HomeMy WebLinkAboutORDINANCE 1719-1996SUBSTITUTE
Suggested by: Council
CITY OF KENAI
ORDINANCE N0. 1719-96
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AIViENI'~ING~
KENAI MUNICIPAL CODE 13.44.020 TO IMPOSE A MINIMUM FINE FOR -
UNLAWFUL OPERATION OF AN OFF-ROAD VEHICLE ON BIKE PATHS, IN PARKS,
ON IIVIPROVED RIGHTS-OF WAY, OR WITHOUT PBRMISSION OF THE PROPERTY.
OWNER.
WHEREAS, KMC 13.40.020 lists the locations where and the manner in which it shall by
unlawful for any person to operate anoff-road vehicle; and
WHEREAS, the State has recently completed new bike paths along either side of the Spur
Highway in Kenai; and
WHEREAS, KMC 13.40.020 does not impose a minimum fine for violation of said code; and
WHEREAS, imposing a minimum fine will help maintain a higher level of safety for
pedestrians and others using the paths lawfully; and
WHEREAS, a nunimum fine will be a deterrent to people considenng operating an off-road
vehicle illegally;
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA THAT KMC 13.40.020 is amended to read as follows:
13.40.020 Off-Road Vehicle Operation: It shall be unlawful for any
person to operate an off-road vehicle in the City of Kenai:
(a) On public or private property without the express or implied consent
of the owner, his authorized agent, or representative. Upon conviction of a_
violation_of this section, the court shall impose a fine of not less than $100.00.
.. (b) On municipal park lands, except where specifically authorized,
muruc~pal playgrounds and school playgrounds areas except by special
authorization or in a specially designated area. Upon convicdun of a violation of
this section, the court shall i --
tnpose afine of not less than $100.00.
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(c) On a City or State maintained roadway, sidewalk, or on a path or
trail designated for bicycles or pedestrians, unless such travel is necessary to go
around an obsquction or hazard. Upon conviction of a violation of this section,
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the court shall impose a fine of not less than $100.00.
(d) On any City or State road right-of-way that has been landscaped,
seeded, or otherwise improved. Upon conviction of a__ violation of this section,
the court shall impose a fine of not less than $100.0,0.
(e) In such a manner as to pracluce sufficient noise to disturb the peace
and uiet of another.
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(fj In such a manner as to cause damage to Improved property or
destruction to the terrain. '
(g) The court may offer a defendant convicted of a violation of this
the victim or
an
amount
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defendant is .presumed to have the ability to pa r~restitution unless the defetidarit
establishes the Inability_to, payl by a preaonderaiice of the evidence. An order of
re5~titution under this section does not limit any civil liability of the defendant
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arising out of the defendant's conduct.
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(i) For purposes of this section, the term "person" includes the State of
Alaska or a political subdivision thereof in addition to the meaning set forth in
KMC 10.05.030.
(j) Not withstandi __n the provisions of this section, the City or State, or
their agents, may operate machinery or off-road vehicles in otherwise prohibited
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areas for maintenance air, cleaning and upkeep.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this ~ day of
October, 1996.
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ATTEST:
Carol L. Freas, ity Clerk
Introduced:
Adopted:
Effective:
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(10/10/96 sp)
October 2, 1996
October 16, 1996
November 16, 1996
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GCT-19-96 THU 12:AB PM FREL
90
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2414~s
Rend1,~AI{i996~7 Highway ~~ dress: p0 3474, Soldotna, .AIC 99669)
October 10, 1996
Kenai City muncil
Attention of Carol
216 Fic:~aallgo
SVite 200
Kenai, AK 99611
P.Oi
areas - City Clerk
RE: Attachment of this letter to 10/16/96 Agenda of Coiuic3,1
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x?ze C.it:y of Kenai should be very Pxu~d of the r~iae road, gteer'iway, and
bike/foot paths esct;endiaq fi~oat K Mart out to Swisrs Road. As a h~C[ne0~lner.
v~o lives cn the new road, S tl~irilc the Oo~uleil t~emb~ers and all involved, for
the excezlent ~cb of planning and getting it c3ane right.
I t'ead ~ a recent P`eninst~.a Clarion article that cane of the Council members
suggested/pt~oposed the a lawin5 0 miles/motorized vehicles on the
bike/foot Paths frvcn K PRart on past the schools and out to Shires Road.
As a bmeawner, w~ liva.3 aet the newly coastsv~ebod S"'p~a BLigt~,y, _
bik0 paths. t v3.th allay any m~o~oed vehicles of epp~ kind as t1:e,
several of the homes are vezy close to ~; paths, and riot only would the noise
from motorized maw bs a prroblem, but the danger to Pedestrians, as taell as
the danger to vehicles exalting and Qnterinq arlv+eways wou~,a be e~rmcus.
'T?~ank's again for the fine job, and tharilc you for consideration of this request.
S,ir~c~erely,
naymond F. EaggtS)d,° v
t~Iait~e l~hun~e: 283-4337)
:~{-~ ~ RECEIVED
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KENAI CITY CL.ER~~
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