§ 9.28.019. Valid operator's license required.

A.

No person may operate or drive a motor vehicle unless currently licensed as an operator, as required by the state, and in compliance with all conditions or limitations on such license.

B.

It is unlawful for any person, with criminal negligence as to the status of that person's license, to:

1.

Drive a motor vehicle at a time when that person's driver's license, privilege to drive, or privilege to obtain a license has been canceled, suspended or revoked under circumstances described in AS 28.15.181(c) or a similar law in another jurisdiction;

2.

Drive a motor vehicle at a time when that person's driver's license, privilege to drive, or privilege to obtain a license has been canceled, suspended or revoked under circumstances other than those described in B.1. of this subsection; or

3.

Drive in violation of a limitation placed upon that person's license or privilege to drive in this or another jurisdiction.

C.

Driving while license canceled, suspended, revoked, or in violation of a limitation is:

1.

A class A misdemeanor if the person violates B.1 of this section. Upon conviction, the court shall:

a.

Impose a minimum sentence of imprisonment of not less than ten days with ten days suspended if the person has not been previously convicted under B.1. of this section or a similar law of another jurisdiction.

b.

Impose a minimum sentence of imprisonment of not less than ten days if the person has been previously convicted under B.1. or a similar law of another jurisdiction.

c.

Order the vehicle be impounded for 30 days if the person has not been previously convicted under this section or order the person's interest in the vehicle be forfeited to the municipality if the person has been previously convicted under this section, pursuant to section 9.28.026.

2.

A minor offense punishable as set forth in section 9.48.130 if the person violates B.2. or B.3. of this section.

D.

When a person's license is cancelled, limited, suspended or revoked, that person shall be informed by the state department of public safety or the court that takes the action at the time of the action that, upon a conviction of driving in the municipality at a time when that person's driver's license or privilege to drive has been cancelled, suspended or revoked, or upon a conviction of driving in violation of a limitation of the license, that person will be subject to the mandatory minimum sentence of imprisonment under subsection C. of this section.

E.

In this section, the term "previously convicted" means having been convicted in this or another jurisdiction, within ten years preceding the date of the present offense, of a violation of this section or another law or ordinance with substantially similar elements.

F.

The magistrate or judge who sets the conditions of release for a person arrested under this section shall at the same time set a vehicle return bond for the vehicle alleged in an oral statement of a police officer to have been used in the commission of the offense if the records of the Alaska Department of Public Safety, division of motor vehicles or the records of an agency with similar responsibilities in another state show that the person arrested for the offense has any interest in the vehicle. The purpose of setting a vehicle return bond is to secure the presence of the vehicle pending trial and to provide security to be forfeited along with the proceeds of a sale, transfer, or encumbrance if the defendant's interest in the vehicle is sold, transferred, or encumbered after the vehicle has been released pending trial. A person who secures the release of a vehicle pursuant to a vehicle return bond must return the vehicle to the custody of the municipality, if required by the terms of the vehicle return bond, or upon order of the court. If the vehicle's release has been obtained through the posting of a vehicle return bond, and the vehicle is not returned according to the terms of the vehicle return bond or pursuant to the court's order after a judgment of conviction, the municipality may, in addition to retaining the forfeited bond funds, seize the vehicle to implement the impoundment or forfeiture ordered by the court. If the person has not been previously convicted, the magistrate or judge setting the vehicle return bond shall order that the requirement of the vehicle return bond shall automatically expire 30 days after the vehicle has been seized if the vehicle has not been released pursuant to a vehicle return bond. The vehicle return bond set under the authority of this subsection may only be posted by a person alleged to have used the vehicle in the commission of one of the offenses described in this section or by a person who agrees to return the vehicle upon order of the court upon penalty of forfeiture of the bond. The vehicle return bond set under the authority of this subsection may be posted at the municipality. A vehicle return bond may be posted in cash only. A vehicle return bond shall be set at a minimum of:

1.

Two hundred fifty dollars, if the person has not been previously convicted.

2.

Five hundred dollars, if the person has been previously convicted and the vehicle is 20 years old or older.

3.

One thousand dollars, if the person has been previously convicted and the vehicle is 15 years old or older but less than 20 years old.

4.

One thousand five hundred dollars, if the person has been previously convicted and the vehicle is ten years old or older but less than 15 years old.

5.

Two thousand dollars, if the person has been previously convicted and the vehicle is five years old or older but less than ten years old.

6.

Two thousand five hundred dollars, if the person has been previously convicted and the vehicle is less than five years old.

