HomeMy WebLinkAboutOrdinance 13-053-CC BOARD OF COUNTY COMMISSIONERS
County of Grant, State of Washington
ORDINANCE NO. 13-U�CC
AN ORDINANCE AMENDING
CHAPTER 10.38 OF THE GRANT COUNTY CODE
WHEREAS, NOTICE WAS GIVEN and a public hearing was held at 2:00 p.m. on Tuesday,
August 20, 2013, in the Grant County Commissioner's Hearing Room, regarding adoption of an
ordinance modifying certain sections and amending Chapter 10.38 of the Grant County Code
("GCC"), the same commonly referred to and cited as, "Use of Compression Brakes"; and
' WHEREAS, the general purpose of said ordinance is to establish or otherwise amend the amend
Chapter 10.38 GCC pertaining to "Use of Comprassion Brakes"; and
WHEREAS, the Board of County Commissioners have determined that it is in the best interests
of the county to amend Chapter 10.38 GCC.
NOW,THEREFORE,BE IT ORDAINED:
Section 1. Chapter 10.38 GCC, and more specifically Section 10.38.030, is amended as
follows;
10.3�.010 Declaration of policy.
The board of commissioners of Grant County desires to protect the public health, safety and
welfare of the residents of Grant County by minimizing the exposure of its residents to the
hazards of excessive noise disturbances caused by the use of compression brakes, consistent with
Grant County ordinance "Noise Disturbances Prohibited" codified in Cha�ter 6.24.
10.38.020 Definitions.
For purposes o� this chapter, the following words and phrases used herein shall have the
designated meaning unless a different meaning is expressly provided or the context clearly
indicates otherwise:
"Compression brakes" means a device which, when manually activated, retards the forward
motion of a motor vehicle by the direct and sole use of the compression of the engine of the
vehicle. Compression brakes are often called "jake brakes" or "exhaust brakes."
Emergency. An "emergency" contemplates that an immediate stoppage or slowing of the
vehicle is necessary in order to prevent injury to persons and/or damage to property or to remedy
an injury that has already occurred and that friction brakes are either not available or would not
have been effective in bringing the vehicle to a stop or slowing it.
"Motor vehicle" means every device capable of being moved upon a public road and in, upon, or
by which any person or property is or may be transported or drawn upon a public road, excepting
devices moved by human or animal power used exclusively upon stationary rails or tracics.
"Road" for the purpose of this chapter is synonymous with and includes "street," "highway" and
' "alley."
10.38.030 Use of compression brakes prohibited.
No person shall use motor vehicle brakes which are in any way activated and/or operated by the
compression of the engine of any such motor vehicle, or any unit or part thereof, except as such
use is necessary in an emergency, in the following areas:
That portion of Interstate Highway Number 90, from mile post#179 to mile post#176, as it
passes through Sections 36, 35, 26, 27, 34, 28 and 33, all of Township 19 North, Range 28,
E.W.M.
More commonly described as I 90 from the Highway 17 exit to Moses Lake to the Broadway
, Exit to Moses Lake, Washington.
That bortion of Countv Road and Ri�ht-of-Wav known as 5-NW Road aka White Trail Rd
Roadlog 93010 From Milebosts 14.07 to 14.77.
10.38.040 Signs required.
The county engineer is authorized and directed to appropriate signs consistent with the
provisions of this chapter and as required.
10.38.050 Defense for emergency use.
It is an absolute defense to prosecution under this chapter that such compression brakes were
, applied in an emergency and where necessary for protection of persons and/or property.
10.38.060 Exemptions.
The provisions of this chapter shall not apply to Grant County vehicles or to emergency vehicles,
whether or not responding to an emergency,participating in an exercise in emergency
management, or rendering assistance under a mutual aid pact.
' 10.38.070 Penalties.
Failure to comply with the provisions of this chapter shall subject the violator to the following
enalties:
First offense $47.00;
Second offense ,�95.00;
Each subsequent offense �190.00.
10.38.080 Severability.
If any provision of this chapter, or this application to any person or circumstance, is held invalid,
the remainder of the chapter or the application of the provisions to other persons or
circumstances shall not be affected. '
�
Section 2. If any provision of this ordinance or its application to any person, entity or
circumstance is, for any reason, held invalid or unconstitutional, the remainder of the ordinance
or its application to other persons entities or circumstances shall not be affected.
Section 3. This ordinance, amending the existing text for Chapter 10.38 GCC, shall be
effective when signed.
A PUBLIC HEARING WAS HELD ON THE ABOVE..>
' RESOLUTI N/ORDINANCE AT �,'� O'CLOCK �.M., ON THE �f�'
DAY OF �t , 2013.
Enacted this�f���ay of ����`G��7f , 2013.
BOARD OF COUNTY COMMISSIONERS
(�^ OUN Y, W SHINGTON
Cindy Carte , Chair
�,
C����..�"�.�� ..�
Carolann Swartz, Vice-Chair
Richard Stevens,Member
Atte t;
—�-- ..
Bar ar J. Vasquez, lerk f th oard ''
P bl� ed:
l�_/_�_/2013; �/_�_/ 2013 ���a��'
s
Approved as t.for • '
By-----� ------------
Dalton Le�e ce
Deputy Prosecu ' g Attorney
Date:___�?�'����_
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