Chapter 9.04
OFF-ROAD RECREATIONAL VEHICLES
Sections:
9.04.020 Off-road vehicle operation.
9.04.050 Parental and guardian responsibility.
9.04.070 Lawful operation – Police.
9.04.100 Remedies, penalties and impoundment.
9.04.010 Definitions.
For the purposes of this chapter the following terms are defined as follows:
“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. Easements.
2. Private and public rights-of-way.
3. School grounds.
4. Parks and playgrounds.
5. Recreational areas.
6. Private property.
7. Airports. (Ord. 02-14 § 3, 2002)
9.04.012 Purpose.
The purpose of this chapter is to regulate the operation of licensable and nonlicensable off-road motorized recreational vehicles within the City limits. (Ord. 79-M-1-A § 3, 1979; Ord. 02-14 § 3, 2002)
9.04.020 Off-road vehicle operation.
Licensable and nonlicensable off-road motorized recreational vehicles may not be operated two abreast on the roadways of the City streets but shall proceed in single file. A person operating a licensable or nonlicensable off-road motorized recreational vehicle on the roadway as practicable shall exercise due care when passing a standing vehicle or one proceeding in the same direction. A licensable or nonlicensable off-road motorized recreational vehicle may cross a highway only after stopping and when traffic on the highway allows crossing in safety.
All licensable and nonlicensable off-road motorized vehicles operating on City sidewalks, rights-of-way and roadways after coming to a complete stop shall yield to all pedestrian and vehicle traffic.
It is unlawful for any person to operate an off-road vehicle:
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 and sidewalks unless posted against the use of such vehicles;
B. In such a manner as to produce sufficient noise to disturb the peace and quiet of another;
C. No person may drive or operate the engine of any off-road vehicle within the City between the hours of 11:00 p.m. and 7:00 a.m., unless such operation is required for emergency purposes or is in an area not a business or residential district, or does not interfere with the sleep, work or reasonable right to peace or privacy of any person;
D. Without a license if required by any government agency;
E. On or within 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 20 and 100 feet from the railroad track except in areas which are permitted as street rights-of-way, and off of the roadway. (Ord. 79-M-1-A §§ 4(A), 4(C), 1979; Ord. 97-06, 1997; Ord. 02-14 § 3, 2002; Ord. 05-11 § 3, 2005. Prior code § 9.04.040)
9.04.030 Age.
No person under the age of 16 years shall ride an off-road vehicle in the right-of-way of any public roadway unless:
A. Accompanied by a parent or responsible guardian; or
B. They have in their possession a valid motor-driven cycle permit issued by the state of Alaska. (Ord. 02-14 § 3, 2002)
9.04.050 Parental and guardian responsibility.
When a person under the age of 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. (Ord. 02-14 § 3, 2002)
9.04.060 Speed limits.
The speed limit for a person operating a licensable or nonlicensable off-road motorized vehicle shall be:
A. Five miles per hour in a parking lot or within 50 feet of pedestrian traffic;
B. Ten miles per hour while riding in a right-of-way of a residential neighborhood or business area;
C. The posted City speed limit on City roads. (Ord. 02-14 § 3, 2002; Ord. 05-11 § 3, 2005)
9.04.070 Lawful operation – Police.
HMC 9.04.010 through 9.04.060 shall not apply to police, public safety officers or their agents in the lawful performance of their duty. (Ord. 02-14 § 3, 2002)
9.04.080 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 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 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. (Ord. 02-14 § 3, 2002)
9.04.090 Towing.
A licensable or nonlicensable off-road motorized recreational vehicle may not be operated on the roadway of a City street or in the Alaska Railroad 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. (Ord. 79-M-1-A § 4(E), 1979; Ord. 02-14 § 3, 2002)
9.04.100 Remedies, penalties and impoundment.
A. Remedies and penalties for violations of this chapter are as provided in Chapter 1.20 HMC.
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. 02-14 § 3, 2002)