HomeMy WebLinkAboutOrdinance 99-072-CC' tl
GRANT COUNTY BOARD OF COMMISSIONERS
Grant County, Washington
ORDINANCE NO. 99-72-CC
RESOLUTION NO. 99-72-CC
AN ORDINANCE ENACTING A NEW CHAPTER TO THE
GRANT COUN-TY CODE- RE�ULATING --THE US�; --
POSSESSION AND SALE OF FIREWORKS WITHIN
DESIGNATED AREAS OF GRANT COUNTY, AND OTHER
MATTERS PROPERLY RELATING THERETO.
RECITALS:
WHEREAS, certain unincorporated areas within Grant County have undergone rapid
population growth and have acquired higher urban-type densities than is normal in rural settings; and
WHEREAS, fireworks are explosives and inherently present an imminent threat of fire and
bodily injury, either directly from ignition, or from the ensuing �re; and
WHEREAS, property damage and bodily injury resulting from the popular possession and
discharge of f reworks, and the cost of response by emergency services personnel and equipment,
is a significant public fiscal burden; and
WHEREAS, when the fire hazard is most severe in the summer months, the need to respond
to fireworlcs-related fires and other emergencies, severely strains communities' resources to respond
to other emergencies, to the significant imperilment of the public safety; and
WHEREAS, the Uniform Fire Code is part of the law of all counties and cities in the State
of Washington by virtue of the State Building Code Act, and empowers the fire marshal to "malce
... such rules and regulations for the pravention and control of fire and fire hazards as may be
necessary from time to time ..."; and
WHEREAS, the Board of Commissioners have received a petition from the land owners
from the Marine View Heights and Marine View subdivisions requesting that the use and possession
of fireworl�s be prohibited; and
WHEREAS, the Fire Marshal concurs with the concerns of the land o'wners from Marine
View and Marine View Heights subdivisions; and
WHEREAS, the Columbia Basin Fire Chiefs and Fire Commissioners concurs with the
proposed fireworks regulation; and
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WHEREAS, all aspects of the �reworlcs industry, except use and possession of common
fireworks lawiully purchased at retail outlets, are subject to a statutory requirement of both a
Washington State license and a local permit; and
WHEREAS, nothing in the State Fireworlcs Act requires a local legislative body to grant any
such permit; and
- -- -- WHEREAS; the Board of Commissioners desire to prohibit the use arid possession of
fireworlcs not requiring a permit, in designated areas.
NOW, THEREFORE, THE BOARD OF COMMISSIONERS OF GRANT COUNTY,
STATE OF WASHINGTON, DO HEREBY ORDAIN AND ESTASLISH, THAT NO
FIREWORKS AREAS BE ESTABLISHED WITHIN UNINCORPORATED AREAS
WITHIN GRANT COUNTY AND FIREWORKS BE REGULATED PURSUANT TO THE4
FOLLOWING ORDINANCE, CODIFIED IN THE GRANT COUNTY CODE AS A NEW
CHAPTER TO TITLE 6, AS FOLLOWS:
Section 1: The Board of Commissioners do hereby ordain and establish "No Fireworks
Areas" in designated areas in the unincorporated areas of Grant County, to be codified in chapter
6.32 of the Grant County Code as follows:
Sections:
6.32.010
6.32.020
6.32.030
6.32.040
6.32.050
6.32.060
Definitions
Violations - Use Or Possession Of Fireworks Prohibited In A"No Fireworks
Area"
Exemptions
Violations As Civil Infractions
Citation Procedure
Penalties
6.32.010 Definitions. For the purpose of this chapter, the following words and phrases used herein
shall have the designated meaning unless a different meaning is expressly provided:
(1). "Fireworlcs" includes any composition or device for the purpose of producing a
visible or an audible effect by combustion, explosion, deflagration, or detonation, and
which meets the definition of "common fi�reworks" or "special f"ireworks."
(2). "Common fireworlcs" includes any fireworks which are designed primarily for retail
sale to the public during prescribed dates and which produce visual or audible effects
through combustion and are classified in WAC 212-17-035.
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;.
(3). "Special fireworks" includes any fireworks designed primarily for exhibition display
by producing visible or audible effects and classified in WAC 212-17�040.
(4). "No Fireworks Area" means the following unincorporated areas within Grant County
in which the use or possession of any class of fireworlcs is prohibited:
(A). Marine View, more particularly described as follows:
The East 659.19 feet of the North 1500.00 feet of Farm Unit 48,
Irrigation Blocic 80, 2nd revision of the irrigation plat recorded
August 20, 1962, record oF Grant County, Washington lying in the
West Half of the Northwest Quai�ter of Section 17, Township 17
North, Range 28 East W.M.
