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Home My WebLink About03 1106 17st p STATE OF WASHINGTON County of Jefferson In the Matter of Amending Ordinance No. } 11-1208-08 Establishment of a No Shooting } Zone in Irondale known as the Chimacum } ORDINANCE NO. 03 1106 17 Creek No Shooting Zone } WHEREAS, on April 16, 2007, the Jefferson County Board of Commissioners adopted Ordinance No. 02-0416-07, establishing a process for the establishment of no shooting areas in specifically described unincorporated areas of Jefferson County; and WHEREAS, on December 8, 2008 the Jefferson County Board of Commissioners adopted Ordinance No. 11-1208-08 establishing the Chimacum Creek No Shooting Zone and codified in the Jefferson County Code as 8.50.180; and WHEREAS, on September 25, 2017 the Jefferson County Board of Commissioners conducted a briefing and proposed to amend Ordinance No. 11-1208-08 to correct the metes and bounds and map in order to make the No Shooting Zone enforceable by law enforcement, such as the Washington State Department of Fish and Wildlife and the Jefferson County Sheriff's Office; NOW, THEREFORE, be it ordained by the Jefferson County Board of Commissioners that: Section One: Section One of Jefferson County Ordinance No. 11-1208-08, codified as JCC 8.50.180, is hereby amended to read: The area described below is hereby established as a no shooting area as provided in Article I of this chapter. All of the following described lands, being a portion of Sections 34 and 35, Township 30 North, Range 1 West, W.M., and Sections 2 and 3, Township 29 North, Range 1 West, W.M., lying within the following bounds: Beginning at the intersection of centerline of as -built Prospect Avenue extended Easterly to the westerly shoreline of Port Townsend Bay said point being the True Point of Beginning of this description; Thence Westerly along the centerline of as -built Prospect Avenue to the intersection of said road with the centerline of State Route 19, also known as Airport -Cutoff Road; Thence Southeasterly along the centerline of said State Route 19 to the intersection with the centerline of Irondale Road; Thence Easterly along the centerline of Irondale Road to the intersection with the centerline of platted Market Street as said road is Ordinance No. 0 3 110 6 17 Re: Amending the Metes and Bounds and Map of the Chimacum Creek No Shooting Zone platted in the plat of Harrisburg recorded in Volume 1 Page 16 records of Jefferson County, Washington; Thence Easterly along said centerline of Market Street to the centerline of Maple Street as platted on said plat; Thence continuing Easterly along the centerline of platted Market Street lying North of Block 40 and Reserve A, as platted in the plat of Irondale, recorded in Volume 3 Page 5 records of Jefferson County, Washington and the extension of said Market Street to the Westerly shoreline of Port Townsend Bay; Thence Northerly and Westerly, upland of the 0.0 low tide mark with a line at the mouth of Chimacum Creek between the following coordinates: -122.771 48.049D DD to -122.771.48.049 DD, within Port Townsend Bay to the True Point of Beginning. All lying and being in Jefferson County, Washington. Section Two: Attachment A — Chimacum Creek No Shooting Zone Map of Jefferson County Ordinance No. 11-1208-08 is hereby replaced with the map below. 2 Chimacum Creek No Shooting Zone j i 1 i ! C s S -122.77148.049 DD �- -122.771 48.048 DD 8 ._.......... sae F _ .r...»........._ ..,. 60penStreeNW,(am cwftt m. CC -BY -SA 2 Ordinance No. 0 3 110 6 17 Re: Amending the Metes and Bounds and Map of the Chimacum Creek No Shooting Zone ADOPTED this 6 day of November, 2017. V '�a�, SEAL' n ` •i� .� -"�'� �i ��rr •tea J O �• V 1 Erin Lundgren, Clerk of theo'Board 3 JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS Kathleen er, Davicr311Trv-ftn, Kat Dean, Member APPROVED AS TO FORM: O C_ Philip Hunsucker, Chief Civil DPA 0 c air v Ile Qa r ami wwa wen O � c U e pyo aQ wa,Hm � y C C N awxv a. s C_ n` a""~a^r a6aure)Viv anv a�ba°.aa V�^o5 � x � s r rri u�:woA nab ldw.vMM X 6th.. n.. �n F d O � —4n O MuanV V! F J - 9t�.ven iaaas.,en.a i � W anuaaV N°t c gnardwtlt P:a�a a^o>"b rno5 U oo a ! /j��i Y`n Y9yyg= C � �kR�i� i•v �y Crcetwwtara `� �g$��4s a `Y a$� U a JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of County Commissioners Philip Morley, County Administrator FROM: Michael Haas, Jefferson County Prosecuting Attorney David Stanko, Jefferson County Sheriff DATE: November 6, 2017 RE: HEARING re: Proposed Amendment to the following Jefferson County Ordinances regarding No Shooting Areas: - Ordinance No. 02-0416-07 Establishment of No Shooting Areas in Specifically Described Unincorporated Areas of Jefferson County; and - Ordinance No. 11-1208-08 Chimacum Creek No Shooting Zone; STATEMENT OF ISSUE: The Board of County Commissioners will accept and deliberate on written and oral public testimony on two proposed ordinances to amend County Code related to No Shooting Areas. A Hearing Notice was approved on October 23, 2017 and is attached as Exhibit A. 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." To this end, Jefferson County has previously adopted Chapter 8.50 of the Jefferson County Code (JCC) to set procedures for establishing no shooting areas and prohibitions within them, and setting boundaries for eleven no shooting areas within Jefferson County. Two ordinances are proposed: 1. A proposed ordinance to amend JCC 8.50.030 and Ordinance No. 02-0416-07 Establishment of No Shooting Areas in Specifically Described Unincorporated Areas of Jefferson County: Section 3, Prohibited; the amendment would add language that prohibits shooting into a no shooting area from outside of a no shooting area; and 2. A proposed ordinance to amend JCC 8.50.180 and Ordinance No. 11-1208-08 Chimacum Creek No Shooting Zone: the amendment would correct the metes and bounds and map for the Chimacum Creek No Shooting Zone to make its boundaries more readily enforceable by law enforcement, such as the Washington Department of Fish and Wildlife and the Jefferson County Sheriff s Office. Below is the map of the No Shooting Area that is Attachment A to Ordinance 11-1208-08. ChimacumCrcdc ----,-•-��`- '_ . i �� ' � No Shooting .:.onc ry ,..ate.. 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 original 2008 map attached to the Ordinance may not accurately show the boundary of the Chimacum Creek No Shooting Area. Nevertheless, the No Shooting Area extends far to the East from the outlet to Chimacum Creek. 2 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 11-1208-08 describes the metes and bounds of the No Shooting Area, 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 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 Area. This stems from both the lack of signage and the way the Ordinance describes and draws the in -water boundaries of the No Shooting Area. The Chimacum Unitl of the Washington Department of Fish and Wildlife's (WDFW) North Olympic Wildlife Area (NOWA), depicted on the map below, overlaps much of the No Shooting Zone. 1 http://apps.wdfw.wa.gov/gohunt/app.htmI?theme=waterfowl&search=4114686. 3 �r 24 '►p - n ur d Q V** Ave Q - Li > B Z A 2 4 � � H,I& rAw d — scads Ave W 5srn=r. se W bt3u� st E W Kurtakl :St { F KMIwd SN m .,;..,.� Ln $ �� K Arlen Si E Nbom St d y E Fncn st E :tqe r* si Irondala iia nUak. Rd a 500 1000f! MWNW.t Lat: 48.0524 I Lan: -122.7611 1 http://apps.wdfw.wa.gov/gohunt/app.htmI?theme=waterfowl&search=4114686. 3 Dangers to the Public Posed By Hunters The Jefferson County Sheriff s Office (JCSO) has received citizen complaints about hunters shooting from within the Chimacum Creek No Shooting Area. 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, taken facing toward Port Townsend Bay during 0.0 tide, demonstrates that the area of vegetation is well within the No Shooting Area. 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 Chimacum Creek No Shooting Area. The Chimacum Unit of the NOWA is located in WDFW's Region 6. We have spoken with Captain Dan Chadwick, the officer in charge of enforcement in Region 6. According to Captain Chadwick, WDFW would enforce the Chimacum Creek No Shooting Area if it were clearly demarked. Language amending the No Shooting Area metes and bounds in the mouth of Chimacum Creek, and an associated map, are attached to this Agenda Request as Exhibit B. rd Shooting Into the No Shooting Area from Outside the No Shooting Area At a September 25, 2017 briefing to the Board of County Commissioners about the Chimacum Creek No Shooting Area, a question was asked about whether the County's no shooting area ordinance would prohibit shooting into a no shooting area from outside the no shooting area. Our current County Code does not clearly prohibit shooting into a no shooting area from outside the area. Currently, Ordinance No. 02-0416-07 Section 3 (JCC 8.50.030) states: Section 3 Prohibited. It is unlawful for any person to discharge firearms in a no shooting area established by Jefferson County. This chapter shall not abridge the right of the individual guaranteed by Article I, Section 24 of the State Constitution to bear arms in defense of self or others. The statutory basis for the Jefferson County no shooting ordinance is RCW 9.41.300(2)(a), which states: "Cities, towns, counties, and other municipalities may enact laws and ordinances: (a) Restricting the discharge of firearms in any portion of their respective jurisdictions where there is a reasonable likelihood that humans, domestic animals, or property will be jeopardized. Such laws and ordinances shall not abridge the right of the individual guaranteed by Article I, section 24 of the state Constitution to bear arms in defense of self or others." (Emphasis added.) RCW 9.41.010(10) defines Firearm: "`Firearm' means a weapon or device from which a projectile or projectiles may be fired by an explosive such as gunpowder. `Firearm' does not include a flare gun or other pyrotechnic visual distress signaling device, or a powder -actuated tool or other device designed solely to be used for construction purposes." Sergeant Kit Rosenberger and Officer Mark Hillman of the WDFW suggested that the Jefferson County Code could be modified to address this issue by mirroring Washington State Parks regulation WAC 352-32-120. Doing so would amend Section 3 of Ordinance No. 02-0416-07 as follows: Section 3 Prohibited. It is unlawful for any person to discharge 4py firearms or to propel from any portion of Jefferson County any projectile discharged from any firearm across, in or into a no shooting area established by Jefferson County. This chapter shall not abridge the right of the individual guaranteed by Article I, Section 24 of the State Constitution to bear arms in defense of self or others. 5 ANALYSIS: Sergeant Kit Rosenberger and Officer Mark Hillman of the Washington Department of Fish and Wildlife suggested that Ordinance No. 02-0416-07 could be modified to prohibit shooting into the no shooting area by people outside the no shooting or by mirroring Washington State Parks regulation WAC 352-32-120. Captain Chadwick of the WDFW suggested using GIS coordinates to delineate the eastern boundary, which would increase the ability to enforce the Chimacum Creek No Shooting Zone. Doug Noltemeier, the County's GIS Coordinator, was able to modify the map for the Chimacum Creek No Shooting Zone, using GIS, to make clear that the outlet to the creek is within the No Shooting Zone. The BoCC should consider whether to amend Ordinance No. 11-1208-08 Chimacum Creek No Shooting Zone to correct the metes and bounds and map to make the No Shooting Zone enforceable by WDFW and JCSO. FISCAL IMPACT: The fiscal impact of the proposed change to the ordinance is de minimis. There are 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 become appropriate to consider, if the proposed amendments do not have the desired impact. Those additional things might include marking the waterside of the No Shooting Zone with buoys or pilings. N RECOMMENDATION: Hold a Public Hearing Notice and accept public testimony and deliberate on whether to adopt either, both, or none of the proposed amendments: (1) A proposed ordinance to amend Ordinance No. 02-0416-07 Section 3, Prohibited; adding language that prohibits shooting into a no shooting area from outside of a no shooting zone; and, (2) A proposed ordinance to amend Ordinance No. 11-1208-08 to correct the metes and bounds and map to make the Chimacum Creek No Shooting Area more readily enforceable. The proposed hearing notice is attached as Exhibit A, f or Board approval. R EWWBY: ip Modmi ' trator 7 -1 -7 Date Exhihit A Publish: Two (2) times, October 25 and November 1, 2017 Bill: Jefferson County Commissioners P.O. Box 1220 Port Townsend, WA 98368 NOTICE OF PUBLIC HEARING BEFORE THE JEFFERSON COUNTY BOARD OF COMMISSIONERS ON AMENDING TWO (2) ORDINANCES ORDINANCE NO. 02-0416-07 PROCESS TO ESTABLISH NO SHOOTING AREAS IN SPECIFICALLY DESCRIBED UNINCORPORATED AREAS OF JEFFERSON COUNTY; AND ORDINANCE NO. 11-1208-08 CHIMACUM CREEK NO SHOOTING ZONE NOTICE IS HEREBY GIVEN that the Jefferson County Board of Commissioners will hold a public hearing to consider amending two (2) Jefferson County Ordinances; 1) Ordinance No. 02- 0416-07 Process for Establishing a No Shooting Area; and 2) Ordinance No. 11-1208-08 Chimacum Creek No Shooting Zone, on Monday, November 6, 2017 at 10:00 a.m. in the Commissioners' Chambers of the Jefferson County Courthouse, 1820 Jefferson Street, Port Townsend. Written public comments will be accepted through the close of the public hearing, addressed to the BoCC at P.O. Box 1220, Port Townsend, WA 98368 or by email at i effboccgco. j efferson. wa. us. The public hearing is to take comments from all interested persons for or against amending two (2) Jefferson County Ordinances: 1) a proposed ordinance to amend Ordinance No. 02-0416-07 Process for Establishing a No Shooting Area in Specifically Described Unincorporated Areas of Jefferson County (JCC 8.50.030); and 2) a proposed ordinance to amend Ordinance No. 11- 1208-08 Chimacum Creek No Shooting Zone (JCC 8.50.180); The summary of the two proposed amendments are as follows: (1) A proposed ordinance to amend Ordinance No. 02-0416-07 Section 3, Prohibited; the amendment would add language that prohibits shooting into or across a no shooting area from outside a no shooting area; (2) A proposed ordinance to amend Ordinance No. 11-1208-08 to correct the metes and bounds and map to make the Chimacum Creek No Shooting Zone more readily enforceable by the Washington State Department of Fish and Wildlife and the Jefferson County Sheriff's Office. The statutory basis for the No Shooting Area ordinance is RCW 9.41.300(2)(a), which authorizes the County Commissioners to establish a no shooting area "where there is a reasonable likelihood that humans, domestic animals, or property may be jeopardized." Availability of Information: The proposed amendments to the Ordinances (Chapter 8.50 JCC) are available to view online at www.co.iefferson.wa.us. Approved this 23`d Day of October 2017. JEFFERSON COUNTY BOARD OF COMMISSIONERS Kathleen Kler, Chair Exhibit B Proposed Amendment to Ordinance No. 02-0416-07 Establishing No Shooting Areas 8.50.030 Prohibited. It is unlawful for any person to discharge Apyfirearms or to propel from any portion of Jefferson County any projectile discharged from any firearm across, in or into a no shooting area established by Jefferson County. This chapter shall not abridge the right of the individual guaranteed by Article I, Section 24 of the State Constitution to bear arms in defense of self or others. Proposed Amendment to Ordinance No. 11-1208-08 Chimacum Creek No Shooting Zone Boundary and Map 8.50.180 Chimacum Creek. The area described below is hereby established as a no shooting area as provided in Article I of this chapter. All of the following described lands, being a portion of Sections 34 and 35, Township 30 North, Range 1 West, W.M., and Sections 2 and 3, Township 29 North, Range 1 West, W.M., lying within the following bounds: Beginning at the intersection of centerline of as -built Prospect Avenue extended Easterly to the westerly shoreline of Port Townsend Bay said point being the True Point of Beginning of this description; Thence Westerly along the centerline of as -built Prospect Avenue to the intersection of said road with the centerline of State Route 19, also known as Airport -Cutoff Road; Thence Southeasterly along the centerline of said State Route 19 to the intersection with the centerline of Irondale Road; Thence Easterly along the centerline of Irondale Road to the intersection with the centerline of platted Market Street as said road is platted in the plat of Harrisburg recorded in Volume 1 Page 16 records of Jefferson County, Washington; Thence Easterly along said centerline of Market Street to the centerline of Maple Street as platted on said plat; Thence continuing Easterly along the centerline of platted Market Street lying North of Block 40 and Reserve A, as platted in the plat of Irondale, recorded in Volume 3 Page 5 records of Jefferson County, Washington and the extension of said Market Street to the Westerly shoreline of Port Townsend Bay; Thence Northerly and Westerly, upland of the 0.0 low tide mark with a line at the mouth of Chimacum Creek between the following coordinates: -122.771 48.049D D DD to -122.771.48.049 DD, within Port Townsend Bay to the True Point of Beginning. The Hood Canal boundary does not change with the tide. All lying and being in Jefferson County, Washington. The published map shall be the one below. 10