CITY OF HOMER
HOMER, ALASKA
City Manager
ORDINANCE 02-20(S)
AN ORDINANCE OF THE CITY OF HOMER AMENDING HOMER CITY CODE CHAPTER 10.08, PROTECTION OF PORT AND HARBOR, TO CHANGE THE TITLE TO PROTECTION OF THE HARBOR AND WATERWAYS, TO PROHIBIT THE DUMPING OF OIL AND OTHER SUBSTANCES, TO ESTABLISH HARBOR SPEED LIMITS, AND TO SET PENALTIES FOR VIOLATIONS
THE CITY OF HOMER HEREBY ORDAINS:
Section 1. Chapter 10.08 of the Homer City Code is hereby renamed "Protection of Harbor and Waterways." Sections 10.08.010 through 10.08.020 are hereby established as Article 1 of Chapter 10.08. Sections 10.08.030 through 10.08.070 are hereby established as Article 2 of Chapter 10.08, and are renumbered and amended as provided in Section 4 of this ordinance.
Section 2. Section 10.08.020 of the Homer City Code is hereby amended to read as follows:
10.08.020 Definitions. In this chapter, unless the context otherwise requires:
"dump" means to discharge,
deposit, dump, spill, leak, inject, or place any battery matter into
or on any land or water so that such battery matter or any
constituent part thereof enters the Homer
Harbor or any waterway.
"hazardous
substance" means (a) an element or compound which, when it enters into the atmosphere
or in or upon the water or surface or subsurface land, presents an imminent and
substantial danger to the public health or welfare, including but not limited
to fish, animals, vegetation, or any part of the natural habitat in which they
are found, (b) oil, or (c) a substance
defined as a hazardous substance under 42 U.S.C. 9601(14).
"Homer Harbor" means all salt water and tide water within the boundaries of the city, including but not limited to the small boat harbor and the port.
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Ordinance 02-20(S)
City of Homer
"oil" means a means a derivative of a liquid
hydrocarbon and includes without limitation crude
oil, lubricating oil, sludge, oil refuse, diesel
fuel, gasoline or another
petroleum-related product or by-product.
"pollutant" means any substance or material
defined as a pollutant under 33 U.S.C. § 1362(6).
"waterway" means any water, waterway, lake, river, tributary, or lagoon within the boundaries of the city.
Section 3. Article 1 of Chapter 10.08 of the Homer City Code is hereby amended by the enactment of a new section 10.08.030 to read as follows:
10.08.030 Relationship to Other Laws.
(a) In addition to the requirements set forth in
this Chapter 10.08, certain federal,
state, local,
and international laws and regulations, including but not limited to
environmental, health, safety, and sanitation laws and regulations, are
applicable to the Homer Harbor and waterways in the
City. All persons are hereby warned and placed on
notice
that they are responsible for determining their obligations under such laws and
that they may be subject to applicable penalties,
fines, imprisonment, and other forms of liability for
violation of such laws and regulations.
(b) The dumping of any substance or
material prohibited by this Chapter 10.08 shall not result in liability or
penalties under this Chapter if such dumping is authorized
by and conducted in full compliance with applicable federal
and state permits. The burden shall be
on the alleged
violator to establish, as an
affirmative defense, that such conduct is authorized by and in full
compliance with applicable federal
and state permits.
Section 4. The existing Homer City Code Sections 10.08.030 through 10.08.070, established as Article 2 of Chapter 10.08 by Section 1 of this ordinance, and are renumbered and amended to read as follows:
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Ordinance 02-20(S)
City of Homer
Article 2.
10.08.03010.08.100 Dumping Batteries Into
Homer Harbor and Waterways Prohibited. It is unlawful for any person to knowingly
dump a
battery into the Homer Harbor or any waterway.:
(a) a battery; or
(b) oil; or
(c) hazardous
substance(s), including
but not limited to, solvents, antifreeze, paint (including paint
chips, flakes, and debris), and
detergents or cleaners containing hazardous substance(s); or
(d) water, including but not limited to bilge water,
contaminated with oil, hazardous
substance(s) or pollutant(s); or
(e) refuse or
garbage; or
(f) other pollutant(s).
