Chapter 8.15
ATVs AND SNOWMACHINES
Sections:
8.15.010 Application of chapter.
8.15.020 Unlicensed operators.
8.15.030 Age—Vehicle operation.
8.15.070 Citation for defective equipment.
8.15.080 Failure to stop at direction of a peace officer.
8.15.090 Public nuisance and impoundment.
8.15.100 Parental responsibility.
8.15.110 Owner responsibility.
8.15.010 Application of chapter.
This chapter shall apply to all ATVs and snowmachines operating on any roadway owned and maintained by the city. (Ord. O-08-01-01 § 3 (part), 2008)
8.15.020 Unlicensed operators.
(a) No person without a valid Alaska Class D driver’s license, or equivalent from another jurisdiction in their possession shall operate an ATV or snowmachine except as provided in Section 8.15.030.
(b) No person shall operate an ATV or snowmachine in violation of any condition or limitation of any driver’s license. (Ord. O-08-01-01 § 3 (part), 2008)
8.15.030 Age—Vehicle operation.
No person under the age of sixteen shall operate an ATV or snowmachine unless under the direct supervision of an adult. (Ord. O-08-01-01 § 3 (part), 2008)
8.15.050 Lights.
All ATVs and snowmachines to which this chapter applies shall be equipped with at least one functional headlight, taillight and brake light that meets Alaska Administrative Code requirements for said equipment. The headlight and taillight shall be illuminated whenever the ATV and snowmachine is being operated. (Ord. O-08-01-01 § 3 (part), 2008)
8.15.070 Citation for defective equipment.
(a) A police officer may issue a “fix it” citation to the operator of an ATV or snowmachine which is not in safe mechanical condition or properly equipped as required by Title 28 of the Alaska Statutes, Title 13 of the Alaska Administrative Code, or the provisions of this chapter. A citation issued under this section shall specify the repair or adjustment to be made.
(b) An operator or owner receiving a “fix it” citation under this section shall within a time specified by the inspecting officer appear at the office of the Nome police department and present acceptable evidence of having made the repairs or adjustment or present the ATV or snowmachine for re-inspection. If the defective part or item is at that time determined to be operating in good repair, and the vehicle otherwise meets the requirements of Title 28 of the Alaska Statutes, Title 13 of the Alaska Administrative Code and the provisions of this chapter, the inspecting officer shall void the “fix it” citation. Failure to present evidence of repair or adjustment or to present the vehicle for re-inspection within the time specified shall result in a citation for violating this chapter. (Ord. O-08-01-01 § 3 (part), 2008)
8.15.080 Failure to stop at direction of a peace officer.
(a) No person, while operating an ATV or snowmachine within the city of Nome, shall fail to stop as soon as practical and in a reasonably safe manner under the circumstances when requested or signaled to do so by a peace officer.
(b) When used in this section “signal” means a hand motion, audible mechanical or electronic noise device, visual light device, or combination of them, used in a manner that a reasonable person would understand to mean that the peace officer intends that the person stop. (Ord. O-08-01-01 § 3 (part), 2008)
8.15.090 Public nuisance and impoundment.
(a) The purposes of this section include protecting the public, removing public nuisances, and deterring violations of this chapter, but do not include the generation of revenue for the city.
(b) Any ATV or snowmachine operated or modified in a manner that violates this chapter is hereby declared a public nuisance.
(c) Any ATV or snowmachine that is a public nuisance may be impounded immediately by any police officer. In addition to any other penalty imposed by this code, the ATV or snowmachine used in any violation of this chapter may be impounded for thirty days. Impoundment may be accomplished through a seizure of the ATV or snowmachine at the time the citation is issued, or pursuant to a court order entered in the course of civil or criminal enforcement proceedings. Impoundment at the time of issuance of a citation is at the discretion of the citing officer.
(d) A police officer shall release an impounded ATV or snowmachine to the owner(s) of the ATV or snowmachine upon receipt of proof of ownership and payment of all storage fees and civil fines owed to the city or upon a finding by the magistrate that the ATV or snowmachine was impounded without probable cause.
(e) An ATV or snowmachine operated by, or driven by, or in the actual physical control of, an individual cited for violation of any section of this chapter is presumed to have been so operated by the owner(s) thereof, or having been operated by another person with the knowledge and consent of the owner(s). An ATV or snowmachine so operated is declared to be a public nuisance for which the owner(s) hold legal responsibility subject only to the defenses as set forth by law.
