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HomeMy WebLinkAboutOrd-2019-006 FireworksBOARD OF COUNTY COMMISSIONERS COUNTY OF KITTITAS STATE OF WASHINGTON ORDINANCE NO. 2019- 006"; 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 4t" 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 CLERK OF THE BOARD -Clerk of the Board- Julie Kjorsvik BOARD OF COUNTY COMMISSIONERS KITTITAS COUNTY, WASHINGTON Cory -W fight, �rman - �1 JJ/ • ❑ Deputy Clerk of the Board- Mandy Buchholz nun, vicum-Vnairman Commissioner APPROVED AS TO FORM: Neil Caulkins, Deputy Prosecuting Attorney Exhibit A 9.30.030 Prohibition against discharge. Thee-r-�ty-aKittitas 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 31 st to 1:00 a.m. of the following day (January 1 st) of each year. (Ord. 99-09, 1999; Ord. 956, 1995). The Kittitas Coun Fire Marshal ma authorize ignition or ischarge of fireworks on other days and times dependent on fire danger air!ub�ect to fireworks erm aj2proval. As a condition of fireworks pefmit approval the awl icant shall be required to provide written notice to the landowners of all properties located within five hundred (500) Feet Qf the site of the Firework ignition or discharge. The notice shall include date and time of the Rroposed 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 theollQv iV -fire danger components and indices have been reached or exceeded #1�dsedescif3ed{r�tdard �erirlveed+� F�1–i�as neer-exist' tations R{ AWSI 1. The Burning Index is at least 18; and 2 The Fuel MQistur onten# of the 10 hour f els is bg1Qw 8: and 3. The Energy Release Component is in the 90"' percentile (42 for user county and 44 for lower county); and 4. Fire weather predictions; and S. Resource, depietiQ-n In the event that a burn ban has been established in accordance with _KCC_2g.08 the_Firg Marshal is authorized to prohibit the ignition or discharge of fireworks even if the above fire danger coni orients and indicies have not been reached or exceeded: