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HomeMy WebLinkAboutOrdinance No. 3014-2018Sponsored by: Legal and Clerk CITY OF KENAI ORDINANCE NO. 3014-2018 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, MAKING HOUSEKEEPING AMENDMENTS TO KMC SECTION 3 .25.060-ADOPTION PROCEDURE, 3.25.090-PROTECTIVE CUSTODY, 3.30 .030-QUARANTINE OF INDIVIDUAL ANIMAL , 4.25.020- FEE SCHEDULE, 12.25 .030-LEAVING OF JUNK OR ILLEGALLY PARKED VEHICLES, 13.30.090-SIGN BEARING THE LEGEND, 18.25.030 -INSPECTION FEE, AND 23.50 .010- EMPLOYEE CLASSIFICATION. WHEREAS, the City recently changed code publishing companies; and, WHEREAS , as a part of the convers ion process several anomalies in the City's Municipal Code have been identified and should be addressed; and , WHEREAS, making the housekeeping changes provide consistency in the City's Municipal Code NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1. Amendment of Section 3.25.060 of the Kenai Municipal Code : That Kenai Municipal Code , Section 3.25.060 -Adoption Procedure, is hereby amended as follows : Adoption [P] frocedure. (a) A person adopting an impounded animal shall pay an adoption fee to help defray the cost of impounding and caring for the animal in accordance with KMC 3.[1]Q5.100 . The adoption fee shall be as set forth in the City's schedule of fees adopted by the City Council. (b) A person adopting an animal shall comply with the licensing requirements of KMC 3 .15 or 3.20 as they apply to that animal. (c) In addition to any other fees required by this title, a person adopting a dog or cat from the City of Kenai Animal Shelter shall pay a deposit as set forth in the City 's schedule of fees adopted by the City Council. The deposit shall be refunded upon submission of a veterinarian 's certificate of spaying or neutering to Animal Control within thirty (30) days of adoption for dogs and cats over six (6) months of age at the date of adoption. For dogs or cats under si x (6) months of age at adoption, the certificate must be presented within seven (7) months of adoption. Section 2. Amendment of Section 3.25.090 of the Kenai Municipal Code: That Kenai Municipal Code, Section 3.25.090 -Protective Custody, is hereby amended as follows : New Text U nderlined; [D ELETED TEXT BRACKETED] Ordinance No . 3014-2018 Page 2 of 7 Protective [C]~ustody. (a ) When an officer finds it is necessary that an animal not subject to impoundment be taken into custody of the Animal Control Shelter to preserve the animal 's or the public 's health or safety, the officer may take the animal into protective custody. (b) The Animal Control Shelter shall maintain an animal in protective custody until the animal is redeemed by its owner, or for a minimum of ten (10) days, after which time the animal may be disposed of as an impounded animal. (c) The owner of an animal in protective custody may redeem the animal upon demand, without paying an impoundment fee , upon payment of a boarding fee as provided in KMC 3.05.1 OO(C)[(2) OR (C)(3)]. (d) A person who owns an animal taken into protective custody and disposed of as an impounded animal may obtain a review of that d isposition as provided in KMC 3 .25 .080. Section 3. Amendment of Section 3.30.030 of the Kenai Municipal Code : That Kenai Municipal Code , Section 3.30 .030-Protective Custody, is hereby amended as follows : 3 .30.030 Quarantine of [l]!ndividual (A]~nimal. (a) Subject to KMC 3.30.020 , an animal that has bitten by punct uring or breaking the skin of a person shall be quarantined immediately. The Chief Animal Control Officer shall determine the duration of the quarantine of the animal, but that duration shall not be less than ten (10) days nor more than fourteen (14) days. (b) Conditions of quarantine : ( 1) Subject to subsections (b )(2) through (b )( 4) of this section, while an animal is quarantined , its owner shall confine the animal indoors or in a secure enclosure so that it cannot leave his premises , or come in contact with persons or other animals . The animal may be taken outdoors for brief period to relieve itself, provided it is kept on a secure leash under the control of an adult. The animal may be kept under equally secure conditions at a veterinary hospital or boarding kennel of the owner's choice. The owner shall inform the Animal Control Shel ter where he is keeping the animal. Upon learning that a dog has bitten a human being , the Animal Control Officer shall immed iately notify the Department of Health and Welfare and inform said state agency of the place where said dog is impounded. The City may contract with persons knowledgeable w ith care and handling of well and sick dogs for inspection of the said dog fo r the fourteen ( 14) days of confinement to determine whether such dog is infected with rabies. For this purpose, persons so designated by the City and the Animal Control Officer shall have access to the premises where the dog is kept at all reasonable hours , and may take possession of the dog and confine it in the designated dog pound of the City or other suitable place at the e xpense of the