§ 9.42.020. Unlawful operation; impoundment as public nuisance.  


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  • A.

    No person may drive, operate, stop or move an O.H.V. in the following ways or under the following circumstances, which are declared to be unsafe and unlawful:

    1.

    Upon a sidewalk, alley, street, roadway, shoulder or median within the municipality, except to cross a street when traveling from one municipally authorized O.H.V. area to another and provided that such crossing is at an angle of approximately 90 degrees to the direction of the street about to be crossed and at a place where no obstruction prohibits a quick and safe crossing and the O.H.V. is brought to a complete stop before crossing the shoulder or main-traveled way, and driver of the O.H.V. yields the right-of-way to all other traffic legally traveling on the street about to be crossed.

    2.

    On the private property of another without the express permission to do so by the owner or occupant of the property. Such permission shall be in writing and carried by the O.H.V. operator and displayed upon demand to a peace officer or other appropriate authority. Nothing in this subsection shall be construed to limit the power of the municipality to exercise procedures and remedies set forth in any other provision of this Code.

    3.

    In a careless, reckless or negligent manner so as to endanger the person or property of another, or to cause injury or damage to such person or property.

    4.

    While under the influence of intoxicating liquor, drugs or a combination of intoxicating liquor and drugs. Section 9.28.020 shall apply to prosecutions under this subsection. Every person who is convicted of violating this subsection shall be punished as provided in section 9.48.010.D.

    5.

    Within 500 feet of any established skating rink, sliding area, skiing area or any other recreation area where the operation of an O.H.V. would endanger persons or property or conflict with the recreational use.

    6.

    So as to knowingly or intentionally chase, run over or kill any animal.

    7.

    Without having such O.H.V. registered if required in accordance with the requirements of AS 28.10.011 or AS 28.39.010. If the O.H.V. is a snowmobile the numbered registration decals shall be displayed on the snowmobile as required by AS 28.39.040(e), and the registration certificate issued by the state shall be in possession of a person operating the snowmobile or carried in the snowmobile as required by 2 AAC 92.110. This certificate shall be waterproofed or contained in a waterproofed device and protected from mutilation. The certificate shall be clearly legible and available at all times while the snowmobile is in operation.

    8.

    While transporting firearms or other weapons used for the purpose of hunting, in other than in an unloaded and encased condition when transporting a firearm and in other than an unstrung condition when transporting a bow.

    9.

    While operating or riding an O.H.V., without wearing a properly fitted full coverage crash helmet, which has an approved current Snell Foundation or equivalent rating or meets standards of the U.S. Standards Institute Safety Code Z90.1-1966. Such rating shall be affixed to the helmet. This subsection does not apply to an operator or passenger of an O.H.V. riding within an enclosed cab of the vehicle.

    B.

    Violation of subsection A.1, A.2, A.3, A.4, A.5 or A.6 of this section is a public nuisance.

    1.

    An O.H.V. found to constitute a public nuisance under this chapter may be impounded immediately by the police department unless a reasonable and expeditious alternative to impoundment is readily apparent and available. The police department shall release an impounded O.H.V. only upon proof of ownership, and payment in full of reasonable charges for storage and towing by the owner, unless the court affirmatively finds the officer issued the citation without probable cause, and when ownership is established the municipal police will complete a release authorization and provide it to the owner.

    2.

    Nothing within this chapter shall be construed as limiting the power of a police officer or other authorized municipal official to impound an O.H.V. and retain it as evidence or for safekeeping as long as necessary when the operator or owner of the machine has been arrested, and the impoundment is reasonably necessary to protect the O.H.V. from theft, damage, vandalism or similar circumstances.

    C.

    Nothing in this chapter shall be construed to prohibit the operation of an O.H.V. by a person for an emergency purpose only, by a police officer or other public official in furtherance of lawful and official duties, by a municipal agency or an authorized contractor for the purpose of maintaining any public utility or conducting lawful construction activities, or by an organization conducting an off-road competitive event, provided that such event meets the criteria set forth in this chapter for such events and that such event has been authorized by the municipal agency having such authority.

(CAC 9.42.020; AO No. 78-72; AO No. 89-52; AO No. 91-155; AO No. 94-68(S), § 33, 8-11-94; AO No. 2011-113(S), § 120, 11-22-11, eff. 12-22-11)