HomeMy WebLinkAbout082718_ra01JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
REGULAR AGENDA REQUEST
TO: Board of County Commissioners
Philip Morley, County Administrator
FROM: Mark McCauley, Central Services Director
Philip Hunsucker, Chief Civil Deputy Prosecuting Attorney
DATE: August 27, 2018
RE: Request for an opportunity to brief the Board of County Commissioners (BoCC) on
the work completed by the Commercial Shooting Facility Review Committee
pursuant to its establishment in accordance with Jefferson County Ordinance 05-
1218-17 and the resulting Staff Report and Proposed Ordinance
STATEMENT OF ISSUE:
Staff would like to brief the BoCC on a Staff Report and Proposed Ordinance regarding the establishment and
operation of commercial shooting facilities in unincorporated Jefferson County. County staff drafted the Staff
Report and the Proposed Ordinance with advice provided by the review committee established pursuant to Jefferson
County Ordinance 05-1218-17, an ordinance establishing a moratorium on commercial shooting facilities in
unincorporated areas of Jefferson County.
ANALYSIS:
Staff was given 120 days to submit a proposed shooting facility ordinance for existing and new commercial shooting
facilities within unincorporated Jefferson County to the Planning Commission if within its jurisdiction, or to the
Board of County Commissioners. Staff, with the assistance of the review committee, submitted a Staff Report and a
Proposed Ordinance to the BoCC at 5:00 PM on August 23, the last day of the 120 -day drafting period.
Staff would appreciate the opportunity to walk the BoCC through the Staff Report and the Proposed Ordinance for
their benefit and for the benefit of the public.
FISCAL IMPACT:
This request has no fiscal impact.
RECOMMENDATION:
That the Board of County Commissioners add a briefing on the Commercial Shooting Facility Staff Report and
Proposed Ordinance to the regular agenda on August 27, 2018.
I W BY•
Y/�
p Morl C Admmistrator Date
STAFF REPORT ON THE DRAFT COMMERCIAL
SHOOTING FACILITY ORDINANCE PREPARED
WITH INPUT FROM THE COMMERICAL
SHOOTING FACILITY REVIEW COMMITTEE
August 23, 20181
Mark McCauley, Director of Central Services
and Review Committee Chair
Michelle Farfan,
Associate Planner,
Department of Community Development
Philip C. Hunsucker,
Chief Civil Deputy Prosecuting Attorney
Minor revisions to this report were made on August 24, 2018. No changes to the draft ordinance were made.
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TABLE OF CONTENTS
INTRODUCTION..........................................................................................................................
4
THE MORATORIUM ORDINANCE...........................................................................................
5
DraftOrdinance Requested.........................................................................................................
5
Establishment of the Review Committee....................................................................................
5
Deadline for Submission of Product to the BoCC......................................................................
7
THE EXISTING REGULATORY FRAMEWORK......................................................................
7
Regulation of Shooting in Washington.......................................................................................
7
TheKitsap County Example.......................................................................................................
7
Two Types of Noise Regulations................................................................................................
8
WAC 173-60-060—Nuisance Regulations Not Prohibited......................................................
10
"Exempt Noise" Related to Shooting.......................................................................................
10
Adoption of Local Noise Ordinances.......................................................................................
1 I
Current Code on Shooting Ranges in Title 18 JCC (UDC) ......................................................
12
THE WORK OF THE REVIEW COMMITTEE.........................................................................
14
The Work Was Informed by Section 6.6 of the Moratorium....................................................
14
Meetings....................................................................................................................................
14
Tour of the Sportsmen's Association Shooting Range.............................................................
14
TopicsDiscussed......................................................................................................................
14
May9, 2018..........................................................................................................................
14
MayI6, 2018........................................................................................................................
14
May23, 2018........................................................................................................................
15
June6, 2018..........................................................................................................................
16
June13, 2018........................................................................................................................
17
June28, 2018 ........................................................................................................................
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July11, 2018.........................................................................................................................
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July19, 2018.........................................................................................................................
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July25, 2018.........................................................................................................................
20
AugustI, 2018......................................................................................................................
20
August8, 2018......................................................................................................................
20
August15, 2018....................................................................................................................
20
August17, 2018....................................................................................................................
20
Materials Reviewed by the Review Committee........................................................................
21
THE DRAFT ORDINANCE........................................................................................................
21
PA
Bases for the Ordinance.............................................................
Drafting Principles.....................................................................
Limitations of the Draft Ordinance ............................................
STAFF RECOMMENDATIONS..................................................
SEPA COMPLIANCE FOR THE NEW ORDINANCE ...............
CONCLUSION..............................................................................
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INTRODUCTION
This staff report presents the work of staff who worked with the Commercial Shooting Facility
Ordinance Review Committee (Review Committee) to provide the Jefferson County Board of
County Commissioners (BoCC) with a draft commercial shooting facility ordinance. To say the
least, the Review Committee and staff were faced with a difficult taskbalancing many factors
required by Ordinance No. 05-1218-17, an Ordinance Establishing a Moratorium on Commercial
Shooting Facilities in Unincorporated Areas of Jefferson County (Moratorium) and the limitations
in the law on regulation of the shooting and noise related to shooting in the State of Washington,
to develop a draft ordinance that satisfies the requirements in the Moratorium.
The draft ordinance is attached as Appendix 1 and adheres to the BoCC's findings in the
Moratorium that:
"[I]t 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."
"[C]ommercial 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."
• "[U]niform 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."
The draft ordinance has been informed by the experience and concerns of the Review Committee
and their active participation for many weeks—all in a public forum, where each meeting was
preserved on video that the public can readily review on Jefferson County's (the County)
AVCapture All system. The draft ordinance probably will not please everyone. Some probably
will say it goes too far and some probably will say it does not go far enough in the regulation of
existing and new commercial shooting facilities. To be sure, the draft ordinance is not perfect
documents borne of balancing interests seldom achieve perfection. However, the draft ordinance
being submitted with this staff report represents a well -crafted and balanced regulation of
commercial shooting facilities.
The draft ordinance is designed to withstand a legal challenge for at least the following reasons:
• There was an inclusive and open process designed by the BoCC in the Moratorium;
The draft ordinance is not directly regulating any particular facility, person or project,
despite the claims of some and the hopes of others; and,
Staff worked hard to rely on the BoCC's substantial health and safety powers as the basis
for the draft ordinance, as Kitsap County did in its successful defense of its own shooting
range ordinance.
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The draft ordinance relies on existing Jefferson County Code (JCC) in the areas of land use and
nuisance, without repeating requirements in existing code or attempting to change it. However,
this staff report also provides recommendations for possible changes to Chapter 8.70 JCC (Noise
Control) or Title 18 JCC (Unified Development Code).
THE MORATORIUM ORDINANCE
Draft Ordinance Requested
The Moratorium was established to allow for the development of
[A]n 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.
Moratorium, Section 1.
Establishment of the Review Committee
The Moratorium created a review committee to work with staff to develop a draft ordinance for
commercial shooting facilities in unincorporated areas of Jefferson County. Section 6.5 of the
Moratorium states:
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 districts2 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.
2 The boundaries of the Jefferson County Districts can be viewed in the County's GIS Portal at:
https:Hj effcowa.maps.arcgis.com/apps/MgpSeries/index.html?Upid=24535640c lba4d33bdce3c lfac7a5df4.
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The Review Committee included:
• J. Thomas (Tom) Richardson, representing District #l.
• Janet Welch, representing District 92.
• Riley Parker, representing District 93 and Tarboo Ridge Coalition member.
• Joe D'Amico, as land owner in Jefferson County, who also has experience with
commercial shooting facilities representing Fort Discovery, Inc.4 and Security
Services Northwest, Inc.,' At Large Member.
• John Minor, representing the Jefferson County Sportsmen's Association' Shooting
Range, the existing commercial shooting facility.
• Tim Cullinan, Point No Point Treaty Council,' Tribal Representative.
• Art Frank, Undersheriff, Sheriff's designee.
• Stuart Whitford, Environmental Health Director.
• Mark McCauley, Central Services Director, the Community Development
Department's designee and chair.
• Philip Hunsucker, Chief Civil Deputy Prosecuting Attorney, Prosecuting
Attorney's designee, ex -officio member.
• Clark Vargas, C. Vargas & Associates, LTD,' Consultant, ex -officio member.
• Michelle Farfan, Department of Community Development, supported the work of
the Committee as a Staff Resource.
The Review Committee included persons with diverse viewpoints about regulation of
shooting ranges in the County. The Review Committee sometimes engaged in spirited
discussions, but the discussions were always respectful of opposing viewpoints, even when
there were areas of disagreement.
Every person listed above participated actively and provided invaluable input to the
development of the draft ordinance.
The Review Committee has a web page' where information on the Review Committee can
be found, including agendas and documents considered by the Review Committee.
The Review Committee's work satisfied well the BoCC's finding in the Moratorium that
"resident and property owner input and careful analysis of the uniform requirements for
3 https://tarbooridgecoalition.org/.
4 https://www.fortdiscoveiyusa.com/.
'https://www.ssnwhg.co .
' http://www.jeffersoncountyssportsmen.org(. ("The Jefferson County Sportsmen's Association (JCSA) operates a
shooting range near the beautiful Victorian seaport town of Port Townsend, Washington. We're located on a 43 -acre
parcel at 112 Gun Club Road just south of the city and operate by special license with Jefferson County. The gun
club has been providing safe shooting sport activities since 1962 in the same location including Trap Shooting,
Pistol, Rifle and Archery.")
https://www.pLiptc.org/index.html.
s http://www.cvaltd.com/.
9 https://www.co.jefferson.wa.us/1291/Commercial-Shooting-Facility-Review-Comm.
no
commercial shooting facilities should be obtained before legislation imposing uniform
requirements on commercial shooting facilities can be adopted by the BoCC."
Deadline for Submission of Product to the BoCC
Section 6.6 of the Moratorium states: "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." The Review Committee was established on
April 25, 2018, so the deadline for submission of the draft ordinance is August 23, 2018.
The draft ordinance does not include land use provisions, so the Planning Commission's
jurisdiction for the draft ordinance is not implicated. However, staff have made recommendations
below for modifying Title 18 JCC (Uniform Development Code), which the BoCC may wish to
transmit to the Planning Commission.
THE EXISTING REGULATORY FRAMEWORK
Regulation of Shooting in Washington
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.
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. However, cities, towns, and counties or other municipalities may
enact only those laws and ordinances relating to firearms that are specifically authorized by state
law, as in RCW 9.41.300, and are consistent with this chapter.
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.
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 Washington Constitution to bear arms in defense of self or others.
The Kitsap County Example
In 2014, Kitsap County Passed Ordinance No. 515-2014 which added Article 2 to Chapter 10.25
of the Kitsap County Code (KCC).
The purpose of Article 2 was to: "provide for and promote the safety of the general public by
establishing a permitting procedure and rules for the development and operation of shooting range
facilities. The shooting range standards adopted herein are intended to protect and safeguard
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participants, spectators, neighboring properties and the public, while promoting the continued
availability of shooting ranges for firearm education, practice in the safe use of firearms, and
recreational firearm sports." KCC 10.25.060.
In 2017, the Court of Appeal upheld Article 2 of Chapter 10.25 KCC. Kitsap Gy. v. Kitsap Rifle
& Revolver Club, 1 Wash.App.2d 930, 405 P.3d 1026 (Wash. Ct. App. 2017), review denied, 190
Wash. 2d 1015, 415 P.3d 1198 (2018). Below are excerpts from the published opinion of the Court
of Appeal:
"Several factors support the conclusion that RCW 9.41.290 does not preempt KCC 10.25.
First, RCW 9.41.290 does not make any reference to the regulation of shooting facilities. In
addition, nothing in chapter 9.41 RCW pertains to shooting facilities. The multiple provisions
in that chapter primarily focus on the possession, delivery, sale, and use of firearms. There is
no indication that the legislature intended to preempt local ordinances requiring shooting
facilities to obtain operating permits." 1 Wash.App.2d at 406 (emphasis added).
• "Second, unlike Article 1 of KCC 10.25, Article 2 does not prohibit or expressly regulate the
discharge of firearms. Instead, the ordinance regulates `shooting facilities.' KCC 10.25.060
states that the purpose of KCC 10.25 is to `provide for and promote the safety of the general
public by establishing a permitting procedure and rules for the development and operation of
shooting range facilities."' Id. at 406-07 (emphasis added).
"Third, RCW 9.41.290 expressly acknowledges that local governments may enact laws and
ordinances relating to firearms as long as they are `authorized by state law... and are consistent
with this chapter.' As noted above, RCW 36.32.120(7) authorizes counties to `[m]ake and
enforce, by appropriate resolutions or ordinances, all such police and sanitary regulations as
are not in conflict with state law."' Id. at 407 (emphasis added).
• "Fourth, although the Club claims that the scope of RCW 9.41.290 is broad, the Supreme Court
cases addressing RCW 9.41.290 have limited the scope of preemption." Id. at 407-08
(emphasis added).
Two Types of Noise Regulations
There are two types of noise regulations:
1. Regulation of Noise Based on Maximum Noise Levels. Example: JCC 8.70.050(1):
All of the following are defined as "public nuisance noises":
1. Sound that originates from the property that exceeds the noise levels permitted by
Chapter 173-60 WAC (Maximum Environmental Noise Levels), as that chapter now
exists or as it may hereafter be amended.
WAG 173-60-040
Maximum permissible environmental noise levels.
(1) No person shall cause or permit noise to intrude into the property of another person which
noise exceeds the maximum permissible noise levels set forth below in this section.
(2)(a) The noise limitations established are as set forth in the following table after any applicable
adjustments provided for herein are applied.
EDNA OF EDNA OF
NOISE SOURCE RECEIVING PROPERTY
Class A Class B Class C
CLASS A 55 dBA 57 dBA 60 dBA
CLASS B 57 60 65
CLASS C 60 65 70
(b) Between the hours of 10:00 p.m. and 7:00 a.m. the noise limitations of the foregoing table
shall be reduced by 10 dBA for receiving property within Class A EDNAs.
(c) At any hour of the day or night the applicable noise limitations in (a) and (b) above may be
exceeded for any receiving property by no more than:
(i) 5 dBA for a total of 15 minutes in any one-hour period; or
(ii) 10 dBA for a total of 5 minutes in any one-hour period; or
(iii) 15 dBA for a total of 1.5 minutes in any one-hour period.
[Order 74-32, § 173-60-040, filed 4/22175, effective 911175.]
2. Regulation of Noise Based on Nuisance. Example: JCC 8.70.050(2)-(11):
All of the following are defined as "public nuisance noises":
(4) Between the hours of 10:00 p.m. and 7:00 a.m. Sunday through Thursday (example:
10:00 p.m. Sunday to 7:00 a.m. Monday) or between 11:00 p.m. and 7:00 a.m. on Friday
or Saturday (example: 11:00 p.m. Friday to 7:00 a.m. Saturday), any sound made by
persons or by use of a musical instrument, whistle, sound amplifier, portable audio
equipment, or other device, electronic or not, capable of producing or reproducing sound,
which sound emanates frequently, repetitively, or continuously from any social gathering,
building, structure, or property, such as sound originating from a band session, tavern or
bar operation, an indoor or outdoor social gathering, and where law enforcement
determines the volume of such sound is such that it can be clearly heard by a person of
normal hearing at a location which is (a) 150 feet or more from the source of the sound and
(b) not located on the property containing the source of the sound;
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(5) Sound from portable audio equipment, including that found in or as part of a motor
vehicle audio system, while traveling or parked in public streets, or in park areas,
residential and commercial zones, or any area where residences, schools, human service
facilities, or commercial establishments are in obvious proximity to the source of the sound,
and where the volume of such audio equipment is such that law enforcement determines it
can be clearly heard by a person of normal hearing at a distance of 150 feet or more from
the source of the sound; provided, however, that this section shall not apply to persons
operating portable audio equipment within a public park pursuant to an event sanctioned
by a responsible authority under valid permit or license;
(8) Sound from the discharge or use of any explosive device between the hours of 10:00
p.m. and 7:00 a.m.;
(11) Sound which law enforcement determines unreasonably disturbs or interferes with
the peace, comfort, and repose of one or more reasonable persons of normal hearing,
regardless of the distance between the source of the public nuisance noise and the
person(s) being unreasonably disturbed or annoyed. Under this subsection, a sound
meter reading is not necessary to establish that a public nuisance noise exists;
(12) Any other noise that is otherwise prohibited by state or federal law
WAC 173-60-060—Nuisance Regulations Not Prohibited
Nuisance regulations not prohibited.
Nothing in this chapter or the exemptions provided herein, shall be construed as
preventing local government from regulating noise from any source as a nuisance.
Local resolutions, ordinances, rules or regulations regulating noise on such a basis
shall not be deemed inconsistent with this chapter by the department.
"Exempt Noise" Related to Shooting
RCW 70.107.080 states:
Exemptions.
The [Department of Ecology] shall, in the exercise of rule-making power under this
chapter, provide exemptions or specially limited regulations relating to recreational
shooting and emergency or law enforcement equipment where appropriate in the
interests of public safety.
The [Department of Ecology] in the development of rules under this chapter, shall
consult and take into consideration the land use policies and programs of local
government.
JCC 8.70.060 states:
Exempt noises.
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Sounds originating from the sources listed here do not constitute a violation of this
chapter, are not "public nuisance noises" and are defined as an "exempt noise"
regardless of where or when they occur, unless otherwise noted.
(18) The lawful discharge of firearms;
(19) Sounds exempted under Chapter 173-60 WAC, as that chapter now exists or
as it may hereafter be amended.
(Emphasis added.)
Kitsap County v. Kitsap Rifle and Revolver Club, 184 Wash. App. 252, 280 (2014) states:
Sounds created by firearm discharges on authorized shooting ranges are exempt
from KCC 10.28.040 (maximum permissible environmental noise levels) and KCC
10.28.145 (public disturbance noises) between the hours of 7:00 AM and 10:00
PM. KCC 10.28.050. The Washington Department of Ecology also exempts sounds
created by firearms discharged on authorized shooting ranges from its maximum
noise level regulations. RCW 70.107.080; WAC 173-60-050(1)(b). The Code
broadly defines "firearm" as "any weapon or device by whatever name known
which will or is designed to expel a projectile by the action of an explosion,"
including rifles, pistols, shotguns, and machine guns. KCC 10.24.080(1). As a
result, the noise from the weapons being fired at the Club's range falls within the
noise exemption provisions of KCC 10.28.050, and thus is exempt from the
maximum permissible environmental noise levels and public disturbance noise
restrictions.
Adoption of Local Noise Ordinances
• WAC 173-60-110(2): "No ordinance or resolution of any local government which
imposes noise control requirements differing from those adopted by the department
shall be effective unless and until approved by the director [of the Department of
Ecology]."
• RCW 70.107.060: "Noise limiting requirements of local government which differ
from those adopted or controlled by the department shall be invalid unless first
approved by the [Department of Ecology]. If the [Department of Ecology] fails to
approve or disapprove standards submitted by local governmental jurisdictions
within ninety days of submittal, such standards shall be deemed approved."
JCC Exempts the Lawful Discharge of Firearms from its Noise Ordinance
In 2014, Jefferson County adopted Chapter 8.70 JCC (Noise Control), amidst significant public
comment. The noise ordinance first proposed by staff was significantly revised after public
comment and testimony was received.
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Currently, JCC 8.70.060(18) exempts from its regulation: "The lawful discharge of firearms."
(Emphasis added.)
Current Code on Shooting Ranges in Title 18 JCC (UDC)
JCC 18.20.350(8) states:
Outdoor Shooting Ranges. Outdoor shooting ranges are subject to the following
standards:
(a) They shall be located, designed, constructed and operated to prevent the
likelihood of discharge of ammunition beyond 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 ranges; Articles 1, 2, and 3 of the safety
recommendations for outdoor shooting ranges shall be used as minimum guidelines
in the design and construction of shooting ranges;
(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;
(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 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 outdoor archery range used by an
organization, minimum lot 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;
(g) A minimum location of 500 feet is required from any occupied dwelling other
than the dwelling of the owner;
(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 noise factors and may prescribe additional
conditions with respect thereto.
This code provision relates to "small-scale recreational and tourist uses," discussed in JCC
18.20.350(1):
Small-scale recreational and tourist uses rely on a rural location and setting and
provide opportunities to diversify the economy of rural Jefferson County by
utilizing the county's abundant recreational opportunities and scenic and natural
12
amenities in an environmentally sensitive manner consistent with the rural
character of the county. Upon approval pursuant to this code, these types of uses
may be conducted in the land use districts specified in Table 3-1 in
JCC 18.15.040 and as provided for in small-scale recreation and tourist (SRT)
overlay districts under JCC 18.15.572.
Table 3-1 authorizes outdoor shooting ranges under a conditional use permit in Commercial
Forrest (CF), Rural Forest (RF) and Inholding Forest (IF) zones only.
JCC 18.10.190 S has the following definitions:
"Small-scale" means of a size or intensity which has minimal impacts on the
surrounding area and which makes minimal demands on the existing
infrastructure.
"Small-scale recreation or tourist uses" means those isolated uses which are
leisure or recreational in nature; are reliant upon a rural setting or location; do not
include any new residential development beyond that allowed in the underlying
land use district; and otherwise meet the performance standards in JCC 18.20.350.
See RCW 36.70A.070(5)(d)(ii).
RCW 36.70A.070(5)(d)(ii) refers to the Rural Element of the Comprehensive Plan and
states:
(5) Rural element. Counties shall include a rural element including lands
that are not designated for urban growth, agriculture, forest, or mineral resources.
The following provisions shall apply to the rural element:
(d) Limited areas of more intensive rural development. Subject to the
requirements of this subsection and except as otherwise specifically provided in
this subsection (5)(d), the rural element may allow for limited areas of more
intensive rural development, including necessary public facilities and public
services to serve the limited area as follows:
(ii) The intensification of development on lots containing, or new
development of, small-scale recreational or tourist uses, including commercial
facilities to serve those recreational or tourist uses, that rely on a rural location and
setting, but that do not include new residential development. A small-scale
recreation or tourist use is not required to be principally designed to serve the
existing and projected rural population. Public services and public facilities shall
be limited to those necessary to serve the recreation or tourist use and shall be
provided in a manner that does not permit low-density sprawl.
There is no provision in Title 18 JCC for indoor shooting ranges.
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THE WORK OF THE REVIEW COMMITTEE
The Work Was Informed by Section 6.6 of the Moratorium
Section 6.6 of the Moratorium guided the work of the Review Committee:
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 Review Committee diligently followed this direction from the BoCC.
Meetings
The Review Committee met fifteen times, usually for 3 or more hours, in the BoCC's Chambers
on May 9, 2018, May 16, 2018, May 23, 2018, June 6, 2018, June 13, 2018, June 20, 2018, June
28, 2018, July 11, 2018, July 19, 2018, July 25, 2018, August 1, 2018, August 8, 2018, August 15,
2018, August 17, 2018 and August 23, 2018. All the meetings of the Review Committee can be
viewed on the County's AVCapture All system.
Tour of the Sportsmen's Association Shooting Range
The Review Committee toured the JCSA commercial shooting facility on May 16, 2018.
Topics Discussed
May 9, 2018
• Open Public Meeting Act and Public Records Act compliance
• Mission of the Review Committee
• Potential Impacts of Commercial Shooting Facilities
May 16, 2018
Potential Impacts of Commercial Shooting Facilities, Including:
• Indoor Shooting Facility Potential Impacts, including lead exposure
• Outdoor Shooting Facility Potential Impacts, including:
o Tribal treaty rights
o Ground water quality
o Surface water quality
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o Aquifer recharge areas
o Wetlands
o Critical areas
o Lead exposure
May 23, 2018
• Continued Discussion of Potential Impacts of Commercial Shooting Facilities:
o Public Health/Safety.
o Environmental.
o Economic:
■ Property values
■ Jobs
■ Increased tax base:
➢ Construction sales tax
➢ Ongoing sales tax
➢ New construction - property tax
➢ Real Estate Excise Tax (REET)
■ Need for increased code enforcement
■ Quality of life
■ Tourism
• Methods for Identifying/Mitigating Impact of Commercial Shooting Facilities:
o Public Health/Safety:
■ Stray bullets - outside the facility, neighbors. Mitigation: SEPA Checklist,
License Agreement.
■ Patron safety. Mitigation: License Agreement
■ Lead exposure. Mitigation: SEPA Checklist, License Agreement.
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■ Long term noise exposure. Mitigation: SEPA Checklist, License
Agreement.
■ Licensed Range helps minimize random shooting in the County.
■ Better trained shooters.
■ Supervision. Mitigation: License Agreement.
■ Emergency protocols. Mitigation: License Agreement.