owner. The owner or persons in possession of harboring such dog under observation shall immed iately notify the Department of Health and Welfare of the State of Alaska of any eviden c e of sickness or disease in the dog during its period of confinement and shall promptly deliver its carcass to the appropriate agency in the event of the animal 's death during the said period . (2 ) No person may release an animal from quarantine without the written co nsent of the Chief Animal Control Officer. The Chief An imal Control Officer may require that an animal be inspected before releasing it from quarantine. New T ext Underlined; [DELET ED TEXT BRACKETED] Ordinance No. 3014-2018 Page 4 of 7 (3) No person may remove a quarantined animal from the City without notifying the Chief Animal Control Officer in writing at least 48 hours before the intended removal and obtaining the written consent of the Chief Animal Control Officer to the removal. (4) The Chief Animal Control Officer may direct that a quarantined animal be confined at the Animal Control Shelter. (c) The owner of a quarantined animal shall bear the expense of keeping the animal while it is quarantined, wherever it is kept and whether the location of its quarantine is selected by its owner or directed by the Chief Animal Control Officer. Where a quarantined animal is kept at the Animal Control Shelter, the owner shall be charged for its upkeep in accordance with KMC 3.05.1 OO[(C)(2) OR (C)(3)]. Section 4. Amendment of Section 4 .25.020 of the Kenai Municipal Code: That Kenai Municipal Code, Section 4.25.020 -Fee Schedule, is hereby amended as follows : Fee [S)§.chedule. Section 103.4.1 Permit Fees of the Plumbing Code adopted by this chapter is amended to read: If a building permit is issued , these fees shall be considered as paid as a part of such permit fee. If no such building permit is issued, then the fee schedule shall be computed according to KMC 4.05.030[(B)]and the schedule of fees adopted by the City Council. Section 5. Amendment of Section 12.25.030 of the Kenai Municipal Code: That Kenai Municipal Code, Section 12.25.030 -Leaving of Junk or Illegally Parked Vehicles, is hereby amended as follows: Leaving of Junk or Illegally Parked Vehicles. (a) No person shall leave any Junk Vehicle on any street, highway, right-of-way or public property within the City. (b) No person shall leave any vehicle remaining on public property designated for parking in violation of regulations, ordinances, and/or posted times, periods, or conditions. Any such vehicle shall be subject to emergency impounding procedures pursuant to Kenai Municipal Code 12.25.0[4]§0(c). (c) No person in charge or control of any property within the City, whether as owner, tenant, occupant, lessee, or otherwise, shall allow any Junk Vehicle to remain on such property longer than thirty (30) days; except that the junk vehicle storage and repair provisions of this chapter shall not apply; and no person shall leave any such vehicle on any property within the City for a longer time than thirty (30) days; except that this Chapter shall not apply with regard to a vehicle in an enclosed building or completely screened from public view and adjacent properties in compliance with Kenai Municipal Code 12.25.040; a vehicle on the premises of a business enterprise operated in a lawful place and manner, when necessary to the operation of such business enterprise; a vehicle in an appropriate storage place or depository maintained in a lawful place and manner by the City; or Junk Vehicles stored lawfully on parcels zoned: Light Industrial (IL) or Heavy Industrial (IH). (d) Notwithstanding the provisions of subsection (c) of this section, if the City Manager or designee has reasonable grounds to believe that repairs can be made to render a Junk Vehicle operable, New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No . 3014-2018 Page 2 of 7 that the registered owner or other person entitled to possession of the vehicle is willing to undertake or have performed such repai rs , that the vehicle does not pose any health or safety hazard, and that there is no reasonable means for removing the vehicle from public view while repairs are being performed, the City Manager may authorize a period of no more than thirty (30) a dditional days for the performance of such repairs. In no case, however, may th is section be construed as authorizing the operation of a junkyard or other salvage or repair business where other requirements of the law have not been met. Secti on 6. Amendment of Section 13.30.090 of the Kenai Municipal Code: That Kenai Municipal Code , Section 13.30.090-Sign Bearing the Legend , is hereby amended as follows : Sign [B]Beari ng the [L],begend . (a) The only entrance by motorized vehicle to the beach area described in KMC 13.30.080(a) shall be at the natural end of Spruce Street at the Beach Road except as provided in KMC 13 .30.080.