A. Discretionary impound.
1. A motor vehicle operated, driven or in the actual physical control of an individual arrested for or charged with an alleged violation of section
9.28.019, pertaining to driving while license suspended/revoked/cancelled, section
9.28.020, pertaining to driving while under the influence, section
9.28.022, pertaining to refusal to submit to chemical tests, or section
8.65.030, pertaining to soliciting, may be impounded and may be forfeited to the municipality in accordance with this section.
2. A motor vehicle operated, driven or in the actual physical control of an individual arrested for or charged with an alleged violation of section
9.28.030, pertaining to operating a motor vehicle without the required security in effect or proof of such security at the time of operation, may be impounded through a seizure of the vehicle incident to the citation or arrest, at the discretion of the officer or otherwise in accordance with this section.
B. It shall be presumed a vehicle operated by or driven by or in the actual physical control of an individual arrested for or charged with an alleged violation of section
9.28.030, section
9.28.019, section
9.28.020, section
9.28.022, or section
8.65.030, has been so operated by the registered owners thereof or has been operated by another person with the knowledge and consent of the registered owners. A vehicle so operated is declared to be a public nuisance for which the registered owners hold legal responsibility, subject only to the defenses as set forth by law. The purposes of this section and the impoundment and forfeiture provisions of sections
9.28.019,
9.28.020,
9.28.022,
9.28.030, and
8.65.030 include protecting the public, removing public nuisances, deterring driving under the influence, and protecting the public from uninsured motorists, but do not include the generation of revenue for the municipality.
C. General provisions.
1. In the case of an alleged violation of section
9.28.019,
9.28.020,
9.28.022, or
8.65.030, and in addition to the penalties set forth in those sections, the vehicle used in the alleged violation shall be impounded for 30 days if the person driving, operating, or in the actual physical control of the vehicle has not been previously convicted and shall be forfeited to the municipality if the person driving, operating, or in the actual physical control of the vehicle has been previously convicted. Impoundment may be accomplished through a seizure of the vehicle incident to an arrest or pursuant to a court order entered in the course of civil or criminal enforcement proceedings. Impoundment through a seizure of the vehicle incident to an arrest is at the discretion of the arresting officer.
2. A case seeking civil impoundment or forfeiture is heard and decided by the Alaska State Court.
3. Upon the request of the municipality or a claimant, a civil proceeding seeking impoundment or forfeiture shall be held in abeyance until conclusion of any pending criminal charges arising out of the incident giving rise to the forfeiture or impoundment action under section
9.28.019,
9.28.020,
9.28.022, or
8.65.030.
4. Upon motion by the municipality, if it appears there is reasonable cause for the seizure of a vehicle or for the filing of a complaint for impound or forfeiture, the court shall find:
a. Reasonable cause exists, or any such action was taken under a reasonable good faith belief it was proper;
b. The claimant is not entitled to costs or damages; and
c. The municipality is not liable to suit or judgment for the seizure, suit or prosecution.
d. A claimant who fails to establish the claimant's interest is exempt from forfeiture pursuant to subsection
C.6 shall pay reasonable costs and expenses of the municipality for the investigation and prosecution of the civil action, including reasonable attorney fees.
5. The civil impoundment or forfeiture of a seized vehicle under this section shall be through a civil action filed in Alaska State Court. The municipality may not bring an action for impoundment or forfeiture unless the action is brought within six months from the final disposition of the underlying criminal action against the driver operator of the seized vehicle.
