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HomeMy WebLinkAboutOrdinance No. 2704-2013-(�ikd &//qj�s Suggested by: Council Member CITY OF KENAI ORDINANCE NO. 2704 -2013 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, A SKA, AMENDING KMC 13.40.040 TO PROVIDE FOR A SEASONAL SPEED LIMI OF TWENTY (20) MILES PER HOUR WHILE DRIVING MOTORIZED VEHICLES ON CERTAIN PORTION OF THE NORTH SHORE PUBLIC BEACH. WHEREAS, the City of Kenai is the owner of significant are of public beaches within City limits, including the North Shore public beach; and, WHEREAS, the City of Kenai enforces its laws on beac s within the City; and, WHEREAS, certain parts of the North Shore bea are heavily used on a seasonal basis by a wide range of recreational, personal us and commercial users; and, WHEREAS, use of motorized vehicles on certain parts of the North Shore present and the variety of activity occi excess of twenty (20) miles per hour be hazardous due to large crowds WHEREAS, it is in the best interest of citizens of the City of Kenai to enact a speed limit of twenty (20) miles per hour f0f motorized vehicles on the most heavily used portion of the North Shore beach wi the City. NOW, THEREFORE, BE IT ORDMNED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA: / Section 1. Form: That thipis a Code ordinance. Section 2. Amendment Xf Section 13.40.040 of the Kenai Municipal Code: That the Kenai Municipal Code, ction 13.40.040, Speed limits, is hereby amended as shown on Appendix IV attacheA hereto and as follows: 13.40.040 Speed The speed limit all be ten (10) [MPH] miles per hour while [RIDING] operating a motor vehicle jA a right -of -way of a residential or business area, a parking lot, as authorized i 3.40.`020(c), or in close proximity of another person(s). Between April t3- Severability: If any part or provision of this ordinance or application to any person or circumstances is adjudged invalid by any court of competent Lion, such judgment shall be confined in its operation to the part, provision, or New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 2704 -2013 Page 2 of 2 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 4. Effective Date: Pursuant to KMC 1.15.070(1), this ordinance shall take effect one month after adoption. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 5 day of June, 2013. ATTEST: Sandra Modigh, City Clerk PAT PORTER, MAYOR Introduced: May 15, 2013 Adopted: June 5, 2013 Effective: July 5, 2013 New Text Underlined; [DELETED TEXT BRACKETED] KMC 13.20.040 - 20 MILE PER HOUR SPEED ZONE AREA _ J � Appendix IV Ordinance No. 2704 -2013 M " "Villa9e with a Past, Ci� with a Future 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 tllllt 1992 MEMO: TO: City Council FROM: Rick Koch, City Manager DATE: May 29, 2013 SUBJECT: Ordinance 2704 -2013, Seasonal Speed Limit on the North Beach The purpose of this correspondence is to provide information, and to recommend against Council adoption of the above referenced ordinance. I will address two issues germane to the discussion regarding this ordinance; first, what is the need for this legislation, and second, what is the effect on City resources in enforcing an ordinance limiting the speed limit to 20 miles per hour on the North Beach. During the past year, the Kenai Police Department received eleven complaints relating to vehicle use on the North Beach. Ten of these complaints were from the same individual. As City Manager I would estimate that I received approximately two -dozen phone calls in which the caller complained about vehicle use on the North Beach. All of the calls I received were from the same individual who lodged ten of the eleven complaints with the Police Department. In the seven years I have served as City Manager I have not received a single complaint from an individual who said they were on the North Beach and felt endangered by a vehicle because of proximity or speed. Twenty miles per hour is the same limitation as provided for in school zones when children are present. Many of our citizens enjoy driving on the North Beach at a greater rate of speed than that limitation. If the issue is excessive speed while in proximity to other individuals on the beach there is already a provision in code that defines the allowance in that circumstance. KMC 13.40.040 stipulates a ten mile per hour speed limit when in close proximity of another person(s). If the issue is excessive noise, again there is already a provision in code, KMC13.40.020(e), that provides for enforcement. Enforcement of a 20 mile per hour speed limit in an area that cannot be regularly patrolled by Police Officers is problematic. If a speed limit is placed on the North Beach and not actively enforced the City will be accused of not enforcing its ordinances. Given the nature of attempting to enforce a speed limit on the North Beach it would be necessary to maintain a presence on the beach by individuals trained in the use of radar. If the City chose to effectively enforce a speed limit from April 1st through September 30th on the North Beach it would require additional personnel and resources. I estimate the cost of these to be $20,000 to $40,000, depending on hours of enforcement. Additionally, roughly one -half of the area shown in Appendix IV to this ordinance is already off - limits to motorized traffic and would be in conflict with KMC 13.30.080. Please find attached a memorandum from the Chief of Police on this issue. Thank you for your attention in this matter. If you have any questions, please contact me at your convenience. j "Villaye with a Past, Ci� with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 II,„ Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 tI li -- 1 - 7992 theu�of KENAI, ALASKA MEMO: TO: Rick Koch — City Manager G FROM: Gus Sandahl — Police Chief /i p DATE: 5/28/13 SUBJECT: Ordinance 2704-2013 I am providing some background information as the Council considers Ordinance 2704- 2013, which proposes to provide a seasonal speed limit of 20 mph on the North Beach. KMC 13.40.040 specifically addresses speed limits of off -road vehicles and states the following: The speed limit shall be ten (10) mph while riding in a right -of -way of a residential or business area, a parking lot, or as authorized in KMC 13.40.020(c), or in close proximity of another person(s). In 2012, there were 11 off -road vehicle complaints relating to the North Beach. Ten (10) of these 11 complaints were made by the same complainant. Of these 10 complaints, none of them resulted in enforcement action because responding officers were unable to substantiate any violation; or they were unable to find the alleged violator; or they were simply unable to respond due to higher priorities. 2012 tied with 2010 for the lowest number of off -road vehicle complaints in the City since 2006. In 2012, the Kenai Police Department investigated 160 motor vehicle crashes. None of those crashes involved off -road vehicles on the North Beach. There was one minor accident in the North Beach parking area that was reported, but not investigated. This involved a vehicle backing into another vehicle during the dipnet fishery. TEOs are on the North Beach regularly from May to August, and I think that has helped deter off -road vehicle complaints. TEOs do not receive radar operator training, nor should they. Speed enforcement is more complex (as is the subsequent court testimony) than the violations that TEOs typically deal with. Police officers receive a minimum of three full days of training before they are able to start speed enforcement in the field. In 2012, Kenai Police Officers handled 8,297 calls for service, a significant spike over preceding years. I do not consider the North Beach a speed problem area that needs additional attention from police officers; as I think it receives more than adequate attention from our TEOs throughout the summer. Without additional police officer resources, it would be unreasonable for the Police Department to divert any current patrol resources to speed enforcement for a posted speed limit on the North Beach. I feel the Kenai Police Department is able to adequately address off -road vehicle issues with how the KMC is currently written. Given the above information, the Police Dept. recommendation is to not amend the existing code.