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