Alaska Statutes
Alaska Stat. § 28.01.010 (2026)
Provisions uniform throughout state
✓ current as of July 2026
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Sec. 28.01.010. Provisions uniform throughout state.
(a) The provisions of this title and the regulations adopted under this title are applicable within all municipalities of the state. A municipality may not enact an ordinance that is inconsistent with the provisions of this title or the regulations adopted under this title. A municipality may not incorporate into a publication of traffic ordinances a provision of this title or the regulations adopted under this title without specifically identifying the provision or regulation as a state statute or regulation.
(b) A municipality may adopt by reference all or a part of this title and regulations adopted under this title, and may request and shall receive from the Department of Commerce, Community, and Economic Development and, as appropriate, either the Department of Administration or the Department of Public Safety, assistance in the drafting of model ordinances for adoption by reference. Notwithstanding (a) of this section, a municipality may enact necessary ordinances to meet specific local requirements.
(c) A copy of all traffic ordinances enacted by a municipality shall be forwarded to the commissioner of public safety and specific notice of any inconsistent ordinances shall be given by the municipality when the copy of the ordinances is forwarded. So far as practicable, the section number identifying a particular municipal traffic ordinance must be the same as the section number identifying a corresponding provision of this title or regulations adopted under this title.
(d) A municipality shall erect necessary official traffic control devices on streets and highways within its jurisdiction that as far as practicable conform to the current edition of the Alaska Traffic Manual prepared by the Department of Transportation and Public Facilities. The municipality
(1) shall post a sign indicating that the school is a “drug-free school zone” at each location in which it has installed a sign identifying the location of a school;
(2) may post a sign at each recreation and youth center indicating that the center is a “drug-free recreation and youth center zone”; in this paragraph, “recreation or youth center” has the meaning given in AS 11.71.900.
(e) Copies of all traffic ordinances enacted by a municipality shall be incorporated in a manual and made available to the general public.
(f) Regulations adopted pertaining to a matter partially or wholly governed by this title must be mutually consistent and compatible, and must complement each other, as far as practicable. For the purpose of uniformity, the Department of Administration or the Department of Public Safety, whichever is appropriate, shall offer and receive reasonable assistance in the coordination and adoption of these regulations.
(g) Regulations adopted under this title must, as far as practicable, conform to the recommendations of the current edition of the Uniform Vehicle Code adopted by the National Committee on Uniform Traffic Laws and Ordinances.
(h) A municipality may issue a citation for a traffic offense only if the citation complies with the provisions of AS 12.25.175 and 12.25.200.
(i) A municipal parking citation trial or appeal process and fees charged for it must be substantially similar to the applicable trial or appeal process adopted by the Alaska Supreme Court or imposed by law.
(j) A court may not enforce a municipal ordinance prescribing a penalty for driving while under the influence of an alcoholic beverage, inhalant, or controlled substance or refusal to submit to a chemical test unless that ordinance imposes ignition interlock device requirements under this title.
(a) The provisions of this title and the regulations adopted under this title are applicable within all municipalities of the state. A municipality may not enact an ordinance that is inconsistent with the provisions of this title or the regulations adopted under this title. A municipality may not incorporate into a publication of traffic ordinances a provision of this title or the regulations adopted under this title without specifically identifying the provision or regulation as a state statute or regulation.
(b) A municipality may adopt by reference all or a part of this title and regulations adopted under this title, and may request and shall receive from the Department of Commerce, Community, and Economic Development and, as appropriate, either the Department of Administration or the Department of Public Safety, assistance in the drafting of model ordinances for adoption by reference. Notwithstanding (a) of this section, a municipality may enact necessary ordinances to meet specific local requirements.
(c) A copy of all traffic ordinances enacted by a municipality shall be forwarded to the commissioner of public safety and specific notice of any inconsistent ordinances shall be given by the municipality when the copy of the ordinances is forwarded. So far as practicable, the section number identifying a particular municipal traffic ordinance must be the same as the section number identifying a corresponding provision of this title or regulations adopted under this title.
