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Agenda
Special Meeting — February 5, 2018
Jefferson County Courthouse
Superior Court Courtroom, 2nd Floor
1820 Jefferson Street, Port Townsend
6:00 p.m. Meeting Called to Order by Chair
HEARING re: Ordinance No. 05-1218-17 Establishing a Moratorium on
Commercial Shooting Facilities in Unincorporated Areas of Jefferson County
Philip Hunsucker, Chief Civil Deputy Prosecuting Attorney
Philip Morley, County Administrator
NOTICE OF ADJOURNMENT
Americans with Disabilities Act (ADA) Accommodations Provided Upon Request
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JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners
FROM: Philip Morley, County Administrator
DATE: Special Meeting February 5, 2018
RE: HEARING re: Ordinance No. 05-1218-17 Establishing a Moratorium on
Commercial Shooting Facilities in Unincorporated Areas of Jefferson County
STATEMENT OF ISSUE:
The Board of County Commissioners will accept written and oral public testimony regarding
Ordinance No. 05-1218-17 establishing a moratorium on Commercial Shooting Facilities in
Unincorporated Areas of Jefferson County. A Hearing Notice was approved on January 2, 2018.
Also see Attached News Release.
FISCAL IMPACT:
None.
RECOMMENDATION:
Accept written and oral public testimony regarding Ordinance No. 05-1218-17 establishing a
moratorium on Commercial Shooting Facilities in Unincorporated Areas of Jefferson County.
Deliberate on the hearing record, and either retain, direct revisions to, or repeal Ordinance No.
05-1218-17
WED BY:
ilip M oun y rator Date
T AT Ff lO
FOR IMMEDIATE RELEASE
December 18, 2017
Philip Morley
1820 Jefferson Street
PO Box 1220
Port Townsend, WA 98368
NEWS RELEASE
CONTACT:
Philip Morley, County Administrator (360) 385-9100
JEFFERSON COUNTY ADOPTS ONE-YEAR MORATORIUM TO DEVELOP
REGULATIONS FOR MODIFYING EXISTING AND ESTABLISHING NEW
COMMERCIAL SHOOTING FACILITIES
On Monday, December 18, 2017, the Jefferson County Board of Commissioners voted
unanimously to adopt an Ordinance establishing a moratorium of up to one year on permits to
modify existing or establish new commercial shooting facilities in unincorporated Jefferson
County. Consistent with state law, a public hearing will be held on the Moratorium Ordinance
within 60 days of its passage today.
A key goal of passing the Ordinance is to develop and adopt regulations within the next year
which will preserve and protect the continued viability of commercial shooting facilities in
Jefferson County in the face of increasing population pressure and density of conflicting land
uses. The moratorium adopts a one-year work program during which Jefferson County will
assess the impacts of existing and future commercial shooting facilities on public safety, the
environment, and land use compatibility, and identify reasonable mitigating measures.
Commercial shooting facilities benefit Jefferson County residents by providing residents and
law enforcement the opportunity to learn firearm safety, practice shooting, and participate in
amateur recreational firearm sports in a safe, controlled, and environmentally -sound setting.
Through the Ordinance, the County Commissioners are creating a 9 -member citizen Review
Committee to advise the County as the County develops a draft ordinance over the next year.
Committee members will be appointed by the Commissioners, including the Director of the
Department of Community Development or her designee, the County Sheriff or his designee,
the Director of Environmental Health or his designee, a representative of each current
commercial shooting facility, a resident or property owner from each of the three
Commissioner Districts, a representative of tribal interests if they wish, and one at -large County
resident or property owner. The County will be hiring a consultant to provide expertise and
professional support to help the Review Committee and the County in their work.
(MORE)
Phone (360) 385-9100 Fax (360) 385-9382 pmorley(rco.jefferson.wa.us
The Review Committee will advise the County on developing reasonable regulations for
commercial shooting facilities, which draft would be presented for adoption as an ordinance by
the County Commissioners within the coming year.
The Ordinance creating the moratorium is authorized under state law pursuant to RCW
36.70.795, RCW 36.70A.390 and Article 11, Section 11 of the Washington State Constitution, for
up to one year, with a work plan for Jefferson County's planning agency as part of the
Ordinance.
A copy of Ordinance 05-1218-17 is attached.
