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HomeMy WebLinkAboutOrdinance No. 2324-2008Suggested by: Councilor Boyle CITY OF I£ENAI O12DINP,NCE NO. 2324-2008 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, 1) AMENDING KMC 13.20.030 TO PROHIBIT TRESPASS IN POSTED ENVIRONMENTALLY SENSITIVE AREAS IN A PORTION OF THE SOUTH SHORE OF THE KENAI BEACH; 2) AND DECLARING AN EMERGENCY; AND 3) AMENDING THE CITY'S FINE SCHEDULE IN KMC 13.10.015 BY ADDING A NEW SUBSECTION 70 PROVIDING FORA $500 FINE FOR A VIOLATION. WHEREAS, the South Shore area of the Kenai Beach contains environmentally sensitive sand dune and wetland areas that are vital to the South Shore eco-system; and, WHEREAS, increased use and activity on the South 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 dune and wetland areas of the South Shore has caused significant environmental damage to them; and, WHEREAS, in order to protect the environmentally sensitive South Shore areas of the Kenai beach, such areas need to be fenced off and/or posted as "NO TRESPASSING"; and, WHEREAS, such posting and/or fencing may be temporary or permanent depending on the need to protect the environmentally sensitive areas of the South Shore; and, WHEREAS, it is not the intent of this ordinance to reduce use or access to the non- environmentally sensitive wetland areas or non-sand dune beach areas of the South Shore; and, WHEREAS, in order to enforce the "NO TRESPASSING" rule, it should be a violation of the Kenai Municipal Code to trespass in such areas with a fine of $500.00; and, WHEREAS, because of the damage the very heavy use of the South Shore beach area during the summer dip net fishery can cause, the no trespassing provisions of this ordinance must be in place prior to the dip net fishery opening; and, WHEREAS, under the non-emergency ordinance enactment timeline an ordinance introduced on June 18, 2008 will not be passed until July 2, 2008, and will not be effective until August 2, 2008, after all or most of the dip net fishery has passed; and, WHEREAS, because of the imminent danger to the South Shore beach during the upcoming dip net fishery, the Council of the Kenai of declares that this ordinance is necessary for the immediate preservation of the environmentally sensitive areas of the South Shore; and, Ordinance No. 2324-2008 Page 2 of 3 WHEREAS, The Kenai Harbor Commission unanimously supports amending KMC 13.20.030 to include the South Shore in time for this summer's dip net fishery; 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 posted wetland and sand-dune areas of the Kenai Beach. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that: SECTION ONE The Council of the City of Kenai declares an emergency in order to protect the environmentally sensitive wetland and sand dune areas of the South Shore. SECTION TWO KMC 13.20.030 is hereby amended as follows: KMC 13.20.030 Protection of North [SH®RE SAND 17UNES] and South Shore [a] The intent of this section is to protect the environmentally sensitive [SAND DUNES] areas an [A] portions of the North and South Shore of the Kenai Beach. For purposes of this section the North Shore area of the Kenai Beach is the area shown on Appendix III of Title I3 of the Kenai Municipal Code. For purposes of this section the South Shore area of the Kenai Beach is the area shown on Appendix IV of Title 13 of the Kenai Municipal Code. [b] It is a violation; [i) to enter on wetland or sand dunes area(s) that are reasonably marked as "No Trespassing," or [ii] to remain on such designated wetland or 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." [dj 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. j~ For purposes of this section, "wetlands" is defined as those areas that are inundated or saturated by surface eround water at a frequency and duration sufficient to support, and under Ordinance No. 2324-2008 Page 3 of 3 normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, boys and similar area. [[E][~ The provisions of this section do not apply to governmental officials in the performance of their official duties, where such duties reasonable require the official to go upon the designated sand Dune area. [[F]jg11 A violation of this section shall be punishable as provided in KMC 13.05.010. SECTION THREE KMC 13.10.015 is amended as follows: PROPERTY OFFENSES ~ 70 I KMC 13.20.030 ' Protection of North and South Shore -- no 150 phvsical damage 71 ;KMC 13.20.030 Protection of North and South Shore -- 500 physical damage GENERAL [70] Any offense under Title 13 of the Alaska Administrative Code which has been 72 i, incorporated by reference under KMC 13.30.010 and is not listed on this fine schedule shall have a fine amount as provided by the State in Administrative Rule .[._43.1. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 18th day of June, 2008. PAT PORTER, MAYOR AT~TdEST: Carol L. Freas, City Clerk Introduced: June Second Reading: June Adopted: June Effective: June 18, 2008 18, 2008 18, 2008 18, 2008 AppendixlV