(d) A municipality shall erect necessary official traffic control devices on streets and highways within its jurisdiction that as far as practicable conform to the current edition of the Alaska Traffic Manual prepared by the Department of Transportation and Public Facilities. The municipality
(1) shall post a sign indicating that the school is a “drug-free school zone” at each location in which it has installed a sign identifying the location of a school;
(2) may post a sign at each recreation and youth center indicating that the center is a “drug-free recreation and youth center zone”; in this paragraph, “recreation or youth center” has the meaning given in AS 11.71.900.
(e) Copies of all traffic ordinances enacted by a municipality shall be incorporated in a manual and made available to the general public.
(f) Regulations adopted pertaining to a matter partially or wholly governed by this title must be mutually consistent and compatible, and must complement each other, as far as practicable. For the purpose of uniformity, the Department of Administration or the Department of Public Safety, whichever is appropriate, shall offer and receive reasonable assistance in the coordination and adoption of these regulations.
(g) Regulations adopted under this title must, as far as practicable, conform to the recommendations of the current edition of the Uniform Vehicle Code adopted by the National Committee on Uniform Traffic Laws and Ordinances.
(h) A municipality may issue a citation for a traffic offense only if the citation complies with the provisions of AS 12.25.175 and 12.25.200.
(i) A municipal parking citation trial or appeal process and fees charged for it must be substantially similar to the applicable trial or appeal process adopted by the Alaska Supreme Court or imposed by law.
(j) A court may not enforce a municipal ordinance prescribing a penalty for driving while under the influence of an alcoholic beverage, inhalant, or controlled substance or refusal to submit to a chemical test unless that ordinance imposes ignition interlock device requirements under this title.
Notes of Decisions
Cited in 15
cases, 1978–2019 · leading case: Simpson v. Mun. of Anchorage, 635 P.2d 1197 (Alaska Ct. App. 1981).
Simpson v. Mun. of Anchorage, 635 P.2d 1197 (Alaska Ct. App. 1981). “AS 28.01.010 provides in relevant part: Provisions uniform throughout the state.”
Bailey v. Lenord, 625 P.2d 849 (Alaska 1981). “3 AS 28.01.010 4 states that the provisions of Title 28 (Motor Vehicles) are ap *853 plicable within all municipalities of the state and that a municipality may not enact an ordinance inconsistent with provisions of the title or regulations adopted under the title.”
Mae Lu Good v. Mun. of Anchorage, 450 P.3d 693 (Alaska Ct. App. 2019). “010(a), “A municipality may not enact an ordinance that is inconsistent with the provisions of [Title 28] or the regulations adopted under [Title 28].”
Cremer v. Anchorage, 575 P.2d 306 (Alaska 1978). “4 Within the meaning of AS 28.01.010, which provides that no municipality may enact an ordinance “which is inconsistent” with the provisions of Title 28, relating to motor vehicles, we conclude that § 9.”
Lampley v. Mun. of Anchorage, 159 P.3d 515 (Alaska Ct. App. 2007). “For similar reasons, we conclude that the municipal sentencing provision that allows concurrent sentences in these circumstances is not fatally "inconsistent" with state law for purposes of AS 28.01.010(@a). Although one could argue that the possibility of concurrent *530…”
Anderson v. Mun. of Anchorage, 645 P.2d 205 (Alaska Ct. App. 1982). “I am also of the view that statutes, such as AS 28.01.010(a) which was interpreted in Simpson , and AS 28.”
McCormick v. Mun. of Anchorage, 999 P.2d 155 (Alaska Ct. App. 2000). “Municipalities are generally authorized under AS 28.01.010 to enact traffic laws consistent with Title 28.”
State v. Hamilton, 216 P.3d 547 (Alaska Ct. App. 2009). “AS 28.01.010(a) declares that “[a] municipality may not enact [a traffic] ordinance that is inconsistent with the provisions of [Title 28 of the Alaska Statutes] or the regulations adopted under [that] title.”
Earth Movers of Fairbanks, Inc. v. State, 691 P.2d 281 (Alaska 1984). “(a) When the Department of Transportation and Public Facilities with the assistance of the department, or a municipality, in their respective jurisdictions and consistent with AS 28.01.010, determines upon the basis of an engineering and traffic investigation that a maximum…”
Cooley v. Mun. of Anchorage, 649 P.2d 251 (Alaska Ct. App. 1982). “First, they claim that the Anchorage ordinances in effect at the time they were charged were inconsistent with state law and therefore invalid under AS 28.01.010(a). In Simpson v. Municipality of Anchorage, 635 P.”
Mun. of Anchorage v. Beezley, 435 P.3d 978 (Alaska Ct. App. 2018). “However, AS 28.01.010(a) declares that "a municipality may not enact [a motor vehicle] ordinance that is inconsistent with the provisions of [Title 28 of the Alaska Statutes] or the regulations adopted under [that] title.”
Mangiapane v. Mun. of Anchorage, 974 P.2d 427 (Alaska Ct. App. 1999). “Ray 9 , AS 28.01.010(a) “prohibits municipalities from promulgating traffic laws that diverge from state law.”
— Alaska Stat. § 28.01.010(a) — 11 cases
Simpson v. Mun. of Anchorage, 635 P.2d 1197 (Alaska Ct. App. 1981). “AS 28.01.010 provides in relevant part: Provisions uniform throughout the state.”
Mae Lu Good v. Mun. of Anchorage, 450 P.3d 693 (Alaska Ct. App. 2019). “010(a), “A municipality may not enact an ordinance that is inconsistent with the provisions of [Title 28] or the regulations adopted under [Title 28].”
State v. Hamilton, 216 P.3d 547 (Alaska Ct. App. 2009). “AS 28.01.010(a) declares that “[a] municipality may not enact [a traffic] ordinance that is inconsistent with the provisions of [Title 28 of the Alaska Statutes] or the regulations adopted under [that] title.”
Lampley v. Mun. of Anchorage, 159 P.3d 515 (Alaska Ct. App. 2007). “For similar reasons, we conclude that the municipal sentencing provision that allows concurrent sentences in these circumstances is not fatally "inconsistent" with state law for purposes of AS 28.01.010(@a). Although one could argue that the possibility of concurrent *530…”
Anderson v. Mun. of Anchorage, 645 P.2d 205 (Alaska Ct. App. 1982). “I am also of the view that statutes, such as AS 28.01.010(a) which was interpreted in Simpson , and AS 28.”
— Alaska Stat. § 28.01.010(b) — 3 cases
Simpson v. Mun. of Anchorage, 635 P.2d 1197 (Alaska Ct. App. 1981). “AS 28.01.010 provides in relevant part: Provisions uniform throughout the state.”
Bailey v. Lenord, 625 P.2d 849 (Alaska 1981). “3 AS 28.01.010 4 states that the provisions of Title 28 (Motor Vehicles) are ap *853 plicable within all municipalities of the state and that a municipality may not enact an ordinance inconsistent with provisions of the title or regulations adopted under the title.”
Anderson v. Mun. of Anchorage, 645 P.2d 205 (Alaska Ct. App. 1982). “I am also of the view that statutes, such as AS 28.01.010(a) which was interpreted in Simpson , and AS 28.”
— Alaska Stat. § 28.01.010(c) — 1 case
Cremer v. Anchorage, 575 P.2d 306 (Alaska 1978). “4 Within the meaning of AS 28.01.010, which provides that no municipality may enact an ordinance “which is inconsistent” with the provisions of Title 28, relating to motor vehicles, we conclude that § 9.”
— Alaska Stat. § 28.01.010(d) — 1 case
Bailey v. Lenord, 625 P.2d 849 (Alaska 1981). “3 AS 28.01.010 4 states that the provisions of Title 28 (Motor Vehicles) are ap *853 plicable within all municipalities of the state and that a municipality may not enact an ordinance inconsistent with provisions of the title or regulations adopted under the title.”
— Alaska Stat. § 28.01.010(g) — 3 cases
Simpson v. Mun. of Anchorage, 635 P.2d 1197 (Alaska Ct. App. 1981). “AS 28.01.010 provides in relevant part: Provisions uniform throughout the state.”
Lampley v. Mun. of Anchorage, 159 P.3d 515 (Alaska Ct. App. 2007). “For similar reasons, we conclude that the municipal sentencing provision that allows concurrent sentences in these circumstances is not fatally "inconsistent" with state law for purposes of AS 28.01.010(@a). Although one could argue that the possibility of concurrent *530…”
West v. Mun. of Anchorage, 754 P.2d 1120 (Alaska 1988).
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