Loading...
HomeMy WebLinkAboutOrdinance No. 3260-2021Sponsored by: Council Member Knackstedt KENAI CITY OF KENAI ORDINANCE NO. 3260-2021 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KENAI MUNICIPAL CODE 13.40.010 -DEFINITIONS, TO MAINTAIN CURRENT REGULATIONS ON OFF-ROAD VEHICLE USE IN KENAI AFTER JANUARY 1. 2022. WHEREAS, effective January 1, 2022 the State is changing its regulations to allow certain "all purpose vehicles" on roadways where the speed limit is 45 miles per hour or less, unless prohibited by municipal law; and, WHEREAS, Chapter 13.40- Off -Road Operations of Motor Vehicles, currently limits certain off- road or "all purpose' vehicle use in the City of Kenai; and, WHEREAS, in order to maintain the current regulations enacted by the City of Kenai for off-road or "all purpose' vehicle use in the City, a change to the definitions section of KMC 13.40.010 is required; and, WHEREAS, it is in the best interest of the City to maintain its current off-road or "all purpose" vehicle regulations after January 1, 2022. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1. Amendment of Section 13.40.010 of the Kenai Municipal Code: That Kenai Municipal Code, Section 13.40.010 - Definitions, is hereby amended as follows: (a) "Electric personal motor vehicle' means an electric personal assistive mobility device that is a self -balancing vehicle with two (2) nontandem wheels, designed to transport only one (1) person, has an electronic propulsion system, and has a maximum speed of not more than fifteen (15) miles an hour. (b) "Off-road motor vehicle" means any [MOTOR VEHICLE NOT AUTHORIZED FOR OPERATION ON A PUBLIC ROADWAY ACCORDING TO STATE LAW OR REGULATION] self-propelled vehicle designed primarily for recreational cross country travel on land, snow, ice or water, or on more than one type of terrain and steered by wheels, tread, skis or any combination thereof, including vehicles that operate on a cushion of air, including but not limited to vehicles commonly known as all -terrain vehicles, four -wheelers, three-wheelers, side -by -sides, snow machines, hover crafts, dune buggies, or dirt bikes or any motorized vehicle that is being operated off of the maintained streets and roadways. New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 3260-2021 Page 2 of 2 (c) "Wheelchair" means a manually operated or power -driven device designed primarily for use by an individual with a mobility disability for the main purpose of indoor or of both indoor and outdoor locomotion. Section 2. 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 3. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect 30 days after enactment. ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 15th day of December, 2021. ATTEST: mle Heinz, VIC, City Cle k Introduced: December 1, 2021 Enacted: December 15, 2021 Effective: January 14, 2022 New Text Underlined; [DELETED TEXT BRACKETED] KENAI City of Kenai 1210 Fidalgo Ave, Kenai, AK 99611-77941907.283.75351 www.kenaixity MEMORANDUM TO: Mayor Gabriel and Council Members FROM: Henry Knackstedt, Council member DATE: November 22, 2021 SUBJECT: Ordinance No. 3260-2021, Off Road Vehicle Use The State of Alaska Department of Public Safety is implementing new regulations effective January 1, 2022 to allow certain off-road or all-purpose vehicle use on public roads with a speed limit of 45 miles per hour or less. The regulation change allows for municipalities to continue to regulate off-road vehicles within their jurisdictions. The City of Kenai has previously regulated the use of these types of motorized vehicles within its jurisdiction. It is my understanding from administration that there is generally little conflict with regard to use of these vehicles in the City, however, the City's regulations addressing public safety and protection of private and public property are valuable. The proposed Ordinance would maintain the prior status of off-road vehicle use in the City. Because the City's prior regulations referenced a state law definition for off-road vehicles that is no longer valuable for the intended purpose, this Ordinance provides a new definition for "off-road" vehicles maintaining the existing status for off-road vehicle use in Kenai. Attached for your review is KMC Chapter 13.40- Off -Road Operations of Motor Vehicles, and a Question and Answer Sheet on the new state law produced by the Department of Public Safety. Your consideration is appreciated. All Purpose Vehicle Usage on Roadways Frequently Asked Questions What does this new regulation do? Beginning January 1, 2022 all purpose vehicles will be allowed on roadways where the speed limit is less than 45 miles per hour and where