Chapter 11.50


11.50.010    Recreation authorized.

11.50.020    Borough acceptance of title and/or operation and maintenance responsibilities of parks, open spaces and green spaces.

11.50.030    Conduct prohibited at borough recreation properties.

Cross Reference – Department of Parks and Recreation, Chapter 2.85 KGBC.

11.50.010 Recreation authorized.

(a)    Pursuant to AS 29.35.330, the Ketchikan Gateway Borough hereby assumes and exercises the power to provide for recreation, including parks, on an areawide basis as herein provided.

(b)    The borough, in order to promote, enhance, further, and provide for recreation, may:

(1)    Levy and collect taxes and expend funds for such purposes;

(2)    Apply for, receive, dispense and administer grants, contributions and other moneys;

(3)    Enter into agreements, contracts and other arrangements with the State municipalities, federal government, or other public and private agencies, corporations, associations, organizations or individuals;

(4)    Purchase, lease, exchange, or otherwise acquire an interest in real or personal property, and sell, lease, exchange or otherwise dispose of real or personal property, or an interest in real or personal property;

(5)    Initiate, undertake, and participate in studies, programs, and projects, and engage in and take such other actions as are deemed necessary or appropriate to provide for areawide recreation.

(c)    Recreation powers shall be administered through the borough’s department of parks and recreation in accordance with Chapter 2.85 KGBC.

(d)    This chapter does not apply to the city of Saxman’s Totem Park, Saxman Civic Center, or other parks facilities located or developed within Saxman, which shall remain under the sole ownership, operation and control of the city of Saxman, Alaska. These parcels are designated as Native cultural facilities not within the scope of this chapter.

(e)    This chapter applies to borough-owned or borough-managed recreation properties including but not limited to: Walker Field, Dudley Field, Gateway Recreation Center, Houghtaling Field, Valley Park Field, Weiss fields, Gateway Aquatic Center, South Point Higgins Beach, Rotary Beach, City Park, Whale Park, Triangle Park, Monroe Street Park, Grant Street Park, Lund Street Park, Alder Park, Esther Shea Fawn Mountain Track and Field, and the Dog Park. [Ord. No. 1752SA, §1, 4-20-15; Ord. No. 863, §§1, 2, 6-1-92; Ord. No. 774A, §1, 11-5-90. Code 1974 §16.10.005.]

11.50.020 Borough acceptance of title and/or operation and maintenance responsibilities of parks, open spaces and green spaces.

(a)    Prior to the borough accepting title and/or operation and maintenance responsibilities for parks, open spaces and public green spaces, hereinafter referred to as recreational areas, the assembly may accept such recreational areas after evaluating the public benefit and cost using, among others, the following criteria:

(1)    The recreational area must be consistent with the borough’s current comprehensive plan.

(2)    The recreational area must be consistent with the borough’s current parks and recreation plan.

(3)    The recreational area must provide a public benefit.

(b)    A proposal for each new recreational area must be submitted to the borough in writing in order to initiate the following review procedure:

(1)    The parks and recreation department shall review and provide design input, operation and maintenance analysis, cost analysis and evaluate consistency with the parks and recreation plan.

(2)    The planning department shall review the proposed recreational area and determine consistency with all zoning, land use requirements and the comprehensive plan.

(3)    The planning commission shall review the proposed recreational area and provide, by resolution, a recommendation to the assembly regarding the proposed recreational area. The planning commission shall consider public input, the public benefit, appropriate and adequate infrastructure and amenities and the impacts on surrounding properties.

(4)    The assembly shall review the proposed recreational area, taking into account information gathered in subsections (b)(1) through (b)(3) of this section, the public benefit, and funding and costs, including funding through sponsorships, matching funding, volunteers, and exchange of services.

(c)    Title and/or operation and maintenance responsibilities for parks, open spaces and public green spaces may only be accepted by the borough through adoption of a resolution or an agreement approved by the assembly.

(d)    Land dedicated as public land, public park space and green space during the subdivision approval process pursuant to KGBC Title 17 shall not apply to this section. [Ord. No. 1560, §1, 5-17-10; Ord. No. 898, §1, 2-8-93. Code 1974 §16.10.010.]

11.50.030 Conduct prohibited at borough recreation properties.

(a)    The borough manager is responsible for the management of all borough-owned recreation properties. The borough manager may prescribe and post rules regulating the use of such properties or prohibiting certain uses or activities. All persons on borough-owned recreation properties are subject to and shall comply with rules prescribed by the borough manager and posted under this section.

(b)    In addition to rules prescribed and posted by the borough manager, the following prohibitions apply to borough-owned recreation properties unless posted otherwise:

(1)    Littering Prohibited. A person may not dispose of litter at borough recreation property unless the refuse is placed in a garbage receptacle so that the contents are not openly exposed to the elements and domestic or wild animals.

(2)    Use After Posted Hours Prohibited. Use of borough recreation properties outside of posted hours is prohibited.

(3)    Disturbances (or Other Conduct) at Borough Recreation Properties Prohibited.

a.    Individuals visiting borough recreation properties are prohibited from acting in a violent or reckless manner whereby the borough recreation property or the property of any person is placed in immediate danger of being destroyed or damaged.

b.    Any person upon entering borough recreation properties is prohibited from causing, provoking or engaging in a fight or committing an act in a violent or reckless manner whereby the safety, life, limb or health of another is placed in immediate jeopardy.

c.    It is prohibited for any person at a borough recreation property to be under the influence of intoxicating liquor or drugs in such condition as to be unable to exercise care for his or her own safety or the safety of others.

d.    Any person utilizing a borough recreation property is prohibited from urinating, expectorating, or defecating at any place except in a restroom designed to be used for such purposes.

(c)    It shall be a violation of this section to disobey rules posted in accordance with subsection (a) of this section or to commit any violation listed in subsection (b) of this section.

(1)    If the violation does not result in any damage or injury such violation shall be punishable by a fine as provided for in the fine schedule in KGBC 1.25.050.

(2)    If the violation results in damage to borough property or injury or damage to private property the violation shall require a court appearance and the penalty shall be a fine of up to $300 and, in addition to such fine, payment of restitution in an amount determined by the court. [Ord. No. 1783, §3, 12-21-15; Ord. No. 1752SA, §2, 4-20-15.]