HomeMy WebLinkAboutOrdinance No. 2260-2007Suggested by: Planning 8v Zoning
CITY OF KENAI
ORDINANCE NO. 2260-2007
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING
KMC 12.20.030 BY BETTER DESCRIBING AND DEFINING WHAT CONSTITUTES
PROHIBITED STORAGE OF "JUNK," "GARBAGE" AND "LITTER" UNDER THE CITY
CODE.
WHEREAS, KMC 12.20.030(a) currently prohibits the keeping of various kinds of
debris and junk on property within the City of Kenai; and,
WHEREAS, the City Code does not provide a precise definition of what constitutes
"garbage, "junk" or "litter"; and,
WHEREAS, better definitions and descriptions of prohibited activity are needed in
KMC 12.20.030; and,
WHEREAS, it is in the best interest of the City of Kenai to amend KMC 12.30.030
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA that KMC 12.20.030 is amended as follows:
12.20.030 Debris and junk prohibited.
(a) [NO OWNER, LESSEE, AGENT, TENANT, OR OCCUPANT SHALL
ALLOW OR PERMIT ANY DEBRIS, JUNK, OR INDISCRIMINATE
STORAGE OF MACHINERY, EQUIPMENT PARTS, LUMBER, OTHER
MATERIAL, OR ANY ACCUMULATION OF GARBAGE, MANURE, OFFALS,
RUBBISH, STAGNANT WATER, OR ANY FILTHY LIQUID OR
SUBSTANCE, OR ANYTHING THAT IS OR MAY BECOME PUTRID OR
OFFENSIVE TO BE OR REMAIN UPON HIS YARD, LOT, OR PREMISES,
OR UPON ANY YARD, LOT, OR PREMISES OWNED OR CONTROLLED
BY HIM.] The owner and the occupant of any private property in the city
shall at all times maintain the premises free from significant
accumulations of funk, ~arba~e or litter that a reasonable person would
find offensive. This section shall not prohibit the storage of junk or litter
in authorized private receptacles for collection. A significant
accumulation of funk or litter on any private property in the city contrary
to this section is deemed to be a public nuisance.
(bj No owner, lessee, agent tenant or occupant shall allow or permit
slash to be or remain upon any lot: 1) for longer than one hundred
twenty (120) days within the RU, RS1, RS2, TSH, CC or CG zones; or 2)
for longer than one hundred twenty (120) days on lots smaller than forty
thousand (40,000) square feet within the C, RR, RS, IL, IH, R or ED
zones.
Ordinance No. 2260-2007
Page 2 of 2
jc] Nothing in this chapter shall be construed to limit the lawful
operation of a junkyard or storage yard. This section does not amend,
alter or modify the provisions of KMC 12.25 (abandoned vehicles1
ll As used in this chapter, the following words are defined in this
section:
"Garbage" means all putrescible wastes, except sewage and body waste,
including food wastes resulting from the handling, preparation, cooking,
or consumption of food or the cans, containers, wrappers, or other
tangible items wasted or used along with such materials."
"Junk" means any worn-out, wrecked, scrapped, partially or fully
dismantled or discarded tangible material, combination of materials or
items that cannot without further alteration and reconditioning be used
for their original purposes, including but not limited to appliances,
building material, chemicals, equipment, furniture, machinery, metal,
rags, rubber, paper, used tires, plastics and wood. Stacked firewood or
building materials stored for future use shall not constitute "junk."
"Litter" means all improperly discarded waste material, including but not
limited to convenience food, beverage and other product packages or
containers constructed of steel, aluminum, glass, paper, plastic and
other natural and synthetic material, thrown or deposited on the lands
and waters within the boundaries of the city.
"Occupant" means the person in possession of the real property on which
the junk or litter is located. "Occupant" includes tenant and lessee.
"Owner" means the owner of the real property on which the iunk or litter
is located, or the agent of the owner.
[(C)]"Slash" is defined as: branches and other residue left after the
[CUTTING] felling of timber. Tree trunks trimmed free of roots and
branches or cut firewood stacked and separated from branches and other
residue of tree cutting shall not constitute "slash."
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17th day of
October, 2007.
~~ ~ .,~
PAT PORTER, MAYOR
ATTEST:
Carol L. Freas, City Clerk
Introduced: October 3, 2007
Adopted: October l7, 2007
Effective: November 17, 2007