CITY OF HOMER

City Manager

HOMER, ALASKA

ORDINANCE 01-38

AN ORDINANCE OF THE CITY OF HOMER AMENDING HOMER CITY CODE SECTION 18.28.050, DEFINITIONS, BY ADDING SUBSECTION 36. THE DEFINITION OF WASTE OR INJURY TO LAND.

WHEREAS, the Beach Policy Task Force Final Recommendations, adopted by the City Council via Resolution 01-44(A) on June 25, 2001, suggested that Homer City Code (HCC) §18.28.200 be amended to include a definition that would aid enforcement of this section of the City Code; and

WHEREAS, HCC 18.28.200, Waste or injury to land, states that 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 damages caused, upon conviction be punished in accordance with Section 1.16.010; and

WHEREAS, the Chief of Police indicated that defining "waste or injury to land" would aid enforcement of HCC 18.28.200; and

WHEREAS, the Beach Policy Task Force suggested the following definition: "Disturbance of ground cover, damage to vegetation, littering or dumping of waste, removal of or damage to any material from a berm, or use of a vehicle in areas designated as prohibited to vehicles."; and

WHEREAS, the Beach Policy Task Force recommended that the clam dredge, satellite dish and pole be removed; and

WHEREAS, to assist in beginning this process the Homer Police Department, pursuant to Homer City Code §§18.20.020 -- 030, posted a "Notice to Owner" regarding the abandoned clam dredge on the Homer Spit Beach.

NOW, THEREFORE, THE CITY OF HOMER HEREBY ORDAINS:

Section 1. Section 18.28.050, Definitions, of the Homer City Code is hereby amended to add subsection 36, "Waste or injury to land".

36. "Waste or injury to land", means the disturbance of ground cover, damage to vegetation, littering or dumping of waste, removal of or damage to any material from a berm, or use of a vehicle in areas designated as prohibited to vehicles.

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

Page Two

Ordinance 01-38

City of Homer

ENACTED BY THE CITY COUNCIL OF THE CITY OF HOMER, ALASKA, THIS ____ DAY OF _________, 2001.

CITY OF HOMER

___________________________

JACK CUSHING, MAYOR

ATTEST:

____________________________________

MARY L. CALHOUN, CMC, CITY CLERK

AYES:

NOES:

ABSTAIN:

ABSENT:

First Reading:

Public Hearing:

Second Reading:

Effective Date:

Reviewed and approved as to form:

_________________________ __________________________

Ron Drathman City Manager Gordon J Tans City Attorney

Date:_________________ Date: ________________