Chapter 10.01
STATE REGULATIONS ADOPTED
Sections:
10.01.010 Adoption of state vehicle and traffic offenses.
10.01.020 Adoption of state vehicle and traffic regulations.
10.01.030 Adoption of state bail forfeiture schedules.
10.01.040 Penalty surcharge.
10.01.010 Adoption of state vehicle and traffic offenses.
A. Motor vehicle and traffic offenses as defined by Alaska statute for which bail amounts have been established, whether an infraction or a misdemeanor, are incorporated by reference in this code.
B. A person charged with an offense for which a bail amount has been set, whether it is an infraction or a misdemeanor, does not have a right to a jury or to a court-appointed lawyer. (Ord. 93-8 §2(part), 1993)
10.01.020 Adoption of state vehicle and traffic regulations.
A. The following state regulations are incorporated by reference in this code:
1. 13 AAC 02, Motor Vehicle and Driving Offenses: Rules of the Road;
2. 13 AAC 04, Motor Vehicle and Driving Offenses: Vehicle Equipment and Inspection;
3. 13 AAC 06, Inspection of Vehicles;
4. 13 AAC 08, Driver Licensing and Safety Responsibility;
5. 13 AAC 40.010, Definitions.
B. Unless specified otherwise by law, a person who violates one of the above-incorporated regulations is guilty of an infraction and is punishable by a fine not to exceed three hundred dollars.
C. An infraction is not considered a criminal offense and may not result in imprisonment; nor is a fine imposed for the commission of an infraction considered a penal or criminal punishment; nor may the commission of a single infraction result in the loss of a driver’s license or privilege to drive; nor does a person cited with an infraction have a right to trial by jury or to court-appointed counsel. (Ord. 93-8 §2(part), 1993)
10.01.030 Adoption of state bail forfeiture schedules.
The bail forfeiture schedules adopted by the Alaska Supreme Court for motor vehicle and traffic offenses under AS 28.05.151 are, insofar as bails mentioned in those schedules relate to infractions or misdemeanors incorporated by reference in Sections 10.01.010 through 10.01.020, incorporated by reference in this code. (Ord. 93-8 §2(part), 1993)
10.01.040 Penalty surcharge.
A. In addition to any fine or other penalty prescribed by law, a person who pleads guilty or nolo contendre to, forfeits bail for, or is convicted of
1. A misdemeanor or other violation of this code if a sentence of incarceration may be imposed, shall be assessed a surcharge of fifty dollars;
2. A misdemeanor or a violation of this code if a sentence of incarceration may not be imposed, shall be assessed a surcharge of ten dollars if the fine or bail forfeiture amount for the offense is thirty dollars or more.
B. The surcharge shall be deposited into the general fund of the state in accordance with AS 29.25.072. (Ord. 98-23 §2, 1998)