Chapter 2.42
PARKS AND RECREATION
Sections:
2.42.010 Authorization to provide facilities.
2.42.040 Camping prohibited--Enforcement.
2.42.050 Camping fees authorized.
2.42.060 Payment of fees--Display of permit--Cleaning deposits.
2.42.070 Certain acts prohibited.
2.42.080 Storage of garbage, refuse and other wastes.
2.42.100 Unauthorized structures.
2.42.110 Disposition of revenues.
2.42.010 Authorization to provide facilities.
The borough shall have the power to provide public facilities and service for parks and recreation as authorized by Alaska Statute Section 29.33.250. (Approved by a vote of the people, February 17, 1977: Ord. 76-35 §1, 1977).
2.42.020 Purpose.
The purpose of this chapter is to protect, preserve and control all parks, campgrounds, campsites and camping on all lands owned or controlled by the borough. (Ord. 90-12 §1, 1990: Ord. 86-2 (part), 1986).
2.42.030 Definitions.
For the purposes of this chapter, the words set out in this section shall have the following meanings:
A. "Campground" means an area owned, controlled, developed and/or maintained by the borough which contains one or more improved campsites or contains adequate area for one or more unimproved campsites.
B. "Camping" means:
1. The erection of, or occupancy of any tent, regardless of whether such tent is of commercial manufacture or has been constructed in whole or in part by any person;
2. The placing or leaving of any items normally found at a campsite such as cookstoves, lanterns, etc., if sleeping bags and/or other forms of bedding are also left at the location;
3. Sleeping on the ground, with or without any shelter, sleeping pad, etc., between the hours of midnight and six a.m. on any land owned or controlled by the borough constitutes camping.
C. "Campsite" means all improved and unimproved campsites located on lands owned or controlled by the borough.
D. "Designated camping area" means any area of land owned or controlled by the borough, which has been marked by official signs as open to camping or campers.
E. "Improved campsite" means any space designated by individual or family camping and normally contained a table, fireplace and parking space, and includes the surrounding area which is, or has been, used for camp living and social functions by the camper.
F. "Other waste" means garbage, refuse, offal, oil, grease, tar, dyestuffs, acids, chemicals, industrial or seafood processing wastes; and any other substance which may cause, or tend to cause, pollution of the lands or waters within the borough.
G. "Permanent structure" or "shelter" means any collection, assemblage, construction or assortment of materials or devices; whether of natural or synthetic nature, which has served or is reasonably capable of serving as protection from any of the elements; or as an item constructed to enhance the habitability of a campsite, such as, but not limited to, structures functioning as, or which are reasonably capable of functioning as furniture items. Commercially manufactured tents and the flysheet canvas, nylon or other tenting material, shall not be classified as permanent structures or shelters unless they have been placed on a platform or material other than the soil at the site of erection.
H. "Temporary structure" or "shelter" means all tents of standard commercial manufacture with the flysheet provided by the manufacturer or constructed in whole or in part from canvas, nylon or other tenting material, and all commercially manufactured self-contained camper units, so long as such camper units are maintained in such a condition that they are immediately mobile. Any camper unit not maintained in an immediately mobile condition shall be deemed a permanent structure.
I. "Unimproved campsite" means that area of land surrounding any temporary structure on any borough-owned or borough-controlled property open to camping other than improved campsites, and the structure itself; such area shall be that area which is being, or has been used for camp living. (Ord. 86-2 (part), 1986).
2.42.040 Camping prohibited--Enforcement.
A. Camping, as defined in Section 2.42.030B of this chapter is prohibited in areas other than those so designated by the borough, except where campers camping on private property have written permission to do so from the property owner.
B. Persons who refuse to remove themselves and their personal property from unregulated camping areas upon request by the authorized representative of the borough shall be removed, together with their personal property, from the areas using such force as may be necessary under the circumstances. (Ord. 86-2 (part), 1986).
2.42.050 Camping fees authorized.
The borough manager or his designee is authorized to establish all fees associated with the use of borough campgrounds. (Ord. 86-2 (part), 1986).
2.42.060 Payment of fees--Display of permit--Cleaning deposits.
It is unlawful for any individual to camp in a designated camping area on lands owned or controlled by the borough without having first paid the appropriate fee to the authorized agent for the borough and having obtained the requisite permit. Evidence of payment of the camping fees shall be immediately produced upon the request of any authorized agent or peace officer. Permits issued pursuant to this section shall be displayed at all times while camping, in accordance with the instructions provided therewith. No permit shall be issued unless the applicant provides all information requested by the authorized representative of the borough A deposit to insure cleaning of campsites at the termination of use may also be required prior to issuance of a permit. Each individual must have such a permit. (Ord. 86-2 (part), 1986).
2.42.070 Certain acts prohibited.
It is unlawful for any person to:
A. Dispose of or deposit human body wastes or any other waste on borough-owned or borough-controlled land other than in authorized or designated receptacles;
B. Make or cause to be made any unnecessary or unusual noise which annoys, injures or endangers the comfort, repose, health or safety of the public, or any individual member of the public on borough-owned or borough-controlled land;
C. Erect, occupy or otherwise utilize any temporary or permanent structure or shelter on borough-owned or borough-controlled land.
Exception: Unless otherwise prohibited, tents of standard commercial manufacture or constructed in whole or in part from canvas, nylon or other tenting material may be erected and occupied in designated camping areas. Structures so exempted may not be modified, extended or sheltered by the addition of any material not a commercially manufactured component of such tent or other than a recognized tenting material;
D. All costs of impoundment and storage of any property so impounded shall be paid before such property shall be released. Property so impounded shall additionally be subject to a twenty-dollar impound fee, which shall be paid before such property is released. All permanent structures shall be impounded pursuant to Section 2.42.100 of this chapter;
E. Deface, destroy, alter, remove or otherwise disfigure any equipment, signs, utility services, bathhouse appurtenants or utilities, or other facilities owned or provided by the borough at any borough-owned campground or campsite, or parking area adjacent thereto;
F. It is unlawful for any person to allow any animal in any borough-owned or borough-controlled campground;
G. Leave any campsite in a disorderly or unsightly condition upon termination of use. (Ord. 86-2 (part), 1986).
H. Leave any vehicle parked overnight, except in designated borough campgrounds;
I. Start open fires, except in designated locations;
J. Visit or occupy parks, except designated campgrounds or camp sites, between the hours of midnight and seven a.m.;
K. Utilize park grounds or facilities for commercial purposes, including the staging of commercial fishing operations. (Ord. 90-12 §2, 1990; Ord. 86-2 (part), 1986).
2.42.080 Storage of garbage, refuse and other wastes.
All garbage, refuse and other waste created or compiled in the course of activities while camping, shall be stored in opaque containers which shall be tightly closed to contain odors and to exclude insects, rodents and vermin. Plastic garbage sacks are acceptable containers for compliance with this section. (Ord. 86-2 (part), 1986).
2.42.090 Unattended camps.
A campsite shall be occupied on the first night after equipment or tents have been set up. Equipment left unattended for a period of forty-eight hours at any campsite on borough-owned or borough-controlled property may be impounded unless prior permission for a longer storage period has been obtained from an authorized borough representative. An impound fee of twenty dollars and all costs of impoundment and storage shall be paid before such property may be released. (Ord. 86-2 (part), 1986).
2.42.100 Unauthorized structures.
Any structure erected, maintained, occupied or utilized on borough-owned or borough-controlled land without written permission from the borough manager or otherwise permitted under this chapter is unlawful and shall be subject to impoundment or disposal by any peace officer. If such structure is impounded pursuant to this section, all costs of impoundment and storage shall be paid in addition to the impound fee of twenty dollars before such structure is released. All costs of recovery shall be borne by the person claiming such structure. All valuables shall be sold by bid. (Ord. 86-2 (part), 1986).
2.42.110 Disposition of revenues.
All revenues from fees paid for parking or camping shall be deposited in the general fund. (Ord. 86-2 (part), 1986).
2.42.120 Violation--Penalty.
All violations of this chapter are punishable under the general penalty provision of this code. (Ord. 86-2 (part), 1986).