Chapter 8.40
MOTORIZED WATERCRAFT

Sections:

8.40.010    Declaration of policy.

8.40.015    Prohibited acts.

8.40.020    Exemptions.

8.40.025    Violations and penalties.

8.40.030    Applicability.

8.40.035    Definitions.

8.40.010 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 watercraft have an adverse effect on the shorelines of the lakes and on any small islands located within the lake. The use of these watercraft adversely impacts habitat for fish and wildlife. [Ord. FY2008-07 §2, 2007. Formerly §8.35.010].

8.40.015 Prohibited acts.

A. Lakes are opened to motorized watercraft from June 15th until October 1st on the water bodies stated in KIBC 8.40.030.

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 KIBC 8.40.030, except as follows:

1. Motorized watercraft may be operated between the hours of 12 Noon and 8 p.m. on Tuesday, Thursday, and Saturday.

2. Motorized watercraft may not be used within 100 feet of the lakeshore or in the arms of the lakes except for transiting, without creating a wake, to the center of the lakes; and

3. Only one watercraft creating a wake may be operated on a lake at one time.

4. The rules of the lake shall be posted, maintained, and shall include the enforcement officer’s contact number.

5. The rules of the lake shall be referred to the parks and recreation committee for the first annual review in Fall 2008 and then only by assembly request. [Ord. FY2008-07 §2, 2007. Formerly §8.35.015].

8.40.020 Exemptions.

The provisions of KIBC 8.40.015 shall not apply to the use of vessels responding to an emergency. [Ord. FY2008-07 §2, 2007. Formerly §8.35.020].

8.40.025 Violations and penalties.

Violations of this chapter shall be infractions, and each occurrence of a prohibited act shall constitute a separate violation.

Remedies, enforcement actions and penalties shall be consistent with KIBC 1.20.010. In any event this schedule shall apply: for the first offense, a $100.00 fine shall be imposed; for the second offense, a $200.00 fine shall be imposed; and for any subsequent offense, a $300.00 fine shall be imposed. [Ord. FY2008-07 §2, 2007. Formerly §8.35.025].

8.40.030 Applicability.

This chapter shall apply to the following water bodies:

A. Island Lake. [Ord. FY2008-07 §2, 2007. Formerly §8.35.030].

8.40.035 Definitions.

As used in this chapter, the words shall mean:

“Motorized watercraft” means any watercraft powered by any type of motor rated at five horsepower or greater. It also specifically means jet skis, wave runners and similar acrobatic or stunt equipment.

“Wake” means the track in the water left after the passage of a watercraft.

“Watercraft” means any boat, vessel or other device used to transport people or things in or on water. [Ord. FY2008-07 §2, 2007. Formerly §8.35.035].