Title 11
VEHICLES AND TRAFFICChapters:
11.04 Definitions
11.08 Enforcement
11.12 Administration
11.13 Alaska Administrative Code Adopted
11.16 Obedience to Regulations
11.17 Vehicle Weight and Load Limitations
11.24 Traffic-Control Devices
11.28 Alaska Statutes Adopted
11.32 Turning Movements
11.36 One-Way Streets and Alleys
11.40 Stopping, Standing and Parking
11.44 Miscellaneous Driving Rules
11.48 Miscellaneous Offenses
11.52 Vehicle Safety and Accessory Equipment
11.54 Truck Routes
11.56 Taxicabs
11.58 For Hire Vehicles at the Sitka Airport
11.60 Impounding Vehicles
11.64 Pedestrians
11.68 Bicycles
11.70 Helmet Requirements for Young Persons Riding Certain Vehicles
NOTE: Footnotes are numbered throughout the text and are located at the end of this title.
Chapter 11.04
DEFINITIONSSections:
11.04.010 Generally.
11.04.020 Authorized emergency vehicles.
11.04.030 Business district.
11.04.040 Curb loading zones.
11.04.050 Drivers.
11.04.060 Municipality.
11.04.070 Parking area.
11.04.080 Passenger loading zones.
11.04.090 Person.
11.04.100 Police officer.
11.04.110 Public holidays.
11.04.120 State.
11.04.130 Traffic division.
11.04.140 Vehicle.
11.04.010 Generally.
The following words and phrases in Sections 11.04.020 through 11.04.130, when used in this title, shall, for the purpose of this title, have the meaning respectively ascribed them in this chapter. (Ord. 84-597 § 4(B) (part), 1984; Ord. 73-57 § 3 (part), 1973.)
11.04.020 Authorized emergency vehicles.
“Authorized emergency vehicles” means vehicles of the fire department, police vehicles and such ambulances and emergency vehicles of municipal departments or public service corporations as are designated or authorized by the municipality or official having jurisdiction. (Ord. 84-597 § 4(B) (part), 1984; Ord. 73-57 § 3 (part), 1973.)
11.04.030 Business district.
“Business district” means the territory contiguous to and including the public street or highway when fifty percent or more of the frontage thereon on either side thereof or a continuous distance of three hundred feet or more is occupied by buildings in use for business. (Ord. 84-597 § 4(B) (part), 1984; Ord. 73-57 § 3 (part), 1973.)
11.04.040 Curb loading zones.
“Curb loading zones” means a space adjacent to a curb reserved for the exclusive use of vehicles during the loading or unloading of passengers or materials. (Ord. 84-597 § 4(B)(part), 1984; Ord. 73-57 § 3 (part), 1973.)
11.04.050 Drivers.
“Drivers” means a rider or leader of any animal or a person who pushes, drives or propels, operates or is in physical control of any vehicle. (Ord. 84-597 § 4(B) (part), 1984; Ord. 73-57 § 3 (part), 1973.)
11.04.060 Municipality.
“Municipality” means the city and borough of Sitka, Alaska. (Ord. 84-597 § 4(B) (part), 1984; Ord. 73-57 § 3 (part), 1973.)
11.04.070 Parking area.
“Parking area” means property used for public parking of vehicles. (Ord. 84-597 § 4(B) (part), 1984; Ord. 73-57 § 3 (part), 1973.)
11.04.080 Passenger loading zones.
“Passenger loading zones” means a place adjacent to a curb reserved for the exclusive use of vehicles during the loading or unloading of passengers. (Ord. 84-597 § 4(B) (part), 1984; Ord. 73-57 § 3 (part), 1973.)
11.04.090 Person.
“Person” means a natural person, firm, co-partnership, association or corporation. (Ord. 84-597 § 4(B) (part), 1984; Ord. 73-57 § 3 (part), 1973.)
11.04.100 Police officer.
“Police officer” means every officer of the municipal police department, or any officer authorized to direct or regulate traffic or to make arrests for violations of traffic regulations. (Ord. 84-597 § 4(B) (part), 1984; Ord. 73-57 § 3 (part), 1973.)
11.04.110 Public holidays.
“Public holidays” means New Year’s Day, Washington’s Birthday, Memorial Day, Fourth of July, Labor Day, Alaska Day, Veterans’ Day, Thanksgiving Day and Christmas Day. When a holiday falls on Sunday, the following Monday will be observed as the holiday. When a holiday falls on Saturday, the preceding Friday will be observed as the holiday. (Ord. 84-597 § 4(B) (part), 1984; Ord. 73-57 § 3 (part), 1973.)
11.04.120 State.
“State” means the state of Alaska. (Ord. 84-597 § 4(B) (part), 1984; Ord. 73-57 § 3 (part), 1973.)
11.04.130 Traffic division.
“Traffic division” means the traffic division of the police department of the municipality, or in the event a traffic division is not established, then the term whenever used herein shall be deemed to refer to the police department of this municipality. (Ord. 84-597 § 4(B) (part), 1984; Ord. 73-57 § 3 (part), 1973.)
11.04.140 Vehicle.
“Vehicle” means a device in, upon, or by which a person or property may be transported or drawn upon or immediately over a highway or vehicular way or area except devices used exclusively upon stationary rails or tracks. (Ord. 89-916 § 4(A), 1990.)
Chapter 11.08
ENFORCEMENTSections:
11.08.010 Duty of police department.
11.08.020 Board of traffic violations.
11.08.030 Police department to investigate accidents.
11.08.040 Authority of police and fire department officials.
11.08.050 Obedience to police and fire department officials.
11.08.010 Duty of police department.
It shall be the duty of the police department to enforce street and highway traffic ordinances and regulations of this municipality and all of the state motor vehicle laws applicable to street and highway traffic in this municipality, to make arrests for traffic violations, to investigate accidents and to carry out those duties especially imposed upon the department by this title. (Ord. 73-57 § 3 (part), 1973.)
11.08.020 Board of traffic violations.
A. The police department, or the traffic division thereof, shall keep a record of all moving violations of these traffic ordinances or the state motor vehicle laws of which any person has been charged. Such records shall be so maintained as to show all such types of moving violations and the total of each. The records shall accumulate during at least a five-year period and from that time on the records shall be maintained for at least the most recent five-year period.
B. All forms for records of the abovementioned violations and notices of the violations shall be serially numbered. For each month and year a written record shall be kept available to the public, showing the disposal of all such forms.
(Ord. 73-57 § 3 (part), 1973.)
11.08.030 Police department to investigate accidents.
It shall be the duty of the police officers of the department, to investigate traffic accidents and to arrest or cite and to assist in the prosecution of those persons charged with violations of law causing or contributing to such accidents. (Ord. 73-57 § 3 (part), 1973.)
11.08.040 Authority of police and fire department officials.
A. It shall be the duty of the officers of the police department and such officers as are assigned by the chief of police to enforce all municipal traffic regulations and ordinances and all of the state motor vehicle laws applicable to street and highway traffic in this municipality.
B. Officers of the police department and such officers as are assigned by the chief of police are authorized to direct all traffic by voice, hand, or signal in conformance with traffic laws; provided that, in the event of fire or other emergency, or to expedite traffic or safeguard pedestrians, officers of the police department may direct traffic as conditions may require notwithstanding the provisions of the traffic laws.
C. Officers of the fire department, when at the scene of a fire, may direct or assist the police in directing traffic thereat or in the immediate vicinity.
(Ord. 73-57 § 3 (part), 1973.)
11.08.050 Obedience to police and fire department officials.
No person shall wilfully fail or refuse to comply with any lawful order or direction of a police or fire department officer. (Ord. 73-57 § 3 (part), 1973.)
Chapter 11.12
ADMINISTRATIONSections:
11.12.010 Traffic accident reports.
11.12.020 Traffic accident studies.
11.12.030 Police department annual report.
11.12.040 Method of identifying funeral processions.
11.12.050 Experimental regulations and tests.
11.12.060 Traffic advisory committee.
11.12.070 Registered owner responsible for illegal parking and nonmoving violations.
11.12.080 Fines schedule and required appearances.
11.12.010 Traffic accident reports.
The police department shall receive and properly record all traffic accident reports made under any municipal ordinance. (Ord. 73-57 § 3 (part), 1973.)
11.12.020 Traffic accident studies.
Whenever the accidents in any particular location become numerous, the police department shall cooperate with the municipal engineer in conducting studies of such accidents and determining remedial measures. (Ord. 73-57 § 3 (part), 1973.)
11.12.030 Police department annual report.
The police department shall annually prepare a traffic report which shall be filed with the municipal administrator. Such report shall contain information on municipal traffic matters as follows:
A. The number of traffic accidents, the number of persons killed, the number of persons injured, and other pertinent traffic accident data;
B. The number of traffic accidents investigated and other pertinent data on the safety activities of the police department;
C. The plans and recommendations of the police department for future traffic safety activities.
(Ord. 73-57 § 3 (part), 1973.)
11.12.040 Method of identifying funeral processions.
The police chief shall designate a type of pennant or other identifying insignia to be displayed upon, or other methods to be employed to identify vehicles in funeral processions. (Ord. 73-57 § 3 (part), 1973.)
11.12.050 Experimental regulations and tests.
A. The chief of police is empowered to make emergency and experimental regulations, with approval of the municipal administrator; such regulations not to remain in effect more than ninety days.
B. The chief of police may test traffic control devices under actual conditions of traffic, with cooperation of the municipal engineer. (Ord. 73-57 § 3 (part), 1973.)
11.12.060 Traffic advisory committee.
The municipal administrator may appoint special traffic advisory committees to study and make recommendations on special traffic problems of wide public interest. The members of traffic advisory committees shall serve without compensation as such. The mayor, municipal administrator, chief of police, chairman of the public safety commission, and the municipal engineer shall be ex-officio members of all such committees. (Ord. 73-57 § 3 (part), 1973.)
11.12.070 Registered owner responsible for illegal parking and nonmoving violations.
Every person in whose name a vehicle is registered (licensed) shall be responsible for any parking or angle parking of the vehicles and for all offenses other than moving violations. It shall be no defense to a charge that the vehicle was used by another, unless it is shown that at such time such vehicle was being used without the consent of the registered (licensed) owner thereof. (Ord. 73-64 § 3 (part), 1973.)
11.12.080 Fines schedule and required appearances.
The following fine schedule and appearance requirements are set for the municipality’s motor vehicle and traffic offenses:
A. The municipal fines schedule shall be the scheduled amount of bail adopted by the Alaska Supreme Court for state motor vehicle and traffic offenses.
B. All municipal motor vehicle and traffic offenses may be disposed without court appearance, except violations of:
1. Section 11.13.02.140;
2. Chapter 11.20;
3. Sections 11.28.15.281 through 11.28.35.180;
4. Chapter 11.48.
C. All vehicle and traffic offenses not covered by the state bail schedule or within the charging section, the standard fine shall be fifty dollars, except correctable violations for which the bail amount shall be twenty dollars.
D. Whenever a person fails to appear at a scheduled court hearing ten dollars shall be added to the bail amount/fine for the offense.
(Ord. 91-1009 § 4, 1991; Ord. 88-794 § 4, 1988.)
Chapter 11.13
ALASKA ADMINISTRATIVE CODE ADOPTEDSections:
11.13.02.005 Obedience to and required traffic-control devices.
11.13.02.010 Traffic-control signal legend.
11.13.02.015 Pedestrian-control signals.
11.13.02.020 Flashing signals.
11.13.02.030 Display of unauthorized signs, signals, or markings.
11.13.02.050 Driving on right side of roadway—Exceptions and special situations.
11.13.02.055 Passing on right.
11.13.02.060 Limitations on driving left of center.
11.13.02.065 Overtaking a vehicle on the left—Limitations.
11.13.02.070 Passing vehicles proceeding in opposite directions.
11.13.02.075 No-passing zones.
11.13.02.080 One-way roadways and rotary traffic islands.
11.13.02.085 Driving on roadways laned for traffic.
11.13.02.090 Following too closely.
11.13.02.095 Use of divided and controlled-access highways—Restrictions.
11.13.02.107 Driving on mountain highways.
11.13.02.120 Vehicle approaching or entering intersection.
11.13.02.125 Vehicle turning left.
11.13.02.130 Stop signs and yield signs.
11.13.02.135 Vehicle entering roadway.
11.13.02.140 Driving of vehicles on approach of authorized emergency vehicles.
11.13.02.150 Pedestrian obedience to traffic-control devices and traffic regulations.
11.13.02.160 Crossing at other than crosswalks.
11.13.02.175 Pedestrians on highways.
11.13.02.180 Pedestrians soliciting rides or business.
11.13.02.190 Blind pedestrian devices and right-of-way.
11.13.02.195 Pedestrians yield to authorized emergency vehicles.
11.13.02.200 Required position and method of turning.
11.13.02.205 Limitations on turning.
11.13.02.210 Starting parked vehicle.
11.13.02.215 Turning movements and required signals.
11.13.02.257 Emerging from alley, driveway, or building.
11.13.02.260 Overtaking and passing school bus.
11.13.02.265 Stop when traffic may be obstructed.
11.13.02.295 Minimum speed regulation.
11.13.02.325 Special speed limitations.
11.13.02.330 Racing on highways.
11.13.02.340 Stopping, standing, or parking on highway and in other locations.
11.13.02.345 Officers authorized to remove vehicles.
11.13.02.367 Loading zones.
11.13.02.372 Public carrier stops.
11.13.02.385 Applicability of regulations to bicycles.
11.13.02.395 Riding on bicycles and certain nonmotorized conveyances.
11.13.02.400 Riding bicycles on roadways and bicycle paths.
11.13.02.420 Parking of bicycles.
11.13.02.422 Applicability of regulations to motorcycles.
11.13.02.425 Riding on motorcycles and motor-driven cycles.
11.13.02.427 Driving motorcycles and motor-driven cycles on roadways laned for traffic.
11.13.02.430 Applicability of regulations—Parental responsibility.
11.13.02.445 Riding on snowmobiles and other off-highway vehicles.
11.13.02.455 Operation on highways and other locations.
11.13.02.480 Unattended motor vehicle.
11.13.02.482 Limited use of vehicular ways and areas.
11.13.02.485 Limitations on backing.
11.13.02.487 Driving on sidewalk.
11.13.02.495 Riding in and on vehicles and towed objects—Boarding and alighting—Obstructing of driver’s view or driving mechanism.
11.13.02.497 Funerals and other processions—Permits.
11.13.02.517 Authorized and other emergency vehicles.
11.13.02.520 Following authorized emergency vehicle—Interference at scene of accident—Crossing fire hose.
11.13.02.530 Littering, depositing materials, and dragging objects prohibited.
11.13.02.545 Drivers to exercise care.
11.13.04.001 Scope and effect of regulations.
11.13.04.002 Unlawful to drive unsafe vehicle or violate chapter.
11.13.04.003 Minimum equipment required on vehicle for sale, rent, lease, or loan.
11.13.04.004 Sale or use of equipment.
11.13.04.005 Disconnection or alteration of equipment.
11.13.04.006 When inspection required—Roadside inspection.
11.13.04.007 Unsafe or defectively equipped vehicle.
11.13.04.008 Disposition of equipment citation.
11.13.04.009 Prohibited practices.
11.13.04.010 When lights are required.
11.13.04.015 Visibility distance and mounted height of lights.
11.13.04.020 Headlights.
11.13.04.025 Taillights.
11.13.04.030 Reflectors.
11.13.04.035 Stop lights.
11.13.04.037 Turn lights.
11.13.04.040 Additional lighting requirements.
11.13.04.070 Parking lights.
11.13.04.090 Authorized emergency vehicles.
11.13.04.095 Flashing yellow vehicular hazard warning lights.
11.13.04.097 Special school bus lighting equipment.
11.13.04.100 Flashing blue lights on vehicles.
11.13.04.145 Restrictions on lighting equipment.
11.13.04.205 Brakes.
11.13.04.210 Horns and warning devices.
11.13.04.215 Noise prevention—Mufflers.
11.13.04.220 Mirrors.
11.13.04.225 Windshields and wipers.
11.13.04.227 Steering assembly, wheel alignment and body condition.
11.13.04.230 Tires.
11.13.04.240 Certain vehicles to carry flares and other devices.
11.13.04.245 Display of warning lights and devices when vehicle is stopped or disabled.
11.13.04.247 Color and special equipment on school buses.
11.13.04.250 Vehicles transporting hazardous materials—Compressed gas fuel.
11.13.04.252 Slow-moving vehicle emblem.
11.13.04.257 Emission-control systems.
11.13.04.260 Television receivers and headsets.
11.13.04.265 Antispray device.
11.13.04.270 Safety belts.
11.13.04.272 Energy absorption systems.
11.13.04.275 Towed vehicles—Connections and safety devices.
11.13.04.320 Headlights.
11.13.04.325 Taillights.
11.13.04.330 Stop and turn lights.
11.13.04.335 Reflectors.
11.13.04.340 Brakes.
11.13.04.345 Handgrips, footrests and handlebars.
11.13.04.350 Equipment for riders.
11.13.04.400 Lights and reflectors.
11.13.04.405 Brakes.
11.13.04.410 Throttle.
11.13.04.415 Mufflers and emission-control systems.
11.13.04.420 Other equipment.
11.13.06.010 Unlawful to drive unsafe vehicle.
11.13.06.020 Owner or driver to comply with inspection requirements.
11.13.06.030 Inspection by officer.
11.13.06.040 Roadside inspection.
11.13.06.050 Notice and approval of repair or adjustment—Exception.
11.13.06.090 Prohibited practices.
11.13.40.010 Definitions.
11.13.02.005 Obedience to and required traffic-control devices.
A. All pedestrians and drivers of vehicles must obey the instructions of an applicable official traffic-control device placed and displayed in accordance with the provisions of statutes, regulations, or ordinances, unless otherwise directed by a police officer or other authorized person directing traffic, and except as provided in Sections 11.13.02.517 and 11.13.02.520 for emergency vehicles.
B. A provision of this chapter for which official traffic-control devices are required may not be enforced against an alleged violator if, at the time and place of the alleged violation, an official traffic-control device is not operable or is not in a position which is sufficiently visible and legible so as to be observed by a reasonably observant person.
C. When official traffic-control devices are placed in position and displayed pursuant to the requirements of this chapter, the devices are presumed to have been placed and displayed by an official act or direction of lawful authority, and are presumed to comply with the requirements and provisions of this chapter unless the contrary is established by competent evidence.
(Ord. 84-597 § 4(E) (part), (F) (part), 1984.)
11.13.02.010 Traffic-control signal legend.
A. When traffic is controlled by an official traffic-control signal displaying colored lights or lighted arrows, only green, red, and yellow may be used, except for a special pedestrian signal carrying a word legend. The lights indicate and apply to drivers of vehicles and pedestrians as follows:
1. Green indication:
a. Vehicular traffic facing a circular green signal may proceed through or turn right or left, unless a sign at the location prohibits the turn; vehicular traffic, including vehicles turning right or left, must yield the right-of-way to other vehicles and to pedestrians lawfully within the intersection or an adjacent crosswalk at the time the signal is exhibited,
b. Vehicular traffic facing a green arrow signal may cautiously enter the intersection to make the movement indicated by the arrow, or other movement permitted by other indications shown at the same time; vehicular traffic must yield the right-of-way to pedestrians within an adjacent crosswalk and to other traffic lawfully using the intersection; display of a green arrow signal indicates that the movement indicated by the arrow is not impeded by oncoming traffic,
c. Unless otherwise directed by a pedestrian-control signal, as provided in Section 11.13.02.015, pedestrians facing a green signal, except when the green signal is a turn arrow, may proceed across the roadway within a marked or unmarked crosswalk;
2. Steady yellow indication:
a. Vehicular traffic facing a steady yellow signal is warned that the movement allowed under subsection A(1) of this section is being terminated and that a red indication will be exhibited immediately following the yellow indication,
b. Pedestrians facing a steady circular yellow or yellow arrow signal, unless otherwise directed by a pedestrian-control signal as provided in Section 11.13.02.015, may not start to cross the roadway, as there is insufficient time to cross before a red indication will be exhibited;
3. Steady red indication:
a. Vehicular traffic facing a steady circular red signal may not enter the intersection and must stop at a clearly marked stop line or, if none, before entering the crosswalk on the near side of the intersection or, if none, before entering the intersection; vehicular traffic must remain standing until an indication to proceed is shown, except as provided in subsection A(3)(b) of this section,
b. A driver of a vehicle who has stopped as provided in subsection A(3)(a) of this section may, after stopping, cautiously proceed to turn right or left from the lawful lane for the turn, except that no person may turn left onto a two-way street when facing a steady red indication; these movements are not allowed if an official traffic-control device prohibits them or directs the driver’s attention to a green arrow signal which controls these movements; vehicular traffic making such a turn must yield the right-of-way to another vehicle or to a pedestrian lawfully within the intersection or an adjacent crosswalk at the time the signal is exhibited,
c. Vehicular traffic facing a steady red arrow indication may not enter the intersection to make the movement indicated by the arrow and, unless entering the intersection to make a movement permitted by another indication, must stop at a clearly marked stop line or, if none, before entering the crosswalk on the near side of the intersection or, if none, before entering the intersection, and must remain standing until an indication permitting the movement indicated by the red arrow is shown,
d. Unless otherwise directed by a pedestrian-control signal as provided in Section 11.13.02.015, no pedestrian facing a steady circular red or red arrow signal may enter the roadway.
