Chapter 8.13
SNOWMOBILES AND OFF-ROAD VEHICLES Revised 7/18
Sections:
8.13.010 Negligent, reckless or vexatious operation.
8.13.020 Operator eligibility.
8.13.060 Seating for operators and passengers.
8.13.070 Parental responsibility.
8.13.075 Owner’s responsibility.
8.13.090 Registration decals. Revised 7/18
8.13.110 Registration decals not transferable.
8.13.140 Penalty. Revised 7/18
8.13.010 Negligent, reckless or vexatious operation.
A. No person shall operate an off-highway vehicle upon any street, roadway or alley located within city limits in a:
1. Reckless manner, as provided in AS 28.35.400(a);
2. Negligent manner, as provided in AS 28.35.410(a), so as to endanger the safety of any person or property; or
3. Vexatious manner, as defined in Section 8.13.130 so as to disturb the public peace in violation of Section 9.18.010.
B. Lawfully conducted snowmobile or other off-highway vehicle racing or exhibition events are not subject to the provisions of this section. (Ord. 91-11 §3(part); Ord. 88-12 §3(part))
8.13.020 Operator eligibility.
Individuals may operate an off-highway vehicle upon all streets and roadways within the city limits without a valid automobile operator’s license since the council has designated all streets and roadways as being exempted from the valid automobile operator’s license requirement for off-road vehicles. (Ord. 2005-07 §2: Ord. 2000-05 §5: Ord. 95-10 §4(part): Ord. 91-11(A) §3: Ord. 91-11 §3(part): Ord. 89-11 §2(part): Ord. 88-12 §3(part))
8.13.040 Helmets.
No person may:
A. Operate an off-highway vehicle other than a snowmobile without wearing a helmet which meets the safety standards set by the United States Department of Transportation, if the person is less than eighteen years of age;
B. Operate an off-highway vehicle other than a snowmobile while transporting a passenger who is less than eighteen years of age and who is not wearing such a helmet;
C. Ride as a passenger on an off-highway vehicle other than a snowmobile without wearing such a helmet, if the person is less than eighteen years of age. (Ord. 89-11 §2(part): Ord. 88-12 §3(part))
8.13.050 Required equipment.
A. No snowmobile or other off-highway vehicle may be operated upon any street within the city unless it is equipped with:
1. All equipment, in good working order, which is required for such a vehicle by 13 AAC 04.400 through 04.420 in the weather and light conditions under which the vehicle is operated; and
2. A muffler system, in good working order, which prevents operation of the vehicle from causing a violation of Section 9.18.010.
B. This section does not authorize any person to operate any vehicle which does not comply with any other equipment requirement which is applicable to the vehicle under state or federal statute or regulation. (Ord. 89-11 §2(part): Ord. 88-12 §3(part))
8.13.060 Seating for operators and passengers.
A person operating an off-highway vehicle on any street, roadway or alley within the city limits shall ride only on a permanent seat attached to the vehicle; and shall not carry another person on the vehicle unless it is equipped with seating for each person carried. No more than two people shall ride at a time on an off-highway vehicle, except that this section does not apply to a parent carrying an infant in amaaq. (Ord. 95-10 §4(part): Ord. 91-11 §3(part))
8.13.070 Parental responsibility.
No parent or guardian may authorize or knowingly permit a child under the age of sixteen to violate any provisions of this chapter. (Ord. 95-10 §4(part): Ord. 88-12 §3(part))
8.13.075 Owner’s responsibility.
The owner of a snowmobile or other off-highway vehicle may not authorize or knowingly permit another person to operate the vehicle in violation of the provisions of this chapter. (Ord. 95-10 §4(part): Ord. 89-11 §2(part))
8.13.080 Hearing procedures.
Pursuant to AS 47.10.010(b), a minor accused of a violation of this chapter shall be charged, prosecuted, and sentenced in the district court in the same manner as an adult. Subject to the provisions of AS 22.15.010 through 22.15.270, a person cited with a violation under this chapter shall answer the charge before the magistrate of the district court. (Ord. 89-11 §2(part): Ord. 88-12 §3(part))
8.13.090 Registration decals. Revised 7/18
A. A person may not operate or park a snowmobile or other off-highway vehicle on any street within the city unless the vehicle has been registered by a person at least eighteen years old with the city. An application for registration shall be filed with the city of Utqiaġvik office of the Department of Motor Vehicles upon forms provided by the city and the application shall furnish the following information:
1. The name, address and age of the person registering the vehicle;
2. A description of the vehicle, including the year, make, model and serial number;
3. Proof of ownership; and
4. Such other information as the mayor may require.
B. The registrant shall be provided a registration decal. A person may not operate or park a snowmobile or other off-highway vehicle on any street within the city unless a registration decal is affixed to the rear portion of the vehicle.
C. A registration decal is valid for as long as the registrant is the owner of the vehicle.
D. A failure to display the registration decal is a violation of this chapter and punishable pursuant to Section 8.13.140. No decal shall be obscure, hidden or damaged.
E. This section shall not apply to any vehicle at any time during which it:
1. Is validly registered with the state of Alaska pursuant to AS 05.30 or other applicable state statute or regulation; and
2. Displays numbered registration decals required by AS 05.30.040. (Ord. 02-2017 §2(part); Ord. 2008-20 §2; Ord. 89-11 §2(part): Ord. 88-12 §3 (part))
8.13.100 Registration fee.
No registration decal shall be issued until the applicant has paid a fee of five dollars to the city. Upon good showing, the mayor shall waive this fee. (Ord. 88-12 §3(part))
8.13.110 Registration decals not transferable.
Registration decals issued under this chapter are personal to the registrant and may not be sold, loaned, traded, or otherwise transferred by the registrant. (Ord. 88-12 §3(part))
8.13.130 Definitions.
For the purposes of this chapter, the following words and phrases shall have the following meanings:
A. “Off-highway vehicle” means an off-highway vehicle as defined by 13 AAC 40.010(30).
B. “Operate” means to have actual control over the operation of a vehicle.
C. “Operator” means a person who operates or is in actual control of a vehicle.
D. “Snowmobile” means a snowmobile as defined by 13 AAC 40.010(49) or a snow vehicle as defined by AS 05.30.120.
E. “Street,” “roadway” and “alley” each mean a street as defined by Section 1.04.010(R), and includes the full width of the street, whether or not developed or actually used for vehicular travel. Every “highway,” as defined by AS 28.40.100(a)(6) (including but not limited to the “roadway” portion thereof, as defined by AS 28.40.100(a)(14)), and every “vehicular way or area,” as defined by AS 28.40.100(a)(19), is a “street” for purposes of this chapter, if located within the city.
F. “Vehicle” means a snowmobile or an off-highway vehicle.
G. “Vexatious” means to operate a vehicle in such a manner as to cause excessive noise in violation of Section 9.18.010. Operation of a vehicle shall be presumed excessively noisy (i.e., “vexatious”) in violation of Section 8.13.010, if the sound emitted exceeds 85 dBA (decibels) as measured from fifty or more feet. (Ord. 91-11 §3(part); Ord. 89-11 §2(part): Ord. 88-12 §3(part))
8.13.140 Penalty. Revised 7/18
A violation of any provision of this chapter shall constitute an infraction and shall be punishable by a maximum fine of three hundred dollars, except that (A) no fine in excess of one hundred dollars shall be imposed for any violation of Section 8.13.090 or 8.13.110; (B) no fine in excess of seventy-five dollars shall be imposed for any violation of Section 8.13.050; and (C) no fine in excess of forty dollars shall be imposed for any violation of Section 8.13.060. (Ord. 12-2016 §4: Ord. 89-11 §2(part): Ord. 88-12 §3(part))