HomeMy WebLinkAboutORDINANCE 0431-1978CITY OF KENAI
ORDINANCE #431-78
AN ORDINANCB AMENDING TITLE 13, PENALTIES AND OFFENSES OF THE
I~NAI CODE, AS AMENDED, IN ORDER TO ADD A PROVISION CONTROLLING
VEHICULAR TRAFFIC ON BEACHES WITHIN THE CITY LIMITS AND OTHER
DESIGNATED AREAS.
WHEREAS, there has been an alarming increase of use of motorized vehicles
on public beaches, bluff property, and public rights-of-way adjoining public
roads in the vicinity of the Kenai River estuary and Cook Inlet within the
City limits of the City of Kenai, and
WHEREAS, the use of motorized vehicles in such a~eas presents a health
and safety danger to the citizens of Kenai in that pedestrians walking in
such a~eas may be injured by fast-moving vehicles, and those driving said
vehicles may injure themselves by driving on stu'faces that have not been
ccnstuu~ted and prep~u'ed as a public road, and
WHEREAS, damage to public property would also be caused by the use of
vehicles in such a~eas by causing destx'uction to fotlage and soil beds, and
WHEREAS, the health of the public would also be jeopardized in ,lint the
noise erected by such vehieles in such areas is detrimental to the tranquillity
of the citizens residing around sueh areas and to those citizens wishing to
enjoy public beaches on foot, and
NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF TIlE CITY OF KENAI,
ALASKA that Chapter 13, Penalties and Offenses, of the Kenai Code, as amended,
adds the following provision:
13.35.080 Operating a Vehicle in a Prohibited Area
It is unlawful for any person to operate a motorized vehicle in the
area bounded by the mouth of the Eenai River; thence northwesterly
along the waters edge at mean Iow tide to a point being the inter-
section in an imagina~-y line of the straight line extension of Forest
Drive; thence no~th along the imaginary extension w. of prooe~ty lines of Forest
Drlo top of the bluff; then along the top of the bluff east to the Kenai
River. Excepting the established roads within the area of Beach Road
and a portion of Spruce Street. Fu~her excepting transit of this
prohibited area entering/leaving at the d~.sirnated area
at the Beach Road and directly to the northwest to the westerly
boundary of the prohibited area which may be entered/exited only
13.36.090
in the tidal area. Fur~aer specifically prohibited is the operation
of a motor vehicle o~ any portion of the bluff slope in the area above
so designated as prohibited as is indicated on the map attached
hereto and made a part hereof.
Sign Bearing Legend
1, As described in Section 13.35.080, the only entrance by motorized
vehicle to the beach a~ea shall be at the natural end of Spruce Street
at the Beach Road, At that point a sign (s) shall be erected reading as
follows:
"ENTRANCE TO BEACH AREA
ALL VEHICLES MUST PROCEED DIRECTLY NORTH
BEYOND THE LINE OF FOREST DRIVE,"
2. Other signs shall be placed along the Beach Road reading:
"No vehicles beyond this point"
13.36.100 Penal~
Any person violating this section upon conviction hereof, shall be
punished by a fine not exceeding One Hut'ldred ($I00.00) Dollars
fo~ each offense.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this lath day of
October, 1978.
'~U~ C. Peter, City Clerk
'VII~CENT O'REILLY, MAyoR'
FIRST RF, ADiNG: September 20, 1978
SECOND RkADING: October 4, 1978
THIRD READING: October 18, 1978
EFFF. CT..'VE DATE: November 18, 1978
23.05,050
23.05.060
Departmental Retml.qtion of Time, Place ~,nd Manner
o~f I_nspection Of ~ufffic Records ~c"~nti;;t~
That a fee may be required. The fee shall not exceed
the actual cost to the City. No fee shall be charged when
a person simply request:; access to the information. In
the event the person is unable to pay any requested fee,
and signs an effidav, tt to the effect he or she is indigent,
there will be no cost to the above-described person.
The form in which the specified.documents shall bo. made
available· Documents need not be reproduced in thc exact
form or medium in which they ar; stored. However, any
alteration of the form or medium of public records shall not
change the substantive content of the information contained
in the public record. When the actual content is changed,
the fiature of the change and why it was necessary shall
be communicated to the requester.
Regulations adeptkd pursuant to this sexton shall be posted
in a conspicuous manner.
0
Response to Requests For Public Records
,fill City officers t~nd ed~ployees shall, conilistent with the
orderly conduct of City busines~ ,. make. e good faith and'
diligent effort to provide a rapid and tntelltgibl6 response
to requests for inspection of records' made pursuant to
this ~hapter. To effect this policy, tho following guidelines
are adopted: '
A. Information pursuant to this chapter shall be furnished
promptly to the requesting party unless the information
requested is declared privileged or confidential pursuant
to applicable federal, state or municipal law. If the
officer or employee considers the information to be
privileged, he shall prepare a slip setting forth the
date, the item of information requested, the specific
provision of applicable state, federal or municipal
law exempting the requested information from disclosure,
and the title and signature of thc person withholding the
information. A copy of this slip shall be provided to tho
party requesting the information, If an officer or
employee of the City calle,d upon to furnish information
pursum;t to this chapter is uncertain as to whether or
not the material sought is privileged or otherwise exempt