B. If an official traffic-control signal is maintained at a place other than an intersection, the provisions of this section are applicable to the signal, except as to those provisions which by nature have no application. A required stop must be made at a sign or marking on the pavement indicating where the stop must be made or, if none, the stop must be made at the signal.
(Ord. 84-597 § 4(E)(part), (F)(part), 1984.)
11.13.02.015 Pedestrian-control signals.
When a pedestrian-control signal exhibiting the words “walk” or “don’t walk” is in place, the signal indicates as follows:
A. “Walk.” A pedestrian facing this signal may proceed across the roadway in the direction of the signal, and every driver must yield the right-of-way to the pedestrian;
B. “Don’t walk.” No pedestrian may start to cross the roadway in the direction of this signal; a pedestrian who has partially completed his crossing on the “walk” signal shall proceed to a sidewalk or safety island while the “don’t walk” signal is showing.
(Ord. 84-597 § 4(E) (part), (F) (part), 1984.)
11.13.02.020 Flashing signals.
A. A flashing red or yellow light which appears in a traffic signal or a traffic sign requires obedience by vehicular traffic as follows:
1. Flashing Red (Stop Signal). When a red lens is lighted with rapid intermittent flashes, drivers of vehicles must stop at a clearly marked stop line or, if none, before entering the crosswalk on the near side of the intersection or, if none, then at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway before entering it; the right to proceed is subject to the rules applicable after making a stop at a stop sign;
2. Flashing Yellow (Caution Signal). When a yellow lens is lighted with rapid intermittent flashes, drivers of vehicles may proceed cautiously through the intersection or past the yellow signal.
B. This section does not apply at railroad grade crossings where the conduct of drivers is prescribed in 13 AAC 02.240–255.
(Ord. 84-597 § 4(E) (part), (F) (part), 1984.)
11.13.02.030 Display of unauthorized signs, signals, or markings.
A. No person may place, maintain, or display upon or in view of a highway a sign, signal, marking, light, or other device which purports to be or resembles an official traffic-control device or railroad sign or signal, or which attempts to direct the movement of traffic, conceals or interferes with the effectiveness of an official traffic-control device or a railroad sign or signal, or dazzles, blinds or otherwise interferes with the vision of a driver.
B. A sign, display, or device placed, maintained, or displayed upon or in view of a highway must conform to the requirements of AS 19.25.080 – 19.25.180.
(Ord. 84-597 § 4(E) (part), (F) (part), 1984.)
11.13.02.050 Driving on right side of roadway—Exceptions and special situations.
A. Upon a roadway of sufficient width, a vehicle must be driven upon the right half of the roadway, except as follows:
1. When overtaking and passing another vehicle proceeding in the same direction, or when preparing for a left turn at an intersection or into an alley, private road or driveway;
2. When traveling upon a roadway marked or divided as provided by 13 AAC 02.025 and Sections 11.13.02.085 and 11.13.02.095, or upon a roadway restricted to one-way traffic; or
3. When an obstruction exists making it necessary to drive to the left of the center of the highway; a driver must yield the right-of-way to all vehicles traveling in the opposite direction upon the unobstructed portion of the highway.
B. Upon all roadways, a vehicle proceeding at less than the maximum authorized speed of traffic must be driven as close as practicable to the right-hand curb or edge of the roadway, except when overtaking and passing another vehicle proceeding in the same direction or when preparing for a left turn at an intersection or into an alley, private road or driveway. However, on a two-lane highway outside an urban area where passing is unsafe because of oncoming traffic or other conditions, the driver of a motor vehicle proceeding at less than the maximum authorized speed of traffic and behind whom five or more vehicles are formed in a line shall turn off the roadway at the nearest place designated as a turnout or wherever sufficient area for a safe turnout exists in order to permit following vehicles to pass.
(Ord. 84-597 § 4(E) (part), (F) (part), 1984.)
11.13.02.055 Passing on right.
A. The driver of a vehicle may overtake and pass on the right of another vehicle only under conditions permitting the movement in safety, and
1. When the vehicle overtaken is making, or is about to make, a left turn from a lane to the left of the overtaking vehicle, or is stopped or disabled; or
2. When the vehicles are traveling upon an unobstructed roadway of sufficient width for two or more lines of vehicles, moving lawfully in the direction of the overtaking vehicle.
B. No vehicle overtaking another vehicle on the right may return to its original lane until clear of the overtaken vehicle.
(Ord. 84-597 § 4(E) (part), (F) (part), 1984.)
11.13.02.060 Limitations on driving left of center.
A. No vehicle may be driven on the left side of a roadway under the following conditions:
1. When approaching or upon the crest of a grade or a curve in a highway where the driver’s view is obstructed for a distance which creates a hazard if another vehicle is approaching from the opposite direction;
2. Within one hundred feet of or traversing an intersection or railroad grade crossing; or
3. When the view is obstructed upon approaching within one hundred feet of a bridge, viaduct, or tunnel.
B. The provisions in subsection A of this section do not apply to vehicles on a one-way roadway, or under the conditions described in Section 11.13.02.050A(3), or to the driver of a vehicle turning left from an alley, private road or driveway.
(Ord. 84-597 § 4(E) (part), (F) (part), 1984.)
11.13.02.065 Overtaking a vehicle on the left—Limitations.
A. Except as provided in Section 11.13.02.055, the driver of a vehicle overtaking another vehicle proceeding in the same direction shall pass to the left of the overtaken vehicle at a safe distance, and may not return to its right lane until safely clear of the overtaken vehicle. Upon audible signal, the driver of the overtaken vehicle shall give way to the right in favor of the overtaking vehicle. If the driver of the overtaking vehicle must perform the passing maneuver in a lane reserved for oncoming traffic, the driver of the overtaken vehicle may not increase the speed of his vehicle until the overtaking vehicle has passed and driven back to the right side of the roadway.
B. No vehicle may be driven to the left side of the center of a roadway in overtaking and passing another vehicle proceeding in the same direction unless authorized by this chapter and unless the left side of the roadway is clearly visible and free of oncoming traffic for a sufficient distance ahead to permit the overtaking and passing to be completed without interfering with the flow of traffic approaching from the opposite direction or with a vehicle overtaken. The overtaking vehicle shall return to an authorized lane of travel as soon as practicable and, if the passing movement involves the use of a lane authorized for vehicles approaching from the opposite direction, before coming within two hundred feet of an approaching vehicle.
(Ord. 84-597 § 4(E) (part), (F) (part), 1984.)
11.13.02.070 Passing vehicles proceeding in opposite directions.
Drivers of vehicles proceeding in opposite directions shall pass each other to the right; and upon a roadway having width for not more than one line of traffic in each direction, each driver shall give to the other at least one-half of the roadway as nearly as possible. (Ord. 84-597 § 4(E) (part), (F) (part), 1984.)
11.13.02.075 No-passing zones.
B. Where an official traffic-control device is in place to define a no-passing zone, no driver may drive on the left side of the roadway within the no-passing zone or on the left side of the solid yellow striping designed to mark the no-passing zone.
C. This section does not apply to a roadway restricted to one-way traffic or to a driver of a vehicle turning left into or from an alley, private road or driveway, unless an official traffic-control device specifically prohibits the turn.
(Ord. 84-597 § 4(E) (part), (F) (part), 1984.)
11.13.02.080 One-way roadways and rotary traffic islands.
A. When the Department of Transportation and Public Facilities or a municipality, with respect to highways under their jurisdictions, designates a highway, roadway, part of a roadway, or specific lanes for one-way traffic, it must erect traffic-control devices giving notice of the one-way traffic lane or lanes.
B. Upon a roadway designated for one-way traffic, a vehicle must be driven only in the direction designated by the traffic-control device.
C. A vehicle passing around a rotary traffic island shall be driven to the right of the island.
(Ord. 84-597 § 4(E) (part), (F) (part), 1984.)
11.13.02.085 Driving on roadways laned for traffic.
A. A vehicle must be driven as nearly as practicable within a single lane, and may not be moved from that lane until the driver has first ascertained that the movement can be made with safety.
B. Upon a roadway which is divided into three lanes and provides for two-way movement of traffic, no vehicle may be driven in the center lane, except when overtaking and passing another vehicle traveling in the same direction when the center lane is clear of traffic for a safe distance, in preparation for making or completing a left turn, or where the center lane is at the time allocated exclusively to traffic moving in the direction that the vehicle is proceeding.
(Ord. 84-597 § 4(E) (part), (F) (part), 1984.)
11.13.02.090 Following too closely.
A. A driver of a motor vehicle may not follow another vehicle more closely than is reasonable and prudent, having regard for the speed of the vehicles, the traffic upon the roadway, and the condition of the roadway.
B. A driver of a motor vehicle towing another vehicle, when traveling upon a roadway outside a business or residence district, and which is following another motor vehicle which is also towing another vehicle shall, when conditions permit, leave sufficient space between his vehicle and the vehicle being towed in front of him so that an overtaking vehicle may enter and occupy the space without danger. This does not prevent a motor vehicle towing another vehicle from overtaking and passing a like vehicle or other vehicle.
C. A motor vehicle being driven upon a roadway outside a business or residence district in a caravan or motorcade, whether or not towing another, must be operated so as to allow sufficient space between each vehicle or combination of vehicles to enable another vehicle to enter and occupy the space without danger. This provision does not apply to a funeral procession.
(Ord. 84-597 § 4(E) (part), (F) (part), 1984.)
11.13.02.095 Use of divided and controlled- access highways—Restrictions.
A. When a highway has been divided into two or more roadways by an intervening space, physical barrier, or clearly indicated dividing section constructed to impede vehicular traffic, every vehicle must be driven on the right-hand roadway unless directed or permitted to use another roadway by an official traffic-control device, police officer, fireman or authorized flagman. No vehicle may be driven over, across, or within the dividing space, barrier, or section, except through an opening or at an established crossover or intersection, unless specifically directed to do so by state or local authority.
B. When the Department of Transportation and Public Facilities or a municipality, with respect to a controlled-access highway under its jurisdiction, prohibits or limits the use of the highway to certain types of vehicles or traffic, it must erect and maintain signs on the highway notifying drivers of the limitations.
C. A person may drive a vehicle onto or from a controlled-access roadway only at entrances and exits established by public authority.
(Ord. 84-597 § 4(E) (part), (F) (part), 1984.)
11.13.02.107 Driving on mountain highways.
A driver of a motor vehicle traveling on mountain roadways or through canyons or other terrain in which the roadway is narrow and winding, or visibility is restricted, shall drive his vehicle as near the right-hand edge of the roadway as is reasonably practicable. The driver may give audible warning with the horn when approaching the crest of a grade or curve where the view is obstructed for a distance of two hundred feet along the roadway as measured from the front of his vehicle, if the driver believes that audible warning is reasonably necessary to assure safe operation. (Ord. 84-597 § 4(E) (part), (F) (part), 1984.)
