City of Orting
Proclamation

WHEREAS, the City of Orting is a non-charter municipal code city under Title 35A RCW, and as such has broad authority to take action to protect the public health, safety and general welfare of persons and property within the City; and

WHEREAS, the City of Orting has the Mayor-Council plan of government under Chapter 35A.12 RCW; and

WHEREAS, pursuant to Chapter 38.52 RCW – Emergency Management, local governments, via the chief executive officer of the organization, such as the City of Orting’s Mayor, are vested with the power during exigent emergency situations to protect the health and safety of persons and property within the local government’s jurisdiction; and

WHEREAS, the City desires to protect its citizens from the dangers of exigent emergencies and disasters caused by the various forces of nature, including but not limited to wildfire, when emergency situations exist; and

WHEREAS, in accordance with Chapter 38.52 RCW, the City Council of the City of Orting has confirmed that the Mayor has certain emergency powers in Section 1-8-4 of the Orting Municipal Code, and the City Council recently amended Section 1-8-4 specifically to provide that the Mayor is authorized to impose a prohibition on the use of open fires within the City to limit potential adverse impacts to human life and property in response to emergency conditions due to unusual fire danger within the City; and

WHEREAS, summer weather conditions provide for high fire conditions in the City of Orting and within Pierce County generally, and the potential for large and catastrophic fires exists that may be a threat to life and cause damage or destruction to homes, businesses, farmland, natural resources, and other property; and

WHEREAS, the National Interagency Fire Center shows there is a potential for significant wildfires to occur throughout Washington in August of 2023; contributing factors are above-normal temperatures, below-normal seasonal precipitation, and a buildup of potential fuels (grasses, etc.); and burn bans are already in place in many counties across the State, including Pierce, Skagit, Thurston, Jefferson, and King Counties (MRSC Article “State-Based Efforts, Legislation Boost Local Risk Reduction, Resiliency to Wildfires” (August 8, 2023)); and

WHEREAS, the Pierce County Fire Marshal and county fire chiefs have determined that due to the very dry conditions within Piece County and the numerous grass fires and urban fires that have occurred recently in Pierce County, a Stage 2 Burn Ban will go into effect for unincorporated Pierce County, starting on August 18, 2023 and continuing until the Fire Marshal and fire chiefs determine that based on data and conditions, it is safe to resume outdoor burning; and

WHEREAS, pursuant to Orting Municipal Code Chapter 1-8, the Mayor of the City of Orting desires to proclaim and declare the existence of an emergency regarding the potential for wildfires and other fire-related disasters, and to prohibit the use of open fires within the City, consistent with the Fire Marshal’s Burn Ban in effect in unincorporated Pierce County;

NOW, THEREFORE, PURSUANT TO SECTION 1-8-4 OF THE ORTING MUNICIPAL CODE, AND CHAPTER 38.52 RCW, IT IS PROCLAIMED AND DECLARED BY THE MAYOR OF THE CITY OF ORTING THAT:

A. A LOCAL EMERGENCY NOW EXISTS DUE TO THE POTENTIAL FOR WILDFIRES AND OTHER FIRE-RELATED DISASTERS WITHIN THE CITY. THIS EVENT CONSTITUTES AN EMERGENCY NECESSITATING THE UTILIZATION OF EMERGENCY POWERS GRANTED UNDER RCW 38.52.070 AND CHAPTER 1-8 OF THE ORTING MUNICIPAL CODE.

B. A Stage 2 Burn Ban is in effect within the City of Orting. Pursuant to Orting Municipal Code Section 1-8-4(C), the use of open fires within the City of Orting is prohibited, as follows:

1. Except as stated in Paragraph B.3 below, all outdoor burning is prohibited, including but not limited to (a) the use of recreational fire pits in any outdoor location, including but not limited to parks, beaches, backyards, and camping areas, (b) the use of backyard fireplaces, and (c) the use of any other outdoor burn pits, pellet fire pits, cooking fires, and ceremonial fires.

2. Burn permits are suspended within the City.

3. The use of charcoal in grills and gas grills/heaters on a non-combustible surface, such as concrete, is allowed.

C. This Proclamation shall take effect immediately, and shall remain in effect until modified, rescinded or repealed by the City Council or by the Mayor.

Dated this 18th day of August, 2023.