35.590, (1) “acute hazardous waste” means a waste listed by the administrator or the Environmental Protection Agency in accordance with the criteria in 40 C.F.R. 261.11(a)(2); (2) “extremely hazardous substance” means a substance …
AS 29.35.600 Purpose of authorities.
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The purpose of a port authority is to provide for the development of a port or ports for transportation related commerce within the territory of the authority.
AS 29.35.605 Establishment of port authorities.
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(a) A port authority may be created by one of the following means: (1) the governing body of a municipality may create by ordinance a port authority as a public corporation of the municipality; (2) the governing bodies of two or more municipalities may create by parallel ordinanc…
AS 29.35.610 Dissolution of a port authority.
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(a) The enabling ordinance by which a port authority is created must provide for the manner by which a port authority may be dissolved. (b) If an authority ceases to exist, its assets shall be distributed to the municipalities that participated in the authority in proportion to t…
AS 29.35.615 Municipal property.
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(a) A municipality may transfer and otherwise convey or lease real property, and any improvements to it, to an authority for use by the authority for the purposes set out in the ordinance adopted under AS 29.35.605. (b) A municipality may transfer and otherwise assign or lease pe…
AS 29.35.620 Powers.
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If provided in the enabling ordinance, an authority may (1) sue and be sued; (2) have a seal and alter it at pleasure; (3) acquire an interest in a project as necessary or appropriate to provide financing for the project, whether by purchase, gift, or lease; (4) lease to others a…
AS 29.35.625 Bonds of a port authority; superior court jurisdiction.
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(a) If authorized by the enabling ordinance, an authority may borrow money and may issue bonds on which the principal and interest are payable (1) exclusively from the income and receipts of, or other money derived from, the project financed with the proceeds of the bonds; (2) ex…
AS 29.35.630 Bonds eligible for investment.
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Bonds issued under AS 29.35.625 are securities in which all public officers and public bodies of the state and its political subdivisions, all insurance companies, trust companies, banks, investment companies, executors, administrators, trustees, and other fiduciaries may properl…
AS 29.35.635 Validity of pledge.
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The pledge of revenue of an authority to the payment of the principal or interest on bonds or notes of the authority is valid and binding from the time the pledge is made, and the revenue is immediately subject to the lien of the pledge without physical delivery or further act. T…
AS 29.35.640 Credit of state or a municipality not pledged.
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(a) The state and municipalities participating in an authority are not liable for the debts of that authority. Bonds issued under AS 29.35.625 are payable solely from the revenue of the authority and do not constitute a (1) debt, liability, or obligation of the state or a municip…
AS 29.35.645 Pledges of the state and municipalities.
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The state and municipalities participating in the authority pledge to and agree with the holders of bonds issued under AS 29.35.625 and with the federal agency, if any, that loans or contributes funds in respect to a project of the authority, that the state and the municipalities…
AS 29.35.650 Limitation of liability.
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A liability incurred by an authority shall be satisfied exclusively from the assets or revenue of the authority. A creditor or other person does not have a right of action against the state or a municipality participating in an authority because of a debt, obligation, or liabilit…
AS 29.35.655 Limitation on personal liability.
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A board member or employee of an authority is not subject to personal liability or accountability because of the execution or issuance of bonds.
AS 29.35.660 Fidelity bond.
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An authority shall obtain a fidelity bond in an amount determined by the board for board members and each executive officer responsible for accounts and finances of that authority. A fidelity bond must be in effect during the entire tenure in office of the bonded person.