11.13.02.120 Vehicle approaching or entering intersection.
A. When two vehicles enter or approach an intersection which is not controlled by an official traffic-control device, from different roadways at or approximately at the same time, the driver of the vehicle on the left shall yield the right-of-way to the vehicle on the right except as otherwise provided in this section.
B. A driver having stopped and yielded may proceed when a safe interval occurs and when other traffic in or near the intersection does not constitute an immediate hazard and while exercising caution, irrespective of the “vehicle on the right” rule stated in subsection A of this section. When so proceeding, other vehicles approaching or at the intersection must yield.
C. The right-of-way rules in subsections A and B of this section do not apply if the approach or entrance of a vehicle into an intersection is otherwise covered by traffic regulations.
(Ord. 84-597 § 4(E) (part), (F) (part), 1984.)
11.13.02.125 Vehicle turning left.
The driver of a vehicle intending to turn left at an intersection or into an alley, private road or driveway shall yield the right-of-way to a vehicle approaching from the opposite direction which is within the intersection or is so close as to constitute an immediate hazard. (Ord. 84-597 § 4(E) (part), (F) (part), 1984.)
11.13.02.130 Stop signs and yield signs.
B. Except when directed to proceed by a police officer, fireman, or authorized flagman, a driver of a vehicle approaching a stop sign shall stop at a clearly marked stop line or, if none, before entering the crosswalk on the rear side of the intersection or, if none, at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway before entering it. After having stopped, a driver shall yield the right-of-way to a vehicle in the intersection or approaching on another roadway so closely as to constitute an immediate hazard.
C. The driver of a vehicle approaching a yield sign shall slow to a speed reasonable for the existing conditions and, if required for safety, stop as required in subsection B of this section. After slowing or stopping, the driver shall yield the right-of-way as provided in subsection B of this section.
(Ord. 84-597 § 4(E) (part), (F) (part), 1984.)
11.13.02.135 Vehicle entering roadway.
B. The driver of a vehicle about to enter or cross a roadway from a place other than another roadway shall yield the right-of-way to all vehicles approaching on the roadway so closely as to constitute an immediate hazard.
(Ord. 84-597 § 4(E) (part), (F) (part), 1984.)
11.13.02.140 Driving of vehicles on approach of authorized emergency vehicles.
A. Upon the approach of an authorized emergency vehicle making use of a visual signal meeting the requirements of Section 11.13.04.090 and audible signals meeting the requirements of Section 11.13.04.210D, or a police vehicle making use of either a visual or an audible signal, the driver of every vehicle proceeding in any direction shall yield the right-of-way by slowing, stopping, changing lanes, or pulling to the right-hand edge of the roadway clear of an intersection to await passage of the emergency vehicle.
B. Except for a driver of an authorized emergency vehicle responding to an emergency, a driver of a vehicle shall yield the right-of-way as provided in subsection A of this section to a vehicle displaying a flashing blue light as prescribed in Section 11.13.04.100. The vehicle displaying a flashing blue light shall yield the right-of-way to an authorized emergency vehicle which is responding to an emergency.
C. The provisions of this section do not relieve the driver of an authorized emergency vehicle or a vehicle displaying a flashing blue light from the duty to drive with regard for the safety of all persons using the highways. (Ord. 84-597 § 4(E) (part), (F) (part), 1984.)
11.13.02.150 Pedestrian obedience to traffic-control devices and traffic regulations.
A. Pedestrians must comply with traffic and pedestrian-control signals as provided in Sections 11.13.04.010 and 11.13.04.015 and are subject to the applicable restrictions in this chapter.
B. No pedestrian may enter or remain upon a bridge or its approach beyond the bridge signal, gate, or barrier after a bridge-operations signal indication has been given; nor may a pedestrian pass through, around, over, or under a crossing gate or barrier at a railroad grade crossing or bridge while the gate or barrier is closed or is being opened or closed.
(Ord. 84-597 § 4(E) (part), (F) (part), 1984.)
11.13.02.160 Crossing at other than crosswalks.
A. A pedestrian crossing a roadway at a point other than within a marked crosswalk or within an unmarked crosswalk at an intersection shall yield the right-of-way to all vehicles upon the roadway, except as provided in Section 11.13.02.260D.
B. No pedestrian may cross a roadway at a point where a pedestrian tunnel or overhead pedestrian crossing has been provided and which is accessible at road level at or near the point of crossing, unless a marked crosswalk is also provided at that point. If a pedestrian overpass or tunnel is not accessible and if no marked crosswalk is provided, a pedestrian crossing the roadway must yield the right-of-way to all vehicles on the roadway which are so close as to constitute a hazard.
C. Between adjacent intersections in a business or residence district in which traffic-control signals are in operation, no pedestrian may cross except in a marked crosswalk.
D. No pedestrian may cross a roadway intersection diagonally or otherwise than at a right angle unless authorized by an official traffic-control device. When authorized to cross diagonally, pedestrians must cross in accordance with the official traffic-control device.
E. No pedestrian may cross a roadway where an official traffic-control device specifically prohibits the crossing.
F. Except as provided in subsection D of this section, a pedestrian must cross a roadway at a right angle to the roadway or by the shortest route to the opposite side of the roadway.
(Ord. 84-597 § 4(E) (part), (F) (part), 1984.)
11.13.02.175 Pedestrians on highways.
A. Where a sidewalk is provided and its use is practicable, a pedestrian may not walk upon an adjacent roadway except when crossing the roadway.
B. Where a sidewalk is not available, a pedestrian walking upon a highway shall walk on a shoulder as far as practicable from the edge of the roadway. Where neither a sidewalk nor a shoulder is available, a pedestrian walking on a highway shall walk as near as practicable to the outside edge of the highway and, if walking along a two-way roadway, shall walk only on the left side of the roadway. No pedestrian may walk on a controlled-access highway except in an emergency.
D. No pedestrian may be upon or along a roadway in such a manner as to create an unreasonable risk of danger to himself or interfere with the normal flow of traffic.
E. No pedestrian may sleep or loiter upon a highway or, without lawful permit, obstruct free passage upon a highway.
(Ord. 84-597 § 4(E) (part), (F) (part), 1984.)
11.13.02.180 Pedestrians soliciting rides or business.
No person may solicit a ride in a manner which distracts a driver’s attention, nor may a pedestrian upon a highway solicit employment, business, or contributions from the occupant of a vehicle. (Ord. 84-597 § 4(E) (part), (F) (part), 1984.)
11.13.02.190 Blind pedestrian devices and right-of-way.
A. Every driver of a vehicle shall yield the right-of-way to a blind pedestrian carrying a visible white cane or accompanied by a guide dog.
B. A person who is not legally blind may not use a white cane or guide dog for the purpose of securing the right-of-way provided by this section.
(Ord. 84-597 § 4(E) (part), (F) (part), 1984.)
11.13.02.195 Pedestrians yield to authorized emergency vehicles.
A. A pedestrian shall yield the right-of-way upon the approach of an authorized emergency vehicle making use of an audible signal as provided in Section 11.13.04.210D, or a visual signal as provided in Section 11.13.04.090 or upon the approach of a vehicle making use of a flashing blue light as provided in Section 11.13.04.100.
B. This section does not relieve the driver of an authorized emergency vehicle or a vehicle displaying a flashing blue light from the duty to exercise care to avoid colliding with a pedestrian.
(Ord. 84-597 § 4(E) (part), (F) (part), 1984.)
11.13.02.200 Required position and method of turning.
A. Right Turns. Except as provided in subsection C of this section, both the approach for a right turn, and a right turn, must be made as close as practicable to the right-hand curb or edge of the roadway.
B. Left Turns.
1. The driver of a vehicle intending to turn left shall approach and make the turn from the extreme left-hand lane lawfully available to traffic moving in the direction of travel of the vehicle. Unless conditions prevail which necessitate other action to assure safety, a vehicle turning to the left must proceed into the extreme left-hand lane lawfully available to traffic moving in the same direction as the vehicle on the roadway being entered.
2. Where a special lane for making left turns by drivers proceeding in opposite directions has been indicated by official traffic-control devices:
a. A left turn may not be made from any other lane;
b. A vehicle may not be driven in the lane except when preparing for or making a left turn from or into a roadway or when preparing for or making a U-turn when permitted by law.
C. When the Department of Transportation and Public Facilities or a municipality, in their respective jurisdictions, places an official traffic-control device within or adjacent to an intersection which requires that a different course from that specified in this section be traveled by a vehicle turning at an intersection, no driver may turn a vehicle at an intersection other than as directed by the device.
(Ord. 84-597 § 4(E) (part), (F) (part), 1984.)
11.13.02.205 Limitations on turning.
A. The driver of a vehicle may not turn a vehicle so as to proceed in the opposite direction unless the turn can be made safely and without interfering with other traffic.
B. No vehicle may be turned so as to proceed in the opposite direction in a business district, upon a curve, or upon approach to or near the crest of a grade, where the vehicle cannot be seen by the driver of another vehicle approaching from either direction within five hundred feet.
(Ord. 84-597 § 4(E) (part), (F) (part), 1984.)
11.13.02.210 Starting parked vehicle.
A. No person may move onto a roadway a vehicle which is stopped, standing, or parked until the movement can be made with reasonable safety.
(Ord. 84-597 § 4(E) (part), (F) (part), 1984.)
11.13.02.215 Turning movements and required signals.
A. No person may turn a vehicle or move right or left upon, onto, or off a roadway without giving an appropriate signal in the manner provided in this section and it otherwise appears reasonably safe to make the movement.
B. A signal of intention to turn or move right or left when required must be given continuously during the last one hundred feet traveled by the vehicle before turning, except as provided in Section 11.13.02.400F, and must be discontinued as soon as practicable after completing the turn.
C. No person may stop or suddenly decrease the speed of a vehicle without first giving an appropriate signal in the manner provided in this section to the driver of a vehicle immediately to the rear when there is opportunity to give the signal.
D. The signals required under subsection F of this section may be used only to indicate an intention to turn, change lanes, or start from a parked position, and may not be flashed on one side only on a disabled vehicle, flashed as a courtesy or “do pass” signal to drivers of other vehicles approaching from the rear, or be flashed on one side only of a parked vehicle except as may be necessary for compliance with this section.
F. A stop or turn signal when required shall be given either by means of hand and arm or by signal lights, except that a driver of a motor vehicle equipped with signal lights as required in Section 11.13.04.037 shall give the required signals by signal lights. All required signals given by hand and arm must be given from the left side of the vehicle and must indicate as follows:
1. Left Turn. Left hand and arm extended horizontally;
2. Right Turn. Left hand and arm extended upward; and
3. Stop or Decreased Speed. Left hand and arm extended downward.
(Ord. 84-597 § 4(E) (part), (F) (part), 1984.)
