HomeMy WebLinkAboutCSF Ordinance DRAFT 11Chapter 8.xx
Commercial Shooting Facilities – DRAFT 11
8.xx.010 Purpose.
The purpose of this article is to provide uniform requirements for the establishment and
operation of all commercial shooting facilities in unincorporated parts of the county. These
requirements include provisions that:
(1)Establish a permitting procedure and rules for the siting, design and operation of commercial
shooting facilities that protect participants, spectators, neighboring properties and the public;
(2)Include appropriate measures designed to make the discharge of firearms safe;
(3)Protect the environment;
(4)Ensure compatibility with neighboring land uses; and,
(5)Promote the continued availability in the county of shooting facilities for firearm education,
training, and practice in the safe use of firearms, and firearm sports, without prohibiting or
expressly regulating the discharge of firearms.
8.xx.020 Definitions.
The following definitions shall apply in the interpretation and enforcement of the ordinance
codified in this article:
(1)“Armed forces” means the armed forces of the United States or of the National Guard or
organized reserves.
(2)“Backstop” means a barrier that stops or redirects bullets fired on a shooting range, usually
directly behind the target line.
(3)“Baffles” means barriers constructed to contain bullets or to reduce, redirect or suppress
sound waves. Baffles are placed either overhead, behind, alongside, or at ground level to
stop or redirect errant or off-the-target shots.
(4)“Ballistic trauma” means wounds from the discharge of firearms.
(5)“Berm” means an embankment used for restricting bullets to a given area, or as a protective
or dividing wall between shooting areas.
(6)“BMP” means best management practice or practices.
(7)“Bullet” means a single projectile fired from a firearm.
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(8)“Buffer zone” has the same meaning as in JCC 18.10.10B, as it exists now or is hereafter
amended, and includes but is not limited to buffer zones required by Chapter 18.22 JCC
(the critical areas ordinance) or Chapter 18.25 JCC (the shoreline master program
ordinance), federal or state law.
(9)“Cartridge” means a self-contained unitized round of ammunition that is made up of a case,
a primer, powder, and a bullet. The case usually is made of brass but may be steel, metal
alloy or plastic.
(10)“Cold Range” means a shooting range on which all firearms are to be unloaded at all times,
unless instructed otherwise by a range master or a range officer.
(11)“Commercial shooting facility” means an indoor facility or outdoor facility designed and
specifically designated for safe shooting practice with firearms, whether open to the public,
open only to private membership, open to organizational training for law enforcement
officers or members of the armed forces, or any combination of the above. There may be
one or more shooting ranges located at a commercial shooting facility. The term
commercial shooting facility does not include:
(a)Shooting facilities that are both owned and operated by any instrumentality of the
United States, the State of Washington, or any political subdivision of the State of
Washington;
(b)Any portion of a privately-owned property used for lawful shooting practice solely by
its owner or guests without payment of any compensation to the owner of the privately-
owned property.
(12)“Cowboy action shooting” means a type of match using one or a combination of firearms in
“Old West themed” courses of fire for time and accuracy.
(13)“Critical areas” mean critical areas as defined in Chapter 18.22 JCC, as it now exists or may
be hereafter amended.
(14)“Daylight hours” means one-half hour before sunrise until one-half hour after sunset.
(15)“Department” means the county department of community development.
(16)“Director” means the director of the county department of community development.
(17) “Environmental Plan” means a plan for mitigating the environmental impacts of commercial
shooting facilities as required by JCC 8.xx.040(5).
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(18) “Expansion” means any proposed change that increases the existing activities and uses
permitted for a commercial shooing facility, including expansions of a commercial shooting
facility lawfully operating as of the effective date of the ordinance codified in this article.
Examples of expansions include but are not limited to additional firing positions, lengthened
periods of operations, increases in permitted firearm caliber or range, or increased size of
shot fall or direct fire zones. Modifications made solely through routine maintenance of a
commercial shooting facility, such as the installation of sewer, water or other utilities,
pavement of a parking lot, the installation of safety baffles, construction of side or backstop
berms, or the construction or remodel of a clubhouse, shall not be considered an expansion.
(19)“Exploding target” means a target that explodes when hit by a projectile.
