Chapter 10.10 OFF-HIGHWAY VEHICLES

Chapter 10.10
OFF-HIGHWAY VEHICLES

Sections:

10.10.010 Purpose.

10.10.020 Definitions.

10.10.030 Regulations on OHV operation.

10.10.040 Violations, penalties, impoundment and disposal.

10.10.050 Revenue and assets.

10.10.060 Permit application process.

10.10.070 OHV permit application form.

10.10.080 Example permit and display instructions.

10.10.090 Appeal process.

10.10.010 Purpose.

The intent of this chapter is to control the use of off-highway vehicles (OHVs) within the City of Saxman (one square mile); to provide for and regulate the use of OHVs designated by the City of Saxman for law enforcement, fire or emergency services, or registered with the City of Saxman for “commercial” or “subsistence” use; and for the purpose of providing penalties for the violations thereof. [Ord. dated 3/16/2016 § (a); Ord. 06-2010-033 § (a)].

10.10.020 Definitions.

When used in this chapter, the following words or terms shall have the following meanings:

“Authorized City worker” is any Saxman employee or contractor of the City appointed by the Mayor, Council or City Administrator to act on its behalf.

“Business area” means those areas within the City of Saxman where tours are conducted, goods sold, classes held, day care conducted or school children picked up or dropped off.

“City” or “the City” refers to the City of Saxman, Alaska.

“Commercial” refers to any organization of people gathered together under a chosen name to represent those peoples. “Commercial” may refer to for-profit or not-for-profit organizations.

“Forfeiture of OHV” means the permanent seizure and change of ownership of an OHV from the registered owner to the City of Saxman against all outstanding fines/fees/debts.

“OHV” or “off-highway vehicle” means a tracked two-, three- or four-wheeled vehicle, side by side, dirt bike, golf cart or go-cart designed for off-road use that has low-pressure tires, and is powered by a 50 cc to 500 cc gasoline engine, electric motor, or an engine or motor of comparable size capable of speeds faster than five miles per hour or using other fuels or such other definition as may be provided by State law.

“OHV permit” means written permission from the City of Saxman to a resident of Saxman to operate an OHV for a specific purpose.

“Operate” means to ride in or on and to be in actual control of the operation of an OHV.

“Operator” means a person who operates or is in actual physical control of the operation of an OHV.

“Reasonable person” means an experienced OHV operator who acts with good judgment and due regard to the safety and property of others.

“Roadway” means that portion of a highway, improved, designated, or ordinarily used for vehicular travel, not including the shoulder. If a highway includes two or more separate roadways, the term “roadway” refers to a roadway separately, but not to all roadways collectively.

“Sidewalk” means a (usually paved) path for pedestrians alongside a street.

“Subsistence use” means the use of a registered OHV by a qualified and registered operator for specific chores related to fishing, hunting, wood or berry gathering, transportation of groceries or any action associated with those mentioned here. [Ord. dated 3/16/2016 § (b); Ord. 06-2010-033 § (b)].

10.10.030 Regulations on OHV operation.

(a) No OHV shall be operated on any street, alley, trail, sidewalk or any part or section thereof under the jurisdiction of the City where the operation of OHVs on such street, or part or section thereof, has been specifically prohibited by resolution of the City Council.

(b) An OHV may not be operated:

(1) On the part of a highway normally occupied by ditches, front slopes, back slopes, or utilities, such areas being more specifically defined as those parts of the highway between the outside shoulder point and the right-of-way boundary line;

(2) Within City-owned parks, parking lots, streets, trails or any natural areas within the City without a permit specifically authorizing such operations;

(3) On those areas specifically designated as nonmotorized facilities; or

(4) In violation of any of the provisions of this chapter and the various subsections thereof, as amended, as well as all other statutes, rules, regulations, and ordinances applicable to such OHV operations.

(1) When issued a permit by the City of Saxman for commercial or subsistence use; and

(2) That operator possesses a valid Alaska driver’s license of at least class D or an Alaska motorcycle license of at least class M2 and does so in accordance with all other applicable City, Borough and State laws; or

(3) When that operator is:

(A) An employee of the City of Saxman; or

(B) A member of the City of Saxman Department of Health and Human Needs; or

(D) A member of the South Tongass Volunteer Fire Department; or

(E) A contractor specifically operating under a current memorandum of agreement or understanding with the City of Saxman.

(d) Operators of OHVs issued permits to operate an OHV in the City of Saxman must operate their OHVs under the following guidelines:

(1) OHV operators must follow all applicable City, Borough, and State traffic laws.

(2) OHV operators must adhere to any and all conditions outlined in the City permit issued to them granting permission to operate an OHV.

(3) OHVs operating on City streets must travel at the extreme right side of the roadway and in the same direction as the roadway motor vehicle traffic in the nearest lane of the roadway, yielding to all pedestrians and vehicles.

(e) An off-highway vehicle may make a direct crossing of a highway if:

(1) The crossing is made approximately at a right angle to the highway at a location where visibility along the highway in both directions is clear for a sufficient distance to assure safety, and the crossing can be completed safely and without interfering with other traffic on the highway; and

(2) The vehicle is brought to a complete stop before crossing the shoulder or roadway, and the driver yields the right-of-way to all traffic and pedestrians on the highway.

(f) No off-highway vehicle may travel on a sidewalk, a location intended for pedestrians or other nonmotorized traffic, an alley, or a vehicular way or area which is marked closed to OHV or ATV operation, unless operating under subsection (c)(3) of this section or as authorized specifically in their OHV use permit.

(g) Properly permitted OHVs not falling under subsection (c)(3) of this section must adhere to the following regulations:

(1) OHV operators must have in possession a valid City OHV operator permit.

(2) OHV operators must have in possession a valid Alaska driver’s license or Alaska driver’s or motorcycle permit.

(3) OHV operators with a valid Alaska driver’s or motorcycle permit must have a valid licensed operator with at least one year of experience within sight and sound at all times.

(4) All OHVs operated in Saxman must have a properly posted OHV permit.

(5) OHV operators must have in possession valid OHV liability insurance.

(6) OHV operation is only allowed between the hours of 8:00 a.m. and 10:00 p.m. unless a specific exception is stated in the City permit.

(7) OHVs may not operate at speeds greater then 10 miles per hour. OHVs will operate at slower speeds if any condition creates a hazard at faster speeds.

(8) OHV operation is not allowed in such a manner as to produce sufficient noise to disturb the peace and quiet of another.

(9) OHVs may not be operated in a careless, reckless or negligent manner so as to induce fear from bystanders or create a risk of harm or damage to person or property.

(h) Age. Persons under the age of 16 years shall not operate an off-highway vehicle anywhere within the City of Saxman.

(i) Helmets. Persons operating or riding an open cab off-highway vehicle within the City must wear a helmet which meets safety standards set by the Federal Motor Vehicle Safety Standard 218. Enclosed side by sides or golf carts are exempt from this subsection as well as operators under subsection (3)(c) of this section.

(j) Reflective Safety Vests. Persons required to wear helmets must also wear a reflective safety vest that meets or exceeds ANSI Class l visibility standards.

(k) Registered Owner/Parental Responsibility.

(1) No parent, guardian, registered owner or other person having the custody or control of a child under 18 years of age or a registered OHV shall negligently or knowingly allow such child to act contrary to the provisions of this chapter. The presence of such child unattended and operating an OHV in violation of this section shall be prima facie evidence of a violation of this chapter by any owner, parent, guardian, or other person having custody or control of the child or OHV.

(2) Offenders may be released to the control and custody of their parent, guardian, or other person having the custody or control of the child. A citation may be issued pursuant to this chapter to the operator, owner, parent or guardian.

(l) Speed Limits. When operating an off-highway vehicle within the City, the speed limit shall be:

(1) Maximum five miles per hour in a parking lot, business area, or when riding near pedestrian traffic.

(2) Maximum 10 miles per hour when riding on any roads or in any rights-of-way within City limits.

(3) No faster than a reasonable person would operate considering all conditions at the time of operation.

(m) Equipment. Off-highway vehicles operated within the City must be equipped with:

(1) A headlamp operating 24 hours a day and 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;

(2) At least one rear lamp operating 24 hours a day and exhibiting a red light plainly visible from a distance of 500 feet to the rear when viewed during the hours of darkness;

(3) Adequate brakes to control the movement of and to stop and hold the OHV;

(4) A muffler in good working order;

(5) A working spark arrestor;

(6) A current permit issued by the City of Saxman;

(7) Proof of current OHV and operator insurance to include liability for property damage. [Ord. dated 3/16/2016 § (c); Ord. 06-2010-033 § (c)].

10.10.040 Violations, penalties, impoundment and disposal.

Any person who violates any provision of this chapter is responsible for a civil infraction in addition to any State violations. The penalties for violation of this chapter are as follows:

(a) Nonpermitted OHV operator fine schedules are as follows:

First Offense (correctable):	$200.00 fine and OHV impound until paid. Fines not paid within six months will result in forfeiture of OHV to City at expense of owner.
Second Offense:	$300.00 fine and OHV impounded for six months or until fine paid (whichever is later). Fines not paid within one year will result in forfeiture of OHV to City at expense of owner.
Third Offense:	$500.00 fine and forfeiture of OHV to City at expense of owner.

(b) Properly permitted subsistence OHV operator fine schedules are as follows:

First Offense in 24 months:	$200.00 fine and permit suspension for the longer of 90 days or until fine is paid.
Second Offense in 24 months:	$300.00 fine and permit suspension for the longer of one year or until fine is paid. OHV impounded for the longer of 90 days or until fine paid. Fines not paid within one year will result in forfeiture of OHV to City at expense of owner.
Third Offense in 24 months:	$500.00 fine and two-year permit suspension and forfeiture of OHV to City at expense of owner.

(c) In addition to the above fines and actions, the owner or operator will be charged for any towing, storage, collections or administrative costs associated with the above action.

(d) The subsistence OHV permit applicants agree to have any and all fines and expenses assessed through this chapter that are left unpaid for more than 30 days added to any open City accounts held by the City in the name of the permit holder such as rent/utilities or other fees. Once converted to the existing City account, those fines and expenses will be treated just as would any other overdue fees in that account including the consequences of failure to pay fees to that account including water shutoff, evictions or other actions associated with failure to pay.

(e) Properly permitted commercial OHV fine schedules are as follows:

First Offense in 24 months:	$200.00 fine assessed to the commercial business and permit suspension for the operator for the longer of 90 days or until the fine is paid.
Second Offense in 24 months:	$400.00 fine assessed to the commercial business and permit suspension for the operator for the longer of one year or until the fine is paid. Additionally, a suspension for all of the business’ OHVs and operators will be in effect for the longer of 30 days or until the fine is paid. The offending OHV will be impounded for the longer of 90 days or until fine paid. Fines not paid within one year will result in forfeiture of the offending OHV to City at expense of owner.
Third Offense in 24 months:	$600.00 fine assessed to the commercial business and permit suspension for the operator for the longer of two years or until the fine is paid. Also, a suspension for the business for the longer of one year or until the fine is paid, as well as the forfeiture of the offending OHV to the City at expense of owner.

(f) In addition to the above commercial fines and actions, the business owner will be charged for any towing, storage, collections or administrative costs associated with the above action.

(g) The commercial business permit applicants agree to have any and all fines and collection expenses assessed through this chapter that are left unpaid for more than six months added to any open City accounts held by the City in the name of the permit holder such as rent/utilities or other fees. Once converted to the existing City account, those fines and expenses will be treated just as would any other overdue fees in that account including the consequences of failure to pay fees to that account including water shutoff, evictions or other actions associated with failure to pay. [Ord. dated 3/16/2016 § (d); Ord. 06-2010-033 § (d)].

10.10.050 Revenue and assets.

(a) Revenue generated from the collection of fines and fees associated with this chapter will go in to the general fund of the City’s Department of Health and Human Needs for the operation of public safety activities and enforcement.

(b) Assets acquired from the forfeiture of OHVs to the City of Saxman will be either sold at auction with the proceeds of the sale going to the general fund of the City’s Department of Health and Human Needs for the operation of public safety activities and enforcement or may be retained by the City of Saxman and ownership placed into the name of the City of Saxman for use by the City at the City’s discretion. [Ord. dated 3/16/2016 § (e)].

10.10.060 Permit application process.

(a) Individuals or organizations wishing to use an OHV within the City of Saxman must:

(1) Complete the “Application to Operate OHV” form obtainable from City Hall in Saxman. Forms must be completely filled out and turned in to the City of Saxman receptionist during normal business hours with all required documents and payment as stated in the application. This information to include: explanation of intent for use, photocopy of valid Alaska license or permit, photocopy of valid registration and insurance cards, signed acknowledgement having received, read, understood and agreed to follow this OHV chapter, signed copy of “acceptance of liability” and “hold harmless” forms, as well as “fine and expense assignment” form and all other sections of the application.

(2) Bring in to the VPSO or other authorized City worker for inspection a helmet and reflective vest as described in this chapter if required by type of OHV.

(3) Bring in to the VPSO or other authorized City worker for inspection any OHV to be permitted.

(b) The City of Saxman will review an application to operate OHV and make a decision as to whether or not to issue a permit within 14 days. If the application to operate OHV is denied, a reason for the denial will be given along with refund of any fees collected. If the application to operate OHV is approved, the City of Saxman will issue a letter stating the specifics of the permit along with a tag to be displayed on the OHV as directed in the letter.

(c) Operator and/or OHV permits will be issued according to the fee schedule below. The City of Saxman reserves the right to change these rates at any time:

(1) Fee due (subsistence permit):

[ ] $50.00 per operator valid for 1 year from date of application	(Each Person)
[ ] $100.00 per OHV valid for 1 year from date of application	(Each OHV)

(2) Fee due (commercial permit):

[ ] $100.00 per operator valid for 1 year from date of application	(1 – 4 Operators)
[ ] $75.00 per operator valid for 1 year from date of application	(5 or more Operators)
[ ] $150.00 per OHV valid for 1 year from date of application	(Each OHV)

[Ord. dated 3/16/2016 § (f)].

10.10.070 OHV permit application form.

See permit application form attached to the ordinance codified in this chapter (any and all OHV permit application forms issued by the City of Saxman which gather at a minimum those requirements listed in SMC 10.10.060(a)(1) are considered valid). [Ord. dated 3/16/2016 § (f)].

10.10.080 Example permit and display instructions.

(a) Example OHV Permit. Any and all OHV permit display forms issued by the City of Saxman for use on an OHV to show current compliance at least five inches by seven inches in size which show at a minimum the words “City of Saxman,” “Off-Highway Vehicle Permit,” as well as an effective date, an expiration date, a permit number in yellow on a field of black in 100 point font and one-half of the public safety badge in color laminated front and back are considered valid.

(b) The fee for the replacement of lost permits is $10.00 payable to the City of Saxman.

(c) OHV permits will be displayed on a conspicuous area such as a rear fender in such a way as to be visible from a distance when following behind the OHV.

(d) Example Operator Permit. Any and all operator permit forms issued by the City of Saxman to be carried by OHV operators to show current compliance at least which show at a minimum the words “City of Saxman,” “Off-Highway Vehicle Operator Permit,” as well as an effective date, an expiration date, a permit number in yellow on a field of black and one-half of the public safety badge in color laminated front and back are considered valid.

[Ord. dated 3/16/2016 § (g)].

10.10.090 Appeal process.

Appeals regarding denied permits or citations issued will be handled in accordance with the City’s established fine collection and appeal process ordinance. [Ord. dated 3/16/2016 § (h)].