11.13.02.257 Emerging from alley, driveway, or building.
The driver of a vehicle emerging from an alley, building, private road, or driveway shall stop the vehicle immediately prior to driving onto a sidewalk or onto the sidewalk area extending across the alley, building entrance, road, or driveway. If there is no sidewalk area, the driver shall stop at a point nearest the street to be entered where he has a view of approaching traffic on the street. If the driver’s vision is restricted by buildings, parked vehicles, weather, or other conditions, he shall give warning with the horn of the vehicle after stopping and before proceeding. (Ord. 84-597 § 4(E) (part), (F) (part), 1984.)
11.13.02.260 Overtaking and passing school bus.
A. The driver of a vehicle that approaches a stopped school bus from any direction on a highway, vehicular way or area, shall stop not less than thirty feet from the school bus before reaching it, when there are in operation on the school bus flashing red lights as required by regulation. The driver may not proceed until the school bus proceeds and the flashing lights are no longer illuminated.
C. The driver of a vehicle upon a highway with separate roadways need not stop upon meeting or passing a school bus which is on a different roadway, or when upon a controlled-access highway and the school bus is stopped off the roadway in a loading zone which is part of, or adjacent to, the controlled-access highway and where pedestrians are not permitted to cross the roadway.
D. When a school bus is stopped on a highway or vehicular way or area, whether or not there are in operation on the school bus flashing red lights as required by regulation, the driver of a vehicle shall yield the right-of-way to a person crossing a highway, vehicular way or area to embark on or disembark from the school bus, whether or not the person is crossing within a marked crosswalk.
E. A vehicle owner, or in the case of a leased vehicle, a lessee, is guilty of an infraction as described in AS 28.40.050d and may be punished by a fine not to exceed one hundred dollars if the vehicle owned or leased by the person is operated in violation of this section. The owner or lessee may not be penalized if the vehicle is stolen, or the driver of the vehicle was convicted under subsection D of this section. This subsection does not apply to a lessor of a vehicle if the lessor keeps a record of the name and address of the lessee. A violation of this section may not result in the loss of a driver’s license or privilege to drive. It does not constitute grounds for assessment of demerit points under AS 28.15.221–AS 28.15.261. This subsection does not prohibit or limit the prosecution of a vehicle driver for violating subsections A or B of this section.
(Ord. 93-1222 §§ 4(A), (B), 1993; Ord. 89-864 § 4, 1989; Ord. 84-597 §§ 4(E) (part), (F) (part), 1984.)
11.13.02.265 Stop when traffic may be obstructed.
No driver may enter an intersection or crosswalk, or drive onto a railroad grade crossing unless there is sufficient space on the other side of the intersection, crosswalk or railroad grade crossing to accommodate the vehicle he is driving without obstructing the passage of other vehicles, pedestrians, or railroad trains, notwithstanding a traffic-control signal indication to proceed. (Ord. 84-597 § 4(E) (part), (F) (part), 1984).
11.13.02.295 Minimum speed regulation.
A. No person may drive a motor vehicle so slowly as to impede the normal and reasonable movement of traffic, except when reduced speed is necessary for safe operation or in compliance with statutes, regulations, or ordinances.
B. When the Department of Transportation and Public Facilities, or a municipality, in their respective jurisdictions, determines under 13 AAC 02.280 that slow speeds on a highway or part of a highway unreasonably impede the normal movement of traffic, the respective authority may determine a minimum speed limit not in excess of fifty-five miles per hour for the highway or part of a highway below which no person may drive a vehicle, except when necessary as prescribed in subsection A of this section. The limit is effective when posted on fixed or variable signs.
(Ord. 84-597 § 4(E) (part), (F) (part), 1984.)
11.13.02.325 Special speed limitations.
A. No person may drive a motor-driven cycle when lights are required to be turned on as prescribed under Section 11.13.04.010 at a speed greater than allowed by the intensity of the headlights as provided by Section 11.13.04.320.
B. No person may drive a vehicle which is towing a mobile home at a speed greater than forty-five miles per hour.
C. No person may drive a vehicle equipped with lighted headlights described in Section 11.13.04.020G at a speed greater than twenty miles per hour.
D. No person may drive a vehicle at a speed in excess of twenty miles per hour when passing a marked public school or playground crosswalk that is posted with an official school, school crossing or speed- control sign. The speed zone at the crosswalk extends three hundred feet in either direction from the marked crosswalk.
E. No person may drive a vehicle passing a school bus displaying alternately flashing yellow lights as provided in Section 11.13.04.097B at a speed greater than twenty miles per hour.
F. No person may drive a vehicle or a combination of vehicles over a bridge or other elevated structure or through a tunnel or underpass constituting a part of a highway, ferry facility or city street at a rate of speed or with a gross weight or of a size which is greater than the maximum speed or maximum weight or size designated by an official traffic-control device.
(Ord. 84-597 § 4(E) (part), (F) (part), 1984.)
11.13.02.330 Racing on highways.
A. No person may participate in a race between motor vehicles upon a public highway, except as provided in AS 05.35.
B. As used in this section, “race” means the use of one or more vehicles in attempting to outgain or outdistance another vehicle or while comparing or contesting relative speeds or powers of acceleration of the vehicles over a specified or unspecified distance or route, whether or not the speed exceeds the maximum prescribed by law.
(Ord. 84-597 § 4(E) (part), (F) (part), 1984.)
11.13.02.340 Stopping, standing, or parking on highway and in other locations.
A. No person may stop, park or leave standing a vehicle, whether attended or unattended, upon or within eight feet of a roadway, except where the roadway is of sufficient width and design to allow parking without interfering with the normal flow of traffic or with snow removal or other highway maintenance, and where the parking, stopping or standing is not prohibited by an official traffic-control device.
B. This section and Section 11.13.02.365 do not apply to the driver of a vehicle performing an official duty which requires stopping, standing or parking upon or within eight feet of a roadway or to the driver of a vehicle which is disabled in a manner and to an extent that it is impossible to avoid stopping and temporarily leaving the vehicle upon or within eight feet of a roadway. The driver of a disabled vehicle shall comply with the requirements of Section 11.13.02.345 of this chapter.
C. A vehicle that is stopped, parked, or standing in violation of a statute, regulation, or ordinance, is considered to have been stopped, parked or left standing by the registered owner of the vehicle unless the registered owner is able to prove that at the time of the violation the vehicle was driven or parked without his consent.
D. Except when necessary to avoid conflict with other traffic, or to comply with statutes, regulations or ordinances, the directions of a police officer, fireman, authorized flagman, or official traffic-control device, no person may:
1. Stop, stand or park a vehicle:
a. On the roadway side of a vehicle stopped or parked at the edge or curb of a street;
b. On a sidewalk;
c. Within an intersection;
d. Within a crosswalk;
e. Between a safety zone and the adjacent curb or within thirty feet of points on the curb immediately opposite the ends of a safety zone, unless a different length is indicated by signs or markings;
f. Alongside or opposite a street excavation or obstruction when stopping, standing, or parking would obstruct traffic;
g. Upon a bridge or other elevated structure upon a highway or within a highway tunnel;
h. On a railroad track;
i. On a controlled-access highway;
j. In the area between roadways of a divided highway, including crossovers; or
k. At a place where official traffic-control devices prohibit stopping;
2. Stand or park a vehicle, whether occupied or not, except momentarily to pick up or discharge a passenger or passengers:
a. In front of a public or private driveway;
b. On private property without the consent of the owner or person in control of the property;
c. In an alley in a business district where no parking spaces are provided, except for the expeditious loading or unloading of freight, materials or passengers, or in a manner or under conditions which leaves less than ten feet of the width of the alley for the movement of vehicular traffic or in a position which blocks the driveway entrance to abutting property;
d. Within fifteen feet of a fire hydrant;
e. Within twenty feet of a crosswalk at an intersection;
f. Within thirty feet on the approach side of a flashing signal, stop sign, yield sign, or traffic-control signal located at the side of a roadway;
g. Within twenty feet of the driveway entrance to a fire station or within the area directly across the street from the entrance to a fire station, if the distance from the driveway entrance of the station to the opposite side of the street or roadway or opposite curb is less than seventy-five feet; or
h. At a place where an official traffic-control device prohibits standing;
3. Park a vehicle:
a. Within fifty feet of the nearest rail of a railroad crossing; or
b. At a place where official traffic-control devices prohibit parking.
(Ord. 84-597 § 4(E) (part), (F) (part), 1984).
11.13.02.345 Officers authorized to remove vehicles.
A. If a vehicle is in violation of the provisions of Sections 11.13.02.340, 11.40.230, 11.13.02.367 and 11.13.02.372, or is left on a roadway or under circumstances which obstruct the normal movement of traffic, a police officer may move the vehicle, or require the driver or other person in charge of the vehicle to move the vehicle to a position off the roadway or to a safe place on the roadway.
B. A police officer may impound and remove to a place of safety a vehicle which:
1. Is found in the state and which has been previously reported stolen or taken without the owner’s consent;
2. Is found or operated on a highway or ferry facility without license plates or other evidence of registration or which evidence is false with respect to that vehicle; or
3. Is found or presumed to be abandoned as provided in AS 28.11.020, except that a vehicle is not considered abandoned if left standing or parked in excess of the time specified in AS 28.11.020 when the owner or driver of the vehicle has given notice to a municipal police department,
if the vehicle is located within a municipality, or to the nearest office of the Alaska State Troopers, specifying the circumstances which require standing or parking in excess of the time specified in AS 28.11.020, and the provisions the owner or driver is making to remove the vehicle.
C. When a police officer arrests and detains the driver of a motor vehicle, the officer shall impound and remove the vehicle to a place of safety; however, the officer shall inform the driver that he may elect to have another immediately available person, who is legally licensed to drive a motor vehicle, drive or otherwise remove the vehicle as the driver directs. The driver may designate the nearest available garage or tow car operator of his choosing to remove the vehicle. If the driver does not so indicate, the officer shall make the arrangements necessary to remove the vehicle.
D. When a vehicle is impounded and removed from a highway or elsewhere at the direction of a police officer, the vehicle shall be removed to a place of safety. The owner or driver may claim the vehicle by securing a written release for it from the police officer or agency ordering its removal. A vehicle legally removed or impounded may not be released to the owner, nor may the owner secure its use until the release for it is certified by the officer or agency directing its removal. The expense for the removal and storage must be paid by the owner or driver of the vehicle.
(Ord. 84-597 § 4(E) (part), (F) (part), 1984.)
11.13.02.367 Loading zones.
A. The Department of Transportation and Public Facilities, or a municipality, in their respective jurisdictions, may place and maintain signs, designating loading zones, under the provisions of this section.
