AS Title 42, Chapter 30: Miscellaneous Regulations Governing Public Utilities and Carriers

Article 1. Rights and Obligations of Public Utilities Operating in Cities. Chapter 30. Miscellaneous Regulations Governing Public Utilities and Carriers. Sec. 42.30.010. Use of streets and public places. A person may not use the streets, alleys, or other public places of a city for public service except under AS 42.30.010 — 42.30.050. AS 42.30.010 — 42.30.050 do not apply to or affect a franchise granted before August 2, 1923, and may not be construed to legalize a franchise claimed to have been granted by a city. Sec. 42.30.020. Duty to serve without discrimination and adopt regulations. (a) Every person operating a public service plant or undertaking wholly or partially in a city for the furnishing of telephone service, water, power, lighterage, wharfage, dockage, storage, heat or light or kindred public service shall serve everybody alike without discrimination, and without denial, except for good and sufficient cause. Every person undertaking to supply this public service shall adopt reasonable rules and regulations for the conduct of the business and the operation of the public service plant. The rules and rates of charges for service shall be given fair and reasonable publicity. (b) A person operating a public service plant may not furnish the service cheaper than at rates lawfully established by charter, city ordinance, or otherwise, or grant or give a rebate from any sum due, owing, or earned for the service. (c) A person violating this section is guilty of a misdemeanor, and upon conviction is punishable by a fine of not more than $1000, or by imprisonment for not more than 90 days, or by both. Sec. 42.30.030. Books of account. Every person installing, operating, or maintaining a public service plant for the purpose of supplying the city or the inhabitants of the city with telephone service, water, power, lighterage, wharfage, dockage, storage, heat, or light, or rendering other kindred public service shall keep correct books of account in permanent convenient form showing in detail the volume of business done, the character of the business done, the quantity and kind of service rendered, rates charged, and all expenses incurred in connection with the operation of the enterprise, showing the items of expense in detail. The books shall be open to inspection by the mayor and the city council and by an accredited agent, auditor, or representative appointed by the mayor and city council. Sec. 42.30.040. Annual statement. (a) During April of each year, each person engaged in furnishing a public service, except a rural electrification or telephone cooperative or nonprofit association receiving financial assistance from the federal government under 7 U.S.C. 901 — 918c (Rural Electrification Act), shall file with the city council a written statement under oath, sworn to by the person having the management and control of the business or other person familiar with all the facts. The statement must contain a detailed list of all property used in connection with the enterprise and give the valuation of each piece of property listed. It must also contain a statement of the receipts and disbursements during the year, and the profits or losses. The statement of disbursements must show to whom each item was paid and what for. The statement shall be for the calendar year preceding and shall be for the use of the city council. (b) The city council is not bound by the statement but may inquire into its truth. Sec. 42.30.050. Penalty for failure to file annual report. A person, firm, or corporation operating a public service plant or public utility, who wilfully fails, refuses, or neglects to file the report required by AS 42.30.040 within the time specified is guilty of a misdemeanor, and upon conviction is punishable by a fine of not more than $1,000. Article 2. Transportation of Explosives. Sec. 42.30.060. Prohibition of explosives on vessels or vehicles carrying passengers. A person may not transport, carry, or convey dynamite, gunpowder, nitroglycerine, naphtha, benzine, gasoline, crude or refined petroleum, or similar explosive burning fluid, or similar dangerous article on a vessel or vehicle operating in the state, or on the waters of the state, when the vessel or vehicle is carrying passengers for hire. Refined petroleum may be carried on a vessel or vehicle if it is put in good iron-bound casks, barrels, or boxes, in metallic cans, or vessels carefully packed in boxes and if it will not ignite at a temperature of less than 110 degrees Fahrenheit. Each cask, barrel, or box shall be plainly marked upon its head with the name of the manufacturer, the name of the article, and the temperature at which it will ignite. The empty containers in which the refined oil is carried may be returned to the place of shipment by the vessel or vehicle which transported it. Sec. 42.30.070. Marking packages containing explosives. The contents of every package containing an explosive or other dangerous article when presented to the master, conductor, or proprietor of a vessel or vehicle for shipment shall be plainly marked on the outside. A person may not deliver, or have delivered, to a vessel or vehicle engaged in commerce by land or water in the state, or carry upon the vessel or vehicle, an explosive or other dangerous article under false or deceptive marking, description, invoice, shipping