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HomeMy WebLinkAboutOrdinance No. 2650-2012<<rry�f KENAI, ALASKA Sponsored by: Council Member Bookey Council Member Marquis CITY OF KENAI ORDINANCE NO. 2650 -2012 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING THE KENAI MUNICIPAL CODE, SECTION 13.30.035, "PAID PARKING," TO CHANGE THE TITLE OF THAT SECTION TO "PAID PARKING; PARKING VIOLATIONS;" TO CLARIFY WHAT IS UNLAWFUL PARKING IN PAID PARKING AREAS; AND TO AUTHORIZE THE CITY MANAGER TO ISSUE FREE OR REDUCED COST PARKING PERMITS. WHEREAS, the Kenai Municipal Code provides authority for the City to restrict parking on City streets, to identify parking areas on City -owned lands, and to charge fees for use of various parking areas; and, WHEREAS, the City's department of public safety monitors compliance with City laws regarding parking and use of the City's parks and other recreational facilities, including parking areas, and it is important to have clear rules for permitted and prohibited conduct; and, WHEREAS, during the peak summer season, the City of Kenai experiences an influx of persons demanding access to City parks and facilities, particularly with respect to the City's beach parks and boat launch areas, and this demand requires the City to regulate use and access and to charge parking fees to support the increased cost to maintain and preserve these areas during the peak season; and, WHEREAS, due to increased demands, the City occasionally has a need to authorize special permits for use of public parking facilities to facilitate the work of volunteers or to arrange for other entities to operate in the area to provide necessary or desirable support services to the public during times of increased use; and, WHEREAS, the increased demands on recreational facilities and the fees charged for parking tends to dissuade local residents, the elderly, and economically disadvantaged persons from using those facilities due to the crowds and /or expense; and, WHEREAS, it is in the City's interest to encourage local residents to use City parks and recreational facilities at all times of the year because their tax dollars support the year -round maintenance and preservation of the City's parks and recreational areas and because it promotes good health and fitness of residents of the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1. Form. This is a Code ordinance. Ordinance No. 2650 -2012 Page 2 of 3 Section 2. Amendment of Section 13.30.010 of the Kenai Municipal Code: The Kenai Municipal Code, Section 13.30.035, Paid parking, is hereby amended as follows: 13.30.035 Paid parking; parking violations. (a) The City may provide for operation of paid parking areas [LOTS] and may set fees for parking on city -owned property. Parking is permitted only in those areas, and only on those conditions as set forth at the designated entrances and within these [SAID] parking areas [LOTS]. The City will designate paid parking areas with signs at the entrance to the affected public parking area. The designations of paid parking areas may be changed from time -to -time by relocation or re- designation of the signs to adapt to actual parking demand experienced for that kind of parking area. [ANY VEHICLE OR PROPERTY WITHIN THE PARKING LOT CONTRARY TO THE TERMS AND CONDITIONS OF USE AS STATED HEREIN, OR POSTED BY THE AFOREMENTIONED SIGNS, SHALL BE SUBJECT TO IMPOUND.] (b) It shall be unlawful to park any vehicle or to deposit any property within the a city -owned parking area contrary to the terms and conditions of use as stated herein, or posted by signs at the entrance of or within the parking area, or as allowed by permit. (c) Parking rates for each paid parking area shall be determined by the City and as set forth in the City's schedule of fees adopted by the City Council. (d) A vehicle may be parked in a paid parking area without payment of the required fee on special days as designated by the City Manager or under special permit issued by the City. The City Manager has authority to develop permitting systems and rules and regulations for paid parking areas which shall be effective upon approval by resolution of the City Council. Special permits are valid only for the prescribed use and area and will be issued only upon proof of eligibility and payment of the applicable fee, if any. fe) The provisions of this section shall not relieve any person from the duty to observe other and more restrictive provisions of state law and regulations as adopted by the City of Kenai, of the Kenai Municipal Code, or as stated on official signs prohibiting or limiting the stopping, standing, or parking of vehicles in specified places, at specified times, or in a specified manner. ff) All property or vehicles found to be in violation of the terms and conditions stated herein shall be subject to impound. fg).[(b)] Parking at the airport shall be controlled by Title 21 of the Kenai Municipal Code and the Airport Regulations. Section 4. Severability: If any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this title or Ordinance No. 2650 -2012 Page 3 of 3 application thereof to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. Section 5. Effective Date: Pursuant to KMC 1.15.070(f), this ordinance shall take effect one month after adoption. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 19th day of September, 2012. ATTEST: a Modigh, CMC City Clerk PAT PORTER, MAYOR Introduced: September 5, 2012 Adopted: September 19, 2012 Effective: October 19, 2012 Terry Bookey / Ryan Marquis To: Mayor Pat Porter Council Members Mike Boyle, Brian Gabriel, Bob Molloy, Tim Navarre From: Vice Mayor Ryan Marquis, Council Member Terry Bookey Date: August 30, 2012 Re: Ordinance 2650 -2012 Paid parking; parking violations The purpose of Ordinance 2650 -2012 is to clarify what constitutes unlawful parking in paid parking areas and to authorize the City Manager to develop and issue free or reduced parking permits. Ordinance 2650 -2012 modifies Section 13.30.035 of Kenai City Code to establish the following: Method of designating paid parking areas. Manner in which parking fees are established. Process for development of special parking permits. This ordinance will aid administration in organizing our developing system of paid parking areas throughout the City of Kenai. This will provide a uniform process that can be applied across our current paid parking areas, as well as any future areas yet to be developed. It also allows for the creation of a system in which the City of Kenai can issue parking permits, similar to passes you might find for parking in other municipalities or state areas. Subsequent to passage of this ordinance, the sponsors of this ordinance will introduce a resolution to set an initial policy to allow the issuance of such permits. We encourage your support of Ordinance 2650 -2012.