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Home My WebLink About092517_ra01JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS CONSENT AGENDA REQUEST TO: Board of County Commissioners Philip Morley, County Administrator FROM: Michael Haas, Jefferson County Prosecuting Attorney David Stanko, Jefferson County Sheriff DATE: September 20, 2017 RE: Request for Board of County Commissioners to Modify the Boundaries of the Chimacum No Shooting Zone. STATEMENT OF ISSUE: No Shooting Zone Ordinance RCW 9.41.300(2)(a) authorizes counties to enact laws and ordinances restricting the discharge of firearms "where there is a reasonable likelihood that humans, domestic animals, or property may be jeopardized." In 2008, the BOCC enacted Ordinance 11-1208-8 pursuant to the authority granted in RCW 9.41.300(2)(a), creating the "Chimacum Creek No Shooting Zone." This No Shooting Zone was enacted in recognition of the high density of existing residential and commercial uses in the area, which makes the area incompatible with shooting of firearms. Ordinance 11-1208-8(3). Ordinance 11-1208-8 is codified as JCC 8.50.180. No Shooting Zone Boundaries Below is the map of the No Shooting Zone that is Attachment A to Ordinance 11-1208. Chimacum Unit of the WDFW's NOWA About 2.5 miles north of the town of Chimacum is the Chimacum Unit of WDFW's NOWA. WDFW's Chimacum Unit, depicted on the above map,I overlaps much of the No Shooting Zone. Duck hunters like to hunt in the waters in and near the outlet of Chimacum Creek.2 Duck hunting season starts in October every year.3 WDFW recognizes the No Shooting Zone and even provides notice of its existence on the WDFW website: Hunters: Jeferson County has a no - shooting restriction that prohibits the discharge of any firearm (shotgun, pistol or rifles in certain areas. This restriction applies to the Chimacum Unit of the North Olympic 'Ni IdIife Area. 1 http://apps.wdfw.wa.Rov/izohunt/app.htmI?theme=waterfowl&search=4114686 2 For a video of duck hunting near Chimacum, see: https://www.youtube.com/watch?v=dKe2agWkFI4. 3 http://wdfw.wa.gov/hunting/regulations/summary hunting dates.html. Youth only hunting starts in September. 2 _ � Q r iE 14 ... - 4 A ,0 RL. r 1fY k:✓H.ixl of K F K�nM.�.Q 41 r 4 Arden R lMrn�r SI + � �� E Pr— �5f =i - i.. Irondale Hal, ° G SGG lGGi1f4 Aiti 41 �t Let: 46.0524 Lon: -122.7611 WDFW's Chimacum Unit, depicted on the above map,I overlaps much of the No Shooting Zone. Duck hunters like to hunt in the waters in and near the outlet of Chimacum Creek.2 Duck hunting season starts in October every year.3 WDFW recognizes the No Shooting Zone and even provides notice of its existence on the WDFW website: Hunters: Jeferson County has a no - shooting restriction that prohibits the discharge of any firearm (shotgun, pistol or rifles in certain areas. This restriction applies to the Chimacum Unit of the North Olympic 'Ni IdIife Area. 1 http://apps.wdfw.wa.Rov/izohunt/app.htmI?theme=waterfowl&search=4114686 2 For a video of duck hunting near Chimacum, see: https://www.youtube.com/watch?v=dKe2agWkFI4. 3 http://wdfw.wa.gov/hunting/regulations/summary hunting dates.html. Youth only hunting starts in September. 2 The photograph below, taken from the bluff to the North of Chimacum Creek, shows the approximate location of the 0.0 low tide mark. Based on the July 10, 2017 view of 0.0 low tide line, the map attached to the Ordinance may not accurately show the boundary of the No Shooting Zone. Nevertheless, the No Shooting Zone extends far to the East from the outlet to Chimacum Creek. Hunters claim that the boundary of the No Shooting Zone moves with the tide. That is not correct. The Ordinance describes the boundary as follows: "Thence Northerly and Westerly, upland of the 0.0 low tide mark, within Port Townsend Bay to the True Point of Beginning [the intersection of centerline as built Prospect Avenue extended easterly to the westerly shoreline of Port Townsend Bay]." Ordinance 11-1208-8 describes the metes and bounds of the "No Shooting Zone," using streets as a reference point on land and, in the tidelands below the water, "upland of the 0.0 low tide mark, within Port Townsend Bay." The designation of the "0.0 low tide mark" was likely intended to mean the same as "extreme low tide," meaning: ... the line as estimated by the federal government below which it might reasonably be expected that the tide would not ebb. In Puget Sound area generally, this point is estimated by the federal government to be a point in elevation 4.50 feet below the datum plane of mean lower low water, (0.0). 3 WAC 332-30-106(18).4 The extreme low tide is the limit of the State's ownership of tidelands under federal law. The boundary of the No Shooting Zone clearly includes the Chimacum Creek, its outlet and parts of Port Townsend Bay. However, when the tidelands are flooded, there is no way for hunters or law enforcement to determine the boundaries of the No Shooting Zone. This stems from both the lack of signage and the way the Ordinance describes and draws the in -water boundaries of the No Shooting Zone. Dangers to the Public Posed By Hunters JCSO has received citizen complaints about hunters shooting in the No Shooting Zone. According to JSCO, these complaints are safety -oriented, not noise -oriented. Of greatest concern to public safety is shooting to the West of the end of the outlet of Chimacum Creek, especially when the tide is high. At low tide, there is an area of vegetation outside of the boundaries of Chimacum Creek, which exposed tideland surrounds. The photograph below was taken facing toward Port Townsend Bay during 0.0 tide and demonstrates that the area of vegetation is well within the No Shooting Zone. At high tide, water surrounds much of this area of vegetation. This area of vegetation is where migratory birds like to congregate when flooded, and is a favorite of duck hunters. This vegetated area is well within the No Shooting Zone. 4 However, "Along the Pacific Ocean and in the bays fronting thereon and the Strait of Juan de Fuca, the elevation ranges down to a minus 3.5 feet in several locations." Id. 4 This vegetative area is near trails on either side of Chimacum Creek. People walk on the beach and near Chimacum Creek too. See the photograph below. The photograph below shows the length of the beach in relationship to the County's Irondale Beach Park. Irondale Beach Park' lies less than 0.25 miles away from the outlet of Chimacum Creek and provides easy public access to the beach and the trail on the South side of Chimacum Creek. The photograph from the County's website, copied above, shows both the length of the beach from the park to the outlet to Chimacum Creek and the trail to the South of Chimacum Creek. We have spoken with Captain Dan Chadwick, the officer in charge of enforcement in Region 6 of the WDFW in which the NOWA lies. According to Captain Chadwick, WDFW would enforce the No Shooting Zone if it were clearly demarked. ANALYSIS: Captain Chadwick of the WDFW, suggested using GIS coordinates to delineate the eastern boundary, which would increase the ability to enforce the No Shooting Zone. Doug Noltemeier, the County's GIS Coordinator was able to modify the map for the No Shooting Zone, using GIS, to make clear that the outlet to the creek is within the No Shooting Zone. 5 According to the County's website: "This park actually consists of two parts: the Chimacum Creek Tidelands owned by the WDFW to the North, and the Irondale Beach Park, owned by Jefferson County Parks and Recreation to the South. Irondale Beach Park is the former site of the Irondale Mill.... You can see the ruins of the old Mill, and also walk along a beautiful beach." http://www.countyrec.com/info/facilities/details.aspx?FacilitylD=9932. 6 The BoCC should consider whether to direct staff to provide it with an amended ordinance that corrects the metes and bounds and map to make the No Shooting Zone enforceable by WDFW and JCSO. If the BoCC so directs staff, an amendment will be prepared with the assistance of the Chief Civil Deputy Prosecuting Attorney for public comment and a hearing for decision by the BoCC. FISCAL IMPACT: The fiscal impact of the proposed ordinance is de minimis. There other things that also could be done to increase the effectiveness of the No Shooting Zone which would have more than a de minimis impact that may be required, if an amendment to the metes and bounds and map for the No Shooting Ordinance does not have the desired impact. Those additional things include marking the waterside of the No Shooting Zone with buoys or pilings. RECOMMENDATION: Direct County staff to prepare an amended ordinance that corrects the metes and bounds and map to make the No Shooting Zone enforceable by WDFW and JCSO. REVIEWED BY: `'�-P ilip MorleXCo t Adminis for Date 7