Chapter 11.24
ABANDONED VEHICLES1
Sections:
11.24.010 State provisions adopted.
11.24.012 Fines, penalties, vehicle impoundment, and forfeiture.
11.24.010 State provisions adopted.
The city, pursuant to AS 28.10.100, adopts by reference the provisions of AS 28.11.010 through 28.11.110. (Ord. 77-16 § 2, 1977.)
11.24.011 Stopping, standing, abandoning or parking on improved and unimproved roads and other locations.
A. Stopping, Standing, Abandoning or Parking on Improved and Unimproved Roads and in Other Locations.
1. No person may stop, park, abandon or leave standing a vehicle, motorcycle, ATV, snow machine, heavy equipment, airplane, boat or other such debris as to cause a hazard, 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 road maintenance, and where the parking, stopping, or standing is not prohibited by an official traffic-control device, unless directed to do so by a flag person or police officer. If an emergency requires a vehicle to be parked or stopped on a roadway, that vehicle must have activated four-way emergency flashers, three operating highway flares, or three reflective triangles in place.
2. This section and subsection B of this section 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.
3. 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.
4. 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:
a. Stop, stand, or park a vehicle:
i. On the roadway side of a vehicle stopped or parked at the edge or curb of a street;
ii. On a sidewalk;
iii. Within an intersection;
iv. Within a crosswalk;
v. 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;
vi. Alongside or opposite a street excavation or obstruction when stopping, standing, or parking would obstruct traffic;
vii. At a place where official traffic-control devices prohibit stopping, standing, or parking; or
viii. In a designated zone for persons with disabilities unless the vehicle is displaying current license plates or permit in accordance with AS 28.10.181(d) or 28.10.495(a) and the following conditions are immediately present:
(A) A person with a disability of seventy percent or more is on board the vehicle; and
(B) That person with a disability exits the vehicle upon stopping or parking in the designated handicapped zone.
b. Stand or park a vehicle, whether occupied or not, except momentarily to pick up or discharge a passenger or passengers:
i. In front of a public or private driveway;
ii. On private property without the consent of the owner or person in control of the property;
iii. Within fifteen feet of a fire hydrant;
iv. Within twenty feet of a crosswalk at an intersection;
v. 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;
vi. 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
vii. At a place where an official traffic-control device prohibits standing.
B. COD Police Officers and Public Works Road Maintenance Employees Authorized to Remove Vehicles.
1. If a vehicle, motorcycle, ATV, snow machine, heavy equipment, airplane, boat, or other such debris is in violation of the provisions of subsection A of this section or is left on a roadway or under circumstances which obstruct the normal movement of traffic, snow removal, or road maintenance, a police officer or public works road maintenance employee may move the vehicle, motorcycle, ATV, snow machine, heavy equipment, airplane, boat, or other such debris, or require the driver or other person in charge of the vehicle, motorcycle, ATV, snow machine, heavy equipment, airplane, boat, or other such debris to move the vehicle to a position off the roadway or to a safe place on the roadway.
2. A police officer may impound and remove to a place of safety a vehicle which:
a. Is found in the state and which has been previously reported stolen or taken without the owner’s consent;
b. Is found or operated on an improved or unimproved roadway without license plates or other evidence of registration or which evidence is false with respect to that vehicle;
c. 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 the Dillingham police department, 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; or
d. Is used in connection with the commission of a crime and is impounded pursuant to a police investigation.
3. 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 truck operator of his/her choosing to remove the vehicle. If the driver does not so indicate, the officer shall make the arrangements necessary to remove the vehicle.
4. When a vehicle is impounded and removed from a roadway or elsewhere at the discretion 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. 23-06 § 2, 2023.)
11.24.012 Fines, penalties, vehicle impoundment, and forfeiture.
A. Violations and Penalties. Violations of the regulations outlined in Section 11.24.011 may result in fines and penalties based on the severity and frequency of the offense, with the possibility of vehicle impoundment and forfeiture for repeat offenders.
1. Minor Violations. Minor violations include instances where a vehicle is stopped, parked, or left standing within eight feet of a roadway without causing significant obstruction or hazard or abandoned on city of Dillingham property. These violations may include failure to activate emergency signals or improper parking without hindering traffic flow or abandoning a vehicle, motorcycle, ATV, snow machine, heavy equipment, airplane, boat, or other such debris on city of Dillingham property.
Penalty: A fine of one hundred fifty dollars, with the possibility of increased fines for repeated violations. For repeat offenders, the vehicle may be subject to impoundment if violations persist.
2. Moderate Violations. Moderate violations encompass cases where a vehicle obstructs traffic flow, snow removal, or road maintenance to a considerable extent. This includes violations such as stopping or parking within prohibited areas, in front of driveways, or within marked safety zones abandoning a vehicle, motorcycle, ATV, snow machine, heavy equipment, airplane, boat, or other such debris on city of Dillingham property that pose a health, ecological or environmental hazard.
Penalty: A fine of two hundred fifty dollars, with progressive increases for repeated offenses within a defined period. For repeat offenders, the vehicle may be impounded, and the owner faces the possibility of vehicle forfeiture if fees and fines remain unpaid after one hundred eighty days.
3. Major Violations. Major violations involve severe obstructions that significantly compromise road safety, snow removal efforts, or traffic flow. These violations may include abandoning a vehicle, motorcycle, ATV, snow machine, heavy equipment, airplane, boat, or other such debris on roadways that poses a hazard to others or on city of Dillingham property that poses a significant safety and health, ecological or environmental hazard.
Penalty: A fine of five hundred dollars, along with the possibility of immediate vehicle, motorcycle, ATV, snow machine, heavy equipment, airplane, boat, or other such debris impoundment for repeat offenders. If fees and fines are not paid within one hundred eighty days, the vehicle may be subject to forfeiture.
B. Impoundment and Vehicle Forfeiture.
1. In cases where a vehicle, motorcycle, ATV, snow machine, heavy equipment, airplane, boat, or other such debris is impounded due to violations outlined in Section 11.24.011, the owner or driver is responsible for the cost of removal and storage. Repeat offenders may have their vehicle, motorcycle, ATV, snow machine, heavy equipment, airplane, boat, or other such debris impounded immediately upon subsequent violations. If fees and fines, including towing, impoundment, and storage expenses, remain unpaid after one hundred eighty days, the vehicle, motorcycle, ATV, snow machine, heavy equipment, airplane, boat, or other such debris may be subject to forfeiture to offset outstanding debts.
2. Fee Schedule:
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Tow or Removal Fee: |
$100—$800 |
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Impound Release Fee: |
$200 |
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Storage Fee: |
$20 per day |
3. The city of Dillingham reserves the right to adjust fines, penalties, fees and impoundment periods based on factors such as the severity of the violation, the frequency of offenses, and other relevant circumstances. All fines collected will be allocated to support city operations and initiatives, including road maintenance, public safety, and community development. (Ord. 23-06 § 2, 2023.)
Addendum
For statutory provisions concerning abandoned motor vehicles, see AS 28.31.