HomeMy WebLinkAboutPC Agenda Packet 11-07-2018Jefferson County Planning Commission
MEETING AGENDA
Chimacum High School Auditorium
71 West Valley Rd
November 7, 2018
P: 360-379-4450
621 Sheridan St. F: 360-379-4451
Port Townsend WA 98368 plancomm@co.jefferson.wa.us
Public Hearing
Proposed Amendments to the UDC, Title 18 Relating to Shooting Facilities
5:30pm Welcome (chair) and Overview Presentation
Call to Order/Roll Call
Approval of Agenda
Approval of previous Meeting Minutes, if available
Overview Presentation by Philp Hunsucker, Jefferson County Chief Civil Deputy
Prosecuting Attorney
6:15pm Public Testimony
8:30pm Closing Remarks (Chair)
Thank you for coming and participating in your government at work!
Although the verbal record closes tonight, written testimony will be accepted until 4:30 PM, Friday,
November 16th. All written testimony should be directed to plancomm@co.jefferson.wa.us or to the
Jefferson County DCD, 621 Sheridan Street, Port Townsend, WA 98368. Please include “ZON18-00036”
in the subject line of all email comments submitted on this topic.
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APPENDIX 1
COUNTY OF JEFFERSON
STATE OF WASHINGTON
An Ordinance Amending Title 18 JCC
relating to Shooting Facilities
Ordinance No. ______
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ORDINANCE NO. __________
WHEREAS, on December 18, 2017, the Board of County Commissioners (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, staff recommended changes to Title 18 JCC relating to shooting facilities and
the new draft Article III, Chapter 8.50 JCC; and,
WHEREAS, the Planning Commission has held a hearing and has received public
comment on the draft ordinance proposed by staff that improves Title 18 JCC and would be
consistent with the new draft Article III, Chapter 8.50 JCC; and,
WHEREAS, the Planning Commission has forwarded its recommendations to the BoCC
regarding the draft ordinance proposed by staff that improves Title 18 JCC and would be consistent
with the new draft Article III, Chapter 8.50 JCC; and,
WHEREAS, following the Planning Commission’s consideration of the draft ordinance
proposed by staff that improves Title 18 JCC and would be consistent with the new Article III,
Chapter 8.50 JCC, the BoCC has held a hearing and has received public comment on the draft
ordinance proposed by staff that that improves Title 18 JCC and would be consistent with the new
draft Article III, Chapter 8.50 JCC; and,
WHEREAS, in response to the public comment and testimony, additional improvements
to the proposed ordinance that that improves Title 18 JCC and would be consistent with the new
draft Article III, Chapter 8.50 JCC,
NOW, THEREFORE, be it ordained that:
Section 1. Modification of Title 18 JCC. Title 18 JCC shall be modified as set forth in Appendix
A, including as follows:
a. Approve the use of indoor commercial shooting facilities that improves Title 18 JCC and
would comply with the new commercial shooting facility ordinance, Article III, Chapter
8.50 JCC in all zones, except “agricultural resource lands (agricultural lands),” “industrial
use, heavy or resource-based” or “light industrial.”
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b. Agricultural resource lands, industrial use, heavy or resource-based or light industrial zones
should not be included as zones for indoor commercial shooting facilities because these are
uses that are limited by GMA and the JCC provisions that implement GMA. JCC 18.10.10
defines agricultural resource lands (agricultural lands) as: “lands that are primarily devoted
to the commercial production of horticultural, viticultural, floricultural, dairy, apiary,
vegetable, or animals products or of berries, grain, hay, straw, turf, seed, or Christmas trees
not subject to the excise tax imposed by RCW 84.33.100 through 84.33.140, finfish in
upland hatcheries, or livestock, and that have long-term commercial significance for
agricultural production (RCW 36.70A.030(2)). Agricultural resource lands are divided into
two land use designations, prime (AP-20) and local (AL-20), in the Comprehensive Plan.”
JCC 18.25.020(1)(a) states: “The purpose of the prime agricultural lands district is to
protect and preserve areas of prime agricultural soils for the continued production of
commercial crops, livestock, or other agricultural products requiring relatively large tracts
of agricultural land. It is intended to preserve and protect the land environment, economy
and lifestyle of agriculture in Jefferson County. These lands must be protected as
‘agricultural lands of long-term commercial significance’.” JCC 18.25.020(1)(b) states:
“The purpose of the agricultural lands of local importance district is to protect and preserve
parcels of land which, while not necessarily consisting of prime agriculture soil or
relatively large acreage, are still considered important to the local agricultural economy,
lifestyle and environment. As such they deserve protection as ‘agricultural lands of long-
term commercial significance’.” JCC 18.10.090 defines industrial use, heavy or resource-
based as: “a use engaged in the basic processing and manufacturing of materials or
products predominately from extracted or raw materials or natural resources; a use engaged
in storage of or manufacturing processes using flammable, hazardous or explosive
materials; or manufacturing processes that potentially involve hazardous or commonly
recognized adverse conditions” JCC 18.10.120 defines light industrial as “a use involving:
(1) basic processing and manufacturing of materials or products predominantly from
previously prepared materials; or (2) finished products or parts, including processing,
fabrication, assembly, treatment, packaging, incidental storage, sales, and distribution of
such products, but excluding basic processing of raw materials except food products.”
