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();Ç I.. ... . , Ç\A , As""^ '/v;.\~ ~~. ~re.r5 ;r../ , (~ &erX':l- (O\OV\) c.LD~ 3-~-95 JEFFERSON COUNTY State of Washington AN ORDINANCE ESTABLISHING A PROCESS FOR THE ESTABLISHMENT OF NO SHOOTING AREAS IN SPECIFICALLY DESCRIBED UNINCORPORATED AREAS OF JEFFERSON COUNTY } } } } } ORDINANCE NOo 03-0227-95 WHEREAS, the unincorporated private communities of Kala Point, Port Ludlow and Cape George Colony, all located within the boundaries of Jefferson County, have, through their respective Homeowner's Associations requested an ordinance setting forth procedures to establish "no shooting" areas around their communities, and; WHEREAS, the Board of Jefferson County Commissioners recognizes that persons discharging firearms near such developed residential areas in unincorporated Jefferson County presents a safety hazard to those residents; and WHEREAS, the provisions of RCW 9.41.300 provide that Counties may enact laws or ordinances restricting the discharge and possession of firearms in certain instances; and, NOW, THEREFORE, BE IT HEREBY ORDAINED, by the Board of County Commissioners of Jefferson County: SECTION 1: PURPOSE The purpose of this ordinance is to establish a process for the establishment of "no shooting" areas in unincorporated Jefferson County and to provide regulation of the discharge of firearms in such areas as provided below: 1) It is unlawful for any person to discharge firearms in a "no shooting" area established by Jefferson County. This ordinance shall not abridge the right of the individual guaranteed by Article I, Section 24 ofthe State Constitution to bear arms in defense of self or others. SECTION 2: FIREARMS DEFINED The term firearm as used in this ordinance shall include, but not be limited to: pistols, revolvers, shotguns, and rifles. SECTION 3: CREATION OR DISSOLUTION OF A "NO SHOOTING" AREA A) Petitions requesting the Jefferson County Board of Commissioners to create a no-shooting area or dissolve an existing no-shooting area shall be filed with the Clerk of the Board of Commissioners. Petitions shall contain the signatures of at least ten (10) elector-residents of each voting precinct in the area under consideration. A map and legal description of the area shall be included with these petitions. 'VOL 21 rACf 348 "", . . Ordinance No. 03-0227-95 re: Establishing a Process for the Establishment of "No Shooting" Areas in Specifically Described Unincorporated Areas of Jefferson County SECTION 3: CREATION OR DISSOLUTION OF A "NO SHOOTING" AREA -- Continued B) After petition signatures have been verified by the Jefferson County Auditor - Elections, the Jefferson County Board of Commissioners shall set a date of hearing. Legal notice of the hearing shall be published one time in the official newspaper of the County at least ten (10) days prior to the hearing. C) If the County Commissioners find the formation or dissolution of the petitioned area to be beneficial to the public health, safety and general welfare, the area shall be established as a "No Shooting" area by ordinance. The Board of Commissioners shall consider, but is not limited to considerations of the location, terrain and surrounding land use of the petitioned area, SECTION 4: VIOLATIONS - MISDEMEANOR - PENALTY - ARREST A) Any person discharging a firearm in a "No Shooting" area is guilty of a misdemeanor. It shall not be a violation of this ordinance when a person discharges a firearm in accordance with the provisions ofRCW 9A.16.020. B) Any law enforcement officer having information to support a reasonable belief that a person has committed a violation of this ordinance, has the authority to arrest the person. C) The first offense for violation of this ordinance constitutes a civil penalty not to exceed one hundred ($100) dollars. Consecutive offenses are punishable, upon conviction, by a fine not to exceed two hundred and fifty ($250) dollars or by confinement in the County jail for a period of not more than ninety (90) days. SECTION 5: ENFORCEMENT OFFICERS AND PROCEDURES Enforcement of this ordinance may be by any State or County law enforcement officer, State game officer, or State Fish and Wildlife officer. All such enforcement officers are empowered to issue citations to and/or arrest without warrant, persons violating the provisions of this ordinance. Said enforcement officers may serve and execute all warrants, citations and other process issued by the courts. In addition, mailing by registered mail of such warrant, citation or other process to the last known place of residence of the offender shall be deemed as personal service upon the person charged. Said enforcement officers may seize and hold as evidence the weapon and ammunition of any person violating the provisions of this ordinance. SECTION 6: SEVERABILITY If any section, word or words ofthis ordinance are found to be unconstitutional or otherwise invalid , , such constitutionality or invalidity shall not affect the remaining portions of the ordinance. SECTION 7: INTERPRET A nON In the event any other County ordinance, whether or not codified, is in conflict with any of the terms of this ordinance, the more stringent shall be construed as applicable. Page 2 of 3 VOL 21 ~AG~ 349 , ... . , l' Ordinance No. 03-0227-95 re: Establishing a Process for the Establishment of "No Shooting" Areas in Specifically Described Unincorporated Areas of Jefferson County SECTION 8: EFFECTIVE DATE This ordinance shall take effect on the~day of March. 1995. Approved and signed this..2l1h day of February, 1995. -~< -d M11£X J. Ût Lorna L. Delaney, Clerk of the Board JEFFERSON COUNTY BOARD OF COMMISSIONERS ~/ ~/ ~)/ VOL 21 r~G; 350