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HomeMy WebLinkAboutOrdinance No. 2749-2014Suggested by: Council Member Gabriel Council Member Molloy CITY OF KENAI LANCE NO. 2749 -2014 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ENACTING KMC 11.05.100 - NO WAKE ZONES, AUTHORIZING THE CITY MANAGER TO ESTABLISH NO WAKE ZONES IN THE KENAI HARBOR AS NEEDED FOR PUBLIC SAFETY AND /OR TO PROTECT PUBLIC AND PRIVATE PROPERTY. WHEREAS, KMC 11.05.020 defines the City's harbor as "all that portion of the Kenai River located within the City of Kenai, including all tide and submerged lands, whether filled or unfilled, situated below the line of mean high tide, as may be leased from the State of Alaska "; and, WHEREAS, KMC 11.05.010 and 11.05.030 respectively, name the Public Works Director as the Harbor Master with state and federally imposed powers and duties and empowers the City Manager to make rules and regulations required for operation of the harbor, subject to change by the City Council; and, WHEREAS, the City is an entity which, along with other governmental agencies, has regulatory authority over its harbor; and, WHEREAS, during the concurrent seasons of the personal use dip net, commercial, and sports fisheries, the Kenai Harbor is often congested with a great number of various sizes and types of watercraft and vessels operating at varying speeds at the same time, often in close proximity, which creates dangerous conditions for vessel operations and causes erosion and other damages to public and private property; and, WHEREAS, it is in the best interest of the City of Kenai to regulate boat wakes in the Kenai Harbor which present a danger to vessels and other users of the Kenai Harbor and can cause significant public and private property damage during certain tidal stages, by authorizing the City Manager to establish no wake zones in the Kenai Harbor outside of the Kenai River Special Management Area, subject to change by the Council; and WHEREAS, at its regularly scheduled meeting of April 7, 2014, the Harbor Commission recommended enactment of this ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that Section 1. Form: That this is a code ordinance. New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 2749 -2014 Page 2 of 2 Section 2. Enacting Section 11.05. 100 of the Kenai Municipal Code: That Kenai Municipal Code, Section 11.05. 100 - No Wake Zones, is hereby Enacted as follows: Section 11.05.100 - No Wake Zones. (a) The City Manager, subject to change by the Council, is authorized to establish no wake zones within the Kenai Harbor outside of the Kenai River Special Management Area as needed to protect public and private property, and /or public safety. (b) No wake zones may be established on a temporary or permanent basis. (c) A "no wake zone" is defined as a zone where no person may operate a boat at a speed greater than five (5) miles per hour. (d) Established no wake zones shall be marked with appropriate signage in a manner to provide reasonable public notice. (e) A violation of this section shall be punishable as provided in KMC 13.05.010. 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 1.15.070(f , this ordinance shall take effect 30 days after adoption. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 16th day of April, 2014. PAT PORTER, MAYOR A T: WAAL S dr Modigh, Nty Clerk Introduced: April 3, 2014 Adopted: April 16, 2014 Effective: May 16, 2014 New Teat Underlined; [DELETED TEXT BRACKETED] M "Villaye with a Past, C# with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 MEMORANDUM TO: Mayor Porter, Council Members, and Student Representative FROM: Council Members Brian Gabriel and Bob Molloy DATE: March 27, 2014 SUBJECT: Ordinance No. 2749 -2014 The purpose of this memo is to urge support for Ordinance No. 2749 -2014 codifying the authority of the City Manager to establish no wake zones within the Kenai Harbor outside of the Kenai River Special Management Area, subject to change by the Council. KMC 11.05.020 defines the City's harbor as "all that portion of the Kenai River located within the City of Kenai, including all tide and submerged lands, whether filled or unfilled, situated below the line of mean high tide, as may be leased from the State of Alaska." During the personal use dip net season, from July 10 to July 31, there are times when it may become necessary to establish no wake zones to protect public safety and public and private property. The popularity of this fishery continues to grow and at peak times of the season, as many as 400 to 600 boats of various sizes and types participate. During this same time period, the commercial gillnet salmon season is in full swing with many skiffs and larger commercial boats transiting the waters of the harbor and mooring within the waters of the harbor. All of these activities take place in an area that is only several miles long, and the width of the river puts these various vessels in close proximity to each other, operating at various speeds. There is public and private upland properties located within the boundary of the harbor that are impacted during peak high tide stages by a rising and falling water level that is static in nature and does not usually pose a threat of erosion during these stages. During the personal use dip net season, however, impacts caused by boat wakes during peak high tides is substantially greater. This Ordinance does not establish a no wake zone, it only establishes authority in the City Manager to impose no wake zones on either a temporary or permanent basis as needed to protect public and private property, and/or public safety, subject to change by the Council. Mayor Porter and City Councilors March 27, 2014 Page 2 of 2 The Council has received numerous public comments by email and at work sessions and meetings regarding dangerous conditions in the Kenai Harbor and erosion and other damage to public and private property caused by the great number of vessels operating at various speeds in close proximity to each other in the Kenai Harbor from the Warren Ames Bridge to the mouth of the Kenai River during the concurrent seasons of the dip net, commercial, and sport fisheries each July. The Mayor and all other Council Members have also personally observed the great number of vessels operating at various speeds in the Kenai Harbor during July each year. Your support of this ordinance is respectfully requested. i u "Villa�e with a Past, C# with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 MEMORANDUM TO: Mayor Porter, Co- Sponsor Council Member Gabriel Council Members and Student Representative FROM: Council Liaison Bob Molloy DATE: 04 -08 -14 SUBJECT: Ordinance No. 2749 -2014 Harbor Commission's Recommendation for Council At the Harbor Commission meeting on Monday 04- 07 -14, the Commission considered Ordinance No. 2749 -2014 Enacting KMC 11 105.100 — No Wake Zones, which would codify the authority of the City Manager to establish no wake zones within the Kenai Harbor outside of the Kenai River Special Management Area, subject to change by the Council. Co- sponsor Council Member Gabriel was present at the meeting to make comments, answer Commissioner's questions, and participate in discussion. The Commission's discussions, including discussions with Council Member Gabriel, covered the public safety issues, the five (5) mph limit in subparagraph (c) as may be affected by very high ebbing tides, the property erosion issues, the need for appropriate signage as provided in subparagraph (d) of the ordinance, jurisdictional issues, and enforcement, among other topics. Individual Commissioners expressed support for the City taking its own steps to address dangerous conditions in the Kenai Harbor and erosion caused by the great number of vessels operating at various speeds in close proximity to each other during the concurrent seasons of the dip net, commercial, and sport fisheries each July. The Harbor Commission voted unanimously to approve a motion to support enactment of Ordinance No. 2749 -2014. Therefore, the Last WHEREAS clause could be amended to state: WHEREAS, at its regularly scheduled meeting of April 7, 2014, the Harbor Commission recommended enactment of this ordinance.