Chapter 10.12
OFF-ROAD VEHICLES
Sections:
10.12.010 Definitions.
10.12.020 Off-road vehicle operation.
10.12.030 Age.
10.12.040 Helmets.
10.12.050 Parental and guardian responsibility.
10.12.060 Speed limits.
10.12.070 Lawful operation—Police.
10.12.080 Equipment.
10.12.090 Towing.
10.12.100 Remedies, penalties and impoundment.
10.12.010 Definitions.
When used in this chapter, the following words and phrases shall have the meanings set forth in this section:
“Off-road vehicle” means any vehicle not authorized for travel or operation on a public roadway according to state law or regulations.
“Property, public and private” means any land owned, leased, rented or to which a person or persons have an interest including but not limited to:
1. Parking lots;
2. Easements;
3. Private and public rights-of-way;
4. Municipal, state and federal lands;
5. School grounds;
6. Parks and playgrounds;
7. Recreational areas;
8. Private property;
9. Golf courses;
10. Airports; and
11. Public facilities. (Ord. 08-29 § 12, 2008; prior code § 14.17.010)
10.12.020 Off-road vehicle operation.
It is unlawful for any person to operate an off-road vehicle in the city.
A. On private or public property without the express or implied consent of the owner, his authorized agent or representative, except the city streets’ rights-of-way unless posted against the use of such vehicles;
B. On a roadway or sidewalk unless such travel is necessary to go around an obstruction or for the purpose of crossing a roadway and only after coming to a complete stop and yielding to all pedestrian and vehicle traffic;
C. In such a manner as to produce sufficient noise to disturb the peace and quiet of another;
D. Without a license if required by any government agency;
E. On or within twenty (20) feet of any railroad track except while crossing the tracks perpendicularly at a designated track crossing only after coming to a complete stop and yielding to all rail traffic;
F. On the railroad right-of-way between twenty (20) and one hundred (100) feet from the railroad track except in areas which are permitted as street rights-of-way, and off of the roadway. (Prior code § 14.17.020)
10.12.030 Age.
A. No person under the age of sixteen (16) years shall ride an off-road vehicle in the right-of-way of any public roadway unless:
1. Accompanied by a parent or guardian; or
2. They have in their possession a valid motor driven cycle permit issued by the state of Alaska. (Ord. 06-09 § 2, 2006: prior code § 14.17.030)
10.12.040 Helmets.
No person shall be allowed to ride an off-road vehicle in the city without wearing a helmet which meets safety standards set by the state of Alaska. (Prior code § 14.17.040)
10.12.050 Parental and guardian responsibility.
When a person under the age of eighteen (18) years violates any part of this chapter, his or her parent or guardian is also in violation if:
A. The parent or guardian knowingly allows the violation to take place; or,
B. The parent or guardian fails to take reasonable precautions to prevent the violation. (Prior code § 14.17.050)
10.12.060 Speed limits.
The speed limit shall be:
A. Five mph in a parking lot or when near pedestrian traffic;
B. Ten (10) mph while riding in a right-of-way of a residential neighborhood or business area. (Prior code § 14.17.060)
10.12.070 Lawful operation—Police.
Sections 10.12.010 through 10.12.060 shall not apply to police, public safety officers or their agents in the lawful performance of their duty. (Prior code § 14.17.070)
10.12.080 Equipment.
No person may drive or operate an off-road vehicle unless the vehicle is equipped with:
A. A headlamp, with the beam aimed and of sufficient intensity to reveal persons and vehicles at a distance of at least one hundred (100) feet ahead during the hours of darkness. Such headlamp shall be so aimed that glaring rays are not projected into the eyes of an oncoming driver;
B. At least one rear lamp exhibiting a red light plainly visible from a distance of five hundred (500) feet to the rear during the hours of darkness;
C. Adequate brakes to control the movement of and to stop and hold the vehicle. (Prior code § 14.17.080)
10.12.090 Towing.
No person may operate an off-road vehicle in the Alaska Rail Road while towing a sled, toboggan, or other object, unless such sled, toboggan, or other object is attached to the off-road vehicle by a rigid bar and the towed object is equipped with a red reflector. (Prior code § 14.17.090)
10.12.100 Remedies, penalties and impoundment.
A. Remedies and penalties for violations of this chapter are as provided in Chapter 1.20.
B. An off-road vehicle in violation or whose owner or operator is in violation of this chapter, or as incident to an arrest or other situation where the vehicle may require protection, may be impounded immediately by a police officer or other authorized official. The vehicle may be released only upon proof of ownership, payment in full of transportation and storage charges, and the position of a bond for court appearance when such bond is required. (Ord. 01-47 § 13, 2001; prior code § 14.17.100)