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HomeMy WebLinkAboutOrdinance No. 2756-2014M Sponsored by: Councilors Molloy and Gabriel CITY OF KENAI ORDINANCE NO. 2756 -2014 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, REPEALING KENAI MUNICIPAL CODE 13.20.030 - PROTECTION OF NORTH AND SOUTH SHORE, AND RE- ENACTING IT AS KENAI MUNICIPAL CODE 13.20.030 - PROTECTION OF ENVIRONMENTALLY SENSITIVE AREAS, TO EXPAND ITS APPLICATION AND TO AUTHORIZE THE CITY MANAGER TO IMPLEMENT RESTRICTIONS ON PUBLIC ENTRY, ACCESS AND USE FOR THE PROTECTION OF ENVIRONMENTALLY SENSITIVE AREAS OWNED OR MANAGED BY THE CITY, SUBJECT TO CHANGE BY THE COUNCIL. WHEREAS, Kenai Municipal Code 13.20.030 - Protection of North and South Shore currently prohibits the public from entering areas of the North and South Shore of the Kenai Beach marked as "No Trespassing" to protect environmentally sensitive areas; and, WHEREAS, the City owns environmentally sensitive areas that are not on the North and South Shore of the Kenai Beach and that also can easily be degraded by use or certain kinds of use; and, WHEREAS, expanding the scope of the Ordinance to allow for access and use restrictions on all environmentally sensitive areas for which the City is responsible and clarifying the process for implementing such restriction is in the best interest of the City; and, WHEREAS, at the City of Kenai, Harbor Commission meeting on May 12, 2014, the Harbor Commission recommended, by unanimous vote, that Council support 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. Repealing and Re- enacting of Section 13.20.030 of the Kenai Municipal Code: That Kenai Municipal Code, Section 13.20.030 - Protection of the North and South Beach, is hereby repealed and re- enacted as follows: 13.20.030 Protection of Environmentally Sensitive Areas. (a) The intent of this section is to provide for the protection of environmentally sensitive areas owned or managed by the City. Such areas include but are not limited New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 2756 -2014 Page 2 of 2 (bb) With reasonable public notice, and without further authorization, the Citv Manager may temporarily, seasonally or permanently close environmentally sensitive areas owned or managed by the City to all or limited forms of entry, access and use, subject to change by the Council. (c) Areas closed under this section by the City Manager must be reported to Council at the next Council Meeting following such closure. (d) The Council may direct the City Manager to open, close, extend or modify a closure by resolution. (e) It is a violation of this section; 1) To enter or remain on an area owned or managed by the Citv of Kenai that is reasonably marked with signage including but not limited to "No Trespassing "; "Closed" or "Restricted Access" or (2) To enter upon, access or use an area marked as a "Closed" or "Restricted Access" area by a means prohibited by such notification. (g) A violation of this section shall be punishable as provided in KMC 13.05.010. (fl The provisions of this section do not apply to governmental officials in the performance of their official duties where such duties reasonably require the official to enter upon the area designated for closure. 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(f), 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. 0c PAT PORTER, MAYOR ATTF�&Z: Sand aXodrgh, Citr'Clerk Introduced: May 7, 2014 Adopted: May 20, 2014 Effective: June 20, 2014 New Text Underlined; ]DELETED TEXT BRACKETED] ►i 1/K11e with a Past, Git, with a bdure" 0 Fidalgo Avenue, Kenai, laska 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. 2756 -2014 Ordinance No. 2756 -2014 repeals KMC 13.20.030 — Protection of the North and South Beach and then re- enacts KMC 13.20.030 as Protection of Environmentally Sensitive Areas. This ordinance addresses issues identified during Council work sessions in 2013 -2014. The Council and Administration received public comments about other areas of environmentally sensitive City owned or managed property in the Kenai River estuary that may need protection on a temporary or seasonal basis in July of each year, which areas may be outside the North and South Beaches as defined in existing code and its Appendix III (Maps attached). The Administration has expressed that there may be other areas of City owned or managed property that are environmentally sensitive in the Kenai River estuary and that are subject to excessive degradation; for example excessive degradation of property from the dip net fishery in the month Of July.Z Like the existing code, Ordinance No. 2756 -2014 provides for the protection of environmentally sensitive areas. Ordinance No. 2756 -2014 expands the definition of "environmentally sensitive areas" in two (2) ways. First, the ordinance expands the area of property that may be protected to "environmentally sensitive areas owned or managed by the City," so the area is not limited to the North and South Beaches as in the existing code.3 Second, this ordinance adds "bluffs" and "drainages" plus some other limiting language in section (a);° while the previous code's 'A copy of the code being repealed is attached. 