17 AAC 42.115. Impound

(a) This section applies only to aircraft and vehicles on an airport.

(b) Except in the case of an emergency or threat to public safety, the following impound procedure applies to an aircraft or vehicle parked or otherwise left unattended on an airport in violation of this chapter:

(1) the airport manager shall attempt to identify and locate the owner of the property and to have the owner remove it;

(2) the manager shall attach a warning tag or other written notice to the property that directs the owner to pay any fees due, to remove the property by the time and date that the manager states on the tag or notice, or to do both, and that states that failure to do so will result in impound of the property under this section; the time and date stated on the tag or notice may not be less than 48 hours nor more than 96 hours after the time and date the tag or notice is attached to the property; and

(3) if the owner has not timely paid the applicable fees or removed the property as directed on the tag or notice, the manager shall attach a tag or other written notice to the property stating that the property is impounded under this section and setting out the procedures for the owner to obtain the property from impound.

(c) If the airport manager determines that an emergency or threat to public safety exists and would be materially reduced by impound of property on the airport, the manager shall immediately impound the property and attempt to identify and notify the owner after the property has been impounded.

(d) After impounding property under (b) or (c) of this section, the airport manager shall, unless it is impractical to do so,

(1) attach a lock or other device to the property to prevent its use or relocation during impound; or

(2) tow or otherwise move or have moved the impounded property for storage until redemption or disposal.

(e) A person who leaves property subject to impound on an airport does so at the person's own risk.

(f) The airport manager shall assess against impounded property any impound fee and storage fee established under 17 AAC 42.125. The owner or operator of property that is impounded, or the agent of the owner or operator, may redeem the property from the airport manager only after paying the fees assessed and any costs that the department has incurred, including towing, legal, and administrative costs.

(g) Property not redeemed within 90 days after impoundment is considered permanently abandoned. Unless applicable law provides otherwise, the manager may sell, dispose of, destroy, donate, or retain for the department any property that is permanently abandoned. The manager shall deposit any proceeds from the disposition of abandoned property under this subsection into the revenue fund established under AS 37.15.430 .

History: Eff. 1/14/2001, Register 157

Authority: AS 02.15.020

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