c. Add the following definition to JCC 18.10.090: “‘Indoor facility’ means a commercial
shooting facility’ has the same meaning as ‘indoor facility’ in JCC 8.50.220(34).”facility
within a fully enclosed structure.”
d. Add definitions to Title 18 JCC needed for consistency with the new draft commercial
shooting facility ordinance. For example, a definition of commercial shooting facility that
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incorporates the definition in the new commercial shooting facility ordinance shall be
added to Title 18. Specifically:
i. Add the following definition to JCC 18.10.030: “‘Commercial shooting facility’
has the same meaning as in JCC 8.50.220(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.
ii. Add the following definition to JCC 18.10.060: “‘Firearms’ has the same meaning
as in JCC 8.50.040.”“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).
iii. Add the following definition to JCC 18.10.030: “‘NRA Range Source Book’ has
the same meaning as in JCC 8.50.220(39).”
iv.iii. Add the following definition to JCC 18.10.140: “‘Non-commercial shooting
facility’ means 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.”
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v.iv. Add the following definition to JCC 18.10.140: “‘NRA Range Source Book’
hasBook” means the same meaning as in JCC 8.50.220(39).”most current version
of The NRA Range Source Book published by the National Rifle Association.
vi.v. Add the following definition to JCC 18.10.150: “‘Outdoor commercial shooting
facility’ has the same meaning ‘outdoor facility’ as in JCC 8.50.220(45).”means a
commercial shooting facility that is not an indoor facility.”
vii.vi. Delete the definition of “outdoor shooting range” in JCC 18.10.150.
i. Add the following definition to JCC 18.10.160: “‘Projectile’ has the same meaning
as in JCC 8.50.220(50).”means an object fired from a firearm.”
ii. The definition of “shooting range” in JCC 18.10.190 shall be changed to “‘Shooting
range’ has the same meaning as in JCC 8.50.220(50).”consists of a firing line or
firing points, and an impact area. A commercial shooting facility may include
multiple shooting ranges.”
e. Modify JCC 18.20.350(8) for small-scale recreation and tourist uses and other provisions
of Title 18 JCC that improves it and would to be consistent with the new draft commercial
shooting facility ordinance, while preserving their limitations for uses in effect before
adoption of the new draft commercial shooting facility ordinance. Specifically:
i. Change “outdoor shooting range” in JCC 18.20.350(8), to “non-commercial
outdoor shooting ranges.”
ii. Change “ammunition” in JCC 18.20.350(8)(a) to “projectile.”
iii. Change “NRA Range Manual” in JCC 18.20.350(8)(b) to “NRA Source Book.”
iv. Change “shooting areas” in JCC 18.20.350(8)(d), JCC 18.30.350(8)(f), and JCC
18.20.350(8)(h) to “shooting ranges.”
v. Change “shooting range” in JCC 18.20.350(8)(f) to “non-commercial shooting
facility.”
f. Modify Table 3-1 in Title 18 that improves it and would to be consistent with the new
commercial shooting facility ordinance and the Growth Management Act (GMA), while
preserving their limitations for uses in effect before adoption of this ordinance.
Specifically:
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i. Change “outdoor shooting ranges” used in Table 3-1 to “non-commercial shooting
facilities.”
ii. Add “indoor commercial shooting facilities” to Table 3-1 as a conditional use in all
zones, except “agricultural resource lands (agricultural lands),” “industrial use,
heavy or resource-based” or “light industrial.”
iii. Add outdoor commercial shooting ranges to Table 3-1 as a conditional use in RF,
CF and IF zones only.
Section 2. Findings. The BoCC hereby adopts the above recitals (the “WHEREAS” statements)
as its findings of fact in support of this Ordinance.
Section 3. 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 4. Repeal and Replace. The changes authorized above are to repeal and replace the
relevant provisions in Title 18 JCC. However, legal nonconforming uses that established prior to
the adoption of this Ordinance shall continue to be bound by the requirements in JCC 18.20.350(8)
as it existed prior to the effective date of this ordinance.
Section 5. 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.