6. A claimant of an ownership or security interest in the motor vehicle may avoid impound or avoid forfeiture of the claimant's interest in the civil action if the claimant establishes, by a preponderance of the evidence:
a. The claimant had a recorded interest in the motor vehicle at the time of the alleged violation or, if the interest was recorded after the alleged violation, the interest was acquired in good faith and not for purposes of avoiding impound or forfeiture;
b. A person other than the claimant was in possession of the vehicle and was responsible for or caused the act resulting in the impound or forfeiture;
d. In cases where the municipality filed a civil action to forfeit a seized vehicle, the claimant took reasonable steps to prevent, as the phrase is defined in subsection
F below, the person charged with violation section
9.28.019,
9.28.020,
9.28.022,
9.28.030, or
8.65.030 from violating section
9.28.019,
9.28.020,
9.28.022,
9.28.030, or
8.65.030.
e. A claimant who is a regulated lienholder meets its burden of proof under this subsection by filing with the court a copy of the vehicle's certificate of title or other security instrument reflecting the lien, together with an affidavit stating the amount of the lien and stating the claimant is a regulated lienholder and was not in possession of the vehicle at the time of the act resulting in the seizure of the vehicle. The presumptions provided in this subsection shall not apply to regulated lienholders.
f. For purposes of this section, when a person other than the claimant was in possession of the vehicle and was driving with a suspended, revoked, or cancelled license or in violation of a limited license or without a valid driver's license, it is presumed the claimant did have reasonable cause to believe the vehicle would be used in violation of section
9.28.019.
g. Also for purposes of this section, when the claimant and driver are not the same person and the claimant and driver have a familial relationship, such as husband and wife, father and daughter, mother and stepson, etc., or the claimant and driver live at the same address, it shall be presumed the claimant is responsible and the vehicle was operated by the driver, in violation of section
9.28.019,
9.28.020,
9.28.022,
9.28.030, or
8.65.030, with the knowledge and consent of the claimant.
h. If a claimant was in the vehicle at the same time the vehicle was being operated by the driver in violation of section
9.28.020 or
9.28.022, it shall be presumed the claimant knew and consented to operation of the vehicle in violation of section
9.28.020 or
9.28.022.
i. A claimant is not required by this subsection to take steps the person reasonably believes would be likely to subject any person (other than the person whose conduct gave rise to the impound or forfeiture) to physical danger.
j. For purposes of this section, corporations and other entities are deemed to have knowledge of the acts, omissions, and driving record of directors, officers, and other managers, regardless of whether the directors, officers, or other managers are acting within the scope of employment.
7. Within two days of seizure, parties with an interest in the vehicle, including lienholders, as shown on the vehicle ownership records of the State of Alaska, Division of Motor Vehicles, or an agency with similar responsibilities in another state, shall be served with notice of seizure by certified mail sent to the address of record as shown in the vehicle ownership records of the State of Alaska, or an agency with similar responsibility in another state, or residence address as indicated in the police report.
a. For purposes of computing the two-day period, the day the vehicle was seized is not included. For purposes of computing the two-day period, Saturdays, Sundays, and municipal holidays, are not included. This period may be reasonably extended for those instances when vehicle ownership records are not accessible from the State of Alaska, Division of Motor Vehicles, or an agency with similar responsibilities in another state.
b. The notice of seizure shall notify parties of the right to a post-seizure probable cause hearing if such hearing is requested, in writing, within ten days after the date the notice of the seizure is mailed, as evidenced by the postmark.
c. If notice is not provided, as required by this subsection, the municipality shall waive the administrative fee.
d. If a registered owner was personally served at the time of impoundment with a notice containing all the information required by this section, no further notice is required to be sent to that registered owner.
e. A notice of seizure that notifies a registered owner who was arrested for, or charged with, an alleged violation of section
9.28.019,
9.28.020,
9.28.022,
9.28.030, or
8.65.030 of the right to contest seizure under Alaska Criminal Rule 37(c) meets the requirement of subsection
C.7.b.
8. The municipality may enter into an agreement with the registered owner or lienholder of the vehicle to resolve a civil impound or forfeiture action arising under section
9.28.019,
9.28.020,
9.28.022,
9.28.030 or
8.65.030 and permit release of the vehicle. Any such agreement shall include:
a. Acceptance by the owner or lienholder of responsibility for meeting the requirements of subsection
C.9;
b. Agreement the owner or lienholder shall take reasonable steps to prevent the individual arrested for or charged with driving under the influence or with refusal to submit to chemical tests from operating the vehicle until properly licensed; and
c. Acknowledgment by the owner or lienholder that failure to fulfill the obligations under the agreement may result in forfeiture of the vehicle at the option of the municipality. This requirement shall not apply to a regulated lienholder required by other law or by the terms of the agreement creating the lien to permit the individual to recover the vehicle upon payment of the lien or cure of any default.
9. No vehicle shall be released unless the applicant:
a. Provides proof of insurance in a form acceptable to the municipality;
b. Provides proof of ownership or, if a lienholder, a legal right to repossess the vehicle; and
c. Pays or provides proof of payment of any costs imposed, including the impound fees, storage fees and any court costs imposed. The impound fee shall be the actual cost of impound plus an administrative charge of $410.00 to offset the municipality's processing costs for seizures of vehicles based on an alleged violation of section
9.28.019,
9.28.020,
9.28.022, or
8.65.030.
i. Notwithstanding subsection
C.9.c above, where the municipality declines or dismisses the criminal charges that correspond to a seizure of a vehicle based on an alleged violation of section
9.28.019,
9.28.020,
9.28.022, or
8.65.030, the administrative charge shall be $200.00.
ii. The administrative charge may be waived in exceptional cases or if it is in the best interests of the municipality. The administrative charge shall not be imposed if notice is not provided as required under subsection
C.7 or the administrative hearing officer finds no probable cause under subsection
C.13.
d. Pays or provides proof of payment of any costs imposed, including the impound fees, storage fees and any court costs imposed. The impound fee shall be the actual cost of impound plus an administrative charge of $200.00 to offset the municipality's processing costs for seizures of vehicles based on an alleged violation of section
9.28.030.
10. An acquittal or a conviction of a lesser offense in a criminal proceeding for a violation of chapter
9.28 provides a defense in a civil proceeding seeking impoundment or forfeiture of the vehicle, if that civil proceeding is based on the same conduct that forms the basis for the criminal charge.
11. Temporary release of vehicle pursuant to vehicle return bond.
a. A registered owner or lienholder may obtain temporary release of a vehicle seized by the municipality pursuant to this subsection.
b. The purpose of setting a vehicle return bond on the vehicle is to secure the presence of the vehicle and to provide security to be forfeited along with the proceeds of a sale, transfer, or encumbrance if the vehicle is sold, transferred, or encumbered after the vehicle has been released pending the final disposition in the criminal action against the driver of the seized vehicle or the final disposition in the civil action against claimants of the seized vehicle. If the vehicle's release has been obtained through the posting of a vehicle return bond and the vehicle is not returned according to the terms of release, or pursuant to the court's order, the municipality may, in addition to retaining the forfeited bond funds, seize the vehicle to implement the impoundment or forfeiture ordered by the court. A person who secures the release of a vehicle pursuant to a vehicle return bond must return the vehicle if required by the terms of the vehicle return bond or upon order of the court. If a vehicle has not been impounded for a longer period than the vehicle would be impounded if the person were convicted, the court shall not delete the requirement of the vehicle return bond or exonerate a posted vehicle return bond until the vehicle for which bond has been posted is returned pursuant to court order. A vehicle return bond shall be posted with the municipality and in cash only. A vehicle return bond shall be set at a minimum of:
ii. $500.00, if the person charged with a violation of section
9.28.019,
9.28.020,
9.28.022, or
8.65.030 has been previously convicted and the vehicle is 20 years old or older;
iii. $1,000.00, if the person charged with a violation of section
9.28.019,
9.28.020,
9.28.022, or
8.65.030 has been previously convicted and the vehicle is 15 years old or older but less than 20 years old;
iv. $1,500.00, if the person charged with a violation of section
9.28.019,
9.28.020,
9.28.022, or
8.65.030 has been previously convicted and the vehicle is ten years old or older but less than 15 years old;
v. $2,000.00, if the person charged with a violation of section
9.28.019,
9.28.020,
9.28.022, or
8.65.030 has been previously convicted and the vehicle is five years old or older but less than ten years old; and
vi. $2,500.00, if the person charged with a violation of section
9.28.019,
9.28.020,
9.28.022, or
8.65.030 has been previously convicted and the vehicle is less than five years old.
c. A vehicle return bond may be set above the minimum if the vehicle appears to have unusually high value for its age. A vehicle may not be released pursuant to a vehicle return bond unless release is in compliance with subsection
C.9.
d. If the person who secured the release of the vehicle does not cause the vehicle to be returned to impoundment for the purpose of impoundment or forfeiture in accordance with the terms of release, the bond is forfeited to the municipality. The municipality may also seek a court order forfeiting the bond and forfeiting the proceeds of any sale, transfer, or encumbrance to the municipality if the vehicle has been sold, transferred, or encumbered while subject to a vehicle return bond. Upon motion to the court, the court shall order forfeiture of the bond and any proceeds. For purposes of this subsection, it shall be presumed the amount of proceeds of any sale, transfer, or encumbrance is the assessed or appraised value of the seized vehicle as defined in subsection
F below.
e. Personal property in a vehicle subject to a vehicle return bond under this subsection and not released pursuant to that vehicle return bond may be recovered from a vehicle pursuant to section
9.54.030B by the owner or authorized agent being allowed at least one-time access to the towed vehicle free of charge. Subsequent access to the vehicle may be granted only to [BY] the owner of the vehicle and only upon payment of a fee charged for monitoring the recovery of such personal property. Such fee shall be set by contract between the towing and storage contractor and the municipality if it is not established by ordinance. Such fee shall be recoverable by the owner of the vehicle if a court makes a specific finding that seizure of the vehicle was legally unjustified or pursuant to a stipulation between the parties.
f. The court shall order the forfeiture of a vehicle return bond if a person charged under section
9.28.019,
9.28.020,
9.28.022, or
8.65.030 obtains temporary release of a seized vehicle and does not appear before the court as ordered.
12. For purposes of this section, time shall be calculated as set forth in Alaska Rule of Civil Procedure 6, unless otherwise stated.
13. When a timely request for a post-seizure probable cause hearing is made, a hearing shall be held before an administrative hearing officer. The hearing shall be held within three days after the request is received, excluding weekends and municipal holidays. The hearing may be postponed upon agreement of the parties.
a. The purpose of the hearing is to determine whether there was probable cause to seize the vehicle. The administrative hearing officer shall not make a final adjudication of impoundment or forfeiture of the vehicle. Findings by the administrative hearing officer shall not collaterally estop the issue of probable cause or any other factual or legal issue from being decided by the court.
b. The post-seizure probable cause hearing shall be by telephone unless otherwise requested by the administrative hearing officer or upon a showing of prejudice to either party.
c. If the law enforcement officer provides a signed police report or affidavit with the name and badge number or other identifying mark of the law enforcement officer to the administrative hearing officer, the law enforcement officer need not be present at the hearing unless requested by the person requesting the hearing or the administrative hearing officer.
i. For purposes of this subsection, the requirement of a signed police report may be satisfied by a police report bearing an officer's electronic signature.
ii. In the case where the presence of the law enforcement officer is requested, the hearing may be postponed an additional seven days in order to allow the law enforcement officer to be present.
iii. If the law enforcement officer is unavailable because of vacation, sickness, or other similar reason, the hearing may be postponed a reasonable time period in order to accommodate the law enforcement officer's unavailability.
d. If the person requesting a hearing fails to appear, the person shall waive the right to a hearing.
e. If the administrative hearing officer finds there was no probable cause to seize the vehicle:
i. The vehicle shall be released without municipal administrative fees; and
ii. The registered owner or lienholder may make a claim to the municipality for towing and storage.
14. The burden of proof for an action brought pursuant to this section is preponderance of the evidence.
15. For purposes of this section, the parties may agree to extend, reduce or otherwise alter the time limits set by this section.
16. The owner of a vehicle or the designated agent of the owner of a vehicle that is the subject of an impoundment or forfeiture action may relinquish to the municipality any ownership interest possessed by the owner as part of an agreement to resolve the action.
