2019 Alaska Statutes
Title 18. Health, Safety, Housing, Human Rights, and Public Defender
Chapter 35. Public Accommodations and Facilities
Article 3. Prohibition of Smoking.
Sec. 18.35.341. Citations; penalty.
(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 employee of the department designated by the commissioner to enforce the provisions of AS 18.35.301 - 18.35.399 may issue a citation for a violation of AS 18.35.301, 18.35.306, 18.35.311, or 18.35.326 regardless of whether the violation was committed in the employee's presence. A citation issued under this subsection shall be in the same form and shall be processed in the same manner as a citation issued by a peace officer under (a) of this section. An employee of the department may not arrest a person for a violation of AS 18.35.301, 18.35.306, 18.35.311, or 18.35.326.
(c) A person who violates AS 18.35.301, 18.35.306, 18.35.311, or 18.35.326 is guilty of a violation as defined in AS 11.81.900(b) and upon conviction is punishable by a fine of $50 for a violation of AS 18.35.301, by a fine of not less than $50 nor more than $300 for a violation of AS 18.35.306 or 18.35.311, and by a fine of not more than $500 for a violation of AS 18.35.326. Each day a violation of AS 18.35.306 or 18.35.311 continues after a citation for the violation has been issued constitutes a separate violation.
(d) The supreme court shall establish a schedule of bail amounts for violations of AS 18.35.301, 18.35.306, 18.35.311, and 18.35.326, but in no event may the bail amount exceed the maximum fine that may be imposed for the violation under (c) of this section. The bail amount for a violation must appear on the citation.
(e) If a person cited for a violation under this section does not contest the citation, the person may, on or before the 30th day after the date of the citation, mail or personally deliver to the clerk of the court in which the citation is filed
(1) the amount of bail indicated on the citation for that violation; and
(2) a copy of the citation indicating that the right to an appearance is waived, a plea of no contest is entered, and the bail is forfeited.
(f) When bail has been forfeited under (e) of this section, a judgment of conviction shall be entered. Forfeiture of bail is a complete satisfaction for the violation. The clerk of the court accepting the bail shall provide the violator with a receipt stating that fact if requested.
(g) A person cited under this section is guilty of failure to obey a citation under AS 12.25.230 if the person fails to pay the bail amount established under (d) of this section or fails to appear in court as required.