(20)“Explode” means burst or shatter violently and noisily from rapid combustion,
Commented \[pch1\]:
This was proposed for deleting, but I
decomposition, excessive internal pressure, or other process, typically scattering fragments suggest we kept this definition so definition of exploding
target is clear.
widely.
(21)“Facility Design Plan” means the written procedures or policies of a commercial shooting
facility that specifically define the facility design requirements for the commercial shooting
facility as required by JCC 8.xx.040(2).
(22)“Firearm” means a weapon or device from which a projectile or projectiles may be fired by
an explosive such as gunpowder. The definition of “firearm” includes the terms pistol, rifle,
short-barreled rifle, shotgun, short-barreled shotgun, machine gun, and antique firearm as
those terms are defined in RCW 9.41.010 as it exists now or hereafter may be amended. The
term “firearm” shall not include: (a) 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; or, (b) a “destructive device” as defined in 18 U.S.C. §921(a)(2) as it
exists now or hereafter may be amended.
(23)“Firing line” means a line parallel to the targets from which firearms are discharged.
(24)“Firing point” means a location from which one individual fires at an associated target
located down range.
(25)“Five-stand shooting” means a shotgun shooting sport where there are five stations or stands
on the firing line and multiple strategically placed target throwers that throw targets in front
of the firing line.
(26)“Hazardous substance” means any liquid, solid, gas, or sludge, including any material,
substance, product, commodity, or waste, regardless of quantity, that exhibits any of the
physical, chemical, or biological properties described in WAC 173-303-090 or WAC 173-
303-100 as they now exist or may be amended in the future.
(27)“Hazardous waste” means those solid wastes designated by 40 CFR Part 261 and regulated
as hazardous and/or mixed waste by the United States EPA.
(28)“Hot Range” means a shooting range on which all firearms are allowed to be loaded at all
times.
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(29)“Impact area” means the area in a backstop or bullet trap directly behind the target where
bullets are expected to impact or the area downrange where bullets will impact if not
captured by a backstop or bullet trap.
(30)“Indoor facility” means a commercial shooting facility within a fully enclosed structure.
(31)“Law enforcement officer” means “law enforcement” officer as defined in RCW 9.41.010
Commented \[pch2\]:
Depending on how this is used in the
ordinance we might need to clarify whether Tribal law
(12) and “qualified law enforcement officer” as defined in 18 U.S.C. Section 928B(c), as
enforcement are included in this definition.
they now exist or are hereafter amended.
(32)“Life safety incident” means an incident that causes, ballistic trauma to an individual or
domestic animal.
(33)“Member of the armed forces” means a member of the armed forces, when on duty.
(34)“NRA Range Source Book” means the most current version of The NRA Range Source
Book published by the National Rifle Association.
(35)“Operations Plan” means the written procedures or policies of a commercial shooting facility
that specifically define the operations requirements for the commercial shooting facility as
required by JCC 8.xx.040(4).
(36)“Operator” means the person operating the commercial shooting facility.
(37)“Operating Permit” means the operating permit required by this article.
(38)“Or” means both or and and/or.
(39)“Outdoor facility” means a commercial shooting facility that is not an indoor facility.
(40)“Owner” means the holder of title to the real property on which a commercial shooting
facility is located.
(41)“Person” means person as that term is defined in RCW 1.16.080 as it now exists or hereafter
is amended.
(42)“Physical containment” means the use of physical barriers that are sufficient to contain the
projectile from the highest power firearm used on a shooting range when the shooting range
is used in accordance with its operating permit. Physical containment may include, but is
not limited to baffles, sidewalls, backstops and berms of adequate design, quantity, and
location to ensure that no errant projectiles can escape the commercial shooting facility.
(43)“Practical shooting” means a sport that challenges an individual’s ability to shoot rapidly
and accurately with a firearm. To do this, shooters take on obstacle-laden shooting courses
called stages, some requiring many shots to complete, and others just a few. While scoring
systems vary between practical shooting organizations, each measures the speed with which
the stage is completed, with penalties for inaccurate shooting.
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(44)“Projectile” means an object fired from a firearm.
