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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 public way (including sidewalk, bike path, alley, highway, street, roadway, shoulder or median) within the city except to cross a public way; provided, that such crossing is:

a. At an angle of approximately 90 degrees to the direction of the public way about to be crossed and at a place where no obstruction prohibits a quick and safe crossing, and

b. The O.H.V. is brought to a complete stop before crossing the shoulder or main traveled way, and the driver of the O.H.V. yields the right-of-way to all other traffic traveling on the public way about to be crossed; provided, this provision does not apply to operation of an O.H.V. on the New Glenn Highway where, incidentally, state law applies;

2. On park land or the private property of another (to include, without limitation, the Alaska Railroad) 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;

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;

5. To knowingly or intentionally chase, run over or kill any animal;

6. Without having such O.H.V. registered if required in accordance with the requirements of AS 05.30.010 through 05.30.050 and 05.30.080, which are adopted by reference as if fully set forth herein. If the O.H.V. is a snow vehicle, in addition to displaying the numbered registration decals on each side of the cowling of the snow vehicle as required by AS 05.30.040(b), the registration certificate issued by the Alaska Department of Public Safety shall be affixed at all times to the main structural portion of the snow vehicle. 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 snow vehicle is in operation;

7. While transporting firearms or other weapons used for the purpose of hunting, in other than an unloaded and encased condition when transporting a firearm, and in other than an unstrung condition when transporting a bow.

B. Violation of subsection (A)(1), (2), (3), (4) or (5) of this section is a public nuisance. 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 (1) proof of ownership, (2) payment in full by the owner of reasonable charges for storage and towing, unless the court affirmatively finds the officer issued the citation without probable cause, and (3) the posting of suitable bond, approved by a judge or magistrate of the district court as surety for court appearance when such bond is required. 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. 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; or to impound an O.H.V. solely by its definition as a public nuisance under this chapter.

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 the furtherance of his or her lawful and official duties; by a city agency or public utility or any authorized contractor of either 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 city manager having such authority. (Ord. 464 § 4, 1993)