Chapter 10.04
GENERAL PROVISIONS
Sections
10.04.010 Short title—application
10.04.020 Adoption of state law
10.04.030 Application of state law
10.04.040 Citation of authority
10.04.010 Short title—application
This title may be referred to as the Kodiak traffic code. This title contains all general regulations of the city governing the travel, parking, standing, and equipping of vehicles in the city. [Ord. 1150 §1, 2002; Ord. 921 §1, 1991; Ord. 730, 1984]
10.04.020 Adoption of state law
(a) Pursuant to AS 28.01.010, this title sets forth the provisions of AS 28 and the regulations adopted thereunder that the city has adopted by reference. The state statutes and regulations adopted by reference in this title have been modified or supplemented where the council has determined it to be necessary to meet specific local requirements.
(b) The state statutes and regulations adopted by reference in this title include all amendments to those statutes and regulations that become effective after the effective date of the adoption by reference. [Ord. 1150 §1, 2002; Ord. 730, 1984]
10.04.030 Application of state law
Nothing in this title affects the application of the provisions of AS 28 and the regulations adopted thereunder within the city, or the enforcement of those provisions by city officers and employees. [Ord. 1150 §1, 2002; Ord. 921 §1, 1991; Ord. 730, 1984]
10.04.040 Citation of authority
(a) When a person is stopped or contacted by a city peace officer for the commission of a motor vehicle or traffic offense that is a violation of this title, the officer shall, except when otherwise required by law or the immediate circumstances, issue a citation to the person in charge of, or operating, the motor vehicle involved. A citation issued pursuant to this subsection must meet the requirements of AS 12.25.200 and the Alaska Rules of Minor Offense Procedures. The city shall use the Alaska Uniform Citation form, or the electronic version, if authorized.
(b) A citation for a violation of a state motor vehicle law that has been incorporated by reference in this title shall reference the Alaska Statute or Alaska Administrative Code section that has been violated and indicate that the law or regulation has been incorporated in this city code by reference. All such citations shall identify the city of Kodiak as the prosecuting entity and shall be submitted to and processed by the Alaska Court System. Fines paid to the court for that violation shall be remitted to the city, less administrative expenses required by law.
(c) A citation for a violation of a provision of this title that does not adopt by reference a provision of the state motor vehicle laws may be issued by any city official and shall reference only the appropriate city code section. Fines paid to the court for that violation shall be remitted to the city, less administrative expenses required by law. [Ord. 1391 §1, 2020]
10.04.050 Definitions
(a) AS 28.90.990, titled “Definitions for title,” and 13 AAC 40.010, titled “Definitions,” are adopted by reference to provide definitions of terms used in this title.
(b) As used in this title:
(1) “AAC” means the Alaska Administrative Code.
(2) “AS” means the Alaska Statutes.
(3) “City parking lot” means any off-street parking area owned or operated by the city that is available for public parking and any place so designated by the council. [Ord. 1391 §2, 2020; Ord. 1150 §1, 2002; Ord. 921 §§1, 2, 1991; Ord. 730, 1984]