order, or other declaration, or without informing the agent of the carrier of its character at or before the time delivery or carriage is made. Sec. 42.30.080. Penalty for violation. A person who knowingly violates AS 42.30.060 or 42.30.070 is guilty of a misdemeanor, and is punishable by a fine of not more than $2,000, or by imprisonment for not more than 18 months, or by both. Sec. 42.30.090. Penalty for violation causing death or injury. When death or bodily injury is caused by the explosion of an article referred to in AS 42.30.060 — 42.30.100 while it is being placed on a vessel or vehicle for transportation in violation of AS 42.30.060 — 42.30.100, or while it is being transported or removed from a vessel or vehicle, the person knowingly placing, or aiding, or permitting the placing of the article upon the vessel or vehicle, upon conviction, is punishable by imprisonment for not less than one year nor more than 10 years. Sec. 42.30.100. Transportation of motor fuel not prohibited. Nothing in AS 42.30.060 — 42.30.090 prohibits the transportation of gasoline or petroleum products on a motorboat or vessel for use as a source of motive power on the motorboat or vessel. Article 3. Safety Regulations Governing Transportation of Passengers in Vehicles. Sec. 42.30.110. Escape doorway. A person engaged in business in the state as a common carrier may not use in the transportation of passengers on land a bus or other closed vehicle unless it has at least one escape doorway other than at the main entrance. The escape door shall be located at the rear of the vehicle or on the side opposite the regular entrance, and shall be kept and maintained in working order and free of obstacles without locks at all times when passengers are being carried. AS 42.30.110 — 42.30.140 do not apply to vehicles now in use in the state on March 14, 1949. Sec. 42.30.120. Standing passengers. Every passenger bus operating as a common carrier may transport standing passengers in numbers that do not endanger the safe operation of the bus. A passenger bus operating as a common carrier on a route exceeding 15 miles from the center of a municipality may not carry standing passengers greater than 25 percent of the rated seating capacity of the bus. Sec. 42.30.130. Enforcement. The Department of Public Safety and every peace officer and municipal law enforcement agency shall enforce AS 42.30.110 — 42.30.140. Sec. 42.30.140. Penalties. A person who violates AS 42.30.110 — 42.30.140, upon conviction, is punishable for each offense by a fine of not more than $300. Article 4. Injury to Livestock by Railroads. Sec. 42.30.150. Liability of railroad for injury to or death of livestock. A person or the lessee or agent of a person owning or operating a railroad in the state is liable for the value of or injury to a horse, mule, colt, cow, bull, calf, hog, sheep, or other domesticated animal killed or injured upon or near an unfenced track of a railroad in the state, whenever the death or injury is caused by a moving train, engine, or car upon a track. Sec. 42.30.160. When railroad track considered fenced. A railroad track is not fenced within the meaning of AS 42.30.150 — 42.30.190 unless the track is guarded against the entrance of the livestock on either side and not more than 100 feet distant from the track by a fence constructed as required by law. Complete natural defenses against the entrance of stock, such as natural walls or deep ditches, are lawful fences within the meaning of AS 42.30.150 — 42.30.190 when they form, in connection with other legal fences, a continuous guard and defense against the entrance of livestock upon the track. Sec. 42.30.170. Notice and filing of killing or injury. Whenever livestock mentioned in AS 42.30.150 is killed or injured upon an unfenced railroad track, the person owning or operating the railroad, or that person's lessee or agent, or an authorized agent or employee, shall immediately have a notice of killing or injury filed by filing a concise description of the animal killed or injured, including brand, earmark, or other marks of ownership with the railroad agents at the two extremities of the section on which the killing or injury took place. If the animal is injured, the notice must describe the nature of the injury. The description shall be open to inspection at all reasonable hours of each week day for one month after the killing or injury. Sec. 42.30.180. Penalty for failure to file notice. A person who neglects or fails to file or have filed the notice provided for in AS 42.30.170 is guilty of a misdemeanor and upon conviction is punishable by a fine of not more than $200 for each offense. Sec. 42.30.190. Action for killing or injury. In an action for the recovery of the value of livestock referred to in AS 42.30.150 , proof of death or injury is conclusive evidence of negligence upon the part of the person or the person's lessee or agent owning or operating the railroad. Contributory negligence on the part of the plaintiff in the action is a defense. However, allowing stock to run at large upon common unfenced range or upon enclosed land owned or in possession of the owner is not contributory negligence. Proof of wilful intent on the part of the plaintiff to procure the death or injury of stock defeats the recovery of damages for death or injury. Article 5. Responsibilities of Air Carriers. Secs. 42.30.200 — 42.30.380. Responsibilities of Air Carriers. [Repealed, E.O. No. 98, § 16 (1997). For current law, see AS 02.40 .] Article 6. Locating Underground Facilities. Sec. 42.30.400. Excavator's notice of proposed excavation. (a) Before beginning an excavation, an excavator shall give notice of the proposed excavation to each underground facility operator who has an underground facility in the area of the proposed excavation and request the operator to field mark the location of its underground facility. The excavator shall notify an underground facility operator who subscribes to a notification center by giving notice to the center. The excavator shall notify an underground facility operator listed in the applicable telephone directory who is not a subscriber to a notification center by giving notice directly to the operator. (b) Except in the case of an emergency locate request or a request to locate in a remote, unstaffed, or inaccessible location, the excavator shall notify an underground facility operator who may have a facility in the area of a proposed excavation at least two but not more than 15 working days before the date scheduled for beginning the excavation. In the case of a request to locate in a remote or unstaffed location, the excavator shall notify the operator at least 10 but not more than 20 working days before the scheduled date for beginning excavation. (c) In an emergency, the excavator shall immediately notify each underground facility operator in the area of the emergency and of the need for the excavation and request prompt location of underground facilities. Sec. 42.30.410. Operator's response to request to locate; immunity related to unmarked or inaccurately marked facilities. (a) An underground facility operator shall accept requests to locate underground facilities during the operator's regular business hours. An operator who receives a request to locate shall maintain for at least one year an accurate record of the request and responses to the request. (b) When an underground facility operator receives a request to locate, it shall notify the excavator of the location of the underground facilities that the operator is able to field mark with reasonable accuracy and field mark those facilities. If the operator owns, uses, or operates an underground facility that is identified as being in the area of the proposed excavation but that the operator cannot field mark with reasonable accuracy, the operator shall provide the excavator with the best information available to the operator about its location and shall provide on-site assistance until the facility is located or until the excavator no longer needs assistance in locating that facility. (c) The field marks for an underground facility buried 10 feet deep or less must be located within 24 horizontal inches of the outside dimensions of the facility. For a facility buried deeper than 10 feet, the operator shall locate the field marks within 30 horizontal inches of the outside dimensions of the facility. The operator shall use stakes, paint, or other clearly identifiable material to show the field location of the underground facility. The marker used to designate the approximate location of an underground facility must follow the current color code standard used by the American Public Works Association. (d) Except for an underground facility in a remote, unstaffed, or inaccessible location, an underground facility operator shall respond to a request to locate promptly. A response is considered to be prompt if it is made within two working days after the operator receives the request or at a later time so long as the response occurs before the beginning of the excavation. For an underground facility in an accessible remote or unstaffed location, the operator shall respond within 10 working days after the operator receives the request or at a later time so long as the response occurs before the beginning of excavation. (e) After an operator has field marked an underground facility, the excavator is responsible for maintaining the markings. (f) An excavator may not begin to excavate until each underground facility has been field marked. (g) When an operator has field marked an underground facility once at the request of an excavator, the operator has the right to receive compensation from the excavator for costs incurred in responding to subsequent requests to locate the same underground facility during the same excavation project if the excavator failed to maintain the original marking. (h) If an excavator discovers an underground facility that was not field marked or was inaccurately field marked, the excavator shall immediately stop excavating in the vicinity of the facility and shall notify the operator of the discovery. The excavator may notify the operator by means of a notification center. The operator shall treat the notification as a request to locate in an emergency and shall respond accordingly. An excavator may not be held liable for inadvertent damage caused to an unmarked or an inaccurately marked underground facility. (i) Unless the request to locate is made in response to an emergency, an underground facility operator has the right to receive compensation for costs incurred in responding to a request to locate that gives the operator less notice than the minimum notice required by this section. This subsection may not be interpreted to require the operator to respond to the request to locate within the time requested in the