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HomeMy WebLinkAboutOrdinance No. 2755-2014Sponsored by: Councilors Molloy and Gabriel CITY OF KENAI NO. 2755 -2014 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KENAI MUNICIPAL CODE 13.20.035 - CAMPING, FIRES, AND OTHER ACTIVITIES ON CITY BEACHES, TO AUTHORIZE THE CITY MANAGER TO TEMPORARILY REGULATE BEACH ACTIVITIES TO PROTECT PUBLIC SAFETY, HEALTH OR WELFARE, AND FOR CITY MAINTENANCE OF PROPERTY. WHEREAS, Kenai Municipal Code 13.20.035 currently prohibits camping, open fires and parking at all times within a particularly described area on the South Beach; and, WHEREAS, occurrences including, but not limited to extreme high tides, high fire dangers, City maintenance, erosion and health hazards necessitate the temporary closure or prohibition of certain activities on City beaches, or sections thereof, from time to time to protect public safety, health or welfare or for City maintenance of City owned or managed property; and, WHEREAS, in order to respond efficiently to unforeseen events for the protection of public safety, health or welfare or for City maintenance of City owned or managed property, the City Manager must have authority to respond timely in order to regulate beach activities, which may be outside the timeframe of regularly scheduled Council meetings; and, WHEREAS, requiring reasonable public notice, and reporting of any restrictions to Council at the next council meeting after such restrictions are implemented, affords the public notice of temporarily prohibited or restricted activities, keeps the Council informed, and allows for modifications, retractions, or extensions of regulations imposed by the City Manager. WHEREAS, at the City of Kenai, Harbor Commission meeting on May 12. 2014, the Harbor Commission recommended, by unanimous vote, that Council pass this ordinance. 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. Amendment of 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 amended as follows: New Text Underlined; [DELETED TEXT BRACXETEDI Ordinance No. 2755 -2014 Page 2 of 3 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 safety, health and welfare, and other City interests. [THE FOLLOWING IS PROHIBITED:] 1. Camping, starting or maintaining open fires, and parking on City Beaches is prohibited as follows: A. On that portion of the South Beach beginning at the line common to the NE ' /a, 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.] 2. With reasonable public notice, and without further authorization, the City Manager may temporarily close City beaches or portions thereof to camping, starting or maintaining open fires, parking, vehicular access and other similar activities. Causes for such temporary closures include but are not limited to extreme high tides, conditions creating high fire dangers, health hazards, high waters or flooding or other risks to public safety, health or welfare or for the maintenance of City owned or managed property. A. Any temporary closure described in subsection (a)(2) above authorized by the City Manager must be reported to Council at the next Council meeting after the temporary closure takes effect. New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 2755 -2014 Page 3 of 3 B. Temporary closures authorized by the City Manager as described in subsection (a)(2) above may not exceed thirty (30) days. The Council may extend and modify closures by resolution. (b) "City beaches," for purposes of this code section, means the areas of the North and South Beach as shown on Appendix III and IV of Title 13 of the Kenai Municipal Code. (cc)[B] A violation of this section shall be punishable as provided in KMC 13.05.010. jdd) The provisions of this code 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. 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(1), this ordinance shall take effect 30 days after adoption. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 20th day of May, 2014. PAT PORTER, MAYOR A T^ Sand a o igh, City Clerk Introduced: May 7, 2014 Adopted: May 20, 2014 Effective: June 20, 2014 New Text Underlined; [DELETED TEXT BRACKETED] "Villaye with a Past, C# with a Future it 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 MEMORANDUM TO: Mayor Porter, Council Members, and Student Representative FROM: Council Members Brian Gabriel and Bob Molloy DATE: 05 -01 -14 SUBJECT: Ordinance No. 2755 -2014 Ordinance No. 2755 -2014 builds on the new code section enacted by Ordinance No. 2744 -2014, which Council passed at its 04 -02 -14 meeting. That earlier ordinance enacted KMC 13.20.035 — Camping, Fires, and Other Activities on City Beaches. The major purpose of that earlier ordinance was to prohibit camping, starting or maintaining open fires, and parking on the portion of the South Beach defined in that ordinance. Ordinance No. 2755 -2014 moves the subject matter of former Subsection (a).1.13 to new Subsection 2, and expands and clarifies that subject matter. New Subsection 2 provides that, with reasonable public notice in advance, the City Manager may temporarily close City beaches or portions thereof to camping, starting or maintaining open fires, parking, vehicular access and other similar activities in order to protect public safety, health or welfare, and for City maintenance of property. Causes for such temporary closures include but are not limited to extreme high tides, conditions creating high fire dangers, health hazards, high waters or flooding or other risks to public safety, health or welfare or to the maintenance of City owned or managed property. "City beaches" is defined to be the areas of the North and South Beach as shown on Appendix III and IV of Title 13 of the Kenai Municipal Code. Ordinance No. 2755 -2014 provides that any temporary closure authorized by the City Manager may not exceed thirty (30) days and must be reported to Council at the next Council meeting after the temporary closure takes effect. This new ordinance also provides that Council may extend and modify closures by resolution, and it moves the subject matter of former Subsection (a). LC -- exempting both governmental officials in the performance of their official duties and private property owners otherwise lawfully engaged in activities on their private property -- to new Section (d). Your support of this ordinance is respectfully requested. ►V "Villaye with a Past, C# with a Future fl 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 / FAX: 907- 283 -3014 MEMORANDUM TO: Mayor Porter, Co- Sponsor Council Member Gabriel Council Members and Student Representative FROM: Council Liaison Bob Molloy DATE: 05 -13 -14 SUBJECT: Ordinance No. 2755 -2014 Harbor Commission's Recommendation for Council At the Harbor Commission meeting on Monday 05- 12 -14, the Commission considered Ordinance No. 2755 -2014. This ordinance amends KMC 13.20.035 — Camping, Fires, and Other Activities on City Beaches to provide that, with reasonable public notice in advance, the City Manager may temporarily close City beaches, or portions of the beaches, to camping, starting or maintaining open fires, parking, vehicular access and other similar activities in order to protect public safety, health or welfare, and for city maintenance of property. After discussion, the Harbor Commission voted unanimously to approve a motion to recommend passage of Ordinance No. 2755 -2014. Therefore, the Last WHEREAS clause could be amended to state: WHEREAS, at its regularly scheduled meeting of May 12, 2014, the Harbor Commission recommended, by unanimous vote, that Council pass this ordinance.