HomeMy WebLinkAboutOrdinance No. 2331-2008Suggested by: Councilors Boyle, Molloy and Smalley
CITY OF KENAY
ORDINANCE NO. 2331-2008
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ENACTING A
NEW SECTION OF THE KENAI MUNICIPAL CODE (KMC 13.20.040) TITLED
"TRESPASS" MAKING IT A VIOLATION TO TRESPASS UPON REAL PROPERTY.
WHEREAS, the City of Kenai Municipal Code does not contain a section regarding
trespass upon real property that is generally applicable to public or private property;
and,
WHEREAS, prevention and enforcement of trespass under state law is inadequate;
and,
WHEREAS, Kenai property owners, such as those located on the Kenai River Bluff, do
not have adequate means to prevent and enforce trespass upon their property and the
physical damage to the environment it can create; and,
WHEREAS, as a home rule municipality, the City of Kenai has authority to enact its
own trespass ordinance; and,
WHEREAS, it is in the best interest of the City of Kenai and its citizens to enact a
generally applicable trespass ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, that the City of Kenai Code of Ordinances is hereby amended by adding a
new section to be numbered KMC 13.20.040 which shall read as follows.
13.20.040 Trespass
(a) It is a violation to remain or enter in or upon real property, whether publicly or
privately owned, without permission or legal privilege when:
(1) the person has actual notice the property is not open to him or her,
having been personally notified against the trespass by the property
owner or someone with apparent authority to act for the owner; or
(2) there is fencing or other enclosure obviously designed to exclude
intruders; or
(3) in violation of reasonably marked and posted "No Trespassing" signs
prohibiting or limiting entry or use of the property; or
(4) the person is personally and lawfully directed or requested to leave the
real property by the property owner or someone with the apparent
authority to act for the owner.
(b) Violation of this section is punishable as provided in KMC 13.05.010.
Ordinance No. 2331-2008
Page 2
PASSED BY THE COtiNCiL OF THE CITY OF KENAI, ALASKA, this 16th day of July,
2008. ,.,
PAT PORTER, MAYOR
ATTEST:
/~-
Carol L. Freas, ity Clerk
Introduced: July 2, 2008
Adopted: July 16, 2008
Effective: August 16, 2008