'Like the existing code, this ordinance does not apply to private property. ' If Ordinance No. 2756 -2014 passes, then Appendix III (the Maps) will not apply because environmentally sensitive areas owned or managed by the City may be outside the Maps, Appendix III. 4 Section (a): "Such areas include but are not limited to dunes, bluffs, wetlands, and drainages that may be easily degraded or impacted by human activities." Mayor Porter and City Councilors 05 -01 -14 Page 2 of 2 subsection (b)(1) limited the definition to "wetland or sand dune area(s) that are reasonably marked as "No Trespassing." This ordinance does not regulate or apply to private property. In summary, this ordinance codifies the authority of the City Manager, with reasonable public notice in advance, to temporarily, seasonally or permanently close environmentally sensitive areas owned or managed by the City to all or limited forms of entry, access and use, subject to change by the Council. Areas closed by the City Manager must be reported to Council at the next Council Meeting following such closure. The Council may direct the City Manager to open, close, extend or modify a closure by resolution. Violations are defined in (e) and are punishable as provided in KMC 13.05010. Section (g) exempts governmental officials in the performance of their official duties, where such duties reasonably require the official to enter upon the area designated for closure. Your support of this ordinance is respectfully requested Chapter 13.20 OFFENSES AGAINST PROPERTY Sections: 13.20.010 Placing signs on another's property. 13.20.020 Throwing or shooting at persons or property. 13.20.030 Protection of North and South Shores. 13.20.040 Trespass. 13.20.010 Placing signs on another's property. It is unlawful for any person to place, stick, tack, paste, post, paint, mark, write, or print any sign, poster, picture, announcement, advertise- ment, bill, placard, device, or inscription upon any public or private building, fence, sidewalk, bridge, viaduct, post, automobile, other vehicle, or other property of another without the consent of the owner or person in charge thereof. (KMC 13 -21; Ord. 419) 13.20.020 Throwing or shooting at persons or property. It is unlawful for any person to throw or shoot any stone, shot, or other object into or across any street or alley, or any place where he is likely to hit another person wrongfully or to injure property, or throw or shoot any stone, shot, or other object at any person, vehicle, structure, elec- tric light, or other property of another (whether public or private), except in case where such is done justifiably in defense of oneself, another person, or of property. (KMC 13 -22; Ord. 419) 13.20.030 Protection of North and South Shore. (a) The intent of this section is to protect the environmentally sensitive areas on portions of the North and South Shore of the Kenai Beach. For purposes of this section the North Shore area of the Kenai Beach is the 13.20.010 area shown on Appendix III of Title 13 of the Kenai Municipal Code. For purposes of this section the South Shore area of the Ke- nai Beach is the area shown on Appendix IV of Title 13 of the Kenai Municipal Code. (b) It is a violation; (1) To enter on wetland or sand dunes area(s) that are reasonably marked as "No Trespassing;" or (2) To remain on such designated wetland or sand dune area after the person has been requested to leave the sand dune area by someone with the apparent au- thority to do so. (c) The City Manager or designee is authorized to cause the posting of signs designating "No Trespassing." (d) For purposes of this section, a "sand dune" is defined as a naturally occurring accumula- tion or sand ridges or mounds landward of the high water mark. (e) For purposes of this section, "wetlands" is defined as those areas that are inundated or saturated by surface ground water at a fre- quency and duration sufficient to support, and under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wet- lands generally include swamps, marshes, bogs and similar area. (f) The provisions of this section do not apply to governmental officials in the performance of their official duties, where such duties reasonable require the official to go upon the designated sand dune area. (g) A violation of this section shall be punish- able as provided in KMC 13.05.010. Content Highlighted is Being Repealed. 223 (Kenai Supp. No. 93,10-08) 13.20.030 ►fIrlfilm ►� coffil"irl "I' WNI [Ditto] [MAP WILL NOT APPLY TO KMC 13.20.0301 (Kenai Supp. No. 93, 10 -08) 224 13.20.030 ' ... ' G Fly � r 1. �i%� r �rf: •„ '-• -�- J i 1 � t IF ORDINANCE 2756 -2014 PASSES, MAP WILL NOT APPLY TO PROTECTION 2'F ENVIRONMENTALLY S.pp. No. 3.10 -08) SENSITIVE AREAS, AS AREAS COULD BE OUTSIDE MAP. "Villaye 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, Co- Sponsor Council Member Gabriel Council Members and Student Representative FROM: Council Liaison Bob Molloy DATE: 05 -13 -14 SUBJECT: Ordinance No. 2756 -2014 Harbor Commission's Recommendation for Council At the Harbor Commission meeting on Monday 05- 12 -14, the Commission considered Ordinance No. 2756 -2014. This ordinance2014 repeals KMC 13.20.030 — Protection of the North and South Beach and then re- enacts KMC 13.20.030 as Protection of Environmentally Sensitive Areas. Ken Tarbox, a member of the public, spoke in support of this ordinance. After discussion, the Harbor Commission voted unanimously to approve a motion to support Ordinance No. 2756- 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 support this ordinance. M /ZKlIve with a Past, Gi'a with a Future" 0 Fidalgo Avenue, Kenai, laska 99611 -7794 Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 MEMORANDUM TO: FROM: DATE: Mayor Porter, Council Members and Student Representative Council Member Bob Molloy 05 -13 -14 SUBJECT: Ordinance No. 2756 -2014 Ordinance No. 2756 -2014 repeals KMC 13.20.030 — Protection of the North and South Beach and then re- enacts KMC 13.20.030 as Protection of Environmentally Sensitive Areas. The two photographs accompanying this memo show damages to the wetlands off of Bowpicker in two locations. These photos are examples of two locations that the City Manager might choose to close temporarily during the month of July, or might close to ATV travel. These two areas are not recovering on their own, as shown in these photos taken after snowmelt this April 2014. Your support of this ordinance is respectfully requested.