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HomeMy WebLinkAboutOrdinance No. 2560-2011Ike ayef KENAI, ALASKA Sponsored by: Council Member Mike Boyle CITY OF KENAI ORDINANCE NO. 2560 -2011 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KENAI MUNICIPAL CODE SECTION 12.25.030, "LEAVING OF JUNKED OR ILLEGALLY PARKED VEHICLES," TO AMEND THE DEFINITION OF WHAT IS A "JUNK VEHICLE." WHEREAS, the City has adopted ordinances prohibiting owners of private property from leaving vehicles on the property that are considered "junk vehicles" for longer than 72 hours except under certain circumstances; and, WHEREAS, the City's definition of "junk vehicle" includes vehicles that are not current in their registration with the State of Alaska, even if the vehicle is parked on the property owner's driveway and is not in obvious disrepair; and, WHEREAS, in Alaska, it is a common practice for vehicle owners to allow registration to lapse when they are not operating a vehicle on the roadways and occupants of private property should be permitted to make decisions about where to properly store vehicles otherwise operational on their property; and, WHEREAS, law enforcement officers enforce the State's vehicle registration laws and cite drivers who operate vehicles on roadways where the driver's vehicle is not current in its registration. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1. Form: This is a Code ordinance. Section 2. Amendment of Section 12.25.030 of the Kenai Municipal Code: The Kenai Municipal Code, Section 12.25.030, Leaving of junked or illegally parked vehicles, is hereby amended as follows: 12.25.030 Leaving of junked or illegally parked vehicles. (a) No person shall leave any junk[ED] vehicle on any street, highway, or public property within the City. (b) No person shall leave any vehicle remaining on public property designated for parking in violation of regulations, ordinances, and /or posted times, periods, or conditions. Any such vehicle shall be subject to emergency impounding procedures pursuant to KMC 12.25.040(c). New Text Underlined [DELETED TEXT BRACKETED] Ordinance No. 2560 -2011 Page 2 of 3 (c) No person in charge or control of any property within the City, whether as owner, tenant, occupant, lessee, or otherwise, shall allow any junk[ED] vehicle to remain on such property longer than seventy -two (72) hours; and no person shall leave any such vehicle on any property within the City for a longer time than seventy- two (72) hours; except that this ordinance shall not apply with regard to a vehicle in an enclosed building; a vehicle on the premises of a business enterprise operated in a lawful place and manner, when necessary to the operation of such business enterprise; or a vehicle in an appropriate storage place or depository maintained in a lawful place and manner by the City. (d) Notwithstanding KMC 12.25.030(c), no vehicle may be removed from private property without the consent of the property owner or occupant. (e) Notwithstanding the provisions of subsection (c) of this section, if the City Manager has reasonable grounds to believe that repairs can be made to render a junk vehicle operable, that the registered owner or other person entitled to possession of the vehicle is willing to undertake or have performed such repairs, that the vehicle does not pose any health or safety hazard, and that there is no reasonable means for removing the vehicle from public view while repairs are being performed, the City Manager may authorize a period of no more than thirty (30) days for the performance of such repairs. In no case, however, may this section be construed as authorizing the operation of a junkyard or other salvage or repair business where other requirements of the law have not been met. (t) "Junk vehicle" means a motor vehicle that is: (1) [NOT CURRENTLY REGISTERED FOR OPERATION UPON THE PUBLIC ROADS OF THE CITY; OR (2)] In a condition which exhibits two (2) of the following elements: (i) A substantial amount of broken or missing glass; (ii) Missing two (2) or more wheels or tires; (iii) Missing a body panel or body part, such as quarter panels, bumper, trunk lid or hood; (iv) Missing an essential component such as the engine, transmission, carburetor, distributor, brake or wheel cylinder, brake shoe, generator, or alternator, starter, front passenger seat, or drive shaft; or ([3]2) Stripped, wrecked or otherwise inoperable due to mechanical failure; or New Text Underlined [DELETED TEXT BRACKETED] Ordinance No. 2560 -2011 Page 3 of 3 ([4]3) Has not been repaired because of mechanical difficulties or because the cost of repairs required to make it operable exceeds the fair market value of the vehicle. [(g) IT IS AN AFFIRMATIVE DEFENSE TO A PROSECUTION UNDER SUBSECTION (F)(1) OF THIS SECTION THAT THE MOTOR VEHICLE IS USED ONLY FOR MOTOR VEHICLE RACING AND HAS BEEN IN A LEGAL COMPETITIVE RACING EVENT WITHIN THE PRECEDING ONE (1) YEAR.] Section 3. Severabilitv: 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 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 17th day of August, 2011. ATTEST: Corene Hall, Deputy City Clerk PAT PORTER, MAYOR Introduced: June 1, 2011 Second Reading: June 15, 2011 Postponed: July 20, 2011 Adopted: August 17, 2011 Effective: September 16, 2011 New Text Underlined; [DELETED TEXT BRACKETED] "Village with a Past, Gc with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 M '111J' 1991 MEMO: Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 TO: City Council FROM: Rick Koch ATE: June 9, 2011 SUBJECT: Ordinance No. 2560 -2011, Amending the Definition of What is a "Junk Vehicie" The purpose of this correspondence is to provide Administration's recommendation regarding the above - referenced ordinance. The Administration recommends approval of this ordinance. If you have any questions, please contact me at your convenience. Carol Freas From: Duane Bannock [d_bannock @hotmail.com] Sent: Tuesday, June 07, 2011 9:31 PM To: Mayor Porter; mboyle @alaska.com; bob @molloyforcouncil.com; cpajoe©altrogco.com; ryan @marquisforkenai.com; terry @bookeyforkenai.com; briangabriei @acsalaska.net Cc: Carol Freas Subject: Ordinance 2560 -2011 Dear Mayor Porter and Council Members, Thank you for your dedicated efforts in making Kenai such great place to live! Your work is appreciated. [ am writing to you with my comments regarding Ordinance 2560 -2011 to amend the definition of what is a junk vehicle; specifically, to remove the reference to current vehicle registration. 1 was a member of the Kenai City Council when this law was adopted and I'm disappointed that now, 13 years later, I'm learning that the law doesn't read the way I thought it did. I believe there is logic for keeping the language and it is based on my experience as a former DMV employee, although I think slight changes my be necessary. While the Alaska law is clear that vehicle registration is a requirement only for vehicles driven on public roads (AS 28.10.01 1) there is also a local, fiscal element to current vehicle registration. The Kenai Peninsula Borough has selected the DMV to collect local property tax on automobiles through Motor Vehicle Registration Tax (MVRT AS 28.10.431). When vehicle registration is paid (originally and at renewal) a portion includes MVRT which is forwarded from the state to the borough and to the city. As such, when vehicle registration expires and remains unpaid, the borough and /or city are not collecting the scheduled tax revenue. Others have argued against MVRT by stating that "the vehicle is not operable — why should I be required to pay tax on it ?" I submit that MVRT is not a `use -tax' but rather, is the correct substitute for personal property tax. The other reason I support a local requirement for current registration, specific to `junked' or inoperable vehicles, is that many of the abandoned vehicles in Alaska are unregistered and lead to difficulties in identifying the ownership and the responsible party. However, I firmly believe that the ordinance, as currently written, is flawed for the simple reason that expired registration alone, should not lead to a definitive finding of "Junk vehicle." Please accept my possible suggestions for your consideration: Keep the language currently found in 12.25.030(1)(1), but renumber to include it as one of the `conditions' found in (0(2) OR 2. Amend language in 12.25.030(f)(1) by replacing the OR conjuncture with AND Thank you for your consideration, and a Special Thank You for all that you do, Duane Bannock 1908 Aliak PO Box 2044 Kenai, AK 99611 r