(45)“Qualified Shooting Range Evaluator” means a person who has been an NRA range
technical team advisor or who is a professional engineer with expertise in the design of
shooting ranges.
(46)“Range manual” means a manual on operations and maintenance at commercial shooting
facilities.
(47)“Range master” or “range officer” means a person or persons trained and appointed by the
operators of a commercial shooting facility to oversee the safe discharge of firearms in
accordance with the requirements of this article and any additional safety specifications that
may be adopted by the operators of the commercial shooting facility. At a minimum, a range
master and a range officer shall complete the necessary training and obtain certification to
be a range master or range officer from the National Rifle Association, the Washington State
Criminal Justice Commission, or an armed forces equivalent
(48)“Routine maintenance” means simple, small-scale activities (e.g., repairing berms or
structures or property maintenance for which permits are not required.)
(49)“Rules and regulations” means standards used in the operation of a commercial shooting
facility.
(50)“Safety fan” means all areas in or outside a shooting range where projectiles, including errant
projectiles, may impact or ricochet. The safety fan extends to the maximum range of the
most powerful cartridge and firearm used on the shooting range unless adequate physical
containment is provided. When physical containment is adequate, the safety fan is limited
to the area within the containment.
(51) “Safety plan” means the written procedures or policies of a commercial shooting facility
that specifically define the safety requirements for the commercial shooting facility as
required by JCC 8.xx.040(3).
(52)“Shoot house” means a structure, sometimes roofless that simulates multi-room buildings.
(53)“Shooting range” consists of a firing line or firing points, and an impact area. A commercial
shooting facility may include multiple shooting ranges.
(54)“Skeet shooting” means a shotgun shooting sport where the shooter is on the firing line and
shoots at targets launched from two skeet houses in somewhat sideways paths that intersect
in front of the shooter.
(55)“Sporting clays” means a form of clay pigeon shooting that consists of multiple shooting
stations laid out over natural terrain such that target presentations simulate the
unpredictability of live quarry shooting.
(56)“Target” means a mark to shoot at.
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(57)“Target line” means the line where targets are placed.
(58)“Tracer or incendiary ammunition” means any ammunition causing or designed to cause
fires and includes a projectile or shell that traces its own course in the air with a trail of
smoke, chemical incandescence, or fired, to facilitate adjustment of the aim of a firearm.
(59)“Trap shooting” means a shotgun shooting sport where a shooter on the firing line shoots at
targets launched from a single launching point and generally away from the shooter.
8.xx.030 Operating Permit Required.
(1)Commercial shooting facilities shall be authorized and operated in accordance with an
operating permit issued by the department. No proposed or existing commercial shooting
facility may operate without an operating permit. Failure to obtain an operating permit shall
result in closure of the commercial shooting facility until such time a permit is obtained.
Commercial shooting facilities that operate without an operating permit are subject to
enforcement, including but not limited to injunctive relief. The operating permit shall govern
the scope of operations of each commercial shooting facility, and shall be issued, denied, or
conditioned based upon the standards set forth in this article.
(2)The operating permit is not intended to alter the legal nonconforming use status and rights of
existing commercial shooting facilities, which are governed by Title 18 JCC and the common
law, nor shall this operating permit authorize expansion of commercial shooting facility uses
that otherwise require approval pursuant to a conditional use permit or other land use permits
per Title 18 JCC.
(3) New Commercial Shooting Facilities. The owner or operator of a proposed new commercial
shooting facility shall apply for an operating permit at the time of the conditional use permit
application. A hearing examiner considering a conditional use permit application shall review
the operating permit application as part of the review of the conditional use permit application.
(4)Established Commercial Shooting Facilities. The owner or operator of an established
commercial shooting facility in active use on the effective date of the ordinance codified in
this article shall apply for an operating permit not later than one hundred eighty (180) days
after the effective date of the ordinance codified in this article or within such other period as
established by the director in consultation with the applicant. An established commercial
shooting facility must obtain and operating permit within one year of the effective date of this
article.
(5)Inspections and Annual Report Required.
(a)Pre-Operation Inspection. Prior to issuing any operating permit, the department shall
inspect the commercial shooting facility to determine that the commercial shooting facility
complies with any applicable conditional use provisions required by Title 18 JCC and the
standards set forth in this article.
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(b)Annual report. The holder of the operating permit shall submit a report to the department
on an annual basis in a form required by the department. The annual report is due each
year on the last day of the same month the operating permit was issued. The annual report
shall include:
i.A written statement by the owner of the commercial shooting facility declaring that the
commercial shooting facility is compliant with the initial operating permit approval;
ii.A statement of any changes to the plans required in the application; and,
iii.A current statement of general liability insurance and any monitoring data required by
an operating permit or any applicable conditional use permit issued pursuant to Title
18 JCC.
(c)Annual Inspection. After issuance of an operating permit, commercial shooting facilities
shall be subject to an annual inspection by the department following submission of the
annual report required by this section.
(d)Noncompliance Inspection. A noncompliance inspection shall be triggered upon receipt
by the director of any of the following claims:
i.A claim of noncompliance with the operating permit; or,
ii.A claim that there exists a reasonable likelihood that humans, domestic animals, or
property have been or will be jeopardized by the operations of the commercial shooting
facility.
For noncompliance inspections:
i.The department shall have the authority to establish procedures for noncompliance
inspections.
ii.The department shall contact the commercial shooting facility within one business day
after receipt by the department of a claim pursuant to subsection (d) and shall give the
commercial shooting facility a written notice of the claim; and,
iii.The owner or operator shall make the commercial shooting facility available for
inspection not later than two business days after receiving a request for an inspection
from the department.
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(e)Following an annual inspection or a noncompliance inspection:
i.The department shall inform the owner or operator in writing of any deficiencies or
corrective actions to be taken, which may include any of the actions authorized by
subsection (f);
ii.The owner or operator shall take corrective action within a reasonable time, as
determined by the department in consultation with the operator; and,
iii.The owner or operator shall allow the department to conduct follow-up inspections to
verify that corrective action has been taken.
(f)Life Safety Incident. If the director determines there was a life safety incident:
i.The director may suspend or modify the operating permit, close the commercial
shooting facility or a shooting range, or modify shooting range operations;
ii.The director shall provide the owner or operator a written notice that shall set forth
each claimed life safety incident with a specific reference to applicable violation of this
article or operating permit and the corrective measures to be taken;
iii. The owner or operator shall respond in writing to the written notice provided by the
director and shall take any necessary corrective measures within a reasonable time, as
determined by the department in consultation with the operator;
iv.The owner or operator shall allow the department to conduct follow-up inspections to
verify that corrective action has been taken;
v.The department shall verify that corrective action has been taken; and,
vi.Until the corrective measures are completed and verified, the director’s determination
in subsection (f)i. shall remain in effect.
(g)Effect of a Suspension of an Operating Permit. An operating permit that has been
suspended requires the commercial shooting facility to cease any firing activities until the
permit has been reinstated by the director.
(6)In addition to the operating permit required by this article, land use permit applications may
be required. Land use permit applications for a commercial shooting facility shall be governed
by Title 18 JCC.
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8.xx.040 Application for a Commercial Shooting Facility Operating Permit.
(1)The application for a commercial shooting facility operating permit shall contain the
following components with the information required in the subsections that follow:
(a)Facility Design Plan;
(b)Safety Plan;
(c)Operations Plan;
(d)Environmental Plan;
(e)Noise Abatement Plan; and,
(f)Professional Evaluation;
(g)Certification; and,
(h)A list of all property owners prepared by a title company within the distance of the safety
fan, but no less than one mile.
(2)Facility Design Plan. The Facility Design Plan shall contain at least the following elements:
(a)For all indoor and outdoor commercial shooting facilities shall contain the following
elements:
i.Locations and dimensions of all walkways;
ii.Locations of all hazardous material storage and use, per a hazardous substance or
hazardous waste management plan, if needed; and,
iii.The component parts for each shooting range
(b)For all outdoor commercial shooting facilities:
i.Locations and dimensions of firing lines or firing points, target lines and impact areas
including any related buildings;
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ii.Locations, dimensions and slope of all backstops and side berms, whether natural
feature or manmade and the volume, source, and type of all materials of which they
are comprised;
iii.Locations and specifications of any baffles and containment structures;
iv.Location of any security fencing;
v.The safety fan for each shooting range proposed;
vi.Approximate location of buildings on adjoining property;
vii.Dimensional drawings of physical layout for each of the items listed in this
subsection, drawn at a scale not smaller than one-inch equals 200 feet, and not larger
than one-inch equals 50 feet;
viii.Horizontal drawings of the baffles and containment structures, and a description
of the materials to be used for them;
ix.For rifle and pistol shooting ranges:
A.The location and dimension of the safety fans and;
B.Longitudinal cross-sections, with elevations, of that portion of each shooting
range from 10 feet behind each firing line to 10 feet beyond the downrange
terminus of each direct fire zone, 10 feet beyond the back toe of each backstop
if manmade, or if natural, 20 feet beyond the front edge of the backstop, as
applicable; and,
C.Latitudinal cross-sections, from 10 feet outside any side berms or the edge of
each safety fan, of typical areas between each firing line and backstop or
downrange terminus of the direct fire zone.
x.For five-stand shooting, skeet shooting, sport clay shooting and trap shooting ranges,
the location and dimension of the shotfall zones and component parts;
xi.For practical shooting ranges without overhead baffles, a safety fan diagram based on
the most powerful cartridge proposed to be shot on the shooting range; and,
xii.Elevations of all shooting ranges showing target area, backstops and berms.
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(3)Safety Plan. The Safety Plan shall contain at least the following elements:
(a)Sign-in procedures, rules and regulations, and protocols for the use of shooting ranges;
(b)An emergency plan, to include provision for immediate notification to 911 of any life
safety incident and on the next business day to the department;
(c)Methods for documenting the accidental or unintended release of a bullet anywhere at or
from the commercial shooting facility, which documentation shall be transmitted to the
department within 7 days of the release;
(d)Provision for the safe loading and unloading of firearms;
(e)A requirement that range masters and range officers shall complete the necessary training
and obtain certification to be a range master or range officer from the National Rifle
Association, the Washington State Criminal Justice Commission, or an armed forces
equivalent;
(f)A requirement that at least one range master or range officer be present when shooting is
occurring;
(g)Provision for specific safety requirements for any cowboy action shooting, practical
shooting, and similar sports shooting matches at any shooting range;
(h)Rules and regulations for changing the use of shooting ranges from cold ranges to hot
ranges or vice versa; and,
(i)A means for participants and spectators to readily contact emergency services such as fire
or emergency medical services.
(4)Operations Plan. The Operations Plan shall contain at least the following elements:
(a)The days of the week and the hours of operations;
(b)Whether the commercial shooting facility will be open to the public, open only to private
membership, open to organizational training for law enforcement officers, members of
the armed forces, or any combination of these;
(c)The types and largest caliber of firearms, ammunition and shooting intensity to be
allowed on each shooting range;
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(d)Type of shooting proposed on each shooting range;
Commented \[MM3\]:
Placeholder for further discussion.
(e)Maximum anticipated intensity.
(f)Whether exploding targets are to be used. If so, a plan for mitigation of noise impacts on
neighbors;
(g)A requirement that if cannons are to be used for audio effect purposes, a noise variance is
Commented \[MM4\]:
Reconsider as a standard?
required per Chapter 8.70 JCC;
(h)A requirement that a shooting range may not be used for training of units of the armed
forces or law enforcement, unless the commercial shooting facility’s application
identifies all proposed activities, types, and calibers of firearms to be used, and the
commercial shooting facility is currently certified by the regional command as meeting
the armed forces or law enforcement range safety manuals and standards but that does not
restrict individual members of the armed forces, or law enforcement to use a commercial
Commented \[MM5\]:
Delete? Discuss with standards?
shooting facility for improving their individual skills with privately owned firearms.
(i)A requirement that the owner or operator maintain comprehensive general liability
insurance coverage, with a minimum coverage amount of one million dollars for each
occurrence and combined single limit during operation of the commercial shooting
facility;
(j)A requirement that certificates of insurance for all policies that provide insurance
coverage for the commercial shooting facility be provided to the department evidencing
continuous insurance coverage required by the Operations Plan within fifteen (15) days
of approval Operations Permit that include:
i.The limits of coverage;
ii.The names and addresses of any certificate holders; and,
iii.A statement that the insurance policy shall not be canceled or allowed to expire
except on thirty (30) days prior written notice to the department.
(k) A requirement that the department be notified of any change in the insurance required by
the Operations Plan.
12
(5)Environmental Plan. Each commercial shooting facility operator shall develop and submit an
environmental plan that shall be approved by the director. The minimum requirements for an
environmental plan are:
(a)BMPs for the collection and disposal of bullets, cartridges, and shotgun wadding.
(b)At indoor facilities, BMPs for lead as recommended by the National Institute for
Occupational Safety and Health (NIOSH) in its 2009 publication entitled NIOSH Alert –
Preventing Exposures to Lead and Noise at Indoor Firing Ranges, as it exists now or
hereafter is amended.
(c)At outdoor facilities, BMPs for lead as recommended by USEPA Region 2 in its 2005
publication entitled Best Management Practices for Outdoor Shooting Ranges, as it exists
now or hereafter is amended.
(d)If, other than lead, any hazardous substance or hazardous waste will be stored at the
commercial shooting facility, the Environmental Plan shall also include:
(i)A plan for compliance with requirements for the handling and closure of facilities for
storage or use of the hazardous substance or hazardous waste; and,
(ii)A plan for financial assurance for addressing any remediation of hazardous
substances or hazardous waste.
Commented \[pch6\]:
For further review.
(6)Noise Abatement Plan. Each commercial shooting facility operator shall develop and submit
a noise abatement plan with BMPs to minimize noise nuisance consistent with the NRA
Source Book and Chapter 8.70 JCC (noise control), as it exists now or hereafter is amended.
(7)Professional Evaluation. The Professional Evaluation shall contain at least the following
elements:
(a)An evaluation of the operating permit application shall be performed by qualified
shooting range evaluator (as defined above) that meets the following minimum
requirements:
xiii.The evaluation shall discuss any safety issues not addressed by the operating
permit;
xiv.The evaluation shall discuss any proposed uses that are inconsistent with the NRA
Range Source Book for facility designs and institutional controls;
xv.The evaluation shall certify that the operating permit application satisfies all the
requirements of this article; and,
13
xvi.The evaluation shall be in written form and signed by the qualified shooting range
evaluator.
(b)The department may, at county expense, arrange for an additional or independent
inspection and evaluation of the proposed commercial shooting facility, including the
commercial shooting facility’s uses and institutional controls described in an application
for an operating permit.
(c)If there is dispute between the evaluation provided by the commercial shooting facility
and the evaluation performed at the option of the county, the dispute shall be decided by
the hearing examiner pursuant to the procedures in JCC 18.05.080 and JCC 18.05.085.
(8)Certification. Every application for an operating permit shall be accompanied by a notarized
certification by the operator that the commercial shooting facility complies with this article,
meets commonly accepted shooting facility safety and design practices, and shall be operated
Commented \[pch7\]:
This was added as a placeholder at
the request of Tom Richardson to make clear JCC
in a manner that protects the safety of all persons present at the commercial shooting facility
18.20.350(8) does not apply. (“Outdoor Shooting Ranges.
Outdoor shooting ranges are subject to the following
and the general public.
standards:
(a) They shall be located, designed, constructed and operated
to prevent the likelihood of discharge of ammunition beyond
8.xx.050 Minimum Standards.
the boundaries of the parcel where they occur;
(b) The National Rifle Association’s Range Manual shall be
consulted and used in the development and operation of
(1) Required Security. Commercial shooting facilities shall provide security measures to deter
ranges; Articles 1, 2, and 3 of the safety recommendations
unauthorized entry to any shooting range, such as barriers, berms, cameras, gates, fencing, on-
for outdoor shooting ranges shall be used as minimum
guidelines in the design and construction of shooting ranges;
site security personnel, physical limits, or signage.
(c) Warning and trespass signs advising of the range
operation shall be placed on the perimeter of the property at
intervals no greater than 50 feet;
(2) Physical Containment. Commercial shooting facilities shall be designed and operated to keep
(d) The shooting areas shall be surrounded by an eight-foot-
high noise barrier in the form of an earth berm or wall, or be
projectiles from leaving any shooting range or the commercial shooting facility.
located in a minimal eight-foot deep depression;
(e) The minimum lot size for an outdoor rifle, trap, skeet or
pistol range used by an organization shall be 10 acres. For an
(3) Critical Areas. Commercial shooting facilities shall be designed and operated to prevent
outdoor archery range used by an organization, minimum lot
adverse public health and environmental impacts to critical areas.
size shall be five acres;
(f) No structure or shooting areas associated with a shooting
range shall be located closer than 100 feet to any lot line;
(4) Non-applicability of JCC 18.20.350(8). JCC 18.20.350(8) shall not apply to commercial
(g) A minimum location of 500 feet is required from any
occupied dwelling other than the dwelling of the owner;
shooting facilities.
(h) All shooting areas must be completely fenced; and
(i) In the consideration of an application for permit, the
approval authority shall take into account both safety and
8.xx.060 Effect of Full Compliance with this Article.
noise factors, and may prescribe additional conditions with
respect thereto.”)
Full compliance with this article creates a rebuttable presumption that the commercial shooting
facility is not being operated as a nuisance. More than one unfounded claim of a noise nuisance
Commented \[pch8\]:
Added per proposal by Joe D’Amico
from the same address about a commercial shooting facility in full compliance with this article
at the 8/9/18 Review Committee meeting.
shall not result in enforcement under this article.
Commented \[pch9\]:
I understand the point of this
proposal but is this number too low to be reasonable? I
doubt just one will pass muster. How about three?
14
8.xx.060 Review Committee.
The county board of commissioners may require the director to establish a review committee to
evaluate proposed revisions to this article. 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 county board of commissioners.
The Jefferson County Prosecuting Attorney (or designee) shall be an ex officio member 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.
8.xx.070 Limitations on Applicability of this Article.
Nothing in article shall be construed as:
(1)Authorizing an application or a permit for a commercial shooting facility to be located in
whole or in part in an area designated as an area where the discharge of firearms is
prohibited under Chapter 8.50 JCC. Shooting ranges in such areas are expressly prohibited.
(2)Permitting the discharge of firearms, the ownership or possession of which is otherwise
prohibited by law.
(3)Permitting the use or possession of a firearm by an individual who is otherwise prohibited
by law from owning or possessing that firearm.
(4)Allowing or authorizing the discharge of firearms otherwise prohibited by state or federal
law.
(5)Allowing or authorizing the discharge of tracer or incendiary ammunition.
(6)Allowing or authorizing the discharge of a destructive device as that term is defined in 25
U.S.C. Section 5845(f) as it now exists or hereafter may be amended or any explosive as
that term is defined in RCW 70.74.010(5) as it now exists or hereafter may be amended.
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(7)Allowing or authorizing the discharge of a machine gun as that term is defined in 26 U.S.C.
Section 5845(b) or RCW 9.41.010(17), as they now exists or hereafter may be amended,
unless specifically authorized under RCW 9.41.190(3).
(8)Allowing or authorizing the discharge of a short-barreled rifle or a short-barreled shotgun
as those terms are defined in RCW 9.41.010, as they now exists or hereafter may be
amended, unless specifically authorized under RCW 9.41.190(3).
(9)Permitting a commercial shooting facility to maintain or create a public nuisance as defined
in Chapter 7.48 RCW, JCC 5.10.050, JCC 8.20.140, JCC 8.30.020, JCC 8.55.070, Chapter
8.70 JCC, JCC 15.05.100, or Chapter 18.10 JCC, as they now exist or hereafter may be
amended.
(10)Abridging or altering the rights of action by the state, by the county or by persons, which
exist in equity, common law, or other statutes to abate pollution or to abate a nuisance.
(11)Limiting a court of competent jurisdiction from:
(a)Ruling that a commercial shooting facility is a public nuisance; or,
(b)Requiring additional noise, environmental or safety controls as a condition of continued
operation of a commercial shooting facility.
(12)Nullifying or rendering void the terms of any existing or future injunctive order issued by
a court of competent jurisdiction pertaining to operations or activities at a shooting range
or commercial shooting facility.
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