CITY OF HOMER
HOMER, ALASKA
Cue, Yourkowski
ORDINANCE 02-14(A)
AN ORDINANCE OF THE CITY COUNCIL OF HOMER, ALASKA, AMENDING HOMER CITY CODE, CHAPTER 19.12, EXCAVATION OF HOMER SPIT BEACH, BY ADDING SUBSECTION C. TO SECTION 19.12.020 DEFINITION OF STORM BERM IS RENAMED “DEFINITIONS”, REPEALING AND REENACTING 19.12.090, PROHIBITION ON DRIFTWOOD REMOVAL AND ADDING A NEW SECTION 19.12.100, VIOLATION--PENALTIES; AND AMENDING HOMER CITY CODE CHAPTER 19.16, VEHICLES ON HOMER SPIT BEACH, BY ADDING A NEW SECTION 19.16.021 DEFINITION OF STORM BERM, ADDING SUBSECTIONS C. AND D. TO SECTION 19.16.030, USE OF VEHICLES - PROHIBITED AND AMENDING SECTION 19.16.040, VIOLATION--PENALTIES.
NOW, THEREFORE, THE CITY OF HOMER ORDAINS:
Section 1. Homer City Code Chapter 19.12 is hereby amended to read as follows:
Chapter 19.12
EXCAVATION
OF HOMER SPIT BEACH[1]
Sections:
19.12.010 Intent.
19.12.020 Definitions.
19.12.030 Reference to materials plat--Permits.
19.12.040 Guidelines.
19.12.050 Exceptions.
19-12.060 Review.
19.12.070 Nonliability.
19.12.080 Conformance to permit.
19.12.090 Violation--Penalties. Driftwood
Removal Prohibited.
19.12.100 Violation--Penalties.
19.12.010 Intent.
It is the intent of this chapter to protect and preserve the stability of that
land area known as the Homer Spit and all the land areas within the corporate
limits of the City which may require like protection. (Prior code 91-100.1).
19.12.020 Definitions. The following words, when used in
this chapter, shall, for the purpose of this chapter, have the meanings
respectively ascribed to them in this section:
a.
"Excavation" means the digging out and removal of gravel or
other fill materials whereby any existing surface grade is altered or
disturbed.
Page Two
Ordinance
02-14(A)
City of
Homer
b. "Removal" means the movement,
by lifting, pushing aside or taking away or off of any gravel or other fill
materials from any area subject to the provisions of this chapter. (Prior code '1-100.9).
c. “Storm berm” is the natural berm of sand, gravel and other
unconsolidated materials that develops at the uppermost point of the high tide
line. Storm berms most generally contain a steeper lower slope, a flatter upper
slope and a line of seaweed, driftwood and other debris along their top edge.
c.
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.
d.
“Berm” means a natural, linear mound or series of mounds of sand or gravel, or
both, generally paralleling the water at or landward of the line of ordinary
high tide.
e.
“Storm berm” means a berm formed by the upper reach of storm wave surges or the
highest tides. Storm berms generally include an accumulation of seaweed,
driftwood, and other water-borne materials. A beach may have more than one
storm berm.
19.12.030 Reference to
materials plat--Permits. The removal or excavation of gravel, gravel fill or other fill
material from any beach or from any portion of the Homer Spit shall be
regulated by the City. Reference shall be made in all cases to the Materials
Plat prepared jointly by the State Division of Lands and the U. S. Corps of
Engineers, which is available and may be examined during business hours at the
Homer City Hall. A permit shall be required in the following instances:
a. Whenever-gravel, gravel fill or other
fill material is removed from Homer Spit or from beaches elsewhere within the
corporate limits, of the City;
b. Whenever such materials are removed or
excavated from any naturally created berm area, or from any berm area created
for the protection of the land areas. (Prior code '1-100.2).
19.12.040 Guidelines. Any applicant for a permit shall comply
with the following:
a. Permits shall be
issued pursuant to guidelines formulated by the State Division of Lands and the
U.S. Corps of Engineers, as referred to by the above‑mentioned Materials
Plat. Such guidelines may be altered
from time to time by the Division of Lands and the Corps of Engineers as
additional data is received by these agencies.
b. No permits shall be
issued for excavation or removal of gravel or fill materials from area
"A" as designated on the above‑mentioned plat prior to review
and approval of the permit application by the Corps of Engineers and the
Division of Lands.
c. Permits may be issued
by the City for such excavation or removal from areas "B" and
"C" as designated on the plat, without review and approval of the
permit application by the Corps of Engineers or the Division of Lands.
d. No permit will be
issued by the City for such excavation or removal of gravel, gravel fill or
other fill materials from any area other than areas "A",
"B" and "C" as designated on the Materials Plat.
Page Three
Ordinance 02-14(A)
City of Homer
e. All permit application required under this
chapter shall be accompanied by a site plan showing the precise location and
dimensions of the proposed excavation or removal in reasonably sufficient
detail, including depth, and stating the amount of material to be excavated or
removed.
f. All applications required under this chapter
shall be submitted to the City Clerk, together with the request accompanying
instruments, and a permit fee of five dollars.
g. No permit shall be issued that will allow
gravel, gravel fill, or other fill materials to be taken off the Homer
Spit. Any such materials excavated or
removed anywhere on the Homer Spit shall be used only at another location on
the Homer Spit.
h. Gravel for transshipment: Non-native gravel
or other earthen commodities may be shipped to the Homer spit, stored on the
Spit, and exported from the Spit.
Gravel for transshipment must be permitted by the City of Homer. The permit shall describe the terms and
timelines of the transshipment and the volumes of materials involved. (Ord.
98-2(A)(S)(A) '2, 1998; prior code '1-100.3).
19.12.050 Exceptions. a. No permit shall be required for excavation
necessary for the installation of sewage lines, water lines, underground power
lines, armor rock or piling, wells, oil and fuel tanks and
related lines and aboveground power lines from any location other than a berm
area, provided such excavated material is not removed from site of
construction, nor shall a permit be required for clearing or maintaining any
public road.
b. This chapter shall not apply to the removal or excavation of gravel, gravel fill
or other fill material from any beach or from any portion of the Homer Spit by
the City of Homer.
(Ord. 98-2(A)(S)(A) '1, 1998; Ord. 6-720.2
'1-100.4).
19.12.060 Review. Any person whose application
is denied shall be entitled to a review of such denial by the City Council. A
request for review shall be in writing and submitted to the City Clerk within
ten days of such denial. The City Clerk shall, whenever feasible, thereafter
place the matter of review on the agenda for the next regularly scheduled
meeting of the City Council, but in any event, such review shall not be later
than the second regularly scheduled meeting after such request is received.
(Prior code 'l-100.5).
19.12.070
Nonliability. The City shall not be liable for damages
accruing as a result of any excavation or removal of gravel, gravel fill or
fill material pursuant to the issuance of a permit under this chapter. (prior
code '1-100.6).
Page Four
Ordinance 02-14(A)
City of Homer
19.12.080
Conformance to permit. Any excavation or removal of gravel, gravel
fill or fill material except by permit where required shall be considered a
violation of this chapter. (Prior code '1-100.7).
19.12.090 Violation--Penalties. The
violation of any provision contained in this chapter shall be punished under
the general penalty provision, Section 1.16.010, of the City Code. (Prior code
'1-100.8).
19.12.090
Driftwood Removal Prohibited.
No person shall tamper with, burn or remove driftwood from a storm berm. (Prior code 1-100.8).
19.12.100 Violation--Penalties. The violation of any provision contained in
this chapter shall be punished under the general penalty provision, Section
1.16.010, of the City Code.
Section 2. Homer City Code Chapter 19.16 is hereby amended to read as follows:
Chapter
19.16
VEHICLES ON
HOMER SPIT BEACH[2]
Sections:
19.16.010 General.
19.16.020 Beach area defined.
19.16.021 Storm berm defined. Definitions.
19.16.030 Use
of vehicles - Prohibited.
19.16.040 Violation
Penalty.
19.16.010
General. It is the intent of
this chapter to preserve and protect certain beach areas of the Homer Spit from
the uncontrolled and ever increasing use of such areas by persons driving
wheeled, motorized vehicles thereon.
(Prior code '12-600.1).
19.16.020
Beach area defined.
For the purposes of this chapter, beach area shall include the zone of
sand, gravel and other unconsolidated materials that extends landward from the
law water line to the place where there is a marked change in material or
physiographic form. (Prior code '12-600.2).
Page Five
Ordinance
02-14(A)
City of
Homer
19.16.021 Storm berm defined. For
the purposes of this chapter, the storm berm shall include the natural berm of
sand, gravel and other unconsolidated materials that develops at the uppermost
point of the high tide line. Storm berms most generally contain a steeper lower
slope, a flatter upper slope and a line of seaweed, driftwood and other debris
along their top edge.
19.16.020 Definitions. 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.
“Berm” means a natural, linear mound or series of mounds of sand or gravel, or
both, generally paralleling the water at or landward of the line of ordinary
high tide.
b.
“Storm berm” means a berm formed by the upper reach of storm wave surges or the
highest tides. Storm berms generally include an accumulation of seaweed,
driftwood, and other water-borne materials. A beach may have more than one
storm berm. (Prior code ’12 600.2)
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 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. (Ord.
01-39, 2001; Ord. 78-16 '1, 1978:
prior code '12-600.4).
c. No person shall operate any motorized
vehicle upon a storm berm on any beach within the city limits of Homer except
in designated areas.
d.
No person shall operate any motorized vehicle upon the following beach
or tidal areas:
1. Mud Bay
2. Louie’s
Lagoon
3. Mariner
Park Lagoon
4.
Beluga Slough
e. The Official “Beach Policy Map of the City of Homer” is enacted
by reference and declared to be part of this chapter in its exact form as it
exists on the date that the ordinance is codified in this chapter is adopted by
the City Council.
Page Six
Ordinance 02-14(A)
City of Homer
19.16.040
Violation-Penalty. The violation of any
provision contained in this chapter shall be punished under the general
penalty provision, Section 1.16.010, of the City Code as
follows: (Prior code 12-600.6).
a. first offense -- $25 fine
b. second offense -- $100 250
fine.
c. third and subsequent
offenses -- $300 499fine.
Section 3. This ordinance is of a permanent and general character and shall be included in the City Code.
PASSED AND ENACTED by the Homer City Council this _______ day of _________, 2002.
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:
_________________________________ __________________________________
Ronald W. Drathman, City Manager Gordon J. Tans, City Attorney
Date: Date: