HomeMy WebLinkAbout11 0923 19C�1
STATE OF WASHINGTON
JEFFERSON COUNTY
An Ordinance Establishing a Moratorium }
on Commercial Shooting Facilities in } ORDINANCE NO. 11-0923-19
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 state 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, widely disseminated information exists about uncontrolled incidents at
shooting ranges where people's safety has been threatened; and,
WHEREAS, commercial shooting facilities are best developed using the best available
source information on ensuring minimizing risks from the discharge of firearms and ensuring the
greatest level of public safety both on and off these facilities; and,
WHEREAS, the National Rifle Association (NRA) 2012 Range Source Book, which is
provides the best available guidance to assist in safely planning, designing, constructing and
maintaining shooting range facilities, makes clear that following these published best practices
minimizes but does not eliminate risks associated with the use of firearms either on or off the
range; and, the NRA further publishes that commercial shooting facilities should have an operating
plan that is consistent with the 2012 Range Source Book that satisfies the goal of reasonable
accommodations for the safety of both those utilizing the range and the general public; and,
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WHEREAS, at commercial shooting facilities and their surrounding areas, there is a
reasonable likelihood that humans, domestic animals, or property will be jeopardized; and,
WHEREAS, Jefferson County experienced a substantial increase in population density in
areas proximate to its existing commercial shooting facilities and the 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
Sheriff's Office, which has the effect of diminishing the availability of these resources for
emergency services; and,
WHEREAS, Jefferson County has rural areas where commercial shooting facilities may
be appropriate, but where emergency services are scarce and adopting a commercial shooting
ordinance would promote public safety and preserve precious emergency services; and,
WHEREAS, commercial shooting facilities benefit Jefferson County by providing its
residents and law enforcement the opportunity to learn firearm safety, to practice shooting, and to
participate in amateur recreational firearm sports in a safe, controlled setting; and,
WHEREAS, the Jefferson County Board of Commissioners (BoCC) finds it is in the
public interest to provide for commercial shooting facilities in Jefferson County in the face of
increasing population pressure and density of conflicting land uses; and,
WHEREAS, on December 18, 2017, the BoCC adopted Ordinance 05-1218-17
establishing a Moratorium on Commercial Shooting Facilities in Unincorporated Areas of
Jefferson County (the 2017 Moratorium); and,
WHEREAS, the 2017 Moratorium directed Jefferson County staff and a review committee
to prepare an ordinance or ordinances for existing and new commercial shooting facilities within
unincorporated Jefferson County with uniform requirements that: (1) provides for and promotes
safety by establishing a permitting procedure and rules for the siting, design and operation of
commercial shooting range facilities that safeguards participants, spectators, neighboring
properties and the public; (2) does not prohibit or expressly regulate the discharge of firearms; (3)
involves measures designed to make the discharge of firearms safe; (4) protects the environment;
(5) ensures compatibility with neighboring land use; and, (6) promotes the continued availability
of shooting facilities for firearm education, practice in the safe use of firearms, and recreational
firearm sports; and,
WHEREAS, the BoCC adopted Ordinance 12-1102-18 (the Title 8 Ordinance) on
November 2, 2018 and adopted Ordinance No. 15-1214-18 (the Title 18 Ordinance) on December
14, 2018 which the BoCC determined met the requirements of the 2017 Moratorium; and,
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WHEREAS, on September 16, 2019, the Western Washington Growth Management
Hearings Board (Growth Board) issued its Final Decision and Order in Case No. 19-02-0003-c,
which invalidated the Title 8 Ordinance and the Title 18 Ordinance under the Growth Management
Act (Chapter 36.70A RCW) and remanded them to Jefferson County to achieve compliance as
addressed in the Final Decision and Order with compliance due on March 2, 2020; and,
WHEREAS, the BoCC finds that careful analysis of the Growth Board Final Decision and
Order should be performed and a determination made as to how to prepare regulations to comply
with Growth Board Final Decision and Order so the BoCC's original direction in the 2017
Moratorium may be achieved with uniform requirements for existing and new commercial
shooting facilities within unincorporated Jefferson County; and,
WHEREAS, this moratorium is authorized by RCW 36.70.795, RCW 36.70A.390 and
Article 11, § 11 of the Washington State Constitution, for up to 6 months for Jefferson County's
planning agency is made part of this Ordinance; and,
NOW, THEREFORE, be it ordained by the BoCC as follows:
Section 1. Moratorium. There shall be in unincorporated Jefferson County a moratorium with
respect to:
The submission, acceptance, processing or approval of any Jefferson County permit applications
for any proposed use, development, proposal or project for the siting, construction or modification
of any commercial shooting facility, during the period of development of an ordinance for the
permitting, development and operation of commercial shooting facilities that: (1) provides for and
promotes safety by establishing a permitting procedure and rules for the siting, design and
operation of commercial shooting range facilities that safeguards participants, spectators,
neighboring properties and the public; (2) does not prohibit or expressly regulate the discharge of
firearms; (3) involves measures designed to make the discharge of firearms safe; (4) protects the
environment; (5) ensures compatibility with neighboring land use; and, (6) promotes the continued
availability of shooting facilities for firearm education, practice in the safe use of firearms, and
recreational firearm sports.
Section 2. Definitions. As used in this Ordinance, the following definitions shall apply in the
interpretation and enforcement of this Ordinance:
2.1 "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, 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. In addition, 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.
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;
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(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.
2.2 "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 941.010. The term "firearm" shall
not include: (1) 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 (2) a "destructive device" as defined in 18 U.S.C. Section 921(a)(2).
2.3 "Shooting range" consists of a firing line or firing points, and an impact area.
Section 3. Effect of Moratorium. This moratorium neither impacts any permit applications
relating to acceptance, processing, or approval of any Jefferson County permit applications for any
proposed use, development, proposal or project for the siting, construction or modification of any
commercial shooting facility that have previously been deemed "substantially complete" by
Jefferson County, nor alters, amends, repeals or revises any other applicable statute, regulation, or
code provision applicable to such substantially complete applications.