17. Nothing in this section shall be construed to place upon a regulated lienholder a duty to inquire into the driving record of any loan applicant or any member of the loan applicant's family or household, and failure to do so shall not be usable as evidence against the regulated lienholder in any forfeiture proceeding or other civil action.
18. Upon motion of the municipality, the court shall void the transfer of title or any interest in a seized vehicle occurring subsequent to the seizure of the vehicle pursuant to this section.
a. If the vehicle is temporarily released pursuant to a vehicle return bond and the transferee is able to establish by a preponderance of the evidence the transferee did not know the municipality seized the vehicle, the court shall order the transferor to forfeit the proceeds from the sale, transfer, or encumbrance to the municipality.
b. For purposes of this subsection, it shall be presumed the amount of proceeds of any sale, transfer, or encumbrance is the assessed value of the seized vehicle.
D. Impoundment.
1. A motor vehicle operated, driven, or in the actual physical control of an individual arrested for, or charged with, an alleged violation of section
9.28.019,
9.28.020,
9.28.022, or
8.65.030 may be ordered impounded either upon conviction of the defendant of a violation of section
9.28.019,
9.28.020,
9.28.022, or
8.65.030, or upon the decision of a court in a separate civil proceeding. To obtain an order for impoundment in a contested proceeding, the municipality must establish by a preponderance of the evidence that the vehicle was operated, driven, or in the actual physical control of an individual who was acting in violation of section
9.28.019,
9.28.020,
9.28.022, or
8.65.030.
2. A vehicle may be seized for impound under the circumstances set forth in subsection
E.3.
3. A vehicle seized incident to an arrest may be held by the municipality for up to two days before the owner or lienholder may obtain release of the seized vehicle.
a. For purposes of computing the two-day period, the day the vehicle was seized is not included. For purposes of computing the two-day period, Saturdays, Sundays and municipal holidays are not included.
4. A vehicle ordered impounded under this section shall be held for a period of 30 days. An impoundment order may be made either upon conviction of the defendant of a violation of section
9.28.019,
9.28.020,
9.28.022, or
8.65.030 or upon decision of a court in a separate civil proceeding.
5. Vehicles ordered impounded under this section not claimed at the end of the 30-day, court-ordered period of impoundment may be disposed of pursuant to the provisions of AS
28.10.502.
a. If the contents of the vehicle have not been recovered before such disposal, the contents may be disposed of with the vehicle.
b. Personal property in a vehicle subject to a vehicle return bond under subsection
C.11 above, and not released pursuant to that vehicle return bond may be recovered from a vehicle only by the owner of the vehicle and only upon payment of a fee charged for monitoring the recovery of such personal property.
c. Each tow operator shall allow at least one-time access to the towed vehicle by the vehicle owner or authorized agent to remove items pursuant to section
9.54.030B. Additional access to the vehicle prior to a release may be subject to a fee for monitoring the recovery of personal property as set by contract between the towing and storage contractor and the municipality if it is not established by ordinance.
d. The fee for monitoring the recovery of personal property shall be recoverable by the owner of the vehicle if a court makes a specific finding the seizure of the vehicle was legally unjustified or pursuant to a stipulation between the parties.
6. Civil release of the vehicle does not affect or change the criminal proceedings incurred as a result of the violation.
E. Forfeiture.
1. To obtain an order for forfeiture under this section in a contested proceeding, the municipality must establish by a preponderance of the evidence that:
a. The vehicle was operated, driven or in the actual physical control of an individual who was acting in violation of section
9.28.019,
9.28.020 or
9.28.022, or
8.65.030; and
b. The individual has been previously convicted.
2. A motor vehicle operated, driven or in the actual physical control of an individual arrested or charged with an alleged violation of section
9.28.019,
9.28.020,
9.28.022, or
8.65.030 may be forfeited to the municipality either upon conviction of the defendant of a violation of section
9.28.019,
9.28.020,
9.28.022, or
8.65.030 or upon decision of a court in a separate civil proceeding.
