19.16.030 Use of vehicles-Prohibited.
19.16.010 General . It is the intent of this chapter to preserve and protect certain beach areas of the Homer Spit from the uncontrolled and ever increasing use of such areas by persons driving wheeled, motorized vehicles thereon. (Prior code 12-600.1).
For the purposes of this chapter, "beach area" shall include the zone of sand, gravel and other unconsolidated materials that extends landward from the low water line to the place where there is a marked change in material or physiographic form.
a. "Berm" means a natural, linear mound or series of mounds of sand or gravel, or both, generally paralleling the water at or landward of the line of ordinary high tide.
b. "Storm berm" means a berm formed by the upper reach of storm wave surges or the highest tides. Storm berms generally include an accumulation of seaweed, driftwood, and other water-borne materials. A beach may have more than one storm berm.(Ord. 02-14(A) 2, 2002; Prior code 12-600.2).
19.16.030 Use of vehicles Prohibited.
a. No person shall operate a recreational vehicle, motorcycle, motor bike, or motor scooter within or upon that beach area as defined in the immediately preceding section located from a line bisecting the Homer Spit at the centerline of the mouth of the Fishin' Hole to the tip of the Spit.
b. For the purpose of this section, recreational vehicle is defined as a self-propelled vehicle having wheels, tracks or rollers that may be operated on land areas located off the public roads. Use of vehicles engaged in commercial activity, as opposed to recreational, is exempted from this prohibition.
c. No person shall operate any motorized vehicle upon a storm berm on any beach within the city limits of Homer except in designated areas.
d. No person shall operate any motorized vehicle upon the following beach or tidal areas:
1. Mud Bay
2. Louie's Lagoon
3. Mariner Park Lagoon
4. Beluga Slough
e. The Official "Beach Policy Map of the City of Homer" is enacted by reference and declared to be part of this chapter in its exact form as it exists on the date that the ordinance is codified in this chapter and is adopted by the City Council. (Ord. 02-14(A) 2, 2002; Ord. 01-39, 2001; Ord. 78-16 1, 1978: prior code 12-600.4).
19.16.040 Violation Penalty.
The violation of any provision contained in this chapter shall be punished as follows:
a. first offense $ 25 fine
b. second offense $250 fine
c. third and subsequent offenses $499 fine.
Ord. 02-14(A) 1, 2002; Prior code 12-600.6).
[i] For provisions regarding the impounding of vehicles on Homer Spit Beach, see Chapter 7.16. Prior ordinance history: Ordinance 77-10.