B. No person may designate or erect a sign indicating a loading zone, passenger loading zone or a no-parking area unless he makes application to the proper authority for a special permit for the zone. A copy of the permit may be required to be displayed in the windshield or window of the vehicle lawfully using the zone during times of loading. If appropriate, the applicant shall also apply for a parking meter hood or for two signs indicating the area of the zone and stating the hours during which the provisions of this section are applicable. The authority issuing the permit may collect from the applicant a reasonable fee for the signs and may impose conditions on the use of the signs. Every permit shall expire at the end of one year.
C. It is unlawful for a person issued a permit under subsection A of this section or any other person to violate the terms or conditions of the permit.
D. No person may stop, stand, or park a vehicle for any purpose or length of time other than for the expeditious loading and unloading of passengers or property in a place marked as a loading or passenger loading zone during the hours when the provisions applicable to the zone are in effect. A stop for loading or unloading of passengers may not exceed three minutes; and a stop for loading or unloading of property may not exceed thirty minutes. A stop may not interfere with a vehicle waiting to enter or about to enter the zone for loading or unloading of passengers or property as specified in a permit issued under this section.
(Ord. 84-597 § 4(E) (part), (F) (part), 1984.)
11.13.02.372 Public carrier stops.
A. The Department of Transportation and Public Facilities or a municipality, in their respective jurisdictions, may establish bus stops or stands, taxicab stands and stands for other passenger common-carrier motor vehicles on the public streets in places which are convenient to the public. Every stand shall be designated by appropriate signs.
B. The driver of a bus stopped to load or unload passengers or baggage shall stop the bus in a position with the right front wheel of the vehicle not farther than eighteen inches from the edge of the roadway and the bus approximately parallel to the edge of the roadway.
C. The driver of a taxicab may not stand or park his vehicle on a street at a place other than in a designated taxicab stand, except the driver of a taxicab may stop temporarily in accordance with other stopping or parking regulations at a place for the purpose of expeditious loading or unloading of passengers.
D. A person who is not driving a bus or taxicab may not stop or stand in a designated bus stop or taxicab stand, except that the driver of a passenger vehicle may temporarily stop there while engaged in loading or unloading passengers, if the stop does not interfere with a bus or taxicab waiting to enter or about to enter the zone.
(Ord. 84-597 § 4(E) (part), (F) (part), 1984.)
11.13.02.385 Applicability of regulations to bicycles.
A. Every person operating bicycle upon a roadway has all the rights and is subject to all of the duties applicable to the driver of any other vehicle as set out in this chapter, in addition to special regulations in this section and Sections 11.13.02.395, 11.13.02.400 and 11.13.02.420, except as to those provisions of this chapter which by their nature have no application.
B. No person may violate the provisions of this section and Sections 11.13.02.395, 11.13.02.400 and 11.13.02.420. The parent or guardian of a child may not authorize or knowingly permit a child to violate a provision of this chapter.
C. When signs are erected indicating that no right, left or U-turn is permitted, no person operating a bicycle may disobey the direction of the sign unless first pulling to the extreme right or shoulder of the road, dismounting and making the turn as a pedestrian.
(Ord. 84-597 § 4(E) (part), (F) (part), 1984.)
11.13.02.395 Riding on bicycles and certain nonmotorized conveyances.
A. Persons operating unicycles, coasters, roller skates, skateboards, or similar devices are subject to all rules applying to the operation of bicycles as set forth in Sections 11.13.02.385, 11.13.02.395 and 11.13.02.400.
B. No person operating a bicycle upon a highway may carry a person other than the operator, unless the bicycle is equipped with a seat for the passenger, except that an adult rider may carry a child securely attached to his person in a backpack or sling.
C. No person operating a bicycle or other nonmotorized conveyance may attach, hold on by hand or otherwise secure the bicycle or conveyance or himself to another vehicle so as to be towed or pulled.
D. A person operating a bicycle upon a highway shall maintain control of the bicycle and shall at all times keep at least one hand upon the handlebars of the bicycle.
E. No person may operate a unicycle, coaster, roller skates, skateboard, or similar device:
1. Anywhere within the downtown area business area beginning with Katlian and Lincoln Streets, Lincoln to Barracks, Barracks to Seward, Seward to Lake, Lake to Harbor Drive, Harbor Drive to Harbor Drive Annex, Harbor Drive Annex to Lincoln Street, and to the point of beginning, nor may they operate such devices on Katlian Street between Halibut Point Road and Lincoln Street;
2. On any state highway including the paved shoulder;
3. Skateboards only are forbidden from operation in the Harrigan Centennial Hall parking lot and grounds, and the Harbor Drive Extension lightering facility.
F. A person riding a skateboard shall not cross the roadway except by dismounting and obeying all rules applicable to pedestrians.
(Ord. 97-1437 § 4, 1997; Ord. 89-863 §§ B, C, D, 1989; Ord. 84-597 § 4(E) (part), (F) (part), 1984.)
11.13.02.400 Riding bicycles on roadways and bicycle paths.
A. A person operating a bicycle upon a roadway shall ride as near to the right side of the roadway as practicable, and shall give way to the right as far as practicable to a motor vehicle proceeding in the same direction when the driver of the motor vehicle gives audible signal.
B. Persons riding bicycles on a roadway may not ride more than two abreast except on paths or parts of roadways set aside for the exclusive use of bicycles. Persons riding bicycles two abreast may not impede traffic and, in a laned roadway, shall ride within the farthest right lane.
C. When a shoulder of the highway is maintained in good condition, an operator of a bicycle shall use the shoulder of the roadway.
D. A person operating a bicycle on a trail, path, sidewalk, or sidewalk area shall:
1. Exercise care to avoid colliding with other persons or vehicles;
2. Give an audible signal before overtaking and passing a pedestrian; and
3. Yield the right-of-way to any pedestrian.
F. A person riding a bicycle intending to turn left shall, unless he dismounts and crosses as a pedestrian, comply with the provisions of Section 11.13.02.200. The operator of a bicycle must give a signal by hand and arm continuously during the last one hundred feet traveled unless the hand is needed in the control or operation of the bicycle. When stopped to await an opportunity to turn, a hand and arm signal must be given continuously by the operator.
G. No person may ride a bicycle upon a sidewalk in a business district or where prohibited by an official traffic-control device.
H. No bicycle race may be conducted upon a roadway, except as provided under AS 05.35.
(Ord. 84-597 § 4(E) (part), (F) (part), 1984.)
11.13.02.420 Parking of bicycles.
A. No person may park a bicycle on a street or sidewalk in a manner which obstructs pedestrian traffic or the parking and driving of motor vehicles.
B. No person may secure a bicycle to any of the following publicly owned facilities:
1. Fire hydrants;
2. Police and fire call boxes;
3. Electric traffic signal poles;
4. Stanchions or poles located within bus zones or stands;
5. Stanchions or poles located within twenty-five feet of an intersection; or
6. Trees under ten inches in diameter.
C. A bicycle parked on a highway must comply with the provisions of this chapter regulating the parking of vehicles.
(Ord. 84-597 § 4(E) (part), (F) (part), 1984.)
11.13.02.422 Applicability of regulations to motorcycles.
A person driving a motorcycle, a motor-driven cycle, or a motorized bicycle has the rights and is subject to the duties applicable to the driver of a vehicle under this chapter, in addition to special provisions in this section and Sections 11.13.02.425 and 11.13.02.427, except as to those provisions of this chapter which by their nature have no application. (Ord. 84-597 § 4(E) (part), (F) (part), 1984.)
11.13.02.425 Riding on motorcycles and motor-driven cycles.
A. A person driving a motorcycle or motor-driven cycle shall ride on the permanent seat attached to the motorcycle, astride the seat and facing forward.
B. No person driving a motorcycle or motor-driven cycle may carry another person, nor may another person ride on a motorcycle or motor-driven cycle, unless the vehicle has a permanent seat designed to carry more than one person and is firmly attached to the vehicle. No passenger may ride in a position that will interfere with the driving or control of a motorcycle or motor-driven cycle or the view of the driver.
C. A person driving a motorcycle or motor-driven cycle must keep both hands on the handlebars of the vehicle.
D. No person riding a motorcycle or motor-driven cycle may attach himself or the vehicle to another vehicle on the roadway, except as necessitated by an emergency or as designed by the manufacturer of the motorcycle for the attachment of a sidecar or other vehicle.
(Ord. 84-597 § 4(E) (part), (F) (part), 1984.)
11.13.02.427 Driving motorcycles and motor-driven cycles on roadways laned for traffic.
A. Motorcycles and motor-driven cycles may be driven upon a lane of a roadway, and no motor vehicle may be driven so as to deprive a motorcycle or motor-driven cycle of the full use of a lane. This provision does not apply to motorcycles or motor-driven cycles driven two abreast in a single lane by consent of both drivers; however, no motorcycles or motor-driven cycles may be driven more than two abreast in a single lane.
B. No driver of a motorcycle or motor-driven cycle may overtake and pass another vehicle in the same lane occupied by the vehicle being overtaken. A driver of a motorcycle or motor-driven cycle may not drive between adjacent lanes or lines of traffic, or between adjacent lines or rows of vehicles.
C. The provisions of this section do not apply to police officers in the performance of their official duties; however, this exception does not relieve the driver of a police vehicle from the duty to drive with regard for safety of all persons.
(Ord. 84-597 § 4(E) (part), (F) (part), 1984.)
11.13.02.430 Applicability of regulations— Parental responsibility.
A. No parent or guardian may authorize or knowingly permit a child to violate a provision of this section and Sections 11.13.02.445 and 11.13.02.455.
B. Every person operating a snowmobile or other off-highway vehicle upon a highway has the rights and is subject to the duties applicable to the driver of any other vehicle under this chapter, except as otherwise provided in this section and Sections 11.13.02.445 and 11.13.02.455, and except as to those provisions of this chapter which by their nature have no application.
(Ord. 84-597 § 4(E) (part), (F) (part), 1984.)
11.13.02.445 Riding on snowmobiles and other off-highway vehicles.
A person driving a snowmobile or other off-highway vehicle may ride only on a permanent seat attached to the vehicle; no snowmobile or other off-highway vehicle, when driven on a highway, may be used to carry persons other than the driver, unless the vehicle is designed and equipped with a seat for a passenger. (Ord. 84-597 § 4(E) (part), (F) (part), 1984.)
11.13.02.455 Operation on highways and other locations.
A. A snowmobile or an off-highway vehicle may be driven on a roadway or shoulder of a highway only under the following circumstances:
1. When crossing a highway as provided in subsection F of this section, or when traversing a bridge or culvert on a highway, but then only by driving at the extreme right-hand edge of the bridge or culvert and only when the traverse can be completed with safety and without interfering with other traffic on the highway;
2. When use of the highway by other motor vehicles is impossible because of snow or ice accumulation or other natural conditions or when the highway is posted or otherwise designated as being open to travel by off-highway vehicles;
3. When highway driving is authorized by an authority having jurisdiction over the highway, but only in accordance with restrictions which may be imposed by that authority with regard to highway use; or
4. When driven on the right-of-way of a highway which is not a controlled-access highway, outside the roadway or shoulder, and no closer than three feet from the nearest edge of the roadway; night driving may be only on the right-hand side of the highway and in the same direction as the highway motor vehicle traffic in the nearest lane of the roadway; no person may drive an off-highway vehicle within the area dividing the roadways of a divided highway, except to cross the highway as provided in subsection F of this section.