notice. Sec. 42.30.420. Responsibility of construction project owners. The owner of a construction project that will require excavation shall indicate in bid documents or contracts for construction the existence of underground facilities that the project owner knows are located inside of the proposed area of excavation. This requirement does not release the excavator from the excavator's responsibility under AS 42.30.400 — 42.30.490. Sec. 42.30.430. Obligations concerning the conduct of excavations. (a) An excavator shall use reasonable care to avoid damaging an underground facility. The excavator shall (1) determine, without damage to the facility, the precise location of an underground facility whose location has been marked; (2) plan the excavation to avoid damage to and minimize interference with an underground facility in or near the excavation area; and (3) to the extent necessary to protect a facility from damage, provide support for an underground facility in and near the construction area during the excavation. (b) An excavator who, in the course of excavation, contacts or damages an underground facility shall notify the operator. If the damage causes an emergency, the excavator shall also alert appropriate local public safety agencies and take reasonable steps to ensure public safety. A damaged underground facility may not be reburied until it is repaired or relocated to the satisfaction of the operator. The operator of an underground facility that was damaged during excavation shall arrange for repair or relocation of the facility as soon as practical. Sec. 42.30.440. Penalties; injunctive relief. (a) In addition to all other remedies provided by law, a person who violates a provision of AS 42.30.400 — 42.30.490 is subject to a civil penalty of not less than $50 nor more than $1,000 for each offense if the violation results in or significantly contributes to damage to an underground facility. (b) If the court finds that an excavator is violating or threatening to violate a provision of AS 42.30.400 — 42.30.490 and the violation may result in damage to an underground facility, the court may grant injunctive relief to the underground facility operator. Sec. 42.30.450. Waiver of requirements by written agreement. An operator and an excavator may, by written agreement, waive the requirements of AS 42.30.400 — 42.30.490 that the excavator notify the operator of planned excavations and that the operator locate underground facilities. The agreement must identify the geographic areas to which the waiver applies and the time period for which the waiver is valid. Sec. 42.30.460. Underground facility owner. If the operator of an underground facility is not the owner of the facility and if the operator cannot be identified or has been identified but cannot be reached in a reasonable amount of time, the excavator may give the notice required by AS 42.30.400 — 42.30.490 to the owner of the underground facility and the owner shall assume the duties and responsibilities of the operator under AS 42.30.400 — 42.30.490. Sec. 42.30.490. Definitions. In AS 42.30.400 — 42.30.490, (1) “damage” means (A) the substantial weakening of structural or lateral support of an underground facility; (B) penetration, impairment, or destruction of any underground protective coating, housing, or other protective device; and (C) the partial or complete severance of an underground facility to the extent that the project owner or facility operator determines that repairs are required; (2) “emergency” means (A) a condition that constitutes a clear and present danger to life, health, or property; or (B) an unplanned service interruption; (3) “excavation” means (A) an activity in which earth, rock, or other material on or below the ground is moved or otherwise displaced by any means; (B) road maintenance that changes the original road grade; (C) demolition or movement of earth by equipment, tools, or explosive device except tilling of the soil less than 12 inches in depth for agricultural purposes; (4) “excavator” means a person who conducts excavation in the state; (5) “inaccessible” means impossible or unreasonably difficult to reach due to conditions beyond the control of the underground facility operator; (6) “notification center” or “center” means a service through which a person is able to call one number to notify member operators of underground facilities that an excavation is proposed and to request the operators to mark facilities located inside of the proposed excavation area; (7) “operator” means a person who supplies a service for commercial or public use by means of an underground facility; (8) “person” means any individual, public or private corporation, political subdivision, government agency, municipality, industry, partnership, copartnership, association, firm, trust, estate, or any other entity whatsoever; (9) “remote” means not accessible by road; (10) “underground facility” means a pipe, sewer, conduit, cable, valve, line, or wire, including attachments and those parts of poles or anchors that are below ground, for use in connection with the storage or conveyance of water, sewage, telecommunications, cable television, electricity, petroleum, petroleum products, hazardous liquids, or flammable, toxic, or corrosive gas; (11) “unstaffed” means not normally staffed with employees; (12) “working day” means a day on which an underground facility operator is open for regular business.