A vehicle return bond may be set above the minimum if the vehicle appears to have unusually high value for its age. A vehicle that is or has been the subject of an order under this subsection shall not be released pending trial until the person seeking release of the vehicle has provided proof of insurance or an affidavit of insurance, proof of ownership of the vehicle and paid or provided proof of payment of the vehicle return bond and towing and storage fees, including the administrative fee of $410.00 to offset the municipality's processing costs. A vehicle that is or has been the subject of an order under this subsection shall not be released pending trial until the person seeking release of the vehicle has provided proof of ownership of the vehicle and paid or provided proof of payment of the vehicle return bond and towing and storage fees, including the administrative fee of $410.00 to offset the municipality's processing costs. If a vehicle has not been impounded for a longer period than the vehicle would be impounded if the person were convicted, the court shall not delete the requirement of the vehicle return bond or exonerate a posted vehicle return bond until the vehicle for which bond has been posted is returned pursuant to court order. Unless the following sentence applies, a vehicle that is or has been the subject of a vehicle return bond may only be released if the person seeking the release of the vehicle provides proof of insurance or an affidavit of insurance, and pays or provides proof of payment of the towing and storage costs, including the administrative fee of $410.00 to offset the municipality's processing costs. The insurance requirement may be waived by the municipality if the vehicle is inoperable. A vehicle may be recovered without payment of the storage costs, including the administrative fee, only if a court makes a specific finding that the seizure of the vehicle was legally unjustified and such specific finding follows a contested hearing or is pursuant to a stipulation between the parties. A seizure is "legally unjustified" only if there was: (1) no reasonable suspicion for the stop of the vehicle leading to an arrest for one of the offenses described in this section based on the individual allegedly operating, driving, or being in actual physical control of the vehicle; or (2) no probable cause for the arrest of an individual for one of the offenses described in this section based on the individual allegedly operating, driving, or being in actual physical control of the vehicle.

G.

The conditions of release established for a person charged under this section shall include at a minimum an order that the person's interest, if any, in the vehicle alleged in an oral statement by a police officer, criminal complaint, information, or indictment to have been used in the commission of the offense be forfeited if the person does not appear as ordered. This subsection applies to any release before judgment of conviction, including any release on the person's own recognizance.

H.

A vehicle that is or has been the subject of an order setting a vehicle return bond under subsection F. of this section and has not been released pursuant to that order is subject to the provisions of AS 28.10.502 if no criminal complaint, information, or indictment is filed by the date and time of the scheduled arraignment alleging a violation of this section or if the count of the criminal complaint, information, or indictment alleging a violation of this section is amended upon motion of the prosecution, is dismissed by the prosecution, or is resolved by the acquittal of the person alleged to have violated this section. The provisions of chapter 9.50 do not apply to a vehicle that is or has been the subject of an order setting a vehicle return bond under subsection F. of this section. Any vehicle return bond set expires on the date and time of the scheduled arraignment if no criminal complaint, information, or indictment alleging a violation of this section is filed by the date and time of the scheduled arraignment.

I.

Vehicles ordered impounded under subsection C.6. which are not claimed at the end of the court-ordered period of impoundment may be disposed of pursuant to the provisions of AS 28.10.502. If the contents of the vehicle have not been recovered before such disposal, the contents may be disposed of with the vehicle. Personal property in a vehicle that is subject to a vehicle return bond under subsection F. and has not been released pursuant to that vehicle return bond can be recovered only by the owner of the vehicle and only upon payment of a fee charged for monitoring the recovery of such personal property. Such fee shall be set by contract between the towing and storage contractor and the municipality if it is not established by ordinance. Such fee shall be recoverable by the owner of the vehicle if a court makes a specific finding that the seizure of the vehicle was legally unjustified following a contested hearing or pursuant to a stipulation between the parties.

J.

A motor vehicle that is the subject of a vehicle return bond under subsection F. and has not been released pursuant to that vehicle return bond shall be held in the custody of the police department or a private corporation authorized by the chief of police to retain custody of the motor vehicle, subject only to the orders and decrees of any court having jurisdiction over any forfeiture or impoundment proceedings. If a motor vehicle is seized under this section, the chief of police or authorized designee may:

1.

Remove the motor vehicle and any contents of the motor vehicle to a place designated by the court; or

2.

Take custody of the motor vehicle and any contents of the motor vehicle and remove it to an appropriate location for disposition in accordance with law.

K.

Before disposing of any vehicle forfeited under this section, the chief of police or designee shall make an inventory of the contents of any motor vehicle seized. Property forfeited under this section shall be disposed of by the chief of police or designee in accordance with this subsection. Property forfeited under this section includes both the vehicle that is the subject of the forfeiture action and the contents of the vehicle if those contents have not been recovered before the date of the disposal. The chief of police or designee may:

1.

Sell the property at an auction conducted by an auctioneer not employed by the impound contractor and use the proceeds for payment of all proper expenses of seizure, custody, the costs of the auction, court costs, and municipal attorney fees, provided if such sale is arranged for by the impound contractor the municipality shall receive at least 30 percent of the proceeds of any sale of forfeited vehicles following deduction for the costs charged by the auctioneer for the auction of those vehicles regardless of whether the costs of impound and storage exceed the value of the vehicles sold;

2.

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

3.

Destroy the property.

(CAC 9.12.010; AO No. 267 76; AO No. 78-72; AO No. 78-230(S); AO No. 83-168, 10-17-83; AO No. 89-52; AO No. 91-57(S); AO No. 2001-72, § 1, 7-1-02; AO No. 2002-125, § 1, 8-20-02; AO No. 2003-73, §§ 6, 7, 4-22-03; AO No. 2003-106, §§ 1, 2, 7-1-03; AO No. 2009-61, § 4, 7-7-09; AO No. 2010-76, § 1, 10-26-10; AO No. 2010-81(S-1), § 5, 12-7-10, eff. 1-1-11; AO No. 2011-113(S), § 58, 11-22-11, eff. 12-22-11; AO No. 2014-42, § 18, 6-21-14; EO No. 2016-1, §§ 3, 4, 7-12-16 ; AO No. 2016-83(S), §§ 5, 6, 7-26-16 )