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HomeMy WebLinkAboutDRAFT Ordinance Adopting Updated Parks Code 1 COUNTY OF JEFFERSON STATE OF WASHINGTON An Ordinance Repealing and Replacing Chapter 8.25 of the Jefferson County Code Amending Chapter 12.25 of the Jefferson County Code } } ORDINANCE NO. ________________ WHEREAS, Article XI, section 11 of the Washington Constitution, confers upon county legislative authorities the police power to adopt such local police, sanitary and other regulations as are not in conflict with general laws; and, WHEREAS, Article XI, section 11 of the Washington Constitution is a direct delegation of the police power to cities and counties, and the power delegated is as extensive within their sphere as that possessed by the legislature; and, WHEREAS, RCW 36.32.120(7) provides that the county legislative authorities shall make and enforce, by appropriate resolutions or ordinances, all such police and sanitary regulations as are not in conflict with state law; and, WHEREAS, police power is that inherent and plenary power which enables prohibition of all things hurtful to the comfort, safety and welfare of society; and, WHEREAS, the scope of police power is broad, encompassing all those measures which bear a reasonable and substantial relation to promotion of the general welfare of the people; and, WHEREAS, RCW 36.32.120(10) provides that county legislative bodies have the power to declare by ordinance what shall be deemed a nuisance within the county; to abate a nuisance at the expense of the parties creating, causing, or committing the nuisance; and to levy a special assessment on the land or premises on which the nuisance is situated to defray the cost, or to reimburse the county for the cost of abating it; and, WHEREAS, the BoCC has held a hearing and has received public comment on the draft ordinance proposed by staff; and, WHEREAS, in response to the public comment and testimony, additional improvements to the draft ordinance have been made, and, NOW, THEREFORE, be it ordained by the BoCC as follows: Section 1. Amending Chapter 12.25 JCC. The BoCC adopts the changes to Chapter 12.25 JCC, as set forth in Appendix A. Section 2. Repealing and Replacing Chapter 8.25 JCC. The BoCC hereby repeals and replaces Chapter 8.25 JCC with the Amended Chapter 12.25 JCC. 2 Section 3. Findings. The BoCC hereby adopts the above recitals (the “WHEREAS” statements) as its findings of fact in support of this Ordinance. Section 4. Severability. The provisions of this Ordinance are declared separate and severable. If any provision of this Ordinance or its application to any person or circumstances is held invalid, then the remainder of this Ordinance or application of its provisions to other persons or circumstances shall remain valid and unaffected. Section 5. SEPA Compliance. This ordinance is categorically exempt from the State Environmental Policy Act under WAC 197-11-800(19). Section 6. Effective Date. This ordinance is effective immediately upon adoption. (SIGNTURES FOLLOW ON NEXT PAGES) 3 ADOPTED this _____ day of _________________________ 2021, at ___: ___ a.m. JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS SEAL: ______________________________ Kate Dean, Chair ______________________________ Greg Brotherton, Member ATTEST: ______________________________ Heidi Eisenhour, Member APPROVED AS TO FORM: ______________________________ ______________________________ Carolyn Gallaway, Date Philip C. Hunsucker, Date Clerk of the Board Chief Civil Deputy Prosecuting Attorney