10.08.04010.08.110 Penalty. (a) Any person convicted of a
violation of section 10.08.030subsections
10.08.100(a)-(d) shall
be punished by a fine of $1,000. Each
battery dumped shall constitute a separate offense.
(b) Any person
convicted of a violation of subsections
10.08.100(e)-(f) shall be
punished by fine as follows:
1st offense $100.00
2nd offense $200.00
3rd offense $300.00
4th and
subsequent offenses $1,000.00
(c) Each act of dumping prohibited
by section 10.08.100 is a
separate offense, and each day upon which prohibited dumping
continues is a separate offense. In the case of dumping batteries, each
battery dumped is a separate offense.
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City of Homer
10.08.05010.08.120
Recovery of Costs and Civil
Remedies. In addition to any other authorized
penalty, any person who knowingly dumps one or more batteries
in the Homer Harbor or any waterway any matter prohibited
by section 10.08.100 shall
be
strictly liable for the cost of removing the battery or batteries the prohibited
matter and the cost of repairing or remediating any damage
caused by the battery or batteriesprohibited dumping. The city may also exercise any civil remedy
available under section 1.16.020, AS 46.03.822, or any other provision of law.
10.08.06010.08.130 Reward.
The city will pay a reward to any person or persons who provide
information leading to the apprehension and conviction of a person found guilty
of violating sectionsubsections 10.08.03010.08.100(a)-(d). The total reward will equal one-half of
the penalty imposed on such guilty person under section 10.08.04010.08.110,
not to exceed $1,000. No law
enforcement officer, municipal officer, official, or employee of the city is
eligible for a reward. The city manager will determine whether a reward has
been earned and whether a particular reward will be divided among two or more
persons based on the information provided by multiple informants. The city
manager may establish procedures to implement this section.
10.08.07010.08.140 Nuisance. It his hereby declared that the presence of batteries
in the waterways or the Homer Harbor of any matter
prohibited by section 10.08.100 is a public nuisance. Such nuisance may be abated by the city as
appropriate under law at the expense of the person or persons creating,
causing, committing, or maintaining it.
Section 5. Chapter 10.08 of the Homer City Code is hereby amended by the addition of a new Article 3, which is enacted to read as follows:
Article 3.
10.08.200 Dumping Fish
Carcasses Prohibited. It is unlawful to dump fish
carcasses, including heads, bones,
and viscera, or any part
thereof into the Homer Harbor, except at authorized
locations. Disposal of fish
carcasses from sport fishing, commercial fishing, fish packing, and fish processing
activities into the Homer Harbor is
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City of Homer
authorized only at
locations designated by signs posted by the City or pursuant
to written authorization from the City.
10.08.210 Vessel Speed
Limits. (a) It is unlawful
to operate a vessel at a speed greater
than two miles per hour (no wake speed) while
entering, leaving, and inside the Small Boat Harbor. The seaward boundary of the no wake speed zone
will be marked by signs.
(b) While within one
quarter mile of (i) the boundary of the no wake speed zone at
the Small Boat Harbor entrance, (ii) the City's Deep
Water Dock, or (iii) the
City's Pioneer Dock, it is
unlawful to operate a vessel at a speed that will cause a wake, wash, or wave action that will damage, endanger or cause
undue distress to any other vessel or occupant thereof, regardless of established
speed limits
or the lack thereof.
10.08.220 Penalty. Any person convicted of a
violation of sections 10.08.200
—10.08.210, shall
be punished by fine as follows:
1st offense $100.00
2nd offense $200.00
3rd offense $300.00
4th and
subsequent offenses $1,000.00
Section 6. This ordinance is of a permanent and general character and shall be included in the City code.
ENACTED BY THE CITY COUNCIL OF THE CITY OF HOMER, ALASKA, this __________ day of ______________________, 2002.
CITY OF HOMER
_______________________________
JACK CUSHING, MAYOR
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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: