HomeMy WebLinkAboutResolution 97-118-CC�
GRANT COUNTY BOARD OF COMMISSIONERS
Grant County, Washington
ORDINANCE NO. 97118-CC
RESOLUTION NO. 97�.1 &CC
AN ORDINANCE ADDING A NEW CHAPTER TO TITLE EIGHT OF THE
GRANT COUNTY CODE, PROHIBITING THE BURNING OF RAILROAD
TIES, TIRES AND PALLETS, OR WOOD CONTAINING NAILS, STAPLES
OR OTHER FASTENERS COMMONLY USED FOR FASTENING PALLETS
OR PIECES OF WOOD, OR METAL, STEEL OR OTHER OBJECTS LIKELY
TO CAUSE DAMAGE TO HUMAN BEINGS, ANIMALS OR OFF-ROAD
VEHICLES AND TIRES, IN THE MOSES LAKE SAND DUNES AREA, AND
OTIIFIZ 1VIATT'��tS I'ROPEItL,�' IZEL,f1'TIN� T�IERETO.
I�ECITALS:
WHEREAS, the Board of Commissioners of Grant County desire to protect the public
health, safety, welfare and property of the residents of Grant County and visitors, by minimizing
the exposure of it residents and visitors to the threat from burning railroad ties, tires, and
pallets, or wood containing nails, staples or other fasteners commonly used for fastening pallets
or other pieces of wood, metal, steel or other objects likely to cause damage to human beings,
animals or off-road vehicles and tires; and
WHEREAS, the unregulated burning of railroad ties, tires and pallets, or wood
containing nails, staples or other fasteners commonly used for fastening pallets or other pieces
of wood, metal, steel or other objects likely to cause damage to human beings, animals or of�
road vehicles and tires, in and around areas with higher urban-type densities, is a potential threat
to the health, safety, welfare and property of visitors and resident populations; and
Wh-�EREAS, the Grant County Sheriff's Office has been repeatedly contacted by users,
�ncY representa�ives of groups using the Moses Lake Sand Dunes Area, requesting relief from
�he Y�azards caused by burning and attempts to burn, railroad ties, tires, and pallets, or 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
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vehicles and tires; and
WHEREAS, the Grant County Sheriff's Office has 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, railroad ties and tires, creating a visibility hazard from
the smoke; and
WHEREAS, the Grant County Sheriff's Office has observed the hazards and the �otenti�r: �al
for hazards to users of the Moses Lake Sand Dunes Area for~recreational purposes, by persons
�urning or attempting to burn, pallets and 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; and
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 often larger than the populations of most of the cities and
towns in Grant County; and
WHEREAS, the Board of Commissioners of Grant Coua�ty has �etermin�� that it is
advisable and necessary for the health, safety and welfare of the residents of Grant County and
visitors, to regulate the burning of railroad ties, tires and pallets, or 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
�ires; and
WHEREAS, Washington law empowers the Board of Commissioners of Grant County
to enact ordinances for the reasonable regulation of burning; Now, Therefore,
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF GRANT
COUNTY, STATE OF WASHINGTON, THAT BURNING IN THE MOSES LAKE SAND
I�iJNES AREA BE REGULATED PURSUANT TO THE FOLLOWING ORDINANCE:
SEC�'IONS:
8.36.010
8.36.020
8.36.030
�.36.040
8.36.050
8.36.060
8.36.070
Declaration of Policy
Definitions
Burning Of Tires, Pallets And Wood Regulated
Citation Procedure
Penalties
Severability
Effective Date
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�.36.010 DECI,.AI2ATION OF POLICY - It is hereby declared to be the policy of Grant
Co�nty and in the public interest, and for the protection of the public health, safety, welfare and
property of the residents of Grant County and visitors, by minimizing the exposure of its
residents and visitors to the threat from burning or attempting to burn, railroad ties, tires and
pallets, or wood containing nails, staples or other fasteners commonly used for fastening pallets
or other pieces of wood, metal, steel or other objects likely to cause damage to human beings,
animals or off-road vehicles and tires, and regulate same, pursuant to its police powers.
8.36.020 DEFINITIONS - For the purpose of this chapter, the following words and phases used
herein shall have the designated meaning unless a different meaning is expressly provided:
(1) "Person" means individuals, corporations, partnerships, associations, or other
legal entities, and agents of those entities.
(2) "Moses Lake Sand Dunes Area" means the following unincorporated area within
Grant County in which the uncontrolled burning of railroad ties, tires, pallets or
other wood is prohibited, comprised of the following areas:
TOWNSHIP 18 NORTH, RANGE 28 EAST. W.M.
SECTION 7: Those portions of the SE 1/4 and the E 1/2, SW 1/4 lying South
of the powerline road.
SECTION 8: Those portions of the S 1/2lying South of the Powerline 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'OS" 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'OS" 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'OS" 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.
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(3)
SECTION 10: S 1/2 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.
All other words �ind phras�s us�� herein will have their commonly accepted
meanings.
8.36.030 BURNING TIRES PALLETS AND CERTAIN WOOD PROHIBITED - 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-
roacY vehicles and tires, in the Moses Lake Sand Dunes Area, Grant County, Washington.
8.36.040 CITATION PROCEDURE - The procedures for issuance of a 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 issued pursuant to this
ordinance shall be held in the Grant County District Court.
8.36.050 PENALTIES - Failure to comply with the provisions of this chapter shall subject the
violator to the following penalties:
1. First offense
2,. Second offense
3. �ach subsequent offense
$ 100.00
$ 250.00
$ 500.00
�.36.060 SEVERABILITY - 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
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pxovisions to other persons or circumstances, sha11 not be affected.
�.36.070 E�FECTIVE DATE - This ordinance shall take effect the 2nd day of July, 1997.
A publfc hear�ng was held on the above ordinance at 1:30 o'clocl� p.m., on
the 1st day of July, 1997.
NOW THEREFORE, BE IT HEREBY RESOLVED THAT THE GRANT COUNTY
COMMISSTONERS adopt this ordinance effective as set forth herein.
PASSED this � day of July, 1997.
BOARD OF COUNTY COMMISSIONERS
GRANT COUNTY, WASHINGTON
� ,,
LeRoy C Allxson, hair
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� .-, _.,.„- � - �,' ..� �
Helen Fancher, Member
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Tim Sn ad, ber
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Clerk of the Board
PLTBLISHED: 06/19/97; 06/26/97
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