Section 4. Compliance with State and Federal Law. Consistent with RCW 9.41.300, the ordinance
or ordinances being developed required by this Ordinance shall not abridge the right of the
individual guaranteed by Article I, section 24 of the state Constitution to bear arms in defense of
self or others or the Second Amendment of the United States Constitution.
Section 5. Duration. Unless subsequently extended by the BoCC pursuant to state law, this
moratorium adopted by this Ordinance is effective immediately upon adoption and shall remain in
effect not longer than 6 months.
Section 6. Public Hearing. Pursuant to state law, a public hearing regarding this moratorium will
be held by the County Commission no later than 60 days after adoption.
Section 7. Findings. The BoCC hereby adopts the above recitals (the "WHEREAS" statements)
as its findings of fact in support of this Ordinance.
Section 8. 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.
(SIGNATURES FOLLOW ON THE NEXT PAGE)
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ADOPTED this -�-3�day of September 2019, at 3 : O
SEAL,1
•`y 1
AfTS
•gsaK ��,
Cg� w
Caroly, allaway,
Deputy Clerk of the Board
5 of 5
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
Kate Dean.,nair
David Sullivan,
g
ber
i
APPROVED AS TO FORM:
g e
Philip C. Hunsucker, Date
Chief Civil Deputy Prosecuting Attorney
September 23, 2019
Board of County Commissioners
1820 Jefferson Street
PO Box 1220
Port Townsend, WA 98368
Kate Dean, District 1 David Sullivan, District 2 Greg Brotherton, District 3
Michael Nilssen, Chair, Jefferson County Planning Commission
Members, Jefferson County Planning Commission
621 Sheridan Street
Port Townsend, WA 98368
RE: Referral of County Ordinance No. 12-1102-18 (Title 8 - Health and Safety Code) And
Ordinance No. 15-1214-18 (Title 18 — Land Use Code) To the Jefferson County Planning
Commission
Dear Chair Nilssen and Planning Commission Members,
On September 16, 2019, the Western Washington Growth Management Hearings Board (Growth Board)
issued its Final Decision and Order in Case No. 19-02-0003-c, which invalidated Jefferson County
Ordinance No. 12-1102-18 (Title 8 - Health and Safety Code) and Ordinance No. 15-1214-18 (Title 18 —
Land Use Code) under the Growth Management Act (Chapter 36.70A RCW) and remanded them to
Jefferson County to achieve compliance as addressed in the Final Decision and Order with compliance
due on March 2, 2020. Although the County plans to file a motion for reconsideration with the Growth
Board and may appeal the decision in court, the County Commissioners are asking the Planning
Commission to begin work immediately, in coordination with County staff, on legislation to revise the
two ordinances, as outlined below.
1. The County will be making changes to the ordinances to comply with the Growth Board's
decision, and staff is already working on constructive ideas to bring to the Planning Commission
for your consideration. Careful analysis of the Growth Board Final Decision and Order will need
to continue to be performed by the Planning Commission and County staff, and a determination
made as to potential amendments to the ordinances to comply with Growth Board Final Decision
and Order, while also being consistent with state and federal law, so the Commissioners' original
direction in the 2017 Moratorium Ordinance may be achieved with uniform operating
requirements for both existing and new commercial shooting facilities within unincorporated
Jefferson County. We anticipate having draft amendment language for the Planning Commission
by October 16, prior to the Planning Commission setting a Public Hearing. However, to start the
process, we are referring the two existing ordinances to you now.
2. Because the Growth Board decision invalidates the two ordinances, the Commissioners passed a
6 -month moratorium in order to preserve the status quo pending new legislation. The moratorium
became effective immediately.
3. Because the Growth Board's order sets a March 2, 2020 deadline for the Board of County
Commissioners to take final action to come into compliance, there is only a short time for the
Planning Commission to make its recommendations to the County Commissioners, while
providing enough time remaining for the Board of County Commissioners to adopt legislation
before the March 2 deadline. A potential appeal by the County of the Growth Board decision
Phone (360) 385-9100 Fax (360) 385-9382 jeffbocc@co.jefferson.wa.us
does not stay the effect of the Growth Board decision during the appeal, so the work on the
ordinances needs to be done in time for the County to meet its March 2 deadline, regardless of
whether or not an appeal is eventually filed.
4. Accordingly, the Commissioners refer to the County Planning Commission both ordinances for a
recommendation on how to prepare regulations that comply both with the Growth Board's
decision and the GMA supremacy rule in the Washington Administrative Code (WAC), and to
meet the Board of Commissioner's original intent to adopt uniform operating requirements for
both existing and new commercial shooting facilities within unincorporated Jefferson County.
5. The Planning Commission's recommendation must be transmitted to the Board of County
Commissioners by December 4, 2019.
6. The Planning Commission's recommendations must comply with state and federal law. We
recognize the complexity of the work you have before you. WAC 365-196-725 states that
comprehensive plans and development regulations adopted under the GMA are subject to the
supremacy principle of Article VI, United States Constitution and of Article XI, Section 11,
Washington state Constitution.
7. We expect staff to provide recommended changes, along with a staff report, to the Planning
Commission before the October 16, 2019 regularly scheduled Planning Commission meeting.
We also note that the Planning Commission's work on these two ordinances will be done in the limited
time window before the Planning Commission once again takes up and then completes work on the
Update to the Critical Areas Ordinance (CAO). The Critical Areas Regulatory Reform Task Force is
scheduled to issue its recommendations by November 18, 2019, and County staff will prepare a revised
Draft Update to the CAO for the Planning Commission to consider starting November 29, 2019. The
Planning Commission's recommendations on the CAO Update will be due to the County Commissioners
by January 17, to allow the County Commissioners time to adopt an Update to the Critical Areas
Ordinance by February 28, 2020.
The County faces tight deadlines for both the commercial shooting facility regulations and the Update to
the Critical Areas Ordinance. We recognize the deadlines faced by the County also impact the Planning
Commission. There is much work now on the Planning Commission's plate to be completed in the
coming four months.
We sincerely thank each Planning Commission member for your service on both of these projects. We
look forward to receiving the Planning Commission's recommendations on the comm cial shooting
facility regulations, Ordinance No. 12-1102-18 (Title 8 - Health and Safety Code) an Ordinance No. 15-
1214-18 (Title 18 — Land Use Code) on December 4, 2019.
