CITY OF HOMER
HOMER, ALASKA
ORDINANCE 00-12
AN ORDINANCE OF THE CITY COUNCIL OF HOMER, ALASKA AMENDING CHAPTER 19.16 OF THE HOMER CITY CODE REGULATING THE USE OF MOTOR VEHICLES ON BEACHES IN THE CITY
WHEREAS, unregulated motorized vehicle use on the tidelands and beaches and coastal zone within the city poses a threat to public safety and creates conflicts with pedestrians and other non-motorized uses of the beaches; and
WHEREAS, unregulated motorized vehicle use in such areas is potentially highly destructive to wildlife habitat, particularly on storm berms and mud flats; and
WHEREAS, Section 18.28.200 entitled "Waste or injury to Land" states "It is unlawful for any person to commit waste or other injury upon City-owned tideland and contiguous submerged land and the person so offending shall, in addition to being civilly liable for any damage caused, upon conviction be punished in accordance with Sec. 1.16.010;" and
WHEREAS, the Homer Comprehensive Plan Update, page 4 Homer Spit Plan, states "Priority for the Mud Bay area of the Homer Spit shall be for conservation;" and
WHEREAS, the Homer Comprehensive Plan Update, page 4 Homer Spit Plan, states that one of the proposed action items is to "Maintain and protect traditional uses of the beaches along the spit such as gathering coal, shellfish and others;" and
WHEREAS, the Homer Comprehensive Plan Update, page 5 Homer Spit Plan, states that another of the proposed action items is to "Continue discouraging motorized vehicle traffic in the critical habitat areas on the Homer Spit beaches. Encourage the build up of driftwood on Spit beaches;" and
WHEREAS, the Council hereby finds that the foregoing concerns, priorities, and policies reflect important public policy considerations that, generally speaking, should apply to all tidewater beaches in the City;
NOW THEREFORE BE IT ORDAINED by the Homer City Council:
Section 1. Homer City Code Chapter 19.16 entitled "Vehicles on Homer Spit Beach" shall be re-titled as "Motor Vehicle Use In City Coastal Zone."
Section 2. Section 19.16.010 of the Homer City Code is hereby amended to read as follows:
19.16.010 General. It is the intent of this chapter to preserve and protect certain beach areas the coastal zone adjacent to the waters of Kachemak Bay and Cook Inlet of the Homer Spit from damage caused by the uncontrolled and ever increasing use of such areas by persons driving wheeled, motorized vehicles thereon.
Section 3. Section 19.16.020 of the Homer City Code is hereby amended to read as follows:
19.16.020 Beach Area DefinedDefinitions. 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. "coastal bank" means the seaward face or side of any elevated landform, other than a coastal dune, that lies at the landward edge of a coastal beach, intertidal area, or marine coastal water. Coastal bank also means coastal engineering structures serving the purpose of storm damage prevention or flood control.
b. "coastal beach" means the accumulation of unconsolidated sediment that is limited by low tide on the seaward margin and by the limit of storm wave action on the landward side. It includes the zone from extreme low water to the extreme high water, including the winter storm berm.
c. "coastal zone" means the coastal beaches, dunes, storm berms, intertidal areas, and marine coastal waters of Kachemak Bay and Cook Inlet seaward of the coastal bank.
d. "dune" means an emergent mound, hill, or ridge of sand, either bare or vegetated, located on land bordering the waters of Kachemak Bay or Cook Inlet. Dunes are naturally formed by the windward transport of sediment, but can also be created as man-made vegetated mounds. Natural dunes are usually found adjacent to the uppermost limit of wave action and are usually marked by an abrupt change in slope landward of the beach. The term includes coppice mounds, foredunes, dunes comprising the foredune ridge, backdunes, and man-made vegetated mounds.
e. "intertidal area" means an area subject to periodic or occasional inundation by tides, including coastal floodplains and storm surge areas.
f. "marine coastal water" means water adjacent to the shore of Kachemak Bay or Cook Inlet and that contains a measurable quantity of seawater, including sounds, bays, lagoons, bayous, ponds, sloughs, and estuaries, and the living resources that are dependent on these bodies of water.
g. "motorized vehicle" means a motorized self-propelled vehicle having wheels, tracks, or rollers.
Section 4. Section 19.16.030 of the Homer City Code is hereby amended to read as follows:
19.16.030 Use of vehicles -- Prohibited; exceptions. a. No person shall operate a motorized vehicle in the coastal zone in the City.recreational vehicle, motorcycle, motor bike, or motor scooter within or upon that beach area as defined in the immediately precding section located between a line bisecting the Homer Spit at the centerline of the Whitney-Fidalgo access road and 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 activity, Use of a motorized vehicle in a coastal zone for coal gathering, construction projects or set net fishing is exempted from this prohibition.
c. Persons using a motorized vehicle in a coastal zone for uses authorized by subsection (b) shall operate the vehicle in a manner to cause no more impact to the coastal zone, wildlife, wildlife habitat, vegetation, and non-vehicular users of the coastal zone than is minimally necessary for the accomplishment of the authorized activity.
Section 5. This ordinance shall become effective immediately upon enactment.
PASSED AND ENACTED by the Homer City Council this ____ day of ___________, 2000.
CITY OF HOMER
_______________________________
Jack Cushing, Mayor
ATTEST:
_____________________________
Mary L. Calhoun, CMC, City Clerk
Introduction:
Public Hearing:
Second Reading:
Effective Date:
AYES:
NOES:
ABSTAIN:
ABSENT:
Reviewed and approved as to form:
_____________________________ ___________________________
Ron Drathman Date
_____________________________ ___________________________
Gordon Tans, City Attorney Date