Page 2 of 2
STATE OF WASHINGTON
JEFFERSON COUNTY
An Ordinance Establishing a Moratorium }
on Commercial Shooting Facilities in } ORDINANCE NO.� 17
Unincorporated Areas of Jefferson County }
WHEREAS, the Washington Constitution, Article XI, Section 11, confers upon county
legislative authorities the police power to adopt regulations necessary to protect the health, safety,
and well-being of its residents; 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, RCW 9.41.290 provides that the State of Washington fully occupies and
preempts the entire field of firearms regulations within its boundaries, and counties may only enact
ordinances as expressly authorized by RCW 9.41.300; and,
WHEREAS, RCW 9.41.300(2)(a) provides an exception to RCW 9.41.290 under which a
county may, by ordinance, restrict the discharge of firearms in any portion of its jurisdiction where
there is a reasonable likelihood that humans, domestic animals, or property will be jeopardized so
long as such ordinance 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; and,
WHEREAS, local governments have considerable latitude in exercising police powers and
a regulation is reasonable if it promotes public safety, health, or welfare, and bears a reasonable
and substantial relation to accomplishing the purpose being pursued;' and,
WHEREAS, due to the amount of land in Jefferson County owned by the federal and state
governments, areas of protected shorelines, and limited water and septic capacity in other areas of
Jefferson County, there are limited areas where residents can live; and,
WHEREAS, Jefferson County has experienced a substantial increase in population density
in areas proximate to its existing commercial shooting facilities and the County has an interest in
ensuring the compatibility of commercial shooting facilities with their surroundings and in
minimizing potential safety hazards created by the operation of commercial shooting facilities;
and,
WHEREAS, bullets striking a residence on November 22, 2017 near the shooting range
located at 112 Gun Club Rd., Port Townsend, WA 98368 on land owned by Jefferson County but
operated by Jefferson County Sportsmen's Association called to question the safety of commercial
shooting facilities, even though it was ultimately determined the damage was likely not caused by
the shooting facility operated by Jefferson County Sportsmen's Association; and,
'City of Seattle v. Montana, 129 Wash.2d 583,591-92 (1996).
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WHEREAS, public complaints about lack of safety and land use compatibility issues
arising from the operation of commercial shooting facilities in unincorporated Jefferson County
have called on the scarce resources of Jefferson County's emergency management system and the
Sheriff's Office, which has the effect of diminishing the availability of these resources for
emergency services; and,
WHEREAS, Jefferson County has rural areas where commercial shooting facilities may
be appropriate, but where emergency services are scarce and adopting a commercial shooting
ordinance would promote public safety and preserve precious emergency services; and,
WHEREAS, commercial shooting facilities benefit Jefferson County by providing its
residents and law enforcement the opportunity to learn firearm safety, to practice shooting, and to
participate in amateur recreational firearm sports in a safe, controlled setting; and,
WHEREAS, the Jefferson County Board of Commissioners (BoCC) finds it is in the
public interest to protect and preserve the continued viability of commercial shooting facilities in
Jefferson County in the face of increasing population pressure and density of conflicting land uses;
and,
WHEREAS, Jefferson County's neighbor, Kitsap County has passed a commercial
shooting facility ordinance that withstood legal challenge; and,
WHEREAS, the BoCC finds that uniform requirements for the establishment and
operation of all commercial shooting facilities in unincorporated Jefferson County would provide
assurance of the safe conduct of recreational and educational shooting activities in Jefferson
County, provided the regulation: (1) provides for and promotes safety by establishing a permitting
procedure and rules for the siting, design and operation of commercial shooting range facilities
that safeguards participants, spectators, neighboring properties and the public; (2) does not prohibit
or expressly regulate the discharge of firearms; (3) involves measures designed to make the
discharge of firearms safe; (4) protects the environment; (5) ensures compatibility with
neighboring land use; and, (6) promotes the continued availability of shooting facilities for firearm
education, practice in the safe use of firearms, and recreational firearm sports; and,
WHEREAS, the BoCC finds that resident and property owner input and careful analysis
of the uniform requirements for commercial shooting facilities should be obtained before
legislation imposing uniform requirements on commercial shooting facilities can be adopted by
the BoCC; and,
WHEREAS, this moratorium is authorized by RCW 36.70.795, RCW 36.70A.390 and
Article 11, § 11 of the Washington State Constitution, for up to one year, as long as a work plan
for Jefferson County's planning agency is made part of this Ordinance;
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NOW, THEREFORE, be it ordained by the BoCC as follows:
Section 1. Moratorium. There shall be in unincorporated Jefferson County a moratorium with
respect to:
The submission, acceptance, processing or approval of any Jefferson County permit applications
for any proposed use, development, proposal or project for the siting, construction or modification
of any commercial shooting facility, during the period of development of an ordinance for the
permitting, development and operation of commercial shooting facilities that: (1) provides for and
promotes safety by establishing a permitting procedure and rules for the siting, design and
operation of commercial shooting range facilities that safeguards participants, spectators,
neighboring properties and the public; (2) does not prohibit or expressly regulate the discharge of
firearms; (3) involves measures designed to make the discharge of firearms safe; (4) protects the
environment; (5) ensures compatibility with neighboring land use; and, (6) promotes the continued
availability of shooting facilities for firearm education, practice in the safe use of firearms, and
recreational firearm sports.
Section 2. Definitions. As used in this Ordinance, the following definitions shall apply in the
interpretation and enforcement of this Ordinance:
2.1 "Commercial shooting facility" means a commercial facility having one or more shooting
ranges that for use of the facility require a contract, charge a fee, or require membership.
2.2 "Firearm" means any weapon or device by whatever name known which will or is designed
to expel a projectile by the action of an explosion. The term "firearm" shall include but
not be limited to rifles, semi-automatic weapons, automatic weapons, pistols, revolvers,
and shotguns. The term "firearm" shall not include devices, including but not limited to
"nail guns," which are used as tools in the construction or building industries and which
would otherwise fall within this definition.
2.3 "Shooting range" means a place designed and used for weapons training or the safe
discharge of firearms for individuals wishing to practice, improve upon, or compete as to
their shooting skills. There may be one or more ranges located at a shooting facility.
Section 3. Effect of Moratorium. This moratorium neither impacts any permit applications
relating to acceptance, processing, or approval of any Jefferson County permit applications for any
proposed use, development, proposal or project for the siting, construction or modification of any
commercial shooting facility that have previously been deemed "substantially complete" by
Jefferson County, nor alters, amends, repeals or revises any other applicable statute, regulation, or
code provision applicable to such substantially complete applications.
Section 4. Duration. Unless subsequently extended by the BoCC pursuant to state law, this
moratorium adopted by this Ordinance is effective immediately upon adoption and shall remain in
effect not longer than one year, consistent with the work plan detailed in Section 6.
Section 5. Public Hearing. Pursuant to state law, a public hearing regarding this moratorium will
be held by the County Commission no later than sixty days after adoption.
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Section 6. Work Plan. The following work plan is adopted:
6.1 The BoCC shall receive public comments on this Ordinance, starting January 15, 2018 and
through the date of the public hearing required by Section 5.
6.2 The BoCC shall hold the public hearing on this Ordinance required by Section 5 no later
than sixty days after its adoption, namely on or before February 16, 2017.
6.3 On or before January 15, 2018, the County will issue a request for proposals (RFP) to retain
the professional services of a consultant with in the ability to provide information on the
siting, engineering, design, construction and operation of both indoor and outdoor shooting
facilities that: (1) provide for and promote safety for participants, spectators, neighboring
properties and the public, (2) protect the environment; (3) ensure compatibility with
neighboring land use; and, (4) ensure the continued availability of shooting facilities in
areas of population growth. The consultant's experience must include experience with
ballistic safety ceilings, baffling, ballistic walls, bullet traps, live fire shoot houses, towers,
and training facilities.
6.4 On or before sixty days after the issuance of the RFP required by Section 6.3, the BoCC
shall approve a contract for the consultant.
6.5 The BoCC shall establish a Review Committee to advise the County as the County
develops a draft ordinance. The Review Committee shall consist of (a) the director of the
department of community development or the director's designee (chair); (b) Jefferson
County Sheriff or the Sheriffs designee; (c) Jefferson County Director of Environmental
Health or the director's designee; (c) a representative of each current commercial shooting
facility in unincorporated Jefferson County; (d) a resident or property owner from each of
the three districts of Jefferson County; (e) one representative of tribal interests, if
interested; and (f) one at large Jefferson County resident or property owner appointed by
the BoCC. The consultant hired pursuant to Section 6.3 and the Jefferson County
Prosecuting Attorney (or designee) shall be ex officio members of the Review Committee,
but shall not be required to attend every meeting of the Review Committee. All Review
Committee meetings shall be subject to the requirements of the Open Public Meetings Act,
Chapter 42.30 RCW.
6.6 The Review Committee shall: (a) study the safety, environmental and land use impacts of
commercial shooting facilities and reasonable measures to address those impacts, including
among other measures whether there should be an amendment to the No Shooting Areas
Ordinance, Chapter 8.50 JCC to allow indoor commercial shooting facilities in No
Shooting Areas; and, (b) shall provide input to the County as the County generates and
recommends a draft ordinance. The draft shooting facility ordinance for existing and new
commercial shooting facilities within unincorporated Jefferson County shall be forwarded
to the Planning Commission if within its jurisdiction, or to the Board of County
Commissioners within 120 days of the Review Committee's establishment.
6.7 If referred to the Planning Commission, it shall conduct a hearing on the proposed
ordinance provided by the Review Committee within 30 days of receipt.
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6.8 Planning Commission shall provide a final recommendation to the BoCC within 30 days
the hearing required by Section 6.7.
6.9 A BoCC informational session on staff recommendations shall be held within 30 days of
submission of the recommended regulations.
6.10 A BoCC hearing for the adoption of a final ordinance shall be held within 30 days of the
informational session required by Section 6.9, which shall be within one year of the
adoption of this Ordinance.
Section 7. Findings. The BoCC hereby adopts the above recitals (the "WHEREAS" statements)
as its findings of fact in support of this Ordinance.
Section 8. 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.
ADOPTED this 18th day of December 2017, at 3 NV f m.
�NTY COtr.
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Carolyn laway'
Deputy Clerk of the Board
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JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
APPROVED AS TO FORM:
ac
Philip C. Hunsucker, Date
Chief Civil Deputy Prosecuting Attorney
Please publish three (3) times: January 31, January 10', and January 24`x', 2018.
Bill: Jefferson County Commissioners' Office
PO Box 1220
Port Townsend, WA 98368
Account # 15830
NOTICE OF PUBLIC HEARING
Moratorium Ordinance on Commercial Shooting Facilities
Notice is hereby given that pursuant to RCW 36.70.795, RCW 36.70A.390, a Public Hearing will be held
on Monday, February 5, 2018 at 6:00 p.m. in the Jefferson County Superior Courtroom, 1820 Jefferson
Street, Port Townsend, Washington for the purpose of taking written and oral testimony regarding
Ordinance 05-1218-17 Establishing a Moratorium Ordinance on Commercial Shooting Facilities.
On December 18, 2017, the Board of County Commissioners adopted Ordinance 05-1218-17, which
established in unincorporated Jefferson County a moratorium for up to one year on the submission,
acceptance, processing or approval of any Jefferson County permit applications for any proposed use,
development, proposal or project for the siting, construction or modification of any commercial shooting
facility. The moratorium applies to existing and new commercial shooting facilities. The moratorium
was established so that the County could convene a citizen review committee, study the impacts of
commercial shooting facilities, and develop reasonable regulations that (a) provide for and promote
safety; (b) do not prohibit or expressly regulate the discharge of firearms; (c) protect the environment; (d)
ensure compatibility with neighboring land use; and, (e) promote the continued availability of commercial
shooting facilities in unincorporated Jefferson County.
After taking public testimony and deliberating, the County Commissioners could either take no further
action, or could amend the ordinance. As presently adopted, Ordinance 05-1218-17 contains the
following sections:
Section 1. Moratorium.
Section 2. Definitions.
Section 3. Effect of Moratorium.
Section 4. Duration.
Section 5. Public Hearing.
Section 6. Work Plan.
Section 7. Findings.
Section 8. Severability.
The public can view the complete text of Ordinance 05-1218-17 on-line at www.co.jefferson.wa.us or a
copy can be obtained by calling 360-385-9100. The public may provide verbal and/or written testimony
on the ordinance at the Public Hearing, and may also submit written testimony to the Jefferson County
Commissioners, P.O. Box 1220, Port Townsend, WA 98368 or e-mail to jeftbocc(n),co jefferson.wa.us, at
any time up through the end of the Public Hearing.
Approved this 21 day of January, 2018
JEZau4
N Y BOARD OF COMMISSIONERS
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