Sincerely,
Y�t
Kate'Dean, Chair David ullivan, Member Greg Brotherton, ember
ATTACHMENTS: - Ordinance No. 12-1102-18 and Ordinance No. 15-1214-18
- Western Washington Growth Management Hearings Board Final Decision and
Order; Case No. 19-2-0003c, September 16, 2019
ec: 0-A
Ede
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 9.41.304(2)(al 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 II of Chapter 8.50 JCC shall be amended as
shown in Appendix A.
Article III of Chapter 8.50 JCC shall be added as set forth in Appendix B.
Section 2. Conflicts with JCC. 18.20.350(8). If any provision of this article conflicts with JCC
18.20.350(8), the provisions of this article shall prevail.
Section 3. Effect on the Moratorium. The moratorium is continued pending completion of the
Planning Commission consideration of proposed changes to Title 18 JCC and BoCC consideration
of changes to Article 2, Chapter 8.50 JCC (No Shooting Areas) and Chapter 8.70 JCC (Noise
Control).
Section 4. Duration of the Moratorium. Unless subsequently extended by the BoCC pursuant to
state law, the moratorium adopted by Ordinance No. 05-1218-17 shall remain in effect not longer
than one year from its adoption, consistent with the work plan detailed in Section 6 of Ordinance
No. 05-1218-17.
Section 5. Findings. The BoCC hereby adopts the above recitals (the "WHEREAS" statements)
as its findings of fact in support of this Ordinance.
Section 6. Severability. The provisions of this Ordinance are declared separate and severable. If
any provision of this Ordinance or its application to any person or circumstances is held invalid,
then the remainder of this Ordinance or application of its provisions to other persons or
circumstances shall remain valid and unaffected.
Section 7. 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)
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ADOPTED this 2nd day of November 2018, at v2 :5p p.m.
r
ATTEST:
Carolyn laway,
Deputy Clerk of the Board
JEFFERSON COUNTY
BOARD OF Y O MISSIONERS
David Sulivan, air n
'k6L.
Kathleen Kler, Member
5 of 41
Noted Against)
Kate Dean, Member
APPROVED AS TO FORM:
C'
///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 Areas
8.50.100
Kala Point.
8.50.110
Port Ludlow.
8.50.120
Brinnon — Black Point.
8.50.130
Brinnon.
8.50.140
Brinnon — Triton Cove.
8.50.150
Brinnon — Olympic Canal Tracts.
8.50.160
South Coyle Peninsula.
8.50.170
Paradise Bay.
8.50.180
Chimacum Creek.
8.50.190
Tala Shore.
8.50.200
Ocean Grove.
Article 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 ShootingFlity Operating Permit.
8.50.250 Minimum Standards.
8.50.260 Administrative Remedy for Decisions Made by the Director.
8.50.270 Judicial Appeals.
8.50.280 Safe Harbor for Owners and Operators.
8.50.290 Reports of Violations of this Article.
8.50.300 Review Committee.
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8.50.3 10 Conflicts with JCC 18.20.350(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 shooting facilitv which has obtained an operating
permit or provisional operating pursuant to Article III of Chapter 8.50 JCC.
(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.
(S)Q The continued operation of legally established private or public gun club facilities or
commercial shooting ranges that are not commercial shooting facilities as defined in Article III
of Chapter 8.50 JCC, and which were established and operating prior to the enactment of the no
shooting area or the development of outdoor ranges constructed in compliance with JCC
18.20.350(8). [Ord. 2-07 § 2]
8.50.030 Prohibited.
It is unlawful for any person to discharge any firearm or to propel from any portion of Jefferson
County any projectile discharged from any firearm across, in or into a no shooting area
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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,e&-m," as used in tMs ehajAer-, shall be defined as wary deviee that fir -es or- disehexges
pr-ejeetileusing an VAk/LVJive ehe&ge as a propellant and shall ' but not be limited '
Y:stet . revolvers, shotguns and .:ae� [Q f 2 07 § Al "Firearm" means a weapon or device from
a.�rvro, rv` , .
which a projectile or projectiles may be fired by an explosive such as gunpowder. The definition
of "firearm" includes the terms pistol rifle short -barreled rifle shotgun short -barreled shotgun
machine gun, and antique firearm as those terms are defined in RCW 9.41.010 The term
"firearm' shall not include: (a) devices including but not limited to "nail guns," which are used
as tools in the construction or building industries and which would otherwise fall within this
definition; or, (b) a "destructive device" as defined in 18 U.S.C. Section 921(a)(2)
8.50.050 Creation, alteration, or dissolution of a no shooting area.
(1) The process for the creation, alteration, or dissolution of a no shooting area can be initiated in
accordance with RCW 9.41.300, wherein counties are authorized to enact laws and ordinances
restricting the discharge of firearms "where there is a reasonable likelihood that humans,
domestic animals, or property may be jeopardized," by either:
(a) A petition filed by residents containing the signatures of at least 20 elector -residents of each
voting precinct in the area under consideration; or
(b) A majority vote of the board of county commissioners.
(2) Petitions or requests for the creation of a no shooting area or to alter or dissolve an existing
no shooting area by the Jefferson County board of commissioners shall be filed with the clerk of
the board of county commissioners. The petition or request must be based on a definable threat
to the public health, safety or general welfare.
(3) The petition or request must include a legal description of the proposed boundaries with: a
map showing the proposed area, a written statement explaining the reasons for the petition, and a
statement, where applicable, of reported incidence involving firearms in the petition area.
(4) After petition signatures have been verified by the Jefferson County auditor -elections and the
board of county commissioners finds the petition warrants consideration, the county
commissioners shall hold a public hearing regarding the petition or may choose to facilitate an
amicable solution within the proposed area or may assign a review committee to consider the
merit of the petition specific to the area under consideration. The county commissioners may
have the review committee consider the petition before establishing a date for the public hearing.
Treaty tribes will be contacted by the county to identify any concerns and invite their
participation.
(a) The review committee shall consist of:
(i) The county sheriff or his designee.
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(ii) The director of the department of community development, or his designee.
(iii) Three residents -at -large to be appointed by the county commissioners.
(iv) At least one representative of tribal interests will be invited.
(v) Representative stakeholders from the petition area as determined by the county
commissioners, with the goal of including persons from all sides of any contended or
questionable issue.
(b) The review committee shall consider, but is not limited to consideration of, the location,
terrain and surrounding land use of the petition area. The committee shall also consider any
additional instructions given by the county commissioners at the assignment of the committee.
The county commissioners shall hold a public hearing on the review committee's
recommendations soon after they are received by the commission.
(5) Legal notice of the public hearing shall be published one time in the official newspaper of the
county at least 10 days prior to the hearing.
(6) If the county commissioners find the formation, alteration, or dissolution of the petitioned
area to be beneficial to the public health, safety or general welfare, the area shall be established,
altered, or dissolved as a no shooting area by ordinance. The board of commissioners shall
consider, but is not limited to considerations of, the location, terrain and surrounding land use of
the petitioned area. The board of commissioners shall determine the final boundaries for the
creation of a no shooting area.
(7) Public works may post signs along public roads indicating a no shooting area boundary
where deemed necessary. The department of community development shall inform development
and permit applicants if a parcel is within a no shooting area. [Ord. 2-07 § 5]
8.50.060 Violations — Misdemeanors - Penalty — Arrest.
(1) Any person discharging a firearm in a no shooting area is guilty of a misdemeanor. It shall
not be a violation of articles I and II of this chapter when a person discharges a firearm in
accordance with the provisions of RCW 9A.16.020.
(2) Any law enforcement officer having probable cause to believe that a person has committed a
violation of articles I and II of this chapter has the authority to arrest the person.
(3) The first offense for violation of article I or II of this chapter constitutes a civil penalty not to
exceed $100.00. Consecutive offenses are punishable, upon conviction, by a fine not to exceed
$250.00 or by confinement in the county jail for a period of not more than 90 days. [Ord. 2-07 §
6]
8.50.070 Enforcement officers and procedures.
Enforcement of articles I and II of this chapter may be by any state or county law enforcement
officer, state game officer, or state fish and wildlife officer. All such enforcement officers are
empowered to issue citations to and/or arrest without warrant persons violating the provisions of
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this chapter. Said enforcement officers may serve and execute all warrants, citations and other
process issued by the courts.
In addition, mailing by registered mail of such warrant, citation or other process to the last
known place of residence of the offender shall be deemed as personal service upon the person
charged. Said enforcement officers may seize and hold as evidence the weapon and ammunition
of any person violating the provisions of this chapter. [Ord. 2-07 § 7]
8.50.080 Interpretation.
In the event any other county ordinance, whether or not codified, is in conflict with any of the
terms of articles I and II of this chapter, the more stringent shall be construed as applicable. [Ord.
2-07 § 8]
Article II. Boundary Descriptions for No Shooting 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
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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 § I]
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 260 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.
01) "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:
A claim of noncompliance with the operating permit; or,
ii. A claim that there exists either a life safety incident or threatened harm.
For noncompliance inspections:
i. The department shall have the authority to establish procedures for noncompliance
inspections.
ii. The department shall contact the commercial shooting facility within one business day
after receipt by the department of a claim pursuant to subsection (d) and shall give the
commercial shooting facility a written notice of the claim; and,
iii. The owner or operator shall make the commercial shooting facility available for
inspection not later than two business days after receiving a request for an inspection
from the department.
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(e) Following an annual inspection or a noncompliance inspection:
i. The department shall inform the owner or operator in writing of any deficiencies or
corrective actions to be taken, which may include any of the actions authorized by
subsection (f);
ii. The owner or operator shall take corrective action within a reasonable time, as
determined by the department in consultation with the operator; and,
iii. The owner or operator shall allow the department to conduct follow-up inspections to
verify that corrective action has been taken.
(f) Life Safety Incident. If the director determines there was a life safety incident:
i. The director may suspend or modify the operating permit, close the commercial
shooting facility or a shooting range, or modify shooting range operations;
ii. The director shall provide the owner or operator a written notice that shall set forth
each claimed life safety incident with a specific reference to applicable violation of this
article or operating permit and the corrective measures to be taken;
iii. The owner or operator shall respond in writing to the written notice provided by the
director and shall take any necessary corrective measures within a reasonable time, as
determined by the department in consultation with the operator;
iv. The owner or operator shall allow the department to conduct follow-up inspections to
verify that corrective action has been taken;
V. The department shall verify that corrective action has been taken; and,
vi. Until the corrective measures are completed and verified, the director's determination
in JCC 8.50.230(5)(fl(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:
i. Locations and dimensions of all walkways;
ii. Locations of all hazardous material storage and use, per a hazardous substance or
hazardous waste management plan, if needed; and,
iii. The component parts for each shooting range.
(b) The Facility Design Plan for all outdoor commercial shooting facilities:
i. Locations and dimensions of firing lines or firing points, target lines and impact
areas including all related buildings;
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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 fire
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:
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:
i. 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(fl 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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c!C DCT)
000IC-
COUNTY OF JEFFERSON
STATE OF WASHINGTON
An Ordinance Harmonizing Title 18 JCC }
with the Commercial Shooting Facilities ) ORDINANCE NO. 15-1214-18
Ordinance No. 12-1102-18 }
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, in the Moratorium Ordinance, the BoCC established a review committee
(Review Committee) to advise the County as the County developed a draft ordinance for the
permitting, development and operation of commercial shooting facilities that: (1) provides for and
promotes safety by establishing a permitting procedure and rules for the siting, design and
operation of commercial shooting range facilities that safeguards participants, spectators,
neighboring properties and the public; (2) does not prohibit or expressly regulate the discharge of
firearms; (3) involves measures designed to make the discharge of firearms safe; (4) protects the
environment; (5) ensures compatibility with neighboring land use; and, (6) promotes the continued
availability of shooting facilities for firearm education, practice in the safe use of firearms, and
recreational firearm sports; and,
WHEREAS, the Review Committee included persons with diverse viewpoints about
regulation of shooting ranges in the County; and,
WHEREAS, the Review Committee sometimes engaged in spirited discussions, but the
discussions were always respectful of opposing viewpoints, even when there were areas of
disagreement; and,
WHEREAS, every person on the Review Committee participated actively and provided
invaluable input to the development of the draft ordinance;
WHEREAS, the Review Committee diligently followed the direction from the BoCC in
Section 6.6 of the Moratorium Ordinance that it shall: (a) study the safety, environmental and land
use impacts of commercial shooting facilities and reasonable measures to address those impacts,
including among other measures whether there should be an amendment to the No Shooting Areas
Ordinance, Chapter 8.50 JCC to allow indoor commercial shooting facilities in No Shooting Areas;
and, (b) shall provide input to the County as the County generates and recommends a draft
ordinance; and,
WHEREAS, the Review Committee met fifteen times in open public meetings, usually for
3 or more hours, in the BoCC's Chambers on May 9, 2018, May 16, 2018, May 23, 2018, June 6,
2018, June 13, 2018, June 20, 2018, June 28, 2018, July 11, 2018, July 19, 2018, July 25, 2018,
August 1, 2018, August 8, 2018, August 15, 2018, August 17, 2018 and August 23, 2018. and all
the meetings of the Review Committee can be viewed on the County's AVCapture All system;
and,
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WHEREAS, the Review Committee's work satisfied well the BoCC's finding in the
Moratorium Ordinance 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;"
WHEREAS, on August 23, 2018, staff forwarded a staff report, including a draft
commercial shooting facility ordinance, recommending to the BoCC that proposed to amend Title
8 JCC, the Health and Safety Code that would add a new Article III, Chapter 8.50 JCC;
WHEREAS, staff recommended changes to Title 18 JCC in order to harmonize Title 18
JCC with 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 would revise Title 18 JCC in light of the
new Article III, Chapter 8.50 JCC; and,
WHEREAS, on November 2, 2018 the Board of County Commissioners adopted
Ordinance 12-1102-18, amending Title 8 JCC, the Health and Safety Code, adding a new Article
III to Chapter 8.50 JCC; and,
WHEREAS, the Planning Commission has forwarded its recommendations to the BoCC
regarding the draft ordinance proposed by staff that would revise Title 18 JCC in light of the new
Article III, Chapter 8.50 JCC; and,
WHEREAS, following the Planning Commission's consideration of the draft ordinance
recommended by the Planning Commission that would revise Title 18 JCC in light of the new
Article III, Chapter 8.50 JCC, the BoCC has held a hearing and has received public comment on
the draft ordinance recommended by the Planning Commission that would revise to Title 18 JCC
in light of the new Article III, Chapter 8.50 JCC; and,
WHEREAS, in response to the public comment and testimony, additional improvements
to the proposed ordinance recommended by the Planning Commission that would revise Title 18
JCC in light of with the new Article III, Chapter 8.50 JCC have been made; and,
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.
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.
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Section 4. Repeal and Amend. The changes authorized above are to repeal JCC 18.20.350(8) and
amend other relevant provisions in Title 18 JCC. However, legal nonconforming uses 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. SEPA Compliance. The Jefferson County Department of Community Development
prepared an environmental checklist detailing the proposed ordinance and its potential impacts for
compliance with the State Environmental Policy Act (SEPA). After review of the environmental
checklist, proposal, available information, and applicable regulations, Jefferson County's SEPA
Responsible Official issued a Determination of Non -Significance (DNS) on October 31, 2018
under WAC 197-11-340(2). The DNS was published on October 31, 2018 in the PT Leader and
was sent to affected government agencies, tribal governments, and other parties. Jefferson County
had a SEPA comment period from October 24 until November 16, 2018. The comment period
was originally published in the PT Leader on October 24, 2018. After a review of the public and
agency comments received during the comment period, the SEPA Responsible Official retained
the DNS. Jefferson County submitted the proposed UDC amendments to the Washington State
Department of Commerce for review, as required by the Growth Management Act. On November
8, 2018 the Washington State Department of Commerce concluded its review under its expedited
review authority.
Section 6. Effective Date. This ordinance is effective immediately upon adoption.
ADOPTED this 14 day of DAC eM h A. 2018, at 4 :29 p.m.
Carolynitallaway,
Deputy Clerk of the Board
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JEFFERSON COUNTY
BOARD O OUN Y COMMISSIONERS
David ullivan, Chair
Kathleen Kler, Member
(Voted Against)
Kate Dean, Member
APPROVED A TO FORM:
%s
Philip C. Hunsucker, Date
Chief Civil Deputy Prosecuting Attorney
APPENDIX A
ADDITIONS OR DELETIONS TO DEFINITIONS:
18.10.030 C definitions.
"Commercial shootin& facility" has the same meaning as in JCC 8.50.220(15).
18.10.060 F definitions.
"Firearm" has the same meaning as in JCC 8.50.040.
18.10.090 I definitions.
"Indoor commercial shootina facility" means has the same meaning as "indoor facility" in JCC
8.50.220(34).
18.10.130 M definitions.
"Minimal impacts" means impacts that do not cause adverse impacts on the human or natural
environments that cannot be mitigated by conditions of approval
"Minimal demands on existing infrastructure" means demands that do not cause the need for
additional infrastructure, including but not limited to roads fire protection, water, wastewater
disposal or stormwater control that is not provided by the applicant
18.10.140 N definitions.
"NRA Range Source Book" has the same meaning as in JCC 8.50.220(39).
18.10.150 O definitions.
"Outdoor shooting facility means any use that includes a shooting range whether or not it is an
outdoor commercial shooting facility. However, outdoor shootingfacility does not include
shooting ranges that meet the exceptions for a commercial shooting facility in JCC
8.50.220(l5)(a) or Ll_
"Outdoor commercial shooting facility" has the same meaning as outdoor facility in JCC
8.50.220(451.
18.10.160 P definitions.
"Projectile" has the same meaning as in JCC 8.50.220(50).
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18.10.180 R definitions.
"Recreational uses" means those activities of a voluntary and leisure time nature that aid in
promoting entertainment, pleasure, play, relaxation, or instruction.
18.10.190 S definitions.
"Shooting range" means a f6eilify sigeeifleaNy desianed and ased for- safe sheetifte emetiee with
weapeffj�-has the same meaning as in JCC 8.50.220(61).
