Skip to main content
Loading…
This section is included in your selections.

It is unlawful for any person to operate an off-road vehicle in the City of Kenai:

(a) On public or private property without the express or implied consent of the owner, authorized agent, or representative. Upon conviction of a violation of this section, the court shall impose a fine of not less than one hundred dollars ($100.00).

(b) On municipal park lands, except where specifically authorized, municipal playgrounds and school playground areas except by special authorization or in a specially designated area. Notwithstanding, wheelchairs may be operated on park lands and playgrounds by persons with mobility disabilities, subject to the other provisions of this chapter. Upon conviction of a violation of this section, the court shall impose a fine of not less than one hundred dollars ($100.00). Upon conviction of a violation of this section, the court shall impose a fine of not less than one hundred dollars ($100.00).

(c) On a City or State maintained roadway, sidewalk, or on a path or trail designated for bicycles or pedestrians, unless such travel is necessary to go around an obstruction or hazard. Notwithstanding, and subject to the other provisions of this chapter, a person may operate a wheelchair or an electric personal motor vehicle on sidewalks and on paths or trails designated for bicycles or pedestrians, on a City-maintained roadway for the purpose of crossing the road, and on the far right-hand edge of a City-maintained roadway for general movement where there is an absence of a sidewalk or pedestrian/bicycle path. Upon conviction of a violation of this section, the court shall impose a fine of not less than one hundred dollars ($100.00).

(d) On any City or State road right-of-way that has been landscaped, seeded, or otherwise improved. Upon conviction of a violation of this section, the court shall impose a fine of not less than one hundred dollars ($100.00).

(e) In such a manner as to produce sufficient noise to disturb the peace and quiet of another.

(f) In such a manner as to cause damage to improved property or destruction to the terrain.

(g) The court may offer a defendant convicted of a violation of this section the option of performing community work in lieu of a fine or a portion of the fine if the court finds the defendant is unable to pay the fine. The hourly value of community work in lieu of fine is to be the Alaska minimum wage.

(h) The court may order a defendant convicted of a violation of this section to make restitution to the victim or other person injured by the offense. Prior to ordering any such restitution, the court must make an inquiry into the amount of restitution the defendant could reasonably be expected to pay. A defendant is presumed to have the ability to pay restitution unless the defendant establishes the inability to pay by a preponderance of the evidence. An order of restitution under this section does not limit any civil liability of the defendant arising out of the defendant’s conduct.

(i) For purposes of this section, the term “person” includes the State of Alaska or a political subdivision thereof in addition to the meaning set forth in KMC 10.05.030.

(j) Not withstanding the provisions of this section, the City or State, or agents, may operate machinery or off-road vehicles in otherwise prohibited areas for public safety, maintenance, repair, cleaning and upkeep.

(Ords. 883, 1171, 1719-96, 2284-2008, 2576-2011)