HomeMy WebLinkAbout021218_ra04JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners
FROM: Philip Morley, County Administrator
DATE: February 12, 2018
RE: Continued Deliberation (No Action) on Ordinance No. 05-1218-17
Moratorium on Commercial Shooting Facilities
STATEMENT OF ISSUE: The Board of County Commissioners will continue their
deliberations on Ordinance No. 05-1218-17, based on the Hearing Record, however, to provide
adequate time to consider the entire extensive Hearing Record, no final action will be taken on
the Ordinance on February 12.
A Public Hearing was held on February 5, 2018, and the record for written testimony was
extended through 4:30 p.m. Friday, February 9, 2018. Fifty-three people gave oral testimony,
and over one hundred pieces of written testimony have been received.
ANALYSIS: On December 18, 2017, the Board of County Commissioners adopted Jefferson
County Ordinance No. 05-1218-17, establishing a moratorium of up to one year on permits to
modify existing or establish new commercial shooting facilities in unincorporated Jefferson
County (see Attachment 1).
A key goal of passing the Ordinance was to develop and adopt regulations within the following
year to 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 adopted 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.
The Ordinance requires the County Commissioners to appoint a 9 -member Review Committee to
advise the County as the County develops a draft ordinance. Committee members will be
appointed by the Commissioners, including a resident or property owner from each of the three
Commissioner Districts, a representative of tribal interests if they wish, one at -large County
resident or property owner, a representative of each current commercial shooting facility, the
Director of the Department of Community Development or designee, the County Sheriff or
designee, and the Director of Environmental Health or designee. The Ordinance calls on the
County to hire a consultant to provide expertise and professional support to help the Review
Committee and the County in their work to evaluate impacts, identify mitigation measures, and
develop reasonable regulations to address them.
Consistent with state law, a Public Hearing was held on February 5, 2018, within 60 days of the
Ordinance's passage. A Public Hearing Notice was first published on January 3, 2018 giving
notice of the Hearing and inviting public testimony on the Ordinance. At the February 5 Public
Hearing, staff gave a presentation about the Ordinance and its basis under the law at the
Hearing's outset (Attachment 2).
Fifty-three people spoke and gave oral testimony during the Hearing. Many other people
observed the Public Hearing but did not testify orally. Among those testifying was a
representative of the Jefferson County Department of Community Development, which proposed
language to amend the Ordinance to allow noise testing events during the moratorium, provided
any such noise testing event must have a work plan outlining its test methodology, and must
receive approval by the Director of the Department of Community Development at least 30 days
in advance of the noise testing event.
The Commissioners extended through 4:30 p.m. February 9, 2018 the period in which people
could submit written testimony, thus allowing people to comment on the testimony from
February 5. As of February 8, over 100 pieces of written testimony had been submitted, with
additional submittals likely by the closing date. As it is submitted, written testimony is being
posted for view at: http://test.eo.jefferson.wa.us/WeblinkExtemal/O/doc/l 75577l/Pagel.aspx.
FISCAL IMPACT: None from deliberation.
RECOMMENDATION: It is recommended that the Board of County Commissioners continue
their deliberations on Ordinance No. 05-1218-17, but take no final action on the Ordinance until
a subsequent regularly scheduled meeting of the Board, so as to allow additional time to consider
the entire extensive Hearing Record.
ATTACHMENTS: • Ordinance 05-1218-17
•Presentation Slides from February 5, 2018 Public Hearing
Philip Morley, County Administrator Date
ATTACHMENT 1
STATE OF WASHINGTON
JEFFERSON COUNTY
An Ordinance Establishing a Moratorium }
on Commercial Shooting Facilities in } ORDINANCE NO. 115- u-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; I 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).
1 of 5
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
Sheriffs 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;
2 of 5
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.
3 of 5
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 Sheriff's 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.
4of5
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 :419 P.M.
SEAc
tt;, y
r
Nom' wr'Tyyj t
ATTEST.
C-7--ce
Carolyn laway,
Deputy Clerk of the Board
5 of 5
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
APPROVED AS TO FORM:
C / /ne7
Philip C. Hunsucker, Date
Chief Civil Deputy Prosecuting Attorney
ATTACHMENT 2
titi! 1N
iJ
February 5, 2018
Hearing
Commercial
tti Shooting Facility
Moratorium
Presented by:
Philip Morley,
County Administrator and
Philip C. Hunsucker,
Chief Civil Deputy Prosecuting Attorney
Overview of Commercial Shooting Facility
Moratorium Ordinance.
Legislative Authority for the Moratorium.
Heanng on Commercial Shootmg Fealiry Monaonum
2/5/2018
1
Take Public Testimony about Ordinance No.
05-1218-17, which was adopted by the
County Commissioners on December 18,
2017.
tieanng on Commeraal Shooling Fau6ry Morelonum
Establishes a Moratorium for up to 1 -year to
develop regulations for modifying existing
commercial shooting facilities or establishing new
ones.
The temporary moratorium is for new permit
applications, processing, and permit approvals.
Temporary moratoriums are authorized by the
State's Planning Enabling Act and Growth
Management Act, and they temporarily freeze the
playing field while local governments are preparing
land use and development regulations.
Hearing on Commeraal Shooting Faality Ma tonum
2/5/2018
Hearing an Commercial Shooting Facility Moratonum 5
PRIMARY PURPOSES OF THE MORATORIUM
1) PROTECT PUBLIC SAFETY
2) ENSURE FUTURE VIABILITY OF
COMMERCIAL SHOOTING RANGES
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
w. a..a . 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 cotnmercial 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,
2/5/2018
3
PRIMARY PURPOSES OF THE MORATORIUM
1) PROTECT PUBLIC SAFETY
2) ENSURE FUTURE VIABILITY OF
COMMERCIAL SHOOTING RANGES
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
Sheriffs 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 team 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 (BoCC7) 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
Assess the impacts of all existing and future
commercial shooting facilities on:
public safety,
the environment, and
land use compatibility; and,
Identify and adopt reasonable measures to
mitigate those impacts.
Heanng on Commermal Shooting Facility Mvatonum 9
2/5/2018
al
The Ordinance requires BoCC to appoint a 9 -
member Review Committee to advise the County.
Review Committee members will include:
a resident or property owner from each Commissioner
District,
a representative of the current commercial shooting
facility,
a representative of tribal interests, if they wish,
one at -large County resident or property owner,
the Director of the Department of Community
Development or designee,
the County Sheriff or designee, and
the Director of Environmental Health or designee.
Hearing an Commerad Shoo0rg Faality M-1—
Residents and property owners can apply
by 4:30 p.m. Wednesday, Feb. 14, 2018,
by submitting a Volunteer Application —
Follow links under "Latest News" on County web
page: www.co.jefferson.wa.us.
Posted on January 16, 2018
Volunteers Sought for County Review Committee on Commercial
Shooting Facilities
The Jefferson County Commissioners are seeking individuals to fill four
4) positions to serve for up to one year on an ad hoc review committee
to study the safety, environmental and land use impacts of commercial
shooting facilities, and advise the Count...
Read on...
Hearing w Commercial Shwh g Faaliry Montanum 10
2/5/2018
5
The Ordinance requires the County to hire a
consultant to provide expertise and professional
support to the Review Committee and the County
in their work.
ed on: January 13, 2018
Request for Proposals for Shooting Range Consultant
Request for Proposals Professional Services on Appropriate
Standardsfor Siting, Design and Operation of Commercial Shooting
FacilitiesAs required by Jefferson County Ordinance 05-1218-17,
Jefferson County is requesting proposals from consultants with knowl.,.
Read on...
Additional Info... U H1-
Proposals are due by 4:30 pm February 9, 2018.
Haanng m Commerdal Shooting Facility Moratorium ,1
Complete study of impacts, and identify
reasonable measures to mitigate them;
Present draft regulations for adoption as an
ordinance by the County Commissioners
within 1 -year of the original Moratorium
Ordinance.
The Moratorium would end then, and
adopted regulations would apply to new
applications.
Herring on Commercial Shoobrg Facility Moratorium 12
2/5/2018
L
Section 1. Moratorium.
Section 2. Definitions.
Section 3. Effect of Moratorium.
w . Section 4. Duration.
Section 5. Public Hearing.
Section 6. Work Plan.
Section 7. Findings.
Section 8. Severability.
Hearing on Cwnmeraal Shooting Fsality M—tonum a
Tonight:
accept oral and written testimony about the
Ordinance.
Commissioners have been accepting written
testimony since January 10, 2018, and are
doing so through the end of public testimony.
The BoCC may extend the written testimony
period, to gather additional input.
Once public testimony is closed,
Commissioners will deliberate on the
Hearing Record.
Heanng on Commeraal Shwhng Faality Moratonum 14
2/5/2018
7
2/5/2018
To have time to consider all oral and written
testimony, the BoCC will likely continue
deliberations and consider action at a later
open public meeting of the BoCC.
NEXT STEPS: After deliberations on the Hearing Record,
the BoCC can:
retain,
make revisions, or
repeal the Ordinance.
Hearing oa Comm—al shooerg Faohty Maatonum S
LEGISLATIVE AUTHORITY FOR THE MORATORIUM
vnaan. w n nxn,.w+wur...0 ...rrrr
wue.yw.w+e saaearw_,s.AdNn r,rw,
nw..,ndrM.a#
aw.+,+.ase w ad,w w.,wersiM'.w
w.w _e.e.'1.ws+._!w Axa aai m.
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
arc 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
z - 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
e7 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 1, section
24 of the state Constitution to bear arms in defense of self or others; and,
LEGISLATIVE AUTHORITY FOR THE MORATORIUM
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;
2/5/2018
07
LEGISLATIVE AUTHORITY FOR THE MORATORIUM
1. Moratorium Authorized By:
a. The Planning Enabling Act, RCW 36.70.795; and,
b. The Growth Management Act, RCW 36.70A.390.
2. Regulation of Commercial Shootinq Ranges Authorized Bv:
a. RCW 9.41.300(2)(a), which Provides an Exemption to RCW
9.41.290;
b. Washington Constitution, Article XI, Section 11; and,
c. RCW 36.32.120(7).
See Kitsap Cty. v. Kitsap Rifle & Revolver Club, 405 P.3d 1026
Wash. Ct. App. 2017)
LEGISLATIVE AUTHORITY FOR THE MORATORIUM
PLANNING ENABLING ACT:
RCW 36.70.795
Moratoria, interim zoning controls—Public hearing—Limitation on length.
A board that adopts a moratorium, interim zoning map, interim zoning ordinance, or interim official control without
holding a public hearing on the proposed moratorium, interim zoning map, interim zoning ordinance, or interim
official control, shall hold a public hearing on the adopted moratorium, interim zoning map, interim zoning ordinance,
or interim official control within at least sixty days of its adoption, whether or not the board received a
recommendation on the matter from the commission or department. If the board does not adopt findings of fact
justifying its action before this hearing, then the board shall do so immediately after this public hearing. A
moratorium, interim zoning map, interim zoning ordinance, or interim official control adopted under this section may
be effective for not longer than six months, but may be effective for up to one year if a work plan is developed for
related studies providing for such a longer period. A moratorium, interim zoning map, interim zoning ordinance, or
interim official control may be renewed for one or more six-month periods if a subsequent public hearing is held and
findings of fact are made prior to each renewal.
2/5/2018
10
LEGISLATIVE AUTHORITY FOR THE MORATORIUM
GROWTH MANAGEMENT ACT:
RCW 36.70A.390
Moratoria, interim zoning controls—Public hearing—Limitation on length—Exceptions.
A county or city governing body that adopts a moratorium, interim zoning map, interim zoning ordinance, or interim official control
without holding a public hearing on the proposed moratorium, interim zoning map, interim zoning ordinance, or interim official control,
shall hold a public hearing on the adopted moratorium, interim zoning map, interim zoning ordinance, or interim official control within
at least sixty days of its adoption, whether or not the governing body received a recommendation on the matter from the planning
commission or department. If the governing body does not adopt findings of fact justifying its action before this hearing, then the
governing body shall do so immediately after this public hearing. A moratorium, interim zoning map, interim zoning ordinance, or
interim official control adopted under this section may be effective for not longer than six months, but may be effective for up to one
year if a work plan is developed for related studies providing for such a longer period. A moratorium, interim zoning map, interim
zoning ordinance, or interim official control may be renewed for one or more six-month periods if a subsequent public hearing is held
and findings of fact are made prior to each renewal.
This section does not apply to the designation of critical areas, agricultural lands, forestlands, and mineral resource lands, under
RCW36.70A.170, and the conservation of these lands and protection of these areas under RCW 36.70A.060, prior to such actions
being taken in a comprehensive plan adopted under RCW 36.70A.070 and implementing development regulations adopted under
RCW 36.70A.1.20, if a public hearing is held on such proposed actions.
LEGISLATIVE AUTHORITY FOR THE MORATORIUM
WASHINGTON CONSTITUTION, ARTICLE XI, SECTION 11:
Police and Sanitary Regulations.
Any county, city, town or township may make and enforce within its limits all such
local police, sanitary and other regulations as are not in conflict with general laws.
2/5/2018
11
LEGISLATIVE AUTHORITY FOR THE MORATORIUM
RCW 36.32.120(7):
Powers of legislative authorities.
The legislative authorities of the several counties shall:
7) Make and enforce, by appropriate resolutions or ordinances, all such police and
sanitary regulations as are not in conflict with state law ...
LEGISLATIVE AUTHORITY FOR THE MORATORIUM
RCW 9.41.300(2)(a):
Weapons prohibited in certain places—Local laws and ordinances—
Exceptions—Penalty.
2) 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;
2/5/2018
12