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FY2008-07 Designated Lakes RulesKODIAK ISLAND BOROUGH ORDINANCE NO. FY2008 -07 Introduced by: Assembly member Williams Requested by: Assembly member Williams Drafted by: Borough Attorney Introduced: 09/20/2006 Public Hearing: 10/04/2007 Amended: 10/04/2007 Postponed: 11/01/2007 Public Hearing: 11/01/2007 Adopted: 11/01/2007 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH ESTABLISHING RULES FOR THE USE OF MOTORIZED WATERCRAFT ON DESIGNATED LAKES WHEREAS, the Kodiak Island Borough Assembly established the Island Lake Recreational Use Task Force on June 4, 1998; and WHEREAS, the Task Force met and reached a consensus to resolve the contentious issue by posting "Rules of the Lake" at the Island Lake public access area; and WHEREAS, the Kodiak Island Borough Assembly acknowledged receipt of the report of the Island Lake Recreational Use Task Force and authorized the posting of the "Rules of the Lake' at the public access area of Island Lake; and WHEREAS, non - motorized users are physically vulnerable to injury caused by the activities of motorized watercraft and others which create wakes; and WHEREAS, the continuous use of motorized watercraft has caused erosion of the small island on Island Lake; and WHEREAS, the reasonable expectation of peace and quiet of the surrounding residents has been compromised; and WHEREAS, the natural habitat, fish and wildlife have been impacted due to violations of the "Rules of the Lake;" and WHEREAS, by means of AS 29.40.040, the borough is authorized to adopt measures to further the goals and objectives of the comprehensive plan; and WHEREAS, among the goals of the borough's comprehensive plan is the elimination of incompatible land uses and other nuisances; and WHEREAS, the unregulated use of motorized watercraft on small lakes located in residential areas is both an incompatible land use and a nuisance; and WHEREAS, presently Island Lake is the only lake located in a residential area upon which motorized watercraft are being used, but the negative impacts of these watercraft may affect other lakes in the future; and Kodiak Island Borough Ordinance No. FY2008 -07 Page 1 of 3 WHEREAS, by codifying the "Rules of the Lake" the borough can impose penalties for violations of those rules' and NOW, THEREFORE BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH that Section 1: This ordinance is of general application and shall be codified. Section 2: Kodiak Island Borough Code Chapter 8.35 is hereby enacted as follows: Chapter 8.35 MOTORIZED WATERCRAFT Sections: 8.35.010 Declaration of Policy. 8.35.015 Prohibited Acts. 8.35.020 Exemptions. 8.35.025 Violations and Penalties. 8.35.030 Applicability. 8.35.035 Definitions. 8.35.010 Declaration of Policy. The borough hereby finds and declares that the unregulated use of motorized watercraft on small lakes located in residential areas is both an incompatible land use and a nuisance. Further, this activity represents a present and increasing threat to the public peace and the health, safety and welfare of the residents of the borough. The wakes created by these watercrafts have an adverse affect on the shore lines of the lakes and on any small islands located within the lake. The use of these watercrafts adversely impacts habitat for fish and wildlife. 8.35.015 Prohibited Acts. A. Lakes are opened to motorized watercraft from June 15 until October 1 on the water bodies stated in section 8.35.030 of this Chapter. B. No person may operate any motorized watercraft or otherwise operate a watercraft of any kind in a manner to create a wake on the water bodies stated in section 8.35.030 of this Chapter, except as follows: 1. Motorized watercraft may be operated between the hours of 12 Noon and 8 p.m. on Tuesday, Thursday, and Saturday. Motorized watercraft may not be used within 100 feet of the Iakeshore or in the arms of the lakes except for transiting, without creating a wake, to the center of the lakes; and Only one watercraft creating a wake may be operated on a lake at one time. The Rules of the Lake shall be posted, maintained, and shall include enforcement officer's contact number. Kodiak Island Borough Ordinance No. FY2008 -07 Page 2 of 3 The Rules of the Lake shall be referred to Parks and Recreation Committee for the first annual review Fall 2008 and then only by Assembly request. 8.35.020 Exemptions. The provisions of section 8.35.015 shall not apply to the use of vessels responding to an emergency. 8.35.025 Violations and Penalties. Violations of this chapter shall be infractions, and each occurrence of a prohibited act shall constitute a separate violation. A. Remedies, enforcement actions and penalties shall be consistent with Kodiak Island Borough Code section 1.12.010. In any event this schedule shall apply: for the first offense, a $100 fine shall be imposed; for the second offense, a $200 fine shall be imposed; and for any subsequent offense, a $300 fine shall be imposed. 8.35.030 Applicability. This chapter shall apply to the following water bodies: A. Island Lake 8.35.035 Definitions. As used in this chapter, the words shall mean: A. "motorized watercraft" means any watercraft powered by any type of motor rated at 5 horsepower or greater. It also specifically means jet skis, wave runners and similar acrobatic or stunt equipment. B. "wake" means the track in the water left after the passage of a water craft. C. "watercraft" means any boat, vessel or other device used to transport people or things in or on water. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS FIRST DAY OF NOVEMBER, 2007 t , ATTEST: Jer e M. Selby, B /7 Nova M. Javier, CMC, Boro gh Clerk Kodiak Island Borough KODIAK ISLAND BOROUGH Ordinance No. FY2008 -07 Page 3 of 3