Ordinance 15-29 Amending Homer City Code to Restrict Vehicles in Beach Areas

CITY OF HOMER
HOMER, ALASKA

Lewis/Reynolds

ORDINANCE 15-29

AN ORDINANCE OF THE CITY COUNCIL OF HOMER, ALASKA, AMENDING HOMER CITY CODE 1.16.040, DISPOSITION OF SCHEDULED OFFENSES—FINE SCHEDULE, ENACTING HOMER CITY CODE CHAPTER 7.16, VEHICLES IN BEACH AREAS, AND REPEALING HOMER CITY CODE CHAPTER 19.16, VEHICLES ON HOMER SPIT BEACH, TO RESTRICT THE OPERATION, STOPPING AND PARKING OF MOTOR VEHICLES IN BEACH AREAS.

THE CITY OF HOMER ORDAINS:

Section 1.  Subsection (c) of Homer City Code 1.16.040, Disposition of scheduled offenses—fine schedule, is amended by adding new lines to read as follows:

Code Section

Description of

Offense

Fine

1st offense

2nd offense

3rd & subsequent offenses

7.16.020

Motor vehicle in beach area

$25

$250

$500

7.04.030

Motor vehicle on storm berm

$25

$250

$500

Section 2.  Homer City Code Chapter 7.16, Vehicles in Beach Areas, is enacted to read as follows:

7.16.010 Definitions.

In this chapter:

“Beach area” means all of the following, whether publicly or privately owned:  submerged land, tideland, and the zone of sand, gravel and other unconsolidated materials that extends landward from the elevation of mean high water to the place where there is a marked change in material or physiographic form.

“Berm” means a natural, linear mound or series of mounds in a beach area composed of sand, gravel, or both, generally paralleling the water at or landward of the elevation of mean high water.

“Motor vehicle” means a device in, upon, or by which a person or property may be transported or drawn upon or immediately over land, that is self-propelled except by human or animal power.

“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 waterborne materials. A beach area may have more than one storm berm.

“Submerged land” means land covered by tidal water from the elevation of mean low water seaward to the corporate boundary of the city.

“Tideland” means land that is periodically covered by tidal water between the elevation of mean high water and mean low water.

7.16.020 Operating, stopping or parking of motor vehicles in beach areas prohibited; Exceptions.

a. Except as provided in subsections b and c of this section, no person may operate, stop or park a motor vehicle within or upon any beach area.

b. A person may operate, stop or park a motor vehicle from October 1 until the following March 31 within and upon the beach area bounded on the west by a line extending south from the westernmost point on Ocean Drive Loop and on the east by a line extending southwest from the centerline of the mouth of the Fishin’ Hole.

c. An owner of property immediately adjacent to a beach area may operate, stop and park a motor vehicle within or upon a beach area as is reasonably necessary to maintain the owner’s property, in accordance with the terms of a permit issued for that purpose by the chief of police.

7.16.030 Operating, stopping or parking of motor vehicles on storm berms prohibited.

No person may operate, stop or park a motor vehicle upon a storm berm.

7.16.040 Impoundment authorized.

A vehicle that is stopped or parked in violation of this chapter may be impounded as provided in HCC Chapter 7.08.

Section 3.  Homer City Code Chapter 19.16, Vehicles on Homer Spit Beach, is repealed.

Section 4.  This Ordinance is of a permanent and general character and shall be included in the City Code.

ENACTED BY THE CITY COUNCIL OF THE CITY OF HOMER, ALASKA, this _____ day of _______________ 2015.

CITY OF HOMER

______________________
MARY E. WYTHE, MAYOR

ATTEST:

____________________________

JO JOHNSON, MMC, CITY CLERK

AYES:

NOES:

ABSTAIN:

ABSENT:

First Reading:

Public Reading:

Second Reading:

Effective Date:

Reviewed and approved as to form:

                                                                                                                                                                                                  
Mary K. Koester, City Manager                                                          Thomas F. Klinkner, City Attorney

Date: _________________________                                              Date: _________________________