Chapter 8.30
VIOLATIONS

Sections:

8.30.010    Generally.

8.30.020    Bail forfeiture schedule.

8.30.030    Disposition of citation.

8.30.010 Generally.

(a) Except as otherwise provided in this chapter, the provisions of Alaska Statutes, Title 28, as amended, and all regulations promulgated thereunder by the commissioner of public safety are incorporated by reference into this chapter.

(b) Unless otherwise provided for in Chapter 8 of the Nome Municipal Code of Ordinances a person who violates any ordinance codified in this chapter, or a provision of subsection (a) of this section shall be fined an amount not to exceed two hundred fifty dollars plus any surcharge required to be imposed by AS 12.55.039. (Ord. O-08-01-01 § 4, 2008; Ord. O-99-11-3 § 17, 1998: Ord. O-93-6-6 § 1 (part), 1994)

8.30.020 Bail forfeiture schedule.

The city adopts the bail forfeiture schedule promulgated by the Alaska Supreme Court and set forth as Administrative Rule 43.1 of the Alaska Rules of Court along with any surcharge required to be imposed by AS 12.55.039, as the bail forfeiture and fine schedule for certain traffic offenses. (Ord. O-99-11-3 § 18, 1998: Ord. O-93-6-6 § 1 (part), 1994)

8.30.030 Disposition of citation.

(a) A person charged with a traffic violation for which a bail forfeiture amount has been established under Administrative Rule 43.1 of the Alaska Rules of Court may, within seven days of the date stated on the citation, mail or deliver to the district court in Nome the amount of the bail or fine indicated on the citation for the offense together with a copy of the citation signed by the person and indicating either:

(1) The person’s waiver of his right to appear for arraignment, plea of no contest and request that the bail or fine amount enclosed be used to satisfy the offense; or

(2) The person’s waiver of the right to appear for arraignment, plea of not guilty and a request for trial.

(b) A person who mails or delivers an unsigned waiver of right to appear for arraignment along with the bail forfeiture or scheduled fine amount shall be deemed to have entered a plea of no contest unless the person designates otherwise. A person who mails or delivers a plea of not guilty but fails to forward the bail or fine schedule is not subject to issuance of a bench warrant unless the person also fails to appear for trial.

(c) When a bail or scheduled fine has been used to satisfy the offense under the provisions of subsection (a) of this section, a judgment of conviction will be entered. When trial is requested, the case shall be set on the calendar and notice sent to the parties.

(d) When a person is charged with a traffic violation and the statute, regulation or ordinance provides that the citation shall be dismissed upon providing proof to a law enforcement agency of compliance with the requirements of the statute, regulation or ordinance, the court or municipality shall dismiss the citation upon notification from the agency.

(e) The court may enter a conviction and forfeit the bail of a person who requests a trial under subsection (a)(2) of this section if the person has been sent notice of a trial date and then fails to appear on the scheduled date. A notice must state that the court may forfeit bail and enter a conviction if the person fails to appear. No further notice of the forfeiture is necessary.

(f) Any person charged with a traffic violation for which no bail forfeiture amount has been established under Administrative Rule 43.1 of the Alaska Rules of Court or who has not waived appearance and entered a plea under subsection (a) of this section, or who has failed to provide proof of compliance to a law enforcement agency under a statute, regulation or ordinance that permits dismissal of the citation upon a showing of compliance, shall appear for arraignment at the time and place designated on the citation. A person under eighteen years of age at the time of the offense must be accompanied by a parent, guardian or legal custodian. (Ord. O-93-6-6 § 1 (part), 1994)