HomeMy WebLinkAboutOrdinance 94-052-CCGRANT COUNTY BOARD OF COMMISSIONERS
Grant County, Washington
ORDINANCE NO. 94 -52- CC
An ORDINANCE establishing a new section to Grant County Code, Title 6,
regulating the discharge of firearms within Firearms Control Areas within Grant
County:
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, the discharge of firearms for target practice and other non-
essential practices in and around these areas with higher urban -type densities is
potentially dangerous to the health, safety, and welfare of resident populations; and
WHEREAS, the Board of Commissioners of Grant County desire to protect the
public health, safety, welfare and property of the residents of Grant County by
minimizing the exposure of it residents to the threat of the discharge of firearms in
areas which have high concentrations of people and animals; and
WHEREAS, a petition has been filed with the Board of Commissioners of Grant
County by the Desert Aire Homeowners Association Board of Directors requesting
that a Firearms Control Area be established within the Desert Aire community,
prohibiting the discharge of firearms within said area; and
WHEREAS, the Desert Aire community has sufficiently developed and
undergone a rapid increase in population growth and is changing into a community
with urban -type concentrations of people; and
WHEREAS, the Board of Commissioners of Grant County has determined that
it is advisable and necessary for the public health, safety and welfare of the
residents of Grant County to establish Firearms Control Areas within unincorporated
areas of Grant County sufficiently developed and with higher concentrations of
population than is normal in rural settings, prohibiting the discharge of firearms;
and
WHEREAS, Washington law empowers the Board of Commissioners of Grant
County to enact ordinances for the reasonable regulation of firearms; Now,
Therefore,
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF GRANT
COUNTY, STATE OF WASHINGTON, THAT FIREARMS CONTROL AREAS BE
ESTABLISHED WITHIN GRANT COUNTY AND THAT FIREARMS WITHIN FIREARMS
CONTROL AREAS BE REGULATED PURSUANT TO THE FOLLOWING ORDINANCE:
FIREARMS CONTROL AREAS ORDINANCE - 1
If
SECTIONS:
6.02.010
Declaration of Policy
6.02.020
Definitions
6.02.030
Discharge of Firearms Prohibited
6.02.040
Exemptions
6.02.050
Citation Procedure
6.02.060
Penalties
6.02.070
Severability
6.02.080
Effective Date
6.02.010 DECLARATION OF POLICY - It is hereby declared to be the policy of
Grant County and in the public interest, and for the protection of the public health,
safety, welfare and property of the residents of Grant County to minimize exposure
of citizens to the threat of the discharge of firearms in the unincorporated areas of
Grant County which have sufficient concentrations of people and animals and
regulate same, pursuant to its police powers. Nothing in this chapter should be
interpreted to mean that the Board of Commissioners of Grant County desire to
violate the right to bear arms secured by the Washington Constitution, article 1,
section 24.
6.02.020 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) "Firearm" means a weapon or device from which a projectile may be
fired by an explosive such as gunpowder
(2) "Firearms Control Area" means the following unincorporated areas
within Grant County in which the discharge of firearms is prohibited:
Desert Aire, more particularly described as follows: the
area in Township 14, Range 23, Sections 22, 23, 26 and 27
known as Desert Aire and all of Section 15. The legal
description of Desert Aire situate in Township 14 North
and Range 23 East of W.M., Grant County, Washington:
All of Section 15. All of Section 22 lying Easterly of the
Priest Rapids Hydroelectric project area boundary as
shown on the map thereof in the Grant County Auditor's
office and recorded January 9, 1970 under auditor's No.
551978 in Book 66 -RD, page 143. All of Section 23 lying
westerly of the right-of-way for Washington State Route
243. That portion of Section 26 bound on the east by the
westerly right-of-way of Washington State Route 243 and
on the west by the Priest Rapids Hydroelectric project
area boundary as shown on the map thereof in the Grant
County Auditor's office and recorded January 9, 1970
under auditor's No. 551976 in Book 66 -RD, page 141. All
of -Section 27 lying northeasterly of the Priest Rapids
Hydroelectric project area boundary as shown on the map
thereof in the Grant County Auditor's office and recorded
FIREARMS CONTROL AREAS ORDINANCE - 2
January 9, 1970, under auditor's No. 551977 in Book 66 -
RD, page 142.
6.02.030 DISCHARGE OF FIREARMS PROHIBITED - No person shall discharge any
firearm within the Firearms Control Areas of Grant County, Washington.
6.02.040 EXEMPTIONS - This ordinance shall not apply to or affect the following:
(1) Any person who by virtue of his office or public employment is
vested by law with a duty to preserve public safety, maintain public
order, or to make arrests for offenses, while in the performance of such
duty; or
(2) Any person acting for the purpose of protecting himself against the
use of presently threatened unlawful force by another, or for the
purpose of protecting another against the use os such unlawful force by
a third person; or
(3) Any person making or assisting in making a lawful arrest for the
commission of a felony; or
(4) Any person engaged in military activities sponsored by the federal
or state governments.
6.02.050 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.
6.02.060 PENALTIES - Failure to comply with the provisions of this chapter shall
subject the violator to the following penalties:
1. First offense $ 47.00
2. Second offense $ 95.00
3. Each subsequent offense $ 190.00
6.02.070 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 provisions to other persons or circumstances, shall not be
affected.
FIREARMS CONTROL AREAS ORDINANCE - 3
16
6.02.080 EFFECTIVE DATE - This ordinance shall take effect the-3atk day of April,
1994.
NOW THEREFORE, BE IT HEREBY RESOLVED THAT THE GRANT COUNTY
COMMISSIONERS adopt this ordinance.
PASSED this day of April, 1994.
BOARD OF COUNTY COMMISSIONERS
GRANT COUNTY, WASHINGTON
Helen FancherC hair
Tim Sne ember
AE
LeRoy lion, Member
ATTEST:
Peggy g
Clerk o he Board
APPROVED AS TO FO LY:
S hHalls rom
epu Prosecuting Attorney
PUBLISHED: z{ - �- y y V y -/y ~ 9 v
FIREARMS CONTROL AREAS ORDINANCE - 4