HomeMy WebLinkAboutOrdinance 05-231-CCGRANT COUNTY BOARD OF COMMISSIONERS
Grant County, Washington
RESOLUTION No. 05-231- CC
ORDINANCE No. 05-231- CC
AN ORDINANCE AMENDING CHAPTER 8.40 OF THE GRANT
COUNTY CODE BY ADDING THE BEVERLY SAND DUNES
AREA TO THE AREAS IN GRANT COUNTY IN WHICH THE
USE, POSSESSION AND/OR USE OF ALCOHOL IS
PROHIBITED AND, OTHER. MATTERS PROPERLY RELATING
THERETO.
RECITALS:
WHEREAS, the Board of Commissioners (the "BOCC") has received a request from the
Grant County Sheriffs Office requesting that the Beverly Sand Dunes Area be added to the areas
within Grant County in which the use, possession and/or use of alcohol is prohibited; and
WHEREAS, the Board of County Commissioners and the Grant County Sheriff's Office
desire to protect the public health, safety, welfare and property of the residents of Grant County and
visitors, who utilize the Beverly Sand Dunes, from the dangerous combination of alcohol
consumption, unregulated sand camping, and large numbers of people operating motorized
equipment likely to cause damage to human beings, protected/regulated wildlife, animals and/or
personal property; and
WHEREAS, the Beverly 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 majority of the cities and towns in Grant
County; and
WHEREAS, members of the Grant County Sheriffs Office have observed the hazards and
the potential for hazards to users of the Beverly Sand Dunes Area for recreational purposes, by
persons consuming alcohol which is likely to cause harm, to human beings, protected/regulated
wildlife, animals and/or personal property, when there are large numbers of users of the Beverly
Sand Dunes Area; and
WHEREAS, members of the Grant County Sheriffs Office have observed an increase in
damage to natural resources due to alcohol use at the Beverly Sand Dunes, due to human waste
outside of sanitary facilities, litter, illegal campfires. The degradation may soon threaten continued
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recreation use of the area; and
WHEREAS, members of the Grant County Sheriffs Office have observed an increase in
vandalism to property in the Beverly Sand Dunes, including without limitation, public restrooms,
signage and dumpsters; and
WHEREAS, members of the Grant County Sheriffs Office have observed an increase in
large parties and alcohol use mixed with off road vehicle use and other illegal behavior at the
Beverly Sand Dunes. Alcohol-related accidents, traumatic injuries and assaults have resulted during
these times; and
WHEREAS, the large influx of people and animals into Grant County using the Beverly
Sand Dunes and the combination of alcohol consumption, unregulated sand camping, and large
numbers of people operating motorized equipment is likely to cause damage to human beings,
protected/regulated wildlife, animals and/or personal property and, is a potential threat to the
protected/regulated wildlife, animals and, the health, safety, welfare and property of visitors to Grant
County and resident populations, requiring the ban of alcohol, on a year round basis; and
WHEREAS, members of the Grant County Sheriffs Office have observed an increase in off
road vehicle use that includes large parties, alcohol mixed with off road vehicle use and other illegal
behavior; and
WHEREAS, members of the Grant County Sheriffs Office have observed large groups of
people and a "party -like" atmosphere, including drunkenness and nudity, occurring particularly on
summer holiday weekends, in addition to accidents, traumatic injuries and assaults resulting during
these times, and hazards and the potential for hazards inflicted on users of the Beverly Sand Dunes
Area for recreational purposes, by persons consuming alcohol; and
WHEREAS, the Board of County Commissioners and the Grant County Sheriffs Office
have been contacted by representatives of the local medical community, who have opined that, based
on their training, education and experience, alcohol is a significant factor in many of the accidents
wherein they have treated patients; and
WHEREAS, the Board of County Commissioners and the Grant County Sheriff's Office
have been advised by representatives of the local medical community that, based on their training,
education and experience, banning alcohol could significantly reduce accidents in the Beverly Sand
Dunes, thereby avoiding human loss and suffering and, the significant demand on medical services,
including without limitation, rural emergency response resources and services, during peak
weekends; and
WHEREAS, determining which visitors to the Beverly Sand Dunes are operating vehicles
under the influence of alcohol and which are not would essentially require stopping and checking
each visitor, which is unrealistic for both visitors and the Grant County Sheriff's Office; and
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WHEREAS, the Board of County Commissioners and the Grant County Sheriffs Office
have found and determined that an alcohol ban is reasonable and necessary to address a dangerous
situation at the Beverly Sand Dunes, with the intent of providing a safer recreation experience for all
visitors and users of this area; and
WHEREAS, the Board of County Commissioners and the Grant County Sheriff's Office
have determined that it is advisable and reasonably necessary for the health, safety and welfare of the
residents of Grant County and visitors to the Beverly Sand Dunes, to ban alcohol to reduce the
likelihood of harm to human beings, protected/regulated wildlife, animals and/or personal property;
and
WHEREAS, the Board of County Commissioners and the Grant County Sheriff s Office
have determined that it is advisable and reasonably necessary for the health, safety and welfare of the
residents of Grant County and visitors to the Beverly Sand Dunes, to ban alcohol to reduce the drain
on medical services, including without limitation, rural emergency response resources; and
WHEREAS, police powers granted municipal entities under Washington law and the
Constitution empower the Board of Commissioners of Grant County to enact ordinances for the
reasonable regulation of the use, possession and/or consumption of alcohol; and
WHEREAS, the Board of County Commissioners previously passed an ordinance
prohibiting the use, possession and/or consumption of alcohol in the Moses Lake Dunes area,
codified in chapter 8.40 GCC. Now, Therefore, It Is Hereby,
ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF GRANT
COUNTY, STATE OF WASHINGTON, THAT CHAPTER 8.40 GCC BE AMENDED BY
ADDING A NEW SUBSECTION (F) TO SECTION .020 AND, THE BEVERLY SAND
DUNES AREA. WHEREIN THE USE, POSSESSION AND/OR CONSUMPTION OF
ALCHOL IS PROHIBITED.
Section 1. Chapter 8.40 Grant County Code, adopted by Ordinance/Resolution No. 05 -219 -CC on
April 18, 2005, is hereby amended by adding a neve sub -section F. to section .020, to read:
8.40.020 Definitions.
For the purpose of this chapter, the following words and phrases used in this chapter shall
have the designated meaning unless a different meaning is expressly provided:
A. "Moses Lake Sacrad Dunes Area" means the unincorporated area for off-road
vehicles within Grant County, comprised of the following areas:
TOWNSHIP 18 NORTH, RANGE 28 FAST,_ W.M.
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SECTION 7: Those portions of the SE 1/4 and the E 1/2, SW 1/4 lying South of the
power line road.
SECTION 8: Those portions of the S %2 lying South of the power line road and
ORV area defined by fence in the NW1/4, SE 1/4.
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 known as 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 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 apoint 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 %2 and NE 1/4 South of 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.
B. "Person" means individuals, corporations, partnerships, associations, or other legal
entities, and agents of those entities.
C. "Alcohol", "alcoholic beverage", and/or "alcoholic liquor" means any liquid or
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solid containing more than one-half of one percent alcohol by volume and capable of
being consumed by a human being.
D. "Possession of alcohol" includes containment within a motor vehicle, tent, or other
structure by the owner, operator, or other person, having the authority or control of
this location.
E. "Consume" includes the putting of alcohol to any use, whether by drinking or
otherwise.
F. "Beverly Sand Dunes Area" means the unincorporated area for off-road vehicles
within Grant County, comprised of the following areas:
Township 16 Ranize 23, Section 36, -East W.M.
310 acres lying south of Lower Crab Creek Road.
Township 16, Range 24 E, Section 31, East W.M.
160 acres in the SW Quarter of Section 31.
All other words and phrases used in this chapter will have their commonly accepted
meanings.
Section 2. Chapter 8.40 Grant County Code, adopted by Ordinance/Resolution No. 05 -219 -CC on
April 18, 2005, is hereby amended by adding language to section .030, to read:
8.40.030 Alcohol Use, Possession And/Or Consumption Prohibited.
No person shall use, possess and/or consume alcohol, or participate in the use, possession
and/or consumption of alcohol, at any time, in the Moses Lake Sand Dunes Area and/or the Beverly
Sand Dunes Area.
Section 3. This ordinance shall take effect the day of May, 2005.
A public hearing was held on the above ordinance at 2 o'clock p.m., on the 0, day of
May, 2005,
NOW THEREFORE, BE IT HEREBY RESOLVED THAT THE GRANT COUNTY
COMMISSIONERS adopt this ordinance/resolution.
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`i7L
PASSED AND ADOP'T'ED this =day of May, 2005.
BOARD OF COUNTY COM USSIONERS
Yea Nay Abstain GRANT COUNTY, WASUINGTON
d ❑ ❑ � �-C'
LeRoy C. Allison, air
ATTEST:
Barbara f Va u z,
Clerk of the o d
PUBLISHED: 04/22/05; 05/02/05
Deborah Kay Moor , ber
.Richard B. Stevens, Member
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