Ordinance 16-13 HCC 7 Amendment to Define Period Motor Vehicles Permitted on Mariner Park Beach

CITY OF HOMER
HOMER, ALASKA

Lewis

ORDINANCE 16-13

AN ORDINANCE OF THE CITY COUNCIL OF HOMER, ALASKA, AMENDING HOMER CITY CODE 7.16.020 OPERATING, STOPPING OR PARKING OF MOTOR VEHICLES IN BEACH AREAS PROHIBITED; EXCEPTIONS, TO EXTEND FROM OCTOBER 1 TO MARCH 31 THE PERIOD DURING WHICH A PERSON MAY OPERATE, STOP AND PARK A MOTOR VEHICLE BETWEEN THE SOUTH END OF MARINER PARK BEACH AND THE EAST END OF THE SEAWALL SOLELY FOR THE PURPOSE OF GATHERING SAND AND COAL.

THE CITY OF HOMER ORDAINS:

Section 1.  Homer City Code 7.16.020, Operating, stopping or parking of motor vehicles in beach areas prohibited; Exceptions, is amended to read as follows:

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

a. Except as provided in subsections b through d 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 within and upon the beach area east of a line extending south from the southern end of a line extending south from the southern end of the vacated easement formally known as Shirlene Circle, and within and upon the beach area west of Bishops Beach Park Access.

c. A person may operate, stop or park a motor vehicle within and upon the beach area between the south end of Mariner Park beach to the east end of the seawall from October 1 through March 31 solely for the purpose of gathering sand and coal.

d. 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.

e. Nothing in this section permits a person to operate, stop or park a motor vehicle within or upon privately owned property in a beach area without the permission of the property owner.

Section 2. This Ordinance is of a permanent and general character and shall be included in the City Code.

ENACTED BY THE CITY COUNCIL OF HOMER, ALASKA, this 11th day of April, 2016.

CITY OF HOMER

                                                                                                         _______________________

                                                                                                         MARY E. WYTHE, MAYOR
 

ATTEST:

______________________________

JO JOHNSON, MMC, CITY CLERK

AYES:

NOES:

ABSTAIN:

ABSENT:

First Reading:

Public Hearing:

Second Reading:

Effective Date:

Reviewed and approved as to form:

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

Date:                                                                                                             Date: