HomeMy WebLinkAboutSpecial Council June 26 1992WHATCOM COUNTY COUNCIL
SPECIAL MEETING
June 26, 1992
The meeting was called to order at 11:17 a.m. in the Council Chambers, 1000 N. Forest, 2nd
floor, by Dan Warner, Chairman.
Also present: Absent
Larry Harris Bob Imhof
Barbara Brenner Dennis Vander Yacht
Ken Henderson
Marge Laidlaw
1. ORDINANCE DECLARING AN EMERGENCY AND RESTRICTING
DISCHARGE OF FIREWORKS TO JULY 4 (AB92 -277)
Don Campbell, Bellingham: Suggested that fireworks should be allowed on private
property if the owner has on hand a fire extinguisher or a garden hose. This is a holiday that
people like to celebrate.
Subjects discussed: Dangers of dry weather; safety issues; different types of fireworks;
dangers to neighbors; length of time allowed in an emergency ordinance; feasible
requirements for lifting the ban; State law on fireworks ban; wording in the amendments to
the ordinance; reasons for having the Executive rather than the Fire Chief rescind the ban.
Persons speaking: Brenner; Tom Fields, Fire Chief District #2; Henderson; Dale
Brandland, County Sheriff; Warner; Randy Watts, Prosecutor; Laidlaw; Harris.
HARRIS MOVED TO PASS THE ORDINANCE.
BRENNER MOVED TO AMEND THE ORDINANCE TO READ THAT THE
BAN WOULD BE RESCINDED WHEN THE COUNTY OPEN FIRE BAN IS
RESCINDED.
Brenner supported her motion by saying that the Fire Chiefs are the experts and
know best of all when the open burn ban is over.
Warner suggested this wording: 'This ban is coincident with the outdoor burning ban
and shall terminate when it does." Brenner agreed.
Watts said that the following should be added: "But in no event shall it exist for
longer than 60 days." Brenner accepted that as a friendly amendment.
Laidlaw said that she would just prefer to have an elected official of .the County
make the decision to lift the ban, not an appointed official, and she did not want the
Council to have to meet again.
Harris preferred to leave it with the Executive rather than tying it to the bum ban
Council Minutes, Special Meeting, 6126192, Page I
because there may be other unforseen extenuating circumstances.
The motion failed 3 to 2 with Laidlaw and Harris against it
LAIDLAW MOVED TO AMEND THE ORDINANCE AS FOLLOWS:
VIOLATION OF THIS ORDINANCE SHALL BE A
MISDEMEANOR PUNISHABLE BY A FINE OF $1000.00, 90 DAYS IN
JAIL, AND /OR BOTH. NO PORTION OF THE MONETARY FINE MAY
BE REDUCED BY THE COURTS.
COSTS ASSOCIATED WITH FIRE SUPPRESSION EQUIPMENT
AND STAFFING SHALL BE RECOVERABLE BY THE AGENCIES
INCURRING EXPENSES, INCLUDING FIRE, LAW ENFORCEMENT,
AND MEDIC ONE.
IF THE WEATHER CHANGES SO THAT A FIRE DANGER NO
LONGER EXISTS, THEN THIS EMERGENCY ORDINANCE MAY BE
RESCINDED BY THE COUNTY EXECUTIVE.
Watts suggested changing the last sentence to read: "If the weather changes so that
a fire danger no longer exists, enforcement of this ordinance can be suspended by Executive
order." Laidlaw accepted it as a friendly amendment.
Watts further suggested rewording the second sentence to read: "Costs associated
with fire suppression, equipment, and staffing which results from a violation of this
ordinance shall be recoverable by the agencies incurring expenses including fire, law
enforcements, and Medic One." Laidlaw accepted it as a friendly amendment.
WARNER MOVED TO TAKE OUT THE "AND /" IN THE FIRST SENTENCE.
Laidlaw accepted it as a friendly amendment.
WARNER MOVED TO STRIKE OUT THE SECOND SENTENCE WHICH
BEGINS "NO PORTION OF THE MONETARY..."
Laidlaw said she would have no trouble removing the firm 90 days in jail, but would
like to see the monetary fine remain as high as possible for its deterrent power.
Henderson agreed with Warner that the judges should be allowed more flexibility;
a bottle rocket thrown from a car is considerably worse than something smaller which just
happened to get out of hand.
Motion carried unanimously.
BRENNER MOVED TO CHANGE THE WORDING OF THE LAST SENTENCE
TO SAY: "IF THE OUTDOOR BURNING BAN IS LIFTED, THE COUNTY
EXECUTIVE SHALL SUSPEND ENFORCEMENT OF THIS ORDINANCE."
Fields explained the communication system used in determining bum bans, bum days,
Council Minutes, Special Meeting, 6126192 Page 2
etc. He felt certain that the County could not get enough moisture between now and the 4th
of July that the burn ban could be lifted.
The motion failed 2 to 3 with Laidlaw, Harris, and Henderson against.
There was further discussion of how to word the last sentence. Brenner wanted to
revisit the issue of the Executive lifting the ban Henderson said he was certain that she
would consult with the Fire Marshall before maldng any decision Because it would take a
majority of 4 to pass any amendment, and because obviously 4 members were not going to
accept it, the matter was dropped and the wording in the last sentence left as is.
The edited amendment reads as follows:
BE ORDERED: VIOLATION OF THIS ORDINANCE SHALL BE
A MISDEMEANOR PUNISHABLE BY A FINE OF $1000.00,90 DAYS IN
JAIL, OR BOTH.
COSTS ASSOCIATED WITH FIRE SUPPRESSION, EQUIPMENT,
AND STAFFING WHICH RESULTS FROM A VIOLATION OF THIS
ORDINANCE SHALL BE RECOVERABLE BY THE AGENCIES
INCURRING EXPENSES INCLUDING FIRE, LAW ENFORCEMENTS,
AND MEDIC ONE.
IF THE WEATHER CHANGES SO THAT THE FIRE DANGER
NO LONGER EXISTS, ENFORCEMENT OF THIS ORDINANCE CAN
BE SUSPENDED BY EXECUTIVE ORDER.
The motion to amend carried 4 to 1 with Brenner opposed.
Because there was no further discussion, the vote on the ordinance was called.
The ordinance passed unanimously.
Because there was no further business, the meeting was adjourned.
ATTEST:
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WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Damel M. Warner, Chairman
Council Minutes, Special Meeting, 6126192, Page 3