Chapter 10.80
BICYCLES1
Sections:
10.80.040 Negligent operation.
10.80.050 Fine schedule for traffic offenses in this chapter.
10.80.010 Traffic regulations applicable to bicycles, skateboards, roller blades, or other self-propelled conveyances.
Every person operating a bicycle, skateboard, roller blades, or other self-propelled conveyance upon a roadway shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of a vehicle in this title, except to the extent provided by state law, special rules in this chapter, and provisions of this title which by their nature can have no application. Nothing in this chapter shall be interpreted to permit the operation of a bicycle, skateboard, roller blades or other self-propelled conveyance anywhere such operation is prohibited by state law. (Code 1962 § 19-69)
10.80.020 Use of bicycles, skateboards, roller blades and other self-propelled conveyances on city property.
No person shall operate a bicycle, skateboard, roller blades or other self-propelled conveyance on any parking lot, park, dock or other city owned or controlled property when that property has been posted with a sign or signs restricting or prohibiting such operation. The city manager may, based upon safety concerns evidenced by documented incidents, post such signs on any property which is owned or controlled by the city. The manager’s decision is appealable to the city council which may override such decision by motion. The city council’s decision shall be final whether or not based upon safety concerns or documented incidents.
10.80.030 Reckless operation.
A person who operates a bicycle, skateboard, roller blades or other self-propelled conveyance in the city in a manner which creates a substantial and unjustifiable risk of harm to a person or to property is guilty of reckless operation. A substantial and unjustifiable risk is a risk of such a nature and degree that the conscious disregard of it or a failure to perceive it constitutes a gross deviation from the standard of conduct that a reasonable person would observe in the situation.
10.80.040 Negligent operation.
(a) A person who operates a bicycle, skateboard, roller blades or other self-propelled conveyance in the city in a manner which creates an unjustifiable risk of harm to a person or to property and who, as a result of the creation of the risk, actually endangers a person or property is guilty of negligent operation. An unjustifiable risk is a risk of such a nature and degree that a failure to avoid it constitutes a deviation from the standard of care that a reasonable person would observe in the situation. Proof that a defendant actually endangered a person or property is established by showing that, as a result of the defendant’s operation:
(1) An accident occurred;
(2) A person took evasive action or fell to avoid an accident;
(3) A person stopped or slowed down suddenly to avoid an accident; or
(4) A person or property was otherwise endangered.
(b) The offense of negligent operation is a lesser offense than, and included in, the offense of reckless operation, and a person charged with reckless operation may be convicted of the lesser offense of negligent operation.
10.80.050 Fine schedule for traffic offenses in this chapter.
Pursuant to KMC 1.02.110, the following fine schedule is established for violation of this chapter. In accordance with AS 28.05.151(a), citations for the following offenses may be disposed of as provided in AS 12.25.195 through 12.25.230, without a court appearance, upon payment to the city of the fine amounts listed below plus the state surcharge required by AS 12.55.039 and 29.25.074. 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 fine amount for that offense listed below. If an offense in this chapter is not listed on the fine schedule, the defendant must appear in court to answer to the charges. These fines may not be judicially reduced.
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.
|
Sections |
Offense |
Fine |
|---|---|---|
|
Traffic Regulations Applicable |
$40.00 |
|
|
Prohibition on Posted City Property |
$25.00 |
|
|
Reckless Operation |
$100.00 |
|
|
Negligent Operation |
$75.00 |
(Ord. 1760 § 53, 2014)
10.80.060 Exemptions.
Except for KMC 10.80.030 and 10.80.040, this chapter shall not apply to police officers in the performance of their official duties or to persons using wheelchairs or similar devices for medical reasons.
For regulations pertaining to motorcycles, see KMC 10.24.090 and 10.24.100.