Section 28.01.010. Provisions uniform throughout state.

   (a) The provisions of this title and the regulations adopted under this title are applicable within all municipalities of the state.  A municipality may not enact an ordinance that is inconsistent with the provisions of this title or the regulations adopted under this title.  A municipality may not incorporate into a publication of traffic ordinances a provision of this title or the regulations adopted under this title without specifically identifying the provision or regulation as a state statute or regulation.
   (b) A municipality may adopt by reference all or a part of this title and regulations adopted under this title, and may request and shall receive from the Department of Commerce, Community, and Economic Development and, as appropriate, either the Department of Administration or the Department of Public Safety, assistance in the drafting of model ordinances for adoption by reference. Notwithstanding (a) of this section, a municipality may enact necessary ordinances to meet specific local requirements.
   (c) A copy of all traffic ordinances enacted by a municipality shall be forwarded to the commissioner of public safety and specific notice of any inconsistent ordinances shall be given by the municipality when the copy of the ordinances is forwarded. So far as practicable, the section number identifying a particular municipal traffic ordinance must be the same as the section number identifying a corresponding provision of this title or regulations adopted under this title.
   (d) A municipality shall erect necessary official traffic control devices on streets and highways within its jurisdiction that as far as practicable conform to the current edition of the Alaska Traffic Manual prepared by the Department of Transportation and Public Facilities. The municipality
        (1) shall post a sign indicating that the school is a "drug-free school zone" at each location in which it has installed a sign identifying the location of a school;
        (2) may post a sign at each recreation and youth center indicating that the center is a "drug-free recreation and youth center zone"; in this paragraph, "recreation or youth center" has the meaning given in AS 11.71.900.
   (e) Copies of all traffic ordinances enacted by a municipality shall be incorporated in a manual and made available to the general public.
   (f) Regulations adopted pertaining to a matter partially or wholly governed by this title must be mutually consistent and compatible, and must complement each other, as far as practicable. For the purpose of uniformity, the Department of Administration or the Department of Public Safety, whichever is appropriate, shall offer and receive reasonable assistance in the coordination and adoption of these regulations.
   (g) Regulations adopted under this title must, as far as practicable, conform to the recommendations of the current edition of the Uniform Vehicle Code adopted by the National Committee on Uniform Traffic Laws and Ordinances.
   (h) A municipality may issue a citation for a traffic offense only if the citation complies with the provisions of AS 12.25.175 and 12.25.200.
   (i) A municipal parking citation trial or appeal process and fees charged for it must be substantially similar to the applicable trial or appeal process adopted by the Alaska Supreme Court or imposed by law.
   (j) A court may not enforce a municipal ordinance prescribing a penalty for driving while under the influence of an alcoholic beverage, inhalant, or controlled substance or refusal to submit to a chemical test unless that ordinance imposes ignition interlock device requirements under this title.

Authorities

12.55.039;28.35.261;29.35.210

Notes

References

13 AAC 02.280
13 AAC 03.280
2 AAC 90.210
AS 12.55.039 Surcharge.
AS 28.35.261 Operation of low-speed vehicles.
AS 29.35.210 Second class borough powers.

History

(Sec. 1 ch 91 SLA 1974; am Sec. 1, 2 ch 241 SLA 1976; am Sec. 1 - 5 ch 178 SLA 1978; am Sec. 7 ch 63 SLA 1991; am Sec. 6 ch 70 SLA 1994; am Sec. 3 ch 47 SLA 1996; am E.O. No. 99 Sec. 21 - 23 (1997); am Sec. 2 ch 97 SLA 2008; am Sec. 38 ch 29 SLA 2010)