CITY OF HOMER

City Manager

HOMER, ALASKA

ORDINANCE 01-39

AN ORDINANCE OF THE CITY OF HOMER AMENDING HOMER CITY CODE SECTION 19.16.030, USE OF VEHICLES PROHIBITED, BY DELETING THE OBSOLETE REFERENCE TO WHITNEY FIDALGO ACCESS ROAD.

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) §19.16.030 be amended to delete the obsolete reference to Whitney Fidalgo Access Road.

NOW, THEREFORE, THE CITY OF HOMER HEREBY ORDAINS:

Section 1. Section 19.16.030, Use of Vehicles Prohibited, of the Homer City Code is hereby amended to read as follows:

19.16.030 Use of vehicles--Prohibited. a. No person shall operate a recreational vehicle, motorcycle, motor bike, or motor scooter within or upon that beach area as defined in the immediately preceding section located between a line bisecting the Homer Spit at the centerline of the Whitney-Fidalgo access road and the tip of the Spit. from a line bisecting the Homer Spit at the centerline of the mouth of the Fishin' Hole to 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, is exempted from this prohibition.

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

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

CITY OF HOMER

___________________________

JACK CUSHING, MAYOR

Page Two

Ordinance 01-39

City of Homer

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: ________________