HomeMy WebLinkAboutOrdinance No. 2284-2008Suggested by: Administration
CITY OF KENAI
ORDINANCE NO. 284-2®08
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING
KMC 13.30.080 AND KMC 13.40.020 TO ALLOW FOR PUBLIC SAFETY,
MAINTENANCE, REPAIR, UPKEEP AND CLEANUP VEHICLE ACCESS FOR CERTAIN
BEACH AREAS.
WHEREAS, KMC 13.30.080(a)(1) and (b) prohibits vehicle beach access on certain
beach and vegetated areas of the north and south shores of the mouth of the Kenai
River with exemptions for public safety vehicles; and,
WHEREAS, KMC 1.3.30.080(a)(1) and (b) do not provide an exemption for city or state
maintenance, repair and cleanup vehicles; and,
WHEREAS, KMC 13.30.40.020 prohibits operation of off-road vehicles in certain areas
of the city; and,
WHEREAS, KMC 1.3.40.020(j) provides an exemption for city or state off-road vehicles
engaged in maintenance, repair, cleaning and upkeep, but does not provide an
exemption for public safety vehicles; and,
WHEREAS, exemptions for such vehicles are necessary for proper management,
maintenance, and protection of the beach; and,
WHEREAS, the 2008 Dip Net Management Recommendations include the above
referenced changes; and,
WHEREAS, the Kenai Harbor Commission and Parks and Recreation Commission
voted to support the recommended code changes; and,
WHEREAS, the recommendations are needed for proper maintenance, management
and protection of the beach.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA that KMC 13.30.080 and KMC 13.40.020 are amended as follows:
SECTION I: KMC 13.30.080(a)
(a} North Shore.
(1) It is unlawful for any person to operate a motorized vehicle in the area indicated
on the map appended to this chapter, designated as Appendix II, and made a part
thereof, excepting the
Ordinance No. 2284-2008
Page 2 of 2
established roads within the area of beach road and a portion of Spruce Street and
further excepting transit of this prohibited area entering or leaving at the designated
area at the beach road and directly to the northwest to the westerly boundary of the
prohibited area which may be entered or exited only in the tidal area. City, state or
[P]public safety (police, fire, ambulance, rescue) vehicles may operate in the prohibited
area if necessary for public safety, maintenance, repair, cleaning and upkeep
purposes.
SECTION II KMC 13.30.080(b)
(b) South Shore. It is unlawful for any person to operate a motorized vehicle on
the vegetated area delineated by the map appended to this chapter,
designated as Appendix II, and made a part thereof. City, state or [P]public
safety (police, fire, ambulance, rescue) vehicles may operate in the
prohibited area if necessary for public safety purposes, maintenance, repair,
cleaning and upkeep purposes.
SECTION III KMC 13.40.020(j)
( j) Not withstanding the provisions of this section, the City or State, or their
agents, may operate machinery or off-road vehicles in otherwise prohibited areas for
public safety, maintenance, repair, cleaning and upkeep.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 19th day of March
2008.
~~~
LIL A SWARNE ICE MAYOR
ATTEST:
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Carol L. Freas, City Clerk
Introduced: March 5, 2008
Adopted: March 19, 2008
Effective: April 19, 2008