Chapter 18.32
PARK AND WATERSHED REGULATIONS
Sections
18.32.040 Removal of soil, trees, or plants
18.32.050 Building construction
18.32.060 Injury to trees or plants
18.32.070 Hunting or molesting animals or birds
18.32.080 Intoxicating beverage
18.32.110 Camping restrictions
For statutory provisions regarding extraterritorial jurisdiction on watersheds, see AS 29.35.020(b)(1).
18.32.010 Citation
The ordinance codified in this chapter shall be known and may be cited as the “city of Kodiak ordinance regulating conduct in public parks and watershed.” [Ord. 399 §1, 1973]
18.32.020 Definitions
For the purposes of this chapter the following terms, phrases, words, and their derivations shall have the meanings given in this section. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular, and words in the singular number include the plural. The word “shall” is always mandatory and not merely directory.
“City” is the city of Kodiak, Alaska.
“Park” is a park, reservation, playground, beach, recreation center, off-leash dog park or any other area in the city or outside of the city owned or used by the city, and devoted to active or passive recreation.
“Person” is any person, firm, partnership, association, corporation, company, or organization of any kind.
“Vehicle” is any wheeled conveyance, whether motor-powered or self-propelled, and shall include but is not limited to automobiles, motorcycles, motor scooters, all-terrain vehicles, and snow machines of all kinds.
“Watershed” is the whole region or area contributing to the Pillar Creek, Monashka Creek, and city reservoir system including the drainage area, catchment area, or basin. [Ord. 1337 §4, 2015; Ord. 1153 §1, 2003; Ord. 399 §2, 1973]
18.32.030 Defacing property
No person in a park or watershed shall willfully mar, deface, disfigure, injure, tamper with, or displace or remove any building, table, bench, fireplace, sign, notice or placard, monument, stake, post, or other boundary marker. [Ord. 399 §3(1), 1973]
18.32.040 Removal of soil, trees, or plants
No person in a park or watershed shall dig or remove any beach sand, whether submerged or not, or any soil, rock, stones, trees, shrubs, or plants, downed timber or other wood, or materials, or make any excavation by tool, equipment, blasting, or other means or agency. [Ord. 399 §3(2), 1973]
18.32.050 Building construction
No person in a park or watershed shall construct or erect any building or structure of whatever kind, whether permanent or temporary in character, or run or string any public service utility into, upon, or across such lands, except on special, written permit issued therefor. [Ord. 399 §3(3), 1973]
18.32.060 Injury to trees or plants
No person in a park or watershed shall damage, cut, carve, transplant, or remove any tree or plant or injure the bark, or pick the flowers or seeds of any tree or plant. No person shall attach any rope, wire, or other contrivance to any tree or plant or in any way injure or impair the natural beauty or usefulness of any area. [Ord. 399 §3(4), 1973]
18.32.070 Hunting or molesting animals or birds
No person in a park or watershed shall hunt, molest, harm, frighten, kill, trap, chase, tease, shoot, or throw missiles at any animal or bird or discharge any firearms using live ammunition, whether at a target or otherwise, within the confines of a public park or watershed. [Ord. 399 §3(5), 1973]
18.32.080 Intoxicating beverage
(a) No person shall bring alcoholic beverages nor shall any person drink alcoholic beverages at any time within the confines of a park or watershed.
(b) No person under the influence of intoxicating liquor shall enter a public park or watershed. [Ord. 399 §3(6), 1973]
18.32.090 Sanitation
No person in a watershed shall throw, discharge, or otherwise place or cause to be placed in the waters or on the slopes constituting the watershed drainage of the watershed system of the city any substance, matter or thing, liquid, or solid which will or may result in pollution of the water. [Ord. 399 §4(1), 1973]
18.32.100 Refuse deposit
No person shall dump, deposit, or leave any bottles, broken glass, ashes, paper, boxes, cans, dirt, rubbish, waste, garbage or refuse, or other trash in a public park or watershed. [Ord. 399 §4(2), 1973]
18.32.105 Vehicles prohibited
No person in a watershed shall operate or have in their possession a vehicle as defined by KCC 18.32.020. [Ord. 1153 §2, 2003]
18.32.110 Camping restrictions
(a) For the purposes of this section “camp” shall mean an open-air location with or without temporary shelter. For recreational vehicle temporary permits see KCC 14.20.030.
(b) No person shall camp in any part of the city.
(c) No person shall camp on lands comprising the city’s watershed and/or which contribute to the municipal water supply. Said lands are generally described as:
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A portion of land on Kodiak Island, state of Alaska, described with Alaska State Plane, Zone 5 courses as follows: |
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Beginning at corner A.P. 15 of Tract 37, State of Alaska Patent Number 50-87-0077 filed June 30, 1986, said point being on the northerly boundary of U.S. Survey 2539; |
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Thence the following courses along the westerly boundary of said Tract 37; |
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1. |
N 13º20'09" W, 2,706.66 feet; |
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2. |
N 01º39'51" E, 2,722.50 feet; |
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3. |
N 88º43'51" E, 1,050.06 feet; |
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4. |
N 01º20'09" W, 1,392.43 feet; |
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Thence the following courses along the natural watershed boundary: |
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5. |
N 43º32'46" W, 1,555.04 feet; |
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6. |
N 07º03'08" W, 977.39 feet; |
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7. |
N 84º53'32" W, 1,797.14 feet; |
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8. |
N 78º57'33" W, 1,670.93 feet; |
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9. |
N 11º18'36" W, 866.83 feet; |
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10. |
N 56º35'00" W, 4,648.44 feet; |
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11. |
N 01º00'18" E, 1,140.18 feet; |
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12. |
N 60º43'55" W, 1,043.17 feet; |
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13. |
N 35º41'15" E, 5,331.13 feet; |
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14. |
N 57º51'55" E, 2,350.02 feet; |
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15. |
N 44º14'34" W, 3,210.55 feet; |
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16. |
N 21º29'44" E, 2,783.61 feet; |
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17. |
S 68º55'07" E, 2,807.94 feet; |
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18. |
S 53º31'10" E, 3,532.08 feet; |
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19. |
N 79º05'42" E, 2,220.09 feet; |
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20. |
S 89º37'30" E, 6,110.13 feet; |
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21. |
S 32º32'06" E, 687.97 feet; |
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22. |
S 25º28'30" W, 2,115.70 feet; |
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23. |
S 28º24'46" E, 3,467.71 feet; |
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24. |
S 19º24'21" W, 1,866.01 feet to a point on the northerly boundary of said Tract 37; |
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Thence the following courses through said Tract 37: |
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25. |
S 04º31'56" E, 1,645.14 feet; |
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26. |
S 07º28'18" W, 2,460.89 feet; |
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27. |
S 59º31'31" E, 3,214.00 feet; |
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28. |
S 28º41'23" E, 1,960.02 feet to a point on the westerly right-of-way of Monashka Bay Road, state of Alaska right-of-way map S-0391(2), plat number 84-4; |
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29. |
Thence along a curve to the left, central angle 62º61'24", radius 481.73 feet, curve length 524.28 feet to the northwesterly corner of Lot 1, Tract C of BLM Tract D, plat number 91-31; |
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Thence the following courses along the northwesterly boundary of said Lot 1: |
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30. |
S 11º52'02" W, 72.74 feet; |
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31. |
S 04º58'38" W, 87.23 feet; |
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32. |
S 05º59'29" W, 27.89 feet; |
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33. |
S 06º26'12" W, 15.22 feet; |
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34. |
S 28º00'44" W, 29.40 feet; |
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35. |
S 60º15'23" W, 127.23 feet; |
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36. |
S 50º30'47" W, 91.64 feet; |
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37. |
S 33º33'10" W, 82.66 feet; |
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38. |
S 88º17'29" W, 69.22 feet; |
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39. |
S 35º21'27" W, 59.45 feet to range line 19 and 20 west; |
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40. |
Thence S 01º30'37" E, 989.94 feet along said range line to the northerly boundary of U.S. Survey 3945; |
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Thence the following courses through said U.S. Survey 3945: |
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41. |
S 58º27'21" E, 2,086.57 feet; |
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42. |
S 01º24'31" E, 610.18 feet; |
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43. |
S 48º16'14" W, 1,983.13 feet; |
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44. |
S 02º07'16" W, 1,080.74 feet; |
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45. |
S 65º57'09" W, 853.20 feet to a point on the westerly boundary of U.S. Survey 3945 common with the easterly boundary of said Tract 37; |
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46. |
Thence S 35º53'42" E, 947.07 feet to corner 1 of Lot 12, U.S. Survey 2539; |
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47. |
Thence S 88º41'51" W, 2,397.39 feet along the northerly boundary of said Lot 12; |
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Thence the following courses through said Lot 12: |
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48. |
S 65º57'09" W, 897.23 feet; |
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49. |
S 62º48'07" W, 3,091.33 feet to a point on the southwesterly boundary of said Lot 12 common with the northeasterly boundary of Lot 15, U.S. Survey 2539; |
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Thence the following courses through said Lot 15: |
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50. |
S 62º48'07" W, 551.45 feet; |
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51. |
S 82º55'28" W, 2,151.38 feet; |
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52. |
N 61º14'28" W, 2,341.63 feet to a point on the westerly boundary of said Lot 15 common with the easterly boundary of Lot 16, U.S. Survey 2539; |
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53. |
Thence N 33º51'14" W, 1,164.20 feet to a point on the northerly boundary of said Lot 16 common with the southerly boundary of said Tract 37; |
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54. |
Thence S 88º41'32" W, 1,134.72 feet along said boundary to the point of beginning. |
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Containing: 7,812 acres, more or less. |
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[Ord. 932, 1992; Ord. 736, 1984; Ord. 697 §3, 1983; Ord. 649 §1, 1982; Ord. 399 §4(3), 1973]
18.32.115 Park closure
(a) All city parks are closed to the public:
(1) Before 5:00 a.m. and after midnight from April 15 through September 15.
(2) Before 5:00 a.m. and after 10:00 p.m. from September 16 through April 14.
(b) No person may enter or remain in a park during the hours of closure prescribed by subsection (a) of this section. [Ord. 1313 §1, 2013]
18.32.120 Enforcement
(a) The police department shall, in connection with its duties imposed by law, diligently enforce the provisions of this chapter.
(b) The police department shall have the authority to seize and confiscate any property, thing, or device in a park or watershed used in violation of this chapter. [Ord. 399 §5, 1973]
18.32.130 Violation—penalty
The penalty for violations of this chapter shall be as prescribed in KCC 1.12.010. [Ord. 407 §2, 1973; Ord. 399 §6, 1973]