(B). Marine View Heights, more particularly described as follows:
That part of Farm Unit No. 48, Block 80, 2nd revision of the
irrigation plat recorded August 2, 1962, Records of Grant County,
Washington, lying in the West Half of Section 17 and the East Half
of Section 18, Township 17 North, Range 28 East, W.M. described
as follows:
Beginning at the Northwest Corner of said Section 17; thence
00°23'S6" Westi along the West line of said Section 17, 333.83 feet
to the centerline of O'Sullivan Dam Road as it exists February 1976;
thence South 71 °08' East along said centerline 684.30 feet; thence
South 0°20' West 42.19 feet to the Southerly right oiway line of said
road and the Northwest Corner of Marine View as recorded in
Volume 10 of Plats, Page 5, Records of Grant County, Washington;
thence South 0°20' West 1,153.11 feet; to the true point ofbeginning;
thence continuing South 0°20' West 428.89 feet; thence South 71 ° 08'
East 630.47 feet to the Westerly right of way line of the W61WW2
as shown on said irrigation plat; thence South 0°20' West along said
right of way 612.08 feet; thence South 63 °25'22" West 113.25 feet;
thence North 89°39' West 32.83 feet; thence South 85°14' West
767.13 feet; thence North 4°46' West 10.00 feet; thence South 85 ° 14'
West 69.43 feet; thence South 76°47' West 84.73 feet; thence along
a curve to the left having a central angle of 38 °26'00" and a radius of
174.60 feet, a distance of 117.12 feet; thence South 38°21' West
396.50 feet; thence on a curve to the right having a central angle of
60 °46'00" and a radius of 54.60 feet, a distance of 57.91 feet; thence
South 9°07'00" West 15.00 feet; thence North 80°53'00" West 94.09
CICIL8\ORDINANC�FIREWORK.ORD - 3 -
, feet; thence South 70°57'00" West 239.13 feet; thence South
74 °25'00" West 820.77 feet; thence South 78 °26'00" West 63.35 feet
to the West line of said Farm Unit No. 48; thence North 0°34'00"
. East along said West line 1,793.82 feet; thence South 89°40'00" East
1,313.69 feet; thence North 0°20'00" East 296.00 feet; thence South
89 °40'00" East 696.00 feet to the true point of beginning. Containing
81.50 acres.
(3). All other words and phrases used herein will have their commonly accepted
meanings.
6.32.020 Violations - Use Or Possession Of Fireworks Prohibited. It is unlawful for �ny person
to use or possess any class of fireworlcs in a"No Fireworks Area," in the unincorporated areas of
Grant County designated herein.
6.32.030 Exemptions. This chapter does not apply to or aft�ect the following:
(1). Licensed and permitted pyrotechnic operators participating in a public display of
fireworlcs pursuant to the provisions chapter 70.77 RCW and chapter 212-17 WAC.
6.32.040 Violations As A Civil Infraction. The performance of any act prohibited by this chapter
is designated as an infraction.
6.32.050 Citation Procedure. The procedures for issuance of Notice of Infraction, hearings,
assessments and payment of monetary penalties, shall be in accordance with the provisions of
chapter 7.08 RCW. Hearings on Notices of Infractions issues pursuant to chapter 6.32 of the Grant
County shall subject the violator to the following penalties:
(1). First Offense $ 47.00
(2). Second Offense $ 95.00
(3). Each Subsequent Offensa $190.00
Section 2: If any provision of chapter 6.32 of the Grant County Code, or its 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 3: This ordinance shall take effact the lst day of June, 2000.
A public hearing was held on the above ordin�nce/resolution at 1:30 o'clocli
p.m., on the �� day of May,1999.
CICIL8\ORDINANC\FIREWORK.ORD - 4 -
6
�
NOW THEREFORE, BE IT RESOLVED AND ORDAINED THAT THE GRANT
COUNTY BOARD OF COMMISSIONERS adopt this ordinance.
PASSED AND ADOPTED this _,/�_ day of May, 1999.
BOARD OF COUNTY COMMISSIONERS
GRANT COUNT- , WASHINGTON
�ti �... z.��
Tim Snead, Cha'
LeRoy C. Allison, Member
�
Deborah Kay Moor , ember
ATTEST:
�
Clerk e Board
v �'
PUBLISHED: 04/,�/99; 84/�/99
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