A. The purpose of impoundment is for the protection of the public, and the removal of public nuisances and deterrence of violations of this section.

B. Officers of the Haines Borough police department or the state of Alaska Department of Public Safety may impound snow machines and ATVs whose operators have been cited upon the fourth citation of the operator under the provisions of this section.

C. Any snow machine or ATV operated or modified in a manner that violates this chapter may be hereby declared a public nuisance.

D. Any snow machine or ATV that is a public nuisance may be immediately impounded at the discretion of any police officer at the time of the violation or pursuant to a court order entered in the course of civil or criminal enforcement proceedings.

E. A police officer shall release an impounded ATV or snow machine to the owner upon receipt of proof of ownership, storage fees and civil fines owed to the borough or private citizen or upon a finding by the magistrate that the ATV or snow machine was impounded without probable cause.

F. The towing fees, impound fees and storage fees for snow machines and ATVs shall be determined by the Haines Borough, and shall include an administrative charge of $100.00 to offset processing costs.

G. An ATV or snow machine seized for impoundment shall be held in the custody of a facility approved by the borough.

H. An ATV or snow machine operated by, or driven by, or in the actual physical control of an individual cited for violation of any section of this chapter is presumed to have been so operated by the owner(s) thereof, or have been operated by another person with the knowledge and consent of the owner(s). An ATV or snow machine so operated is declared to be a public nuisance for which the owner(s) holds legal responsibility subject only to the defenses as set forth by law. (Ord. 16-09-443 § 8; Ord. 14-02-368 § 4)