Loading...
Resolution 09-007 Directing River Entry CITY OF SPOKANE VALLEY SPOKANE COUNTY,WASHINGTON RESOLUTION NO.09-007 A RESOLUTION TEMPORARILY DIRECTING THE PUBLIC NOT TO INTENTIONALLY ENTER, SWIM, DIVE OR FLOAT, WITH OR WITHOUT A BOAT, RAFT, CRAFT OR OTHER FLOTATION DEVICE, IN OR UPON THE WATER OF THE SPOKANE RIVER FROM THE EASTERN BOUNDARY OF THE CITY TO BARKER BRIDGE IN THE CITY OF SPOKANE VALLEY; AND OTHER MATTERS RELATED THERETO. WHEREAS, the City may take appropriate action to protect the public health, safety and welfare of its citizens pursuant to the Washington State Constitution, Article XI Section 11, and RCW 35A.11.020; and WHEREAS,the Spokane River is currently running at high volume; and WHEREAS, Barker Bridge is currently under construction, resulting in debris from the river washing into and accumulating in the temporary bridge structure that could pose a risk of injury for those in the river; and WHEREAS, the City Council has received a request from Spokane County Sheriff Ozzie Knezovich to restrict access to the Spokane River due to danger posed by the combination of the elevated water levels in the Spokane River and the river debris accumulating around the temporary Barker Bridge. These conditions pose a danger to any person entering the River, including rescue personnel; and WHEREAS, on June 2, 2009, Spokane County adopted a Resolution containing substantially identical restrictions and authorizations as those contained in this Resolution. A copy of Resolution 09- 0510 adopted by Spokane County on June 2, 2009 is attached to this Resolution. NOW THEREFORE, be it resolved by the City Council of the City of Spokane Valley, Spokane County, Washington,that the following temporary restrictions shall be in full force and effect: Section 1.Restrictions on Access to Spokane River. a. The public shall not intentionally enter, swim, dive or float, with or without a boat, raft, craft, or other floating device, in or upon the water of the Spokane River from the eastern boundary of the City to Barker Bridge. b. The Spokane Valley Police Department is directed to take appropriate action to enforce this Order for the public health safety and welfare. c. The City of Spokane Valley Police Department will coordinate its actions in enforcing this Order with the Spokane County Sheriff and other law enforcement agencies and jurisdictions within Spokane County wherein the Spokane River flows. Section 2. Duration of Restrictions on Access to Spokane River. This Resolution shall be effective upon adoption, and shall continue in effect until the Spokane County Sheriff determines and provides the City with written confirmation that the conditions giving rise this Resolution have abated. Resolution 09-007 River Entry Page 1 of 2 At such time as the Spokane County Sheriff provides that written confirmation, the authority and restrictions provided in this Resolution shall terminate. Adopted this 2nd day of June, 2009. City of Spoka - Valley ia, 'layor Richa d Munson A rV ►: ity Clerk,Christine Ba bridge Approved as to orm: Office o' the City Mr ey Resolution 09-007 River Entry Page 2 of 2 NO. q- 05/0 BEFORE THE BOARD OF COUNTY COMMISSIONERS OF SPOKANE COUNTY, WASHINGTON IN THE MATTER OF AN ) EMERGENCY ORDER DIRECTING ) THE PUBLIC NOT TO ) INTENTIONALLY ENTER, SWIM, ) DIVE OR FLOAT, WITH OR ) RESOLUTION WITHOUT A BOAT, RAFT, CRAFT ) OR OTHER FLOTATION DEVICE, IN ) OR UPON THE WATER OF THE ) SPOKANE RIVER WITHIN THE ) UNINCORPORATED AREA OF ) SPOKANE COUNTY LOCATED ) BETWEEN THE BARKER ROAD ) BRIDGE AND THE HARVARD ROAD ) BRIDGE AND OTHER MATTERS ) RELATED THERETO ) The above entitled matter having come before the Board of County Commissioners of Spokane County (hereinafter sometimes referred to as the `Board") for consideration at its June 2, 2009 2:00 p.m. Consent Agenda at the request of Spokane County Sheriff Ozzie Knezovich and the Board of County Commissioners after being briefed on the above matter by Spokane County Sheriff Ozzie Knezovich approved the following: 1. ORDERS the public not to intentionally enter, swim, dive or float, with or without a boat, raft, craft, or other floating device, in or upon the water of the Spokane River as it flows within the unincorporated area of Spokane County between the Barker Road Bridge and the Harvard Road Bridge. 2. DIRECTS the Spokane County Sheriff to take appropriate action to enforce this Order for the public health, safety and welfare. 3. REQUESTS the City of Spokane Valley and City of Liberty Lake take appropriate actions, consistent with this resolution, and enter similar ORDERS for that portion of the Spokane River as it flows within their corporate boundaries between the Barker Road Bridge and the Harvard Road Bridge. This ORDER shall be in effect until further notice by the Board of County Commissioners based upon a recommendation of the Spokane County Sheriff. Page 1 of 2 In taking the above action, the Board of County Commissioners enters the following findings: 1. The Spokane River between the Harvard Road Bridge and the Barker Road Bridge is extremely dangerous because of fast-moving water and debris accumulating at the Barker Road Bridge construction site. 2. On Sunday, May 31, 2009, a woman was rescued by the Spokane Valley Fire Department firefighters after becoming wedged in the debris at the Barker Road Bridge construction site on the Spokane River while attempting to float under the bridge in her raft which necessitated recue efforts by the Spokane Valley Fire Department. 3. Although there are some signs warning boaters to take out well before the Barker Road Bridge construction site on the Spokane River, some of the signs are confusing and it is difficult to leave the river due to fast-moving water at this time of the year. 4. This Order is being enacted pursuant to RCW 36.32.120(6) and RCW 36.32.120(7) as well as to protect the public health, safety and welfare of the citizens of Spokane County as well as law enforcement/fire department officials who may be involved in rescue efforts on the Spokane River between the Barker Road Bridge and Harvard Road Bridge in the unincorporated area of Spokane County. This Order shall not be effective on any portion of the Spokane River between Barker Road Bridge and Harvard Road Bridge located within the City of Spokane Valley. 5. Both the Spokane County Sheriff and the Spokane Valley Fire Department recommend the enactment/passage of this resolution. PASSED AND ADOPTED this Rile/ day of\J U(J , 2009. c of y4o r �;� N ; BOARD OF COUNTY COMMISSIONERS • OF SPOKANE COUNTY, WASHINGTON • E • lf, •• • SAL . � i/ _ '‘k klArE co� = TODD MIEL C i ATTEST: YA..AkA(Uliadirl.A.t) CPbO 1/A ' RI a 'a, Vice Chair Daniela Erickson Clerk of the Board kat-9/6 ONNIE MAGER, Commissioner Page 2 of 2