F. A snowmobile or an off-highway vehicle may make a direct crossing of a highway if:
1. The crossing is made approximately at a right angle to the highway and at a location where visibility along the highway in both directions is clear for a sufficient distance to assure safety, and the crossing can be completed safely and without interfering with other traffic on the highway; and
2. The vehicle is brought to a complete stop before crossing the shoulder or roadway, and the driver yields the right-of-way to all traffic on the highway.
G. No snowmobile or other off-highway vehicle may cross or travel on a sidewalk, a location intended for pedestrian or other nonmotorized traffic, an alley, or a vehicular way or area which is not open to snowmobile or off-highway vehicle operation, except as provided in subsection F of this section.
H. The standard penalty/bail amount for violation of this section shall be fifty dollars. The penalty/bail amount for each subsequent offense of this section shall double to a maximum amount of five hundred dollars. (Example: second offense is one hundred dollars, third offense is two hundred dollars, fourth offense is four hundred dollars).
I. ATVs operated on roadways, highways, and unauthorized private or public property shall be impounded. The violator shall be responsible for any impound fee. Impound fees must be paid prior to the release of any vehicle.
(Ord. 95-1306 § 4, 1995; Ord. 84-597 § 4(E)(part), (F)(part), 1984.)
11.13.02.480 Unattended motor vehicle.
No person driving or in charge of a motor vehicle may permit it to stand unattended by an adult person without first stopping the engine, placing the transmission in gear or in park position, locking the ignition, removing the key from the ignition and, if there is not a reasonable possibility of freezing, setting the brake. When standing upon a grade, a driver shall turn the front wheels toward the curb or near edge of the highway in such a manner that if the unattended vehicle should roll from its standing position, the movement will be in the direction toward the curb or near edge of the highway and away from the roadway. (Ord. 84-597 § 4(E)(part), (F)(part), 1984.)
11.13.02.482 Limited use of vehicular ways and areas.
A. No pedestrian, rider of a bicycle, or driver of a vehicle may travel on a vehicular way or area as defined in Section 11.13.40.010 when it is designated for use by a different mode of travel than that used by the pedestrian, rider of a bicycle, or driver of a vehicle.
B. A driver of a nonmotorized vehicle traveling upon a vehicular way or area shall, regardless of whether an official traffic-control device is present, yield the right-of-way m the manner specified in Section 11.13.02.130C to any traffic using a roadway, driveway, or vehicular way or area on which motor vehicle traffic is authorized.
(Ord. 84-597 § 4(E)(part), (F)(part), 1984.)
11.13.02.485 Limitations on backing.
A. The driver of a vehicle may not back the vehicle unless the movement can be made with safety and without interfering with other traffic.
B. The driver of a vehicle may not back the vehicle upon the roadway of a controlled-access highway or its entrance and exit ramps, except as may be directed by a police officer, a fireman, or an authorized flagman.
(Ord. 84-597 § 4(E)(part), (F)(part), 1984.)
11.13.02.487 Driving on sidewalk.
No person may drive a vehicle on a sidewalk or sidewalk area other than upon a permanent or temporary driveway, except as a municipality allows the riding of bicycles on sidewalks outside of a business district. (Ord. 84-597 § 4(E)(part), (F)(part), 1984.)
11.13.02.495 Riding in and on vehicles and towed objects—Boarding and alighting—Obstructing of driver’s view or driving mechanism.
A. No person may drive a vehicle when it is so loaded, or when there are in the front or driver’s seat more persons or objects than the number for which the seat was designed, so as to unreasonably obstruct the view of the driver to the front or sides of the vehicle or so as to interfere with the driver’s control over the driving mechanism of the vehicle.
C. No person may drive a vehicle when he has in his embrace, or holds in his hands, another person or any object in a manner which prevents the free and unhampered operation of the vehicle.
D. No person may open the door of a motor vehicle unless it is reasonably safe to do so, without interfering with the movement of other traffic. No person may leave a door of a vehicle open on the side of a parked vehicle so as to obstruct the movement of vehicular traffic. No person may enter or leave a vehicle when the vehicle is in motion.
E. No person may ride on an outside part of a vehicle traveling upon a highway unless that part is specifically designed to carry a passenger when the vehicle is in motion. No person may attach himself or a conveyance or other device to a vehicle for the purpose of riding or being towed.
F. No person may occupy a trailer or other object when it is being towed, unless the trailer or other object is specifically designed to transport passengers while it is being towed.
G. Subsections E and F of this section do not apply to an authorized emergency vehicle, to a vehicle used in construction and maintenance work on, along, or above a highway when the vehicle is actually engaged in the specified work, to a person riding in the open bed of a truck if he is seated on the bed or floor of the vehicle or upon a seat built below the level of the sideboards of the vehicle, or within truck bodies in space intended for merchandise, or to a person riding in a parade.
(Ord. 84-597 § 4(E) (part), (F) (part), 1984.)
11.13.02.497 Funerals and other processions—Permits.
A. No driver of a vehicle may drive between or position his vehicle between any vehicles comprising a funeral or other authorized procession while they are in motion. This provision does not apply at intersections where traffic is controlled by traffic-control signals or a police officer, fireman, or authorized flagman.
B. Each driver in a funeral or other procession shall drive as near to the right-hand edge of the roadway as practicable and shall follow the vehicle ahead as close as is practicable and safe.
(Ord. 84-597 § 4(E) (part), (F) (part), 1984.)
11.13.02.517 Authorized and other emergency vehicles.
A. The driver of an authorized emergency vehicle, when responding to an emergency call, when in pursuit of an actual or suspected violator of a statute, regulation or ordinance, when responding to but not upon returning from a fire alarm, or in the performance of his official duties may disregard a statute, regulation or ordinance governing the operation, stopping, standing or parking of a vehicle, except as provided in this section.
B. The driver of an authorized emergency vehicle when responding to an emergency must use an audible signal meeting the requirements of Section 11.13.04.210D and visual signals meeting the requirements of Section 11.13.04.090, except that an authorized emergency vehicle operated as a police vehicle need not display a red light visible from in front of the vehicle and except as provided in subsection C of this section.
C. A driver of an authorized emergency vehicle which is parked, stopped or standing in disregard of a regulation or ordinance prohibiting the parking, stopping or standing may not use a audible signal.
D. The driver of an off-highway vehicle may operate the vehicle upon a highway or railroad right-of-way when the vehicle is serving as an authorized emergency vehicle.
E. A person driving a vehicle displaying a flashing blue light meeting the requirements of Section 11.13.04.100 when responding to, but not upon returning from, an emergency, may, if not otherwise prohibited by a municipality, without undue danger to the safety of other persons or property:
1. Park or stand the vehicle in violation of a traffic regulation or ordinance or near the scene of the fire to which he responded;
2. Except as provided in subsection F of this section, exceed the maximum speed limit if he does not unreasonably endanger life or property, slows at each intersection, and exercises care under the circumstances; and
3. Disregard regulations or ordinances governing direction, movement or turning in a specified direction if he does so at a speed less than the maximum speed limit for that location.
F. The provisions of this section do not relieve the driver of an authorized emergency vehicle or a vehicle displaying a flashing blue light from the duty to drive with regard for the safety of all persons, nor do the provisions of this section allow the driver of a vehicle displaying a flashing blue light to proceed past a stop sign or red signal without first stopping.
G. When the commissioner designates a particular vehicle as an authorized emergency vehicle, or authorizes a vehicle to be equipped with a flashing blue light meeting the requirements of Section 11.13.04.100, the designation or authorization must be in writing, and an official copy of the designation or authorization must be carried at all times in the private vehicle. Failure to carry the designation or authorization does not affect the status of the vehicle as an authorized or other emergency vehicle.
(Ord. 84-597 § 4(E) (part), (F) (part), 1984.)
11.13.02.520 Following authorized emergency vehicle—Interference at scene of accident—Crossing fire hose.
A. A driver of a vehicle, other than one on official business with respect to the emergency to which an emergency vehicle is responding, may not follow an authorized emergency vehicle traveling in response to an emergency and displaying visual or audible signals, as required by Section 11.13.02.517, closer than five hundred feet. A driver may not stop, stand or park his vehicle within five hundred feet of fire apparatus stopped in answer to a fire alarm.
B. No person may stop or park a vehicle in the vicinity of an accident or other emergency so as to interfere with the movement of emergency vehicle or injured persons, or create additional hazards to the safety of persons by blocking the visibility of flares or other emergency signaling devices.
C. No person may drive a vehicle over an unprotected fire hose when laid down on a street, private road, driveway or other location when it is being used in response to an emergency call, unless authorized, or directed to do so by a fireman.
(Ord. 84-597 § 4(E) (part), (F) (part), 1984.)
11.13.02.530 Littering, depositing materials, and dragging objects prohibited.
A. No person may throw, deposit or allow to be thrown or deposited upon a highway or vehicular way or area litter, garbage, glass, nails, tacks, wire, cans, oil or any other substance. A person who throws, deposits, or allows to be thrown or deposited such substances shall immediately remove or cause to be removed those substances. A person removing a wrecked or damaged vehicle from a highway shall remove any glass or other substance dropped upon the highway from that vehicle.
B. No person may divert or drain water to, or upon a highway, nor may a person push or otherwise deposit snow or ice onto a highway in a manner or in quantities which may constitute a hazard to snow removal equipment or other traffic.
D. No person may haul or drag any material or object along or over a highway or vehicular way or area in a manner that allows or causes a portion of the material or object to rest upon or come in contact with the surface of the highway or vehicular way or area if the material or object is likely to damage or damages the surface or creates a hazard to other vehicles or pedestrians.
(Ord. 84-597 § 4(E) (part), (F) (part), 1984.)
11.13.02.545 Drivers to exercise care.
A. No person may drink an intoxicating beverage while driving a vehicle.
B. Every driver of a vehicle shall exercise care to avoid colliding with a pedestrian, an animal or another vehicle.
(Ord. 84-597 § 4(E) (part), (F) (part), 1984.)
11.13.04.001 Scope and effect of regulations.
B. Nothing in this chapter may be construed to prohibit equipment required by the United States Department of Transportation or the use of a part or accessory on a vehicle not inconsistent with the provisions of this chapter. A federal motor vehicle safety standard which conflicts with a provision of this chapter supersedes the provision in this chapter with respect to a vehicle which must comply with the federal standard.
C. The provisions of this chapter which require equipment on vehicles do not apply to implements of husbandry, special mobile equipment, motor-driven cycles, bicycles, or snowmobiles or other off-highway vehicles, except as specifically provided in this chapter.
D. The requirements of Sections 11.13.04.305, 11.13.04.037 and 11.13.04.040 do not apply to a vehicle of the armed forces, except as specifically provided in Sections 11.13.04.025, 11.13.04.030 and 11.13.04.035. In this chapter, “vehicle of the armed forces,” means a combat vehicle or other vehicle participating in a combat training exercise where the use of lights or reflectors may be against combat principles, while operated in the immediate exercise area; it does not include a passenger vehicle, bus, truck, truck tractor, trailer, semitrailer, pole trailer, tow car or other vehicle using a highway in support of a military base or installation to transport persons, commodities or equipment, unless actually participating in a combat training exercise as provided in this section.
(Ord. 84-597 § 4(E) (part), (F) (part), 1984.)
11.13.04.002 Unlawful to drive unsafe vehicle or violate chapter.
No person may violate this chapter, drive or move or cause or knowingly permit to be driven or moved on a highway or other vehicular way or area, a vehicle or combination of vehicles which is in an unsafe condition, or is not equipped as required in this chapter or which is otherwise equipped in violation of this chapter. If an unsafe vehicle must, for any reason, be operated on a highway or vehicular way or area, the driver, owner, dealer or repair business having knowledge of the condition must notify the department. (Ord. 84-597 § 4(E) (part), (F) (part), 1984.)
11.13.04.003 Minimum equipment required on vehicle for sale, rent, lease, or loan.
No person may sell or offer for sale, rent, lease, or loan, a vehicle unless it is equipped with the devices and equipment required by this chapter or other law for operation on a highway or vehicular way or area, and is in a safe condition and in good working order. (Ord. 84-597 § 4(E) (part), (F) (part), 1984.)
11.13.04.004 Sale or use of equipment.
A. No person may sell or offer for sale or use a vehicle, equipment or device which does not meet the requirements of this chapter or other law. The provisions of this section do not apply to equipment that complies with requirements in effect before the effective date of this section and in use when this chapter takes effect, or to replacement parts of that equipment.
B. Any equipment described in this chapter or any package containing the equipment must, if practicable, bear the manufacturer’s trade mark or brand name, unless the equipment complies with identification requirements of the United States Department of Transportation or other federal agencies.
C. No person engaged in the business of selling bicycles at retail may sell a bicycle unless the bicycle has an identifying number permanently stamped or cast on its frame.
(Ord. 84-597 § 4(E) (part), (F) (part), 1984.)
11.13.04.005 Disconnection or alteration of equipment.
No person may disconnect or alter, except as is necessary in the repair or replacement of parts, the equipment required by this chapter, unless the equipment is by nature designed and intended for disconnection or alteration. (Ord. 84-597 § 4(E) (part), (F) (part), 1984.)
11.13.04.006 When inspection required— Roadside inspection.
A. A police officer or other person authorized by the department, having reasonable cause to believe that a vehicle is unsafe, not equipped as required in this chapter or in AS 28, or that its equipment is not in proper adjustment or repair, may require the driver of the vehicle to stop and submit the vehicle to an inspection and tests as may be appropriate.
B. A driver of a vehicle shall stop and submit the vehicle to a roadside inspection when a member of the Alaska State Troopers, uniformed police officer, or a person otherwise authorized by the department is conducting tests and inspections of vehicles and when a sign is displayed requiring a stop, or when a uniformed officer is present and signals the driver to stop. The signs requiring a stop for inspection may specify the particular class or type of vehicle required to stop and, when so designated, a driver of another class or type of vehicle need not stop.
C. The owner or driver of a vehicle may not refuse to submit a vehicle to an inspection or test authorized or required under this chapter.
(Ord. 84-597 § 4(E) (part), (F) (part), 1984.)
11.13.04.007 Unsafe or defectively equipped vehicle.
A. A police officer may issue a citation to the driver or owner of a vehicle which is not in safe mechanical condition or properly equipped as required in this chapter or in AS 28. A citation issued under this section must specify the section of this chapter or AS 28 which has been violated, the repair or adjustment to be made, and require the driver or owner to appear in court after a period of at least five days, holidays and weekends excluded, from the date of the violation.
B. The citation issued under subsection A of this section requires the driver or owner of the vehicle specified in the citation to repair the vehicle so that it is in safe condition and its equipment is in proper repair and adjustment. The citation also requires the owner or driver to secure a certificate of inspection and approval before any further driving or movement on a highway or vehicular way or area, except as provided in subsection C of this section.
C. No person may drive or move a vehicle after being directed under this section to have it repaired or adjusted, except as may be necessary to return the vehicle to the residence or place of business of the owner or driver of the vehicle or to a garage, until the vehicle and its equipment have been repaired or adjusted as required by the citation. If repair or adjustment of a vehicle or its equipment is found necessary upon inspection, the owner or driver of the vehicle may obtain the repair or adjustment at a place of his choosing, within a one-hundred-mile radius of the place where the citation issued under subsection A of this section was issued, or otherwise at the nearest place of repair.
D. If a vehicle is, in the reasonable judgment of the person issuing the citation, in a condition that further driving or movement would be hazardous, the person issuing the citation may require that the vehicle not be driven or moved under its own power, or that it be driven to the nearest garage or other place of safety. This section does not preclude the impounding of a vehicle as provided in AS 28 if, in the opinion of the person authorized to perform inspections under this chapter, the vehicle is so defective or unsafe as to create a hazard if driven or moved upon a highway or vehicular way or area.
(Ord. 84-597 § 4(E) (part), (F) (part), 1984.)
11.13.04.008 Disposition of equipment citation.
A driver or owner of a vehicle cited under Section 11.13.04.007 may, at any time before the specified date for court appearance, appear at an Alaska State Trooper office, the office of the police agency which conducted the inspection, or an official inspection station, and present evidence of having made the required repairs or adjustments, or present the vehicle for reinspection. If the defective part or item is found to be in good repair and adjustment, and the vehicle otherwise meets the requirements of this chapter and AS 28, the inspection officer or official shall void the citation and notify the court of the action taken. (Ord. 84-597 § 4(E) (part), (F) (part), 1984.)
11.13.04.009 Prohibited practices.
A. No person may repair or adjust a vehicle unless the repair or adjustment is in accord with acceptable or customary repair practices, applicable provisions of this chapter and AS 28, or other law.
B. No person may wilfully conceal or misrepresent the identity or condition of a vehicle, make a false or misleading statement or present false evidence in connection with the inspection, repair, or adjustment of a vehicle.
C. No police officer or other person authorized to perform inspections under this chapter may direct or recommend that a repair or adjustment of a vehicle or its equipment be made by a particular person, or perform repair or adjustment at a roadside inspection area for compensation. A person may not solicit, at a roadside inspection area or upon an adjacent highway, any repair or adjustment business for compensation.
(Ord. 84-597 § 4(E) (part), (F) (part), 1984.)
11.13.04.010 When lights are required.
Every vehicle upon a highway or other vehicular way or area within the state must illuminate lights required in this chapter between a half hour after sunset and a half hour before sunrise, and at any other time when, because of insufficient light or other atmospheric conditions, persons or vehicles on the highway are not clearly discernible at a distance of one thousand feet. Stop lights, turn signals and other signaling devices must be illuminated as required by this chapter. (Ord. 84-597 § 4(E) (part), (F) (part), 1984.)
11.13.04.015 Visibility distance and mounted height of lights.
A. When a section of this chapter provides that the distance from which lights and reflectors must render objects visible or be visible, the requirement applies during the times provided in Section 11.13.04.010 for a vehicle without load when upon a straight, level, unlighted highway under normal atmospheric conditions, unless a different time or condition is expressly stated. Lights must be maintained in good working order and kept clear of any obstruction which may reduce visibility, except as provided otherwise in this chapter.
C. When a provision of this chapter addresses the mounted height of lights or reflectors, the measurement specified is from the center of the light or reflector to the level ground upon which the vehicle stands when the vehicle is without a load.
(Ord. 84-597 § 4(E) (part), (F) (part), 1984.)
11.13.04.020 Headlights.
A. Except as otherwise provided in this chapter, a motor vehicle must be equipped with at least two headlights, one on each side of the front of the motor vehicle. The headlights must emit white light to the front of the vehicle, comply with the requirements and limitations set out in this section, and be mounted at a height of not more than fifty-four inches or less than twenty-four inches.
E. When a motor vehicle is driven on a highway during the times specified in Section 11.13.04.010, the driver shall use a high distribution of light or composite beam, directed at a height and of sufficient intensity to reveal persons and vehicles at a distance of four hundred fifty feet in advance of the vehicle for all load conditions, subject to the following requirements and limitations:
1. When the driver of a vehicle approaches an oncoming vehicle within five hundred feet, the driver shall use a distribution of light, or composite beam, so that the glaring or high-intensity portion of the light is not projected into the eyes of the oncoming driver; the light must be of sufficient intensity to reveal a person or a vehicle at a distance of one hundred fifty feet in advance of the vehicle for all load conditions; and
2. When the driver of a vehicle approaches another vehicle from the rear, within three hundred feet, the approaching driver may not use the highest distribution of light.
F. Headlight systems which provide a single distribution of light are permitted on all implements of husbandry, motor-driven cycles, bicycles and off-highway vehicles regardless of date of manufacture, if the systems are, as far as practicable, mounted and aimed as required in subsection A of this section and are of sufficient intensity to reveal a person or a vehicle at a distance of two hundred feet in advance of the vehicle, except as otherwise provided for motor-driven cycles or bicycles in Section 11.13.04.320A and D.
G. A motor vehicle may be driven under the conditions specified in Section 11.13.04.010 when equipped with two illuminated lights upon the front of the vehicle capable of revealing persons and vehicles one hundred feet ahead; provided, however, that a vehicle using the lights may not be driven at a speed in excess of that specified in Section 11.13.02.325C.
(Ord. 84-597 § 4(E) (part), (F) (part), 1984.)
11.13.04.025 Taillights.
A. Except as otherwise provided in this chapter, a vehicle must be equipped with at least two taillights mounted at the same level, as widely spaced laterally as practicable, and as low as practicable, but not less than twenty inches above the roadway on the rear, so that when lighted emit a red light plainly visible from a distance of one thousand feet to the rear. Passenger cars manufactured or assembled before January 1, 1958, must have at least one taillight.
C. Either a taillight or a separate light must illuminate, with a white light, the rear registration plate, so that it is clearly visible from a distance of fifty feet to the rear. The light must be wired so as to be illuminated when the headlights or auxiliary driving lights are illuminated.
(Ord. 84-597 § 4(E) (part), (F) (part), 1984.)
11.13.04.030 Reflectors.