§ 25.70.050. Penalties and remedies; impoundment and forfeiture of vehicles.  


Latest version.
  • A.

    Fine. A person who violates a provision of this title or a municipal regulation promulgated under this title shall, upon conviction, be subject to a fine of not more than $300.00.

    B.

    Civil penalty; injunctive relief. In addition to any other remedy or penalty provided by this title, a person who violates a provision of this title or a municipal regulation promulgated under this title shall be subject to a civil penalty as set forth in section 14.60.030, or, if no penalty is included in section 14.60.030, a civil penalty in an amount equal to or greater than the costs to repair any damage caused plus any towing, storage and other costs in cases involving impoundment, but in any case not less than $50.00 for each offense, or injunctive relief to restrain the person from continuing the violation or threat of violation, or both a civil penalty and injunctive relief. Upon application for injunctive relief and a finding that a person is violating or threatening to violate this title, or a municipal regulation promulgated under this title, the superior court shall grant injunctive relief to restrain the violation. Imposition of civil penalties under this section may be sought in a separate civil action brought by either the municipality or any aggrieved resident of the municipality. Any funds obtained as a civil penalty shall be held by the municipality and spent only for impoundment and storage of vehicles in violation and for trail maintenance, repair and improvement.

    C.

    Impoundment and forfeiture of vehicles authorized. In the case of a violation of section 25.70.060.I, in addition to the penalties set out in subsections A and B of this section, the vehicle used in the violation may be impounded for 90 days for a first offense under subsection D of this section and may be forfeited to the municipality in accordance with subsection E of this section for a second or subsequent offense, or in the case of a knowing and intentional first offense where the violation causes significant damage to public or private property. Impoundment may be accomplished incident to an arrest, whether a valid citizen's arrest pursuant to AS 12.25.030 or by a peace officer, or pursuant to a court order entered in the course of civil or criminal enforcement proceedings. Vehicles found abandoned in violation of section 25.70.060.I may be immediately impounded, but may not be held longer than 48 hours under this section unless the party responsible for the impound obtains a court order authorizing continued impoundment.

    D.

    Release of impounded vehicles.

    1.

    A vehicle which is impounded under subsection C of this section as a penalty for violation of section 25.70.060.I shall be held for a period of at least 90 days.

    2.

    Prior to releasing a vehicle the person seeking to redeem the vehicle must obtain an order from the judge assigned to the case authorizing release of the vehicle. A release shall not be granted unless the applicant can:

    a.

    Provide proof of ownership;

    b.

    Provide proof of payment of or exemption from current personal property taxes on the vehicle;

    c.

    Pay or provide proof of payment for any repairs to trails and any other penalties or costs imposed; and

    d.

    Pay or provide proof of payment of costs of impoundment and storage.

    E.

    Procedures for vehicle forfeiture.

    1.

    A motor vehicle may not be forfeited under this section if the owner of the vehicle establishes, by a preponderance of the evidence, at a hearing before the court as the trier of fact, that the use of the vehicle in violation of section 25.70.060.I was committed by another person and that the owner was neither a consenting party nor privy to the violation.

    2.

    A forfeiture of a motor vehicle encumbered by a valid security interest at the time of seizure is subject to the interest of the secured party if the secured party establishes, by a preponderance of the evidence, at a hearing before the court as the trier of fact, that use of the motor vehicle in violation of section 25.70.060.I was committed by another person and that the secured party was neither a consenting party nor privy to the violation.

    3.

    A motor vehicle used in violation of section 25.70.060.I may be forfeited to the municipality either upon conviction of the defendant of a violation of section 25.70.060.I, or upon judgment of a court in a separate civil proceeding in rem. The court may order a forfeiture in the in rem proceeding if it finds that the motor vehicle was used during or in aid of a violation of section 25.70.060.I.

    4.

    It is not a defense in an in rem proceeding brought under this section that a criminal proceeding has or has not resulted in a conviction.

    5.

    A motor vehicle may be impounded by a peace officer upon an order issued by a court having jurisdiction over the motor vehicle upon a showing of probable cause that the motor vehicle may be forfeited under this section. Seizure without a court order may be made if:

    a.

    The impoundment is incident to a valid arrest;

    b.

    The motor vehicle subject to impoundment has been the subject of an earlier judgment in favor of the municipality in a criminal proceeding or civil proceeding in rem under this chapter; or

    c.

    There is probable cause to believe that the motor vehicle was used in violation of section 25.70.060.I and the motor vehicle is easily moveable. Motor vehicles impounded under this subsection may not be held for more than 48 hours without a court order obtained to continue their detention.

    6.

