Chapter 11.04
CODE ADOPTION
Sections:
11.04.010 State traffic laws and regulations adopted by reference.
11.04.030 Incorporation of additional traffic regulations in code.
11.04.040 Copies to Alaska Court System.
11.04.010 State traffic laws and regulations adopted by reference.
A. The city adopts all vehicle and traffic statutes and regulations of the state of Alaska, as they presently exist and as they may be revised in the future, as the traffic code for the city.
B. Notwithstanding subsection A of this section, the city does not adopt those state traffic laws that establish misdemeanor and felony offenses, including AS 28.35.030.
C. All citations issued under this chapter shall use the appropriate “AS” or “AAC” or CFR statute or regulation numbers, include a description of the offense, and indicate that the offense was adopted by reference as a city ordinance. (Ord. 13-19 § 14 (part), 2013.)
11.04.020 Fine schedule.
A. The city adopts as its traffic fine schedule 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 the effective date of the ordinance codified in this chapter. Citations for offenses listed on those 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. Pursuant to AS 28.90.030, whenever a person violates a provision or regulation adopted under the authority of this title within a highway work zone or traffic safety corridor, notwithstanding the amount of the fine or the maximum fine set under this title, the fine, or maximum fine, is double the amount provided in this title.
C. Pursuant to AS 28.05.151(e), an offense adopted by this section 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. (Ord. 13-19 § 14 (part), 2013.)
11.04.030 Incorporation of additional traffic regulations in code.
Additional traffic ordinances of the city that are necessary to meet specific local requirements shall be incorporated in other chapters of this title. (Ord. 13-19 § 14 (part), 2013.)
11.04.040 Copies to Alaska Court System.
A copy of all ordinances enacted by the city that create or affect any minor offense designated by this code shall be forwarded to the city attorney, who shall submit the ordinance to the Alaska Court System for inclusion in the Uniform Minor Offense Table. (Ord. 13-19 § 14 (part), 2013.)