■ Light pollution. Mitigation: SEPA Checklist, License Agreement.
o Environmental:
■ Water quality. Mitigation; SEPA Checklist, License Agreement, state
surface and ground water standards.
■ Soil contamination. Mitigation: SEPA Checklist, License Agreement,
Model Toxics Control Act.
■ Air pollution - onsite and offsite. Mitigation: SEPA Checklist, License
Agreement, ORCAA
■ Historic/cultural preservation. Mitigation: SEPA Checklist.
■ Light pollution. Mitigation: SEPA Checklist, License Agreement.
■ Noise. Mitigation: SEPA Checklist, License Agreement.
■ Traffic. Mitigation: SEPA Checklist, License Agreement, Public Works
and or WSDOT.
■ Wildlife - endangered species. Mitigation: SEPA Checklist.
■ Adjacent uses - recreational facilities. Mitigation: SEPA Checklist.
o Economic
o Land use
o Operating Permits
June 6, 2018
• The key finding in the Moratorium "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 ...."
16
• Review and evaluation of the impact mitigation effectiveness of the Kitsap County Gun
Range Ordinance, No. 515-2014.
• The Moratorium does not require that any proposed or adopted ordinance:
o Require that only Jefferson County residents can use the facilities;
o Prohibit tourists or other county residents from using the facilities;
o Limit law enforcement use to only local County, City and Tribal officers;
o Specifically exclude the "Military, Para -military, others;"
o Require only amateur recreational firearm sports shooting;
o Exclude "Professional Tactical Firearms" shooting; or,
o Identify who the shooting facilities are for.
June 13, 2018
• Request for Progress Report to BoCC.
• Review draft commercial shooting facility ordinance prepared by county staff, based on
the Kitsap County Gun Range Ordinance, No. 515-2014.
• Review draft partial commercial shooting facility ordinance prepared by Janet Welch,
suggesting a more logical organization of the draft ordinance, than the other shooting range
ordinances passed by other municipal entities.
June 20, 2018
• Review of proposed modified definitions in the current draft of the ordinance.
• Discussion of the 5 -year renewal provision in the Kitsap County Gun Range Ordinance,
No. 515-2014:
o Is it fair?
o Does it work for Jefferson County?
o What is the alternative?
■ More regular inspections?
■ Regular monitoring including reporting of data by the CSF?
■ Other ideas?
17
June 28, 2018
Continued review of the draft ordinance, especially the operating permit requirement.
July 11, 2018
• Possible standards for the draft ordinance, including:
1. The NRA Range Source Book published by the National Rifle Association (2012 is
the most recent version and the County has a hard copy);
2. 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;
3. USEPA Region 2 in its 2005 publication entitled Best Management Practices for
Outdoor Shooting Ranges;
4. WAC 296-62-075221 (limiting occupational exposures to lead);
5. Chapter 173-60 WAC (maximum environnemental noise levels) ; and,
6. Chapter 8.70 JCC (Noise Control).
• Definitions or standards from the JCC, including:
1. "Buffer zone" has the same meaning as in JCC 18.10.10 B. 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.
2. "Critical areas" mean critical areas described in Chapter 18.22 JCC.
3. 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.
4. "Law enforcement officer" means "law enforcement" officer as defined in RCW
9.41.010(12) and "qualified law enforcement officer" as defined in 18 U.S.C. Section
928B(c) as they now exists or are hereafter amended.
5. "Person" means person as that term is defined in RCW 1. 16.080 as it now exists or
hereafter is amended.
6. Legal nonconforming use status and rights of existing ranges: Title 18 JCC.
7. Expansion of shooting range uses which otherwise require approval pursuant to a
conditional use permit or other land use permits: Title 18 JCC.
IN
8. Approval criteria for conditional use permits: JCC 18.40.530.
• Limitations addressing the lack of intended impact on other provisions of law listed in the
then current draft ordinance, including that the ordinance shall not 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 (No Shooting Areas). 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 the discharge of tracer or incendiary ammunition at any commercial shooting
facility.
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.
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), 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 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 Title 18 JCC, as they now exist or
hereafter may be amended.
19
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 ruling that a commercial shooting
facility has been found to create a public nuisance, requiring additional noise,
environmental or safety controls as a condition of continuing an operation of a
commercial shooting facility.
Importantly, many of the items in this list are likely to be of concern to persons interested
in this draft ordinance are covered elsewhere in the JCC or are the province of regulation
by other federal or state agencies.
• Possible Structure and Contents of the Operating Permit Application.
July 19, 2018
• Further discussion of standards and limitations.
• Continue review, discussion and revision of the draft commercial shooting facility
ordinance.
July 25, 2018
Review, discussion, and revision of next draft ordinance (version 6).
August 1, 2018
Review, discussion, and revision of next draft ordinance (version 7).
August 8, 2018
• Review, discussion, and revision of next draft ordinance (version 9).
• Discussion of the statutes and ordinances on shooting and noise. A copy of the PowerPoint
presentation used for discussion is at Appendix 2.
August 15, 2018
Review, discussion, and revision of next draft ordinance (version 11).
August 17, 2018
Review, discussion, and revision of next draft ordinance (version 13).
20
Materials Reviewed by the Review Committee
The materials reviewed by the Review Committee included:
• The Moratorium
• Cowlitz County Shooting Ordinance
• Gig Harbor Shooting Ordinance
• Kitsap County Shooting Ordinance
• JCC Code Sections Dealing with Shooting Ranges
• JCC Land Use Table
• Jefferson County Zoning Map
• Jefferson County No Shooting Area Map
• Jefferson County SCSA License and Operating Agreement
• List of Government SCSA Users
• Aerial Photo - SCSA
• Chapter 8.50 JCC (No Shooting Areas)
• Chapter 8.70 JCC (Noise Control)
• Laidlaw et al. - Lead exposure at firing ranges - a review
• SEPA Checklist in WAC 197-11-960
• The NRA Range Source Book published by the National Rifle Association (2012 is the
most recent version and the County has a hard copy)
• 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
• USEPA Region 2 in its 2005 publication entitled Best Management Practices for Outdoor
Shooting Ranges
• WAC 296-62-075221 (limiting occupational exposures to lead)
• Chapter 173-60 WAC (maximum environnemental noise levels)
THE DRAFT ORDINANCE
Bases for the Ordinance
Kitsap County adopted a shooting range ordinance, Article 2, Chapter 10.25 Kitsap County Code
that recently was upheld at the court of appeal in Kitsap Cty. v. Kitsap Rifle & Revolver Club, 1
Wash.App.2d 393, 405 P.3d 1026 (Wash. Ct. App. 2017), review denied, 190 Wash. 2d 1015, 415
P.3d 1198 (2018). The Kitsap County Ordinance is attached as Appendix 3.
According to the Kitsap County Ordinance itself:
The purpose of this article is to provide for and promote the safety of the general
public by establishing a permitting procedure and rules for the development and
operation of shooting range facilities. The shooting range standards adopted herein
are intended to protect and safeguard participants, spectators, neighboring
properties and the public, while promoting the continued availability of shooting
ranges for firearm education, practice in the safe use of firearms, and recreational
firearm sports.
21
See Kitsap County Code Section 10.25.060 (emphasis added)
In developing its shooting range ordinance, Kitsap County avoided land use issues and focused on
health and safety issues, because the state legislature has given counties broad authority to adopt
regulations that promote health and safety. Generally, reasonable health and safety regulations
have passed muster in the state and federal courts. Land use, on the other hand, is connected to
property rights which have a higher level of protection under state and federal law.
Kitsap County's choice proved wise because its shooting range ordinance was upheld on the basis
of Kitsap County's strong interest in public health and safety. KCC 10.25.070(21) defines
"shooting facility" as a site having one or more shooting ranges, and KCC 10.25.070(22) defines
"shooting range" as a place designated for the safe "discharge of firearms." "RCW 36.32.120(7)
authorizes counties to `[m]ake and enforce, by appropriate resolutions or ordinances, all such
police and sanitary regulations as are not in conflict with state law.' Therefore, KCC 10.25's
requirement that a shooting facility obtain an operating permit is an exercise of the County's police
power that is authorized under state law. Kitsap Cty. v. Kitsap Rifle & Revolver Club, 1
Wash.App.2d at 407. "And the required standards for shooting facilities primarily involve
measures designed to make the discharge of firearms safe. KCC 10.25.090(4)." Id. (emphasis
added.)
Drafting Principles
These are the main drafting principles followed in preparing the draft ordinance:
1. The ordinance should provide one standard for all commercial shooting facilities
existing and new. Reasons:
a. The Moratorium requires one standard. See Sections 1 and 7 (through the last
"Whereas clause").
b. Not doing so may result in a claim that an arbitrary and unfair competitive advantage
is given to existing or new commercial shooting facilities.
2. The ordinance should require an operating permit issued pursuant to an application that is
reviewed and certified by a professional shooting range designer. Reason: The County
does not possess sufficient expertise in the siting and operation of commercial shooting
ranges, as evidenced by its selection of a professional to assist the Review Committee.
Notably, this was an approach used by Kitsap County in its shooting range ordinance.
3. The ordinance should adopt generally accepted BMPs for lead at commercial shooting
ranges. Reason: The Moratorium requires environmental protection.
4. The ordinance should not regulate where other federal, state or local agencies already are
responsible for that regulation. Reason: The County lacks the expertise and resources to
enforce another agency's regulation.
5. The ordinance should not repeat language already covered in other portions of the JCC.
Reason: There is a great potential for inconsistency in repeating language from other
22
portions of the JCC, which would create the potential for application and enforcement
difficulties.
6. There should be a hearing examiner review/appeal process. Reasons:
a. Takes politics out of decisions on the operating permit.
b. Reduces litigation risks.
7. The ordinance should not regulate land use. Reasons:
a. Consistent with Drafting Principle 1, there is a potential to create regulatory
inconsistency.
b. Land use regulation in the JCC and the State Environmental Policy Act (SEPA)
require significant protections related to siting a commercial shooting facility. In
particular, the SEPA checklist mandated by state law and the JCC requires mitigation
of noise for siting any facility. A copy of the SEPA checklist is attached as Appendix
4.
c. There is an unnecessary risk of increasing the time and cost of implementing the
ordinance. The County's power in creating health and safety regulations is
significant and unhampered by the potential application of the vested rights doctrine
in land use. While the applicability of this doctrine has been severely limited in
recent years by Washington courts,10 it remains a source of potential liability,
particularly with respect to attorney's fees exposure.
Limitations of the Draft Ordinance
The draft ordinance does not delve into land use in Title 18 JCC or seek to revise the noise
standards in Chapter 8.70 JCC (Noise Control).
Staff believes the current conditional use permit process in Title 18 JCC, along with the SEPA
process is the best way to deal with facility siting issues. In particular, SEPA will require
mitigation of noise before any new commercial shooting facility can be built. Further, the
approval criteria for all conditional uses contained in Title 18 JCC require, among other things,
that: "The conditional use will not introduce noise, smoke, dust, fumes, vibrations, odors, or other
conditions or which unreasonably impact existing uses in the vicinity of the subject parcel." JCC
18.40.530(d). "`Vicinity' means, in rural and resource lands, the area generally within one -mile
of the exterior boundary of a given parcel." JCC 18.10.220 V. The draft ordinance also would
adopt a one -mile requirement. See proposed JCC 8.50.240(1)(h) and JCC 8.50.270(3) in the draft
ordinance.
10 See, for example, Snohomish Cty. v. Pollution Control Hearings Bd., 187 Wash. 2d 346, 363-4 (2016), as
amended (May 2, 2017), reconsideration denied (May 10, 2017), Erikson & Assoc., Inc. v. McLerran, 123 Wash.2d
864, 868 (1994), Abbey Rd. Grp., LLC v. City of Bonney Lake, 167 Wash. 2d 242, 251 (2009), Town of Woodway v.
Snohomish Cty., 180 Wash. 2d 165, 173 (2014), Potala Vill. Kirkland, LLC v. City of Kirkland, 183 Wash. App.
191, 203-4, 210 (2014) review denied, 182 Wash.2d 1004 (2015).
23
STAFF RECOMMENDATIONS
Staff makes the following recommendations:
1. Set a hearing date and receive public comment on the attached draft ordinance.
2. Revise Title 18 JCC to make it consistent with the draft ordinance;
3. Revise current Chapter 8.50 JCC (No Shooting Areas) to allow for indoor commercial shooting
facilities in no shooting areas.
4. Consider directing staff to submit a draft ordinance, suggesting proposed revisions to Title 18
JCC to the Planning Commission for its consideration to:
a. Approve the use of indoor commercial shooting facilities in any zone that complies with
the new commercial shooting facility ordinance. A definition of indoor commercial
shooting facility that incorporates the definition in the new commercial shooting facility
ordinance should be added to Title 18.
b. Modify Table 3-1 in Title 18 to be consistent with the new commercial shooting facility
ordinance. For example, "outdoor shooting ranges" used in Table 3-1 should be modified
to be consistent with the new commercial shooting facility ordinance, while preserving
their limitations for uses in effect before adoption of the new commercial shooting facility
ordinance.
Modify JCC 18.20.350(8) for small-scale recreation and tourist uses and other provisions
of Title 18 JCC to be consistent with the new commercial shooting facility ordinance, while
preserving their limitations for uses in effect before adoption of the new commercial
shooting facility ordinance. For example, in addition to JCC 18.20.350(81 the term
"outdoor shooting ranges" is used in Table 3-1 to identify the zones where such facilities
are permitted.
d. Add definitions to Title 18 JCC needed for consistency with the new commercial shooting
facility ordinance. For example, a definition of commercial shooting facility that
incorporates the definition in the new commercial shooting facility ordinance should be
added to Title 18.
e. Modify current definitions in Title 18 JCC needed for consistency with the new commercial
shooting facility ordinance. For example, the definitions of "outdoor shooting range" and
"shooting range" in Title 18 should be modified to be consistent with the new commercial
shooting facility ordinance.
5. Consider directing staff to submit a draft ordinance with proposed revisions to Chapter 8.70
JCC (Noise Control) that harmonize Chapter 8.70 JCC with the new commercial shooting
facility ordinance and to reduce the burden on the Sheriffs office for false reports, as is also
addressed in the draft ordinance. For example, a new exemption should be added to JCC
8.70.060 for commercial shooting facilities that are in compliance with their operating permit
or provisional operating permit issued pursuant to the new commercial shooting facility
24
ordinance. If revisions are adopted to Chapter 8.70 JCC, the revisions must be submitted to
the Washington Department of Ecology for approval. However, a the categorical exemption
under for noise ordinances is limited by WAC 197-11-800(21), which states: "The adoption
by counties/cities of resolutions, ordinances, rules or regulations concerned with the control of
noise which do not differ from regulations adopted by the department of ecology under
chapter 70.107 RCW. When a county/city proposes a noise resolution, ordinance, rule or
regulation, a portion of which differs from the applicable state regulations, SEPA
compliance may be limited to those items which differ from state regulations." (Emphasis
added.) Categorical exemptions exempt proposed actions from the SEPA threshold
determination and EIS requirements, subject to the rules and limitations on categorical
exemptions contained in WAC 197-11-305.
6. Consider, but do not adopt, a provision modified from Kitsap County's KCC 10.25.020, which
states:
"The discharge of firearms is prohibited within five hundred yards of any shoreline in the
unincorporated areas of Kitsap County." and "The discharge of firearms in the
unincorporated areas of Kitsap County is further prohibited in the following instances:
(2)(e) further states "Within five hundred yards of the following lakes located, in whole or
part, in unincorporated areas of Kitsap County: Long Lake, Kitsap Lake, Wildcat Lake,
Panther Lake, Mission Lake, Tiger Lake, William Symington Lake, Tahuya Lake, Island
Lake, Horseshoe Lake, Carney Lake, Wye Lake, Buck Lake, Fairview Lake and Bear
Lake."
Notably, KCC 10.25.020 is in Article 1 (No Shooting Areas) of Chapter 10.25 KCC
a. Before the dissemination of a draft of this staff report, the Tarboo Ridge Coalition (through
Riley Parker) proposed a provision modeled on KCC 10.25.020. When it was pointed out
in a draft of this staff report that a proposal like KCC 10.25.020 would be beyond the scope
of the work of the Review Committee because it would not be limited to commercial
shooting facilities, on August 23, 2018, the Tarboo Ridge Coalition, changes its proposal
to request that the BoCC add to Title III of Chapter 8.50 JCC (Commercial Shooting
Facilities) a prohibition on "the discharge of firearms at a commercial shooting facility
within five hundred yards of any shoreline, in the unincorporated areas of Jefferson County
and specifically Public Lakes: Anderson Lake, Gibbs Lake, Horseshoe Lake, Leland Lake,
Ludlow Lake, Sandy Shore Lake, Silent Lake, Tarboo Lake, Teal Lake and Yahoo Lake."
(Emphasis added.)
b. While the revised proposal is no longer outside the scope of work of the Review
Committee, staff believes such a provision would be:
Unnecessary for safety purposes, as the draft ordinance would not allow shooting
ranges to point toward a shoreline;
ii. Difficult to explain as reasonable because it would allow tribal hunters exercising their
treaty rights and non -tribal hunters hunt waterfowl to shoot in those same areas without
the protections afforded by the new ordinance; and,
25
iii. Likely to result in a costly legal challenge to the ordinance that, even if not succeessful,
which would delay implementation of the new ordinance. If successful, a legal
challenge potentially could subject the County to liability under Chapter 64.40 RCW
or 42 U.S.C. Section 1983, including reasonable attorney's fees and costs.
SEPA COMPLIANCE FOR THE NEW ORDINANCE
WAC 197-11-800(13)(c) categorically exempts" business and other regulatory licenses
including: "All licenses required under electrical, fire, plumbing, heating, mechanical, and
safety codes and regulations, but not including building permits." (Emphasis added.) The draft
ordinance probably qualifies as a safety code or regulation.
WAC 197-11-800(19) categorically exempts: "The proposal, amendment or adoption of
legislation, rules, regulations, resolutions or ordinances, or of any plan or program shall be
exempt if they are:
(a) Relating solely to governmental procedures, and containing no substantive standards
respecting use or modification of the environment.
(b) Text amendments resulting in no substantive changes respecting use or modification
of the environment."
(Emphasis added.) The requirements in the draft ordinance for an environmental plan require
the development of best management practices (BMPs) for compliance with existing law with
respect to the environment:
Each commercial shooting facility operator shall develop and submit an
environmental plan with the following minimum requirements:
(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 later 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 later 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:
" Again, categorical exemptions exempt proposed actions from the SEPA threshold determination and EIS
requirements, subject to the rules and limitations on categorical exemptions contained in WAC 197-11-305.
26
A plan for compliance with requirements under existing law 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 consistent with existing law for addressing any
remediation of hazardous substances or hazardous waste. (Emphasis added.) Thus,
the requirement of an environmental plan in the draft ordinance does not set
substantive environmental standards.
(e) For the avoidance of doubt, this article neither seeks to set nor does it set any
substantive environmental standards, including but not limited to standards for
any hazardous substance or hazardous waste, including but not limited to lead.
Based on these exemptions, the draft ordinance likely is categorically exempt from a SEPA
threshold determination or any environmental documentation.
CONCLUSION
The Review Committed and staff worked diligently to provide the draft ordinance to the BoCC
on time. If there are questions, they should be directed to Mark McCauley and Philip
Hunsucker.
27
APPENDIX I
Appendix 1
Draft Commercial Shooting Facility Ordinance Prepared with the Assistance of the Review Committee
and Transmitted to the Board of County Commissioners on August 23, 2018
COUNTY OF JEFFERSON
STATE OF WASHINGTON
An Ordinance on Commercial Shooting Facilities } ORDINANCE NO.
in 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 Washington 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 Jefferson 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 commercial
shooting facility 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,
WHEREAS, public complaints about lack of safety and land use compatibility issues
arising from the operation of commercial shooting facilities in unincorporated Jefferson County
1 City of Seattle v. Montana, 129 Wash.2d 583,591-92 (1996).
1 of 38
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, on December 18, 2017, the BoCC adopted Ordinance No. 05-1218-17, an
Ordinance Establishing a Moratorium on Commercial Shooting Facilities in Unincorporated Areas
of Jefferson County (the Moratorium); 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, as required by the work plan in Section 6 of the Moratorium and with the
assistance of the Review Committee established by the Moratorium staff timely has provided to
the BoCC a draft ordinance for consideration; and,
WHEREAS, the BoCC has held a hearing and has received public comment on the draft
ordinance proposed by staff that was prepared with the assistance of the Review Committee; and,
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WHEREAS, in response to the public comment and testimony, additional improvements
to the draft ordinance have been made,
NOW, THEREFORE, be it ordained by the BoCC as follows:
Section 1. Modification of Chapter 8.50 JCC.
a. Chapter 8.50 JCC shall be renamed from "No Shooing Areas" to "Shooting in the County."
b. Article I, Chapter 8.50 JCC shall be renamed from "Establishment Procedures" to
"Establishment Procedures for No Shooting Areas."
C. Article II, Chapter 8.50 JCC shall be renamed from `Boundary Descriptions" to `Boundary
Descriptions for No Shooting Areas."
d. JCC 8.50.020 shall be amended to add a new subsection (5) exception as follows: (5) The
operation of an indoor commercial shooting facility which has obtained an operating permit
or provisional operating pursuant to Article III of Chapter 8.50 JCC.
e. JCC 8.50.020 shall be amended to add a new subsection (6) exception as follows: (6) The
operation of a commercial shooting facility sited in accordance with Title 18 JCC that has
an operating permit or a provisional operating permit issued pursuant to Article III, of
Chapter 8.50 JCC.
f. The exception in JCC 8.50.020(5) shall be amended to become JCC 8.50.020(7) and shall
then state: (7) The continued operation of legally established private or public gun club
facilities that are not commercial shooting facilities as defined in Article III of Chapter 8.50
JCC, and which were established and operating prior to the enactment of the no shooting
area ordinance or the development of outdoor ranges constructed in compliance with JCC
18.20.350(8).
g. The definition of "firearm" in JCC 8.50.40 shall be changed to:
"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. 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. 021(a)(2).
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h. Wherever the words "this chapter" appears in Article I or Article II of JCC 8.50 when not
preceded by the words "Article I," these words shall be changed to "articles I and II of this
chapter." Without limitation, this change shall be made in JCC 8.50.010, JCC 8.50.030,
JCC 8.50.060(1), JCC 8.50.070, and JCC 8.50.080.
Consistent with the above, Chapters I and 11 of Chapter 8.50 JCC shall be amended as
shown in Appendix A.
Article III of Chapter 8.50 JCC shall be added as set forth in Appendix B.
Section 2. Conflicts with JCC. 18.20.350(8). If any provision of this article conflicts with JCC
18.20.350(8), the provisions of this article shall prevail.
Section 3. Effect on the Moratorium. The moratorium is continued pending completion of the
Planning Commission consideration of proposed changes to Title 18 JCC and BoCC consideration
of changes to Article 2, Chapter 8.50 JCC (No Shooting Areas) and Chapter 8.70 JCC (Noise
Control).
Section 4. Duration of the Moratorium. Unless subsequently extended by the BoCC pursuant to
state law, the moratorium adopted by Ordinance No. 05-1218-17 shall remain in effect not longer
than one year from its adoption, consistent with the work plan detailed in Section 6 of Ordinance
No. 05-1218-17.
Section 5. Findings. The BoCC hereby adopts the above recitals (the "WHEREAS" statements)
as its findings of fact in support of this Ordinance.
Section 6. 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.
Section 7. Effective Date. This ordinance is effective immediately upon adoption.
(SIGNATURES FOLLOW ON NEXT PAGE)
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ADOPTED this day of 2018, at a.m.
SEAL:
ATTEST:
Carolyn Gallaway,
Deputy Clerk of the Board
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JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
David Sullivan, Chair
Kathleen Kler, Member
Kate Dean, Member
APPROVED AS TO FORM:
Philip C. Hunsucker, Date
Chief Civil Deputy Prosecuting Attorney
Sections:
APPENDIX A
[Modifications to Current Articles I and 11 of Chapter 8.50 JCCj
Chapter 8.50
NO S140OT-ING ARE. SHOOTING IN THE COUNTY
Article I. Establishment Procedures for No Shooting Areas
8.50.010
Purpose.
8.50.020
Exemptions.
8.50.030
Prohibited.
8.50.040
Firearms defined.
8.50.050 Creation, alteration or dissolution of a no shooting area.
8.50.060 Violations — Misdemeanors — Penalty — Arrest.
8.50.070 Enforcement officers and procedures.
8.5 0.0 8 0 Interpretation.
Article IL Boundary Descriptions for No Shooting Areas
8.50.100 Kala Point.
8.50.110 Port Ludlow.
8.50.120 Brinnon — Black Point.
8.50.130
Brinnon.
8.50.140
Brinnon — Triton Cove.
8.50.150
Brinnon — Olympic Canal Tracts.
8.50.160
South Coyle Peninsula.
8.50.170
Paradise Bay.
8.50.180
Chimacum Creek.
8.50.190 Tala Shore.
8.50.200 Ocean Grove.
Article I. Establishment Procedures for No Shooting Areas
8.50.010 Purpose.
The purpose of articles I and II of this chapter is to establish a process for the establishment,
alteration, or dissolution of "no shooting" areas in unincorporated Jefferson County and to
provide regulation of the discharge of firearms in such areas as provided in articles I and II of
this chapter. The creation of a no shooting area shall be considered in accordance with RCW
9.41.300(2)(a) wherein counties are authorized to enact laws and ordinances restricting the
discharge of firearms "where there is a reasonable likelihood that humans, domestic animals, or
property may be jeopardized." County officials shall endeavor to facilitate solutions within
communities to resolve concerns leading to petitions for no shooting areas. Areas considered for
creation, alteration, or dissolution of a no shooting area shall be considered on an individual
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basis to adequately assess the motivation for the proposal and to resolve existing differences
regarding an area. Creation of a no shooting area must be realistically enforceable in the area
designated. [Ord. 2-07 § 1]
8.50.020 Exemptions.
The designation of a no shooting area shall continue to allow:
(1) The use of firearms by citizens pursuant to RCW 16.08.020 regarding dogs, or other animals,
endangering livestock.
(2) The lawful use of a firearm by a law enforcement officer in the performance of their duties.
(3) The use of firearms to lawfully slaughter farm animals.
(4) The lawful use of force by citizens.
(5) The operation of an indoor commercial shootingfacility which has obtained an operating
permit or provisional operating pursuant to Article III of Chapter 8.50 JCC.
(6) The operation of a commercial shootingfacility sited in accordance with Title 18 JCC that
has an operatingpermitor a provisional operatingpermitissued pursuant to Article III, of
Chapter 8.50 JCC.
(�)Q The continued operation of legally established private or public gun club facilities or
commercial shooting ranges that are not commercial shooting facilities as defined in Article III
of Chapter 8.50 JCC, and which were established and operating prior to the enactment of the no
shooting area or the development of outdoor ranges constructed in compliance with JCC
18.20.350(8). [Ord. 2-07 § 2]
8.50.030 Prohibited.
It is unlawful for any person to discharge any firearm or to propel from any portion of Jefferson
County any projectile discharged from any firearm across, in or into a no shooting area
established by Jefferson County. Articles I and II of Tthis chapter shall not abridge the right of
the individual guaranteed by Article I, Section 24 of the State Constitution to bear arms in
defense of self or others. [Ord. 2-17; Ord. 2-07 § 3]
8.50.040 Firearms defined.
'Tir-eaiqn," as tised in this ehapter-, shall be defined as any deviee that fifes of disehafges-a
pistols, evelvefs, shotgtins and fifles [Ofd. 2 47-§44 "Firearm" means a weapon or device from
which a projectile or projectiles may be fired b,. a�plosive 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. 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. Section 921(a)(2).
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8.50.050 Creation, alteration, or dissolution of a no shooting area.
(1) The process for the creation, alteration, or dissolution of a no shooting area can be initiated in
accordance with RCW 9.41.300, wherein counties are authorized to enact laws and ordinances
restricting the discharge of firearms "where there is a reasonable likelihood that humans,
domestic animals, or property may be jeopardized," by either:
(a) A petition filed by residents containing the signatures of at least 20 elector -residents of each
voting precinct in the area under consideration; or
(b) A majority vote of the board of county commissioners.
(2) Petitions or requests for the creation of a no shooting area or to alter or dissolve an existing
no shooting area by the Jefferson County board of commissioners shall be filed with the clerk of
the board of county commissioners. The petition or request must be based on a definable threat
to the public health, safety or general welfare.
(3) The petition or request must include a legal description of the proposed boundaries with: a
map showing the proposed area, a written statement explaining the reasons for the petition, and a
statement, where applicable, of reported incidence involving firearms in the petition area.
(4) After petition signatures have been verified by the Jefferson County auditor -elections and the
board of county commissioners finds the petition warrants consideration, the county
commissioners shall hold a public hearing regarding the petition or may choose to facilitate an
amicable solution within the proposed area or may assign a review committee to consider the
merit of the petition specific to the area under consideration. The county commissioners may
have the review committee consider the petition before establishing a date for the public hearing.
Treaty tribes will be contacted by the county to identify any concerns and invite their
participation.
(a) The review committee shall consist of.
(i) The county sheriff or his designee.
(ii) The director of the department of community development, or his designee.
(iii) Three residents -at -large to be appointed by the county commissioners.
(iv) At least one representative of tribal interests will be invited.
(v) Representative stakeholders from the petition area as determined by the county
commissioners, with the goal of including persons from all sides of any contended or
questionable issue.
(b) The review committee shall consider, but is not limited to consideration of, the location,
terrain and surrounding land use of the petition area. The committee shall also consider any
additional instructions given by the county commissioners at the assignment of the committee.
The county commissioners shall hold a public hearing on the review committee's
recommendations soon after they are received by the commission.
(5) Legal notice of the public hearing shall be published one time in the official newspaper of the
county at least 10 days prior to the hearing.
(6) If the county commissioners find the formation, alteration, or dissolution of the petitioned
area to be beneficial to the public health, safety or general welfare, the area shall be established,
altered, or dissolved 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. The board of commissioners shall determine the final boundaries for the
creation of a no shooting area.
(7) Public works may post signs along public roads indicating a no shooting area boundary
where deemed necessary. The department of community development shall inform development
and permit applicants if a parcel is within a no shooting area. [Ord. 2-07 § 5]
8.50.060 Violations — Misdemeanors — Penalty — Arrest.
(1) Any person discharging a firearm in a no shooting area is guilty of a misdemeanor. It shall
not be a violation of articles I and II of this chapter when a person discharges a firearm in
accordance with the provisions of RCW 9A.16.020.
(2) Any law enforcement officer having probable cause to believe that a person has committed a
violation of articles I and II of this chapter has the authority to arrest the person.
(3) The first offense for violation of article I or 11 of this chapter constitutes a civil penalty not to
exceed $100.00. Consecutive offenses are punishable, upon conviction, by a fine not to exceed
$250.00 or by confinement in the county jail for a period of not more than 90 days. [Ord. 2-07 §
6]
8.50.070 Enforcement officers and procedures.
Enforcement of articles I and II of this chapter 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 chapter. 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 chapter. [Ord. 2-07 § 7]
8.50.080 Interpretation.
In the event any other county ordinance, whether or not codified, is in conflict with any of the
terms of articles I and II of this chapter, the more stringent shall be construed as applicable. [Ord.
2-07 § 8]
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Article IL Boundary Descriptions for No Shooting Areas
8.50.100 Kala Point.
The area described below is hereby established as a no shooting area as provided in Article I of
this chapter:
Bordered on the West by Airport Cutoff Road; on the North by Old Fort Townsend Road and the
Old Fort Townsend State Park boundary; on the South by Prospect Avenue extending to Port
Townsend Bay; and on the East by the Shoreline of Port Townsend Bay.
[Ord. 12-95]
8.50.110 Port Ludlow.
The area described below is hereby established as a no shooting area as provided in Article I of
this chapter:
The northern boundary begins at the Admiralty Inlet Shoreline adjacent to northern property
lines of lots in Port Ludlow #5 at the northern end of Montgomery Lane. The boundary then
moves westward across the properties mentioned above along their northern property lines,
crosses Oak Bay Road and continues westward along the fire hall northern property line and on
west along the northern property lines of Port Ludlow #2, Area 3, at the northern end of Keefe
Lane.
At the NW corner of Lot 475 on Keefe Lane the No Shooting boundary turns south along the
western side of Jefferson Avenue to the northern property lines of Port Ludlow 92, Area 3 lots
along Fleet Drive. The boundary then moves west and then south around the cemetery, across
Swansonville Road and continues south along the western side of Talbot Way to the junction of
Talbot Way and Walker Way. Here the boundary turns west along the north side of Walker Way
and continues as Walker Way becomes a gravel road to the NW corner of the properties in Port
Ludlow #6.
The boundary then heads generally south along the western property lines of Port Ludlow 96 to
Oak Bay Road. It then turns west along the north side of Oak Bay Road, then south and then east
around the Port Ludlow RV Park and commercial area to Paradise Bay Road. The boundary then
turns south along the western side of Paradise Bay Road to a point opposite the end of Camber
Lane, it then heads SW picking up the outside of the fairways of the Port Ludlow Golf Course
staying at the outside fairway points entirely around the western, southern and the eastern
portions of the golf course to the southern property lines of Fairwood Village.
The boundary then heads east along the south side of Springwood Drive and across Teal Lake
Road. It then swings NE along the property lines of Teal Lake Village on the south side of
Outlook Lane. The boundary then heads north along the eastern side of the Osprey Conservation
Tract, which is east of the eastern property lines of Teal Lake Village lots at the end of Clear
View Place and Seaway Place to Paradise Bay Road. The boundary then continues north across
Paradise Bay Road along the eastern property lines of Bay View Village, Divisions 1 and 2 to
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Ludlow Bay Road. The boundary then turns NE along the SE side of Ludlow Bay Road to the
end of Ludlow Beach Tracts 92. It then turns NW to the shoreline of Ludlow Bay.
[Ord. 4-96]
8.50.120 Brinnon — Black Point.
The area described below is hereby established as a no shooting area as provided in Article I of
this chapter:
The northern boundary begins at and includes the old and new Pleasant Harbor Marinas at mile
marker 9308 on Highway 101. The boundary then moves southwesterly along the highway to the
first Duckabush River Bridge at mile marker #310. The boundary includes all of Black Point
surrounded by Hood Canal, to the East of Highway 101 between the above referenced mile
markers EXCEPT that portion along the southern boundary known as the Duckabush Flats which
is along the Duckabush River Estuary below the shoreline bluff.
[Ord. 5-97]
8.50.130 Brinnon.
The area described below is hereby established as a no shooting area as provided in Article I of
this chapter:
The area bordered on the east by Highway 101; on the north by the Dosewallips Road; on the
west by the power line; and on the south by the Dosewallips River.
[Ord. 3-99]
8.50.140 Brinnon — Triton Cove.
The area described below is hereby established as a no shooting area as provided in Article I of
this chapter:
The area bordered on the north by an unnamed year around creek from the Hood Canal to the
Bonneville power lines (the area under the power lines is to be included in the No Shooting
zone); on the West by the far side of the power lines; the East by Hood Canal; and on the South
by the Jefferson County line.
[Ord. 7-00]
8.50.150 Brinnon — Olympic Canal Tracts.
The area described below is hereby established as a "No Shooting" zone as provided in Article I
of this chapter. The no shooting area is encompassed by the following description:
Beginning at the point of intersection of the centerline of U.S. Highway 101 and the centerline of
Duckabush Road;
Thence northwesterly along the centerline of Duckabush Road to the intersection with the most
westerly line of the Bonneville power lines;
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Thence southwesterly along the most westerly line of the Bonneville power lines to the
intersection of said power lines with McDonald Creek;
Thence southeasterly along McDonald Creek to the shoreline of Hood Canal;
Thence northerly along the shoreline of Hood Canal to the tidal area at the mouth of the
Duckabush River;
Thence northerly along the shoreline to a point along the shoreline that is due west of the
intersection of the centerline of U.S. Highway 101 and the centerline of Duckabush Road;
Thence west to the point of beginning.
Said property being portions of Sections 15, 16, 17, 20, 21, 28 and 29 all in Township 25 North,
Range 2 West; Willamette Meridian.
All lying in Jefferson County, state of Washington.
[Ord. 12-02]
8.50.160 South Coyle Peninsula.
The area described below is hereby established as a "No Shooting" zone as provided in Article I
of this chapter. The no shooting area is encompassed by the following description:
That portion of Sections 2, 3, 4 and 5 of Township 25 North, Range 1 West, Willamette
Meridian, and Sections 27, 28, 29, 32, 33, 34 and 35 of Township 26 North, Range 1 West,
Willamette Meridian, described as follows:
Beginning at the Southeast corner of Tax 1 as described under Parcel A in Auditor File Number
488422, Section 28 Township 26 North, Range 1 West Willamette Meridian;
Thence continuing along the extension of the South line of said Tax I to the centerline of said
Payne Road and the TRUE POINT OF BEGINNING;
Thence Westerly along the extension of the South line and along the South line of said Tax 1 to
the Northeasterly corner of Tax 2 as described under Auditor's File Number 422414;
Thence Southerly and Westerly along the Easterly and Southerly boundary of the parcel
identified under said Auditor's File Number 422414;
Thence continuing Westerly along the extension of the Southerly line of said parcel to the 0.0
low tide mark in Dabob Bay;
Thence Southerly along the 0.0 low tide mark of Dabob Bay, and Northerly and Easterly along
the 0.0 low tide mark of Hood Canal to the point of intersection of the centerline of East Go-
onna Beach Drive extended Easterly from the most Easterly point of said centerline located in
the Southwest 1/4 of Section 27, Township 26 North, Range 1 West, Willamette Meridian, and
said 0.0 low tide mark of Hood Canal;
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Thence Westerly along said extension and the centerline of East Go-onna Beach Drive to the
intersection of said East Go-onna Beach Drive with the centerline of Coyle Road;
Thence Northerly and Easterly along the centerline of Coyle Road to the intersection of said road
with the centerline of Payne Road;
Thence Westerly and Southerly along the centerline of Payne Road to the TRUE POINT OF
BEGINNING;
EXCEPTING THEREFROM any portion of the following described parcels that lie within the
above described bounds and that do not lie within the Northerly and Easterly 200 foot setback
from the centerline of Zelatched Point Road, within the Northerly and Westerly 200 foot setback
from the centerline Coyle Road or within the Southerly and Easterly 200 foot setback from the
centerline Payne Road:
The South one half of the Southeast quarter of Section 28, Township 26 North, Range 1 West,
Willamette Meridian, lying Southerly and Easterly of Payne Road;
The Northeast quarter of Section 33, Township 26 North, Range 1 West, Willamette Meridian,
lying Northerly and Westerly of Coyle Road;
The South one half of the Northwest of Section 33, Township 26 North, Range 1 West,
Willamette Meridian, lying Northerly and Easterly of Zelatched Road; and
The Northwest quarter of the Southeast quarter of Section 33, Township 26 North, Range 1
West, Willamette Meridian, lying Northerly and Easterly of Zelatched Road and Northerly and
Westerly of Coyle Road;
Situate in Jefferson County, Washington.
[Ord. 12-14 § 1; Ord. 20-02]
8.50.170 Paradise Bay.
The area described below is hereby established as a no shooting area as provided in Article I of
this chapter.
All of the land lying within the following bounds:
Beginning at the intersection of the most northerly line of Tract A of the Plat of Woodridge
Village Division 1 as recorded in Volume 7 Pages 47 through 50 of Plats, Jefferson County, state
of Washington and the easterly margin of Teal Lake Road;
Thence northeasterly along said northerly line of said Tract A to the intersection of said line with
the southerly margin of Crestview Drive as recorded in the Plat Amendment to Teal Lake
Village Volume 6 Pages 186 through 197 of Plats, Jefferson County, state of Washington;
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Thence in a straight line northeasterly to the intersection of said line with a point located at the
intersection of the southerly boundary of Tract C of the said plat of Woodridge Village Division
1 and the northerly margin of said Crestview Drive;
Thence northerly along the northerly margin of said Crestview Drive, said margin also being the
westerly boundary of said Tract C, to the southerly margin of Outlook Lane as recorded in said
plat of Amendment to Teal Lake Village, said line also being the northerly line of said Tract C;
Thence easterly along the northerly boundary of said Tract C to the intersection of said line with
the most easterly boundary of said plat of Amendment to Teal Lake Village;
Thence northerly along the easterly boundary of said plat of Amendment to Teal Lake Village to
the intersection of said line with the southerly margin of Paradise Bay Road;
Thence along said southerly and westerly margin in an easterly and southerly direction to the
intersection of said westerly margin of Paradise Bay Road with the North line of Section 22,
Township 28 North, Range 1 East, W.M.;
Thence easterly along the North line of said Section 22 to the mean lower low water boundary of
Hood Canal;
Thence southeasterly and easterly along said mean lower low water boundary to Point Hannon
and the easterly mean lower low water boundary of Hood Canal in Section 25, Township 28
North, Range 1 East, W.M.;
Thence following the mean lower low water boundary of Hood Canal through Sections 25, 26,
35 and 36, all lying in Township 28 North, Range 1 East, and Section 2, Township 27 North,
Range 1 East, W.M., to the intersection with the northerly margin of State Route 104 with said
mean lower low water boundary of Hood Canal;
Thence northwesterly along the north margin of State Route 104 to the intersection of said
margin with the easterly margin of Paradise Bay Road;
Thence northerly and northwesterly along the easterly margin of Paradise Bay Road to the south
line of Section 23, Township 28 North, Range 1 East, W.M.;
Thence westerly along said south line of Section 23 to the intersection with the westerly margin
of Paradise Bay Road;
Thence southerly along the westerly margin of Paradise Bay Road to the intersection with the
northerly margin of Andy Cooper Road;
Thence westerly along the northerly margin of said Andy Cooper Road to the intersection with
the easterly margin of Teal Lake Road;
Thence northwesterly along the easterly margin of Teal Lake Road to the point of beginning of
this description.
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All situated within Jefferson County, Washington.
[Ord. 4-08 § 1 ]
8.50.180 Chimacum Creek.
The area described below is hereby established as a no shooting area as provided in Article I of
this chapter.
All of the following described lands, being a portion of Sections 34 and 35, Township 30 North,
Range 1 West, W.M., and Sections 2 and 3, Township 29 North, Range 1 West, W.M., lying
within the following bounds:
Beginning at the intersection of centerline of as -built Prospect Avenue extended Easterly to the
westerly shoreline of Port Townsend Bay said point being the True Point of Beginning of this
description;
Thence Westerly along the centerline of as -built Prospect Avenue to the intersection of said road
with the centerline of State Route 19, also known as Airport -Cutoff Road;
Thence Southeasterly along the centerline of said State Route 19 to the intersection with the
centerline of Irondale Road;
Thence Easterly along the centerline of Irondale Road to the intersection with the centerline of
platted Market Street as said road is platted in the plat of Harrisburg recorded in Volume 1 Page
16 records of Jefferson County, Washington;
Thence Easterly along said centerline of Market Street to the centerline of Maple Street as
platted on said plat;
Thence continuing Easterly along the centerline of platted Market Street lying North of Block 40
and Reserve A, as platted in the plat of Irondale, recorded in Volume 3 Page 5 records of
Jefferson County, Washington and the extension of said Market Street to the Westerly shoreline
of Port Townsend Bay;
Thence Northerly and Westerly, upland of the 0.0 low tide mark with a line at the mouth of
Chimacum Creek between the following coordinates: -122.771 48.049D DD to -122.771.48.049
DD, within Port Townsend Bay to the True Point of Beginning.
All lying and being in Jefferson County, Washington.
[Ord. 3-17 § 1; Ord. 11-08 § 1]
8.50.190 Tala Shore.
The area described below is hereby established as a no shooting area as provided in Article I of
this chapter.
That portion of Section 15, Township 28 North, Range 1 East, W.M., Jefferson County,
Washington, encompassed within the following described boundary:
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Beginning at the intersection of the South Section line of Section 15, Township 28 North, Range
1 East, W.M. Jefferson County, State of Washington and the centerline of a private road known
as East Ludlow Ridge Road, as said private road is described in Auditor File Number 285012
records of Jefferson County, Washington; Thence Northerly along said private road centerline to
the North line of the Southeast Quarter of the Northwest Quarter of Sections 15, Township 28
North, Range 1 East; Thence Easterly along said North line of the Southeast Quarter of the
Northwest Quarter of Sections 15 to the Northwest corner of Government Lot 4; Thence Easterly
along the North line of Government Lot 4 and the Easterly extension of the North line of
Government Lot 4 to the 0.0 low tide mark within Hood Canal,
Thence Southerly along said 0.0 low tide mark within Hood Canal to the intersection of said 0.0
low tide mark with the Easterly extension of the South section line of said Section 15; Thence
West along said Easterly extension of said South section line and the South section line of
Section 15, Township 28 North, Range 1 East, to the intersection of said South line and the
centerline of the private road known as East Ludlow Ridge Road said point being the point of
beginning of this description.
TOGETHER WITH:
All of Section 10, Township 28 North, Range 1 East, W.M. Jefferson County, State of
Washington.
All situated in Jefferson County, State of Washington.
[Ord. 6-14 §§ 1, 2]
8.50.200 Ocean Grove.
The area described below is hereby established as a no shooting area as provided in Article I of
this chapter.
Albert Balch and Harry Cotton's Ocean Grove Estates, as per plat recorded in Volume 4 of Plats,
Page 20, records of Jefferson County, Washington;
TOGETHER WITH Albert Balch and Harry Cotton's Ocean Grove Estates No. 2, as per plat
recorded in Volume 4 of Plats, Page 27, records of Jefferson County, Washington;
TOGETHER WITH that portion of Government Lot 4, Section 24, Township 30 North, Range 2
West, W.M., not included in said Albert Balch and Harry Cotton's Ocean Grove Estates and in
Albert Balch and Harry Cotton's Ocean Grove Estates No. 2.
TOGETHER WITH that portion of Lot 5 of survey recorded in Volume 11 of Surveys, Page 54,
under Auditor's File Number 328912, located within Government Lot 5, Section 24, Township
30 North, Range 2 West, W.M., described as follows:
Beginning at the Northwest corner of said Lot 5;
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Thence proceeding on a bearing of S 88° 30' 34" East 67.21 feet along the North line of said Lot
5 to the Southwest corner of Lot 12, plat of Ocean Grove No. 2, Volume 4 of Plats, Page 27,
records of Jefferson County;
Thence continuing South 88° 30' 34" East 76.22 feet to the Southeast corner of said Lot 12;
Thence turning South 26° 34' 58" West 166.11 feet to a rebar and cap marked "Parrish, LS
29535";
Thence continuing South 26° 34' 58" West 9.07 feet;
Thence North 83° 52' 04" West 69.36 feet to the West boundary of said Lot 5;
Thence North 01' 29' 25" East 8.53 feet to a rebar and cap marked "Parrish, LS 29535" and the
West line of said Lot 5;
Thence along the West line of Lot 5 North 01' 29' 25" East 144.51 feet to the Point of
Beginning;
TOGETHER WITH Albert Balch and Harry Cotton's Ocean Grove Estates No. 3, as per plat
recorded in Volume 4 of Plats, Page 31 and amended in Volume 6 of Plats, Page 138-139,
records of Jefferson County, Washington.
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APPENDIX B
Article III. Commercial Shooting Facilities — DRAFT 15
8.50.210 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 as regulated in Title 18 JCC; 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.
8.20.220 Definitions.
The following definitions shall apply in the interpretation and enforcement of the ordinance
codified in this article:
(1) "Aggrieved party" means a person or persons who can demonstrate that a decision by the
director or a hearing examiner will prejudice them or their interests that are protected by
federal or state law or JCC.
(2) "Annual inspection" means the annual inspection required by JCC 8.50.230(5)(c).
(3) "Applicant" means a person applying for an operating permit.
(4) "Armed forces" means the armed forces of the United States or of the National Guard or
organized reserves.
(5) "Backstop" means a barrier that stops or redirects bullets fired on a shooting range, usually
directly behind the target line.
(6) `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 or to abate noise.
(7) `Ballistic trauma" means wounds to humans or domestic animals or property damage from
the discharge of firearms.
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(8) `Berm" means an embankment used for restricting bullets to a given area, as a protective
or dividing wall between shooting areas, or for noise abatement.
(9) "BMP" means best management practice or practices.
(10) "Bullet" means a single projectile fired from a firearm.
(11) "Buffer zone" has the same meaning as in JCC 18.10.20B 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.
(12) "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.
(13) "CFR" means the Code of Federal Regulations, as it now exists or is later amended.
(14) "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.
(15) "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 organizational training for 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 the owner's guests without payment of any compensation to the owner of
the privately owned property or to any other person.
(16) "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.
(17) "Critical areas" mean critical areas as defined in Chapter 18.22 JCC.
(18) "Department" means the county department of community development.
(19) "Director" means the director of the county department of community development.
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(20) "Environmental Plan" means a plan for mitigating the environmental impacts of commercial
shooting facilities as required by JCC 8.50240(5).
