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HomeMy WebLinkAboutOrdinance No. 2843-2015Sponsored by: Council Member Marquis Council Member Bookey CITY OF KENAI NO. 2843 -2015 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING AND RENAMING KENAI MUNICIPAL CODE 18.05.080 -WATER AND MUD FROM VEHICLE, TO ALLOW FOR WASHING OF VEHICLES IN A MANNER WHICH ALLOWS FOR FLUID TO DRAIN ONTO PUBLIC IMPROVEMENTS IN AN ENVIRONMENTALLY RESPONSIBLE MANNER. WHEREAS, Kenai Municipal Code 18.05.080 -Water and mud from vehicle, currently prohibits washing a vehicle in a manner that allows water, dirt mud, or other substances from draining into or upon any street or sidewalk of the City; and, WHEREAS, the City has not issued a citation for a violation of this ordinance in at least ten years, even though it is regularly violated; and, WHEREAS, it is in the best interest of the City to have ordinances that are enforced and followed by the public; and, WHEREAS, amending KMC 18.05.080 to allow for washing of vehicles and other items in a manner in which non -toxic and biodegradable solutions are allowed to run onto City streets, sidewalks, gutters and drainage systems allows for reasonable washing and protection of the environment and City infrastructure; and, WHEREAS, the proposed amendments are more likely to be complied with and are more reasonably enforceable than the ordinance in its existing form; and WHEREAS the code section should be re- titled to more accurately describe its subject matter. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1. Form: That this is a code ordinance. Section 2. Kenai Municipal Code: That Kenai Municipal Code, Section 18.05.080, is hereby amended as follows: 18.05.080 [WATER AND MUD FROM VEHICLE] Washing Vehicles and Other Items. No automobile,. [OR] other vehicle, trailer, or boat [SHALL] may be washed at any place within the City [WHERE]in a manner which permits fluids to fTHE WATER, DIRT, MUD, OR OTHER SUBSTANCES REMOVED THEREFROM BY OR DURING THE New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 2843 -2015 Page 2 of 2 WASHING THEREOF SHALL] drain into or upon any City street, curb, gutter, drainage system, or sidewalk of the City unless only water or non -toxic and biodegradable washing solutions are exclusively used . Any deposit of mud or other substances on any city improvement that impedes normal use or maintenance of such improvement is also specifically prohibited. Section 3. Severability: That if any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. Section 4. Effective Date: That pursuant to KMC 1.15.0700, this ordinance shall take effect 30 days after adoption. ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 15th day of July, 2015. PAT PORTER, MAYOR Introduced: July 1, 2015 Enacted: July 15, 2015 Effective: August 14, 2015 New Text Underlined; [DELETED TEXT BRACKETED] \V '"Villaye with a Past, C# with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 MEMORANDUM FROM: Council Members Terry Bookey and Ryan Marquis TO: Mayor Porter, Council Members Molloy, Navarre, Gabriel, and Knackstedt DATE: 2015 -06 -25 SUBJECT: Supporting Memo for Ordinance 2843 -2015 Picture this: You, after years of honest and law- abiding living, have finally saved enough money to buy that beautiful sports car you've always wanted. The car is your pride and joy, and you're inspired to keep it as beautiful as the day you first laid your eyes upon it. This isn't always easy when you live in Alaska; we've got dirty roads, lake -sized puddles, and insects the size of small birds. All of these things add up to a car that's nearly impossible to keep pristine. Your best defense under these tragic circumstances is regular washing and polishing of your precious automobile. Of course, there are fine businesses around the City that can take care of this process for you, but sometimes it only feels right to partake in this experience in the privacy of your own driveway. There's a problem, however. Many driveways and streets are developed in such a manner that the water being rinsed off of your vehicle will, thanks to that restrictive yet helpful force called gravity, find its way traveling down your driveway and into the street in front of your house. At that moment, and likely without you realizing it, you have just committed a crime within the City of Kenai. Currently, our City Code prohibits water, mud, and whatever else you wash off of your car, to enter City streets or sidewalks. That's a bummer for the person that just wants to spend nice evening hosing Alaska off of their new car. So, let's fix that. We propose removing this antiquated prohibition and allowing humankind and machine to live in harmony, legally. Our ordinance would allow non -toxic and biodegradable washing solutions used in the washing of a vehicle, boat, or trailer, to enter the City's streets, curbs, gutters, sidewalks, and drainage systems. We encourage your support of this ordinance.