CITY MANAGER
CITY ATTORNEY
WHEREAS, there is a history of dumping a substantial number of batteries in the waters of the Homer harbor; and
WHEREAS, the presence of batteries in the harbor waters poses serious health concerns and causes the city to incur substantial expenses to locate and remove the batteries; now, therefore,
THE CITY OF HOMER HEREBY ORDAINS:
Section 1. A new chapter 10.08, entitled "Protection of Port and Harbor," is hereby added to the Homer city Code to read as follows:
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10.08.010 Scope. This chapter applies to Homer Harbor and all waterways within the boundaries of the City.
10.08.020 Definitions. In this chapter, unless the context otherwise requires:
"dump" means to discharge, deposit, dump, spill, leak, inject, or place any battery into or on any land or water so that such battery or any constituent thereof enters the Homer Harbor or any waterway.
"Homer Harbor" means all salt water and tide water within the boundaries of the city, including but not limited to the small boat harbor and the port.
"waterway" means any water, waterway, lake, river, tributary, or lagoon within the boundaries of the city.
10.08.030 Dumping Batteries Prohibited. It is unlawful for any person to knowingly dump a battery into the Homer Harbor or any waterway.
10.08.040 Penalty. Any person convicted of a violation of section
10.08.030 shall be punished by a fine of $1,000. Each battery dumped shall constitute a separate offense.
10.08.050 Recovery of Costs and Civil Remedies. In addition to any other authorized penalty, any person who knowingly dumps one or more batteries in the Homer Harbor or any waterway shall be liable for the cost of removing the battery or batteries and the cost of repairing or remediating any damage caused by the battery or batteries. The city may also exercise any civil remedy available under section 1.16.020.
10.08.060 Reward. The city will pay a reward to any person or who provide information leading to the apprehension and conviction of a person found guilty of violating section 10.08.030. The total reward will equal one-half of the penalty imposed on such guilty person under section 10.08.040, not to exceed $1000.00. No law enforcement officer, municipal officer, official, or employee of the city is eligible for a reward. The city manager will determine whether a reward has been earned and whether a particular reward will be divided among two or more persons based on the information provided by multiple informants. The city manager may establish procedures to implement this section.
10.08.070 Nuisance. It his hereby declared that the presence of batteries in the waterways or the Homer Harbor is a public nuisance. Such nuisance may be abated by the city as appropriate under law at the expense of the person or persons creating, causing, committing, or maintaining it.
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 THE CITY OF HOMER, ALASKA, this ____ day of , 2000.
CITY OF HOMER
Jack Cushing, Mayor
ATTEST:
Mary L. Calhoun, City Clerk
AYES:
NOES:
ABSTAIN:
ABSENT:
First Reading:
Public Hearing
Second Reading
ŒEffective Date:
Reviewed and approved as to form:
Ron Drathman, City Manager
Gordon J Tans, City Attorney