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HomeMy WebLinkAboutOrdinance to Amend KCC Title 9 RE FireworksBOARD OF COUNTY COMMISSIONERS COUNTY OF KITTITAS STATE OF WASHINGTON ORDINANCE NO. 2019-____ AN ORDINANCE AMENDING KITTITAS COUNTY CODE TITLE 9 REGARDING IGNITION OR DISCHARGE OF FIREWORKS IN KITTITAS COUNTY WHEREAS, Revised Code of Washington (RCW) 70.77.250 allows counties to adopt fireworks ordinances that are more restrictive than state law provided the ordinance shall not have an effective date sooner than one year after adoption; and WHEREAS, Kittitas County Code (KCC) 9.30.030 prohibits ignition or discharge of fireworks at any time other than July 4th and December 31st until 1:00 a.m. on January 1st; and WHEREAS, Ignition or discharge of fireworks may be allowed other times of the year when fire danger is low, subject to Fire Marshal approval and adequate notice to surrounding property owners; and WHEREAS, KCC 9.30.035 currently authorizes the Fire Marshal to prohibit the ignition or discharge of fireworks only when certain fire danger components and indices have been reached, but does not allow the Fire Marshal to ban fireworks when these thresholds have not been reached; and WHEREAS, The Fire Marshal should have the authority to ban fireworks in conjunction with an established burn ban, even when the fire danger components and indices have not been reached; and WHEREAS, Kittitas County staff prepared proposed amendments to KCC 9.30.030 and 9.30.035 for consideration by the Board of County Commissioners at a public hearing; and WHEREAS, Public notice for a public hearing to consider the amendments was provided in the Daily Record on April 18, 2019 and April 25, 2019; and WHEREAS, The Board of County Commissioners conducted a public hearing to consider the proposed amendments on May 7, 2019; and WHEREAS, At the May 7, 2019 public hearing, the proposed amendments were considered and approved by the Board of County Commissioners. NOW, THEREFORE, BE IT ORDAINED, that the Board of County Commissioners, after due deliberation, does hereby adopt the amendments to Title 9 of Kittitas County Code as shown in the attached Exhibit A, effective May 21, 2020. ADOPTED this __21st____day of ____May______________, 2019 BOARD OF COUNTY COMMISSIONERS KITTITAS COUNTY, WASHINGTON _____________________________ Cory Wright, Chairman _______________________________ Brett Wachsmith, Vice-Chairman _______________________________ Laura Osiadacz, Commissioner ATTEST CLERK OF THE BOARD ☐Clerk of the Board- Julie Kjorsvik ☐ Deputy Clerk of the Board- Mandy Buchholz APPROVED AS TO FORM: __________________________ Neil Caulkins, Deputy Prosecuting Attorney Exhibit A 9.30.030 Prohibition against discharge. The county of Kittitas County prohibits the ignition or discharge of fireworks within the unincorporated areas of Kittitas County except between the period from 9:00 a.m. to 11:59 p.m. on July 4th and from 9:00 a.m. December 31st to 1:00 a.m. of the following day (January 1st) of each year. (Ord. 99-09, 1999; Ord. 956, 1995). The Kittitas County Fire Marshal may authorize ignition or discharge of fireworks on other days and times dependent on fire danger and subject to fireworks permit approval. As a condition of fireworks permit approval, the applicant shall be required to provide written notice to the landowners of all properties located within five hundred (500) feet of the site of the firework ignition or discharge. The notice shall include date and time of the proposed firework ignition or discharge. 9.30.035 Fire Marshal's authority to prohibit discharge. The Kittitas County Fire Marshal is authorized to prohibit the ignition or discharge of fireworks within the unincorporated areas of Kittitas County whenever the following fire danger components and indices have been reached or exceeded those described in Standard Operating Procedure F01-10 as now existing or as hereafter amended.in at least one of three Remote Automated Weather Stations (RAWS): 1. The Burning Index is at least 18; and 2. The Fuel Moisture Content of the 10 hour fuels is below 8; and 3. The Energy Release Component is in the 90th percentile (42 for upper county and 44 for lower county); and 4. Fire weather predictions; and 5. Resource depletion In the event that a burn ban has been established in accordance with KCC 20.08, the Fire Marshal is authorized to prohibit the ignition or discharge of fireworks, even if the above fire danger components and indicies have not been reached or exceeded.