(21) "Expansion" means any proposed change that increases the existing activities and uses
permitted for a commercial shooting 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 remodeling of a clubhouse, shall not be considered an
expansion.
(22) "Exploding target" means a target that explodes when hit by a projectile
(23) "Explode" means burst or shatter violently and noisily from rapid combustion,
decomposition, excessive internal pressure, or other process, typically scattering fragments
widely.
(24) "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 8.50.240(2).
(25) "False Report" means a report of violation that results in the dispatch of the department, the
sheriff or emergency services for a violation of this article when, in fact, there was no
violation of this article and no reasonable belief there was a violation of this article.
(26) "Firearm" has the same meaning as in JCC 8.50.040.
(27) "Firing line" means a line parallel to the targets from which firearms are discharged.
(28) "Firing point" means a location from which one individual fires at an associated target
located down range.
(29) "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.
(30) "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.
(31) "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.
(32) "Hot Range" means a shooting range on which all firearms are allowed to be loaded at all
times.
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(33) "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.
(34) "Indoor facility" means a commercial shooting facility within a fully enclosed structure.
(35) "JCC" means the Jefferson County Code, as it now exists or is later amended.
(36) "Law enforcement officer" means "federal peace officer" as defined in RCW 10.93.20(6),
"general authority Washington peace officer" as defined in RCW 10.93.20(3), "law
enforcement" officer as defined in RCW 9.41.010 12), "peace officer" as defined in RCW
43.101.010(11), "limited authority Washington peace officer" as defined in RCW
10.93.20(4), "qualified law enforcement officer" as defined in 18 U.S.C. Section 928B(c)
and, "specially commissioned Washington peace officer" as defined in RCW 10.93.20(5).
For the avoidance of doubt, "law enforcement officer" includes federal, tribal, state, and
local members of law enforcement organizations certified by their jurisdiction to enforce the
laws of that jurisdiction.
(37) "Life safety incident" means an incident that causes ballistic trauma to humans, domestic
animals, or property.
(38) "Member of the armed forces" means a member of the armed forces, when on duty.
(39) "NRA Range Source Book" means the most current version of The NRA Range Source
Book published by the National Rifle Association.
(40) "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 8.50.240(4).
(41) "Operator" means the person operating the commercial shooting facility.
(42) "Operating Permit" means the operating permit required by this article.
(43) "Or" means both or and and/or.
(44) "Other Reports of Violations" means reports of violations that are not life safety incidents
or threats to humans, domestic animals or property.
(45) "Outdoor facility" means a commercial shooting facility that is not an indoor facility.
(46) "Owner" means the holder of title to the real property on which a commercial shooting
facility is located.
(47) "Person" means person as that term is defined in RCW 1.16.080.
(48) "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
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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.
(49) "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.
(50) "Projectile" means an object fired from a firearm.
(51) "Provisional operating permit" means a provisional operating permit issued pursuant to JCC
8.50.230(4)(c).
(52) "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.
(53) "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 or 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.
(54) "RCW" means the Revised Code of Washington, as it now exists or is later amended.
(55) "Report of Violation" means a report of a violation of this article received by the department
or the sheriff.
(56) "Routine maintenance" means simple, small-scale activities (e.g., repairing berms or
structures or property maintenance for which permits are not required).
(57) "Rules and regulations" means requirements used in the operation of a commercial shooting
facility.
(58) "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.
(59) "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 8.50.240(3).
(60) "Sheriff' means the elected sheriff of Jefferson County or designee.
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(6 1) "Shooting range" consists of a firing line or firing points, and an impact area. A commercial
shooting facility may include multiple shooting ranges.
(62) "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.
(63) "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.
(64) "Target" means a mark to shoot at.
(65) "Target line" means the line where targets are placed.
(66) "Threatened Harm" mean a reasonable likelihood that humans, domestic animals, or
property have been or will be jeopardized by the operations of the commercial shooting
facility.
(67) "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 fire to facilitate adjustment of the aim of a firearm.
(68) "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.
(69) "U.S.C." means the United States Code, as it now exists or is later amended.
(70) "WAC" means the Washington Administrative Code, as it now exists or is later amended.
8.50.230 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 the 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
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application. A hearing examiner considering a conditional use permit application pursuant to
Title 18 JCC shall review the operating permit application as part of the review of the
conditional use permit application.
(4) Established Commercial Shooting Facilities.
(a) 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.
(b) Subject to JCC 8.50230(4)(c), an established commercial shooting facility must obtain an
operating permit within one year of the effective date of this article.
(c) If the professional evaluation (JCC 8.50.240(7)) does not demonstrate full compliance with
this article, then a provisional operating permit may be issued by the director, provided:
i. Life Safety Deficiencies. All life safety deficiencies identified in the professional
evaluation must be corrected prior to issuance of the provisional operating permit.
ii. Critical Area Deficiencies. Any proposed operation that likely threatens to cause a
detrimental impact to a critical area must be addressed to remove that threat prior
to issuance of the provisional operating permit.
iii. Other Deficiencies.
A. In consultation with the owner or operator, the Qualified Shooting Range
Evaluator who performed the professional evaluation and the director will
establish a timeline for remedying all the other deficiencies noted in the
professional evaluation that are not life safety deficiencies or critical area
deficiencies.
B. If the director concludes that agreement on the timeline for correction of the
other deficiencies cannot be reached, the director shall provide written notice
of agreement to attend mediation to the applicant to be concluded within 60
days, along with a proposed timeline for correction of the other deficiencies.
C. If the applicant does not agree to mediation within 7 days after the director
sends written notice, the timeline for correction of the other deficiencies
proposed by the director pursuant to JCC 8.50.230(4)(c)(iiiXB) shall be
established.
D. The applicant may appeal the establishment of the timeline for correction of the
other deficiencies established pursuant to subsection JCC 8.50.230(4)(c)
(iii)(C) to the hearing examiner pursuant to JCC 8.50.260.
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E. The provisional operating permit shall be issued only on the condition of
acceptance by the applicant of the timeline established for correction of the
other deficiencies.
F. Failure to adhere to the timeline for correction of the other deficiencies may
result in a notice of correction served by the department on the owner or
operator of the commercial shooting facility.
G. Following a notice of correction, the director and the owner or operator of the
commercial shooting facility may meet to develop a compliance plan. The
compliance plan shall establish a reasonable and specific time frame for
compliance with the timeline for correction of the other deficiencies. The
voluntary correction process is optional as deemed by the director. If the
director believes that the requirements of a voluntary correction plan are not
being met, the director shall revoke the provisional operating permit.
H. Failure to adhere to the timeline for correction of the other deficiencies 30 days
after issuance of the notice of correction or after failure to adhere to a
compliance plan shall constitute sufficient grounds for the director to terminate
immediately the provisional operating permit.
L Termination of a provisional operating permit by the director may be appealed
pursuant to JCC 8.50260.
J. When all other deficiencies have been corrected, the director shall issue an
operating permit.
(5) Inspections and Annual Report Required.
(a) Pre -Operation Inspection. Prior to issuing any operating permit or provisional 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 all the requirements in the approved operating permit
application.
(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:
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 by JCC 8.50.240(1)(a) -(e), as
submitted in the application; and,
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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. The department shall develop a checklist for an
annual inspection. The checklist for the annual inspection shall be provided to the operator
at the time the operating permit is issued and shall be effective during the term of the
operating permit.
(d) Noncompliance Inspection. A noncompliance inspection shall be triggered upon receipt
by the director of any of the following claims:
A claim of noncompliance with the operating permit; or,
ii. A claim that there exists either a life safety incident or threatened harm.
For noncompliance inspections:
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.
(e) Following an annual inspection or a noncompliance inspection:
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,
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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:
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 JCC 8.50.230(5)(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.
8.50.240 Application for a Commercial Shooting Facility Operating Permit.
(1) Required Components. 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;
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(c) Operations Plan;
(d) Environmental Plan;
(e) Noise Abatement Plan;
(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.
(a) The Facility Design Plan 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) The Facility Design Plan for all outdoor commercial shooting facilities:
i. Locations and dimensions of firing lines or firing points, target lines and impact
areas including all related buildings;
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 all baffles and containment structures;
iv. Location of all security measures specified in JCC 8.50.250(1);
V. The safety fan for each shooting range proposed;
vi. Approximate location of buildings on adjoining property;
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vii. Approximate location of any stream, river, lake, or other body of water within 500
yards of the commercial shooting facility.
viii. Dimensional drawings of physical layout for each of the items listed in this
subsection, drawn at an engineering scale appropriate for the drawings;
ix. Horizontal drawings of the baffles and containment structures, and a description of
the materials to be used for them;
X. For rifle and pistol shooting ranges:
A. 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,
B. Latitudinal cross-sections, from 10 feet outside all 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.
xi. For five -stand shooting, skeet shooting, sport clay shooting and trap shooting
ranges, the location and dimension of the shot fall zones and component parts; and,
xii. Elevations of all shooting ranges showing target area, backstops and berms.
(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) Provisions 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
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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 all 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;
(i) A means for participants and spectators to readily contact emergency services such as fire
or emergency medical services; and,
0) Provision for emergency services access by vehicle or air transport.
(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, open to
organizational training for members of the armed forces, or any combination of these;
(c) The types and largest caliber of firearms and ammunition to be allowed on each shooting
range;
(d) Type of shooting proposed on each shooting range;
(e) Whether exploding targets are to be used. If so, a plan for mitigation of noise impacts on
neighbors;
(f) 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 and two million in the aggregate during operation
of the commercial shooting facility;
(g) A requirement that certificates of insurance for all policies that provide insurance
coverage for the commercial shooting facility be provided to the department evidencing
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continuous insurance coverage required by the Operations Plan within fifteen (15) days
of approval of the Operations Permit that include:
The limits of coverage;
ii. The names and addresses of all 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.
(h) A requirement that the department be notified of any change in the insurance required by
the Operations Plan.
(5) Environmental Plan. Each commercial shooting facility operator shall develop and submit an
environmental plan with the following minimum requirements:
(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 later
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 later 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:
A plan for compliance with requirements under existing law 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 consistent with existing law for addressing any
remediation of hazardous substances or hazardous waste.
(e) For the avoidance of doubt, this article neither seeks to set nor does set any substantive
environmental standards, including but not limited to standards for any hazardous
substance or hazardous waste, including but not limited to lead.
(6) Noise Abatement Plan. Each commercial shooting facility operator shall develop and submit
a noise abatement plan. The minimum requirements for a noise abatement plan are:
(a) Identify potential noise issues and potential solutions to those issues;
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(b) Describe sound abatement methodologies and technologies proposed for the facility;
(c) Provide a description of how the noise abatement program will be integrated into yearly
planning; and,
(d) Contain BMPs to minimize noise nuisance consistent with the NRA Source Book and
Chapter 8.70 JCC (noise control).
(7) Professional Evaluation. The Professional Evaluation shall contain an evaluation of the
operating permit application that shall be performed by a qualified shooting range evaluator
(as defined above) that meets the following minimum requirements:
(a) The evaluation shall discuss any safety issues not addressed by the operating permit
application;
(b) The evaluation shall discuss any proposed uses that are inconsistent with the NRA Range
Source Book for facility designs and institutional controls;
(c) The evaluation shall be in written form and signed by the qualified shooting range
evaluator.
(d) For new commercial shooting facilities, the evaluation shall certify that the operating
permit application satisfies all the requirements of this article.
(e) For existing commercial shooting facilities, the evaluation shall classify the ways in
which the facility is currently non-compliant with this article according to the following
priorities:
i. Life safety issues or critical area deficiencies that must be remedied prior to issuance
of an operating permit;
ii. Facility design components that do not meet the safety objectives of this article; and,
iii. Facility design components that do not mitigate detrimental effects of the facility on
critical areas.
(f) The department may, at county expense, arrange for an additional or independent
evaluation by a qualified shooting range evaluator of a proposed commercial shooting
facility operating permit application, including the commercial shooting facility's uses
and institutional controls described in the application for an operating permit. If
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requested, the applicant shall allow for an inspection of the site of the new or existing
commercial shooting facility by the department's qualified shooting range evaluator
performing an evaluation pursuant to this subsection.
(g) If there is dispute between the evaluation provided by the commercial shooting facility
and the evaluation performed at the option of the department, the applicant may challenge
the evaluation performed at the option of the department by appealing the department's
evaluation to the hearing examiner pursuant to JCC 8.50.260.
(h) If there is a dispute and the applicant does not appeal pursuant to JCC 8.50.260, the
county's evaluation shall apply.
(8) Certification.
(a) Every application for an operating permit for a new commercial shooting facility shall be
accompanied by a notarized certification by the operator that specifies the commercial
shooting facility:
Complies with this article;
ii. Meets commonly accepted shooting facility safety and design practices; and,
iii. Shall be operated in a manner that protects the safety of all persons present at the
commercial shooting facility and persons on neighboring properties.
(b) Every application for an operating permit for an existing commercial shooting facility
shall be accompanied by a notarized certification by the operator that specifies the
following:
The operator will abide by the improvement plan agreed upon as a condition of
the issuance of the operating permit;
ii. Areas of non-compliance at the commercial shooting facility will not increase
over time;
iii. That as much as possible the facility meets commonly accepted shooting facility
safety and design practices; and,
iv. That the facility shall be operated in a manner that protects the safety of all
persons present at the commercial shooting facility and persons on neighboring
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properties.
8.50.250 Minimum Standards.
(1) Required Security. Commercial shooting facilities shall provide security measures to deter
unauthorized entry to any shooting range, such as barriers, berms, cameras, gates, fencing, on-
site security personnel, physical limits, or signage.
(2) Physical Containment. Commercial shooting facilities shall be designed and operated to keep
all projectiles from leaving any shooting range or the commercial shooting facility.
(3) Critical Areas. Commercial shooting facilities shall be designed and operated to prevent
adverse public health or environmental impacts to critical areas.
8.50.260 Administrative Remedy for Decisions Made by the Director.
When a decision is made by the director pursuant to the provisions of this article, an applicant or
any aggrieved party may appeal the decision to the hearing examiner pursuant to the procedures
in JCC 18.05.080 and JCC 18.05.085 by providing written notice of appeal to the director within
14 calendar days of the decision. The fee for such appeal shall be as set forth in the Jefferson
County fee ordinance and must be paid by the appellant at the time of filing the notice of appeal.
8.50.270 Judicial Appeals.
(1) Time to File Judicial Appeal. Within 21 calendar days of the date the decision or action
becomes final, the applicant or any aggrieved party may appeal the final decision of the
director or the hearing examiner to a court of competent jurisdiction in a manner consistent
with state law.
(2) All appellants and aggrieved persons must timely exhaust all administrative remedies prior to
filing a judicial appeal.
(3) Service of Appeal. Notice of appeal and any other pleadings required to be filed with the
court shall be served by delivery to the county auditor (see RCW 4.28.080), and all persons
identified in JCC 8.50.240(1)(h), within the applicable time period. This requirement is
jurisdictional.
(4) Cost of Appeal. The person who filed the notice of appeal shall be responsible for the cost of
transcribing and preparing all records ordered certified by a court or desired by the person
who filed the notice of appeal. Prior to the preparation of any records, the person who filed
34 of 38
the notice of appeal shall post with the county auditor an advance fee deposit in an amount
specified by the county auditor. Any overage will be promptly returned.
8.50.280 Safe Harbor for Owners and Operators.
Full compliance with an operating permit creates a rebuttable presumption that the commercial
shooting facility is not being operated as a nuisance. For the avoidance of doubt, the burden of
proving full compliance is on the owner or operator.
8.50.290 Reports of Violations of this Article.
(1) Creation of a Form. The director, in consultation with the sheriff, shall develop a form for
receipt of reports of violations of this article.
(2) Provided to the Owner or Operator. All reports of violation shall be provided to the owner or
operator of the commercial shooting facility as soon as possible, but no later than two
business days from the receipt of the report of violation.
(3) Maintenance of Reports. The director shall maintain a copy of all reports of violation for at
least two years following receipt of a report of violation.
(4) Discussion During Annual Inspection. During the annual inspection, all reports of violation
shall be addressed by the department and the owner or operator of a commercial shooting
facility.
(5) Response to A Reports of Violation.
(a) Name of Informant Required for a Response to a Report of Violation. All reports of
violation shall include the name of an informant with current contact information for use
in the investigation.
(b) Expedited Response. The sheriff shall respond to reports of life safety incidents or
threatened harm that violate this article as soon as practical, considering the nature of the
report of violation and the other operational demands on the sheriff at the time the report
of violation is received.
(c) Routine Response. Other reports of violation shall be evaluated by the department for
investigation. In consultation with the sheriff, the department shall develop a procedure
for addressing other reports of violation.
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(d) Noise Only Response. When the report of violation is limited to a claim of noise
nuisance, the report of violation shall be addressed by the sheriff under Chapter 8.70 JCC
(Noise Control).
(e) False Reports. After two or more false reports from the same source within a six-month
period, the sheriff in consultation with the director may declare that for the next six
months, there will be no further expedited responses to reports of violation from that
source. False reports may be subject to criminal penalties under RCW 9A.84.040.
Written notice that two false reports have been received within a six-month period shall
be provided to the source after the second false report. In consultation with the
department, the sheriff shall develop a procedure for handling false reports.
8.50.300 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.
8.50.310 Conflicts with JCC 18.20.350(8) and Limitations on the Applicability of this Article.
(1) If any provision of this article conflicts with JCC 18.20.350(8), the provisions of this article
shall prevail.
(2) Nothing in article shall be construed as:
(a) 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.
(b) Permitting the discharge of firearms, the ownership or possession of which is otherwise
prohibited by law.
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(c) Permitting the use or possession of a firearm by an individual who is otherwise prohibited
by law from owning or possessing that firearm.
(d) Allowing or authorizing the discharge of firearms otherwise prohibited by state or federal
law.
(e) Allowing or authorizing the discharge of tracer or incendiary ammunition.
(f) Allowing or authorizing the discharge of a destructive device as that term is defined in 25
U.S.C. Section 5845(f) or any explosive as that term is defined in RCW 70.74.010(5).
(g) 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), unless specifically authorized under RCW
9.41.190(3).
(h) 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, unless specifically authorized under RCW
9.41.190(3).
(i) 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 Title 18 JCC.
(j) 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.
(k) Limiting a court of competent jurisdiction from:
i. Ruling that a commercial shooting facility is a public nuisance; or,
ii. Requiring additional noise, environmental or safety controls as a condition of continued
operation of a commercial shooting facility.
(1) 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.
8.50.320 Warning and Disclaimer of Liability.
The degree of protection required by this article for commercial shooting facilities is reasonable
for regulatory purposes and is based on available information. This article does not imply that
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commercial shooting facilities will be free from risk of bodily injury or property damage, even if
operated consistently with an operating permit. This article does not create liability on the part of
the county or any officer or employee of the county for any bodily injury or property damage that
results from reliance on this article, or any administrative decision made lawfully under this article,
including but not limited to the decision to approve the application for an operating permit. By
regulating commercial shooting facilities, the county is attempting to address obvious safety and
environmental issues at commercial shooting facilities. Neither this article nor an operating permit
issued pursuant to this article may be relied upon as a determination that operation of a commercial
shooting facility consistent with an operating permit renders the commercial shooting facility free
from the risk of bodily injury or property damage.
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APPENDIX 2
8/23/2018
C) -
Michael Haas Prosecuting Attorney
Commercial Shooting Facility
Ordinance Review Committee:
Preemption and
Noise Regulation
Presentation
by Philip C. Hunsucker,
Chief Civil Deputy Prosecuting Attorney
Commercial Shooting Facility Ordinance Review Committee
Tom Richardson's July 24, 2018 Email
r..... ...... ...... ...... ...... ......
Philip Hunsucker
Tuesday, July 24. 2018 8.20 PM
To: Philip Hunsucker
Cc Shooting R I nge committee
subject:July 25. 20,18 CSFRC Meeting:
Philip:
In our most recent meeting last week we discussed the possibility of including in our draft
ordinance a decibel noise limit for shooting sounds emanating from commercial shooting
ranges- At our meeting tomorrow all of uS woulo benefit from your assessment of the impact
of the following statutory provisions regarding whet'ler a county can specify a cecibel limit in
an ordinance regarding commercial shooting ranges:,
* PCW 9 41,291) State steemption
. WAC 173-60-050 jl� lot Noise regu,ations
j * Jefferson County Code 8.70 060 Noise Control—Exempt Noises
I look forward to your comments.
LTom
- — - — - — - — - — - — - — - — - — - — - — - — - — - — - — - — - — -
3'232018 Cori,ec;af Shcottig Facllitv Ordinance Rev'e.a Cor,ri,tee
Regulation of Shooting in
Washington
Commercial Shooting Facility Ordinance Review Committee
Regulation of Shooting in Washington
• 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.
• 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.
• 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.
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Regulation of Shooting in Washington
RCW 9.41.290
State preemption.
The state of Washington hereby fully occupies and preempts the entire field of firearms
regulation within the boundaries of the state, including the registration, licensing,
possession, purchase, sale, acquisition, transfer, discharge, and transportation of firearms,
or any other element relating to firearms or parts thereof, including ammunition and reloader
components. Cities, towns, and counties or other municipalities may enact only those laws
and ordinances relating to firearms that are specifically authorized by state law, as in
RCW 9.41.300, and are consistent with this chapter. Such local ordinances shall have the same
penalty as provided for by state law. Local laws and ordinances that are inconsistent with, more
restrictive than, or exceed the requirements of state law shall not be enacted and are preempted
and repealed, regardless of the nature of the code, charter, or home rule status of such city, town,
county, or municipality.
Commercial Shooting Facility Ordinance Review Committee
Regulation of Shooting in Washington
RCW 36.32.120
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 regu►at►on; as are not in conflict with state law, and within the
unincorporated area of the county may adopt by reference Washington state statutes
and recognized codes and/or compilations printed in book form relating to the
construction of buildings, the installation of plumbing, the installation of electric wiring,
health, or other subjects, and may adopt such codes and/or compilations or portions
thereof, together with amendments thereto, or additions thereto ...
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Regulation of Shooting in Washington
RCW 9.41.300
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
Commercial Shooting Facility Ordinance Review Committee
Regulation of Shooting in Washington
Kitsap County v. Kitsap Rifle and Revolver Club, 1 Wash.App.2d 393.11-2Z
RCW 9.41.290 expressly provides that state law preempts all local firearms regulations, including those involving the discharge of firearms:
The state of Washington hereby fully occupies and preempts the entire field of firearms regulation within the boundaries of the
state, including the registration, licensing, possession, purchase, sale, acquisition, transfer, discharge, and transportation of
firearms, or any other element relating to firearms or parts thereof, including ammunition and reloader components. Cities, towns, and
counties or other municipalities may enact only those laws and ordinances relating to firearms that are specifically authorized by state law, as
in RCW 9.41.300, and are consistent with this chapter. Such local ordinances shall have the same penalty as provided for by state law. Local
laws and ordinances that are inconsistent with, more restrictive than, or exceed the requirements of state law shall not be enacted and are
preempted and repealed, regardless of the nature of the code, charter, or home rule status of such city, town, county, or municipality.
(Emphasis added). As noted in RCW 9.41.290, certain exceptions to preemption are provided in RCW 9.41.300. One exception applies to the
discharge of firearms: (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. RCW 9.41.300(2)(a) (emphasis added).
1 Wash.App.2d at 404-05.
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Regulation of Shooting in Washington
Kitsap County v. Kitsap Rifle and Revolver Club, 1 Wash.App.2d 393 0111
Several factors support the conclusion that RCW 9.41.290 does not preempt KCC 10.25. First, RCW
9.41.290 does not make any reference to the regulation of shooting facilities. In addition, nothing in
chapter 9.41 RCW pertains to shooting facilities. The multiple provisions in that chapter primarily focus
on the possession, delivery, sale, and use of firearms. There is no indication that the legislature
intended to preempt local ordinances requiring shooting facilities to obtain operating permits.
1 Wash.App.2d at 406.
Second, unlike Article 1 of KCC 10.25, Article 2 does not prohibit or expressly regulate the discharge of
firearms. Instead, the ordinance regulates "shooting facilities." KCC 10.25.060 states that the purpose of
KCC 10.25 is to "provide for and promote the safety of the general public by establishing a permitting
procedure and rules for the development and operation of shooting range facilities."
1 Wash.App.2d at 406-07.
Commercial Shooting Facility Ordinance Review Committee
Regulation of Shooting in Washingtonon
Kitsap County v. Kitsap Rifle and Revolver Club, 1 Wash.Appld 393
. .................
Third, RCW 9.41.290 expressly acknowledges that local governments may enact laws and ordinances
relating to firearms as long as they are "authorized by state law ... and are consistent with this
chapter." As noted above, RCW 36.32.120(7) authorizes counties to "[m]ake and enforce, by
appropriate resolutions or ordinances, all such police and sanitary regulations as are not in conflict
with state law."
1 Wash.App.2d at 407.
Fourth, although the Club claims that the scope of RCW 9.41.290 is broad, the Supreme Court cases
addressing RCW 9.41.290 have limited the scope of preemption.
1 Wash.App.2d at 407-08.
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5
TWO TYPES OF NOISE
REGULATIONS
Commercial Shooting Facility Ordinance Review Committee
Two Types of Noise Regulations
M
1. Regulation of Noise Based on Maximum Noise Levels. Example:
JCC 8.70.050(1).
2. Regulation of Noise Based on Nuisance. Example: JCC
8.70.050(2)-(11).
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Regulation of Noise Based on
Maximum Noise Levels
Commercial Shooting Facility Ordinance Review Committee
Regulation of Noise Based on Maximum Noise Levels
8.70.050 Public nuisance noises.
All of the following are defined as "public nuisance noises":
(1) Suund that originates from the property that exceeds the noise levels permitted by
Chapter 173-60 WAC (Maximum Environmental Noise Levels), as that chapter now exists or
as it may hereafter be amended;
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Regulation of Noise Based on Maximum Noise Levels
WAC 173-60-040
Maximum permissible environmental noise levels.
(1) No person shall cause or permit noise to intrude into the property of another person which
noise exceeds the maximum permissible noise levels set forth below in this section.
(2)(a) The noise limitations established are as set forth in the fallowing table after any applicable
adjustments provided for herein are applied.
EDNA OF EDNA OF
NOISE SOURCE RECEIVING PROPERTY
Class A Class B Class C
CLASS A 55 dBA 57 dBA 60 dBA
CLASS B 57 60 65
CLASS C 60 65 70
(b) Between the hours of 10:00 p.m. and 7:00 a.m. the noise limitations of the foregoing table
shall be reduced by 10 dBA for receiving property within Class A EDNAs.
(c) At any hour of the day or night the applicable noise limitations in (a) and (b) above may be
exceeded for any receiving property by no more than.
(i) 5 dBA for a total of 15 minutes in any one-hour period, or
(ii) 10 dBA for a total of 5 minutes in any one-hour period; or
(iii) 15 dBA for a total of 1.5 minutes in any one-hour period.
[Order 74-32, § 173-60-040, filed 4122175, effective 911175.1
Commercial Shooting Facility Ordinance Review Committee
Regulation of Noise Based on
Nuisance
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WAC 173-60-060—Nuisance Regulations Not Prohibited
WAC 173-60-060
Nuisance regulations not prohibited.
Nothing in this chapter or the exemptions provided herein, shall be construed as
preventing local government from regulating noise from any source as a nuisance.
Local resolutions, ordinances, rules or regulations regulating noise on such a basis
shall not be deemed inconsistent with this chapter by the department.
[Order 74-32, § 173-60-060, filed 4/22/75, effective 9/1/75]
Commercial Shooting Facility Ordinance Review Committee
8.70.050 Public nuisance noises.
All of the following are defined as "public nuisance noises":
(4) Between the hours of 10:00 p.m. and 7:00 a.m. Sunday through Thursday (example: 10:00 p.m. Sunday to 7:00 a.m. Monday) or between
11:00 p.m. and 7:00 a.m. on Friday or Saturday (example: 11:00 p.m. Friday to 7:00 a.m. Saturday), any sound made by persons or by use of
a musical instrument, whistle, sound amplifier, portable audio equipment, or other device, electronic or not, capable of producing or
reproducing sound, which sound emanates frequently, repetitively, or continuously from any social gathering, building, structure, or property,
such as sound originating from a band session, tavern or bar operation, an indoor or outdoor social gathering, and where law enforcement
determines the volume of such sound is such that it can be clearly heard by a person of normal hearing at a location which is (a)150 feet or
more from the source of the sound and (b) not located on the property containing the source of the sound;
(5) Sound from portable audio equipment, including that found in or as part of a motor vehicle audio system, while traveling or parked in public
streets, or in park areas, residential and commercial zones, or any area where residences, schools, human service facilities, or commercial
establishments are in obvious proximity to the source of the sound, and where the volume of such audio equipment is such that law
enforcement determines it can be clearly heard by a person of normal hearing at a distance of 150 feet or more from the source of the sound,
provided, however, that this section shall not apply to persons operating portable audio equipment within a public park pursuant to an event
sanctioned by a responsible authority under valid permit or license;
(8) Sound from the discharge or use of any explosive device between the hours of 10:00 p.m. and 7:00 a.m.;
(11) Sound which law enforcement determines unreasonably disturbs or interferes with the peace, comfort, and repose of one or
more reasonable persons of normal hearing, regardless of the distance between the source of the public nuisance noise and the
person(s) being unreasonably disturbed or annoyed. Under this subsection, a sound meter reading is not necessary to establish
that a public nuisance noise exists;
(12) Any other noise that is otherwise prohibited by state or federal law.
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"Exempt Noise" Related to Shooting
Commercial Shooting Facility Ordinance Review Committee
"Exempt Noise" Related to Shooting
8.70.060 Exempt noises.
Sounds originating from the sources listed here do not constitute a violation of this
chapter, are not "public nuisance noises" and are defined as an "exempt noise"
regardless of where or when they occur, unless otherwise noted.
(18) The lawful discharge of firearms;
(19) Sounds exempted under Chapter 173-60 WAC, as that chapter now exists or as it
may hereafter be amended.
[Ord. 2-15 § 1 (Att. A)]
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"Exempt Noise" Related to Shooting
WAC 173-60-050
Exemptions.
(1) The following shall be exempt from the provisions of WAC 173-60-040 between the hours of 7:00 a.m. and 10:00 p.m.:
(b) Sounds created by the discharge of firearms on guthorized shooting ranges.
WAC 173-60-040
Maximum permissible environmental noise levels.
(1) No person shall Cause or permit noise to intrude into the properly of another person which
noise exceeds the maximum permissible noise levels set forth below in this section.
(2x,) The noise limitations established are as set forth in the following table after any applicable
adjustments provided for herein are applied.
EDNA OF EDNA OF
NOISE SOURCE RECEIVING MCFERW
Gass A Class B Class C
Cuss A 55 dBA 57 dBA 60 dBA
CLASS 5 57 60 65
CLASS C 60 55 70
(b) Between [he hours of 10:00 p.m. and 7:00 a.m. the noise limitations of the foregoing table
shall be reduced by 10 dBA for receiving property within Class A EDNAs.
(c) At any hour of the day or night the applicable noise limitations in (a) and (b) above may be
exceeded for any receiving properly by no more than
(1) 5 dBA for a total of 15 minutes in any one-hour period: or
(i[) 10 dBA for a total of 5 minutes in any one-hour period; or
(fil) 15 dBA for a total of 1.5 minutes in any one-hour period.
[Order 74-32, § 173-60.040, riled 4122176, effective 9/1175.1
Commercial Shooting Facility Ordinance Review Committee
"Exempt Noise" Related to Shooting
RCW 70.107.080
Exemptions.
The department shall, in the exercise of rule-making power under this chapter,
provide exemptions or specially limited regulations relating to recreational
shooting and emergency or law enforcement equipment where appropriate in the
interests of public safety.
The department in the development of rules under this chapter, shall consult and
take into consideration the land use policies and programs of local government.
[ 1974 ex.s. c 183 4 8.]
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"Exempt Noise" Related to Shooting
Kitsap County v. Kitsap Rifle and Revolver Club, 184 Wash.App. 252 2fl1
Sounds created by firearm discharges on authorized shooting ranges are exempt from KCC 10.28.040
(maximum permissible environmental noise levels) and KCC 10.28.145 (public disturbance noises) between
the hours of 7:00 AM and 10:00 PM. KCC 10.28.050. The Washington Department of Ecology also exempts
sounds created by firearms discharged on authorized shooting ranges from its maximum noise level
regulations. RCW 70.107.080; WAC 173-60-050(1)(b). The Code broadly defines "firearm" as "any weapon
or device by whatever name known which will or is designed to expel a projectile by the action of an
explosion," including rifles, pistols, shotguns, and machine guns. KCC 10.24.080(1). As a result, the noise
from the weapons being fired at the Club's range falls within the noise exemption provisions of KCC
10.28.050, and thus is exempt from the maximum permissible environmental noise levels and public
disturbance noise restrictions.
184 Wash.App. at 280.
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Regulation of Shooting Noise Based on Nuisance Not Exempt
Kitsap County v. Kitsap Rifle and Revolver Club, 184 Wash.App. 252 2C1
The Club also argues that the exemption of shooting range noise from the state and local noise ordinances
should be considered an express authority to make that noise. This argument is based on RCW 7.48.160,
which provides that nothing done or maintained under the express authority of a statute can be deemed a
nuisance.
We interpret RCW 7.48.160 as requiring a direct authorization of action to escape the possibility of nuisance.
See Judd v. Bernard, 49 Wash.2d 619, 621, 304 P.2d 1046 (1956) (State's eradication of fish in lake is not a
nuisance because a statute authorizes the fish and wildlife department to remove or kill fish for game
management purposes). There is no such direct authorization here. We hold that the noise exemption and
RCW 7.48.160 do not foreclose the County's nuisance claim based on noise.
184 Wash.App. at 281.
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Adoption of Local Noise Ordinances
Commercial Shooting Facility Ordinance Review Committee
WAC 173-60-100—Cooperation With Local Government
WAC 173-60-110
Cooperation with local government.
(1) The department conceives the function of noise abatement and control to be primarily the role of
local government and intends actively to encourage local government to adopt measures for noise abatement
and control. Wherever such measures are made effective and are being actively enforced, the department
does not intend to engage directly in enforcement activities.
(2) No ordinance or resolution of any local government which imposes noise control
requirements differing from those adopted by the department shall be effective unless and until
approved by the director. If approval is denied, the department, following submission of such local ordinance
or resolution to the department, shall deliver its statement or order of denial, designating in detail the specific
provision(s) found to be objectionable and the precise grounds upon which the denial is based, and shall
submit to the local government, the department's suggested modification.
(3) The department shall encourage all local governments enforcing noise ordinances pursuant to
this chapter to consider noise criteria and land use planning and zoning.
[Statutory Authority: Chapter 70.107 RCW.j
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RCW 70.107.060(3)—Local Regulation—Approval—Procedure
RCW 70.107.060
Other rights, remedies, powers, duties and functions—Local regulation—Approval—Procedure.
(3) Standards and other control measures adopted by the department under this chapter shall be exclusive
except as hereinafter provided. A local government may impose limits or control sources differing from those
adopted or controlled by the department upon a finding that such requirements are necessitated by special
appeal the decision to the pollution control hearings board which shall decide the appeal on the basis of the
provisions of this chapter, and the applicable regulations, together with such briefs, testimony, and oral
argument as the hearings board in its discretion may require. The department determination of whether to
grant approval shall depend on the reasonableness and practicability of compliance. Particular attention shall
be given to stationary sources located near jurisdictional boundaries, and temporary noise producing
operations which may operate across one or more jurisdictional boundaries.
Commercial Shooting Facility Ordinance Review Committee
QUESTIONS?
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APPENDIX 3
ORDINANCE NO. 515 -2014
AN ORDINANCE AMENDING KITSAP COUNTY CODE CONCERNING
SHOOTING RANGES
WHEREAS, Kitsap County has experienced a substantial increase in population density in areas
proximate to its existing shooting ranges and the County has an interest in ensuring the
compatibility of shooting ranges with their surroundings and in minimizing potential safety
hazards created by the operation of shooting ranges; and
WHEREAS, shooting ranges benefit Kitsap County by providing its residents 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 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 RCW 9.41.300(2) provides that a
county may also, 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, the Kitsap County Board of Commissioners (Board) finds that the requirement of
an operating permit for the establishment and operation of all shooting ranges provides assurance
of the safe conduct of recreational and educational shooting activities in Kitsap County.
BE IT ORDAINED:
Section 1. Kitsap County Code, Chapter 10.24, last amended by Ordinance 500-2013 is hereby
repealed in its entirety.
NEW SECTION. Section 2. A new Chapter 10.25 "Firearms Discharge" is added to the Kitsap
County Code as follows:
Article 1 — No -Shooting Areas
10.25.010 — Definitions
10.25.020 — Discharge of Firearms — Areas where Prohibited
10.25.030 — Exceptions
10.25.040 — Designation of additional no -shooting areas through petition method.
Article 2—
Ranges
10.25.060
— Purpose
10.25.070
— Definitions
10.25.090—
Ranges — Operating Permit required.
10.25.110
— Shooting facility environmental controls.
10.25.120
—Review Committee
10.25.130
—Exceptions.
10.25.140—Application
and construction of this Chapter.
Article 1— No -Shooting Areas
10.25.010 Definitions.
The following definitions shall apply in the interpretation and enforcement of the ordinance
codified in this article:
(1) "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, pistols, shotguns and machine guns. 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) "Ordinary high water mark" means that mark on all lakes, streams and tidal water which will
be found by examining the bed and banks in ascertaining where the presence and action of
waters are so common and usual and so long continued in all ordinary years as to mark upon the
soil a characteristic distinct from that of the abutting upland in respect to vegetation; provided,
that in any area where the ordinary high water mark cannot be found the ordinary high water
mark adjoining salt water shall be the line of mean higher high tide.
(3) "Range" means a place set aside and designated for the discharge of firearms for individuals
wishing to practice, improve upon or compete as to their shooting skills.
(4) "Shoreline" means the border between a body of water and land measured by the ordinary
high water mark.
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10.25.020 Discharge of firearms —Areas where prohibited.
(1) The discharge of firearms is prohibited within five hundred yards of any shoreline in the
unincorporated areas of Kitsap County.
(2) The discharge of firearms in the unincorporated areas of Kitsap County is further prohibited
in the following instances:
(a) In any area designated as a "no shooting" area pursuant to Section 10.25.040 of this
chapter; specifically:
(i) Section 23, Township 25, Range 1 West, Willamette Meridian, Kitsap County,
Washington, except for the following area: The southwest quarter except that portion
lying northeast of the Seabeck Highway, of Section 23, Township 25, Range 1 West,
Willamette Meridian;
(ii) That area bounded on the west by Bethel -Burley Road, on the north by
Burley-Olalla Road, on the east by Bandix Road, and on the south by the Kitsap
County/Pierce County line;
(iii) That area bounded on the west by a line that begins at the southwest corner of
tax parcel number 252301-4-012-1009, thence in a straight line northeasterly to the
northeast corner of tax parcel number 252301-1-019-1008, thence north along the east
boundary of tax parcel number 252301-1-018-1009 to its intersection with the south
boundary of tax parcel number 252301-4-013-1009, thence west along said south
boundary to the southwest corner of said tax parcel, thence north along the western
boundary of said tax parcel to the intersection of Southwest Lake Flora Road, thence
easterly along the southerly right-of-way of said road to its intersection with J. M
Dickenson Road Southwest, thence southwesterly along the westerly right-of-way of said
road to its intersection with the eastern boundary of tax parcel number 252301-4-018-
1003, thence north along said boundary to the northeast corner of said parcel, thence west
along the northern boundary of said parcel to the Alpine Lake No -Shooting Area.
(b) On any parcel of land less than five acres in size;
(c) Towards any building occupied by people or domestic animals or used for the storage
of flammable or combustible materials where the point of discharge is within five hundred yards
of such building;
(d) Later than %2 hour after sunset or earlier than %2 hour before sunrise unless otherwise
authorized under state hunting regulations.
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(e) Within five hundred yards of the following lakes located, in whole or in part, in the
unincorporated areas of Kitsap County: Long Lake, Kitsap Lake, Wildcat Lake, Panther Lake,
Mission Lake, Tiger Lake, William Symington Lake, Tahuya Lake, Island Lake, Horseshoe
Lake, Carney Lake, Wye Lake, Buck Lake, Fairview Lake and Bear Lake.
(f) Nothing in this section shall be construed or interpreted as abridging the right of the
individual guaranteed by Article I, Section 24 of the state Constitution to bear arms in defense of
self or others.
10.25.030 Exceptions.
The provisions of Section 10.25.020 shall not apply to the discharge of firearms:
(1) By law enforcement officers, including Washington State Department of Fish and
Wildlife officers, or security personnel in the course of their official duties;
(2) On a shooting range, provided that any such range shall comply with the criteria for
ranges adopted by the Kitsap County board of commissioners pursuant to Article 2 of this
chapter;
(3) In the course of farm slaughter activities.
10.25.040 Designation of additional no -shooting areas through petition method.
(1) The establishment or disestablishment of a "no shooting" area in addition to those described
in Section 10.25.020 may be requested by petition by the registered voters residing in such
proposed additional areas. Such petition may include a request that the discharge of certain types
of firearms be nevertheless allowed during certain times and under certain conditions. The
superintendent of a school district may also request by petition that school property within that
district which is located in the unincorporated area of Kitsap County and on which a building
having an occupancy classification of "E" under the Uniform Building Code is situated, together
with the area within five hundred yards of the school property's perimeter, be designated as a "no
shooting" area. Any such petition shall be presented to the Kitsap County board of
commissioners and shall substantially comply in content with the following criteria:
(a) The proposed area shall contain a minimum of fifty dwelling units or, in the
alternative, a minimum area of one square mile;
(b) The proposed area shall have readily identifiable boundaries, which shall be shown on
a map attached to the petition;
(c) A petition requesting that the discharge of certain types of firearms be nevertheless
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allowed during certain times and under certain conditions shall set forth with specificity the types
of firearms, times and conditions being proposed;
(d) The petition for the proposed area shall bear the signatures of at least fifty-one percent
of the proposed area's registered voters; provided, however, that a petition for a "no shooting"
area involving school property need be signed only by the superintendent of the school district in
which the school property is located.
(e) Ranges permitted under Article 2 of this chapter shall not be declared a no -shooting
area by petition method.
(2) A petition for a "no shooting" area shall be in substantially the following form:
PETITION TO CREATE A "NO SHOOTING" AREA
To: The Kitsap County Board of Commissioners
We, the undersigned citizens of Kitsap County, State of Washington, being legally
registered voters within the respective precincts set opposite our names, do hereby
respectfully request that the area generally known as be
established as a "No Shooting" area pursuant to Kitsap County Code Sectionl0.25.020.
We further request that the discharge of certain types of firearms, commonly known as
be nevertheless allowed during certain times of the year,
namely, , under the following conditions:
1.
2.
3.
4.
5.
The proposed area's boundaries are shown on the attached map and are generally
described as follows:
[Here insert proposed area boundary description]
Each of us says:
(1) I am a legally registered voter of the State of Washington in the precinct written after
my name below.
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(2) The portion of such precinct within which I reside is included within the proposed
"No Shooting" area.
(3) My residence address is correctly stated below.
(4) I have personally signed this petition.
Petition Name
and Signature
Precinct
Name
Residence Address
Number and Street
City or PO
Box No.
Zip Code
Failure of a petition to comply with any of the above format shall not automatically
invalidate such petition but shall be a matter for consideration by the Kitsap County
board of commissioners as to whether the intent and standards of this section have been
met.
(3) Upon the receipt of such a petition, the board of commissioners shall forward the petition to
the Kitsap County auditor for verification of the signature requirements of this section. Upon the
return of area verification from the auditor, the board shall set the matter for consideration at the
next regularly scheduled public hearing or as soon thereafter as it may appropriately be heard.
(4) At any time after one year from the effective date of the establishment of a "no shooting" area
pursuant to this section, the residents of such area may seek abrogation of such by the same
procedure provided in this section for the establishment of a "no shooting" area, provided
however, that in the event of such abrogation, Section 10.25.020 of this chapter shall remain in
full force and effect as to that area.
Article 2— Shooting Ranges
10.25.060 Purpose.
The purpose of this Article is to provide for and promote the safety of the general public by
establishing a permitting procedure and rules for the development and operation of shooting
range facilities. The shooting range standards adopted herein are intended to protect and
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safeguard participants, spectators, neighboring properties and the public, while promoting the
continued availability of shooting ranges for firearm education, practice in the safe use of
firearms, and recreational firearm sports.
10.25.070 Definitions.
The following definitions shall apply in the interpretation and enforcement of the ordinance
codified in this article:
(1) "Backstop" means a device constructed to stop or redirect bullets fired on a range, usually
directly behind the target line.
(2) "Baffles" means barriers to contain bullets and/or to reduce, redirect or suppress sound
waves. Baffles are placed either overhead, alongside or at ground level to restrict or interrupt
errant or off -the -target shots.
(3) "Ballistic trauma" means a form of physical trauma sustained from the discharge of arms or
munitions. Commonly it is the penetration of the body by a bullet, marked by a small entrance
wound and a larger exit wound. The wound is usually accompanied by damage to blood vessels,
bones, and other tissues.
(4) `Berm" means an embankment used for restricting bullets to a given area, or as a protective
or dividing wall between shooting areas.
(5) "Buffer" means a non -clearing native vegetation area which is intended to protect the
functions and values of critical areas.
(6) "Cowboy action shooting" means a type of match utilizing one or a combination of pistol(s),
rifle, and/or shotgun in a variety of "old west themed" courses of fire for time and accuracy.
(7) "Department" means the Kitsap County Department of Community Development.
(8) "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, pistols, shotguns and machine guns. 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.
(9) "Firing Line" means a line parallel to the targets from which firearms are discharged.
(10) "Firing point" means a location from which one individual fires at an associated target down
range.
(11) "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.
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(12) "Integrated Lead Management Program Plan" means a written plan that details the specific
design and operational elements that a shooting range employs to control and contain lead bullets
and bullet fragments; prevents the migration of lead to surface and ground waters; removes
accumulated lead bullets and bullet fragments from the shooting range for recycling; and,
documents and reports the plans implementation work.
(13) "Life Safety Violation" means an incident that causes substantial bodily harm to an
individual or domestic animal, e.g., a bullet wound resulting in a 911 notification; or damage to a
structure that results in a call to 911, Sheriff's Office, or the Department for investigation.
(14) "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. Physical barriers include
baffles, sidewalls, backstops and berms of adequate design, quantity and location to ensure that
no errant projectiles can escape the shooting range,
(15) "Practical shooting" means a sport which challenges an individual's ability to shoot rapidly
and accurately with a full -power handgun, rifle, or shotgun. 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.
(16) "Range Officer (RO)" or "Range Safety Officer (RSO)" or "safety officer" means a person
or persons appointed by the operators of a shooting facility to oversee the safe discharge of
firearms in accordance with any conditions of permit approval and any other additional safety
rules and procedures adopted by the operators of the shooting facility.
(17) "Routine maintenance" means simple, small-scale activities (e.g., repairing berms using less
than 150 cubic yards of soil; repairing structures such that a building permit is not required under
county code, etc.) associated with regular (daily, weekly, monthly, etc.) and general upkeep of a
structure of existing building, firing line, target line, parking lots, etc. Routine maintenance
activities are associated with maintaining a facility in its original condition; expansion and
construction of new firing positions on a firing line, new ranges, etc. are not routine
maintenance.
(18) "Rules and Regulations" means standards used in the operation of a Facility. Rules and
regulations are set up to govern the Facility operations and are normally part of the facility's
safety plan.
(19) "Safety fan" means all areas in or around a range where projectiles, including errant
projectiles, may impact or ricochet. The length of the safety fan extends to the maximum range
of the cartridge and firearm used on the firing range unless adequate physical containment is
provided. When physical containment is adequate, the safety fan is limited to the area within the
containment.
(20) "Safety Plan" means the written procedures and or policies of a shooting facility specifically
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defining the safety requirements utilized at that facility.
(21) "Shooting facility" or "facility" means an entity with a site having one or more shooting
ranges, but does not include residential property.
(22) "Shooting range" or "range" means a place set aside and designated for 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.
(23) "Skeet shooting" means a shotgun shooting sport where firer is on the firing line and fires at
targets launched from two houses in a somewhat sideways paths that intersect in front of the
shooter.
(24) "Sporting Clays" means a form of Clay Pigeon Shooting which consists of multiple
shooting stations laid out over natural terrain such that target presentations simulate the
unpredictability of live quarry shooting.
(25) "Target Line" means the line where targets are placed.
(26) "Trap shooting" means a shotgun shooting sport where a firer on the firing line shoots at
targets launched from a single launching point and generally away from the shooter.
(27) "Wetlands" means those areas that are inundated or saturated by surface or ground water at
a frequency and duration sufficient to support, and that under normal circumstances do support, a
prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands
generally include, but are not limited to swamps, marshes, estuaries, bogs, and ponds less than
twenty acres, including their submerged aquatic beds and similar areas. Wetlands do not include
those artificial wetlands intentionally created from non -wetland sites, including, but not limited
to, irrigation and drainage ditches, grass -lined swales, canals, storm water facilities, wastewater
treatment facilities, farm ponds, and landscape amenities, or those wetlands created after July 1,
1990, that were unintentionally created as a result of the construction of a road, street, or
highway. Wetlands include those artificial wetlands intentionally created from non -wetland areas
to mitigate the conversion of wetlands.
