HomeMy WebLinkAbout091018_ra01 (0002)APPENDIX 1
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,
1 City of Seattle v. Montana, 129 Wash.2d 583,591-92 (1996).
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WHEREAS, public complaints about lack of safety and land use compatibility issues
arising from the operation of commercial shooting facilities in unincorporated Jefferson County
have called on the scarce resources of Jefferson County's emergency management system and the
Sheriff's Office, which has the effect of diminishing the availability of these resources for
emergency services; and,
WHEREAS, Jefferson County has rural areas where commercial shooting facilities may
be appropriate, but where emergency services are scarce and adopting a commercial shooting
ordinance would promote public safety and preserve precious emergency services; and,
WHEREAS, commercial shooting facilities benefit Jefferson County by providing its
residents and law enforcement the opportunity to learn firearm safety, to practice shooting, and to
participate in amateur recreational firearm sports in a safe, controlled setting; and,
WHEREAS, the Jefferson County Board of Commissioners (BoCC) finds it is in the
public interest to protect and preserve the continued viability of commercial shooting facilities in
Jefferson County in the face of increasing population pressure and density of conflicting land uses;
and,
WHEREAS, Jefferson County's neighbor, Kitsap County has passed a commercial
shooting facility ordinance that withstood legal challenge; and,
WHEREAS, the BoCC finds that uniform requirements for the establishment and
operation of all commercial shooting facilities in unincorporated Jefferson County would provide
assurance of the safe conduct of recreational and educational shooting activities in Jefferson
County, provided the regulation: (1) provides for and promotes safety by establishing a permitting
procedure and rules for the siting, design and operation of commercial shooting range facilities
that safeguards participants, spectators, neighboring properties and the public; (2) does not prohibit
or expressly regulate the discharge of firearms; (3) involves measures designed to make the
discharge of firearms safe; (4) protects the environment; (5) ensures compatibility with
neighboring land use; and, (6) promotes the continued availability of shooting facilities for firearm
education, practice in the safe use of firearms, and recreational firearm sports; and,
WHEREAS, 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.
£ 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. §921(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 II of Chapter 8.50 JCC shall be amended as
shown in Appendix A.
j. 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)
on
ADOPTED this
SEAL:
ATTEST:
Carolyn Gallaway,
Deputy Clerk of the Board
day of 2018, at a.m.
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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 II of Chapter 8.50 JCC]
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.
8.50.080 Interpretation.
Article II. Boundary Descriptions for No Shooting Areas
8.50.100 Kala Point.
8.50.110 PortLudlow.
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 III. Commercial Shooting Facilities
8.50.210 Purpose.
8.20.220 Definitions.
8.50.230 Operating Permit Required.
8.50.240 Application for a Commercial ShootingFacility acility Operating Permit.
8.50.250 Minimum Standards.
8.50.260 Administrative Remedy for Decisions Made by the Director.
8.50.270 Judicial Appeals.
8.50.280 Safe Harbor for Owners and Operators.
8.50.290 Reports of Violations of this Article.
8.50.300 Review Committee.
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8.50.3 10 Conflicts with JCC 18 20.35 (8) and Limitations on the Applicability of this
Article.
8.50.320 Warning and Disclaimer of Liability.
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
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 operating permit or a provisional operating permit issued pursuant to Article III of
Chapter 8.50 JCC.
(�)(D 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
G:
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.
"Fir-eafm," as used in this ehapter-, shall be defined as any deviee that fir -es or- disehar-ges-a
revolvers, shotguns and ,.;floe_ [Ord. 2 47-§41 "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. Section 921(a)(2).
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.
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(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 II 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
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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]
Article II. Boundary Descriptions for No Shooting
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 #75 on Keefe Lane the No Shooting boundary turns south along the
western side of Jefferson Avenue to the northern property lines of Port Ludlow #2, 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 #6 to
Oak Bay Road. It then turns west along the north side of Oak Bay Road, then south and then east
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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
Ludlow Bay Road. The boundary then turns NE along the SE side of Ludlow Bay Road to the
end of Ludlow Beach Tracts #2. 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 #308 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.
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[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;
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 1 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;
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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;
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.
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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;
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.;
16
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.
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;
17
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:
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;
18
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;
Thence proceeding on a bearing of S 880 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.
ILI
APPENDIX B
Article III. Commercial Shooting Facilities
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.
20
(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.
21
(20) `Environmental Plan" means a plan for mitigating the environmental impacts of commercial
shooting facilities as required by JCC 8.50.240(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.
22
(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 92813(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
23
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.
24
(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
application. A hearing examiner considering a conditional use permit application pursuant to
25
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 8.50.230(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)(iii)(B) 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.
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.
26
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.
I. Termination of a provisional operating permit by the director may be appealed
pursuant to JCC 8.50.260.
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:
i. A written statement by the owner of the commercial shooting facility declaring that the
commercial shooting facility is compliant with the initial operating permit approval;
ii. A statement of any changes to the plans required by JCC 8.50.240(1)(a) -(e), as
submitted in the application; and,
iii. A current statement of general liability insurance and any monitoring data required by
an operating permit or any applicable conditional use permit issued pursuant to Title
18 JCC.
27
(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:
i. 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:
i. The department shall have the authority to establish procedures for noncompliance
inspections.
ii. The department shall contact the commercial shooting facility within one business day
after receipt by the department of a claim pursuant to subsection (d) and shall give the
commercial shooting facility a written notice of the claim; and,
iii. The owner or operator shall make the commercial shooting facility available for
inspection not later than two business days after receiving a request for an inspection
from the department.
(e) Following an annual inspection or a noncompliance inspection:
i. The department shall inform the owner or operator in writing of any deficiencies or
corrective actions to be taken, which may include any of the actions authorized by
subsection (f);
ii. The owner or operator shall take corrective action within a reasonable time, as
determined by the department in consultation with the operator; and,
iii. The owner or operator shall allow the department to conduct follow-up inspections to
verify that corrective action has been taken.
(f) Life Safety Incident. If the director determines there was a life safety incident:
28
i. The director may suspend or modify the operating permit, close the commercial
shooting facility or a shooting range, or modify shooting range operations;
ii. The director shall provide the owner or operator a written notice that shall set forth
each claimed life safety incident with a specific reference to applicable violation of this
article or operating permit and the corrective measures to be taken;
iii. The owner or operator shall respond in writing to the written notice provided by the
director and shall take any necessary corrective measures within a reasonable time, as
determined by the department in consultation with the operator;
iv. The owner or operator shall allow the department to conduct follow-up inspections to
verify that corrective action has been taken;
V. The department shall verify that corrective action has been taken; and,
vi. Until the corrective measures are completed and verified, the director's determination
in 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;
(c) Operations Plan;
(d) Environmental Plan;
(e) Noise Abatement Plan;
at
(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;
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;
30
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
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;
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(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
continuous insurance coverage required by the Operations Plan within fifteen (15) days
of approval of the Operations Permit that include:
i. The limits of coverage;
ii. The names and addresses of all certificate holders; and,
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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:
i. 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;
(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,
W,
(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
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
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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;
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
properties.
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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
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.
we
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.
(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).
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(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.
(c) Permitting the use or possession of a firearm by an individual who is otherwise prohibited
by law from owning or possessing that firearm.
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(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
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
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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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