Ordinance 15-42 Amend HCC 7 and 10 to Vehicle, Traffic and Parking

CITY OF HOMER

HOMER, ALASKA

City Manager/Police Chief

ORDINANCE 15-42

 

AN ORDINANCE OF THE HOMER CITY COUNCIL, AMENDING HCC 7.04.010, STATE STATUTES ADOPTED BY REFERENCE, HCC 7.04.030, VIOLATION—PENALTY, AND HCC 10.04.100, VEHICLES AND OTHER WHEELED CONVEYANCES, REPEALING HCC CHAPTER 7.08, STOPPING OR PARKING, AND ENACTING HCC CHAPTER 7.10, STOPPING, STANDING AND PARKING, TO INCORPORATE IN THE CITY CODE ALL VEHICLE AND TRAFFIC STATUTES AND REGULATIONS OF THE STATE OF ALASKA CREATING MINOR OFFENSES AND TO REVISE AND CONSOLIDATE CITY PARKING REGULATIONS, AND TO PRESCRIBE PENALTIES FOR TRAFFIC AND PARKING VIOLATIONS.

 

THE CITY OF HOMER ORDAINS:

 

Section 1. Homer City Code 7.04.010, State statutes adopted by reference, is amended to read as follows:

 

7.04.010  State traffic laws statues adopted by reference.

The city adopts by reference all vehicle and traffic statutes and regulations of the state of Alaska creating minor offenses, as that term is defined in Minor Offense Rule 2 of the Alaska Rules of Court, as they presently exist and as they may be revised in the future, as part of the traffic code for the city.  Pursuant to AS 28.01.010, the City adopts by reference the following State statutes and regulations:

13 AAC 02.005 through 13 AAC 02.560, inclusive (motor vehicle and driving offenses: rules of the road);

13 AAC 04.001 through 13 AAC 04.420, inclusive (motor vehicle and driving offenses: vehicle equipment and inspection);

13 AAC 40.010 (definitions);

AS 28.05.095 (use of seat belts and child safety devices required);

AS 28.10.451 (failure to register vehicle);

AS 28.10.461 (driving vehicle without evidence of registration);

AS 28.10.471 (driving vehicle when registration suspended, revoked or permit expired);

AS 28.11 (abandoned vehicles);

AS 28.15.131 (license to be carried and exhibited on demand);

AS 28.22.019 (proof of insurance to be carried and exhibited on demand);

AS 28.35.235 (unauthorized use of parking reserved for persons with disabilities);

AS 28.39.010 (snowmobile registration);

AS 28.39.040 (display of snowmobile registration);

AS 28.90.990 (definitions).

 

Section 2.  Homer City Code 7.04.030, Traffic fine schedules, is amended to read as follows:

 

7.04.030 Traffic fine schedules Violation—penalty.

a. State traffic fine schedule adopted by reference. The city adopts as its traffic fine schedule for state offenses the "Traffic Bail Forfeiture Schedule" and the "Oversize Vehicle Bail Forfeiture Schedule" in Administrative Rules 43.1 and 43.6 of the Alaska Rules of Court and any other bail forfeiture schedules relating to vehicles adopted by the Alaska Supreme Court. In addition, the city adopts all amendments of those schedules that become effective after the effective date of this ordinance.  Citations for offenses listed on these schedules may be disposed of as provided in AS 12.25.195-.230, without a court appearance, upon payment of the amounts listed plus the state surcharge required by AS 12.55.039 and AS 29.25.074. If a person charged with one of these offenses appears in court and is found guilty, the penalty imposed for the offense may not exceed the amount listed for that offense on the schedule. Citations charging these offenses must meet the requirements of Minor Offense Rule 3 of the Alaska Rules of Court.  If an offense is not listed on the fine schedule, the defendant must appear in court to answer to the charges.  For violations of statutes and regulations listed in HCC 7.04.010, the city adopts as its traffic fine schedule the schedule of minor traffic offenses and bail forfeiture amounts contained in Rule 43.1 of the Alaska Rules of Administration.

b. Fine schedule for local traffic offenses:  In accordance with AS 28.05.151(a), citations for offenses listed in this title, not otherwise provided by state law, may be disposed of as provided in AS 12.25.195-.230, without a court appearance, upon payment of the fine amounts listed below plus the state surcharge required by AS 12.55.039 and AS 29.25.074. Fines must be paid to the court. The Rules of Minor Offense Procedure in the Alaska Rules of Court apply to all offenses listed below. Citations charging these offenses must meet the requirements of Minor Offense Rule 3. If a person charged with one of these offenses appears in court and is found guilty, the penalty imposed for the offense may not exceed the scheduled fine amount plus any surcharge required to be imposed by AS 12.55.039 and AS 29.25.074. The fine amounts listed below are doubled for motor vehicle or traffic offenses committed in a highway work zone or traffic safety corridor, as those terms are defined in AS 28.90.990 and 13 AAC 40.010(b).  An offense listed in this schedule may not be disposed of without court appearance if the offense is in connection with a motor vehicle accident that results in the death of a person.

