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HomeMy WebLinkAboutOrdinance 99-072-CC' tl GRANT COUNTY BOARD OF COMMISSIONERS Grant County, Washington ORDINANCE NO. 99-72-CC RESOLUTION NO. 99-72-CC AN ORDINANCE ENACTING A NEW CHAPTER TO THE GRANT COUN-TY CODE- RE�ULATING --THE US�; -- POSSESSION AND SALE OF FIREWORKS WITHIN DESIGNATED AREAS OF GRANT COUNTY, 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 �re; and WHEREAS, property damage and bodily injury resulting from the popular possession and discharge of f reworks, 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 fireworlcs-related fires and other emergencies, severely strains communities' resources to respond to other emergencies, to the significant imperilment of the public safety; 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 "malce ... such rules and regulations for the pravention 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 from the land owners from the Marine View Heights and Marine View subdivisions requesting that the use and possession of fireworl�s be prohibited; and WHEREAS, the Fire Marshal concurs with the concerns of the land o'wners from Marine View and Marine View Heights subdivisions; and WHEREAS, the Columbia Basin Fire Chiefs and Fire Commissioners concurs with the proposed fireworks regulation; and CICIL8\ORDINANC�P'IREWORI{.ORD - 1 - WHEREAS, all aspects of the �reworlcs industry, except use and possession of common fireworks lawiully 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 Fireworlcs Act requires a local legislative body to grant any such permit; and - -- -- WHEREAS; the Board of Commissioners desire to prohibit the use arid possession of fireworlcs not requiring a permit, in designated areas. NOW, THEREFORE, THE BOARD OF COMMISSIONERS OF GRANT COUNTY, STATE OF WASHINGTON, DO HEREBY ORDAIN AND ESTASLISH, THAT NO FIREWORKS AREAS BE ESTABLISHED WITHIN UNINCORPORATED AREAS WITHIN GRANT COUNTY AND FIREWORKS BE REGULATED PURSUANT TO THE4 FOLLOWING ORDINANCE, CODIFIED IN THE GRANT COUNTY CODE AS A NEW CHAPTER TO TITLE 6, AS FOLLOWS: Section 1: The Board of Commissioners do hereby ordain and establish "No Fireworks Areas" in designated areas in the unincorporated areas of Grant County, to be codified in chapter 6.32 of the Grant County Code as follows: Sections: 6.32.010 6.32.020 6.32.030 6.32.040 6.32.050 6.32.060 Definitions Violations - Use Or Possession Of Fireworks Prohibited In A"No Fireworks Area" Exemptions Violations As Civil Infractions Citation Procedure Penalties 6.32.010 Definitions. For the purpose of this chapter, the following words and phrases used herein shall have the designated meaning unless a different meaning is expressly provided: (1). "Fireworlcs" includes any composition or device for the purpose of producing a visible or an audible effect by combustion, explosion, deflagration, or detonation, and which meets the definition of "common fi�reworks" or "special f"ireworks." (2). "Common fireworlcs" includes any fireworks which are designed primarily for retail sale to the public during prescribed dates and which produce visual or audible effects through combustion and are classified in WAC 212-17-035. CICIL8\ORDINANC�FIREWORI{.ORD - 2 - ;. (3). "Special fireworks" includes any fireworks designed primarily for exhibition display by producing visible or audible effects and classified in WAC 212-17�040. (4). "No Fireworks Area" means the following unincorporated areas within Grant County in which the use or possession of any class of fireworlcs 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 Blocic 80, 2nd revision of the irrigation plat recorded August 20, 1962, record oF Grant County, Washington lying in the West Half of the Northwest Quai�ter 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'S6" Westi 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 oiway 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 ofbeginning; 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 W61WW2 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 CICIL8\ORDINANC�FIREWORK.ORD - 3 - , 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 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. (3). All other words and phrases used herein will have their commonly accepted meanings. 6.32.020 Violations - Use Or Possession Of Fireworks Prohibited. It is unlawful for �ny person to use or possess any class of fireworlcs in a"No Fireworks Area," in the unincorporated areas of Grant County designated herein. 6.32.030 Exemptions. This chapter does not apply to or aft�ect the following: (1). Licensed and permitted pyrotechnic operators participating in a public display of fireworlcs pursuant to the provisions chapter 70.77 RCW and chapter 212-17 WAC. 6.32.040 Violations As A Civil Infraction. The performance of any act prohibited by this chapter is designated as an infraction. 6.32.050 Citation Procedure. The procedures for issuance of Notice of Infraction, hearings, assessments and payment 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 shall subject the violator to the following penalties: (1). First Offense $ 47.00 (2). Second Offense $ 95.00 (3). Each Subsequent Offensa $190.00 Section 2: If any provision of chapter 6.32 of the Grant County Code, or its application to any person or circumstance is held invalid, the remainder of the chapter or the application of the provisions to other persons or circumstances shall not be affected. Section 3: This ordinance shall take effact the lst day of June, 2000. A public hearing was held on the above ordin�nce/resolution at 1:30 o'clocli p.m., on the �� day of May,1999. CICIL8\ORDINANC\FIREWORK.ORD - 4 - 6 � NOW THEREFORE, BE IT RESOLVED AND ORDAINED THAT THE GRANT COUNTY BOARD OF COMMISSIONERS adopt this ordinance. PASSED AND ADOPTED this _,/�_ day of May, 1999. BOARD OF COUNTY COMMISSIONERS GRANT COUNT- , WASHINGTON �ti �... z.�� Tim Snead, Cha' LeRoy C. Allison, Member � Deborah Kay Moor , ember ATTEST: � Clerk e Board v �' PUBLISHED: 04/,�/99; 84/�/99 CICIL8\ORDINANC�FIREWORI{.ORD - 5 -