"Small-scale recreation or tourist uses" means recreational uses or tourist uses that are reliant
upon a rural setting or location, do not include any new residential development beyond that
allowed in the underlying Ig, and use district: and otherwise meet the performance standards in JCC
18.20.350.
8.10.200 T definitions.
"Tourist uses" means used by persons traveling for pleasure or culture.
CHANGES TO JCC 18.20.170(4):
JCC 18.20.170(4) Standards for Cottage Industries
(4) All cottage industries shall be subject to the following standards, except as provided for in the
West End Planning Area and Brinnon Planning Area — Remote Rural overlay districts as
specified in Article VI -L of Chapter 18.15 JCC, Remote Rural Overlay Districts for the West
End Planning Area and the Brinnon Planning Area.
(a) The cottage industry shall be operated by at least one full-time, bona fide resident in a single-
family residence of the parcel on which the proposed use is being requested.
(b) The cottage industry may not employ more than four employees on the site who reside off the
subject property. Auto and truck repair shall only employ two persons on the site who reside off
the subject property.
(c) Only those buildings or areas as specifically approved by the county may be utilized in the
conduct of business.
(d) Any business requiring customers to visit the site shall provide adequate on-site parking
spaces, in addition to one for each full-time equivalent employee who resides off the subject
property, and two for the owners of the property. All parking spaces shall meet the standards of
JCC 18.30.100.
(e) All structures and outside activities shall be so located or screened from adjacent properties to
avoid disturbances through glare, noise, dirt or other nuisances or hazards.
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(f) All activity related to the conduct of the business or industry, except for activities related to
the growing and storing of plants, shall be conducted within an enclosed structure or be
sufficiently screened from view of adjacent residences.
(g) All cottage industry activities shall be sufficiently screened from view of adjacent residences,
using site location, topography, landscaping, fencing, the retention of native vegetation, or a
combination thereof necessary to meet the Type A screening requirements of JCC 18.30.130.
(h) Traffic generated by the cottage industry shall not exceed the level of service adopted for the
public roadway which accesses the use, nor generate significant traffic in excess of that normally
generated by typical uses found within the particular district.
(i) No business may provide drive-through service.
6) Cottage industries shall be limited in their hours of operation. No business on-site customer
service shall be conducted before 8:00 a.m. or after 8:00 p.m., Monday through Friday, and
before 9:00 a.m. or after 6:00 p.m., Saturday and Sunday.
(k) The administrator may attach additional conditions or requirements, or may make
modifications to the site plan where necessary to protect the health, safety and welfare of the
public.
(1) The granting of the proposed cottage industry use shall not constitute a rezone. No expansions
of approved cottage industries are permitted, except as specified in Article VI -L of
Chapter 18.15 JCC, Remote Rural Overlay Districts for the West End Planning Area and the
Brinnon Planning Area, concerning the rural remote overlay districts.
(m) No exterior display of goods for sale shall be allowed.
(n) The cottage enterprise is an accessory use to the residential use of a dwelling unit, and the
residential function of the buildings and property shall be maintained.
(o) Any new structure constructed to accommodate the cottage industry shall be limited in scale
so that it is in character with neighboring properties. In no case shall more than 5,000 square feet
of total building area on the property be devoted to the cottage industry.
(p) No more than one sign is allowed, consistent with the sign standards in JCC 18.30.150.
(q) No on-site direct retail sales of products not produced on-site are allowed, except for items
collected, traded and occasionally sold by hobbyists, such as coins, stamps and antiques, and
their accessories.
(r) Minimum parcel size shall be one acre gross site area.
(s) No use shall be made of equipment or material which produces unreasonable vibration, noise,
dust, smoke, odor, or electrical interference to the detriment of the quiet use and enjoyment of
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adjoining and surrounding property. Any after-hours business activities shall not have noise
impacts discernible beyond the property boundaries.
(t) Not more than one cottage industry shall be allowed in or on the same premises.
(u) The proposed cottage industry shall comply with the standards and requirements of the
Jefferson County environmental health department.
(v) Where shooting firearms is associated with a cottage industry at a property, such property
shall be considered a commercial shooting facility.
CHANGES TO JCC 18.20.200(2):
JCC 18.20.200(2) on Permitted Home Businesses
(2) Permitted home businesses do not include the following:
(a) Veterinary clinic or hospital -
(d) Uses which are associated with shooting firearms.
REPEAL OF JCC 18.20.350(8):
JCC 18.20.350(8) on Outdoor Shooting Ranges—REPEALED
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M.
•.... ,
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CHANGES TO THE USE TABLE:
Table 3-1. Allowable and Prohibited Uses shall be modified to be consistent with the following:
Resource Lands
Other Zones TvDes
S
Forest —
Other Zones Where Only
M
Agricultural
Commercial,
Indoor Commercial
No Shooting Facility
— Prime and
Rural
Shooting Facility Allowed
Allowed
ti
and
S
Specific Land
AG
CF/RF/IF
Convenience Crossroad
Rural Residential —1
Use
(CC), General Crossroad
DU/5 Acres (RR 1:5),
(GC), Heavy Industrial
Rural Residential —1
(HI), Industrial, Light
DU/10 Acres (RR
CHANGES TO THE USE TABLE:
Table 3-1. Allowable and Prohibited Uses shall be modified to be consistent with the following:
8 of 9
Resource Lands
Other Zones TvDes
Forest —
Other Zones Where Only
Other Zones Where
Agricultural
Commercial,
Indoor Commercial
No Shooting Facility
— Prime and
Rural
Shooting Facility Allowed
Allowed
Local
and
Inholdin
Specific Land
AG
CF/RF/IF
Convenience Crossroad
Rural Residential —1
Use
(CC), General Crossroad
DU/5 Acres (RR 1:5),
(GC), Heavy Industrial
Rural Residential —1
(HI), Industrial, Light
DU/10 Acres (RR
Industrial/Commercial
1:10), Rural
(LI/C), Light Industrial
Residential —1 DU/20
(LI), Light
Acres (RR 1:20),
Industrial/Manufacturing
(LI/M), Irondale and
Port Hadlock Urban
Growth Area (UGA),
Neighborhood/Visitor
Crossroads (NC), Parks,
Preserves and Recreation
(PRR), Rural Village
Center (RVC), Resource -
Based Industrial RI
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Indoor
No
C
C
No
commercial
shootin facili
Outdoor
No
C
No
No
shooting
facilibLfavws
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BEFORE THE GROWTH MANAGEMENT HEARINGS BOARD
WESTERN WASHINGTON REGION
STATE OF WASHINGTON
TARBOO RIDGE COALITION,
Petitioner, Case No. 19-2-0003c
V.
