The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
"Emergency"
means a situation where there exists a substantial likelihood of serious harm to either property or persons, and conditions are such that it is impossible or highly impractical to use a car to accomplish the purpose for which the O.H.V. is being used.
"Off-highway vehicle" and "O.H.V."
A. 
The terms "off-highway vehicle" and "O.H.V." mean any self-propelled vehicle when used for the purpose of recreational off-highway travel on land, water, snow, ice, marsh, swampland and other natural terrain or a combination thereof, including but not limited to:
1. 
Any motorcycle or motor-driven cycle which is designed for and generally and commonly used for off-road recreational travel or any motorcycle when being used for such purpose.
2. 
Any snowmobile or other vehicle which is designed for travel over snow or ice.
3. 
Any motor vehicle commonly referred to as a dune buggy, swamp buggy or all-terrain vehicle.
4. 
Amphibious vehicles, ground effects or air cushion vehicles and any other means of land transportation deriving motive power from any source other than muscle or wind.
B. 
The term "off-highway vehicle" does not include:
1. 
Any vehicle which is primarily designed for travel on or in the water.
2. 
Any military owned vehicles when used by the military or other authorized state or U.S. government agency.
"Operate"
means to drive or be in actual physical control of an O.H.V.
"Operator"
means every person who operates an O.H.V.
"Organized competitive events"
means any competition, advertised in advance through written notice to organized clubs or published in local newspapers, sponsored by recognized clubs, and conducted at a predetermined time and place.
"Owner"
means a person, other than a lienholder, having the property interest in or the title to an O.H.V., and who is entitled to the use or possession thereof.
"Park" and "municipal park "
have the same meaning as those words are used in title 25 of this Code.
"Register"
means the act of assigning a registration number to an O.H.V. as required by the state department of public safety.
(CAC 9.42.010; AO No. 78-72; AO No. 89-52; AO No. 2011-113(S), § 119, 11-22-2011, eff. 12-22-2011)
A. 
No person may drive, operate, stop or move an O.H.V. in the following ways or under the following circumstances, which are declared to be unsafe and unlawful:
1. 
Upon a sidewalk, alley, street, roadway, shoulder or median within the municipality, except to cross a street when traveling from one municipally authorized O.H.V. area to another and provided that such crossing is at an angle of approximately 90 degrees to the direction of the street about to be crossed and at a place where no obstruction prohibits a quick and safe crossing and the O.H.V. is brought to a complete stop before crossing the shoulder or main-traveled way, and driver of the O.H.V. yields the right-of-way to all other traffic legally traveling on the street about to be crossed.
2. 
On the private property of another without the express permission to do so by the owner or occupant of the property. Such permission shall be in writing and carried by the O.H.V. operator and displayed upon demand to a peace officer or other appropriate authority. Nothing in this subsection shall be construed to limit the power of the municipality to exercise procedures and remedies set forth in any other provision of this Code.
3. 
In a careless, reckless or negligent manner so as to endanger the person or property of another, or to cause injury or damage to such person or property.
4. 
While under the influence of intoxicating liquor, drugs or a combination of intoxicating liquor and drugs. Section 9.28.020 shall apply to prosecutions under this subsection. Every person who is convicted of violating this subsection shall be punished as provided in section 9.48.010D.
5. 
Within 500 feet of any established skating rink, sliding area, skiing area or any other recreation area where the operation of an O.H.V. would endanger persons or property or conflict with the recreational use.
6. 
So as to knowingly or intentionally chase, run over or kill any animal.
7. 
Without having such O.H.V. registered if required in accordance with the requirements of AS 28.10.011 or AS 28.39.010. If the O.H.V. is a snowmobile the numbered registration decals shall be displayed on the snowmobile as required by AS 28.39.040(e), and the registration certificate issued by the state shall be in possession of a person operating the snowmobile or carried in the snowmobile as required by 2 AAC 92.110. This certificate shall be waterproofed or contained in a waterproofed device and protected from mutilation. The certificate shall be clearly legible and available at all times while the snowmobile is in operation.
8. 
While transporting firearms or other weapons used for the purpose of hunting, in other than in an unloaded and encased condition when transporting a firearm and in other than an unstrung condition when transporting a bow.
9. 
While operating or riding an O.H.V., without wearing a properly fitted full coverage crash helmet, which has an approved current Snell Foundation or equivalent rating or meets standards of the U.S. Standards Institute Safety Code Z90.1-1966. Such rating shall be affixed to the helmet. This subsection does not apply to an operator or passenger of an O.H.V. riding within an enclosed cab of the vehicle.
B. 
Violation of subsection A.1, A.2, A.3, A.4, A.5 or A.6 of this section is a public nuisance.
1. 
An O.H.V. found to constitute a public nuisance under this chapter may be impounded immediately by the police department unless a reasonable and expeditious alternative to impoundment is readily apparent and available. The police department shall release an impounded O.H.V. only upon proof of ownership, and payment in full of reasonable charges for storage and towing by the owner, unless the court affirmatively finds the officer issued the citation without probable cause, and when ownership is established the municipal police will complete a release authorization and provide it to the owner.
2. 
Nothing within this chapter shall be construed as limiting the power of a police officer or other authorized municipal official to impound an O.H.V. and retain it as evidence or for safekeeping as long as necessary when the operator or owner of the machine has been arrested, and the impoundment is reasonably necessary to protect the O.H.V. from theft, damage, vandalism or similar circumstances.
C. 
Nothing in this chapter shall be construed to prohibit the operation of an O.H.V. by a person for an emergency purpose only, by a police officer or other public official in furtherance of lawful and official duties, by a municipal agency or an authorized contractor for the purpose of maintaining any public utility or conducting lawful construction activities, or by an organization conducting an off-road competitive event, provided that such event meets the criteria set forth in this chapter for such events and that such event has been authorized by the municipal agency having such authority.
(CAC 9.42.020; AO No. 78-72; AO No. 89-52; AO No. 91-155; AO No. 94-68(S), § 33, 8-11-1994; AO No. 2011-113(S), § 120, 11-22-2011, eff. 12-22-2011)
No person may drive or operate an O.H.V. unless the O.H.V. is equipped with:
A. 
A headlamp, with or without nonmultiple beams so aimed and of sufficient intensity to reveal persons and vehicles at a distance of at least 100 feet ahead during hours of darkness under normal atmospheric conditions. Such headlamp shall be so aimed that glaring rays are not projected into the eyes of an oncoming driver.
B. 
At least one rear lamp exhibiting a red light plainly visible from a distance of 500 feet to the rear during hours of darkness under normal atmospheric conditions.
C. 
A return-to-idle spring in working order capable of returning the O.H.V. engine's carburetor to the closed position.
D. 
If the O.H.V. is a snowmobile, a rear snowflap of sufficient material to contain a cleat, if thrown from the track, installed in a permanent manner and which shall be held down so as to contain all debris at all speeds.
E. 
Equipment such that the O.H.V. complies with the requirements and limitations of section 9.44.330.
F. 
Adequate brakes to control the movement of and to stop and hold the vehicle under normal conditions of operation.
G. 
Standard mufflers for production models in operating condition which are properly attached and meet any other requirements of section 9.44.330, and no person may use a muffler cutout, bypass or similar device on the vehicle.
(CAC 9.42.030; AO No. 78-72; AO No. 89-52; AO No. 2011-113(S), § 121, 11-22-2011, eff. 12-22-2011)
No person may drive or operate the engine of an O.H.V. within the municipality between the hours of 10:00 p.m. and 7:00 a.m., unless such operation is required for emergency purposes or is in an area not a business or residential district, and does not interfere with the sleep, work or reasonable right to peace or privacy of any person.
(CAC 9.42.040; AO No. 267-76; AO No. 78-72; AO No. 89-52)
A. 
An operator of an O.H.V. shall be required to have a valid current motor vehicle operator's license or permit, or be accompanied by a licensed driver who is occupying a seat in or on the O.H.V. if such O.H.V. is equipped with a seat that is designed for carrying passengers, or be in the immediate presence of a licensed driver on another O.H.V. if the O.H.V. being operated is not designed for carrying passengers.
B. 
The provisions of this section shall not apply to the operation of an O.H.V. on the private property of the owner, when the O.H.V. is operated by and the only occupant is the owner of the private property.
(CAC 9.42.060; AO No. 78-72; AO No. 89-52)
A. 
No person may operate, drive or stop an O.H.V. on lands not owned by the operator or owner of the O.H.V. in any area or in such a manner as to unreasonably expose the underlying soil, to create an erosion condition, or to injure, damage or destroy trees, growing crops or other vegetation. In addition to any penalties provided in this Code for violations of municipal ordinances, the operator of an O.H.V. shall be liable for any damage to property, including damage to trees, shrubs, growing crops or other vegetation injured as the result of travel by the O.H.V., and the owner of such property may recover three times the amount of actual damage from the operator.
B. 
Operation of an O.H.V. may be permitted in or upon a park or other municipally owned property when such area has been designated as an O.H.V. area by the municipal agency having such authority, or in other specific areas temporarily designated by the municipal agency having such authority for controlled or special O.H.V. events. The operator of an O.H.V. shall remain within the specific boundaries so designated for permitted O.H.V. operation. The absence of any officially posted signs or other markers around such areas shall not be construed to limit the power of the municipality to exercise procedures and remedies set forth in any other provisions of this Code.
(CAC 9.42.070; AO No. 78-72; AO No. 89-52)
No person may operate an O.H.V. while towing a sled, toboggan or other object, unless such sled, toboggan or other object is attached to the O.H.V. by a rigid bar and the towed object is equipped with a red reflector.
(CAC 9.42.080; AO No. 78-72; AO No. 89-52)
A. 
It is unlawful for a parent or guardian of any person under 18 years of age to authorize or knowingly permit that person to violate any provision of this chapter.
B. 
It is unlawful for the owner or person in possession of any O.H.V. to authorize or knowingly permit any other person who is under the age of 18 years to use such O.H.V. in violation of any provision of this chapter.
(AO No. 78-72; AO No. 89-52)
All provisions of title 13 of the Alaska Administrative Code regulating traffic and the operation of motor vehicles upon streets shall apply to the operation of an O.H.V., except for those relating to required equipment, and except for those which by their nature can have no application. Except as provided in this section, the driver or operator of an O.H.V. shall comply with all traffic rules and regulations governing motor vehicles and their equipment.
(GAAB 19.110.010; AO No. 78-72; AO No. 80-4; AO No. 89-52; AO No. 2011-113(S), § 122, 11-22-2011, eff. 12-22-2011)