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
SEAL:
______________________________
David Sullivan, Chair
______________________________
Kathleen Kler, Member
ATTEST: ______________________________
Kate Dean, Member
APPROVED AS TO FORM:
______________________________ ______________________________
Carolyn Gallaway, Philip C. Hunsucker, Date
Deputy Clerk of the Board Chief Civil Deputy Prosecuting Attorney
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APPENDIX A
PROPOSED ADDITIONS OR DELETIONS TO DEFINITIONS:
18.10.030 C definitions.
“Commercial shooting facility” has the same meaning as in JCC 8.50.220(15).
(1) “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.
18.10.060 F definitions.
“‘Firearms” has the same meaning as in JCC 8.50.040.
“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)..
18.10.090 I definitions.
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“‘“Indoor facility” means a commercial shooting facility” has the same meaning as “indoor
facility” in JCC 8.50.220(34). within a fully enclosed structure.
18.10.140 N definitions.
“Non-commercial shooting facility” means 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.
“NRA Range Source Book” has the same meaning as in JCC 8.50.220(39).means the most
current version of The NRA Range Source Book published by the National Rifle Association.
18.10.150 O definitions.
Outdoor Shooting Range. (See “Shooting range.”)
“Outdoor commercial shooting facility” has the same meaning “outdoor facility” as in JCC
8.50.220(45).means a commercial shooting facility that is not an indoor facility.
18.10.160 P definitions.
“Projectile” has the same meaning as in JCC 8.50.220(50).means an object fired from a firearm.
18.10.190 S definitions.
“Shooting range” has the same meaning as in JCC 8.50.220(61). meansconsists of a facility
specifically designedfiring line or firing points, and used for safean impact area. A commercial
shooting practice with firearms and/or for archery practice, with individual or group firing
positions for specific weaponryfacility may include multiple shooting ranges.
PROPOSED CHANGES TO JCC 18.20.350(8):
(8) Outdoor Shooting RangesNon-commercial shooting facilities. Outdoor shooting rangesNon-
commercial shooting facilities are subject to the following standards:
(a) They shall be located, designed, constructed and operated to prevent the likelihood of
discharge of ammunitionprojectiles beyond the boundaries of the parcel where they occur;
(b) The National Rifle Association’s Range ManualSections I and II of the NRA Source Book
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 and operation of shooting ranges;
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(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 areasshooting ranges 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 areasshooting ranges associated with a shooting rangenon-
commercial shooting facility 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 areasshooting ranges 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.
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PROPOSED CHANGES TO THE USE TABLE:
Table 3-1. Allowable and Prohibited Uses.
Resource Lands Other Zones Types
Agricultural
– Prime and
Local
Forest –
Commercial,
Rural
and
Inholding
Other Zones Where
Only Indoor
Commercial Shooting
Facility Allowed
Other Zones Where No
Shooting Facility Allowed
Specific Land
Use
AG CF/RF/IF Rural Residential – 1
DU/5 Acres (RR 1:5),
Rural Residential – 1
DU/10 Acres (RR
1:10), Rural
Residential – 1 DU/20
Acres (RR 1:20),
Convenience
Crossroad (CC),
Neighborhood/Visitor
Crossroads (NC),
General Crossroad
(GC), and
Recreation, Irondale
and Port Hadlock
Urban Growth Area
(UGA), Parks,
Preserves and
Recreation (PRR)
Resource-based
Industrial, Light
Industrial/Commercial
(LI/C), Light Industrial
(LI), Light
Industrial/Manufacturing
(LI/M), Heavy Industrial
(HI)
Indoor
commercial
shooting facility
No C C No
Outdoor
commercial
shooting facility
No C No No
Outdoor
shooting ranges
No C No No
Non-commercial
shooting facility
No C No No
11/6/2018
1
Planning Commission Hearing
November 7, 2018 on:
Ordinance to Close Potential
Loopholes in Title 18 JCC
Presentation
by
Philip C. Hunsucker,
Chief Civil Deputy Prosecuting Attorney
11/6/2018 Planning Commission Hearing on November 7, 2018 1
Agenda
Planning Commission Hearing on November 7, 2018 11/6/2018 2
11/6/2018
2
Agenda
1.Outlining the Commercial Shooting Facility Ordinance
(CSFO) adopted by the Board of County Commissioners
(BoCC) on November 2, 2018, amending Title 8 JCC.
2.Closing the Potential Loopholes in Title 18 JCC, using the
proposed ordinance referred by the BoCC to the Planning
Commission on September 9, 2018.
11/6/2018 Planning Commission Hearing on November 7, 2018 3
11/6/2018 Planning Commission Hearing on November 7, 2018 4
https://www.merriam-webster.com/dictionary/loophole
11/6/2018
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11/6/2018 Planning Commission Hearing on November 7, 2018 5
Source: https://panethos.wordpress.com/2011/08/03/loophole-land-uses%C2%A0are-coming%C2%A0to-town/, which references
http://www.hedgefundlounge.com/2010/04/loopholes-in-dodds-legislation/.
