AN ORDINANCE OF THE CITY COUNCIL OF HOMER, ALASKA AMENDING CHAPTER 19.16 OF THE HOMER CITY CODE REGULATING THE USE OF THE MOTOR VEHICLES ON BEACHES IN THE CITY AND ESTABLISHING PERMIT REQUIREMENTS.

WHEREAS, unregulated motorized vehicle use on the tidelands and beaches and coastal zone within the city poses a threat to public safety and creates conflicts with pedestrians and other non-motorized uses on the beach; and

WHEREAS, unregulated motorized vehicle use in such areas is potentially highly destructive to wildlife habitat, particularly on storm berms and mud flats;

NOW, THEREFORE,

THE CITY OF HOMER HEREBY ORDAINS:

Section 1. Homer City Code Chapter 19.16 entitled “Vehicles on Homer Spit Beach” shall be re-titled as “Motor Vehicle Use on Homer Beach Areas”.

Section 2. Section 19.16.010 is hereby amended to read as follows:

19.16.010 General. It is the intent of this chapter to preserve and protect ~~certain~~ the City of Homer’s beach areas and persons ~~of the Homer Spit~~ from the uncontrolled and ever increasing use of such areas by persons driving ~~wheeled,~~ motorized vehicles thereon.

Section 3. Section 19.16.020 is hereby amended to read as follows:

19.16.020 Definitions. For the purposes of this chapter,

a. ~~"beach"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.b. "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.

c. “motorized vehicle” means a motorized, self-propelled vehicle having wheels, tracks, or rollers, and shall include without limitation every type of automobile, truck, all-terrain vehicle, motorcycle, motor bike, and motor scooter.

b.d. "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.

Section 4. Section 19.16.030 is hereby amended to read as follows:

19.16.030 Use of Vehicles-Prohibited. a. No person shall operate a motor vehicle ~~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, except for permit holders engaged in authorized commercial activity.

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.

bc. No person shall operate any motorized vehicle upon a storm berm on any beach within the city limits except in ~~designated~~ areas, if any, designated by signs posted by approval of the City Manager.

cd. 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

d. No person shall operate any motor vehicle on any other beach area or tidal area, except as permitted under section 19.16.050.

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 the ordinance is codified in this chapter and is adopted by the City Council.

Section 5. Section 19.16.040 (penalties for violations) is hereby repealed. See section 11 of this ordinance.

Section 6. A new section 19.16.050 is hereby created to read as follows:

19.16.050 Permitted Use of Motor Vehicles. Except where prohibited under section 19.16.030 or by state or federal law, permit holders may operate approved motor vehicles on beach areas while engaged in the following permitted uses:

a. accessing private property;

b. gathering coal;

c. accessing remote fishing sites or tending set nets;

d. engaging in commercial activity in which beach access is necessary;

e. accessing remote camping or recreational sites;

f. construction and maintenance of duly permitted improvements when beach access is necessary.

Section 7. A new section 19.16.060 is hereby created to read:

19.16.060 Application for Motor Vehicle Beach Use Permits.

a. An application for a motor vehicle beach use permit shall be on a form furnished by the City. The application shall require the following information:

1. the name, residence, and mailing address of the applicant;

2. a copy of a valid driver’s license;

3. a description of the vehicle(s) the applicant proposes to use on a beach area;

4. a description of the permitted use(s) for which the application is being submitted;

5. if the permitted uses include access to remote property, the application must indicate the name of the property owner and state the location of the property; and

6. a signed statement indicating that the applicant has read, understood, and agrees to abide by the restrictions and rules related to motor vehicle use on beach areas; and

7. such other information determined by the Homer Police Chief to be necessary to make an informed decision on the application.

b. There will be no charge for the permits.

Section 8. A new section 19.16.070 is hereby created to read as follows:

19.16.070 Permit Issuance and Denial. a. After a review of the permit application, the Homer Police Department will determine whether the application and requested use complies with the requirements of this chapter and other provisions of the Homer City Code. Based on that determination, the police department will issue and promptly mail to the applicant either:

1. written approval of the permit; or

2. written denial of the permit, stating the reasons for the denial.

b. The denial of a permit may be appealed to the City Manager. An appeal must be in writing and received in the City Manager's office within 14 days after the date of mailing the written denial of a permit. The City Manager's decision on appeal is final.

Section 9. A new section 19.16.080 is hereby created to read as follows:

19.16.080 Permit Terms. A permit shall require each person operating under the permit to abide by the following rules while operating a motor vehicle on a beach area. Violation of any of these rules is an offense punishable by a fine.

a. No motor vehicle shall be operated in any area prohibited under section 19.16.030 or in any area marked as being off-limits to motor vehicles.

b. No person may drive a motor vehicle at a speed greater than is reasonable and prudent considering all circumstances, including without limitation motorized and non-motorized traffic, surface conditions, and weather conditions. Except when conditions exist that require a lower speed for compliance with the preceding sentence, the maximum speed limit on beach areas is 15 miles per hour, unless otherwise posted.

c. Motor vehicles must at all times be operated in a safe and responsible manner and motor vehicle operators and occupants must be respectful of other people, property, and wildlife.

d. No person may operate a motor vehicle under the influence of alcohol, narcotics, or drugs.

e. A helmet must be worn by the operator and each passenger of an all-terrain vehicle, motorcycle, motor bike, motor scooter, and other similar motor vehicles.

f. Motor vehicles are to be used on beach areas only for the permitted purpose. Use of a motor vehicle for “joy riding” or other non-permitted use is prohibited.

g. Motor vehicles shall not be operated on beaches after 10:00 p.m.

Section 10. A new section 19.16.090 is hereby created to read as follows:

19.16.090 Permit Revocation or Suspension.

a. The Chief of Police may revoke or suspend any permit after finding a permit holder has

1. violated any permit term or any provision of this chapter; or

2. been convicted of an offense under this chapter; or

3. misrepresented material facts or falsified information on the permit application.

b. Prior to revoking or suspending a permit, the Chief of Police shall provide a permit holder reasonable notice and opportunity to be heard. The decision of the Chief of Police shall be in writing and promptly served by mail on the permit holder.

c. The revocation or suspension of a permit may be appealed to the City Manager. An appeal must be in writing and received in the City Manager's office within 14 days after the date of the mailing of the decision. The City Manager's decision on appeal is final.

Section 11. A new section 19.16.100 is hereby created to read as follows:

19.16.100 Violation — Penalty.

The violation of any provision of sections 19.16.030 or 19.16.080 is an offense that shall, upon conviction, be punished by fine as follows:

1. First offense $25 fine

2. Second offense $250 fine

3. Third and subsequent offenses $499 fine

Section 12. This ordinance is of a permanent and general character and shall be included in the City code.