For violations of provisions of this title other than statutes and regulations listed in HCC 7.04.010, the city adopts the following traffic fine schedule:

 

Code Section

Code Section Title

Fine per Day

7.06.010(b)

Muffler not working properly

Corr/$500

7.06.010(c)

Muffler modified/excessive noise

Corr/$500

7.06.010(d)

Muffler removed or inoperative

Corr/$500

7.06.010(e)(1) or (e)(2)

Noise exceeds limits

first violation $100;

second violation within 6 months of first conviction $200;

third violation within 6 months of any prior conviction $300

7.06.010(e)(3)

Sale of vehicle exceeding noise limits

first violation $100;

second violation within 6 months of first conviction $200;

third violation within 6 months of any prior conviction $300

7.06.020

Improperly muffled engine brake use prohibited

First violation $100

Second violation within 6 months of first conviction $200 plus proof of satisfactory Homer PD commercial vehicle inspection

Third violation within 6 months of any prior conviction $300 plus proof of satisfactory Homer PD commercial vehicle inspection

7.08.020

Stopping or parking—Where prohibited

$25.00

7.08.021

Starting parked vehicles

$100.00

7.08.030

Stopping or parking—Size limitation

$25.00

7.08.040

Stopping or parking—Time limitation

$25.00

7.08.045

Unauthorized use of parking reserved for persons with disabilities

first violation $125;

second violation $250

7.08.045

Unauthorized use of parking reserved for persons with disabilities while displaying special license plate or permit

first violation $250;

second violation $500

7.08.058

Removal of impoundment notice or impounded vehicle prohibited

$300.00

7.10.020

Limited time parking; parking permits

$25.00

7.10.030

Parking in city parking lots

$25.00

7.10.040

Vehicle length limitation

$25.00

7.10.090

Removal of impoundment notice or impounded vehicle prohibited

$300.00

7.20.030

Use of snow machines

$300.00

7.20.040

Time restriction

$300.00

7.20.050

Driver's license requirement

$300.00

7.20.055

Operation in designated areas

$300.00

7.20.060

Towing

$300.00

7.28.020

Motor vehicle parking

$30.00

7.28.030

Short-term parking area

$30.00

7.28.040

Limited long-term parking area

$30.00

7.28.050

Reserved parking

$30.00

10.04.100(b)

Restricted parking in harbor

$25.00

 

A citation for an offense listed as "Corr" must be dismissed (or voided) if proof of correction is presented to a Homer police department vehicle inspector within 30 days. If the required repair is not made and shown to a vehicle inspector within the specified time, the offense may be disposed of without court appearance as provided in (c) of this section.

c. A person cited for an offense for which a fine is established in subsection (a) or (b) of this section may mail or personally deliver to the Finance Director the amount of the fine indicated on the citation for the offense plus any surcharge required to be imposed by AS 12.55.039 and AS 29.25.074, together with a copy of the citation signed by the person indicating the person’s waiver of court appearance, entry of plea of no contest, and forfeiture of the fine. A citation for a scheduled offense may be mailed or personally delivered within fifteen (15) days after the date of the citation. The payment of a fine under this subsection shall be treated as a judgment of conviction. The fine paid is complete satisfaction for the offense.  If a person cited for an offense for which a fine amount is established in subsection (a) or (b) of this section appears in court to contest the citation and is found guilty, the maximum sentence which may be imposed is the scheduled fine amount plus any surcharge required to be imposed by AS 12.55.039 and AS 29.25.074.

 

Section 3.  Homer City Code Chapter 7.08, Stopping or Parking, is repealed.

 

Section 4.  Homer City Code Chapter 7.10, Stopping, Standing and Parking, is enacted to read as follows:

 

Chapter 7.10

STOPPING, STANDING AND PARKING

 

Sections:

7.10.010  City traffic authority.

7.10.020  Limited time parking; parking permits.

7.10.030  Parking in city parking lots.

7.10.040  Vehicle length limitation.

7.10.050 Separate offense.

7.10.060  Vehicle impoundment procedure.

7.10.070  Impoundment hearing.

7.10.080  Form of demand for hearing – Hearing officer.

7.10.090  Removal of impoundment notice or impounded vehicle prohibited.

7.10.010 City traffic authority.

 

In this chapter, the term “city traffic authority” means the chief of police, and in the Homer harbor, the harbormaster.

 

7.10.020 Limited time parking; parking permits.

(a) The city traffic authority may by placing official traffic control devices, designate parking time limits or prohibit stopping, standing or parking, on those parts of a street where the city traffic authority has determined that demand for parking, traffic congestion or public safety warrants the designation or prohibition. No person may stop, stand, or park a vehicle in violation of such an official traffic control device.

(b) The city traffic authority may by placing official traffic control devices, establish parking by permit only limits on those parts of a street where the city traffic authority has determined that demand for parking warrants the designation.  No person may stop, stand, or park a vehicle in violation of such an official traffic control device.

(c) Notwithstanding (a) and (b) of this section, the city traffic authority may issue permits to occupy parking spaces on a street for a duration that the applicant demonstrates is necessary to accommodate a temporary activity such as a special event, construction project, or loading or unloading.

 

7.10.030 Parking in city parking lots.

(a) The city traffic authority may:

(1) Establish time limits for parking in city parking lots;

(2) Designate city parking lots for paid parking, and establish fees for paid parking in city parking lots; and

(3) Designate city parking lots for permit parking, and the fees and qualifications for obtaining a permit.

(b) The city shall notify the public of time limits in city parking lots, fees required to park in city parking lots, and permit requirements for parking in city parking lots by the placement of official traffic control devices. No person may stop, stand, or park a vehicle in violation of such an official traffic control device.

(c) No person may park a vehicle, boat or other conveyance in a city parking lot for a period exceeding 24 hours while displaying a sign offering the vehicle, boat or other conveyance for sale.

(c) Notwithstanding (b) of this section, the city traffic authority may issue permits to occupy parking spaces in a city parking lot for a duration that the applicant demonstrates is necessary to accommodate a temporary activity such as a special event, construction project, or loading or unloading.

 

7.10.040 Vehicle length limitation.

The city traffic authority may by placing official traffic control devices, establish the maximum length of a vehicle or combination of vehicles that may stop, stand or park at any place on a street or city parking lot.  No person may stop, stand, or park a vehicle in violation of such an official traffic control device.

 

7.10.050 Separate offense.

Each day in which a violation of HCC 7.10.020, 7.10.030 or 7.01.040 continues shall constitute a separate offense.

 

7.10.060 Vehicle impoundment procedure.

a. The procedure set forth in this section through HCC 7.10.080 shall apply whenever a motor vehicle is subject to impoundment (including booting) and removal pursuant to motor vehicle, traffic or parking codes or laws, including without limitation unlawful stopping, standing, or parking under any provisions of the City code or regulations adopted thereunder.

b. An impoundment is effective when a written order of impoundment is placed on a vehicle. An order of impoundment shall identify the vehicle, state the reasons for impoundment, and be dated and signed by a police officer or an authorized peace officer. An impounded vehicle may be immediately towed and removed to a safe place upon the order of a police officer or peace officer.

c. Upon impoundment, a notice of procedure options shall be placed on the vehicle, and within six hours a copy shall be personally delivered or placed in the U.S. mail addressed to the owner of the vehicle. The notice shall state substantially as follows:

ATTENTION: Your vehicle has been impounded by the City of Homer. As the owner of an impounded vehicle, you have the following options:

(A) You may recover possession of the vehicle by paying to the person having custody of the vehicle the towing and storage fees that may have accrued.

(B) If you take issue with the impoundment of your vehicle, you may:

(i) Recover possession of the vehicle by paying the towing and storage fees that have accrued to such person and claim a refund by filing a demand (on a form provided by the city) for an administrative hearing before a hearing officer as to whether there was a sufficient factual and legal basis for impounding your vehicle; or

(ii) Demand (on a form provided by the city) an administrative hearing before a hearing officer as to whether there was a sufficient factual and legal basis for impounding your vehicle.

To be entitled to such a hearing, your written demand must be filed with the City Clerk (a) within 5 workdays after you learned that your vehicle was impounded or was missing; or (b) within 15 workdays after the city mailed notice to the vehicle’s registered owner that the vehicle had been impounded; whichever occurs first. If you fail to make a timely request for a hearing you will lose all right to challenge the sufficiency of the basis for impoundment.

If timely requested, the hearing must be held within 48 hours after the filing of your written demand, not including Saturdays, Sundays, and city holidays. A determination that there was an insufficient factual or legal basis for impounding your vehicle will require the release of the vehicle to you without your having to pay the towing and storage fees, or will entitle you to a refund if you have already paid the fees.

A hearing may be demanded by filing the appropriate form with the City Clerk at 491 E. Pioneer Avenue, Homer between 8:00 a.m. and 5:00 p.m. on any day other than Saturday, Sunday and city holidays.

 

7.10.070 Impoundment hearing.

a. If demand is timely made, the owner or the person entitled to possession of a vehicle is entitled to an administrative hearing to determine whether there was a sufficient factual and legal basis for impoundment of the vehicle. To be entitled to such a hearing a written demand must be filed with the City Clerk (1) within five workdays after the owner or person entitled to possession learned that the vehicle was impounded or was missing; or (2) within 15 workdays after the City delivered or mailed the notice required by HCC 7.10.060(c) to the vehicle’s registered owner; whichever occurs first. If no timely request for a hearing is made, the factual and legal basis for impoundment will be conclusively deemed sufficient for all purposes.

b. The hearing will be held within 48 hours after the filing of a timely written demand, not including Saturdays, Sundays, and City holidays.

c. The hearing officer shall not be bound by formal rules of evidence. A copy of the fully completed and signed order of impoundment will constitute prima facie proof of sufficient factual and legal basis for impoundment. The burden will be on the vehicle owner to prove by a preponderance of the evidence that there was an insufficient factual or legal basis for impounding the vehicle.

d. A determination by the hearing officer that there was an insufficient factual or legal basis for impounding the vehicle will require the release of the vehicle to the owner or other person entitled to possession without payment of the towing and storage fees, or will entitle the person to a refund if the fees have already been paid.

e. The City will be responsible for payment or refund of the towing and storage fees for any vehicle impounded under this chapter if the hearing officer determines that there was an insufficient factual or legal basis for such impoundment.

 

 

7.10.080 Form of demand for hearing – Hearing officer.

a. The City Clerk shall prepare and make available a form of demand for a hearing pursuant to HCC 7.10.070. Upon receipt of demand for a hearing the City Clerk shall immediately forward the demand to the City Manager or his designee, who shall schedule an administrative hearing and notify all parties.

b. The City Manager shall appoint one or more persons who shall serve as hearing officers to conduct hearings pursuant to HCC 7.10.070. No police officer or peace officer with authority to impound an improperly parked vehicle shall be eligible to serve as hearing officer.

 

7.10.080 Removal of impoundment notice or impounded vehicle prohibited.

a. Unless authorized by a police officer or peace officer with authority to enforce parking laws and regulations, it is unlawful for any person to remove an impoundment order from a vehicle upon which it has been posted.

b. Unless authorized by a police officer or peace officer with authority to enforce parking laws and regulations, it is unlawful for any person to move a vehicle after it has been posted with an impoundment order.

 

Section 5.  Homer City Code 10.04.100, Vehicles and other wheeled conveyances, is amended to read as follows:

 

10.04.100 Vehicles and other wheeled conveyances.

a. The Harbormaster may designate restricted parking areas in the harbor area. In a restricted parking area, the Harbormaster may:

1. Establish time limits for parking;

2. Designate areas for paid parking, and establish fees for paid parking there; and

3. Designate areas for permit parking, and establish the fees and qualifications for obtaining a permit.

“Restricted parking” areas pertain to the parking of any vehicle or trailer, private or commercial.

b. The Harbormaster shall notify the public of time limits in restricted parking areas, fees required to park in restricted parking areas, and permit requirements for parking in restricted parking areas by the placement of official traffic control devices. No person may stop, stand or park a vehicle in violation of such an official traffic control device. Every day in which such a violation continues shall constitute a separate offense.

ac. No person other than an employee of the City or other person acting on City business shall drive a vehicle upon trails in the harbor area that are designated for pedestrian or bicycle use the inside gravel slope of the small boat harbor except in case of emergency. Parking or leaving boats, trailers and/or other vehicles and equipment related thereto by the public shall be limited to specific areas designated for such use.

bd. Hauling out boats on skids is prohibited unless approved in advance by the Harbormaster.

 

Section 6.  This Ordinance is of a permanent and general character and shall be included in the City Code.

 

ENACTED BY THE CITY COUNCIL OF HOMER, ALASKA, this ____ day of ______________ 2015.

 

CITY OF HOMER

 

______________________
MARY E. WYTHE, MAYOR

ATTEST:

____________________________

JO JOHNSON, MMC, CITY CLERK

 

AYES:

NOES:

ABSTAIN:

ABSENT:

 

 

First Reading:

Public Hearing:

Second Reading:

Effective Date:

 

Reviewed and approved as to form:

 

 

                                                                                                                                                                                     

Mary K. Koester, City Manager                                           Thomas F. Klinkner, City Attorney

 

Date: _________________________                               Date: _________________________