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HomeMy WebLinkAboutOrdinance No. 2897-2016u Sponsored by: Administration CITY OF KENAI iANCE NO. 2897 -2016 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KENAI MUNICIPAL CODE 13.30.080 - OPERATING A VEHICLE IN A PROHIBITED AREA, TO PROHIBIT MOTORIZED VEHICLE USE ON THE SOUTH BEACH FROM THE NEWLY CONSTRUCTED ROYAL STREET, SOUTH TO THE SOUTHERN BEACH BORDER OF THE CITY OF KENAI CITY LIMITS (OLD CANNERY ROAD), FROM JULY 5TH TO JULY 31ST EACH YEAR. WHEREAS, in response to complaints from residents living on the South Beach as well as to address habitat concerns, management concerns, access issues and safety concerns, the City has constructed new access on the South Beach to the north of all private residences to provide participant access to the dip net fishery; and, WHEREAS, one of the primary issues addressed by the new road is vehicular traffic on the beach accessing the dip net fishery; and, WHEREAS, the City currently prohibits vehicular traffic on parts of the North Beach and South Beach as provided in KMC 13.30.080 - Operating a Vehicle in a Prohibited Area; and, WHEREAS, the City owns the tidelands on the South Beach, below mean high water, within City Limits and has the authority to limit vehicle access for the purpose of protecting property and public health and safety; and WHEREAS, amending KMC 13.30.080- Operating a Vehicle in a Prohibited Area, to seasonally prohibit vehicular traffic from the point where Royal Street intersects with the South Beach, south to where the City limits end on the beach, fulfills the purpose of the newly constructed access by protecting private property, sensitive beach habitat, improving public safety and allowing the City to manage its interest involving the dip net fishery; and, WHEREAS, limiting the vehicular restriction from July 5th to July 31st, each year, reduces the majority of the annual vehicular traffic on the applicable section of the South Beach and addresses the City's management concerns while still allowing the public to use the South Beach with vehicles during the remainder of the year with a greatly reduced impact on property and public health and safety; and, WHEREAS, KMC 13.20.035- Camping, Fires and Other Activities on City Beaches, allows the City Manager and Council to extend the vehicular restriction should the dip net season be extended beyond July 31st. New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 2897 -2016 Page 2 of 3 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. Amendment of Section 13.30.080 of the Kenai Municipal Code: That Kenai Municipal Code, Section 13.30.080 - Operating a Vehicle in a Prohibited Area, is hereby amended as follows: 13.30.080 Operating a [V]Vehicle in a [P]Prohibited [A]Area. (a) North Shore. (1) It is unlawful for any person to operate a motorized vehicle in the area indicated on the map appended to this chapter, designated as Appendix II, and made a part thereof, excepting the established roads within the area of beach road and a portion of Spruce Street and further excepting transit of this prohibited area entering or leaving at the designated area at the beach road and directly to the northwest to the westerly boundary of the prohibited area which may be entered or exited only in the tidal area. City, state or public safety (police, fire, ambulance, rescue) vehicles may operate in the prohibited area if necessary for public safety purposes. (2) Further, specifically prohibited is the operation of a motor vehicle on any portion of the bluff slope in the area above so designated as prohibited, as is indicated on the map appended to this chapter, designated as Appendix II, and made a part thereof. (3) Operation of motorized vehicles in that portion of the prohibited area southerly and easterly from the east end of Beach Road may be permitted for the purpose of working on beached boats and barges provided that a permit is secured prior to such operation. Applications for such permits shall be filed with the City Manager or his designated appointee setting forth details as to the work to be performed and the dates of such performance. The City Manager may issue such permit, if he finds it reasonable under the circumstances, for a specified period of time, which may be extended on application showing good cause for such extension. (4) Operation of motorized vehicles in that portion of the prohibited area described in KMC 13.30.080(a) above and entry to such area at a point or points other than at the natural end of Spruce Street may be permitted for the purpose of working on the Sewage Treatment Plant and on utility facilities provided that a permit is secured prior to such operation. Applications for such permits shall be filed with the City Manager or his designated appointee setting forth details as to the work to be performed and the dates of such performance, the areas in which such operations are required and the point or points of entry required to expedite the work. The City Manager shall condition such permit or permits on repair or reconditioning of the beach area or bluff and may require a bond in such amount and with such terms, with or without cash deposit or other surety, as he New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 2897 -2016 Page 2 of 3 may deem advisable to secure such repair or reconditioning or to reimburse the City for damages to the areas concerned. (b) South Shore. It is unlawful for any person to operate a motorized vehicle on the vegetated area at all times. The area from the intersection of Royal Street and the South Beach south to the City Limits on the South Beach is also closed to motorized vehicles from July 5th to July 31st each year. The areas closed to motor vehicles are delineated by the map appended to this chapter, designated as Appendix II, and made a part thereof. City, state or public safety (police, fire, ambulance, rescue) vehicles may operate in the prohibited area if necessary the public safety, maintenance, repair cleaning and upkeep purposes. Section 3. Severabilitv: 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 1.15.070(f , this ordinance shall take effect 30 days after adoption. ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 15th day of June, 2016. PAT PORTER, MAYOR Modigh, Introduced: June 1, 2016 Enacted: June 15, 2016 Effective: July 15, 2016 New Text Underlined; [DELETED TEXT BRACKETED] 0 N LD LL .t. 0 (1) Old Cannery Road Mouth of Kenai River I�! m 9 � son `p .11/ IIIL� .; ■ �iui i iI. nn,1 i i Appendix II 13.30.080 Operating a Vehicle in a Prohibited Area _--- Line of Bluff ®No Motorized Vehicles Allowed July 5 - July 31 (Unless Extended) M "Villaye with a Past C# with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 www.kenai.city MEMORANDUM TO: Mayor Porter vd Council Members FROM: Scott M. B1ogim, City Attorney DATE: May 26, 2016 SUBJECT: Ordinance No. 2897 -2016, South Beach Vehicle Access The completion of the newly constructed portion of Royal Street providing access to the South Beach dip net fishery allows the City to accomplish its goals of improving dip net management, providing improved access, protecting public and private property, reducing environmental degradation, and reducing safety issues from motor vehicle use on the South Beach. The final step to accomplishing these goals is to close the South Beach to vehicular traffic from Royal Street South to the southern boundary of City Limits along the beach during the dip net fishery. Allowing continued vehicular use outside of the dip net season reasonably allows continued vehicular use at a much reduced rate and impact. A small window is built in to allow for set up for the fishery management. If the fishery is extended, the City can extend the closure pursuant to KMC 13.20.035- Camping, Fires and Other Activities on City Beaches. Your consideration is appreciated.