The URL can be used to link to this page

Home My WebLink AboutOrdinance No. 2684-2013CITY OF KENAI ORDINANCE NO. 2684 -2013 Suggested by: City Manager AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING THE KENAI MUNICIPAL CODE SECTIONS 12.20.010 DEPOSIT OF REFUSE, AND THE CODE VIOLATION FINE SCHEDULE OF 13.10.015 MINOR OFFENSES AMENDABLE TO DISPOSITION WITHOUT COURT APPEARANCE BY PAYMENT OF A FINE, TO SPECIFY THAT CERTAIN RECREATIONAL, SUBSISTENCE AND PERSONAL USE FISH WASTE MAY BE RETURNED TO THE WATERS FROM WHICH THE FISH ORIGINATED AND CHANGING THE FINE FROM $500.00 TO $150.00 FOR CERTAIN IMPROPER DISPOSAL OF FISH WASTE ON CITY BEACHES. WHEREAS, after having discussions with Council and holding a work session on the impacts of the personal use dipnet fishery within the City, the administration is moving forward with a plan to reduce the impacts of the fishery by, in part, enforcing its existing prohibition on the deposit of fish waste on public beaches; and, WHEREAS, as opposed to allowing the deposit of dipnet fish waste on the City's beaches, which has been the general past practice, the administration's plan requires dipnet fish waste (fish parts, fish carcasses or fish offal) to be deposited in the water or otherwise lawfully disposed of; and, WHEREAS, requiring fish waste to be deposited in the waters from which the fish originated from or to be otherwise lawfully disposed of, will reduce the impact fish waste has on the City's beaches; and, WHEREAS, in order to enforce the current prohibition on the deposit of fish waste on the City's beaches and allow the same to be deposited in the water, an amendment to KMC 12.20.010 is required; and, WHEREAS, in order to efficiently enforce the existing prohibition against depositing fish waste on the City's beaches and to be aligned with the penalties for other violations of City code while still providing sufficient deterrence, the Police Chief for the City recommends that the citation for depositing fish waste in violation of the City Code be reduced from $500 for each offense to $150. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA: Section 1. Form: That this is a Code ordinance. Section 2. Amendment of Section 12.20.010 of the Kenai Municipal Code: That Kenai Municipal Code, Section 12.20.010 Deposit of refuse, is hereby amended as follows: Ordinance No. 2684 -2013 Page 2 of 5 12.20.010 Deposit of Refuse. (a) No person shall place or deposit any refuse in or upon any public property, public beach, public alley, street, or highway, sidewalk, park or other public place in the City except as herein expressly authorized. No person shall place any refuse on land of another without the owner's consent. (b) Dumpsters or trash receptacles located on public property may only be used for depositing small quantities of refuse generated in connection with public activities such as picnicking, camping, touring, pleasure boating, fishing, or other outdoor recreation. No fish, fish carcasses, fish parts or offal may be deposited in dumpsters or receptacles unless marked specifically to allow for fish or fish parts. No person shall deposit refuse generated by residential, commercial, or industrial uses in or near any dumpster or trash receptacle located on public property. No person shall deposit refuse in or near any dumpster or trash receptacle located on public property contrary to any instructions posted on or near the dumpster or trash receptacle. (c) Fish carcasses, fish parts and offal of fish harvested from a snort, subsistence or personal use fishery may be deposited back into the water source from which the fish was originally taken. This code provision specifically does not permit commercial fish processing operations to deposit fish carcasses, fish waste or offal into waters within the City of Kenai without an applicable state or federal permit. ([C]!d) No person shall deposit refuse in a private dumpster without the owner's consent. Owners of dumpsters may post signage on or near privately owned dumpsters stating that unauthorized use is a violation of the City Code. ([D]J Violation of this section is subject to a fine of five hundred dollars ($500.00) for each offense except that the fine for depositing fish carcasses, fish harts or offal harvested from a snort, subsistence or personal use fishery on public beaches is subject to a fine of one hundred and fifty dollars ($150.00) for each offense. ([E]i) The term "refuse" as used in this section means any garbage, trash, waste or discarded material including, but not limited to, discarded food, animal and vegetable matter, fish or animal carcasses, fish parts, offal, waste paper, newspaper or magazines, bottles or cans, containers or wrappers, boxes, paper or plastic cartons, motor vehicle parts, oil, or discarded building/ construction material. Section 2. Amendment of Section 13.10.015 of the Kenai Municipal Code: That the fine schedule of Kenai Municipal Code, Section 13.10.015 Minor offenses amendable without court appearance by payment of a fine, is hereby amended as follows: 13.10.015 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 highway work zones shall be subject to double the fine amount indicated. New Text Underlined; ]DELETED TEXT BRACKETED] Ordinance No. 2684 -2013 Page 3 of 5 CODE VIOLATION FINE SCHEDULE New Text Underlined; [DELETED TEXT BRACKETED] CITE RULE /OFFENSE FINE RULES OF ROAD 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 6 13 AAC 02.070 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 too 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 laved for traffic / Improper lane change 75.00 1[2]1. 