3. A motor vehicle may be seized and towed to a secure location by a peace officer or a peace officer's designee upon an order issued by a court having jurisdiction over the motor vehicle upon a showing of probable cause that the motor vehicle may be forfeited or impounded under this section, section
9.28.019,
9.28.020,
9.28.022, or
8.65.030. Seizure without a court order may be made if:
a. The impoundment is incident to an arrest;
b. The motor vehicle has been ordered impounded or forfeited and that order has not yet been executed; or
c. There is probable cause to believe the motor vehicle was operated, driven or in the actual physical control of an individual in violation of section
9.28.019,
9.28.020,
9.28.022, or
8.65.030.
d. A vehicle seized incident to an arrest may be held by the municipality for up to two days before the owner or lienholder can obtain release of the seized vehicle.
e. For purposes of computing the two-day period, the day the vehicle was seized is not included. For purposes of computing the two-day period, Saturdays, Sundays, and municipal holidays are not included.
4. A motor vehicle seized for the purpose of forfeiture or impoundment shall be held in the custody of the police department or a private corporation authorized by the chief of police to retain custody of the motor vehicle, subject only to the orders and decrees of the court having jurisdiction over any forfeiture or impoundment proceedings. If a motor vehicle is seized under this section, section
9.28.019,
9.28.020,
9.28.022, or
8.65.030, the chief of police, or authorized designee shall allow at least one-time access to the towed vehicle by the vehicle owner or authorized agent to remove items pursuant to section
9.54.030B. Thereafter the chief of police, or authorized designee may:
a. Remove the motor vehicle and any contents of the motor vehicle to a place designated by the court; or
b. Take custody of the motor vehicle and any contents of the motor vehicle and remove it to an appropriate location for disposition. No private corporation may make or perform a contract to tow, store, or retain custody of motor vehicles seized or impounded under this section, section
9.28.019,
9.28.020,
9.28.022, or
8.65.030 if any of the owners of that private corporation have been convicted of a felony or any crime involving larceny, theft, or receiving and concealing stolen property within ten years before the date of execution of the contract or during the term of the contract. No private corporation may make or perform a contract to tow, store, or retain custody of motor vehicles seized or impounded under this section, section
9.28.019,
9.28.020,
9.28.022, or
8.65.030 if any of the employees of that private corporation have been convicted of a felony or any crime involving larceny, theft, or receiving and concealing stolen property within five years before the date of execution of the contract or during the term of the contract.
5. Following a forfeiture order under this section, section
9.28.019,
9.28.020, or
9.28.022, or
8.65.030, the chief of police, or authorized designee, shall make an inventory of the contents of any motor vehicle seized. Personal property in a vehicle subject to a vehicle return bond under subsection
C.11 and not released pursuant to that vehicle return bond or pursuant to section
9.54.030B may be recovered from a vehicle only by the owner of the vehicle and only upon payment of a fee charged for monitoring the recovery of such personal property. Such fee shall be set by contract between the towing and storage contractor and the municipality if it is not established by ordinance. Such fee shall be recoverable by the owner of the vehicle if a court makes a specific finding the seizure of the vehicle was legally unjustified or pursuant to a stipulation between the parties.
6. A claimant may petition the court for sale of a motor vehicle before final disposition of court proceedings. The court shall grant a petition for sale upon a finding the sale is in the best interest of the municipality. Proceeds from the sale plus interest to the date of final disposition of the court proceedings become the subject of the forfeiture action.
7. Property forfeited under this section, section
9.28.019,
9.28.022, or
8.65.030 shall be disposed of by the chief of police, or authorized designee, in accordance with this subsection. Property forfeited under this section, section
9.28.019,
9.28.020,
9.28.022, or
8.65.030 includes both the vehicle that is the subject of the forfeiture action and the contents of the vehicle, if those contents have not been recovered before the date of the disposal. The chief of police, or authorized designee, may:
a. Sell the property at an auction conducted by an auctioneer not employed by the impound contractor and use the proceeds for payment of all proper expenses of seizure, custody, the costs of the auction, court costs, and municipal attorney fees, provided if such sale is arranged for by the impound contractor, the municipality shall receive at least 30 percent of the proceeds of any sale of forfeited vehicles following deduction for the costs charged by the auctioneer for the auction of those vehicles regardless of whether the costs of impound and storage exceed the value of the forfeited vehicles sold;
b. Take custody of the property and use it in the enforcement of the municipal and state criminal codes; or
d. Property forfeited and sold at auction pursuant to this section, section
9.28.019,
9.28.020,
9.28.022, and
8.65.030 shall be sold by an auctioneer approved before the auction by the chief of police, or authorized designee.
i. Before the auction, the chief of police, or authorized designee, must approve in advance the auctioneer's costs or the method for determining the auctioneer's costs.
ii. The impound contractor shall provide to the chief of police, or authorized designee, a copy of the auctioneer's report of the auction notarized by the auctioneer.
iv. The chief of police may adopt rules and regulations to implement this section.
8. Upon a showing a claimant is entitled to remittance in accordance with this section, the court shall order that:
a. If the claimant is entitled to the motor vehicle, it shall be delivered to the claimant immediately subject to section
9.28.026C.9; or
b. If the claimant is entitled to remittance of some value less than the total value of the motor vehicle, the claimant is entitled at the claimant's choice to receive either the value of the claimant's interest after the sale of the vehicle at an auction following deduction of the costs of the auction or, upon request and payment of the difference in value by the claimant, the motor vehicle itself.
c. When a vehicle is subject to forfeiture under this section, and when the vehicle is sold and the lienholder interest exceeds the sale price, the owner may be held responsible for the difference and the municipality's costs.
9. The storage and impound costs as well as any court costs imposed for vehicles seized under this section shall be borne by the person redeeming such vehicle as owner or in behalf of the owner or as having an interest in the vehicle. The amount of such costs shall be determined as provided in subsection
C.9.
10. In a contested forfeiture proceeding concerning a vehicle titled in the names of more than one owner on the certificate of title, the court shall apply this subsection.
a. If one owner does not avoid forfeiture, the court may order the forfeiture of the entire interest of all the owners in a vehicle titled in the names of more than one owner in the disjunctive. Title in the disjunctive is significant by the use of the word "or" between the names of the owners listed on the certificate of title.
b. If such owner does not avoid forfeiture, the court shall order the forfeiture of the interest of any owner in a vehicle titled in the names of more than one owner in the conjunctive. Title in the conjunctive is signified by use of the word "and" between the names of the owners listed on the certificate of title. Owners of a vehicle titled in the names of more than one owner in the conjunctive are presumed to own the vehicle in equal shares.
c. In circumstances described in this subsection, the court shall order the vehicle be sold at public auction and further order the proceeds from the sale of the vehicle be held by the treasury division of the municipality's finance department.
d. After deduction of the reasonable costs of the auction, an amount of the proceeds of the auction for the sale of that vehicle which is equal to the interests of the owners whose interests have not been forfeited shall be returned to those owners, if those owners apply to the treasury division of the municipality's finance department within 60 days of the auction.
i. If the owners whose interests have not been forfeited do not apply within that period, those funds become the property of the municipality subject to the rights of any other claimant to those funds.
11. Property subject to the interest of a lienholder whose interest has not been forfeited may not be disposed of as provided in this section without the consent of the lienholder. A regulated lienholder's interest in a vehicle shall not be subject to forfeiture in any case where:
a. The individual who allegedly used the vehicle in violation of section
9.28.019,
9.28.020,
9.28.022, or
8.65.030 is not the person whose dealings with the lienholder gave rise to the lien; or
b. The vehicle the individual was driving, operating, or was in actual physical control of at the time of the alleged violation was not the vehicle involved in the event giving rise to the conviction.
F. Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:
"Assessed or appraised value of a motor vehicle"means the value set out in the National Automobile Dealers Association Book (NADA) for the same or similar make and model and accessorized motor vehicle. In the event there is no NADA value for a motor vehicle, the value shall be set at a minimum of $500.00.
