HomeMy WebLinkAboutOrdinance No. 3411-2024Sponsored by: Administration
CITY OF KENAI
ORDINANCE NO. 3411-2024
AN ORDINANCE AMENDING KENAI MUNICIPAL CODE 13.10.015 — MINOR OFFENSE FINE
SCHEDULE, TO INCREASE THE PAID PARKING FINE AND MAKE HOUSEKEEPING CHANGES.
WHEREAS, Kenai Municipal Code 13.10.015 provides a fine schedule for certain violations of City Code;
and,
WHEREAS, the fine for paid parking violations, off the airport, is provided for in Section 50 of the fine
schedule and is currently set at $50.00; and,
WHEREAS, the only City parking requiring payment off the airport is currently for the dipnet fishery; and,
WHEREAS, the fees for using the Personal Use Fishery parking areas in 2023 were $22.05 for day use
parking and ranged from $49.61 to 60.64 for overnight parking; and,
WHEREAS, having a fine amount potentially less than a parking permit makes it more economical for
users of the Personal Use Fishery parking area to not purchase a parking permit and chance receiving a
paid parking fine; and,
WHEREAS, raising the paid parking fine from $50 to $100 is intended to encourage parking permit
compliance.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, AS
FOLLOWS:
Section 1. Amendment of Section 13.10.015 of Kenai Municipal Code: That Kenai Municipal Code,
Section 13.10.015 — Minor Offence Schedule, subsections for Parking, Abandoned/Junk
Vehicles/Littering, and Offenses Against Property is hereby amended as follows:
13.10.016 Minor [O]Offense [F]Fine [S]Schedule.
In accordance with AS 29.25.070(a), citations for the following offenses may be disposed of as provided
in AS 12.25.19! . through 12.25.230, without a court appearance, upon payment of the fine amounts listed
below or on the State of Alaska Uniform Minor Offense Tables for AS 28 and AAC Title offenses plus
the state surcharge required by AS 12.55.039 and 29.25.074. Fines must be paid to the City of Kenai.
The Rules of Minor Offense Procedure in the Alaska Rules of Court apply to all offenses listed below.
Citations charging these offenses must meet the requirements of Minor Offense Rule 3. If a person
charged with one (1) of these offenses appears in court and is found guilty, the penalty imposed for the
offense may not exceed the fine amount for that offense. If an offense is not listed on this fine schedule
or another fine schedule the defendant must appear in court to answer to the charges.
The fine amounts are doubled for motor vehicle or traffic offenses committed in a highway work zone, as
those terms are defined in AS 28.90.990 and 13 AAC 40.010tba.
An offense may not be disposed of without a court appearance if the offense is in connection with a motor
vehicle accident that results in a death of a person.
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Ordinance No. 3411-2024
Page 2 of 3
Minor Offense Fine Schedule
CITE
RULE/OFFENSE
FINE
PARKING
48
KMC 13.10.060
Camping on private property.
50.00
49
KMC 13.30.030
Street parking prohibitions.
50.00
50
KMC 13.30.035
Paid parking.
[50.00]
100.00
[51 ]
[52] 51
KMC 18.35.010
Overnight camping.
50.00
[53] 52
AR 6.05.010 —
6.05.030
Parking at airport. (1st offense)
25.00
[54] 53
AR 6.05.010 —
6.05.030
Parking at airport. (2nd offense)
50.00
ABANDONED/JUNK
VEHICLES/LITTERING
[55] 54
KMC 12.20.010
Deposit of refuse (littering).
500.00
[56] 55
KMC 12.20.010
No fish, fish carcasses, fish parts or offal
may be deposited in dumpsters or
receptacles unless marked specifically to
allow for fish or fish parts.
150.00
[57] 56
KMC 12.25.020
Abandonment of vehicle.
100.00
[58] 57
KMC 12.25.030
Junk vehicle.
100.00
OFFENSES AGAINST PROPERTY
[59] 58
KMC 13.20.03
Protection of North and South Shore No
physical damage.
150.00
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Ordinance No. 3411-2024
Page 3 of 3
CITE
RULE/OFFENSE
FINE
[60] 59
KMC 3.20.030
Protection of North and South Shore—
500.00
Physical damage.
[61] 60
KMC
Burning of pallets and other wood materials
50.00
containing metal fasteners.
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 1ST DAY OF MAY, 2024.
ATTEST:
Michelle . Sa r, M C, �ACity Clerk
rian Gabriel Sr., Mayor
Introduced: April 17, 2024
Enacted: May 1, 2024
Effective: May 31, 2024
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R
City of Kenai 1 210 Fidalgo Ave, Kenai, AK 99611-7794 1907.283.7535 1 wwwkenaixity
MEMORANDUM
TO:
Mayor Gabriel and Council Members
THROUGH:
Terry Eubank, City Manager
FROM:
Dave Ross, Police Chief
DATE:
April 2, 2024
SUBJECT:
Fine Increase for Paid Parking Violations
This memo supports an increase to the fine for violations of paid parking requirements (excluding
airport parking). Kenai Municipal Code 13.30.035 authorizes the City to charge for parking.
Violations of paid parking are provided in the Minor Offense table codified in KMC 13.10.015. The
current fine is $50 for violating City Paid Parking requirements. Airport parking fines are listed
separately in Code, and the only other parking requiring payment by the City is associated with
the Dipnet Fishery.
In 2023 the "Day Use Parking" fee was $22.05 and the Overnight Parking fees ranged from $49.61
to $60.64.
This Ordinance would increase in the fine from $50 to $100. Dipnet parking fees have risen over
the years. The penalty for not paying the parking fee should also rise in a manner that the fine for
violating the parking rules is greater than the fee for complying with the paid parking rules.
Thank you for your consideration.