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Home My WebLink AboutOrdinance No. 2325-2008FAILED UNAbdIMOUSLY (7/2/08) Suggested by: Council CI1"Y C)F KE~i'AI ®RDINANCE NO. 2325-2®O8 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, MEND THE CODE VIOLATION FINE SCHEDULE IN KMC 13.10.015 TO IN UDE A STANDARD FINE OF ~a500 FOR TRESPASS IN VIOLATION OF KM 13.20.030. WHEREAS, KMC 13.20.030 prohibits trespass on the North S ore sand dunes area where they are marked no trespassing; and, WHEREAS, under KMC 13.05.010 the maximum penalt for violating the municipal code is $500.00; and, WHEREAS, in order to protect the environmentally ensitive North Shore sand dunes, a standard fine in the amount of $500.00 should e set for that offense; and, WHEREAS, it is in the best interest of the Cit of Kenai to include a violation of KMC 13.20.030 in the code violation fine schedu of Kenai Municipal Code 13.10.15 with the standard fine set at $500.00. NOW, THEREFORE, BE IT ORDAINED Y THE COUNCIL OF THE CITY OF KENAI, ALASKA that KMC 13.10.015 is ame ded as shown on Attachment "A." PASSED BY THE COUNCIL OF HE CITY OF KENAI, ALASKA, this second day of July, 2008. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk Introduced: June 18, 2008 Adopted: July 2, 2008 Effective: August 2, 2008 13.IO.OIS Minor offenses amendable to disposition without court appearance by payment of a fine. In accordance with AS 28.05.151, a citation issued for violation of any of the following sections of this title shall be subject to disposition with payment of a fine in lieu of a court appearance or as otherwise prescribed. Violations committed within CODE VIOLATION FINE SCHEDULE CITE RULE/OFFENSE I FINE RULES OF ROAD j i 1 13 AAC 02.050(a) ' Driving on right required $ 75.00 2 13 AAC 02.050(b) Slower traffic to keep right 75.00 3 13 AAC 02.055(a) Overtaking on right 150.00 4 13 AAC 02.060(c) Restrictions on driving left of center 150.00 5 13 AAC 02.065(a) Overtaking on left 150.00 F 6 13 AAC 02.070 k Passing vehicle proceeding in opposite direction 100.00 7 13 AAC 02.075(b) No passing zone 150.00 8 13 AAC 02.090 Following foo closely 100.00 9 13 AAC 02.080(b-c) Wrong way on one-way street 150.00 10 13 AAC 02.085(a) Driving on roadways laned for traffic / Improper lane change 75.00 12 13 AAC 02.095(a) j Vehicles restricted from controlled access roadway 100.00 11 13 AAC 02.095(c) i Controlled access roadway, entering or exiting 75.00 ' 13 13 AAC 02.545(b) Driver to exercise due care 150.00 14 AS 28.35.045(a) Negligent driving 300.00 RIGHT-OF-WAY 15 ~, 13 AAC 02.010(a)(3)(A) ~ Failure to stop for steady red traffic signal $150.00 16 13 AAC 02.120(a) Vehicle approaching intersection 90.00 17 13 AAC 02.125 ~ Vehicle turning left 150.00 18 ~ 13 AAC 02.130(b} i Failure to obey stop signs 100.00 19 13 AAC 02.130(b-c) ~ Failure to yield after stopping or at yield sign 150.00 20 13 AAC 02.135(b) Stop and yield from private road or driveway 100.00 21 13 AAC 02.140(a b) Failure to yield to emergency vehicle 150.00 j Ordi~~ance 2325-2008 ACYachment "A" Page t of 4 PEDESTRIAN RIGHTS AND DUTIES 22 13 AAC 02.150 Pedestrian to obey control devices and regulations $ 40.00 23 13 AAC 02.155(a) Driver to yield to pedestrian in crosswalk 100.00 24 13 AAC 02.155(b) Pedestrians to use due care ~ 50.00 25 13 AAC 02.155(c) Driver not to pass vehicle stopped for pedestrian 75.00 26 13 AAC 02.155(d) Pedestrians to use right half of crosswalk 25.00 27 13 AAC 02.155(e) Driving through safety zone 75.00 28 13 AAC 02.160(a-f) Pedestrian crossing not in crosswalk to yield 40.00 29 l3 AAC 02.160(e} Prohibited pedestrian crossing 40.00 30 13 AAC 02.160(d) Pedestrian crossing at other than right angle 25.00 31 13 AAC 02.175 Illegal walking on roadway 40.00 32 13 AAC 02.180 Pedestrians soliciting rides or business 50.00 33 13 AAC 02.190 Driver to yield right-of--way to blind pedestrians 150.00 TURNING AND STARTING 34 13 AAC 02.200(a-c) 'T`urning movement prohibited or restricted $75.00 35 13 AAC 02.205(a-b) Improper U-turn ~ 75.00 '', 36 13 AAC 02.210 I~~~proper start from parked position ~ 75.00 37 ~ 13 AAC 02.215(a-f) Turning movements and required i signals 75.00 CITE RULE/OFFENSE F%NE - -- ( SPECIAL STOPS REQU%RED ~ '. 