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HomeMy WebLinkAboutResolution 21-098-CCBOARD OF COUNTY COMMISSIONERS Grant County, Washington ORDINANCE ADDING A NEW ORDINANCE No. 21-q9 - � CC CHAPTER 6.50 TO TITLE 6 OF GRANT COUNTY CODE TITLED "TEAR GAS" AND DELEGATING EXECUTIVE AUTHORITY CREATED BY ESHB 1054, PASSED APRIL 23, 2021, REGARDING USE OF TEAR GAS WHEREAS, on April 23, 2021, The Washington State Legislature passed Engrossed Substitute House Bill 1054, an act relating to establishing requirements for tactics and equipment used by peace officers; amending RCW 10.31.040; adding a new chapter to Title 10 RCS; repealing RCW 43.101.226, and providing an expiration date, and WHEREAS, Section 4 of ESHB 1054 establishes prerequisites for a law enforcement agency before it may use or authorize its peace officers or other employees to use tear gas in order to ensure its use is necessary to alleviate a present risk of serious harm posed by a riot, barricaded subject, or hostage situation, and WHEREAS, said prerequisites include exhaustion of alternatives to the use of tear gas that are available and appropriate under the circumstances, and obtaining authorization to use tear gas from a supervising officer, who must determine whether the present circumstances warrant the use of tear gas and whether available and appropriate alternative have been exhausted, and WHEREAS, ESHB 1054 also establishes protocols for use of tear gas such as, announcing to the subject or subjects the intent to use tear gas and allow sufficient time and space for the subject or subjects to comply with the officer's or employee's directives, and WHEREAS, in the case of a riot outside of a correctional, jail, or detention facility, the officer or employee may use tear gas only after receiving authorization from the highest elected official of the jurisdiction in which the tear gas is to be used, and WHEREAS, "highest elected official" means the Chairman of the Board of County Commissioners in a non -charter county such as Grant County, and WHEREAS, Article XI Sec 5 of the Washington State Constitution provides for election of, among other officers, a County Sheriff, and Res. 2021-61 Re: ESHB 1054 re: Tear Ga Page 1 of 3 WHEREAS, Grant County owns and operates a jail and a detention facility, and WHEREAS, the Board of Commissioners, pursuant to RCW 36.32.120(7), has the authority to make and enforce, by appropriate resolutions or ordinances, all such police and sanitary regulations as are not in conflict with state law, and WHEREAS, the Board of Commissioners has the inherent authority to delegate its executive duties as it determines is in the best interests of the county, and WHEREAS, the county has adopted a comprehensive emergency management plan consistent with RCW 3 8.52.070 which recognizes and authorizes substantial emergency management authority by the Sheriff, and WHEREAS, in order to avoid unnecessary duplicity, confusion, or conflicts among laws, and in the interest of good governance, Grant County delegates the duties of the highest elected official in Grant County pursuant to ESHB 1054 to the Sheriff, and WHEREAS, nothing herein is intended to be contrary to ESHB 1054. NOW, THEREFORE, BE IT ORDAINED, by the Board of Grant County Commissioners, ADOPTS CHAPTER, 6.50 THE GRANT COUNTY CODE TITLED "TEAR GAS" TO READ AS FOLLOWS: CH 6.50 - TEAR GAS 6.50.010 Delegation The authority to use tear gas delegated to the Chair of the Board of County Commissioners in Laws of 2021, Ch 320, Sec 4, is hereby further delegated to the Grant County Sheriff, who shall be responsible for the lawful use of tear gas. 6.50.020 Severability If any provision of this ordinance or its application to any person or circumstance is held invalid, the remainder of this ordinance or the application of the provisions to other person or circumstances is not affected. 6.50.030 - Chapter cumulative. The provisions of this chapter are not intended to repeal any other ordinance or statute involving the same subject matter. Res. 2021-61 Re: ESHB 1054 re: Tear Ga Page 2 of 3 Effective Date This ordinance shall be effective upon signature of the Board of County Commissioners Done this day of , 2021. BOARD OF COUNTY COMMISSIONERS Yea Nay Absta' GRANT COUNTY, WASHINGTON r Cindy Carter, Chair ATTEST: Danny E. tone, Vice -Chair i J,Barbara J. V qu Rob Jones, Member Clerk of the Bo rd Res. 2021-61 Re: ESHB 1054 re: Tear Ga Page 3 of 3