ADOPTED: 12/18/17 ENDS: 12/17/18
Planning Commission Hearing on November 7, 2018 11/6/2018 6
Background
Ordinance No. 05-1218-17 (Moratorium )
11/6/2018
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Background
•12/18/17:
1.Adoption:The BoCC adopted a moratorium on commercial shooting
facilities in unincorporated Jefferson County to allow for the development
of a draft CSFO.
2.Workplan:Moratorium has a work plan that requires development of a
draft CSFO by 8/23/18—with input from a review committee.
3.Ends:Moratorium is for one year—ending on 12/17/18.
11/6/2018 Planning Commission Hearing on November 7, 2018 7
During the Moratorium,Development on CSFs Is Frozen
11/6/2018 Planning Commission Hearing on November 7, 2018 8
11/6/2018
5
Background
•8/23/18:
1.Review Committee:Review committee concludes 40+ hours of work to
develop draft CSFO.
2.Report & Draft CSFO: Staff submits staff report to the BoCC, along with
draft CSFO under Title 8 JCC, the Health and Safety Code.
3.Staff Recommendation:Staff report recommends referring a short
ordinance to the Planning Commission to harmonize Title 18 JCC (the
Uniform Development Code) with the draft CSFO.
11/6/2018 Planning Commission Hearing on November 7, 2018 9
Background
•9/9/18:BoCC refers the Title 18 JCC Ordinance to the Planning
Commission.
•9/19/18:Staff Presentation to the Planning Commission on the development
of the draft CSFO and language in Title 18 JCC that should be modified.
•10/17/18: Planning Commission approves hearing notice for this hearing.
•10/24/18:BoCC holds hearing on draft CSFO.
•10/26/18:Public comment period ends on draft CSFO.
•11/2/18:After public comment and deliberations, BoCC approves CSFO
(with changes).
11/6/2018 Planning Commission Hearing on November 7, 2018 10
11/6/2018
6
What’s the Hurry?
ADOPTED: 12/18/17 ENDS: 12/17/18
Planning Commission Hearing on November 7, 2018 11/6/2018 11
Ordinance No. 05-1218-17 (Moratorium )
What’s the Hurry?
•The County’s position is the vested rights doctrine is limited to completed applications for 3
types of land use decisions in which vested rights are written into the statute, namely to building
permits, a proposed division of land and development agreements. RCW 19.27.095(1), RCW
58.17.033(1), RCW 36.70B.180; Erickson & Assocs., Inc. v. McLerran, 123 Wash. 2d 864, 868,
872 P.2d 1090, 1093 (1994), Abbey Rd. Grp., LLC v. City of Bonney Lake, 167 Wash. 2d 242,
251, 218 P.3d 180, 183 (2009), Town of Woodway v. Snohomish Cty., 180 Wash. 2d 165, 173,
322 P.3d 1219, 1223 (2014).
•However, the Washington Supreme Court limited its holding in a vested rights case in 2017 and
did not reach this issue. Snohomish Cty. v. Pollution Control Hearings Bd., 187 Wash. 2d 346,
359, 386 P.3d 1064, 1070 (2016), as amended (May 2, 2017), reconsideration denied (May 10,
2017).
11/6/2018 Planning Commission Hearing on November 7, 2018 12
Potential for a Completed Application to Vest to Existing Code If Changes
Not Made Before the End of the Moratorium:
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7
What’s the Hurry? The Moratorium Freeze Will Melt On 12/17/18.
11/6/2018 Planning Commission Hearing on November 7, 2018 13
Ordinance No. 12-1102-
18 (CSFO )
ADOPTED: 11/2/18
Planning Commission Hearing on November 7, 2018 11/6/2018 14
Only Amends Title 8 JCC—
the Health and Safety Code
11/6/2018
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Commercial Shooting Facilities Ordinance
8.50.210 Purpose.
8.20.220 Definitions.
8.50.230 Operating Permit Required.
8.50.240 Application for a Commercial Shooting Facility Operating Permit.
(a) Facility Design Plan;
(b) Safety Plan;
(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.
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ADOPTED: 11/2/18
Commercial Shooting Facilities Ordinance
8.50.250 Minimum Standards.
8.50.260 Administrative Remedy for Decisions Made by the Director. (Appeal to
Hearing Examiner.)
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.
8.50.310 Conflicts with JCC 18.20.350(8) and Limitations on the Applicability of
this Article.
8.50.320 Warning and Disclaimer of Liability.
11/6/2018 Planning Commission Hearing on November 7, 2018 16
ADOPTED: 11/2/18
11/6/2018
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Current Title 18 JCC
Planning Commission Hearing on November 7, 2018 11/6/2018 17
Current JCC 18.20.350(8)
Three Points
Current Title 18 JCC Specifically Authorizes “Outdoor Shooting Ranges” in
CF, RF, and IF Zones with a conditional use permit (CUP).
11/6/2018 Planning Commission Hearing on November 7, 2018 18
Point 1
Point 2
Point 2
Current Title 18 JCC for Outdoor Shooting Ranges Has Potential
Loopholes.
A.Just Because Current Title 18 Only Specifically Mentions “Outdoor
Shooting Ranges” in the Context of “Small-Scale Recreation and
Tourist Uses” Does Not Mean that Commercial Shooting Facilities
Could Not Currently Be Allowed.
B.A Person Seeking to Have Approved A Commercial Shooting Facility
Could Use An “Unnamed Use” Under JCC 18.15.045
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Current JCC Authorizes “Outdoor Shooting Ranges
11/6/2018 Planning Commission Hearing on November 7, 2018 19
18.20.350 Small-scale recreation and tourist uses.
(1)Small-Scale Recreation and Tourist Uses. 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 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.
Agritourism on designated agricultural lands is regulated in JCC 18.20.030, agricultural activities and accessory uses. The
following list of uses is not intended to be exhaustive, but rather is intended to be illustrative of the types of small-scale
recreation or tourist uses:
(j)Outdoor shooting and archery ranges;
(n) Recreational, cultural or religious conference center/retreat facilities on parcels 10 acres or larger in size;
q) Rural recreational lodging or cabins for overnight rental on parcels 10 acres or larger in size.
Current Use Table
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Allows Outdoor Shooting
Ranges:
(1) In CF, RF, and IF Zones;
and,
(2) Pursuant to a Conditional
Use Permit.
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“Small Scale”
11/6/2018 Planning Commission Hearing on November 7, 2018 21
Not
Defined
Not
DefinedNot
Defined
Not
Defined
Not
Defined
Current Code On Outdoor Shooting Range: JCC 18.20.350(8)
11/6/2018 Planning Commission Hearing on November 7, 2018 22
11/6/2018
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Outdoor Shooting Range Definition:
Current Code On Outdoor Shooting Range: JCC 18.20.350(8)
11/6/2018 Planning Commission Hearing on November 7, 2018 23
JCC 18.10.150: Outdoor Shooting Range.
(See “Shooting range.”)
JCC 18.10.190: “Shooting range” means a
facility specifically designed and used for
safe shooting practice with firearms and/or
for archery practice, with individual or
group firing positions for specific weaponry.
Not
Defined
Not
Defined
No
Regulation
Deficiencies for Regulating CSFs Include:
Not
Defined
Current Code Has 9 “Standards”: JCC 18.20.350(8)(a)
11/6/2018 Planning Commission Hearing on November 7, 2018 24
(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;
Not
Defined
No regulation of the types of
weapons or caliber of bullets
Deficiencies for Regulating CSFs Include:
11/6/2018
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Current Code Has 9 “Standards”: JCC 18.20.350(8)(b)
11/6/2018 Planning Commission Hearing on November 7, 2018 25
(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;
There is no “NRA Range
Manual.” There is a document
called the NRA Source Book.
Which Version?
Deficiencies for Regulating CSFs Include:
Current Code Has 9 “Standards”: JCC 18.20.350(8)(d)
11/6/2018 Planning Commission Hearing on November 7, 2018 26
(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;
Deficiencies for Regulating CSFs Include:
Uncertain this requirement alone
would mitigate noise impacts without
and understanding of the types of
weapons or caliber of bullets.
11/6/2018
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Current Code Has 9 “Standards”: JCC 18.20.350(8)(i)
11/6/2018 Planning Commission Hearing on November 7, 2018 27
(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.
Lack of specificity makes
regulation difficult.
Deficiencies for Regulating CSFs Include:
18.15.045 Unnamed uses.
This code recognizes that not every conceivable use can be identified and that
new uses may evolve over time.Furthermore, it establishes the administrator’s
authority to review proposed “unnamed” uses for similarity with other uses
listed in this code and to ensure consistency of the proposed use with the
applicable district. When a use is not specifically listed in Table 3-1 (or, if proposed
within the Irondale and Port Hadlock UGA, in Chapter 18.18 JCC), it shall be
reviewed as a discretionary “D” use by the administrator, using a Type II process
specified in Chapter 18.40 JCC. The administrator shall use the criteria contained in
JCC 18.15.040(2) to determine and establish whether the proposed unnamed use
shall be classified as an allowed use, a conditional use, or prohibited within the
applicable district.
Unnamed Uses—JCC 18.15.045
11/6/2018 Planning Commission Hearing on November 7, 2018 28
11/6/2018
15
“Unnamed Uses” Code Is A Potential Loophole that Should Be Closed
•Unnamed Uses Code Is a Potential Loophole.
•How to Close the Potential Loopholes—Recommend Staff’s
Proposed Title 18 JCC Ordinance including:
1.Adding the New Definitions Proposed:
A.Commercial Shooting Facility.
B.Indoor Facility.
2.Adding Commercial Shooting Facility and Indoor Facility to
Table 3-1.
11/6/2018 Planning Commission Hearing on November 7, 2018 29
Draft Title 18 JCC
Ordinance and Proposed
Recommendation to the
BoCC
Planning Commission Hearing on November 7, 2018 11/6/2018 30
Draft Title 18 Ordinance
11/6/2018
16
Staff Recommendation
1.Fix Title 18:Close the Potential Title 18
Loopholes.
2.Make A Timely Recommendation:
Recommend As Is the Draft Title 18
JCC Parallel Ordinance to the BoCC.
3.Beat the Melt Date:
Give the BoCC enough time to consider
the Planning Commission’s
recommendations and pass a parallel
Title 18 Ordinance before the
moratorium ends on December 17,
2018.
11/6/2018 Planning Commission Hearing on November 7, 2018 31
Remember:
11/6/2018 Planning Commission Hearing on November 7, 2018 32
Source: https://panethos.wordpress.com/2011/08/03/loophole-land-uses%C2%A0are-coming%C2%A0to-town/which references
http://www.hedgefundlounge.com/2010/04/loopholes-in-dodds-legislation/.
11/6/2018
17
THANK YOU.
Planning Commission Hearing on November 7, 2018 11/6/2018 33
code
COUNTY OF JEFFERSON
STATE OF WASHINGTON
An Ordinance on Commercial Shooting Facilities } ORDINANCE NO. 12-1102-18
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 established 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, public complaints about lack of safety and land use compatibility issues
arising from the operation of commercial shooting facilities in unincorporated Jefferson County
have called on the scarce resources of Jefferson County's emergency management system and the
Sheriffs Office, which has the effect of diminishing the availability of these resources for
emergency services; and,
City of Seattle v. Montana, 129 Wash.2d 583,591-92 (1996).
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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, 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, Ordinance No. 05-1218-17 was amended by Ordinance No. 01-0220-18 to
allow noise testing during 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,
WHEREAS, in response to the public comment and testimony, additional improvements
to the draft ordinance have been made,
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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. §921(a)(2).
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
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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.
i. Consistent with the above, Chapters I and 11 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. Establishment of a Fee. The department shall charge a fee base fee of $450 plus actual
costs incurred (including consultant work) for processing an application for a commercial shooting
facility. This fee shall be added to the Appendix Fee Schedule for the department.
Section 8. SEPA Categorical Exemption. This ordinance is categorically exempt from the State
Environmental Policy Act under WAC 197-11-800(13)(c) and WAC 197-11-800(19).
Section 9. Effective Date. This ordinance is effective immediately upon adoption.
SIGNATURES FOLLOW ON NEXT PAGE)
4 of 41
ADOPTED this 2nd day of November 2018, at a:Sp p.m.
ATTEST:
Carolyn Ilaway,
Deputy Clerk of the Board
5 of 41
JEFFERSON COUNTY
BOARD OF TY O MISSIONERS
David Sul ivan, air
Kathleen Kler, Member
Voted A aginst)
Kate Dean, Member
APPROVED AS TO FORM:
j -:'r ///z
Philip C. Hunsucker, ate
Chief Civil Deputy Prosecuting Attorney
Sections:
APPENDIX A
Modifications to Current Articles I and II of Chapter 8.50 JCC]
Chapter 8.50
NO SHOOTING 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
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 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 ShootingFyOperating 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 18.20.350(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 shootingfacilityacility 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.
5)(7) 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
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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-eann," as used in this ehapter-, shall be defined as &-,y deviee that fir -es or- diseharges a
pistols, o „ lvers shotguns and ,.:rfos [Ord. 2 07-§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
9 of 41
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 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 #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
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
10 of 41
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.
Ord. 7-00]
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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.;
Thence westerly along said south line of Section 23 to the intersection with the westerly margin
of Paradise Bay Road;
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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;
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.
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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;
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;
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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 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
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.
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 open to the public 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 that for the use of the commercial shooting facility requires a contract, charges
a fee or other compensation, or requires membership. 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. For the avoidance of doubt, where
privately owned property is used primarily for lawful shooting practice for guests of
the owner, and where the other uses of the property either facilitate shooting practice
or are incidental, intermittent or occasional, it is presumed that the privately owned
property used for lawful shooting practices is a commercial shooting facility.
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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.
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
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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.
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.
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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
not limited to baffles, sidewalls, backstops and berms of adequate design, quantity, and
location to ensure that projectiles cannot 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 NROI National
Range Officer Institute, the IDPA International Defensive Pistol Association, the SASS
Single Action Shooters Society, the CMP Civilian Marksmans Program, the Washington
State Criminal Justice Commission, an armed forces or, as determined by the director, other
training equivalent to the National Rifle Association training for certification as a range
master or range officer.
