17 AAC 45.115. Impound

(a) Except as provided in (b) of this section, the following impound procedure applies to aircraft and vehicles parked in violation of this chapter, aircraft and vehicles that are derelict as described in (h) of this section, and other personal property abandoned on an airport:

(1) the 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 14 days after the time and date the tag or notice is attached to the property;

(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.

(b) If an airport manager determines that an emergency or threat to public safety exists and would be materially reduced by impound of property on an airport, the manager shall immediately impound the property and attempt to identify and notify the owner after the property has been impounded. In addition, where a sign, signal, or other traffic control device indicates that parking is prohibited and subject to towing and impound, the manager shall immediately impound a vehicle left unattended and attempt to identify and notify the owner after the property has been impounded.

(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.

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

(e) The department will charge the following storage fees:

(1) for an aircraft, the greater of $250 or three times the transient aircraft parking fee that would be due under 17 AAC 45.600 for transient aircraft parking from the date the aircraft first became parked in violation of this chapter through the date the aircraft is released from impound, regardless of whether transient aircraft parking fees otherwise apply at the airport or parking location; and

(2) for a vehicle and other personal property, the greater of $25 per day of impound or $100.

(f) The owner of, operator of, or agent for property that is impounded may redeem the property from the department only after paying the applicable fee assessed under (e) of this section, plus any costs that the department has incurred in connection with the impound, 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 department may sell, dispose of, destroy, donate, or retain for the department any property that is permanently abandoned, and retain any proceeds from the sale of such property. The department may seek reimbursement for any costs that the department incurs in connection with an impoundment, including towing, legal, and administrative costs, from a person who owns property as of the date that the property is considered permanently abandoned on an airport under this section.

(h) For purposes of this section, an aircraft or vehicle is derelict if its presence and location at the airport is not expressly authorized by the airport manager and it is, or reasonably gives the appearance of being, forsaken, abandoned, deserted, or cast away; an aircraft is presumed to be derelict if the aircraft has been non-airworthy on an airport for a period of 30 consecutive days or more and a vehicle is presumed to be derelict if the vehicle has been inoperable on an airport for the same minimum period.

History: Eff. 3/28/2002, Register 161

Authority: AS 02.15.020

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