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HomeMy WebLinkAboutOrdinance No. 2576-2011Mc«�of KENAI, ALASKA Suggested by: Administration CITY OF KENAI ORDINANCE NO. 2576 -2011 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING CHAPTER 13.40, "OFF -ROAD OPERATIONS OF MOTOR VEHICLES," TO CLARIFY THAT PERSONS WITH MOBILITY DISABILITIES MAY OPERATE WHEELCHAIRS AND OTHER MOBILITY DEVICES IN AREAS OTHERWISE RESTRICTED TO BICYCLES AND PEDESTRIANS AND TO PERMIT THE USE OF ELECTRIC PERSONAL MOTOR VEHICLES IN SIMILAR AREAS. WHEREAS, the Kenai Municipal Code regulates the use of off -road vehicles in the City of Kenai, including on sidewalks, bike paths, and playgrounds, but the Code does not address the operation of wheelchairs and other devices by persons with mobility disabilities, which devices are typically permitted to operate in those same areas although they often meet the City's definition of an "off -road motor vehicle "; and, WHEREAS, other electric personal motor vehicle devices (such as Segways) may be safely operated in areas designated for bicycle and pedestrian use but these devices are not currently permitted to be used in those areas; and, WHEREAS, the City's Department of Public Safety recommends adoption of amendments to the City Code to better reflect that persons with mobility disabilities may utilize wheelchairs and other mobility devices in certain areas of the City and to allow the use of electric personal motor vehicles in areas designated for bicycles or pedestrians. 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 13.40.010 of the Kenai Municipal Code: The Kenai Municipal Code, Section 13.40.010, Definitions, is hereby amended as follows: 13.40.010 Definitions. (a) "Electric personal motor vehicle" means an electric personal assistive mobility device that is a self - balancing vehicle with two nontandem wheels, designed to transport only one person has an electronic propulsion system and has a maximum speed of not more than 15 miles an hour. lb) "O[AN O]ff -road motor vehicle" means [IS:(A) A]any motor vehicle not authorized for operation on a public roadway according to State law or regulation[.] or [(B) A]any motorized vehicle that is being operated off of the maintained streets and roadways. Ordinance No. 2576 -2011 Page 2 of 3 (c) "Wheelchair" means a manually operated or power- driven device designed primarily for use by an individual with a mobility disability for the main purpose of indoor or of both indoor and outdoor locomotion. Section 3. Amendment of Section 13.40.020 of the Kenai Municipal Code: The Kenai Municipal Code, Section 13.40.020, Off -road vehicle operation, is hereby amended as follows: 13.40.020 Off -road vehicle operation. It shall be unlawful for any person to operate an off -road vehicle in the City of Kenai: (a) On public or private property without the express or implied consent of the owner, his authorized agent, or representative. Upon conviction of a violation of this section, the court shall impose a fine of not less than one hundred dollars ($100.00). (b) On municipal park lands, except where specifically authorized, municipal playgrounds and school playground[S] areas except by special authorization or in a specially designated area. Notwithstanding, wheelchairs may be operated on park lands and playgrounds by persons with mobility disabilities, subject to the other provisions of this Chapter. Upon conviction of a violation of this section, the court shall impose a fine of not less than one hundred dollars (S100.00). Upon conviction of a violation of this section, the court shall impose a fine of not less than one hundred dollars ($100.00). (c) On a City or State maintained roadway, sidewalk, or on a path or trail designated for bicycles or pedestrians, unless such travel is necessary to go around an obstruction or hazard. Notwithstanding, and subject to the other provisions of this Chapter, a person may operate a wheelchair or an electric personal motor vehicle on sidewalks and on paths or trails designated for bicycles or pedestrians, on a City - maintained roadway for the purpose of crossing the road, and on the far right -hand edge of a City - maintained roadway for general movement where there is an absence of a sidewalk or pedestrian/bicycle path. Upon conviction of a violation of this section, the court shall impose a fine of not less than one hundred dollars ($100.00). (d) On any City or State road right -of -way that has been landscaped, seeded, or otherwise improved. Upon conviction of a violation of this section, the court shall impose a fine of not less than one hundred dollars ($100.00). (e) In such a manner as to produce sufficient noise to disturb the peace and quiet of another. (I) In such a manner as to cause damage to improved property or destruction to the terrain. (g) The court may offer a defendant convicted of a violation of this section the option of performing community work in lieu of a fine or a portion of the fine if the court finds the defendant is unable to pay the fine. The hourly value of community work in lieu of fine is to be the Alaska minimum wage. Ordinance No. 2576 -2011 Page 3 of 3 (h) The court may order a defendant convicted of a violation of this section to make restitution to the victim or other person injured by the offense. Prior to ordering any such restitution, the court must make an inquiry into the amount of restitution the defendant could reasonably be expected to pay. A defendant is presumed to have the ability to pay restitution unless the defendant establishes the inability to pay by a preponderance of the evidence. An order of restitution under this section does not limit any civil liability of the defendant arising out of the defendant's conduct. (i) For purposes of this section, the term "person" includes the State of Alaska or a political subdivision thereof in addition to the meaning set forth in KMC 10.05.030. (j) Not withstanding the provisions of this section, the City or state, or their agents, may operate machinery or off -road vehicles in otherwise prohibited areas for public safety, maintenance, repair, cleaning and upkeep. 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 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(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 Al FEST: Corene Hall, Deputy City Clerk rr ( Wit. PAT PORTER, MAYOR Introduced: August 3, 2011 Adopted: August 17, 2011 Effective: September 17, 2011 e City of NE Al, SKA 11Vu1a e with a Past, Ci with aFutureff MFMO. 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 -2£33 -7535 / FAX: 907 -283 -3014 TO: Rick Koch — City Manager FROM: Gus Sandahl Police Chieffr DATE: 7/26/11 SUBJECT: Consideration of ordinance amending KMC title 13 to accommodate the use of electric personal motor vehicles and power- driven wheelchairs on bike paths, sidewalks, and roadways. In the spring of 2011, a local man contacted the Kenai Police Department inquiring about the legality of operating Segways on bike paths and other areas in Kenai, Segways are a particular brand of electric personal motor vehicles, which have two non - tandem wheels, and a vertical pole with hand grips. The man was interested in starting a Segway our business as early as 2012. The Police administration researched the issue and found the following: 1. Alaska Statutes have laws that specifically allow for the operation of "electric personal motor vehicles ", such as Segways, on sidewalks, bike paths, or vehicular ways or areas. 2. The current KMC Off-Road Vehicle laws do not allow for the operation of "electric personal motor vehicles," such as Segways, on a bike path, sidewalk, or vehicular area in the City of Kenai. We have further found that the current Kenai Municipal Code does not specifically allow for the operation of a power- driven wheelchair on City sidewalks, bike paths, or vehicular areas. Despite the shortcoming in the Code, the Police Department does not impede or prohibit the movement of anyone operating a power- driven wheelchair on City sidewalks, bike paths or roadways. As the City Council considers amending KMC Title 13 to allow for the operation of electric personal motor vehicles, they might also consider that certain disabled individuals might choose these devices as a reasonable alternative to a power - driven wheelchair. I researched the speeds and dimensions of the Segway brand of electric personal motor vehicles. A common maximum speed for these devices is 12.5 mph. A common "footprint" for these devices is 19" x 25 ", and some have a foot print that is 21" by 33 ". The attached proposed amendment to KMC 13,40.020 includes added definitions for "electric personal motor vehicle" and "wheelchair." This proposed amendment, which is presented for your consideration, has been reviewed by City Attorney, Krista Stearns.