HomeMy WebLinkAboutOrdinance No. 2317-2008Suggested by: Administration
CITI~ OP KENfiI
N®. 231'7-2008
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ENACTING
KMC 13.20.030 PROHIBITING TRESPASS IN POSTED ENVIRONMENTALLY
SENSITIVE SAND DUNE AREAS IN A PORTION OF THE NORTH SHORE OF THE
KENAI BEACH.
WHEREAS, the North Shore area of the Kenai Beach contains environmentally
sensitive sand dunes that are vital to the local beach eco-system; and,
WHEREAS, increased use and activity on the North Shore, including the dip net
fishery, has markedly increased the need for protection of the dunes; and,
WHEREAS, motor vehicle and/or foot traffic and activity on the sand dunes, and in
particular the grassy areas on such sand dunes, has caused significant damage to
them; and,
WHEREAS, in order to protect the sand dunes from such damage, the City of Kenai
needs to fence off the environmentally sensitive areas and post them as "NO
TRESPASSING;" and,
WHEREAS, such fencing and/or posting may be either temporary or permanent
depending on the need to protect the environmentally sensitive areas; and,
WHEREAS, it is not the intent of this ordinance to reduce use or access to the non-
dune beach areas of the North Shore; and,
WHEREAS, in order to enforce the "NO TRESPASSING" rule in the sand dunes, it
should be a'violation of the Kenai Municipal Code to trespass on such areas; and,
WHEREAS, it is in the best interest of the City of Kenai and its citizens to enact an
ordinance making it illegal to trespass on the posted sand dunes.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI
that the City of Kenai Code of Ordinances is hereby amended by adding:
1. Anew section to be numbered KMC 13.20.030 which shall read as follows:
KMC 13.20.030 Protection of North Shore Sand Dunes
[a] The intent of this section is to protect the environmentally
sensitive sand dunes on a portion of the North Shore of the
Kenai Beach. For purposes of this section the North Shore
Ordinance No. 2317-2008
Page 2 of 2
area of the Kenai Beach is the area shown on Appendix III of
Title 13 of the Kenai Municipal Code.
[b] It is a violation;
[i) to enter on sand dunes area(s) that are
reasonably marked as "No Trespassing," or
ii] to remain on such designated sand dune area after the
person has been requested to leave the sand dune
area by someone with the apparent authority to do so.
[c] The City Manager or his/her designee is authorized to cause
the posting of signs designating "No Trespassing."
[d] For purposes of this section, a "sand dune" is defined as a
naturally occurring accumulation or sand ridges or mounds
landward of the high water mark.
[e] The provisions of this section do not apply to governmental
officials in the performance of their official duties, where such
duties reasonably require the official to go upon the designated
sand dune area.
(f] A violation of this section shall be punishable as provided in
KMC 13.05.010.
2. A map titled "Appendix III," and attached to this ordinance, to be
codified and included in KMC 13.20.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this fourth day of June,
2008.
PAT PORTER, MAYOR
ATTEST:
~/
Carol L. Freas, City Clerk
Introduced: May 20, 2008
Adopted: June 4, 2008
Effective: July 4, 2008
Ordinance No. 2317-2008
m
/ ~~
J~
Q~
5
Jr /
~o
Appendix III
a~ ~ f
~..
the ce~ o f
KENA~ SKA
"l/clfa9e wit~i a Past, Gc° y wit~t a Fut~er°e"
210 Fidalgo Avenue, Kenai, Alaska 99611-7794 w~~~~,~,,,
Telephone: 907-283-7535 /FAX: 907-283-3014 l ~ ~ ~ ~ l
iayz
MEMO:
TO: City Council
FROM
DATE
Rick Koch
May 28, 2008
SUBJECT: Ordinance 2317-2008
The purpose of flus correspondence is to reconunend adoption of the above referenced
ordinance.
Tlris adoption. of this ordinance will provide a necessary tool for the protection of the
dimes on the north shore. At present damage to the dimes requires a citation be issued by
a sworn officer under State law, the adoption of this ordinance will allow seasonal
enforcement officers to write citations under the municipal code.
If you have any questions please contact me at your convenience.