HomeMy WebLinkAboutOrdinance 15-037-CC i �
BOARD OF COLJNTY COMMISSIONERS
County of Grant, State of Washington
ORDINANCE NO. 15- O 3°� -CC
AN ORDINANCE AMENDING CHAPTER 10.38 OI'
THE GRANT COUNTY CODE
WHEREAS, NOTTCE WAS GIVEN and a public hearing was held at 2:00 p.m. on Tuesday,
May 5, 2015, in the Grant County Commissioner's Hearing Room, regarding adoption of an
ordinance modifying certain sections and amending Chapter 10.38 of the Grant County Code
("GCC"),the same commonly referred to and cited as, "Use of Compression Bralces"; and
WHEREAS, the general purpose of said ordinance is to establish or otherwisa amend Chapter
10.3 8 GCC pertaining to "Use of Compression Brakes"; and
WHEREAS, the Board of County Commissioners have determined that it is in the best interests
of the county to amend Chapter 10.38 GCC.
NOW THEREFORE, BE IT ORDAINED:
Section 1. Chapter 10.38 GCC, and more specifically Section 10.38.030, is amended as I,
follows: �,
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10.38.010 Declaration of policy. �
The board of commissioners of Grant County desires to protect the public health, safety and
welfare of the residents of Grant County by minimizing the exposure of its residents to the
hazards o�excessive noise distuz�bances caused by the use of compression brakes, consistent with �
Grant County ordinance "Noise Disturbances Prohibited" codified in Chapter 6.24.
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10.38.020 De�nitions. �
For purposes of this chapter, the following words and phrases used herein shall have the
designated meaning unless a different meaning is expressly provided or the context clearly ,
indicatas otherwise: �
"Compression bralces" means a device which, when manually activated, retards the forward I
motion of a motor vehicle by the direct and sole use of the compression of the engine of the �
vehicle. Compression brakes are often called "jalce brakes" or "exhaust brakes." i�
Emergency. An "emergency" contemplates that an immediate stoppage or slowing of the
vehicle is necessary in order to prevent injury to persons and/or damage to property or to remedy
an injury that has already occurred and that friction brakes are either not available or would not �
have been effective in bringing the vehicle to a stop or slowing it. i
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"Motor vehicle" means every devica capable of being moved upon a public road and in, upon, or
by which any person or property is or may be transported or drawn upon a public road, excepting
devices moved by human or animal power used exclusively upon stationary rails or tracics.
"Road" for the purpose of this chapter is synonymous with and includes "street," "highwa�" and
' "alley."
10.38.030 iTse of compression brakes prohibited.
No person shall use motor vehicle bralces which are in any way activated and/or operated by the
compression of the engine of any such motor vehicle, or any unit or part thereof, except as such
use is necessary in an emergency,in the following areas:
That portion of Interstate Highway Number 90, from mile post #179 to mile post #176, as it
passes through Sections 36, 35, 26, 27, 34, 28 and 33, all o�Township 19 North, Range 28,
E.W,M. More commonly described as I-90 from the Highway 17 exit for Moses Lake to the
Broadway Exit for Moses Lake, Washington.
' That portion of State Route 1� from milepost 78.20 to milebost 78.70.
That portion of County Road and Right-of-Way lcnown as 5-NW Road, aka White Trail Rd,
Roadlog 93010 From Mileposts 14.07 to 14.77.
10.38.040 Signs required.
The county engineer is authorized and directed to appropriate signs consistent with the
provisions of this chapter and as required.
10.38.050 Defense for emergency use.
It is an absolute defense to prosecution under this chapter that such compression brakes were
applied in an emergency and where necessary for protection of persons and/or property.
10.38.060 Exemptions. �
The provisions of this chapter shall not apply to Grant County vehicles or to emergency vehicles, '�
whether or not responding to an emergency, participating in an exercise in emergency
management,or rendering assistance under a mutual aid pact.
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10.38.0'70 Penalties. I
Failure to comply with the provisions of this chapter shall subj ect the violator to the following
penalties: �
First offense $47.00; �
Second offense $95,00; ;
Each subsequent offense $190.00. `
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10.38.080 Severability.
If any provision of this chapter, or this application to any person or circumstance,is held invalid, i
the remainder of the chapter or the application of the provisions to other persons or
circumstances shall not be affected.
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; Section 2. If any provision of this ordinance or its application to any person, entity or
' circumstance is, for any reason, held invalid or unconstitutional, the remainder of the ordinance
or its application to other persons entities oi circumstances shall not be affected.
Section 3. This ordinance, amending the existing text for Chapter 10.38 GCC, shall be
effective when signed.
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Enacted this � day of ` , 2015.
BOARD OF COUNTY COMMISSIONERS
Yea Nay Abstain G�NT COUNTY, WASHINGTON �
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Richard Stevens, Chair
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Cindy Ca er, Vice-C air
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Carolann Swartz, Member
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Barb ra . Vasquez, C� rk o rhe ard I
Pub is ed:
�i���i2ols; �f i �� i2ols �
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Appr .�ed as to form; �
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B °°° �
James itchell i
Deputy Prosecuting Attorney j
Date: ���•��1 1 < �
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