    A court may order impoundment of motor vehicles subject to forfeiture under this section for not less than 30 consecutive days.

    7.

    Motor vehicles seized under this section for the purpose of forfeiture or impoundment shall be held in the custody of the municipal police department or a private corporation authorized by the chief of police to retain custody of the motor vehicle as provided in subsection 7.a of this subsection and subsection 5 of this subsection, subject only to the orders and decrees of the court having jurisdiction over any forfeiture proceedings. If a motor vehicle is seized under this section, the chief of police or his authorized designee may:

    a.

    Remove the property to a place designated by the court; or

    b.

    Take custody of the property and remove it to an appropriate location for disposition in accordance with law.

    8.

    Within 31 days after a forfeiture order under this section, the chief of police or his designee shall make an inventory of any motor vehicle seized and shall appraise its value.

    9.

    Within 20 days after a seizure under this section for purposes of forfeiture, the chief of police or his designee shall, by certified mail, notify any person known to have an interest in a motor vehicle with an appraised value of $500.00 or more, or who is ascertainable from official registration papers, licenses or other state, federal or municipal numbers on the motor vehicle of the pending forfeiture action. Additionally, the chief of police or his designee shall publish notice of forfeiture action of a motor vehicle valued at $500.00 or more. The notice shall be published for four consecutive calendar weeks.

    10.

    Upon service or completion of publication of notice of commencement of a forfeiture action under this section, a person claiming interest in the property shall file, within 30 days after service or completion of publication, a notice of claim setting out the nature of the interest, the date it was acquired, the consideration paid, and an answer to the municipality's allegations. If a claim and answer is not filed within the time specified, the motor vehicle described in the municipality's allegation must be ordered forfeited to the municipality without further proceedings or showings.

    11.

    Questions of fact or law raised by a notice of forfeiture action and answer of a claimant in an action commenced under this section must be determined by a court sitting without a jury. This proceeding may be held in abeyance until conclusion of any pending criminal charges against the claimant under section 25.70.060.I.

    12.

    A claimant who has filed a notice of claim under subsection 10 of this subsection may, at any time, petition for release of a seized motor vehicle by commencing an action for recovery of the vehicle.

    13.

    A motor vehicle which is the subject of a forfeiture action may not be released by the court unless the claimant described in subsection 10 of this subsection gives adequate assurance that the motor vehicle will remain subject to the court's jurisdiction and the court finds the release is in the best interests of the municipality or the claimant provides a bond or other valid and equivalent security equal to twice the assessed value of the motor vehicle.

    14.

    A claimant who is an innocent lienholder may petition the court for sale of a motor vehicle before final disposition of court proceedings. The court shall grant a petition for sale upon a finding that the sale is in the best interest of the municipality. Proceeds from the sale plus interest to the date of final disposition of the court proceedings become the subject of the forfeiture action.

    15.

    Property forfeited under this section shall be disposed of by the chief of police or his designee in accordance with applicable law. The chief of police or his designee may:

    a.

    Sell the property and use the proceeds for payment of all proper expenses of seizure, custody, court costs and municipal attorney fees; or

    b.

    Take custody of the property and use it in the enforcement of the municipal and state criminal codes.

    16.

    Upon a showing that a claimant is entitled to remittance in accordance with this section, the court shall order that:

    a.

    If the claimant is entitled to the motor vehicle, it shall be delivered to the claimant immediately.

    b.

    If the claimant is entitled to remittance of some value less than the total value of the motor vehicle, the claimant is entitled at the claimant's choice to receive either the value of the claimant's interest or, upon payment of the difference in value by the claimant, the motor vehicle itself.

    17.

    An offender who used a motor vehicle subject to remission in violation of section 25.70.060.I shall be assessed a civil penalty, which may not be less than the cost of any lien payment or remittance made by the municipality plus the reasonable costs of the seizure.

    18.

    The provisions of this section shall be interpreted independently of state laws regarding impoundment or forfeiture of motor vehicles.

    19.

    The storage and towing costs, if any, for vehicles impounded under subsection 6 of this subsection shall be borne by the person redeeming such vehicle as owner or on behalf of the owner.

    F.

    Private enforcement actions. In addition to other remedies available under this title, any person aggrieved by a violation of section 25.70.040 and section 25.70.045 may also initiate a private enforcement action before the administrative hearing officer to abate that violation as provided in section 21.25.035.

(AO No. 79-170; AO No. 83-150; AO No. 92-165(S-1); AO No. 93-124(S-3), § 4, 4-13-94; AO No. 93-167(S-1), § 21, 4-13-94; AO No. 96-147(S), § 4, 12-17-96; AO No. 2009-134, § 1, 1-12-10)