HomeMy WebLinkAboutord2011-014 WHATCOM COUNTY COUNCIL AGENDA BILL NO. AB2011 - 162
CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to:
Originator:
Weimer and Brenner May 10, 2011 Introduction
Division Head: May 24, 2011 Public Hearing
Dept. Head: T •7 '' . I (
Prosecutor:
Purchasing/Budget:
Executive:
TITLE OF DOCUMENT:
ORDINANCE AMENDING WHATCOM COUNTY CODE 10 . 44 - HORSES ON CERTAIN ROADS
ATTACHMENTS:
Proposed Ordinance
SEPA review required? ( ) Yes ( X ) NO Should Clerk schedule a hearing? (X ) Yes ( ) NO
SEPA review completed? ( ) Yes ( ) NO Requested Date:
SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public
hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be
clear in explaining the intent of the action.)
This ordinance will amend Whatcom County Code 10 . 44 to allow horse drawn carriages
to operate from along Birch Bay Drive between Harborview Road and Alderson Road .
COMMITTEE ACTION: COUNCIL ACTION:
5 / 10 / 2011 : Introduced
5 / 24 / 2011 : Council Adopted 6 -0 , Larson
absent Ord . 2011 - 014
Related County Contract #: Related File Numbers: Ordinance or Resolution Number:
Ord . 2011 -014
Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on
the County 's website at: www. co. whatcom. wa. us/council
PROPOSED BY: BRENNER AND WEIMER
SPONSORED BY : CONSENT
INTRODUCTION DATE : MAY 10, 2011
ORDINANCE NO, 2011 -014
AMENDING WHATCOM COUNTY CODE CHAPTER 10 . 44,
HORSES ON CERTAIN ROADS, TO ALLOW HORSE DRAWN CARRIAGES
ON BIRCH BAY DRIVE
WHEREAS, Whatcom County allows horses on all other roads within its jurisdiction
except Birch Bay Drive ; and ,
WHEREAS, the Whatcom County Council supports the development of new
businesses that support the growth of tourism ; and ,
WHEREAS, such a new business has brought forward a proposal to provide horse
drawn carriage rides on Birch Bay Drive between Harborview Road and Alderson Road ; and
WHEREAS, this proposal has the support of the Birch Bay Chamber of Commerce
and many others in the Birch Bay community ; and ,
WHEREAS, horse drawn carriage rides were temporarily allowed on a limited section
of Birch Bay Drive during the summer of 2010 , and proved to be successful ; and
WHEREAS, concerns regarding traffic safety, potential pollution , and animal welfare
from such operations appear to have been adequately addressed ,
NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that
Whatcom County Code 10 . 44 is hereby amended to allow horse drawn carriage rides on
Birch Bay Drive between Harborview Road and Alderson Road , as outlined in Exhibit A to
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APPROV AS TO FORM : WHATCOM COUNTY EXECUTIVE
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Civi Deputy Prosecutor Pe - • emen , County Executive
( • Approved ( ) Denied
Date Signed : C °) c`//e
EXHIBIT A
(ORDINANCE AMENDING WCC 10.44)
Chapter 10 . 44
HORSES ON CERTAIN ROADS
Sections :
10 .44 . 010 Unlawful practices.
10. 44 . 015 Exceptions.
10 . 44 . 020 Parades excluded .
10 . 44 . 030 Violations and penalties.
10 . 44 . 040 Severability.
10 . 44 . 050 Posting .
10 . 44 . 010 Unlawful practices.
It shall be unlawful for any firm , person , company or corporation to ride , lead , or use any
horse or horses within the county right- of-way on Birch Bay Drive between Pt . Whitehorn
Road and Shintaffer Road between May 1st and September 30th of each year, except police
officers or park patrol officers in the performance of their duties . ( Ord . 85 - 29 § 1 ) .
10 . 44. 015 Exceptions.
H orse drawn carriage rides shall be allowed on Birch Bay Drive between Harborview Road
and Alderson Road as long as the operator has obtained an approved plan of operations
from the Whatcom County Sheriff. The plan of operations will , at a minimum , include a
description of the vehicle to be used, days and hours of operation, proposed routes and
stops , description of proper manure collection device , a description of how animal welfare
will be considered , copies of all required state permits and licenses , and assurance that said
operation will not unduly disrupt other uses .
10 .44 . 020 Parades excluded .
This chapter does not apply to the use of horses in formal parades which are conducted
under valid permit or license . ( Ord . 85 - 29 § 2 ) .
10 . 44. 030 Violations and penalties.
Violations of any of the provisions of this chapter shall constitute a misdemeanor and upon
conviction shall be punishable by fine not to exceed $ 100 . 00 . ( Ord . 85 - 29 § 3 )
10 .44 . 040 Severability.
If any provision of this ordinance or its application to any person or circumstance is held
invalid , the remainder of this ordinance or application of the provisions to other persons or
circumstances is not affected .
10 . 44 . 050 Posting .
N otice of this law shall be conspicuously posted by the Whatcom County Public Works
D epartment in the affected area .