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HomeMy WebLinkAboutOrdinance 01-054-CCORIGINAL GRANT COUNTY BOARD Ol COMMISSIONERS Grant County Washington ORDINANCE NO. OI- 54-CC RESOLUTION NO n1-54-CC AN ORDINANCE AMENDING CHAPTEIZ 8.36 OF THE GRANT COUNTY CODE, REGULATING BURNING IN THE MOSES LAKE SAND DUNES AREA ON A YEAR ROUND BASIS, AND OTHER MATTERS PROPERLY RELATING THERETO RECITALS: WHEREAS, the Board of County Commissioners and the Grant County Sheriff desire to protect the public health, safety, welfare and property of the residents of Grant County and visitors, who utilize the Moses Lake Sand Dunes, to the threat from unregulated, open fires, likely to cause damage to human beings, animals and/or off -road vehicles and tires; and WHEREAS, the large influx of people and animals into Grant County using the Moses Lake Sand Dunes and the use of open burning is likely to cause damage to human beings, animals and/or off -road vehicles and tires, in and around the areas with higher urban -type densities and is a potential threat to the health, safety, welfare and property ofvisitors to Grant County and the resident populations, requiring the regulation of all open burning, on a year round basis and WHEREAS, members of the Grant County Sheriffs Office have observed the hazards and the potential for hazards inflicted on users of the Moses Lake Sand Dunes Area for recreational purposes, by persons burning, or attempting to burn, large, unregulated fires The smoke creates visibility hazards and the wind blows burning ember; onto nearby tents and campsites; and WHEREAS, members of the Grant County Sheriffs Office have observed the hazards and the potential for hazards to users of the Moses Lake Sand Dunes Area for recreational purposes, by persons allowed to burn without regulations, or attempting to burn without regulations, which is likely to cause harm to human beings, animals, or off -road vehicles and tire,. when there are large numbers of users of the Moses Lake Sand Dunes Area; and ORD. AMENDING REGULA I ION OF BURNING IN SAND DUNES AREA - I F'\CIVII.8\M-R\OTdlnances\BURNIN(3 ame2 wpd WHEREAS, the Moses Lake Sand Dunes Area has sufficiently undergone a significant increase in concentrations of people using the area for off -road vehicles and related uses, including without limitation, camping and riding, particularly during the summer months and other peak weekends, in numbers frequently larger than the populations of the matoi itv of the cities and towns in Grant County; and WHEREAS, the Board of County Commissioners and the Grant County Sheriff's Office have determined that it is advisable and necessary for the health, safety and welfare of the residents of Grant County and visitors to the Moses Lake Sand Dunes, to regulate the size of fires to reduce the likelihood of harm to human beings, animals or off -road vehicles and tires; and WHEREAS, Washington law empowers the Board of Commissioners of Grant County to enact ordinances for the reasonable regulation of burning No", "Therefore, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF GRANT COUNTY, STATE OF WASHINGTON, THAT CHAPTER 8 36 GRANT COUNTY CODE, BE AMENDED BY CLARIFYING LANGUAGE IN SUBSECTION .O20(2). AND, ADDING A NEW SUBSECTION TO SECTION .030, REGULATING ALL BURNIN(, IN THI, MOSES LAKE SAND DUNES AREA THROUGHOUT THE YEAR: Section 1. Grant County Code 8.36.020(21, adopted by Ordinance/Resolution No. 97-118-CC, on July 1, 1997, is amended to read as follows: (2) "Moses Lake Sand Dunes Area" means the ((Following)) unincorporated area for off -road vehicles within Grant County, ((i, pallets or aflier wood is proltibit i comprised of the following areas: TOWNSHIP 18 NORTH, RANGE 28 EAS'I, W.M. SECTION 7: Those portions of the SF 1 -1 and the E 1/2, SW 1/4 lying South of the powerline road. SECTION 8: Those portions of the S 14 lying South of the Powerline road and ORV area defined by fence in the NWl/4, SE 1 A. SECTION 9: Those portions lying South of Sand Dunes Road less (Tax #8020) that portion of Section 9, Township 18 North, Range 28 E.W.M., lying South of the County Road kno A n .is the Sand Dunes Road described as follows: Commencing at the Southwest corner of said Section 9; thence North 00°44'05" East a distance of 1050 feet to a point on the West Section line ORD. AMENDING REGULATION OF BURNING IN SAND DUNES AREA - 2 F:1C1V[L8N-R10rdinances\BURNING ame2 wpd of said Section 9; thence South 89' 19'12" East a distance of 400 feet to the true point of beginning; thence North 00°44'05" East, a distance of 300 feet more or less, to a point on the Southern boundary of the right of way of the said County road known as the Sand Dunes Road; thence along said Right of way boundary in a Northeasterly direction, a distance of 450 feet; thence South 00°44'05" West in a Southerly direction a distance of 600 feet; thence Westerly in a straight line 350 feet more or less to the true point of beginning. SECTION 10 S '/z and NE 1/4 South oi'Sand Dunes Rd. SECTION 16 All. SECTION 17 All. SECTION 18 Those portions lying East of the Crab Creek Channel. SECTION 20 Those portions lying East of the Crab Creek Channel. SECTION 21 All. SECTION 27 W 1/2, W 1/2. SECTION 28 Those portions lying East of the Crab Creek Channel. SECTION 29 Those portions lying East of the Crab Creek Channel. Section 2. Grant County Code 8.36.030, adopted by Ordinance/Resolution No. 97-118-CC, on Jul yl, 1997, is amended to add anew subsection (h.) to ,ection.030, to read as follows: BURNING TIRES, PALLETS, AND CERTAIN WOOD PROHIBITED -1.) No person shall burn or participate in the burning of railroad ties, tires and pallets, or other wood containing nails, staples or other fasteners commonly used for fastening pallets or other pieces of wood, steel, metal, or other objects likely to cause harm to human beings, animals, or off -road vehicles and tires, at any time, in the Moses Lake Sand Dunes Area, Grant County, Washington. ALL BURNING RESTRICTED - (b.) No person shall bum or participate in the burning of any flammable or lighted material, in the Moses Lake Sand Dunes Area Grant County Washington, at anytime, unless said fire is confined to a three (3) foot by three (3) foot burning pit, situated below ground level. ORD. AMENDING REGULATION OF BURNING IN SAND DUNES AREA - 3 F:ACIVII-8\M-RVOrdinances\BURNING ame2 wpd Section 3. If any provision of this ordinance, or its application to any person or circumstance is held invalid, the remainder of the ordinance or the application of the provisions to other persons or circumstances, shall not be affected. St MAY Section 4. This ordinance shall take effect the day of ", 2001. A public hearing was held on the above ordinance at 2:30 o'clock p.m., on the 3rd day of April, 2001. NOW THEREFORE'., BE IT HEREBY RESOLVED THAT THE GRANT COUNTY COMMISSIONERS adopt this ordinance effective as set forth herein. PASSED this �ay of April, 2001. BOARD OF COUNTY COMMISSIONERS C:RANT COI JNTY, WASHINGTON LeRoy C Allison, Chair Tim Snead: Member Deborah Ka,, Moore, M er ATTEST: Clerk of 0 f3oard PUBLISHED:03/26/01; 04/02/01 ORD. AMENDING REGULATION OF BURNING IN SAND DUNES AREA - 4 F.\CIV1L8\M-R\0rdinances\BURNING ame2-wpd