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A. Parking Lot Owner Responsibilities. Between November 1st of each year and March 31st of the subsequent year, each employer or business with a total of 275 or more parking spaces with outlets within the Borough maintenance area shall supply electricity to outlets located in its parking lots for use by motorists in plugging in vehicles equipped with engine heaters. Electricity shall be supplied on days when temperatures fall below 21 degrees Fahrenheit, as measured by the National Weather Service at the Fairbanks International Airport.

1. Power Cycling. Power to parking lots may be cycled on and off every other hour during days when temperatures fall below the 21 degrees Fahrenheit threshold to conserve electricity use.

2. Record Keeping. Each employer or business subject to subsection (A) of this section shall maintain a logbook that documents the days on which power is supplied to electrical outlets located in its parking lots. Notations of special circumstances that prevent the supply of electricity to outlets shall be included. The logbooks shall be maintained for a five-year period and be available for inspection upon Borough request.

3. New Parking Lots.

a. Employers and businesses subject to subsection (A) of this section shall provide outlets for any new parking spaces intended for use by a motorist for longer than two hours.

b. Notwithstanding subsection (A) of this section, an employer or business shall provide outlets for new parking spaces when such spaces increase its number of spaces intended for use by a motorist for longer than two hours to 275 or more. The employer or business shall supply electricity to such outlets on days when temperatures fall below 21 degrees Fahrenheit, as measured by the National Weather Service at the Fairbanks International Airport in accordance with this chapter.

4. Maintenance of Outlets. Each employer or business subject to subsection (A) of this section shall maintain the electrical outlets in operable condition. No employer or business subject to subsection (A) of this section shall decrease the number of parking spaces with outlets without prior approval of the I/M program administrator.

B. Implementing Policies and Procedures. Within six months of the effective date of the ordinance codified in this chapter, the Borough shall develop administrative policies and procedures for implementing and enforcing this program.

C. Penalties for Violation.

1. The Borough may institute a civil action against an employer or business that violates a provision of this chapter. In addition to injunctive and compensatory relief, a person who violates this section is guilty of a violation punishable by a fine for each violation as set forth at Chapter 1.20 FNSBC. The Borough may bring an action to enjoin a violation or to recover a civil penalty notwithstanding the availability of any other remedy.

2. Each day that a violation of this chapter continues constitutes a separate violation.

D. Definitions.

Employer” or “business” means all private and public sector entities, including state, local and federal agencies, departments, offices, boards, commissions, corporations and political subdivisions or other organizational units, including the University of Alaska and School District. The total number of parking spaces includes all agencies, divisions, subsidiaries and locations of the employer or business within the Borough maintenance area.

Maintenance area” means the area located within the Borough that is set out and described by federal law (40 CFR 81.302) but excluding the city of North Pole. (Ord. 2019-16 § 39, 2019; Ord. 2004-61 § 3, 2004; Ord. 2001-17 § 3, 2001. 2004 Code § 8.20.010.)