HomeMy WebLinkAboutOrdinance 21-098-CCBOARD OF COUNTY COMMISSIONERS
Grant County, Washington
ORDINANCE ADDING A NEW ORDINANCE No. 21-q9 -
� CC
CHAPTER 6.50 TO TITLE 6 OF GRANT
COUNTY CODE TITLED "TEAR GAS"
AND DELEGATING EXECUTIVE
AUTHORITY CREATED BY ESHB 1054,
PASSED APRIL 23, 2021, REGARDING
USE OF TEAR GAS
WHEREAS, on April 23, 2021, The Washington State Legislature passed Engrossed
Substitute House Bill 1054, an act relating to establishing requirements for tactics and equipment
used by peace officers; amending RCW 10.31.040; adding a new chapter to Title 10 RCS;
repealing RCW 43.101.226, and providing an expiration date, and
WHEREAS, Section 4 of ESHB 1054 establishes prerequisites for a law enforcement
agency before it may use or authorize its peace officers or other employees to use tear gas in
order to ensure its use is necessary to alleviate a present risk of serious harm posed by a riot,
barricaded subject, or hostage situation, and
WHEREAS, said prerequisites include exhaustion of alternatives to the use of tear gas
that are available and appropriate under the circumstances, and obtaining authorization to use
tear gas from a supervising officer, who must determine whether the present circumstances
warrant the use of tear gas and whether available and appropriate alternative have been
exhausted, and
WHEREAS, ESHB 1054 also establishes protocols for use of tear gas such as,
announcing to the subject or subjects the intent to use tear gas and allow sufficient time and
space for the subject or subjects to comply with the officer's or employee's directives, and
WHEREAS, in the case of a riot outside of a correctional, jail, or detention facility, the
officer or employee may use tear gas only after receiving authorization from the highest elected
official of the jurisdiction in which the tear gas is to be used, and
WHEREAS, "highest elected official" means the Chairman of the Board of County
Commissioners in a non -charter county such as Grant County, and
WHEREAS, Article XI Sec 5 of the Washington State Constitution provides for election
of, among other officers, a County Sheriff, and
Res. 2021-61 Re: ESHB 1054 re: Tear Ga
Page 1 of 3
WHEREAS, Grant County owns and operates a jail and a detention facility, and
WHEREAS, the Board of Commissioners, pursuant to RCW 36.32.120(7), has the
authority to make and enforce, by appropriate resolutions or ordinances, all such police and
sanitary regulations as are not in conflict with state law, and
WHEREAS, the Board of Commissioners has the inherent authority to delegate its
executive duties as it determines is in the best interests of the county, and
WHEREAS, the county has adopted a comprehensive emergency management plan
consistent with RCW 3 8.52.070 which recognizes and authorizes substantial emergency
management authority by the Sheriff, and
WHEREAS, in order to avoid unnecessary duplicity, confusion, or conflicts among laws,
and in the interest of good governance, Grant County delegates the duties of the highest elected
official in Grant County pursuant to ESHB 1054 to the Sheriff, and
WHEREAS, nothing herein is intended to be contrary to ESHB 1054.
NOW, THEREFORE, BE IT ORDAINED, by the Board of Grant County
Commissioners, ADOPTS CHAPTER, 6.50 THE GRANT COUNTY CODE TITLED "TEAR
GAS" TO READ AS FOLLOWS:
CH 6.50 - TEAR GAS
6.50.010 Delegation
The authority to use tear gas delegated to the Chair of the Board of County
Commissioners in Laws of 2021, Ch 320, Sec 4, is hereby further delegated to the Grant County
Sheriff, who shall be responsible for the lawful use of tear gas.
6.50.020 Severability
If any provision of this ordinance or its application to any person or circumstance is held
invalid, the remainder of this ordinance or the application of the provisions to other person or
circumstances is not affected.
6.50.030 - Chapter cumulative.
The provisions of this chapter are not intended to repeal any other ordinance or statute
involving the same subject matter.
Res. 2021-61 Re: ESHB 1054 re: Tear Ga
Page 2 of 3
Effective Date
This ordinance shall be effective upon signature of the Board of County Commissioners
Done this day of , 2021.
BOARD OF COUNTY
COMMISSIONERS
Yea Nay Absta' GRANT COUNTY, WASHINGTON
r
Cindy Carter, Chair
ATTEST: Danny E. tone, Vice -Chair
i
J,Barbara J. V qu Rob Jones, Member
Clerk of the Bo rd
Res. 2021-61 Re: ESHB 1054 re: Tear Ga
Page 3 of 3