HomeMy WebLinkAboutOrdinance No. 2744-2014u
CITY OF KENAI
ORDINANCE NO. 2744 -2014
Suggested by: Mayor Porter
Council Member: Navarre
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ENACTING
KMC 13.20.035- CAMPING, FIRES AND OTHER ACTIVITIES ON CITY BEACHES, TO
DELINEATE AN AREA ON THE SOUTH BEACH WHERE CAMPING, FIRES AND
PARKING IS NOT PERMITTED.
WHEREAS, private property owners along the City's South Beach have complained
about noise, smoke, garbage, trespass and property damage related to camping, fires,
and parking activities in front of their residences; and,
WHEREAS, camping, fires and parking activities on the City's South Beach increase
the risk of damage to environmentally sensitive areas; and,
WHEREAS, these same activities can create trash, debris, human waste and
enforcement issues; and,
WHEREAS, limiting camping, fires, and parking on the City's South Beach to a
described area north of the most northerly residence on the South Beach will decrease
conflicts between private property owners and the public, allow better enjoyment of
private property, decrease risks to environmentally sensitive areas and increase the
City's efficiency in cleaning the South Beach and enforcing City ordinances and
regulations.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, that
Section 1. Form: That this is a code ordinance.
Section 2. Enacting Section 13.20.035 of the Kenai Municipal Code: That Kenai
Municipal Code, Section 13.20.035 - Camping, Fires, and Other Activities on City
Beaches, is hereby Enacted as follows:
Section 13.20.035 - Camping, Fires, and Other Activities on City Beaches.
(a) The intent of this section of code is to regulate camping, fires and other
activities on City beaches that threaten or have the potential to threaten or
damage public and private property, use and enjoyment of the beaches, public
welfare, and other City interests. The following is prohibited:
1. Camping, starting or maintaining open fires, and parking on City
Beaches as follows:
New Text Underlined; [DELETED TEXT BRACKETED]
Ordinance No. 2744 -2014
Page 2 of 2
A. On that portion of the South Beach beginning at the line common
to the NE '/4, and SE '/4, of Section 7, Township 5 North, Range 11
West, Seward Meridian Alaska South to the City of Kenai
boundary, located on Section 7 and 18, Township 5 North, Range
11 West, Seward Meridian, as shown on Appendix V of Title 13 of
the Kenai Municipal Code.
B. Without further authorization, the City Manager may temporarily
expand the area(s) closed to camping, starting or maintaining
open fires, and parking on City Beaches as necessary to protect
the public health and welfare, City interests or private property for
periods not to exceed 30 days. Further extensions of not more
than 60 days may be approved by resolution of the City Council.
In all cases, reasonable public notice shall be provided.
C. The provisions of this section do not apply to governmental
officials in the performance of their official duties, or to private
property owners otherwise lawfully engaged in activities on their
private property.
(b) A violation of this section shall be punishable as provided in KMC 13.05.010.
Section 3. 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 4. 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 2nd day of April,
2014.
�t
PAT PORTER, MAYOR
ATTEST:
Sandra Modigh, City Clerlr
Introduced: March 19, 2014
Adopted: April 2, 2014
Effective: May 2, 2014
New Text Underlined; [DELETED TEXT BRACKETED)
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Appendix V
(& KPB Parcel Viewer
Printed: Mar 14, 2014
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17KIlage with a Past, C# with a Future'
210 Fidalgo Avenue, Kenai, Alaska 99611 -7794
Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014
MEMORANDUM
TO: Mayor Porter and City Councilors
FROM: Scott Bloom, City Attorney
DATE: March 27, 2014
SUBJECT: Proposed Clarifying Amendment for Ordinance No. 2744 -2014
The proposed amendments are recommended to clarify the specific prohibited conduct intended
at this time: camping, parking, and fires. The Ordinance is drafted in a manner to allow for the
inclusion of future prohibited conduct as the need arises. For example, the ordinance could be
amended in the future with the addition of a new Section 2 to regulate hours of use, or other
activities. The recommended amendments are in bold below and an amended ordinance
incorporating the amendments is attached hereto.
Section 13.20.035 — Camping, Fires, and Other Activities on City Beaches.
(a) The intent of this section of code is to regulate camping, fires and other activities on City beaches
that threaten or have the potential to threaten or damage public and private property, use and
enjoyment of the beaches, public welfare, and other City interests. The following is prohibited:
1. Camping, starting or maintaining open fires, and parking is prohibited on City Beaches
as follows:
A. On that portion of the South Beach beginning at the line common to the NE ' /o,
and SE ' /a, of Section 7, Township 5 North, Range 11 West, Seward Meridian
Alaska South to the City of Kenai boundary, located on Section 7 and 18,
Township 5 North, Range 11 West, Seward Meridian, as shown on Appendix V
of Title 13 of the Kenai Municipal Code.
B. Without further authorization, the City Manager may temporarily expand the
area(s) closed to camping, starting or maintaining open fires, and parking on City
Beaches as necessary to protect the public health and welfare, City interests or
private property for periods not to exceed 30 days. Further extensions of not
more than 60 days may be approved by resolution of the City Council. In all
cases, reasonable public notice shall be provided.
C. The provisions of this section do not apply to governmental officials in the
performance of their official duties, or to private property owners otherwise
lawfully engaged in activities on their private property.
(b) A violation of this section shall be punishable as provided in KMC 13.05.010.
Y: \Ordinances & Resolutions \Ordinances \Ordinance No. 2744 -2014 KMC 13.20.035 MEMO 032714.docx