13 AAC 02.095(a) Vehicles restricted from controlled access roadway 100.00 1 [1]2 13 AAC 02.095(c) Controlled access roadway, entering or exiting 75.00 13 13 AAC 02.545(b) Driver to exercise due care 150.00 14 AS 28.35.410(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) Failure to obey stop signs 100.00 19 13 AAC 02.130(bc) 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 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 though safety zone 75.00 28 13 AAC 02.160(a -f) Pedestrian crossing not in crosswalk to yield 40.00 29 13 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) Turning movement prohibited or restricted $75.00 35 13 AAC 02205(a -b) Improper U -turn 75.00 36 13 AAC 02.210 haproper start from parked position 75.00 37 13 AAC 02.215(a -t) Turning movements and required signals 75.00 New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 2684 -2013 Page 4 of 5 New Text Underlined; [DELETED TEXT BRACKETED] CITE RULE/OFFENSE FINE SPECIAL STOPS REQUIRED 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 over $ 8.00 per mile 41 20 or more over 12.00 per mile SPEED RESTRICTIONS 42 13 AAC 02275(a) Safe speed under certain hazardous conditions (BASIC SPEED) $90.00 43 13 AAC 02.275(b) Speed violations- Designated limits 3 -19 over 8.00 per mile 44 20 or more over 12.00 per mile 45 13 AAC 02.280(a -0) Speed violations - Altered limits 3 -19 over 8.00 per mile 46 20 or more over 12.00 per mile 47 Minimum speed violation; impeding traffic 60.00 48 13 AAC 02.325(d) Speed violations - School zones 3 -9 over 12.00 per mile 49 10 -19 over 14.00 per mile 5o 20 or more over 16.00 per mile OFF -ROAD VEHICLES 51 KMC 13.40.020(a -t) 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 KMC 13.30.080 Operating vehicle in a prohibited area 100.00 ANIMALS 55 KMC 3.10.010 Interference with peace or privacy (1st offense) $ 50.00 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 (Ist offense) 50.00 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 60 KMC 3.10.080 Failure to properly dispose of dog waste 50.00 PARKING 61 KMC 13.10.060 Camping on private property $50.00 62 KMC 13.30.035 Paid parking 50.00 63 KMC 13.30.095 Parking prohibited on Kenai Avenue 50.00 64 KMC 18.35.010 Overnight camping 50.00 65 13 AAC 02.340 Parking, stopping on highway 50.00 66 AR 6.05.010 -030 Parking at Airport First offense 25.00 67 Second offense 50.00 ABANDONED / JUNK VEHICLES / LITTERING 68 KMC 12.20.010 Deposit of refuse (littering) see KMC 12.20.010 for galicable fine amount $500.00 a 150.00 69 KMC 12.25.020 Abandonment of vehicle 100.00 70 KMC 12.25.030 Junk vehicle 100.00 71 KMC 13.20.030 Protection of North and South Shore -No physical damage 150.00 72 KMC 13.20.030 Protection of North and South Shore - Physical damage 500.00 GENERAL 73 Any offense under Title 13 of the Alaska Administrative Code which has been incorporated by reference under KMC 13.30.0 10 and is not listed on this fine schedule shall have a fine amount as provided by the State in Administrative Rule 43.1. New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 2684 -2013 Page 5 of 5 Section 4. Severability: That 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 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: That pursuant to KMC 1.15.070(fl, this ordinance shall take effect 30 days after adoption. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17th day of April, 2013. ATT ST: San r)Mo igh, City Clerk PAT PORTER, MAYOR Introduced: April 3, 2013 Adopted: April 17, 2013 Effective: May 17, 2013 New Text Underlined; [DELETED TEXT BRACKETED] 'Villa ye with a Past, C# with a Future" j 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 Ike C, ne.� �\V MEMORANDUM TO: Mayor Porter and Council Members FROM: Rick Koch DATE: March 28, 2013 SUBJECT: Ordinance No. 2684 -2013 Fish Waste After having discussions with Council and holding a work session on the impacts of the personal use dip net fishery within the City, the Administration is moving forward with a plan to reduce the impacts of the fishery by, in part, enforcing its existing prohibition on the deposit of fish waste on public beaches. While other alternatives were discussed, for this year's upcoming personal use fishery the plan is to have all fish waste deposited back into the water from which it came or otherwise be lawfully disposed o£ In order to enforce the current prohibition on the depositing of fish waste on City beaches and allow people to put the fish waste back into the water, it is recommended that City code be amended to clarify the City's intent. Additionally, the City Police Chief has recommended that in order to effectively enforce the prohibition of dumping fish waste on City beaches, that the fine be reduced from $500 to $150. This also makes the penalty more in line with other fines for City violations that are enforced. The fine of $500 is intended to remain for other littering offenses. Your consideration is appreciated. YACode \Ordinances \Ordinance No. 2684 -2013 Memo 032813.docx