(f) A case seeking civil impoundment may be heard and decided either by the district court or the city manager (or the city manager’s designee). Hearings before the city manager shall take place no less than seven days, and no more than thirty days, after the owner(s) of the ATV or snowmachine requests a hearing, however, in cases in which impoundment occurs at the time the citation is issued, hearings before the city manager shall take place no less than twenty-four hours and no more than forty-eight hours after issuance of the citation. Notice of any hearing shall be provided by certified mail or through service of process on:
(1) The registered owner of the ATV or snowmachine;
(2) Any person identified in a Uniform Commercial Code filing in the records of the state of Alaska as holding a security interest in the ATV or snowmachine; and
(3) The operator of the ATV or snowmachine at the time of the alleged violation.
(g) At the hearing, a person who claims an ownership interest in an ATV or snowmachine may avoid impound if the claimant can establish by a preponderance of the evidence that:
(1) The claimant had an interest in the ATV or snowmachine at the time of the alleged violation;
(2) A person other than the claimant was in possession of the ATV or snowmachine and was responsible for or caused the act which resulted in impound; and
(3) Before permitting the alleged operator to gain custody or control of the ATV or snowmachine, the claimant did not know or have reasonable cause to believe, that if the ATV or snowmachine were operated by the alleged operator it would be operated in violation of this chapter.
(h) At any impoundment hearing, the city must establish by a preponderance of the evidence the ATV or snowmachine was operated or driven or in the actual physical control of an individual whose actions violated this chapter.
(i) The owner(s) of an ATV or snowmachine impounded by the city may obtain the release of the ATV or snowmachine upon providing proof of ownership and payment of an administrative charge of three hundred dollars to offset processing costs and a storage charge of ten dollars per day for each day the ATV or snowmachine has been impounded.
(j) An ATV or snowmachine seized for impoundment shall be held in the custody of the public safety department.
(k) The city manager may appoint another city employee to act as the city manager’s designee. The city manager’s designee shall have the same responsibilities as the city manager at an impoundment hearing. (Ord. O-08-01-01 § 3 (part), 2008)
8.15.100 Parental responsibility.
A parent or guardian of a minor under the age of sixteen violates this chapter if he or she knowingly permits, or by insufficient control, allows their child or ward to operate an ATV or snowmachine in violation of this chapter. Indifference as to the activities or whereabouts of the minor under the age of sixteen shall be prima facie evidence of insufficient control. (Ord. O-08-01-01 § 3 (part), 2008)
8.15.110 Owner responsibility.
No person who owns or controls an ATV or snowmachine shall permit a person to operate the ATV or snowmachine if he or she knows or should reasonably know that it is likely to be operated in violation of this chapter. (Ord. O-08-01-01 § 3 (part), 2008)
8.15.120 Penalties.
(a) Penalties for violations of this chapter shall be as set forth in NCO Section 1.20.040.
(b) Any surcharge required to be imposed by AS 12.55.039 shall be added to the fine required by subsection (a) of this section. (Ord. O-14-01-02 § 12, 2014: Ord. O-08-01-01 § 3 (part), 2008)
8.15.130 Definitions.
As used in this title:
“ATV” means motorized all-terrain vehicles primarily designed for off-road use. The term ATV includes “four wheelers,” golf carts, tractors, six- and eight-wheeled vehicles such as an ARGO, a Max, and six-wheeled vehicles that are configured the same as a “four wheeler,” and “three wheelers.”
“Police officer” or “peace officer” means and includes the chief of police, any officer or employee of the police department and other persons authorized by the police chief to perform the duties of a “police officer.” In the event of a fire or other casualty requiring the services of the fire department or ambulance department, the police chief may deputize one or more members of the volunteer fire department or the volunteer ambulance department to maintain and enforce law and order at the scene of the fire or other casualty during the period of time while an emergency continues to exist.
“Roadway owned and maintained by the city” means any roadway within the city of Nome except the state owned and maintained roadways identified as Front Street, East Front Street, Bering Street, Seppala Drive, Center Creek Road, Bob Blodget Highway (also called the Teller Highway), and the Nome-Council Highway.
“Snowmachine” means a motor vehicle designed to travel primarily over ice or snow, and supported in part by skis, belts, cleats or low pressure tires. (Ord. O-08-01-01 § 3 (part), 2008)