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Home My WebLink About2008-04-10 Parks & Recreation PacketSPECIAL MEET%NG KENAI PARKS 8a RECREATION COMMISSION APRIL 10, 2008 CITY HALL COUNCIL CHAMBERS 5:30 P.M. AGENDA LTEM 1: CALL TO ORDER & ROLL CALL ITEM 2: AGENDA APPROVAL ITEM 3: NEW BUSINESS a. Dascussion/Recommendation -- Draft Ordinance/Regulating Use of Motorized Vehicles on the Public Beach, Sand Dunes, and Bluff Slope of the North Shore Area From the North Side of the Mouth of the Kenai River to the Kenai City Limits. ITEM 4: PERSONS PRESENT NOT SCHEDULED TO BE HEARD ITEM 5: ADJOURNMENT Suggested by: Parks and Recreation Commission C%TY OF KENAI ORD%NANCE NO. *-2008 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, REPEALING THE CURRENT KMC 13.30.080 & 090 AND REPLACING THEM WITH KMC 13.30.080- 090 REGULATING USE OF MOTORIZED VEHICLES ON THE PUBLIC BEACH, SAND DUNES, AND BLUFF SLOPE OF THE NORTH SHORE AREA FROM THE NORTH SIDE OF THE MOUTH OF THE KENAI RIVER TO THE KENAI CITY LIMITS. WHEREAS, unregulated motorized vehicle use on the tidelands, beaches and sand dunes and contiguous bluff slope of the north shore area near the mouth of the Kenai River poses a threat to public safety and other non-motorized uses on the beach; and, WHEREAS, unregulated motorized vehicle use in such. areas is potentially highly destructive to wildlife habitat and sand dunes and contributes to erosion and degradation of the bluff slope; and, WHEREAS, it is in the best interest of the City of Kenai to regulate motorized vehicle use in that area. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that KMC 13.30.080 8r, 090, and Appendix II of KMC 13.30 are repealed and replaced as follows: z3,S0,080 Ogerakino a vehicle in a orohibifed area- North Shore. (a) Regulated beach areas. Except as otherwise permitted herein, it shall be unlawful for any person to drive, operate, or park any motor vehicle in, or upon any part of the public beach, sand dune areas or any bluff slope contiguous to such public beach or sand dune area on the North Shore beginning on the North Side of the mouth of the Kenai River and continuing along Cook Inlet up to the Kenai City limits as shown on map appended to this chapter and designated Appendix I and made a part thereof. (b) Permitted use of motor vehicles. Permit holders may drive, operate and park approved vehicles on the public beach (but not public sand dune or bluff slope) areas to the west of a line where a continuation of South Spruce Street would meet the ocean continuing along Cook Inlet up to the Kenai City limits for engaged in the following permitted uses: (1) accessing private property; (2) accessing set net fishing sites; (3) engaging in commercial activity in which motorized beach access is necessary; (4) construction and maintenance of duly permitted improvements when motorized beach access is necessary; (5) accessing remote camping or recreational sites. However, permit holders may not park any vehicles from a line where a continuation of South Spruce Street would meet the ocean continuing along Cook Inlet to the western end of the Kenai Sewer Treatment Plant. (c) City, state or public safety (police, fire, ambulance, and rescue) vehicles may operate in the prohibited area if necessary for public safety, maintenance, repair, cleaning and upkeep purposes. (d) Definitions. In KMC 13.30.080-090: (1) "beach" or "beach area" shall include the zone of sand, gravel and other consolidated materials that extends landward from the low water line to the place where there is a marked change in material or physiographic form; (2) "motorized vehicle" means a motorized, self-propelled vehicle wheels, tracks, or rollers and shall included without limitation every type of automobile, truck, all-terrain vehicle, motorcycle, motor bike and motor scooter; (3) "sand dune" means a naturally occurring accumulation or sand ridges or mounds landward of the high water mark. 13.30.085 North Shore motor vehicle beach use permits. (a) An application for a motor vehicle beach use permit shall be on a form furnished by the City. The application shall require the following information: (1) the name, residence and mailing address of the applicant; (2) a copy of a valid drivers license; (3) a description of the vehicle(s) the applicant proposes to use on a beach area. (4) a description of the permitted use(s) for which the application is being submitted; (5) if the permitted uses includes access to private property, the application must indicate the name of the property owner and state the location of the property; and (6) a signed statement that the applicant has read, understood, and agrees to abide by the restrictions and rules related to motor vehicle use on beach areas; and (-il s„ch other information determined by the Kenai Poiioe Chief to be necessary to make an informed decision on the application. (b) There will be no charge for the permits. (c) After a review of the permit application, the Kenai Police Department will determine whether the application and requested complies with the requirements of this chapter and other provisions of the Kenai Municipal Code. Based on that determination, the police department will make a determination within fourteen (14) days and promptly mail to the applicant either: (1) written approval of the permit; or (2) written denial of the permit, stating the reasons for the denial. (d) Denial of the permit may be appealed to the City Manager. An appeal must be in writing and received by the City Manager within fourteen (14) days of the mailing of the written denial of the permit. The City Manager's decision on appeal is final. (e) A permit shall require each person operating under the permit to abide by the following rules while operating a motor vehicle on a beach area. Violation of any of these rules is punishable as provided in KMC 13.05.010. (1) No motor vehicle shall be operated in any area prohibited under KMC 13.30.080 or this section or in any area marked as being off-limits to motor vehicles. (2) No person may drive a motor vehicle at a speed greater than is reasonable and prudent considering all circumstances, including without limitation motorized and non-motorized traffic, surface conditions, and weather conditions. Except when conditions exist that require that a lower speed for compliance with the preceding sentence, the maximum speed limit on beach areas is 15 miles per hour, unless otherwise posted. (3) Motor vehicles must at all times be operated in a safe and responsible manner and motor vehicles operators and occupants must be respectful of other people, property and wildlife. (4) No person may operate a motor vehicle under the influence of alcohol, narcotics or drugs. (5) A helmet meeting the safety standards set by the State of Alaska must be worn by the operator and each passenger under the age of 18 of an all- terrain all terrain vehicle, motorcycle, motor bike, motor scooter or other similar motor vehicles. (6) Motor vehicles are to be used on the beach areas only for the permitted purpose. Use of a motor vehicle for "joy riding" or other non-permitted use is prohibited. (fl The Chief of Police may revoke or suspend any permit after finding a permit holder has: (1) violated any permit term or any provision of KMC 13.30.080 or this section; or (2) been convicted on an offense under KMC 13.30.080 or this section; or (3) misrepresented material facts or falsified information on the permit application. (g) Prior to revoking or suspending a permit, the Chief of Police shall provide a permit holder a reasonable notice and opportunity to be heard. The decision of the Chief of Police shall be in writing and promptly served by mail on the permit holder. (lzi The revocation or suspension of a permit may be appealed to rile City Mannager. An appeal must be in writing and received in the City Manager's office within fourteen days (14) of the mailing of the decision. The City Manager's decision on appeal is final. KMC 13.30.090 Operating a vehicle in a prohibited area-South shore. It is unlawful for any person to operate a motorized vehicle on the vegetated area next to the south shore beach as delineated by the map appended to this chapter and designated Appendix II and made a part thereof. City, state or public safety (police, fire, ambulance, and rescue) vehicles may operate in the above prohibited area if necessary for public safety, maintenance, repair, cleaning and upkeep purposes. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this * day of *, 2008. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk Introduced: *, 2008 Adopted: `, 2008 Effective: *, 2008 Appendix) Appendix II