Chapter 7.04
GENERAL TRAFFIC PROVISIONS1
Sections:
7.04.010 State traffic laws adopted by reference.
7.04.020 Copies of title on file.
7.04.023 Repealed.
7.04.025 Repealed.
7.04.030 Traffic fine schedules.
Prior legislation: Ord. 70-6.
7.04.010 State traffic laws adopted by reference.
The City adopts by reference all vehicle and traffic statutes and regulations of the State of Alaska creating minor offenses, as that term is defined in Minor Offense Rule 2 of the Alaska Rules of Court, as they presently exist and as they may be revised in the future, as part of the traffic code for the City. [Ord. 15-42 § 1, 2015; Ord. 13-40 § 1, 2013. Code 1967 § 12-200.1].
7.04.020 Copies of title on file.
A copy of this title, including all State statutes and regulations incorporated herein, shall be incorporated in a manual available for inspection by the general public at City Hall during business hours, and copies shall be available for purchase by the public at cost. [Ord. 13-40 § 2, 2013. Code 1967 § 12-200.2].
7.04.023 State schedule of minor traffic offenses and bail forfeiture – Adopted.
Repealed by Ord. 13-40. [Ord. 13-17(S) § 11, 2013; Ord. 87-25 § 1, 1987].
7.04.025 State schedule of minor traffic offenses and bail forfeiture – Conflict with general penalty.
Repealed by Ord. 13-40. [Ord. 87-25 § 1, 1987].
7.04.030 Traffic fine schedules.
a. State Traffic Fine Schedule Adopted by Reference. The City adopts as its traffic fine schedule for State offenses the “Traffic Bail Forfeiture Schedule” and the “Oversize Vehicle Bail Forfeiture Schedule” in Administrative Rules 43.1 and 43.6 of the Alaska Rules of Court and any other bail forfeiture schedules relating to vehicles adopted by the Alaska Supreme Court. In addition, the City adopts all amendments of those schedules that become effective after December 8, 2015. Citations for offenses listed on these schedules may be disposed of as provided in AS 12.25.195 through 12.25.230, without a court appearance, upon payment of the amounts listed plus the State surcharge required by AS 12.55.039 and 29.25.074. If a person charged with one of these offenses appears in court and is found guilty, the penalty imposed for the offense may not exceed the amount listed for that offense on the schedule. Citations charging these offenses must meet the requirements of Minor Offense Rule 3 of the Alaska Rules of Court. If an offense is not listed on the fine schedule, the defendant must appear in court to answer to the charges.
b. Fine Schedule for Local Traffic Offenses. In accordance with AS 28.05.151(a), citations for offenses listed in this title, not otherwise provided by State law, may be disposed of as provided in AS 12.25.195 through 12.25.230, without a court appearance, upon payment of the fine amounts listed below plus the State surcharge required by AS 12.55.039 and 29.25.074. Fines must be paid to the court. The Rules of Minor Offense Procedure in the Alaska Rules of Court apply to all offenses listed below. Citations charging these offenses must meet the requirements of Minor Offense Rule 3. If a person charged with one of these offenses appears in court and is found guilty, the penalty imposed for the offense may not exceed the scheduled fine amount plus any surcharge required to be imposed by AS 12.55.039 and 29.25.074. The fine amounts listed below are doubled for motor vehicle or traffic offenses committed in a highway work zone or traffic safety corridor, as those terms are defined in AS 28.90.990 and 13 AAC 40.010(b). An offense listed in this schedule may not be disposed of without court appearance if the offense is in connection with a motor vehicle accident that results in the death of a person.
|
Code Section |
Code Section Title |
Fine per Day |
|---|---|---|
|
HCC 7.06.010(b) |
Muffler not working properly |
Corr/$500.00 |
|
HCC 7.06.010(c) |
Muffler modified/excessive noise |
Corr/$500.00 |
|
HCC 7.06.010(d) |
Muffler removed or inoperative |
Corr/$500.00 |
|
HCC 7.06.010(e)(1) or (e)(2) |
Noise exceeds limits |
First violation $100.00; Second violation within 6 months of first conviction $200.00; Third violation within 6 months of any prior conviction $300.00 |
|
HCC 7.06.010(e)(3) |
Sale of vehicle exceeding noise limits |
First violation $100.00; Second violation within 6 months of first conviction $200.00; Third violation within 6 months of any prior conviction $300.00 |
|
HCC 7.06.020 |
Improperly muffled engine brake use prohibited |
First violation $100.00; Second violation within 6 months of first conviction $200.00 plus proof of satisfactory Homer PD commercial vehicle inspection; Third violation within 6 months of any prior conviction $300.00 plus proof of satisfactory Homer PD commercial vehicle inspection |
|
HCC 7.10.020 |
Limited time parking – Parking permits |
$25.00 |
|
HCC 7.10.030 |
Parking in City parking lots |
$25.00 |
|
HCC 7.10.040 |
Vehicle length limitation |
$25.00 |
|
HCC 7.10.090 |
Removal of impoundment notice or impounded vehicle prohibited |
$300.00 |
|
HCC 7.15.010 |
Transporting animal |
$75.00 |
|
HCC 7.15.020 |
Animal interfering with vehicle operation |
$75.00 |
|
HCC 7.16.020 |
Motor vehicle in beach area (first offense) |
$25.00 |
|
HCC 7.16.020 |
Motor vehicle in beach area (second offense) |
$250.00 |
|
HCC 7.16.020 |
Motor vehicle in beach area (third and subsequent offenses) |
$500.00 |
|
HCC 7.16.030 |
Motor vehicle on storm berm (first offense) |
$25.00 |
|
HCC 7.16.030 |
Motor vehicle on storm berm (second offense) |
$250.00 |
|
HCC 7.16.030 |
Motor vehicle on storm berm (third and subsequent offenses) |
$500.00 |
|
HCC 7.20.030 |
Use of snowmachines |
$300.00 |
|
HCC 7.20.040 |
Time restriction |
$300.00 |
|
HCC 7.20.050 |
Driver’s license requirement |
$300.00 |
|
HCC 7.20.055 |
Operation in designated areas |
$300.00 |
|
HCC 7.20.060 |
Towing |
$300.00 |
|
HCC 7.28.020 |
Motor vehicle parking |
$30.00 |
|
HCC 7.28.030 |
Short-term parking area |
$30.00 |
|
HCC 7.28.040 |
Limited long-term parking area |
$30.00 |
|
HCC 7.28.050 |
Reserved parking |
$30.00 |
A citation for an offense listed as “Corr” must be dismissed if proof of correction is presented to a Homer Police Department vehicle inspector within 30 days.
[Ord. 18-11 § 6, 2018; Ord. 16-38(S)(A) § 1, 2016; Ord. 15-42 § 2, 2015; Ord. 15-32 § 1, 2015; Ord. 13-40 § 4, 2013. Code 1967 § 12-200.3].
For statutory provisions authorizing the regulation of traffic by municipalities, see AS 29.35.210.