HomeMy WebLinkAboutOrdinance 05-229-CCGRANT COUNTY BOARD OF COMMISSIONERS
Grant County, Washington
ORDINANCE NO. 05 -229 -CC
RESOLUTION NO. 05 -229 -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, Desert Aire does not currently have sufficient volunteers for their volunteer
Fire Department; and
WHEREAS, in the event of a fire in Desert Aire, Grant County Fire Protection District No. 8
(Mattawa Station) would be the closest automatic fire station 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 maybe necessary
from time to time ..."; and
WHEREAS, the Board of Commissioners have received a letter signed by The Desert Aire
Homeowners Association Directors; requesting that the use and possession of fireworks be
prohibited in the Desert Aire Subdivision area; and
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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; and
WHEREAS, the Board of County Commissioners has previously found and determined that
it was in the public interest to prohibit the sale, use, possession or discharge of fireworks in certain
unincorporated areas of Grant County which have developed urban type densities, pursuant to RCW
70.77.395; and
WHEREAS, the Board of County Commissioners found and determined that it is in the
public interest to prohibit the sale, use, possession or discharge of fireworks in the Desert Aire
subdivision area, which has developed urban type densities.
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: Grant County Code 6.32.010(4), adopted on May 11, 1999, by
Ordinance/Resolution No. 99-72 -CC, amended on June 26, 2000, by Ordinance/Resolution No. 00-
66 -CC and, amended on July 1, 2004, by Ordinance/Resolution No. 04 -089 -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.
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(B). Marine View Heights, more particularly described as follows:
That part of Farm Unit No. 48, Bloch 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 Ilam 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 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 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 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 0034'00"
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
89 040'00" 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
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Section 30, Township 20 North, Range 23 E.W.M., Grant County,
Washington.
Desert Aire, all division and phases therein, known as the
Desert Aire Planned Unit Development, more particularly
described as follows:
The South 1/2, South %z of Section 15, and all of Section 22 lying
Easterly of the Columbia River, and all of Section 23; all of
Section 26 lying Easterly of the Columbia River, and that
portion of the N.E. '/4 of Section 27 lying easterly of the
Columbia River all located within Township 14 N., Range 23
E. W.M.,, Grant County, Washington: PROVIDED, That the
Desert Aire Park, more particularly described as follows, shall
be exempt: Grant County Parcel #21095000, Tract A LS Tax
Nos 7302 and 7596 Desert Aire Division No. 5.
Section 2: This ordinance shall take effect the 1st day of July, 2006.
A public bearing was held on the above ordinance/resolution at 11:00 o'clock a.m., on the 14
day of June, 2005.
NOW THEREFORE, BE IT RESOLVED AND ORDAINED THAT THE BOARD OF
COUNTY COMMISSIONERS pass and adopt this ordinance on the 14 day of June, 2005.
DATED this Nay of June, 2005.
Yea Nay
S/ ❑
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ATTEST:
BOARDOFCOUNTYCOMMISSIONERS
Abstain GRANTCOUNTY,WASHINGTON
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[a' ❑ ❑
AaJ u ,
Clerk of the B d
PUBLISHED: 05/27/05; 06/07/05
Leroy llison, air
Deborah Kay Mot, M
oember
PP A
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Richard B. Stevens, Member
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