"Legally unjustified"means there was:
1. No reasonable suspicion for the stop of the vehicle leading to an arrest for soliciting, driving without a valid license, driving under the influence, operating a motor vehicle that is public nuisance under section
9.28.035, or operating without the required security based on the individual allegedly operating, driving, or being in actual physical control of the vehicle; or
2. No probable cause for the arrest of an individual for soliciting, driving without a valid license, driving under the influence, operating a motor vehicle that is public nuisance under section
9.28.035, or operating without the required security based on the individual allegedly operating, driving, or being in actual physical control of the vehicle.
"Previously convicted"means:
1. If charged with violating section
9.28.019, having been convicted in this or another jurisdiction of operating a motor vehicle while their license is canceled, suspended or revoked, or in violation of a limitation, under section
9.28.019 or another law or ordinance with substantially similar elements within ten years preceding the date of the present offense.
2. If charged with violating either section
9.28.020 or
9.28.022, having been convicted in this or another jurisdiction of operating a motor vehicle, aircraft, or watercraft while under the influence under section
9.28.020 or another law or ordinance with substantially similar elements, or of refusal to submit to a chemical test under section
9.28.022 or 28.35.032 or another law or ordinance with substantially similar elements.
3. If charged with violation section
8.65.030C or another law or ordinance with substantially similar elements within ten years preceding the date of the present offense.
4. Convictions for violation of sections
9.28.020 and
9.28.022 arising out of a single transaction and a single arrest are considered one previous conviction.
"Reasonable steps to prevent"means the claimant has the burden of showing, by a preponderance of the evidence, that:
1. The claimant secured the keys to the vehicle or the vehicle itself in a way that should have prevented the person charged with violating this chapter from obtaining access to the vehicle; or
2. Informed the police, before seizure of the vehicle, the vehicle was being operated in violation of this chapter; or
3. Permitted the person charged with violating this chapter to operate the vehicle only after examining what appeared to be a valid driver's license; or
4. Expressly prohibited operators of the vehicle, who are not registered owners of the vehicle, from permitting other third-parties to operate the vehicle.
"Registered owner"means the owner of the vehicle at the time of offense, as shown in the vehicle ownership records of the State of Alaska, Division of Motor Vehicles or another agency with similar responsibilities in another state, but may include subsequent good faith purchasers.
"Regulated lienholder"means an entity whose lien on the vehicle is a result of lending activities subject to regulation by the National Credit Union Administration, the comptroller of the currency or other federal banking regulators, the Federal Trade Commission, or the state department of commerce and economic development.
(AO No. 82-205; AO No. 83-168, 10-17-1983; AO No. 93-87(S-2), 1-1-1994; AO No. 94-71(S), § 1, 4-26-1994; AO No. 95-84(S-1), § 18, 4-27-1995; AO No. 95-163(S), §§ 10—19, 8-8-1995; AO No. 97-87, § 3, 6-3-1997; AO No. 2001-51, § 1, 2-27-2001; AO No. 2001-72, § 1, 7-1-2002; AO No. 2001-139, § 2, 7-1-2002; AO No. 2001-150, § 6, 8-28-2001; AO No. 2003-73, §§ 12—14, 4-22-2003; AO No. 2003-106, §§ 7, 8, 7-1-2003; AO No. 2003-152S, § 2, 1-1-2004; AO No. 2003-155, § 2, 6-1-2004; AO No. 2004-61, § 1, 3-2-2004; AO No. 2006-89(S), § 1, 6-6-2006; AO No. 2006-115, § 1, 9-12-2006; AO No. 2007-60, § 2, 11-1-2007; AO No. 2007-161, § 3, 12-11-2007; AO No. 2008-126, § 1, 1-6-2009; AO No. 2010-76, § 4, 10-26-2010; AO No. 2010-81(S-1), § 8, 12-7-2010, eff. 1-1-2011; AO No. 2012-16, § 3, 2-14-2012, retro eff. 12-22-2011; AO No. 2012-55, § 1, 7-10-2012; AO No. 2015-126, § 2, 1-1-2016; AO No. 2024-77, § 1, 9-10-2024, eff. 4-1-2025)