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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 ORD. REGULATING BURNING IN SAND DUNES AREA - 1 F:\CIVIL\WORK\ORDINANCE\BURNING.003 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 ORD. REGULATING BURNING IN SAND DUNES AREA - 2 F:\CIV1L\WORK\ORDINANCE\BURNING.003 �.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. ORD. REGULATING BURNING IN SAND DUNES AREA - 3 F:\CIVIL\WORK\ORDINANCE\BURNING.003 (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 ORD. REGULATING BURNING IN SAND DUNES AREA - 4 F:\CIVIL\WORK\ORDiNANCE\BURNING.003 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 ✓ � �;,.�. � .-, _.,.„- � - �,' ..� � Helen Fancher, Member _-� __ _ _� � l � _ ., Tim Sn ad, ber AT�'E T,� � � �� ,. ��� Clerk of the Board PLTBLISHED: 06/19/97; 06/26/97 ORD. REGULATING BURNING IN SAND DUNES AREA - 5 Fc\CIVIL\WORK\ORDINANCE\BURNING.003