10.25.090 Ranges — Operating Permit required.
(1) Shooting facilities shall be authorized and operated in accordance with an operating permit
issued by the department. The operating permit shall govern the facilities and scope of operations
of each shooting facility, and shall be issued, denied or conditioned based upon the standards set
forth in this Article. No proposed or existing shooting facility may operate without an operating
permit issued pursuant to this chapter, except as provided in section (2) herein. This operating
permit is not intended to alter the legal nonconforming use status and rights of existing ranges,
which are governed by Title 17 Kitsap County Code (KCC) and the common law, nor shall this
operating permit authorize expansion of range uses which otherwise require approval pursuant to
a Conditional Use Permit or other land use permits per Title 17 KCC. Failure to obtain a range
operational permit will result in closure of the range until such time a permit is obtained. Ranges
that operate without a permit are subject to code compliance enforcement, including but not
limited to injunctive relief.
(2) Each owner or operator of a shooting facility shall apply for and obtain an operating permit.
The owner or operator of a proposed new shooting facility shall apply for the facility operating
permit at the time of application for any necessary building or land use permits. The owner or
operator of an established shooting facility in active use on the effective date of this ordinance
shall apply for the initial facility operating permit not later than 90 days after the effective date of
this ordinance. A shooting facility operating permit is valid for five (5) years from the date of
issuance or renewal. The owner or operator of each facility shall apply for a permit renewal at
least thirty (30) days prior to the date of current permit expiration.
(3) In reviewing a new application for a shooting facility operating permit, or renewal of an
existing permit, the department shall be guided by the current edition of the "NRA Range Source
Book" published by the National Rifle Association. Reference to the NRA Range Source Book
may not be used as the basis for any claim of civil liability against the NRA or against Kitsap
County or its officers, directors, employees, agents or representatives based upon deviation from,
citation to, or reliance upon the NRA Range Source Book.
(4) Shooting facilities shall meet the following standards:
(a) Each shooting range within a shooting facility shall be designed, constructed, operated
and maintained to contain bullets, shot or other discharged projectiles within the facility
property. A shooting facility shall use the NRA Range Source Book, or other engineered
specifications that meet or exceed the standards established by the Source Book, as a
minimum to develop and implement institutional and facility controls for the safe operation,
improvement and construction of shooting ranges. Facilities should engineer and construct
facilities to reduce sound impacts on neighboring communities to the maximum extent
feasible.
(i) Rifle and pistol ranges that allow modern smokeless powder cartridges or center -fired
cartridges shall provide adequate physical containment of projectiles in addition to any
institutional controls. Adequate physical containment requires the use of the appropriate
combination of overhead baffles, impact berms and sidewalls or side berms.
(ii) Overhead baffles shall be constructed of material of sufficient design to stop and
contain any projectile fired from the most powerful cartridge authorized for use on that
specific range, shall be placed at intervals that are sufficient to eliminate the possibility of
a projectile to be fired over the top of any preceding or successive baffle, and shall extend
downrange far enough to prohibit a projectile being fired over the top of the impact berm.
(iii) Impact berms shall be constructed of material of sufficient height and thickness to
stop and contain any projectile fired from the most powerful cartridge authorized for use
on that specific range at any elevation that is not contained by the last overhead baffle. The
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surface of the impact berm should be free of large rocks and debris to reduce ricochet.
(iv) Sidewalls or side berms shall be constructed of material of sufficient height and
thickness that will stop and contain any projectile fired from the most powerful cartridge
authorized for use on that specific range at any elevation that is not contained by an
overhead baffle or impact berm.
(b) Each shooting range shall have a Safety Plan as described herein. Each shooting range
shall be used only for the shooting activities identified in the Safety Plan.
(c) Designs and safety procedures shall be evaluated by an NRA Range Technical Team
Advisor (RTTA) or by a professional engineer with experience in shooting facilities or other
qualified professional consultant with experience and expertise in the evaluation and design
of shooting ranges. Qualified professional consultants must demonstrate their education,
experience and expertise by identifying their certifications from nationally recognized
shooting organizations that provide such certifications, the number and location of shooting
facilities they have designed or evaluated and contact information for those facilities. Their
home facility will not count towards this qualification.
(d) A shooting facility shall have at least one qualified safety officer present when open to the
public. When the facility is closed to the public, a facility member who has passed the
minimum training requirements of the range shall be present.
(e) Shooting facilities shall meet all applicable local fire codes when storing explosives.
(f) A shooting range may not be used for training of units of any branch of the United States
military, National Guard or Reserve Forces, or Homeland Security, unless the facility's
application identifies all proposed activities, types and calibers of firearms to be used, and the
facility is currently certified by the regional command as meeting the service's range safety
manuals and standards. This does not restrict individual members of the military, National
Guard or Reserve Forces, or Homeland Security to use a shooting facility for improving their
individual skills with privately owned firearms.
(g) A facility may allow the use of exploding targets (e.g. Tannerite, etc.) as provided in this
subsection. Use of exploding targets is limited to one day per calendar month during a
designated four-hour period between the hours of 9 a.m. to 5 p.m. The facility must
designate the day and time of use in its application. If used, exploding targets must meet
parameters defined and identified in the Safety Plan, including that exploding targets shall
only be used within the parameters defined by the manufacturer, and shall not exceed one-
half pound of mixture. A facility allowing use of exploding targets shall demonstrate how it
mitigates the noise impacts on surrounding neighbors. Mitigation may be an approved
bunkering system that surrounds the target on three sides and forces the sound back towards
the shooter and upward.
(h) If a facility utilizes cannon(s) for audio effect purposes, a noise variance per Ch. 10.28
it
KCC shall be required.
(i) All shooting facilities shall provide a means for participants and spectators to readily
contact emergency services such as fire or medical aid.
0) Shooting facilities within 500 yards of a shoreline, wetland or wetland buffer must orient
the firing away from these areas or demonstrate how bullets are contained so that they do not
enter these areas.
(k) Firing lines, targets and target lines must be located so that the direction of fire is not
toward any structure housing people or domestic animals located within 500 yards of the
point of discharge.
(0 Shooting facilities conducting cowboy action shooting, practical shooting, and similar
sports shooting matches must meet the following requirements:
(i) A shooting facility is limited to two (2) competition events per calendar month; and
(ii) All such competition events or practices shall take place on a range constructed in
compliance with section (4)(a); and
(iii) For any competition event or practice in which shooting takes place where overhead
baffling is not present, an on -duty range control officer must be present at the practice
site alongside the shooter; and
(iv) For practice in which shooting takes place where overhead baffling is not present, the
facility must limit the hours of practice to daylight hours between nine (9) a.m. to five (5)
p.m.; and
(v) Practice must be restricted to one range at any given time.
(5) Application contents. The application for an initial shooting facility operating permit shall
include the following documents:
(a) A Safety Plan, which shall include:
(i). Firearm handling rules, general range rules, specific range rules and administrative
rules and regulations established by the owner/operator to include any firearms and or
caliber restrictions on specific shooting areas.
(ii) Emergency Plan, to include provision for timely notification to the Kitsap County
Sheriff's Office and to the department of any type of ballistic trauma with initial
notification within a 96 hour time period. The accidental or unintended release of a bullet
from a shooting area shall be documented by the facility and available for inspection by
the department as requested.
(iii) Brief description of the facility training plan for Range Safety Officers and others.
(iv) Ranges conducting cowboy action shooting, practical shooting, and similar sports
shooting matches shall follow the guidelines established by the sporting association that
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governs such matches and include it in the Safety Plan. The facility will identify the
association governing the match and attach the safety guidelines to the permit
application. If no such guidelines exist, then as a minimum, each shooter will have a
range control officer within arm's length to ensure control of the direction of the firearm's
muzzle. The range control officer can also perform as the timer of these activities.
(b) Shooting facility layout and design which shall include:
(i) Dimensional drawings of physical layout to include orientation of each shooting area,
location and description of terrain and any natural vegetation, and locations of critical
areas, buildings, structures, fences, gates, roadways, trails, foot paths, major lighting,
signage, and parking areas.
(ii) Locations of firing lines or firing points, target lines and impact areas to include any
backstops, berms, containment structures and any baffles or side containment structures.
(iii) For practical shooting ranges without overhead baffles, a safety fan diagram based on
the most powerful cartridge proposed to be shot on the range.
(c) An evaluation of the facility design and Safety Plan.
(i) The evaluation must be performed by a NRA Range Technical Team Advisor (RTTA)
or a Professional Engineer with expertise in the design of shooting ranges that reports any
safety issues or proposed uses which are inconsistent with the NRA Range Source Book
for facility designs and institutional controls or qualified consultant that meets the
credentials previously stated. The evaluation must be in written form and signed by the
evaluator.
(ii) The department may, at County expense, arrange for an additional or independent
inspection and evaluation of the shooting facility, including the facility's uses and
institutional controls described in an application for an operating permit. In cases where
there is dispute between the evaluation provided by the facility and the evaluation
performed at the option of the county, the dispute shall be decided by the Hearing
Examiner pursuant to KCC Title 21.
(d) For exploding targets used on a facility, plans for mitigation of noise impacts on
neighbors.
(6) Each owner or operator of a shooting facility must apply to the department for an
amendment to the operating permit when additional firing lines, firing lanes, or shooting ranges
are proposed or the design of any facility range is altered beyond the scope of the original permit
approval. Such proposed changes shall not be implemented prior to department approval.
(a) Routine maintenance of existing berms, backstops, structures and facilities shall not be
construed as a change requiring an amendment to an operating permit.
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(b) Changes to shotgun range configuration or Safety Plan procedure shall not be construed as
a change requiring an amendment to an operating permit if the discharged shot is wholly
contained on the shooting facility property.
(c) Changes to rifle or pistol range configuration or Safety Plan procedure shall not be
construed as a change requiring an amendment to an operating permit if the direction of fire
and safety structures are not altered and the safety procedures are not reduced.
(7) An application for renewal of an operating permit shall include a current copy of the facility
Safety Plan. Permit renewal does not require the submittal of layout and design documents or a
written evaluation by an RTTA or Professional Engineer if the shooting facility range design has
not been altered from previously approved submittals. However, the application must include a
written statement by the owner of the facility declaring that no such changes have been made.
(8) During the operating permit review or renewal process, the department shall inspect the
facility to determine that the ranges are consistent with the application descriptions and to assess
any deficiencies or corrective actions necessary to meet the intent of this Article. The
department shall inform the applicant of any deficiencies or corrective actions to be taken and
allow a reasonable time for the owner/operator to take corrective action. The department may re-
inspect the facility to verify corrective action.
(9) Application for a new or renewed operating permit shall be processed, reviewed and be
appealable under the procedures for a Type I Director's Decision pursuant to KCC Title 21.
Permit renewals shall be issued without additional restrictions provided there have been no
substantial changes to range design or operation. Permit renewals may not be unreasonably
withheld. Shooting facilities shall be allowed to continue operations while a review of a permit
renewal is performed.
(10) Upon receiving evidence of noncompliance with the operating permit or receiving evidence
of a reasonable likelihood that humans, domestic animals, or property have been or will be
jeopardized, the department will contact the shooting facility within 24 hours and will give the
facility a written notice of the complaint. The owner/operator shall make the facility available for
inspection not later than 48 hours after receiving a request for an inspection.
(a) If the department concludes there is a life safety violation of this Article or the terms of the
operating permit, the department may suspend or modify the permit to close the range or
modify range operations and shall provide the owner/operator a written notice that shall set
forth each claimed violation with a specific reference to the applicable Article provision
and/or permit condition. The owner or operator shall have thirty (30) days to respond in
writing and to take any necessary corrective measures. The department shall be provided
access to the shooting facility to verify compliance after providing notice and scheduling an
appointment. An operational range permit that has been suspended requires the shooting
facility to cease any firing activities.
(b) A department decision to suspend, modify, or revoke an operating permit may be appealed
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to the Hearing Examiner pursuant to Title 21 KCC.
(11) Nothing in this section or any other provision of this Article shall be construed as
authorizing an application or a permit for a 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 Ch. 10.25 KCC
Article 1. Shooting ranges in such areas are expressly prohibited. Nothing in this Article shall be
construed as permitting the discharge of firearms the ownership or possession of which is
otherwise prohibited by law. Nothing in this Article shall be construed as permitting the use or
possession of a firearm by an individual who is otherwise prohibited by law from owning or
possessing that firearm.
10.25.110 Shooting facility environmental controls.
Each shooting facility operator shall develop and submit an Integrated Lead Management
Program Plan to reclaim lead deposited by shooting activities. This plan will be reviewed by the
Kitsap Public Health District.
10.25.120 Review committee.
The Kitsap County Board of Commissioners may direct the Director of Community
Development to establish a review committee to evaluate proposed changes to the shooting
facility requirements governed by this Article. The committee will consist of the Director of the
Department of Community Development or the Director's designee (chair), Kitsap County
Sheriff or the Sheriff's designee, a representative of each currently permitted shooting facility in
unincorporated Kitsap County and an equal number of citizens -at -large appointed by the Kitsap
County Board of Commissioners. The citizens -at -large shall go through the appropriate
application process. An appointed citizen -at -large may not be a member of or affiliated with any
established shooting facility in unincorporated Kitsap County.
10.25.130 Exceptions.
(1) Shooting facilities and ranges that solely conduct trap, skeet, sporting clay or five stand
shooting operations are exempt from this ordinance if they meet the following conditions:
(a) Shells fired are not greater than #7 %2 shot; and
(b) The facility has sufficient land to contain all shot fired.
10.25.140 Application and construction of this Chapter.
A facility may not generate noise at a level that creates a public nuisance. Notwithstanding any
other provision in this chapter, upon obtaining a ruling from a court of record that a shooting
facility has been found to create a public nuisance, the department may require additional noise,
15
environmental or safety controls as a condition of continuing a shooting facility operating permit.
No provision of this chapter shall act to nullify or render void the terms of any existing or future
injunctive order issued by a court of record pertaining to operations or activities at a shooting
range or shooting facility. No provision of this chapter shall be construed to allow or authorize
the discharge of firearms otherwise prohibited by state or federal law.
Section 3. Severability. If any provision of this ordinance or its application to any person or
circumstance is held invalid or unconstitutional, the remainder of the ordinance or its application
to other persons or circumstances shall not be affected.
Section 4. Recitals. The recitals herein shall be findings of fact and are incorporated herein by
reference.
Section 5. Effective Date. This Ordinance shall take effect on the earlier of (a) the date of
approval by the Washington Department of Ecology pursuant to WAC 173-60-110; or (b) ninety
(90) days after submittal to the Department of Ecology pursuant to RCW 70.107.060. The
department shall notify existing shooting ranges subject to this ordinance of the effective date.
ADOPTED thisMda'yof& J�C 2014.
BOARD OF COUNTY COMMISSIONERS
KITSAP COUNTY, WASHINGTON
G
Py 4f CHARLOTTE GARRIDO, Chair
O�g,�PT E p'`•r`rip
Q: :m
o:
m ROBERT GELDER, Commissioner
• TG'' '•� �q p!� CO
LINDA STREISSGUTH, Commissioner
16
ATTEST:
Dana Daniels, Clerk of the Board
APPROVED AS TO FORM:
Deputy Pr ec&ing Attorne'
17
APPENDIX 4
WAC 197-11-960
Environmental checklist.
ENVIRONMENTAL CHECKLIST
Purpose of checklist:
The State Environmental Policy Act (SEPA), chapter 43.21C RCW, requires all
governmental agencies to consider the environmental impacts of a proposal before making
decisions. An environmental impact statement (EIS) must be prepared for all proposals with
probable significant adverse impacts on the quality of the environment. The purpose of this
checklist is to provide information to help you and the agency identify impacts from your
proposal (and to reduce or avoid impacts from the proposal, if it can be done) and to help the
agency decide whether an EIS is required.
Instructions for applicants:
This environmental checklist asks you to describe some basic information about your
proposal. Governmental agencies use this checklist to determine whether the environmental
impacts of your proposal are significant, requiring preparation of an EIS. Answer the questions
briefly, with the most precise information known, or give the best description you can.
You must answer each question accurately and carefully, to the best of your knowledge. In
most cases, you should be able to answer the questions from your own observations or project
plans without the need to hire experts. If you really do not know the answer, or if a question does
not apply to your proposal, write "do not know" or "does not apply." Complete answers to the
questions now may avoid unnecessary delays later.
Some questions ask about governmental regulations, such as zoning, shoreline, and landmark
designations. Answer these questions if you can. If you have problems, the governmental
agencies can assist you.
The checklist questions apply to all parts of your proposal, even if you plan to do them over a
period of time or on different parcels of land. Attach any additional information that will help
describe your proposal or its environmental effects. The agency to which you submit this
checklist may ask you to explain your answers or provide additional information reasonably
related to determining if there may be significant adverse impact.
Use of checklist for non project proposals:
For non -project proposals complete this checklist and the supplemental sheet for non -project
actions (Part D). The lead agency may exclude any question for the environmental elements (Part
B) which they determine do not contribute meaningfully to the analysis of the proposal.
For non -project actions, the references in the checklist to the words "project," "applicant,"
and "property or site" should be read as "proposal," "proposer," and "affected geographic area,"
respectively.
A. BACKGROUND
1. Name of proposed project, if applicable:
2. Name of applicant:
3. Address and phone number of applicant and contact person:
4. Date checklist prepared:
5. Agency requesting checklist:
6. Proposed timing or schedule (including phasing, if applicable):
1
7. Do you have any plans for future additions, expansion, or further activity related to or
connected with this proposal? If yes, explain.
8. List any environmental information you know about that has been prepared, or will be
prepared, directly related to this proposal.
9. Do you know whether applications are pending for governmental approvals of other proposals
directly affecting the property covered by your proposal? If yes, explain.
10. List any government approvals or permits that will be needed for your proposal, if known.
11. Give brief, complete description of your proposal, including the proposed uses and the size of
the project and site. There are several questions later in this checklist that ask you to describe
certain aspects of your proposal. You do not need to repeat those answers on this page. (Lead
agencies may modify this form to include additional specific information on project description.)
12. Location of the proposal. Give sufficient information for a person to understand the precise
location of your proposed project, including a street address, if any, and section, township, and
range, if known. If a proposal would occur over a range of area, provide the range or boundaries
of the site(s). Provide a legal description, site plan, vicinity map, and topographic map, if
reasonably available. While you should submit any plans required by the agency, you are not
required to duplicate maps or detailed plans submitted with any permit applications related to
this checklist.
B. ENVIRONMENTAL ELEMENTS
1. Earth
a. General description of the site (circle one): Flat, rolling, hilly, steep slopes, mountainous,
other......
b. What is the steepest slope on the site (approximate percent slope)?
c. What general types of soils are found on the site (for example, clay, sand, gravel, peat, muck)?
If you know the classification of agricultural soils, specify them and note any agricultural land of
long-term commercial significance and whether the proposal results in removing any of these
soils.
d. Are there surface indications or history of unstable soils in the immediate vicinity? If so,
describe.
e. Describe the purpose, type, total area, and approximate quantities and total affected area of
any filling, excavation, and grading proposed. Indicate source of fill.
f. Could erosion occur as a result of clearing, construction, or use? If so, generally describe.
g. About what percent of the site will be covered with impervious surfaces after project
construction (for example, asphalt or buildings)?
h. Proposed measures to reduce or control erosion, or other impacts to the earth, if any:
2. Air
a. What types of emissions to the air would result from the proposal during construction,
operation, and maintenance when the project is completed? If any, generally describe and give
approximate quantities if known.
b. Are there any off-site sources of emissions or odor that may affect your proposal? If so,
generally describe.
c. Proposed measures to reduce or control emissions or other impacts to air, if any:
3. Water
a. Surface:
1) Is there any surface water body on or in the immediate vicinity of the site (including year-
round and seasonal streams, saltwater, lakes, ponds, wetlands)? If yes, describe type and provide
names. If appropriate, state what stream or river it flows into.
2) Will the project require any work over, in, or adjacent to (within 200 feet) the described
waters? If yes, please describe and attach available plans.
3) Estimate the amount of fill and dredge material that would be placed in or removed from
surface water or wetlands and indicate the area of the site that would be affected. Indicate the
source of fill material.
4) Will the proposal require surface water withdrawals or diversions? Give general
description, purpose, and approximate quantities if known.
5) Does the proposal lie within a 100 -year flood plain? If so, note location on the site plan.
6) Does the proposal involve any discharges of waste materials to surface waters? If so,
describe the type of waste and anticipated volume of discharge.
b. Ground:
1) Will groundwater be withdrawn from a well for drinking water or other purposes? If so,
give a general description of the well, proposed uses and approximate quantities withdrawn from
the well? Will water be discharged to groundwater? Give general description, purpose, and
approximate quantities if known.
2) Describe waste material that will be discharged into the ground from septic tanks or other
sources, if any (for example: Domestic sewage; industrial, containing the following chemicals...;
agricultural; etc.). Describe the general size of the system, the number of such systems, the
number of houses to be served (if applicable), or the number of animals or humans the system(s)
are expected to serve.
c. Water runoff (including storm water):
1) Describe the source of runoff (including storm water) and method of collection and
disposal, if any (include quantities, if known). Where will this water flow? Will this water flow
into other waters? If so, describe.
2) Could waste materials enter ground or surface waters? If so, generally describe.
3) Does the proposal alter or otherwise affect drainage patterns in the vicinity of the site? If
so, describe.
d. Proposed measures to reduce or control surface, ground, runoff water, and drainage pattern
impacts, if any:
4. Plants
a. Check the types of vegetation found on the site:
— Deciduous tree: Alder, maple, aspen, other
— Evergreen tree: Fir, cedar, pine, other
— Shrubs
— Grass
— Pasture
Crop or grain
Orchards, vineyards or other permanent crops.
— Wet soil plants: Cattail, buttercup, bulrush, skunk cabbage, other
— Water plants: Water lily, eelgrass, milfoil, other
— Other types of vegetation
b. What kind and amount of vegetation will be removed or altered?
c. List threatened and endangered species known to be on or near the site.
d. Proposed landscaping, use of native plants, or other measures to preserve or enhance
vegetation on the site, if any:
e. List all noxious weeds and invasive species known to be on or near the site.
5. Animals
a. List any birds and other animals which have been observed on or near the site or are known to
be on or near the site. Examples include:
Birds: Hawk, heron, eagle, songbirds, other:
Mammals: Deer, bear, elk, beaver, other:
Fish: Bass, salmon, trout, herring, shellfish, other:
b. List any threatened and endangered species known to be on or near the site.
c. Is the site part of a migration route? If so, explain.
d. Proposed measures to preserve or enhance wildlife, if any:
e. List any invasive animal species known to be on or near the site.
6. Energy and natural resources
a. What kinds of energy (electric, natural gas, oil, wood stove, solar) will be used to meet the
completed project's energy needs? Describe whether it will be used for heating, manufacturing,
etc.
b. Would your project affect -the potential use ofsolar energy by adjacent properties? If sG,
generally describe.
c. What kinds of energy conservation features are included in the plans of this proposal? List
other proposed measures to reduce or control energy impacts, if any:
7. Environmental health
a. Are there any environmental health hazards, including exposure to toxic chemicals, risk of fire
and explosion, spill, or hazardous waste, that could occur as a result of this proposal? If so,
describe.
1) Describe any known or possible contamination at the site from present or past uses.
2) Describe existing hazardous chemicals/conditions that might affect project development
and design. This includes underground hazardous liquid and gas transmission pipelines located
within the project area and in the vicinity.
3) Describe any toxic or hazardous chemicals that might be stored, used, or produced during
the project's development or construction, or at any time during the operating life of the project.
4) Describe special emergency services that might be required.
5) Proposed measures to reduce or control environmental health hazards, if any:
b. Noise
1) What types of noise exist in the area which may affect your project (for example: traffic,
equipment, operation, other)?
2) What types and levels of noise would be created by or associated with the project on a
short-term or a long-term basis (for example: traffic, construction, operation, other)? Indicate
what hours noise would come from the site.
3) Proposed measures to reduce or control noise impacts, if any:
8. Land and shoreline use
a. What is the current use of the site and adjacent properties? Will the proposal affect current
land uses on nearby or adjacent properties? If so, describe.
b. Has the project site been used as working farmlands or working forest lands? If so, describe.
How much agricultural or forest land of long-term commercial significance will be converted to
4
other uses as a result of the proposal, if any? If resource lands have not been designated, how
many acres in farmland or forest land tax status will be converted to nonfarm or non -forest use?
1) Will the proposal affect or be affected by surrounding working farm or forest land normal
business operations, such as oversize equipment access, the application of pesticides, tilling, and
harvesting? If so, how:
c. Describe any structures on the site.
d. Will any structures be demolished? If so, what?
e. What is the current zoning classification of the site?
f. What is the current comprehensive plan designation of the site?
g. If applicable, what is the current shoreline master program designation of the site?
h. Has any part of the site been classified as a critical area by the city or county? If so, specify.
i. Approximately how many people would reside or work in the completed project?
j. Approximately how many people would the completed project displace?
k. Proposed measures to avoid or reduce displacement impacts, if any:
1. Proposed measures to ensure the proposal is compatible with existing and projected land uses
and plans, if any:
m. Proposed measures to reduce or control impacts to agricultural and forest lands of long-term
commercial significance, if any:
9. Housing
a. Approximately how many units would be provided, if any? Indicate whether high, middle, or
low-income housing.
b. Approximately how many units, if any, would be eliminated? Indicate whether high, middle,
or low-income housing.
c. Proposed measures to reduce or control housing impacts, if any:
10. Aesthetics
a. What is the tallest height of any proposed structure(s), not including antennas; what is the
principal exterior building material(s) proposed?
b. What views in the immediate vicinity would be altered or obstructed?
c. Proposed measures to reduce or control aesthetic impacts, if any:
11. Light and glare
a. What type of light or glare will the proposal produce? What time of day would it mainly
occur?
b. Could light or glare from the finished project be a safety hazard or interfere with views?
c. What existing offsite sources of light or glare may affect your proposal?
d. Proposed measures to reduce or control light and glare impacts, if any:
12. Recreation
a. What designated and informal recreational opportunities are in the immediate vicinity?
b. Would the proposed project displace any existing recreational uses? If so, describe.
c. Proposed measures to reduce or control impacts on recreation, including recreation
opportunities to be provided by the project or applicant, if any:
13. Historic and cultural preservation
a. Are there any buildings, structures, or sites, located on or near the site that are over 45 years
old listed in or eligible for listing in national, state, or local preservation registers? If so,
specifically describe.
b. Are there any landmarks, features, or other evidence of Indian or historic use or occupation.
This may include human burials or old cemeteries. Are there any material evidence, artifacts, or
5
areas of cultural importance on or near the site? Please list any professional studies conducted at
the site to identify such resources.
c. Describe the methods used to assess the potential impacts to cultural and historic resources on
or near the project site. Examples include consultation with tribes and the department of
archeology and historic preservation, archaeological surveys, historic maps, GIS data, etc.
d. Proposed measures to avoid, minimize, or compensate for loss, changes to, and disturbance to
resources. Please include plans for the above and any permits that may be required.
14. Transportation
a. Identify public streets and highways serving the site or affected geographic area, and describe
proposed access to the existing street system. Show on site plans, if any.
b. Is the site or affected geographic area currently served by public transit? If so, generally
describe. If not, what is the approximate distance to the nearest transit stop?
c. How many additional parking spaces would the completed project or non -project proposal
have? How many would the project or proposal eliminate?
d. Will the proposal require any new or improvements to existing roads, streets, pedestrian,
bicycle or state transportation facilities, not including driveways? If so, generally describe
(indicate whether public or private).
e, -Will -the project or proposal use (or occur in the im-nediate vicinity of) water, rails or air
transportation? If so, generally describe.
f. How many vehicular trips per day would be generated by the completed project or proposal? If
known, indicate when peak volumes would occur and what percentage of the volume would be
trucks (such as commercial and non -passenger vehicles). What data or transportation models
were used to make these estimates?
g. Will the proposal interfere with, affect or be affected by the movement of agricultural and
forest products on roads or streets in the area? If so, generally describe.
h. Proposed measures to reduce or control transportation impacts, if any:
15. Public services
a. Would the project result in an increased need for public services (for example: Fire protection,
police protection, public transit, health care, schools, other)? If so, generally describe.
b. Proposed measures to reduce or control direct impacts on public services, if any.
16. Utilities
a. Circle utilities currently available at the site: Electricity, natural gas, water, refuse service,
telephone, sanitary sewer, septic system, other.
b. Describe the utilities that are proposed for the project, the utility providing the service, and the
general construction activities on the site or in the immediate vicinity which might be needed.
C. SIGNATURE
The above answers are true and complete to the best of my knowledge. I understand that the lead
agency is relying on them to make its decision.
Signature: ............
Date Submitted:......... .
D. SUPPLEMENTAL SHEET FOR NONPROJECT ACTIONS
(do not use this sheet for project actions)
Because these questions are very general, it may be helpful to read them in conjunction with
the list of the elements of the environment.
C.
When answering these questions, be aware of the extent the proposal, or the types of
activities likely to result from the proposal, would affect the item at a greater intensity or at a
faster rate than if the proposal were not implemented. Respond briefly and in general terms.
1. How would the proposal be likely to increase discharge to water; emissions to air; production,
storage, or release of toxic or hazardous substances; or production of noise?
Proposed measures to avoid or reduce such increases are:
2. How would the proposal be likely to affect plants, animals, fish, or marine life?
Proposed measures to protect or conserve plants, animals, fish, or marine life are:
3. How would the proposal be likely to deplete energy or natural resources?
Proposed measures to protect or conserve energy and natural resources are:
4. How would the proposal be likely to use or affect environmentally sensitive areas or areas
designated (or eligible or under study) for governmental protection; such as parks, wilderness,
wild and scenic rivers, threatened or endangered species habitat, historic or cultural sites,
wetlands, flood plains, or prime farmlands?
Proposed measures to protect such resources or to avoid or reduce impacts are:
5. How would the proposal be likely to affect land and shoreline use, including whether it would
allow or encourage land or shoreline uses incompatible with existing plans?
Proposed measures to avoid or reduce shoreline and land use impacts are:
6. How would the proposal be likely to increase demands on transportation or public services and
utilities?
Proposed measures to reduce or respond to such demand(s) are:
7. Identify, if possible, whether the proposal may conflict with local, state, or federal laws or
requirements for the protection of the environment.
[Statutory Authority: RCW 43.21C.110. WSR 16-13-012 (Order 15-09), § 197-11-960, filed 6/2/16,
effective 7/3/16. Statutory Authority: RCW 43.21C.110 and 43.21C.100 [43.21C.170]. WSR 14-09-026
(Order 13-01), § 197-11-960, filed 4/9/14, effective 5/10/14. Statutory Authority: RCW 43.21C.110.
WSR 13-02-065 (Order 12-01), § 197-11-960, filed 12/28/12, effective 1/28/13; WSR 84-05-020 (Order
DE 83-39), § 197-11-960, filed 2/10/84, effective 4/4/84.]
7
August 24, 2018
Note: The staff report provided to the Board of County Commissioners on August 23, 2018 has been
revised as indicated below. The revised staff report was provided to the Board of County Commissioners
on August 24, 2018. The draft ordinance provided to the Board of County Commissioners on August 23,
2018 was not revised. Philip C. Hunsucker, Jefferson County Chief Civil Deputy Prosecuting Attorney.
gSO N C0
4
HIN
STAFF REPORT ON THE DRAFT COMMERCIAL
SHOOTING FACILITY ORDINANCE PREPARED
WITH INPUT FROM THE COMMERICAL
SHOOTING FACILITY REVIEW COMMITTEE
August 23, 2018
Mark McCauley, Director of Central Services
and Review Committee Chair
Michelle Farfan,
Associate Planner,
Department of Community Development
Philip C. Hunsucker,
Chief Civil Deputy Prosecuting Attorney
TABLE OF CONTENTS
INTRODUCTION.......................................................................................................................... 4
THE MORATORIUM ORDINANCE........................................................................................... 5
Draft Ordinance Requested......................................................................................................... 5
Establishment of the Review Committee.................................................................................... 5
Deadline for Submission of Product to the BoCC...................................................................... 7
THE EXISTING REGULATORY FRAMEWORK...................................................................... 7
Regulation of Shooting in Washington....................................................................................... 7
TheKitsap County Example....................................................................................................... 7
Two Types of Noise Regulations................................................................................................ 8
WAC 173-60-060—Nuisance Regulations Not Prohibited...................................................... 10
"Exempt Noise" Related to Shooting....................................................................................... 10
Adoption of Local Noise Ordinances....................................................................................... 11
Current Code on Shooting Ranges in Title 18 JCC (UDC) ...................................................... 12
THE WORK OF THE REVIEW COMMITTEE......................................................................... 14
The Work Was Informed by Section 6.6 of the Moratorium....................................................
14
Meetings....................................................................................................................................
14
Tour of the Sportsmen's Association Shooting Range.............................................................
14
TopicsDiscussed......................................................................................................................
14
May9, 2018..........................................................................................................................
14
May16, 2018........................................................................................................................
14
May23, 2018........................................................................................................................
15
June6, 2018..........................................................................................................................
16
June13, 2018........................................................................................................................
17
June28, 2018........................................................................................................................
18
July11, 2018.........................................................................................................................
18
July19, 2018.........................................................................................................................
20
July25, 2018.........................................................................................................................
20
August1, 2018......................................................................................................................
20
August8, 2018......................................................................................................................
20
August15, 2018....................................................................................................................
20
August17, 2018....................................................................................................................
20
Materials Reviewed by the Review Committee........................................................................
21
THE DRAFT ORDINANCE........................................................................................................
21
Bases for the Ordinance............................................................................................................ 21
DraftingPrinciples.................................................................................................................... 22
Limitations of the Draft Ordinance........................................................................................... 23
STAFF RECOMMENDATIONS................................................................................................. 24
SEPA COMPLIANCE FOR THE NEW ORDINANCE.............................................................. 26
CONCLUSION............................................................................................................................. 27
INTRODUCTION
This staff report presents the work of staff who worked with the Commercial Shooting Facility
Ordinance Review Committee (Review Committee) to provide the Jefferson County Board of
County Commissioners (BoCC) with a draft commercial shooting facility ordinance. To say the
least, the Review Committee and staff were faced with a difficult task—balancing many factors
required by Ordinance No. 05-1218-17, an Ordinance Establishing a Moratorium on Commercial
Shooting Facilities in Unincorporated Areas of Jefferson County (Moratorium) and the limitations
in the law on regulation of the shooting and noise related to shooting in the State of Washington,
to develop a draft ordinance that satisfies the requirements in the Moratorium.
The draft ordinance is attached as Appendix 1 and adheres to the BoCC's findings in the
Moratorium that:
• "[I]t 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."
• "[C]ommercial 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."
• "[U]niform 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."
The draft ordinance has been informed by the experience and concerns of the Review Committee
and their active participation for many weeks—all in a public forum, where each meeting was
preserved on video that the public can readily review on Jefferson County's (the County)
AVCWture All system. The draft ordinance probably will not please everyone. Some probably
will say it goes too far and some probably will say it does not go far enough in the regulation of
existing and new commercial shooting facilities. To be sure, the draft ordinance is not perfect—
documents
erfectdocuments borne of balancing interests seldom achieve perfection. However, the draft ordinance
being submitted with this staff report represents a well -crafted and balanced regulation of
commercial shooting facilities.
The draft ordinance is designed to withstand a legal challenge for at least the following reasons:
• There was an inclusive and open process designed by the BoCC in the Moratorium;
• The draft ordinance is not directly regulating any particular facility, person or project,
despite the claims of some and the hopes of others; and,
• Staff worked hard to rely on the BoCC's substantial health and safety powers as the basis
for the draft ordinance, as Kitsap County did in its successful defense of its own shooting
range ordinance.
The draft ordinance relies on existing Jefferson County Code (JCC) in the areas of land use and
nuisance, without repeating requirements in existing code or attempting to change it. However,
this staff report also provides recommendations for possible changes to Chapter 8.70 JCC (Noise
Control) or Title 18 JCC (Unified Development Code).
IYi1ALTA to] :L1IICS]Ntudto) N11WE"Wry0
Draft Ordinance Requested
The Moratorium was established to allow for the development of:
[A]n 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.
Moratorium, Section 1.
Establishment of the Review Committee
The Moratorium created a review committee to work with staff to develop a draft ordinance for
commercial shooting facilities in unincorporated areas of Jefferson County. Section 6.5 of the
Moratorium states:
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.
' The boundaries of the Jefferson County Districts can be viewed in the County's GIS Portal at:
httys ://ieffcowa.mays.aregis.com/ayys/maySeries/index.html?avoid=24535640e lba4d33bdee3e 1 fac7a5df4.
The Review Committee included:
• J. Thomas (Tom) Richardson, representing District #1.
• Janet Welch, representing District #2.
• Riley Parker, representing District #3 and Tarboo Ridge Coalition member.
• Joe D'Amico, as land owner in Jefferson County, who also has experience with
commercial shooting facilities representing Fort Discovery, Inc.' and Security
Services Northwest, Inc.,' At Large Member.
• John Minor, representing the Jefferson County Sportsmen's Associations Shooting
Range, the existing commercial shooting facility.
• Tim Cullman, Point No Point Treaty Council,' Tribal Representative.
• Art Frank, Undersheriff, Sheriff's designee.
• Stuart Whitford, Environmental Health Director.
• Mark McCauley, Central Services Director, the Community Development
Department's designee and chair.
• Philip Hunsucker, Chief Civil Deputy Prosecuting Attorney, Prosecuting
Attorney's designee, ex -officio member.
• Clark Vargas, C. Vargas & Associates, LTD,' Consultant, ex -officio member.
• Michelle Farfm, Department of Community Development, supported the work of
the Committee as a Staff Resource.
The Review Committee included persons with diverse viewpoints about regulation of
shooting ranges in the County. The Review Committee sometimes engaged in spirited
discussions, but the discussions were always respectful of opposing viewpoints, even when
there were areas of disagreement.
Every person listed above participated actively and provided invaluable input to the
development of the draft ordinance.
The Review Committee has a web page' where information on the Review Committee can
be found, including agendas and documents considered by the Review Committee.
The Review Committee's work satisfied well the BoCC's finding in the Moratorium that
"resident and property owner input and careful analysis of the uniform requirements for
z hitps://tarbooridgecoalition.org/.
https://www.fortdiscovMusa.com/.
'https://www.ssnwhq.com.
'http://www.jeffersoncougiysportsmen.org. ("The Jefferson County Sportsmen's Association (JCSA) operates a
shooting range near the beautiful Victorian seaport town of Port Townsend, Washington. We're located on a 43 -acre
parcel at 112 Gun Club Readjust south of the city and operate by special license with Jefferson County. The gun
club has been providing safe shooting sport activities since 1962 in the same location including Trap Shooting,
Pistol, Rifle and Archery.")
6 Mips://www.1nptc.or,g/index.html.
'hitp://www.cvaltd.com/.
' https://www.co.iefferson.wa.us/1291/Commercial-Shooting-Facility-Review-Comm.
commercial shooting facilities should be obtained before legislation imposing uniform
requirements on commercial shooting facilities can be adopted by the BoCC."
Deadline for Submission of Product to the BoCC
Section 6.6 of the Moratorium states: "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." The Review Committee was established on
April 25, 2018, so the deadline for submission of the draft ordinance is August 23, 2018.
The draft ordinance does not include land use provisions, so the Planning Commission's
jurisdiction for the draft ordinance is not implicated. However, staff have made recommendations
below for modifying Title 18 JCC (Uniform Development Code), which the BoCC may wish to
transmit to the Planning Commission.
THE EXISTING REGULATORY FRAMEWORK
Regulation of Shooting in Washington
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.
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. However, cities, towns, and counties or other municipalities may
enact only those laws and ordinances relating to firearms that are specifically authorized by state
law, as in RCW 9.41.300, and are consistent with this chapter.
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.
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 Washineton Constitution to bear arms in defense of self or others.
The Kitsap County Example
In 2014, Kitsap County Passed Ordinance No. 515-2014 which added Article 2 to Chapter 10.25
of the Kitsap County Code (KCC).
The purpose of Article 2 was to: "provide for and promote the safety of the general public by
establishing a permitting procedure and rules for the development and operation of shooting range
facilities. The shooting range standards adopted herein are intended to protect and safeguard
participants, spectators, neighboring properties and the public, while promoting the continued
availability of shooting ranges for firearm education, practice in the safe use of firearms, and
recreational firearm sports." KCC 10.25.060.
In 2017, the Court of Appeal upheld Article 2 of Chapter 10.25 KCC. Kitsap Cty. v. Kitsap Rifle
& Revolver Club, 1 Wash.App.2d 930.405 P.3d 1026 (Wash. Ct. App. 2017), review denied, 190
Wash. 2d 1015, 415 P.3d 1198 (2018). Below are excerpts from the published opinion of the Court
of Appeal:
• "Several factors support the conclusion that RCW 9.41.290 does not preempt KCC 10.25.
First, RCW 9.41.290 does not make any reference to the regulation of shooting facilities. In
addition, nothing in chapter 9.41 RCW pertains to shooting facilities. The multiple provisions
in that chapter primarily focus on the possession, delivery, sale, and use of firearms. There is
no indication that the legislature intended to preempt local ordinances requiring shooting
facilities to obtain operatingpermits." 1 Wash.App.2d at 406 (emphasis added).
• "Second, unlike Article 1 of KCC 10.25, Article 2 does not prohibit or expressly regulate the
discharge of firearms. Instead, the ordinance regulates `shooting facilities.' KCC 10.25.060
states that the purpose of KCC 10.25 is to `provide for and promote the safety of the general
public by establishing a permitting procedure and rules for the development and operation of
shooting range facilities."' Id. at 406-07 (emphasis added).
• "Third, RCW 9.41.290 expressly acknowledges that local governments may enact laws and
ordinances relating to firearms as long as they are `authorized by state law ... and are consistent
with this chapter.' As noted above, RCW 36.32.120(7) authorizes counties to `[m]ake and
enforce, by appropriate resolutions or ordinances, all such police and sanitary regulations as
are not in conflict with state law."' Id. at 407 (emphasis added).
• "Fourth, although the Club claims that the scope of RCW 9.41.290 is broad, the Supreme Court
cases addressing RCW 9.41.290 have limited the scope of preemption." Id. at 407-08
(emphasis added).
Two Types of Noise Regulations
There are two types of noise regulations:
1. Regulation of Noise Based on Maximum Noise Levels. Example: JCC 8.70.050(1):
All of the following are defined as "public nuisance noises":
1. Sound that originates from the property that exceeds the noise levels permitted by
Chapter 173-60 WAC (Maximum Environmental Noise Levels), as that chapter now
exists or as it may hereafter be amended.
WAC 173-60-040
Maximum permissible environmental noise levels.
(1) No person shall cause or permit noise to intrude into the property of another person which
noise exceeds the maximum permissible noise levels set forth below in this section.
(2)(a) The noise limitations established are as set forth in the following table after any applicable
adjustments provided for herein are applied.
EBNA. OF EONA OF
NOISE SOURCE RECEIVING PROPERTY
Class A Class B Class G
CLASS A 55 dBA 57 dBA 60 dBA
CLASS a 57 60 65
CLASS c 60 65 70
(b) Between the hours of 10:00 p.m. and 7:00 a.m. the noise limitations of the foregoing table
shall be reduced by 10 dBA for receiving property within Class A F_DNAs.
(c) At any hour of the day or night the applicable noise limitations in (a) and (b) above may be
exceeded for any receiving property by no more than:
(i) 5 dBA for a total of 15 minutes in any one-hour period; or
(ii)10 dBA for a total of 5 minutes in any one-hour period; or
(iii) 15 dBA for a total of 1.5 minutes in any one-hour period.
[Order 74-32, § 173-60-040, filed 4!22175, effective 911!75.)
2. Regulation of Noise Based on Nuisance. Example: JCC 8.70.050(2)-(11):
All of the following are defined as "public nuisance noises":
(4) Between the hours of 10:00 p.m. and 7:00 a.m. Sunday through Thursday (example:
10:00 p.m. Sunday to 7:00 a.m. Monday) or between 11:00 p.m. and 7:00 a.m. on Friday
or Saturday (example: 11:00 p.m. Friday to 7:00 a.m. Saturday), any sound made by
persons or by use of a musical instrument, whistle, sound amplifier, portable audio
equipment, or other device, electronic or not, capable of producing or reproducing sound,
which sound emanates frequently, repetitively, or continuously from any social gathering,
building, structure, or property, such as sound originating from a band session, tavern or
bar operation, an indoor or outdoor social gathering, and where law enforcement
determines the volume of such sound is such that it can be clearly heard by a person of
normal hearing at a location which is (a) 150 feet or more from the source of the sound and
(b) not located on the property containing the source of the sound;
(5) Sound from portable audio equipment, including that found in or as part of a motor
vehicle audio system, while traveling or parked in public streets, or in park areas,
residential and commercial zones, or any area where residences, schools, human service
facilities, or commercial establishments are in obvious proximity to the source of the sound,
and where the volume of such audio equipment is such that law enforcement determines it
can be clearly heard by a person of normal hearing at a distance of 150 feet or more from
the source of the sound; provided, however, that this section shall not apply to persons
operating portable audio equipment within a public park pursuant to an event sanctioned
by a responsible authority under valid permit or license;
(8) Sound from the discharge or use of any explosive device between the hours of 10:00
p.m. and 7:00 a.m.;
(11) Sound which law enforcement determines unreasonably disturbs or interferes with
the peace, comfort, and repose of one or more reasonable persons of normal hearing,
regardless of the distance between the source of the public nuisance noise and the
person(s) being unreasonably disturbed or annoyed Under this subsection, a sound
meter reading is not necessary to establish that a public nuisance noise exists;
(12) Any other noise that is otherwise prohibited by state or federal law.
WAC 173-60-060—Nuisance Regulations Not Prohibited
Nuisance regulations not prohibited.
Nothing in this chapter or the exemptions provided herein, shall be construed as
preventing local government from regulating noise from any source as a nuisance.
Local resolutions, ordinances, rules or regulations regulating noise on such a basis
shall not be deemed inconsistent with this chapter by the department.
"Exempt Noise" Related to Shooting
RCW 70.107.080 states:
Exemptions.
The [Department of Ecology] shall, in the exercise of rule-making power under this
chapter, provide exemptions or specially limited regulations relating to recreational
shooting and emergency or law enforcement equipment where appropriate in the
interests of public safety.
The [Department of Ecology] in the development of rules under this chapter, shall
consult and take into consideration the land use policies and programs of local
government.
JCC 8.70.060 states:
Exempt noises.
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Sounds originating from the sources listed here do not constitute a violation of this
chapter, are not "public nuisance noises" and are defined as an "exempt noise"
regardless of where or when they occur, unless otherwise noted.
(18) The lawful discharge of firearms;
(19) Sounds exempted under Chapter 173-60 WAC, as that chapter now exists or
as it may hereafter be amended.
(Emphasis added.)
Kitsap County v. Kitsap Rifle and Revolver Club, 184 Wash. App. 252, 280 (2014) states:
Sounds created by firearm discharges on authorized shooting ranges are exempt
from KCC 10.28.040 (maximum permissible environmental noise levels) and KCC
10.28.145 (public disturbance noises) between the hours of 7:00 AM and 10:00
PM. KCC 10.28.050. The Washington Department of Ecology also exempts sounds
created by firearms discharged on authorized shooting ranges from its maximum
noise level regulations. RCW 70.107.080; WAC 173-60-050(1)(b). The Code
broadly defines "firearm" as "any weapon or device by whatever name known
which will or is designed to expel a projectile by the action of an explosion,"
including rifles, pistols, shotguns, and machine guns. KCC 10.24.080(1). As a
result, the noise from the weapons being fired at the Club's range falls within the
noise exemption provisions of KCC 10.28.050, and thus is exempt from the
maximum permissible environmental noise levels and public disturbance noise
restrictions.
Adoption of Local Noise Ordinances
• WAC 173-60-110(2): "No ordinance or resolution of any local government which
imposes noise control requirements differing from those adopted by the department
shall be effective unless and until approved by the director [of the Department of
Ecology]."
• RCW 70.107.060: "Noise limiting requirements of local government which differ
from those adopted or controlled by the department shall be invalid unless first
approved by the [Department of Ecology]. If the [Department of Ecology] fails to
approve or disapprove standards submitted by local governmental jurisdictions
within ninety days of submittal, such standards shall be deemed approved."
JCC Exempts the Lawful Discharge of Firearms from its Noise Ordinance
In 2014, Jefferson County adopted Chapter 8.70 JCC (Noise Control), amidst significant public
comment. The noise ordinance first proposed by staff was significantly revised after public
comment and testimony was received.
11
Currently, JCC 8.70.060(18) exempts from its regulation: "The lawful discharge of firearms."
(Emphasis added.)
Current Code on Shooting Ranges in Title 18 JCC (UDC)
JCC 18.20.350(8) states:
Outdoor Shooting Ranges. Outdoor shooting ranges are subject to the following
standards:
(a) They shall be located, designed, constructed and operated to prevent the
likelihood of discharge of ammunition beyond 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 ranges; Articles 1, 2, and 3 of the safety
recommendations for outdoor shooting ranges shall be used as minimum guidelines
in the design and construction of shooting ranges;
(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;
(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 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 outdoor archery range used by an
organization, minimum lot 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;
(g) A minimum location of 500 feet is required from any occupied dwelling other
than the dwelling of the owner;
(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 noise factors and may prescribe additional
conditions with respect thereto.
This code provision relates to "small-scale recreational and tourist uses," discussed in JCC
18.20.350(1):
Small-scale recreational and tourist uses rely on a rural location and setting and
provide opportunities to diversify the economy of rural Jefferson County by
utilizing the county's abundant recreational opportunities and scenic and natural
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amenities in an environmentally sensitive manner consistent with the rural
character of the county. Upon approval pursuant to this code, these types of uses
may be conducted in the land use districts specified in Table 3-1 in
JCC 18.15.040 and as provided for in small-scale recreation and tourist (SRT)
overlay districts under JCC 18.15.572.
Table 3-1 authorizes outdoor shooting ranges under a conditional use permit in Commercial
Forrest (CF), Rural Forest (RF) and Inholding Forest (IF) zones only.
JCC 18.10.190 S has the following definitions:
"Small-scale" means of a size or intensity which has minimal impacts on the
surrounding area and which makes minimal demands on the existing
infrastructure.
"Small-scale recreation or tourist uses" means those isolated uses which are
leisure or recreational in nature; are reliant upon a rural setting or location; do not
include any new residential development beyond that allowed in the underlying
land use district; and otherwise meet the performance standards in JCC 18.20.350.
See RCW 36.70A.070(5)(d)(ii).
RCW 36.70A.070(5)(d)(ii) refers to the Rural Element of the Comprehensive Plan and
states:
(5) Rural element. Counties shall include a rural element including lands
that are not designated for urban growth, agriculture, forest, or mineral resources.
The following provisions shall apply to the rural element:
(d) Limited areas of more intensive rural development. Subject to the
requirements of this subsection and except as otherwise specifically provided in
this subsection (5)(d), the rural element may allow for limited areas of more
intensive rural development, including necessary public facilities and public
services to serve the limited area as follows:
(ii) The intensification of development on lots containing, or new
development of, small-scale recreational or tourist uses, including commercial
facilities to serve those recreational or tourist uses, that rely on a rural location and
setting, but that do not include new residential development. A small-scale
recreation or tourist use is not required to be principally designed to serve the
existing and projected rural population. Public services and public facilities shall
be limited to those necessary to serve the recreation or tourist use and shall be
provided in a manner that does not permit low-density sprawl.
There is no provision in Title 18 JCC for indoor shooting ranges.
13
THE WORK OF THE REVIEW COMMITTEE
The Work Was Informed by Section 6.6 of the Moratorium
Section 6.6 of the Moratorium guided the work of the Review Committee:
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 Review Committee diligently followed this direction from the BoCC.
Meetings
The Review Committee met fifteen times, usually for 3 or more hours, in the BoCC's Chambers
on May 9, 2018, May 16, 2018, May 23, 2018, June 6, 2018, June 13, 2018, June 20, 2018, June
28, 2018, July 11, 2018, July 19, 2018, July 25, 2018, August 1, 2018, August 8, 2018, August 15,
2018, August 17, 2018 and August 23, 2018. All the meetings of the Review Committee can be
viewed on the County's AVCapture All system.
Tour of the Sportsmen's Association Shooting Range
The Review Committee toured the JCSA commercial shooting facility on May 16, 2018.
Topics Discussed
May 9, 2018
• Open Public Meeting Act and Public Records Act compliance
• Mission of the Review Committee
• Potential Impacts of Commercial Shooting Facilities
May 16, 2018
Potential Impacts of Commercial Shooting Facilities, Including:
• Indoor Shooting Facility Potential Impacts, including lead exposure
• Outdoor Shooting Facility Potential Impacts, including:
o Tribal treaty rights
o Ground water quality
o Surface water quality
14
o Aquifer recharge areas
o Wetlands
o Critical areas
o Lead exposure
May 23, 2018
• Continued Discussion of Potential Impacts of Commercial Shooting Facilities:
o Public Health/Safety.
o Environmental
o Economic:
■ Property values
■ Jobs
■ Increased tax base:
➢ Construction sales tax
➢ Ongoing sales tax
➢ New construction - property tax
➢ Real Estate Excise Tax (BEET)
■ Need for increased code enforcement
■ Quality of life
■ Tourism
• Methods for Identifying/Mitigating Impact of Commercial Shooting Facilities:
o Public Healtb/Safety:
■ Stray bullets - outside the facility, neighbors. Mitigation: SEPA Checklist,
License Agreement.
■ Patron safety. Mitigation: License Agreement
■ Lead exposure. Mitigation: SEPA Checklist, License Agreement.
15
■ Long term noise exposure. Mitigation: SEPA Checklist, License
Agreement.
■ Licensed Range helps minimize random shooting in the County.
■ Better trained shooters.
■ Supervision. Mitigation: License Agreement.
■ Emergency protocols. Mitigation: License Agreement.
■ Light pollution. Mitigation: SEPA Checklist, License Agreement.
o Environmental:
■ Water quality. Mitigation; SEPA Checklist, License Agreement, state
surface and ground water standards.
■ Soil contamination. Mitigation: SEPA Checklist, License Agreement,
Model Toxics Control Act.
■ Air pollution - onsite and offsite. Mitigation: SEPA Checklist, License
Agreement, ORCAA
■ Historic/cultural preservation. Mitigation: SEPA Checklist.
■ Light pollution. Mitigation: SEPA Checklist, License Agreement.
■ Noise. Mitigation: SEPA Checklist, License Agreement.
■ Traffic. Mitigation: SEPA Checklist, License Agreement, Public Works
and or WSDOT.
■ Wildlife - endangered species. Mitigation: SEPA Checklist.
■ Adjacent uses - recreational facilities. Mitigation: SEPA Checklist.
o Economic
o Land use
o Operating Permits
June 6- 2018
• The key finding in the Moratorium "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 ... .
16
• Review and evaluation of the impact mitigation effectiveness of the Kitsap County Gun
Range Ordinance, No. 515-2014.
• The Moratorium does not require that any proposed or adopted ordinance:
o Require that only Jefferson County residents can use the facilities;
o Prohibit tourists or other county residents from using the facilities;
o Limit law enforcement use to only local County, City and Tribal officers;
o Specifically exclude the "Military, Para -military, others;"
o Require only amateur recreational firearm sports shooting;
o Exclude "Professional Tactical Firearms" shooting; or,
o Identify who the shooting facilities are for.
June 13, 2018
• Request for Progress Report to BoCC.
• Review draft commercial shooting facility ordinance prepared by county staff, based on
the Kitsap County Gun Range Ordinance, No. 515-2014.
• Review draft partial commercial shooting facility ordinance prepared by Janet Welch,
suggesting a more logical organization of the draft ordinance, than the other shooting range
ordinances passed by other municipal entities.
June 20, 2018
• Review of proposed modified definitions in the current draft of the ordinance.
• Discussion of the 5 -year renewal provision in the Kitsap County Gun Range Ordinance,
No. 515-2014:
o Is it fair?
o Does it work for Jefferson County?
o What is the alternative?
■ More regular inspections?
■ Regular monitoring including reporting of data by the CSF?
■ Other ideas?
17
June 28, 2018
Continued review of the draft ordinance, especially the operating permit requirement.
July 11, 2018
• Possible standards for the draft ordinance, including:
1. The NRA Range Source Book published by the National Rifle Association2( 012 is
the most recent version and the County has a hard copy);
2. 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;
3. USEPA Region 2 in its 2005 publication entitled Best Management Practices for
Outdoor Shooting Ranges;
4. WAC 296-62-075221 (limiting occupational exposures to lead);
5. Chapter 173-60 WAC (maximum environnemental noise levels) ; and,
6. Chapter 8.70 JCC (Noise Control).
• Defmitions or standards from the JCC, including:
1. "Buffer zone" has the same meaning as in JCC 18.10.10 B, 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.
2. "Critical areas" mean critical areas described in Chapter 18.22 JCC.
3. 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.
4. "Law enforcement officer" means "law enforcement" officer as defined in RCW
9.41.010(12) and "qualified law enforcement officer" as defined in 18 U.S.C. Section
928B(c) as they now exists or are hereafter amended.
5. "Person" means person as that term is defined in RCW 1.16.080 as it now exists or
hereafter is amended.
6. Legal nonconforming use status and rights of existing ranges: Title 18 JCC.
7. Expansion of shooting range uses which otherwise require approval pursuant to a
conditional use permit or other land use permits: Title 18 JCC.
18
8. Approval criteria for conditional use permits: JCC 18.40.530.
• Limitations addressing the lack of intended impact on other provisions of law listed in the
then current draft ordinance, including that the ordinance shall not 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 (No Shooting Areas). 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 the discharge of tracer or incendiary ammunition at any commercial shooting
facility.
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.
7. Allowing or authorizing the discharge of a machine gun as that term is defined in 26
U.S.C. Section 5845 or RCW 9.41.01007), 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 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 Title 18 JCC, as they now exist or
hereafter may be amended.
19
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 ruling that a commercial shooting
facility has been found to create a public nuisance, requiring additional noise,
environmental or safety controls as a condition of continuing an operation of a
commercial shooting facility.
Importantly, many of the items in this list are likely to be of concern to persons interested
in this draft ordinance are covered elsewhere in the JCC or are the province of regulation
by other federal or state agencies.
• Possible Structure and Contents of the Operating Permit Application.
July 19, 2018
• Further discussion of standards and limitations.
• Continue review, discussion and revision of the draft commercial shooting facility
ordinance.
July 25, 2018
Review, discussion, and revision of next draft ordinance (version 6).
August 1, 2018
Review, discussion, and revision of next draft ordinance (version 7).
August 8, 2018
• Review, discussion, and revision of next draft ordinance (version 9).
• Discussion of the statutes and ordinances on shooting and noise. A copy of the PowerPoint
presentation used for discussion is at Appendix 2.
August 15, 2018
Review, discussion, and revision of next draft ordinance (version 11).
August 17, 2018
Review, discussion, and revision of next draft ordinance (version 13).
20
Materials Reviewed by the Review Committee
The materials reviewed by the Review Committee included:
• The Moratorium
• Cowlitz County Shooting Ordinance
• Gig Harbor Shooting Ordinance
• Kitsap County Shooting Ordinance
• JCC Code Sections Dealing with Shooting Ranges
• JCC Land Use Table
• Jefferson County Zoning Map
• Jefferson County No Shooting Area Map
• Jefferson County SCSA License and Operating Agreement
• List of Government SCSA Users
• Aerial Photo - SCSA
• Chapter 8.50 JCC (No Shooting Areas)
• Chapter 8.70 JCC (Noise Control)
• Laidlaw et al. - Lead exposure at firing ranges - a review
• SEPA Checklist in WAC 197-11-960
• The NRA Range Source Book published by the National Rifle Association (2012 is the
most recent version and the County has a hard copy)
• 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
• USEPA Region 2 in its 2005 publication entitled Best Management Practices for Outdoor
Shooting Ranges
• WAC 296-62-075221 (limiting occupational exposures to lead)
• Chapter 173-60 WAC (maximum environnemental noise levels)
THE DRAFT ORDINANCE
Bases for the Ordinance
Kitsap County adopted a shooting range ordinance, Article 2, Chapter 10.25 Kitsap County Code
that recently was upheld at the court of appeal in Kitsap Cty. v. Kitsap Rifle & Revolver Club, 1
Wash.App.2d 393,405 P.3d 1026 (Wash. Ct. App. 2017), review denied, 190 Wash. 2d 1015, 415
P.3d 1198 (2018). The Kitsap County Ordinance is attached as Appendix 3.
According to the Kitsap County Ordinance itself:
The purpose of this article is to provide for and promote the safety of the general
public by establishing a permitting procedure and rules for the development and
operation of shooting range facilities. The shooting range standards adopted herein
are intended to protect and safeguard participants, spectators, neighboring
properties and the public, while promoting the continued availability of shooting
ranges for firearm education, practice in the safe use of firearms, and recreational
firearm sports.
21
See Kitsap County Code Section 10.25.060 (emphasis added)
In developing its shooting range ordinance, Kitsap County avoided land use issues and focused on
health and safety issues, because the state legislature has given counties broad authority to adopt
regulations that promote health and safety. Generally, reasonable health and safety regulations
have passed muster in the state and federal courts. Land use, on the other hand, is connected to
property rights which have a higher level of protection under state and federal law.
Kitsap County's choice proved wise because its shooting range ordinance was upheld on the basis
of Kitsap County's strong interest in public health and safety. KCC 10.25.070(21) defines
"shooting facility" as a site having one or more shooting ranges, and KCC 10.25.070(22) defines
"shooting range" as a place designated for the safe "discharge of firearms." "RCW 36.32.120(7)
authorizes counties to `[m]ake and enforce, by appropriate resolutions or ordinances, all such
police and sanitary regulations as are not in conflict with state law.' Therefore, KCC 10.25's
requirement that a shooting facility obtain an operating permit is an exercise of the County's police
power that is authorized under state law. Kitsap Cty. v. Kitsap Rifle & Revolver Club, 1
Wash.App.2d at 407. "And the required standards for shooting facilities primarily involve
measures designed to make the discharge of firearms safe. KCC 10.25.090(4)." Id. (emphasis
added.)
Drafting Principles
These are the main drafting principles followed in preparing the draft ordinance:
1. The ordinance should provide one standard for all commercial shooting facilities—
existing and new. Reasons:
a. The Moratorium requires one standard. See Sections 1 and 7 (through the last
"Whereas clause")-
b.
lause").b. Not doing so may result in a claim that an arbitrary and unfair competitive advantage
is given to existing or new commercial shooting facilities.
2. The ordinance should require an operating permit issued pursuant to an application that is
reviewed and certified by a professional shooting range designer. Reason: The County
does not possess sufficient expertise in the siting and operation of commercial shooting
ranges, as evidenced by its selection of a professional to assist the Review Committee.
Notably, this was an approach used by Kitsap County in its shooting range ordinance.
3. The ordinance should adopt generally accepted BMPs for lead at commercial shooting
ranges. Reason: The Moratorium requires environmental protection.
4. The ordinance should not regulate where other federal, state or local agencies already are
responsible for that regulation. Reason: The County lacks the expertise and resources to
enforce another agency's regulation.
5. The ordinance should not repeat language already covered in other portions of the JCC.
Reason: There is a great potential for inconsistency in repeating language from other
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portions of the JCC, which would create the potential for application and enforcement
difficulties.
6. There should be a hearing examiner review/appeal process. Reasons:
a. Takes politics out of decisions on the operating permit.
b. Reduces litigation risks.
7. The ordinance should not regulate land use. Reasons:
a. Consistent with Drafting Principle 1, there is a potential to create regulatory
inconsistency.
b. Land use regulation in the JCC and the State Environmental Policy Act (SEPA)
require significant protections related to siting a commercial shooting facility. In
particular, the SEPA checklist mandated by state law and the JCC requires mitigation
of noise for siting any facility. A copy of the SEPA checklist is attached as Appendix
4.
c. There is an unnecessary risk of increasing the time and cost of implementing the
ordinance. The County's power in creating health and safety regulations is
significant and unhampered by the potential application of the vested rights doctrine
in land use. While the applicability of this doctrine has been severely limited in
recent years by Washington courts,9 it remains a source of potential liability,
particularly with respect to attorney's fees exposure.
Limitations of the Draft Ordinance
The draft ordinance does not delve into land use in Title 18 JCC or seek to revise the noise
standards in Chapter 8.70 JCC (Noise Control).
Staff believes the current conditional use permit process in Title 18 JCr �T'�*'. �4 , along with
the SEPA process is the best way to deal with facility siting issues. In particular, SEPA will require
mitigation of noise before any new commercial shooting facility can be built. Further, the
approval criteria for all conditional uses contained in Title 18 JCC require, among other things,
that: "The conditional use will not introduce noise, smoke, dust, fumes, vibrations, odors, or other
conditions or which unreasonably impact existing uses in the vicinity of the subject parcel." JCC
18.40.530(d). "`Vicinity' means, in rural and resource lands, the area generally within one -mile
of the exterior boundary of aig ven parcel." JCC 18.10.220 V. The draft ordinance also would
ordinance.
Formatted: Font: Italic
Formatted: Underline
Formatted: Underline
'See, for example, Snohomish Cty. v. Pollution Control Hearings Bd., 187 Wash. 2d346, 363-4 (2016), as amended
(May 2, 2017), reconsideration denied (May 10, 2017), Erikson & Assoc., Inc. v. McLerran, 123 Wash. 2d 864, 868
(1994), Abbey Rd. Grp., LLC v. City of Bonney Lake, 167 Wash. 2d 242, 251 (2009), Town of Woodway v.
Snohomish Cty., 180 Wash. 2d 165, 173 (2014), Potala Vill. Kirkland, LLC v. City of Kirkland, 183 Wash. App.
191, 203-4, 210 (2014) review denied, 182 Wash.2d 1004 (2015).
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STAFF RECOMMENDATIONS
Staff makes the following recommendations:
1. Set a hearing date and receive public comment on the attached draft ordinance.
2. Revise Title 18 JCC to make it consistent with the draft ordinance;
3. Revise current Chapter 8.50 JCC (No Shooting Areas) to allow for indoor commercial shooting
facilities in no shooting areas.
4. Consider directing staff to submit a draft ordinance, suggesting proposed revisions to Title 18
JCC to the Planning Commission for its consideration to:
a. Approve the use of indoor commercial shooting facilities in any zone that complies with
the new commercial shooting facility ordinance. A defmition of indoor commercial
shooting facility that incorporates the defmition in the new commercial shooting facility
ordinance should be added to Title 18.
b. Modify Table 3-1 in Title 18 to be consistent with the new commercial shooting facility
ordinance. For example, "outdoor shooting ranges" used in Table 3-1 should be modified
to be consistent with the new commercial shooting facility ordinance, while preserving
their limitations for uses in effect before adoption of the new commercial shooting facility
ordinance.
c. Modify JCC 18.20.350(8) for small-scale recreation and tourist uses and other provisions
of Title 18 JCC to be consistent with the new commercial shooting facility ordinance, while
preserving their limitations for uses in effect before adoption of the new commercial
shooting facility ordinance. For example, in addition to JCC 18.20.350(8), the term
"outdoor shooting ranges" is used in Table 3-1 to identify the zones where such facilities
are permitted.
d. Add defmitions to Title 18 JCC needed for consistency with the new commercial shooting
facility ordinance. For example, a definition of commercial shooting facility that
incorporates the definition in the new commercial shooting facility ordinance should be
added to Title 18.
e. Modify current definitions in Title 18 JCC needed for consistency with the new commercial
shooting facility ordinance. For example, the defmitions of "outdoor shooting range" and
"shooting range" in Title 18 should be modified to be consistent with the new commercial
shooting facility ordinance.
5. Consider directing staff to submit a draft ordinance with proposed revisions to Chapter 8.70
JCC (Noise Control) that harmonize Chapter 8.70 JCC with the new commercial shooting
facility ordinance and to reduce the burden on the Sheriff's office for false reports, as is also
addressed in the draft ordinance. For example, a new exemption should be added to JCC
8.70.060 for commercial shooting facilities that are in compliance with their operating permit
or provisional operating permit issued pursuant to the new commercial shooting facility
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ordinance. If revisions are adopted to Chapter 8.70 JCC, the revisions must be submitted to
the Washington Department of Ecology for approval. However, a the categorical exemption
under for noise ordinances is limited by WAC 197-11-800(21), which states: "The adoption
by counties/cities of resolutions, ordinances, rules or regulations concerned with the control of
noise which do not differ from regulations adopted by the department of ecology under
chapter 70.107 RCW. When a county/city proposes a noise resolution, ordinance, rule or
regulation, a portion of which differs from the applicable state regulations, SEPA
compliance may be limited to those items which differ from state regulations." (Emphasis
added.) Categorical exemptions exempt proposed actions from the SEPA threshold
determination and EIS requirements, subject to the rules and limitations on categorical
exemptions contained in WAC 197-11-305.
6. Consider, but do not adopt, a provision modified from Kitsap County's KCC 10.25.020, which
states:
"The discharge of firearms is prohibited within five hundred yards of any shoreline in the
unincorporated areas of Kitsap County." and "The discharge of firearms in the
unincorporated areas of Kitsap County is further prohibited in the following instances:
(2)(e) further states "Within five hundred yards of the following lakes located, in whole or
part, in unincorporated areas of Kitsap County: Long Lake, Kitsap Lake, Wildcat Lake,
Panther Lake, Mission Lake, Tiger Lake, William Symington Lake, Tahuya Lake, Island
Lake, Horseshoe Lake, Carney Lake, Wye Lake, Buck Lake, Fairview Lake and Bear
Lake."
Notably, KCC 10.25.020 is in Article 1 (No Shooting Areas) of Chapter 10.25 KCC
a. Before the dissemination of a draft of this staff report, the Tarboo Ridge Coalition (through
Riley Parker) proposed a provision modeled on KCC 10.25.020. When it was pointed out
in a draft of this staff report that a proposal like KCC 10.25.020 would be beyond the scope
of the work of the Review Committee because it would not be limited to commercial
shooting facilities, on August 23, 2018, the Tarboo Ridge Coalition, changes its proposal
to request that the BoCC add to Title III of Chapter 8.50 JCC (Commercial Shooting
Facilities) a prohibition on "the discharge of firearms at a commercial shooting facility
within five hundred yards of any shoreline, in the unincorporated areas of Jefferson County
and specifically Public Lakes: Anderson Lake, Gibbs Lake, Horseshoe Lake, Leland Lake,
Ludlow Lake, Sandy Shore Lake, Silent Lake, Tarboo Lake, Teal Lake and Yahoo Lake."
(Emphasis added.)
b. While the revised proposal is no longer outside the scope of work of the Review
Committee, staff believes such a provision would be:
i. Unnecessary for safety purposes, as the draft ordinance would not allow shooting
ranges to point toward a shoreline;
ii. Difficult to explain as reasonable because it would allow tribal hunters exercising their
treaty rights and non -tribal hunters hunt waterfowl to shoot in those same areas without
the protections afforded by the new ordinance; and,
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iii. Likely to result in a costly legal challenge to the ordinance that, even if not succeessful,
which would delay implementation of the new ordinance. If successful, a legal
challenge potentially could subject the County to liability under Chapter 64.40 RCW
or 42 U.S.C. Section 1983, including reasonable attorney's fees and costs.
SEPA COMPLIANCE FOR THE NEW ORDINANCE
WAC 197-11-800(13)(c) categorically exempts10 business and other regulatory licenses
including: "All licenses required under electrical, fire, plumbing, heating, mechanical, and
safety codes and regulations, but not including building permits." (Emphasis added.) The draft
ordinance probably qualifies as a safety code or regulation.
WAC 197-11-800(19) categorically exempts: "The proposal, amendment or adoption of
legislation, rules, regulations, resolutions or ordinances, or of any plan or program shall be
exempt if they are:
(a) Relating solely to governmental procedures, and containing no substantive standards
respecting use or modification of the environment.
(b) Text amendments resulting in no substantive changes respecting use or modification
of the environment."
(Emphasis added.) The requirements in the draft ordinance for an environmental plan require
the development of best management practices (BMPs) for compliance with existing law with
respect to the environment:
Each commercial shooting facility operator shall develop and submit an
environmental plan with the following minimum requirements:
(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 later 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 later 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:
m Again, categorical exemptions exempt proposed actions from the SEPA threshold determination and EIS
requirements, subject to the rules and limitations on categorical exemptions contained in WAC 197-11-305.
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A plan for compliance with requirements under existing law 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 consistent with existing law for addressing any
remediation of hazardous substances or hazardous waste. (Emphasis added.) Thus,
the requirement of an environmental plan in the draft ordinance does not set
substantive environmental standards.
(e) For the avoidance of doubt, this article neither seeks to set nor does it set any
substantive environmental standards, including but not limited to standards for
any hazardous substance or hazardous waste, including but not limited to lead
Based on these exemptions, the draft ordinance likely is categorically exempt from a SEPA
threshold determination or any environmental documentation.
CONCLUSION
The Review Committed and staff worked diligently to provide the draft ordinance to the BoCC
on time. If there are questions, they should be directed to Mark McCauley and Philip
Hunsucker.
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