boroughs, municipalities, or cities have not banned their use within their boundaries. All purpose vehicles must be equipped with a headlight, one rear -facing red light, one rear -facing red reflector, and one rear -facing red break light. The all-purpose vehicle must be equipped with brakes, a muffler, carburetor, and a throttle. What if my borough, municipality, or city opts out? If the borough, municipally, or city opts out of the regulations the APVs may not be used on roadways within their jurisdiction. Do I need a special driver's license or endorsement? No, your current valid drivers license will be valid for the operation of an all-purpose vehicle. Those without a valid driver's license may not operate an all-purpose vehicle on a roadway. Do I need a special registration? No, a special registration is not required. However, the APV will be required to have a standard motor vehicle registration. Do I need a license plate? Yes, front and rear license plates must be affixed to the APV if it is being operated on roadways. Do I need insurance? Yes, the operator must have a motor vehicle liability policy that complies with AS 28.22. What is an all-purpose vehicle? An all-purpose vehicle is any self-propelled device that is on wheels or tracks that come in contact with the ground. Common all-purpose vehicles are four -wheelers, all terrain vehicles (ATVs), utility terrain vehicles (UTVs), or side -by -sides. Do snowmachines and hovercrafts qualify as all-purpose vehicles? Snowmachines and hovercrafts are still not allowed to be operated on the roadway under these new regulations. Do I have to follow traffic laws when I operate my APV on a roadway? You must follow all traffic laws when operating your APV on a roadway. Can an Alaska State Trooper or local police officer pull me over when I am operating an APV? Yes, APVs are subject to many of the same laws and regulations that vehicles must follow. What happens when the speed on a roadway increases from 45 miles -per -hour to 55 miles -per - hour? You may not operate an all -purpose -vehicle on any portion of a roadway that has a speed limit higher than 45 miles -per -hour. If the speed limit increases on the roadway, you may not travel on the portion of that roadway where the speed is higher than the limit. Am 1 required to use a helmet when I operate my APV on a roadway? Helmets are not required for drivers of an all purpose vehicle, however passengers are required to wear a helmet. Am I required to use a seatbelt if my APV is equipped with them when I operate on a roadway? If the all purpose vehicle is equipped with seat belts, the driver and any passengers will be required to use them while operating on a roadway. Am I required to provide child restraints or car seats for children that are passengers on an APV being operated on a roadway? Child restraint systems or car seats must be used if the APV is equipped with seat belts. If the APV is not equipped with seatbelts then a car seat or child restraint system is not required. Do I need to have turn signals on my APV? The operator must use hand signals or properly installed turn signals as required undercurrent regulations and statutes for motor vehicles or motorcycles. --1 13.40.010 Definitions I Kenai Municipal Code 13.40.010 Definitions. 1 of 1 (a) "Electric personal motor vehicle" means an electric personal assistive mobility device that is a self -balancing vehicle with two (2) nontandem wheels, designed to transport only one (1) person, has an electronic propulsion system, and has a maximum speed of not more than fifteen (15) miles an hour. (b) "Off-road motor vehicle" means any motor vehicle not authorized for operation on a public roadway according to State law or regulation or any motorized vehicle that is being operated off of the maintained streets and roadways. (c) "Wheelchair' means a manually operated or power -driven device designed primarily for use by an individual with a mobility disability for the main purpose of indoor or of both indoor and outdoor locomotion. (Ords.883,2576-2011) The Kenai Municipal Code is current through Ordinance 3243-2021, passed September 15, 2021. Disclaimer: The City Clerk has the official version of the Kenai Municipal Code. Users should contact the City Clerk for ordinances passed subsequent to the ordinance cited above. Note: This site does not support Internet Explorer. To view this site, Code Publishing Company recommends using one of the following browsers: Google Chrome, Firefox, or Safari. City Website: www.kenai.city City Telephone: (907) 283-7535 Code Publishing Compan The Kenai Municipal Code is current through Ordinance 3243-2021, passed September 15, 2021.