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.


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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.

 

 

 

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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).

 

 

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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).

 

 

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            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.

 

 

 

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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:



     [1]Prior ordinance history: Ordinances 6-720.1 and 6-720.2.

     [2]For provisions regarding the impounding of vehicles on Homer Spit Beach, see Chapter 7.16.  Prior ordinance history: Ordinance 77-10.