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HomeMy WebLinkAboutResolution 04-064-CCBOARD OF COUNTY COMMISSIONERS Grant County, Washington ORDINANCE NO. 04- 0(oq -CC RESOLUTION NO. 04- ,,Qoq -CC AN ORDINANCE AMENDING CHAPTER 6.32 OF THE GRANT COUNTY CODE BY ADDING A NEW AREA FOR THE REGULATION OF THE USE, POSSESSION AND SALE OF FIREWORKS, 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 fire; and WHEREAS, property damage and bodily injury resulting from the popular possession and discharge of fireworks, 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 fireworks -related fires and other emergencies, severely strains communities' resources to respond to other emergencies, to the significant imperilment of the public safety; and WHEREAS, Sunland Estates does not currently have sufficient volunteers for their volunteer Fire Department; and WHEREAS, in the event of a fire in Sunland Estates, Grant County Fire District # 3 George Station and Quincy Station would be the closest automatic fire stations to respond; 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 "make ... such rules and regulations for the prevention 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 signed by the Sunland Estates Homeowners Association; requesting that the use and possession of fireworks be prohibited in the Sunland Estates area; and Page 1 of 4 WHEREAS, the Fire Marshal concurs with the concerns of the aforementioned directors; and WHEREAS, all aspects of the fireworks industry, except use and possession of common fireworks lawfully 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 Fireworks Act requires a local legislative body to grant any such permit. NOW, THEREFORE, THE BOARD OF COMMISSIONERS OF GRANT COUNTY, STATE OF WASHINGTON, DO HEREBY ORDAIN AND ESTABLISH, THAT CHAPTER 6.32 OF THE GRANT COUNTY CODE BE AMENDED BY ADDING A NEW SUBSECTION TO SECTION .010(4). Section 1: The Grant County Code Chapter 6.32.010(4), adopted by Ordinance / Resolution No. 99-72 -CC, and adopted by Ordinance / Resolution No. 00 -66 -CC, is amended to include a new subsection, to read: (4). "No Fireworks Area" means the following unincorporated areas within Grant County in which the use or possession of any class of fireworks 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 Block 80, 2nd revision of the irrigation plat recorded August 20, 1962, record of Grant County, Washington lying in the West Half of the Northwest Quarter 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°23'56" West 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 of way tine of said road and the Northwest Corner of Marine View as recorded in Volume 10 of Plats, Page 5, Records of Grant County, Page 2 of 4 Washington; thence South 0°20' West 1,153.11 feet; to the true point of beginning; 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 W61 WW2 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 feet; thence South 70L 5700" 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. (C.) Crescent Bar, more particularly described as follows: The following described property located in Township 20 North, Range 23 E.W.M., Grant County, Washington, further described as: All that portion of Section 18, Township 20 North, Range 23 E.W.M., lying South and West of Crescent Bar Road, ALSO, All of Section 19, Township 20 North, Range 23 E.W.M., ALSO All of Section 30, Township 20 North, Range 23 E.W.M., Grant County, Washington. (D.) Sunland Estates, more particularly described as follows: The Portions of Section 2, 11 & 12, Township 18 North, Range 22 East W. M., Grant County, Washington, platted as follows: Sunland Estates Division No. 1 as recorded on page 18 of Plat Book 9, September 7, 1965 Grant County, Washington. Sunland Estates Division No. 2 as recorded on page 32 of Plat Book 8, May 9, 1966 Grant County, Washington. Sunland Estates Division No. 3 as recorded on page 41 of Plat Book 8, December 7, 1967 Grant County, Washington. Page 3 of 4 NOW, THEREFORE, THE BOARD OF COMMISSIONERS OF GRANT COUNTY, STATE OF WASHINGTON, DO HEREBY ORDAIN AND ESTABLISH, THAT CHAPTER 6.32.050 OF THE GRANT COUNTY CODE BE AMENDED TO READ AS FOLLOWS: 6.32.050 Citation Procedure. The procedures for issuance of Notice of Infraction, hearings, assessments and payments 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 Code shall subject the violator to the following penalties: (1). First Offense $100.00 (2). Second Offense $250.00 (3). Third Offense $500.00 Section 2: This ordinance shall take effect the 1 st day of July, 2005. A public hearing was held on the above ordinance/resolution at three o'clock p.m., on the 27th day of April, 2004 NOW THEREFORE, BE IT RESOLVED AND ORDAINED THAT THE GRANT COUNTY BOARD OF COMMISSIONERS adopt this ordinance. PASSED AND ADOPTED this — day of April, 2004. BOARD OF COUNTY COMMISSIONERS Yea Nay Abstain GRANT COUNTY, WASHINGTON R' ❑ ❑ __ Z" i LeRoy C. Allison, Chair ATTEST: ❑ Clerk of the Board I1, ❑ ❑ Tim Snead, Member ❑ ❑ vt��Ly/iw�e& Deborah Kay Moe, Member Page 4 of 4