(fil([C].1). At that point a sign or signs shall be erected reading as follows: "ENTRANCE TO BEACH AREA. ALL VEHICLES MUST PROCEED DIRECTLY NORTH BEYOND THE LINE OF FOREST DRIVE." (b) Other signs shall be placed along the Beach Road reading : "NO VEHICLES BEYOND THIS POINT." Section 7. Amendment of Section 18.25.030 of the Kenai Municipal Code : That Kenai Municipal Code, Section 18.25.030-lnspection Fee, is hereby amended as follows: Inspection [F]f ee. An inspection fee for each permit in an amount as set forth in the City's schedule of fees adopted by the City Council shall accompany an application for permit hereunder to cover the cost of all inspections performed by City personnel as provided herein , except that in the case of excavations for water and sewer tie-ins , the inspection fee provided for by this section shall be waived so as not to duplicate the inspection fee for water and sewer tie-ins required under KMC 17.[0J15.0[4]ZO(d). Sect ion 8. Amendment of Section 23.50.010 of the Kenai Municipal Code: That Kenai Municipal Code , Section 23.50 .010 -Employee Classification , is hereby amended as follows : 23 .50.010 Employee [C]Classification. City employees shall be classified by Class, Title, and Pay Range as follows : New Text Underlined ; [DELETED TEXT BRACKETED] Ordinance No. 3014-2018 Page 5 of 7 CLASS CODE CLASS TITLE RANGE (a) SUPERVISORY AND PROFESSIONAL 101 City Manager NG 102 City Attorney NG 103 City Clerk NG 104 Finance Director* 24 105 Public Works Director* 23 106 Police Chief* 23 107 Fire Chief* 22 112 Airport Manager* 20 117 City Planner 16 118 Information Technology (IT) Manager 18 119 Human Resource Specialist/Assistant to 15 City Manager 120 Library Director* 18 121 Senior Center Director* 18 122 Parks and Recreation Director* 17 123 Human Resources Officer 16 (b) ADMINISTRATIVE SUPPORT 203 Administrative Assistant I 8 204 Accounting Technician I 10 205 Accounting Technician II 11 206 Accountant 16 210 Administrative Assistant 11 9 211 Administrative Assistant Ill 10 214 Library Assistant 6 218 Library Aide 2.5 219 Data Entry Clerk 1.1 (c) PUBLIC SAFETY 302 Fire Fighter 13 303 Police Lieutenant 20 304 Police Sergeant 18 305 Police Officer 16 306 Publ ic Safety Dispatcher 9 307 Fire Engineer 15 311 Fire Captain 16 312 Fire Marshal 17 313 Communications Supervisor 12 314 Police Trainee 16/21 315 Battalion Chief/Safety Officer 17 316 Chief Animal Control Officer 11 317 Animal Control Officer 9 New Text Underlined; [DELETED T EXT BRACKETED] Ordinance No. 3014-2018 Page 6 of 7 CLASS CODE 401 402 403 404 405 407 408 409 410 412 413 414 417 418 419 420 504 505 506 507 508 509 510 511 512 * Department Heads CLASS TITLE (d) PUBLIC WORKS Building Official Shop Foreman Street Foreman Sewer Treatment Plant Operator Water and Sewer Operator Equipment Operator Shop Mechanic Equipment Lead Operator Water and Sewer Foreman Building Maintenance Technician Sewer Treatment Plant Lead Operator Sewer Treatment Plant Foreman Airport Operations Specialist Airport Operations Supervisor Building Maintenance Lead Technician Water and Sewer Lead Operator (e) GENERAL SERVICES Parks, Beautification and Recreation Operator Parks, Beautification and Recreation Laborer Cook ActivitiesNolunteer Coordinator Meals/Driver Kitchen Assistant Outreach Worker Janitor Driver RANGE 15 16 16 13 13 11 14 14 16 12 14 16 11 15 13 14 9 2.4 2.4 2.4 2.4 2 .2 1 .1 2.4 1 For work performed after February 21, 2009, while attending the Alaska Public Safety Academy in Sitka, a police trainee shall be a paid at a Range 2, Step F. Because of a fluctuating and unpredictable training schedule , he or she shall be considered to work twelve (12) hours per day from Monday through Saturday and eleven (11) hours on Sunday, or the actual number of hours worked, whichever is greater. The normal work schedule at the academy shall be five (5) eight (8) hour shifts from Monday to Friday rather than four (4) ten (10) hour shifts as stated in KMC 23.50.0[5]~0(b)(I). Section 9. 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. New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 3014-2018 Page 7 of 7 The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision , or application . Section 10. Effective Date : That pursuant to KMC 1.15.0?0(f), this ordinance shall take effect 30 days after adoption. ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 18 day of April , 2018. ATTEST: New Text Und erl ined; [DELETED TE XT BRACKETED] Introduced : April 4, 2018 Enacted : April 18, 2018 Effective : May 18, 2018 "(ltff~ «1/t/t, a PaJ'~ Ot'tf «1/t/t, a f°at«H-11 210 Fidalgo Ave, Kenai, Alaska 99611-7794 Telephone: (907) 283-7535 I Fax: (907) 283-3014 www.kenai.city MEMORANDUM TO: FROM: DATE: SUBJECT: Mayor Brian Gabriel and Kenai City Council Jamie Heinz, City Clerk and Scott Bloom, City Attorney March 26, 2018 Ordinance No. 3014-2018-Housekeeping Amendments to KMC This Ordinance contains housekeeping amendments to correct anomalies discovered throughout our code and brought to our attention by our new code publishing vendor during the conversion process . In most cases, the amendments included in this ordinance fix cross reference citations that were moved throughout the years. Your consideration is appreciated.