38 13 AAC 02.257 Emerging from alley, driveway or building $100.00 39 13 AAC 02.265 Stop required when traffic obstructed 75.00 40 13 AAC 02.325(e) Overtaking and passing school bus 3-19 $ 8.00 per ', mile 41 20 or more over 12.00 per mile SPEED RESTRICTIONS 42 13 AAC 02.275(a) Safe speed under certain hazardous conditions (BASIC SPEED) $90.00 Ordinance 2325-2008 Attachment °A" Page 2 of 4 43 13 AAC 02.275(b) ; Speed violations-Designated limits 3-19 8.00 ~ per mile 44 20 or more over 12.00 ( i per mile 45 ~ I3 AAC 02.280(a-d) Speed violations-Altered Limits 3-19 8.00 '. per '', mile 46 20 or more over 12.00 per ', mile 47 Minimum speed violation; impeding traffic t 60.00 ~ 48 ~ 13 AAC 02.325(d) ; - Speed violations-School zones 3-9 12.00 per mile 49 10-19 over 14.00 per mile 50 20 or more over 16.00 ~ per mile ®FF-R®AD iIEHICLES 51 KMC I3.40.020(a-f) Off-road vehicle operation $100.00 52 KMC 13.40.030 Special stops required 90.00 53 KMC 13.40.050 Helmet required 100.00 54 KMG 13.30.080 . Operating vehicle in a prohibited area 100.00 ANIMALS ~ 55 i KMC 3.10.010 Interference wsth peace or privacy (1st offense) $ 50.00 i ~ 56 KMC 3.10.010 Interference with peace or privacy (2nd offense) 100.00 57 ; KMC 3.10.020(a, b and d) Control and confinement of animals (1st offense) 50.00 I 58 ~ KMC 3.10.020(a, b and d) , Control and confinement of animals (2nd offense) 100.00 59 KMC 3.20.010 ~ Failure to license a dog 25.00 PARKING 60 '! KMC 13.10.060 Camping on private property $50.00 61 ~ KMC 13.30.035 Paid parking 50.00 62 KMC 13.30.095 ' Parking prohibited on Kenai Avenue 50.00 63 KMC 18.35.010 Overnight camping 50.00 64 13 AAC 02.340 ; Parking, stopping on highway 50.00 64 AR 6.05.010-030 : Parking at Airport First offense 25.00 66 Second offense ~ 50.00. ~ Ordnance 2325-2008 Attachment "A" Page 3 oT a ABAND®NED /JUNK VEHICLES LITTERING 67 . KMC 12.20.010 Deposit of refuse (littering} $500.00 67 KMC 12.25.020 , Abandonment of vehicle 100.00 68 KMC 12.25.030 Junk vehicle 100.00 PROPERTY OFFENSES i 70 KMC 13.20.030 Protection of North Shore sand dunes 500 '', GENERAL [70] 71 Any offense under Title 13 of the Alaska Administrative Code which has been 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. Ordinance 2325-2008 AriachmenC °A" Page 4 of 4 lVI UlVI TO: Mayor Porter and Co~mcilors FROM: ~ q~ Cagy K. Graves, City Attorney DATE: June 12, 2008 RE: North Shore Sand Dune Trespass Fine Ordinance 2325-2008 is included in the packet. It sets the standard fine for trespass on the North Shore Sand Dune at $500. The administration thought the Council might want to consider atwo- tiered fine level for trespass on the North Shore sand dunes. The idea would be to have the fine at $500 for a trespass that involves physical damage to the dunes and $150 for trespass that doesn't involve physical damage. The idea is to differentiate between someone simply wail~ig across the no fi~espass area and more directly harmful activities. One person walking over the dune does not alone cause a lot of harm. However, collectively lots of people walkng over the dunes do cause significant harm. One the other hand, one person driving, camping or setting a beach fire can cause signifcani harm. If Council is interested in this approach the matrix attached to the ordinance should be changed as follows: PROPERTY OFFENSES 70 KMC 13 20.030 Protection of North Shore Sand Dunes-no physieai damage $I50 71 KMC 13 20.030 Protection of North Shore Sand Dunes-~sical damage $500 Please tet me know if you have any questions. 1VIE DU TO: Mayor Porter and the Kenai City Council hROM:C~,~j Cary R. Graves, City Attorney DATE: June 26, 2008 RE: Ordinance No. 2325-2008 This ordinance would set the standard tine for a violation of the beach trespass ordinance at $500. Emergency Ordinance No. 2324-2008 was approved. at the .Tune 18`x' meeting. It set a two tier fine for violation of the beach trespass ordinance at $150 and $500. Because Emergency Ordinance I~`o. 2324-2008 already set the fine, this ordinance is not necessary. The administration recommends killing this ordinance by either voting it down or tabling it to a time timceriain. Please let me know if you have any questions. ~ KMC 13.20.030