Revising Administrative Rule 43.3, 1594

Full title: Revising Administrative Rule 43.3, Parks Bail Forfeiture Schedule, to…

Court: Supreme Court of Alaska

Date published: Apr 15, 2006

Order No. 1594 (Alaska Apr. 15, 2006)

Opinion

Order No. 1594.

April 15, 2006.

IN THE SUPREME COURT OF THE STATE OF ALASKA. ORDER NO. 1594.

IT IS ORDERED:

Administrative Rule 43.3 is amended to read as follows:

Rule 43.3. Parks Bail Forfeiture Schedule.

Pursuant to AS 41.21.960(b), the following offenses committed within a park or recreational facility are amenable to disposition without court appearance upon payment and forfeiture of the bail amounts listed. If a person charged with one of these offenses appears in court and is found guilty, the fine imposed for the offense may not exceed the bail amount for that offense listed below. An offense for which a bail forfeiture amount has been established shall be charged on a citation which meets the requirements of District Court Criminal Rule 8(c) and shall not be filed, numbered, or processed as a criminal case.

Regulation Description of Offense Bail 11 AAC 12.02025 50 11 AAC 12.02075 100 11 AAC 12.020lot area 11 AAC 12.050150 200 11 AAC 12.050150 200 11 AAC 12.050100 150 Motor vehicle operations Operating 50 motor vehicle under age 14 11 AAC 12.120Horses Use of horses in closed areas (a) Pets Bringing pets into prohibited areas; 50 failure to use leash/control pets 11 AAC 12.150Construction of signs Construction or 50 display of signs without permit 11 AAC 12.160Assembly Assembly of more than 20 50 people without permit 11 AAC 12.180 11 AAC 12.190 (not for legal hunting) Explosives Discharge of explosives 100 without permit 11 AAC 12.200Underwater diving Failure to use diver's 50 flag while engaged in underwater diving Unattended camps and equipment in 50 150 developed campground Leaving camps and equipment unattended in developed campground Unattended camps and equipment in 50 150 undeveloped area Leaving camps and equipment unattended in undeveloped area 11 AAC 12.23050 100 ground site or designated camping space 11 AAC 12.230 11 AAC 12.230developed 11 AAC 12.230 11 AAC 12.230Camping where signs prohibit. Camping 50 where prohibited 11 AAC 12.23011 AAC 12.230(l) Camping in undeveloped area more 100 than 10 days 11 AAC 12.230(m) Camping within 300 feet of a public use 100 cabin of a boat of a 11 AAC 12.240Vandalism to Vandalizing 200 300 11 AAC 12.245(a) Fees Failure to pay fees or obtain 50 permit 11 AAC 12.335Violating Violation of 11 AAC 18.040 11 AAC 20.015 11 AAC 20.045using illegal 100 means 11 AAC 20.115(a) Use of motorized boats in closed areas 100 (Kachemak Bay State Park) 11 AAC 20.115(b) Use of personal watercraft in closed 200 areas (Kachemak Bay State Park) 11 AAC 20.115(c) Operating motor boat in violation of no 100 wake zone (Kachemak Bay State Park) 11 AAC 20.365(4) Use of generators (Wood-Tikchik State 100 ¹ Park) 11 AAC 20.365(5) Operating motorized boats or aircraft in 100 ^fn1 violation of no wake zones (Lake Aleknagik State Recreation Site) 11 AAC 20.365(5) Operating aircraft in violation of 200 designated aircraft landing zones (Lake Aleknagik State Recreation Site) 11 AAC 20.375(b) Unauthorized landing of helicopter 300 (Wood-Tikchik State Park) 11 AAC 20.380(b) Use of airboats (Wood-Tikchik State 200 Park) 11 AAC 20.380(c) Use of personal watercraft (Wood-Tikchik 200 State Park) 11 AAC 20.380(d)(1) Use of hovercraft during closed season 200 (Wood-Tikchik State Park) 11 AAC 20.380(d)(2) Use of hovercraft in closed areas 200 (Wood-Tikchik State Park) 11 AAC 20.380(e) Use of motorized boat (Lake 200 Chikuminuk) (Wood-Tikchik State Park) 11 AAC 20.383 Violation of watercraft use zones 200 ^fn1 (Agulowak River) (Wood-Tikchik State Park) 11 AAC 20.395 Violation of commercial permit use 300 ^fn1 limitations 11 AAC 20.397(a)(1) Boating without permit (Tikchik River) 100 (Wood-Tikchik State Park) 11 AAC 20.397(a)(2) Camping without permit in restricted 100 areas (Wood-Tikchik State Park) 11 AAC 20.397(b) Party size exceeds 10 people (Wood-Tikchik 100 ^fn1 State Park) 11 AAC 20.860Kenai River boat power restricted to 35 150 h.p. Operating motor rated greater than 35 horsepower in restricted areas (Kenai River Special Management Area) 11 AAC 20.860Kenai River boat power not clearly 50 marked. Failure to clearly mark boat horsepower rating (Kenai River Special Management Area) 11 AAC 20.862 11 AAC 20.862, May 15 — July 31 11 AAC 20.86211 AAC 20.862(g)(1) Operating or towing a motorized boat in 100 areas closed to motorized boats per 5 AAC 56.023 (Kenai River Special Management Area) 11 AAC 20.862(g)(2) Operating or towing a motorized boat in 100 areas closed to motorized boats per 11 AAC 20.865 (Kenai River Special Management Area) 11 AAC 20.870No wake area — Kenai Lake Outlet Operating boat or aircraft at speed greater than 5 mph in designated no wake area (Kenai Lake Outlet) (Kenai River Special Management Area) 11 AAC 20.875 (Kenai River Special Management Area) or 50 other prohibited areas (Kenai River Special Management Area) c e on Kenai River (Kenai River Special Management Area) d f (Kenai River Special Management Area) f h 11 AAC 20.905Use of alcoholic beverages Unauthorized use of alcoholic beverages 11 AAC 20.918prohibited 100 areas 11 AAC 20.919prohibited 100 areas 11 AAC 20.958Use of bicycle in area or manner not 50 allowed Use of bicycle in prohibited area or manner not allowed 11 AAC 21.010150 200 11 AAC 21.010150 200 (Alaska Chilkat Bald Eagle Preserve) 11 AAC 21.015Unauthorized use Use (Alaska Chilkat Bald Eagle Preserve) 11 AAC 21.035Vandalism to Vandalizing 200 300 11 AAC 21.045Construction of signs Unauthorized 50 construction or display of signs Explosives Use of explosives without 100 permit 11 AAC 21.055 11 AAC 21.100Commercial activities Engaging in 100 commercial activities without permit 11 AAC 21.105Closure and use management Violation 100 of permit conditions

1 11 AAC 20.365 adopts the Wood-Tikchik State Park Management Plan by reference. The Plan may be found athttp://www.dnr.state.ak.us/parks/plans/woodt/woodtpln.htm.

(a) Failure to comply with traffic or parking $ control sign (b) Placing or operating a vehicle beyond boundaries established by barriers (c) Placing or operating a vehicle except on 200 a road or parking (a) Bringing refuse or waste into park for disposal (b) Contaminating state park water (c) Littering in a state park 11 AAC 12.110 50 11 AAC 12.130 Fire not in campstove or authorized 100 park structure Use of firearm or other weapon in park 150 11 AAC 12.195 11 AAC 12.220(a) 11 AAC 12.220(b) (a) Camping outside developed camp (b) Unauthorized camping over 15 days 50 (c) Return to campground in 15 200 days or less (f) Excessive noise during campground 75 quiet hours (11 p.m. to 6 a.m.) (h) (j) Leaving food/food container accessible 50 to bears 11 AAC 12.235(a) Unauthorized anchoring and mooring 50 for more than 30 days 11 AAC 12.235(b) Anchoring and mooring a boat or 50 structure where prohibited 11 AAC 12.235(c) Unauthorized anchoring and mooring of 50 boat or structure when left unattended more than 72 hours park resources or property Use of park cabin, facility, or site without 100 permit 11 AAC 12.250 (e) closure or use 100 restriction 11 AAC 18.030(c) Violation of non-competitive commercial 100 permit stipulation (g) Violation of competitive commercial 100 permit stipulation (b) Operating off-road vehicle on Eklutna 100 Lakeside Trail when prohibited (Chugach State Park) (6) Recreational gold panning (Chugach State Park) (b) (e) (a) Operating motor boat with more than six 100 persons on board (Kenai River Special Management Area) (b) Anchored boat obstructing channel 100 (Kenai River Special Management Area ) (c) Anchored buoy left unattended (Kenai 100 River Special Management Area) 50 Water skiing except on Kenai Lake 50 11 AAC 20.880 Camping on Kenai River islands 11 AAC 20.885() Operating boat with 50 expired, suspended, or revoked guide number or sticker 11 AAC 20.885() Sale of guide boat without notification or 100 removal of sticker 11 AAC 20.885() Failure to remain within sight or sound 100 of clients during guided activity (Kenai River Special Management Area) 11 AAC 20.890(a) Renting boats without permit (Kenai 100 River Special Management Area) 50 (7) Recreational gold panning in (Kenai State Parks) (5) Recreational gold panning in (Independence Mine State Historical Park) (Perseverance State Trail) (a) Bringing refuse or waste into preserve for disposal (Alaska Chilkat Bald Eagle Preserve) (b) Placing refuse or waste that contaminates preserve water (a) of weapon within 150 ½ mile of developed facility preserve property or facility (Alaska Chilkat Bald Eagle Preserve) (Alaska Chilkat Bald Eagle Preserve) 11 AAC 21.050 (Alaska Chilkat Bald Eagle Preserve) Use of cabin without payment of fee 100 (Alaska Chilkat Bald Eagle Preserve) (e) (Alaska Chilkat Bald Eagle Preserve) (f) (Alaska Chilkat Bald Eagle Preserve) DATED: February 9, 2006 EFFECTIVE DATE: April 15, 2006 /s/ ______________________________ Chief Justice Bryner /s/ ______________________________ Justice Matthews /s/ _______________________________ Justice Eastaugh /s/ _______________________________ Justice Fabe /s/ ______________________________ Justice Carpeneti