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 repair of structures or property maintenance for which
permits are not required or repair of berms.
57) "Rules and regulations" means requirements used in the operation of a commercial shooting
facility.
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58) "Safety fan" means all areas in or outside a shooting range where projectiles may impact or
ricochet when firearms are operated in accordance with rules and regulations (as defined
above). 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.
61) "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 established 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
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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
established 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
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 application required by JCC 8.50.230(4)(a).
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.
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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.
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
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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.
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:
The department shall have the authority to establish procedures for noncompliance
inspections.
ii. The department shall contact the commercial shooting facility within one business day
after receipt by the department of a claim pursuant to subsection (d) and shall give the
commercial shooting facility a written notice of the claim; and,
iii. The owner or operator shall make the commercial shooting facility available for
inspection not later than two business days after receiving a request for an inspection
from the department.
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e) Following an annual inspection or a noncompliance inspection:
The department shall inform the owner or operator in writing of any deficiencies or
corrective actions to be taken, which may include any of the actions authorized by
subsection (f);
ii. The owner or operator shall take corrective action within a reasonable time, as
determined by the department in consultation with the operator; and,
iii. The owner or operator shall allow the department to conduct follow-up inspections to
verify that corrective action has been taken.
f) Life Safety Incident. If the director determines there was a life safety incident:
i. The director may suspend or modify the operating permit, close the commercial
shooting facility or a shooting range, or modify shooting range operations;
ii. The director shall provide the owner or operator a written notice that shall set forth
each claimed life safety incident with a specific reference to applicable violation of this
article or operating permit and the corrective measures to be taken;
iii. The owner or operator shall respond in writing to the written notice provided by the
director and shall take any necessary corrective measures within a reasonable time, as
determined by the department in consultation with the operator;
iv. The owner or operator shall allow the department to conduct follow-up inspections to
verify that corrective action has been taken;
V. The department shall verify that corrective action has been taken; and,
vi. Until the corrective measures are completed and verified, the director's determination
in 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.
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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;
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:
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:
Locations and dimensions of firing lines or firing points, target lines and impact
areas including all related buildings;
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ii. Locations, dimensions and slope of all backstops and side berms, whether natural
feature or manmade and the volume, source, and type of all materials of which they
are comprised;
iii. Locations and specifications of 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;
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;
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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;
f) A requirement that at least one range master or range officer be present when shooting is
occurring whenever the commercial shooting facility is open to the public;
g) A requirement that when the commercial shooting facility is closed to the public, a
commercial shooting facility member who has passed the minimum training requirements
of the range shall be present;
h) Provision for specific safety requirements for all cowboy action shooting, practical
shooting, and similar sports shooting matches at any shooting range;
i) Rules and regulations for changing the use of shooting ranges from cold ranges to hot
ranges or vice versa;
0) A means for participants and spectators to readily contact emergency services such as fare
or emergency medical services; and,
k) Provision for emergency services access by vehicle or air transport.
1) A requirement prohibiting the use of alcohol, Cannabis or other drugs at the commercial
shooting facility when it is open to the public or shooting is occurring.
m)A requirement that drones may not be flown by anyone on the commercial shooting
facility when open to the public or while shooting is being conducted.
n) A requirement that no shooting take place after dark, except for law enforcement officers
or members of the armed forces provided such shooting after dark for law enforcement
officers or members of the armed forces does not occur after 10 p.m., shooting does not
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exceed four hours, and the maximum days shooting after dark is allowed does not exceed
one day per week.
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) A description of any activities that would not be overseen by the owner or operator and
how the owner or operator will obtain compliance with the operating permit for these
activities.
d) The types and largest caliber of firearms and ammunition to be allowed on each shooting
range;
e) Type of shooting proposed on each shooting range;
f) Whether exploding targets are to be used. If so, a plan for mitigation of noise impacts on
neighbors;
g) 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;
h) 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,
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.
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i) 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,
d) Contain BMPs to minimize noise nuisance consistent with the NRA Source Book and
Chapter 8.70 JCC (noise control).
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7) Professional Evaluation.
a) The Professional Evaluation shall be the responsibility of the county under the direction
of the director and shall be performed by a qualified shooting range evaluator.
b) If requested, the applicant shall allow for an inspection of the site of the new or
established commercial shooting facility by the qualified shooting range evaluator.
c) 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:
The evaluation shall discuss any safety issues not addressed by the operating
permit application;
ii. The evaluation shall discuss any proposed uses that are inconsistent with the NRA
Range Source Book for facility designs and institutional controls;
iii. The evaluation shall include the commercial shooting facility's uses and
institutional controls described in the application for an operating permit;
iv. The evaluation shall be in written form and signed by the qualified shooting range
evaluator;
V. For new commercial shooting facilities, the evaluation shall certify that the
operating permit application satisfies all the requirements of this article.
vi. For established 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:
A. Life safety issues or critical area deficiencies that must be remedied prior to
issuance of an operating permit;
B. Facility design components that do not meet the safety objectives of this
article; and,
C. Facility design components that do not mitigate detrimental effects of the
facility on critical areas.
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d) The applicant shall reimburse the county for the actual costs incurred (including
consultant work) of the evaluation. No operating permit shall be issued until
reimbursement to the county is made.
e) The applicant may challenge the evaluation by appealing the professional evaluation to
the hearing examiner pursuant to JCC 8.50.260.
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:
i. 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 established commercial shooting facility
shall be accompanied by a notarized certification by the operator that specifies the
following:
i. 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 properties.
9) Notice and Comment.
a) The director shall issue a notice of application for on all commercial shooting facilities.
b) The notice of application shall include the following:
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i. The name and address of the applicant or the applicant's representative;
ii. The date of application, the date of the notice of completion for the application, and
the date of the notice of application;
iii. The street address location of the project or, if unavailable, a description of the
subject property reasonably sufficient to inform the public of its location, which may
include a vicinity location (map), the location in reference to roadway intersections,
or a written description (rural route box or subdivision lot and block alone are not
sufficient);
iv. The identification of state, federal or other permits required by other agencies with
jurisdiction not included in the application, to the extent known by the county;
V. The name and phone number of the person at the department evaluating the
application;
vi. A statement of the limits of the public comment period, which shall be 30 calendar
days following the date of the notice of application;
vii. Statements of the right of any person to comment on the application, receive notice of
and participate in any hearings, request a copy of the decision once made, and any
appeal rights;
viii. A statement of the preliminary determination, if one has been made at the time of the
notice of application, of the proposed commercial shooting facility's consistency with
this article;
ix. The date, time, place of hearing, if applicable, and if scheduled prior to the date of
the notice of application;
X. A statement of when and where a copy of the application, all supporting
documentation and evidence relied upon by the applicant, and applicable
development regulations may be available for public inspection;
xi. A statement that a copy of any staff report will be available for inspection at no cost
to the public at least 7 calendar days prior to any public hearing (if applicable); and,
xii. Any other information the administrator determines appropriate.
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c) The director shall issue the notice within 14 calendar days of receipt of an application for
a commercial shooting facility.
d) The notice of application shall be sent by mail to the applicant and to all property owners
identified in JCC 8.50.240(h).
e) The notice of application shall also be published in the official county newspaper at least
once. Published notice shall include the proposed commercial shooting facility's road or
street address or location, type(s) of permit(s) all applied for concerning the commercial
shooting facility, comment period dates, and location where the complete application and
notice of application may be reviewed.
f) The department shall be responsible for preparation of the list of all property owners
identified in JCC 8.50.240(h); provided, that the director retains the authority to require
the applicant to supply and certify the list of all property owners identified in JCC
8.50.240(h) in circumstances where the information is not readily available to the county.
The department shall obtain addresses for mailed notice from the county's geographic
information system (GIS) or real property tax records. The director shall make a notation
in the file affirming mailing of notice to all persons entitled to notice under this article.
g) All public notices shall be deemed to have been provided or received on the date the
notice is deposited in the mail or personally delivered, whichever occurs first.
h) Failure to send notice by mail shall not invalidate such proceedings where the owner
appears at the hearing or receives actual notice.
i) As optional methods of providing public notice of any operating permits, the county may:
i. Notify the public or private groups with known interest in a certain proposal or in the
type of proposal being considered;
ii. Notify the news media;
iii. Place notices in appropriate regional or neighborhood newspapers or trade journals;
iv. Place public notice in agency newsletters or send notice to agency mailing lists, either
general lists or lists for specific proposals or subject areas;
V. Mail to neighboring property owners; or,
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vi. Place notices on the Internet.
0) The county's failure to provide the optional notice as described above shall not be
grounds for invalidation of any operating permit decision.
k) The comment period shall be 30 calendar days from the date of the published notice of
application.
1) Comments may be mailed, personally delivered or sent by facsimile.
m)Comments shall be as specific as possible.
n) The director will receive public comments during regular business hours any time up to
and during the open record hearing, if any, or if there is no pre -decision hearing, prior to
the decision on the operating permit.
o) The county may not issue a decision or recommendation on the operating permit until the
expiration of the public comment period on the notice of application.
p) The applicant shall reimburse the county for the actual costs incurred for providing
notice. No operating permit shall be issued until reimbursement to the county is made.
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) Containment. Commercial shooting facilities shall be designed and operated so that when
firearms are operating in accordance with the rules and regulations (as defined above) all
projectiles are kept 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
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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.
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.
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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 Reports of Violation.
a) Name of Informant. All reports of violation shall be encouraged to 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).
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.
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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.
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(8 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:
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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
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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