JEFFERSON COUNTY,
Respondent.
SYNOPSIS
FINAL DECISION AND ORDER
Tarboo Ridge Coalition (Petitioner) challenged Jefferson County's adoption of two
Ordinances (Title 8 and Title 18) related to shooting facilities on forest lands of long-term
commercial significance. The Board concluded it had jurisdiction over both Ordinances. The
Board found Jefferson County (County) did not comply with the requirements of the State
Environmental Policy Act (SEPA) for Title 8. The Board remanded both the Title 8 and Title
18 Ordinances to the County and imposed invalidity on the County's adoption of those
Ordinances.
1. INTRODUCTION
Petitioner challenged Jefferson County's adoption of two Ordinances related to
shooting facilities on forest lands of long-term commercial significance. The County first
adopted Ordinance No. 12-1102-18 (Title 8 — Health and Safety Code) to address shooting
facilities and then adopted Ordinance 15-1214-18 (Title 18 — Land Use Code) to harmonize
the health and safety regulations with the land use regulations. Procedural matters relevant
to the case are in Appendix A. Legal issues relevant to the case are in Appendix B.
FINAL DECISION AND ORDER
Case No. 19-2-0003c
September 16, 2019
Page 1 of 21
Growth Management Hearings Board
1111 Israel Road SW, Suite 301
P.O. Box 40953
Olympia, WA 98504-0953
Phone: 360-664-9170
Fax: 360-586-2253
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II. BOARD JURISDICTION
The Board finds the Petition for Review was timely filed, pursuant to RCW
36.70A.290(2). The Board finds the Petitioner has standing to appear before the Board
pursuant to RCW 36.70A.280(2)(b). The Board also finds it has jurisdiction over matters
raised in this case pursuant to RCW 36.70A.280(1). The Board will elaborate on its
jurisdiction as it is the crux of this case.
III. STANDARD OF REVIEW
Comprehensive plans and development regulations, and amendments to them, are
presumed valid upon adoption.' This presumption creates a high threshold for challengers
as the burden is on the Petitioner to demonstrate that any action taken by the County is not
in compliance with the Growth Management Act (GMA).2 The Board is charged with
adjudicating GMA compliance and, when necessary, invalidating noncompliant plans and
development regulations.3
The scope of the Board's review is limited to determining whether a jurisdiction has
achieved compliance with the GMA only with respect to those issues presented in a timely
petition for review.4 The Board is directed to find compliance unless it determines that the
challenged action is clearly erroneous in view of the entire record before the Board and in
light of the goals and requirements of the GMA.5
IV. ANALYSIS AND DISCUSSION
Issue No. 1.
Does the Title 8 Ordinance (Health and Safety Code) constitute a "development regulation"
under the Growth Management Act, RCW 36.70A.030(7)? [sic]
' RCW 36.70A.320(1).
2 RCW 36.70A.320(2).
3 RCW 36.70A.280, RCW 36.70A.302.
4 RCW 36.70A.290(1).
5 RCW 36.70A.320(3). In order to find the County's action clearly erroneous, the Board must be "left with the
firm and definite conviction that a mistake has been made." Dept of Ecology v. PUD 1, 121 Wn.2d 179, 201
(1993).
FINAL DECISION AND ORDER
Case No. 19-2-0003c
September 16, 2019
Page 2 of 21
Growth Management Hearings Board
1111 Israel Road SW, Suite 301
P.O. Box 40953
Olympia, WA 98504-0953
Phone: 360-664-9170
Fax: 360-586-2253
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Applicable Laws:
RCW 36.70A.030 Definitions. Unless the context clearly requires otherwise, the
definitions in this section apply throughout this chapter.
(8) "Development regulations" or "regulation" means the controls placed on
development or land use activities by a county or city, including, but not limited to,
zoning ordinances, critical areas ordinances, shoreline master programs, official
controls, planned unit development ordinances, subdivision ordinances, and binding
site plan ordinances together with any amendments thereto....
RCW 36.70A.280 Growth management hearings board—Matters subject to
review.
(1) The growth management hearings board shall hear and determine only those
petitions alleging either: (a) That, except as provided otherwise by this subsection, a
state agency, county, or city planning under this chapter is not in compliance with the
requirements of this chapter, chapter 90.58 RCW as it relates to the adoption of
shoreline master programs or amendments thereto, or chapter 43.21 C RCW as it
relates to plans, development regulations, or amendments, adopted under RCW
36.70A.040 or chapter 90.58 RCW.
WAC 365-196-200 Statutory Definitions.
(8) "Development regulations" or "regulation" means the controls placed on
development or land use activities by a county or city, including, but not limited to,
zoning ordinances, critical areas ordinances, shoreline master programs, official
controls, planned unit development ordinances, subdivision ordinances, and binding
site plan ordinances together with any amendments thereto.
WAC 365-196-800 Relationship between development regulations and
comprehensive plans.
(1) Development regulations under the act are specific controls placed on
development or land use activities by a county or city.
(Emphasis added)
Board Discussion
Petitioner argues that the amendments to the Title 8 Ordinance (Health and Safety)
constitute development regulations in several ways and are subject to Board jurisdiction. It
contends that Title 8 "modifies the land use permitting regime for gun ranges... imposes
substantive controls on the use and development of land... directly amends a provision of
the land use code ... and the County recognized that the Title 8 Ordinance creates
FINAL DECISION AND ORDER
Case No. 19-2-0003c
September 16, 2019
Page 3 of 21
Growth Management Hearings Board
1111 Israel Road SW, Suite 301
P.O. Box 40953
Olympia, WA 98504-0953
Phone: 360-664-9170
Fax: 360-586-2253
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inconsistencies with the land use code."6
First, Petitioner claims the County's new definitions and siting requirements in Title 8
give the Board jurisdiction over the County's action. It argues Title 8 changed the previous
regime to site and permit shooting facilities because the definition of shooting facilities in
Title 8 actually "expands the types of gun range uses previously allowed under the old
definition of gun ranges" and does not limit the size and scope of shooting facilities.?
Under the previous definition in the land use regulations in Title 18, shooting ranges were
allowed in the land use category of "small-scale recreation and tourist uses" and that
category defined "uses" as:
"...those isolated uses which are leisure or recreational in nature; are reliant
upon a rural setting or location; do not include any new residential
development beyond that allowed in the underlying land use district."6
(Emphasis added)
Petitioner points to Title 8's new definitions and uses which no longer limit shooting facilities
to an isolated use, small scale, recreational, tourist or leisure uses.9 Instead, it contends
that commercial shooting facilities can now offer "unit training, whereas under the old
definition, all gun ranges (commercial or otherwise) had to meet the definition of a small-
scale recreational or tourist use." Petitioner objects to Title 8's amended definition because
B Petitioner's Prehearing Brief (March 25, 2019) at 10.
Id. at 2 and 8.
8 Id. at 2; See also JCC 18.15.040, Land Use Districts, Categories of land use, Table 3-1.
9 RN 2018-024 at 00024 "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. RN 2018-024 at 00024, "Title 8 Ord. § 8.20.220" (at 19) (emphasis added).
FINAL DECISION AND ORDER
Case No. 19-2-0003c
September 16, 2019
Page 4 of 21
Growth Management Hearings Board
1111 Israel Road SW, Suite 301
P.O. Box 40953
Olympia, WA 98504-0953
Phone: 360-664-9170
Fax: 360-586-2253
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it removes an important constraint on gun ranges: that they be confined to small-scale,
recreational or tourist uses."
Second, Petitioner argues that the County recognized that it had created an
inconsistency with the existing shooting facility definitions in Jefferson County's land use
code when the Title 8 Ordinance re -defined commercial shooting facilities. Petitioner
explains that the County decided to "harmonize" the two codes by adopting a second
Ordinance (Title 18 Ordinance). That second Ordinance changed shooting facility definitions
in the Title 18 Land Use Code to say: "has the same meaning as in JCC 8.50.220(61)"
(Health and Safety Code).11 Petitioner claims the amended definitions in Title 18 (Land Use
Code) deleted a key concept found previously in Title 18 that shooting facilities must be of
"small scale recreation or tourist uses."12 Petitioner concludes that the "two Ordinances
work together to replace the old gun range regulation regime, which allowed gun ranges
only if they are small-scale recreational or tourist uses (meaning leisurely or recreational),
with a new regulation regime that explicitly authorizes gun ranges for police and military unit
training.1113
Third, Petitioner argues Title 8 changes the land use permitting regime because it
now requires commercial shooting facilities to obtain an operating permit and a conditional
use permit (CUP) required in Title 18.14 Petitioner concludes that when Title 8 amended the
conditional use permit criteria of Title 18 by adding a new "operating permit, then Title 8
10 Petitioner's Prehearing Brief at 6.
11 Petitioner's Prehearing Brief at 7. See RN 2018-034 Ordinance Harmonizing Title 18 with the Commercial
Shooting Facilities Ordinance No. 12-1102-18 (Safety and Health) App. A at 2018-034-00180.
12 Petitioner's Prehearing Brief at 8 By way of these various provisions, the two Ordinances work together to
replace the old gun range regulation regime, which allowed gun ranges only if they are small-scale
recreational or tourist uses (meaning leisurely or recreational), with a new regulation regime that explicitly
authorizes gun ranges for police and military unit training.
13 Petitioner's Prehearing Brief at 8.
74 Petitioner's Prehearing Brief at 11-12 "Under the land use code, JCC 18.15.040, Table 3-1, "Allowable and
Prohibited Uses," shooting facilities are a conditional use.in the forest zones. Shooting facilities, therefore,
require a conditional use permit. JCC 18.15.040(3). (This conditional use permit requirement exists under both
the pre -Ordinance and post -Ordinance versions of the land use code—gun ranges have always needed a
conditional use permit and continue to need a conditional use permit now.)"
FINAL DECISION AND ORDER
Case No. 19-2-0003c
September 16, 2019
Page 5 of 21
Growth Management Hearings Board
1111 Israel Road SW, Suite 301
P.O. Box 40953
Olympia, WA 98504-0953
Phone: 360-664-9170
Fax: 360-586-2253
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"acts as an amendment to the CUP permitting process" and thus "the Title 8 Ordinance is a
development regulation, per Selvais" and Title 8 comes under the Board's jurisdiction. 15
Fourth, Petitioner claims that Title 8's imposition of substantive physical controls and
development constraints on shooting facilities renders it a development regulation,16 thus
making it subject to the Board's jurisdiction.17 Petitioner argues these new physical
requirements impose constraints on land used by a commercial shooting facility. Thus, the
Title 8 Ordinance imposes controls on land use and development and is a development
regulation subject to the Board's jurisdiction.18
15 Petitioner's Prehearing Brief at 12; See Servais v. City of Bellingham, VWVGMHB No. 00-2-0020 (FDO,
October 26, 2000) at 3.
16 Petitioner's Prehearing Brief at 13 "These requirements impose physical constraints on the land use,
because a gun range must either be sited on a parcel so large that bullets, lead, and noise cannot travel off
the property, or a gun range must include physical barriers to stop bullets, lead, and noise. By forcing gun
range operators to select extremely large parcels or construct physical barriers on smaller parcels, the Title 8
Ordinance imposes controls on land use and development..."
17 Petitioner's Prehearing Brief at 12-13 Petitioner lists the following as examples of such physical controls and
constraints: Physical security measures must be provided at commercial shooting facilities. RN 2018-024, at
00042, Title 8 Ord. § 8.50.250.1 (at 37); Commercial shooting facilities must be designed such that projectiles
are kept from leaving the facility. Id., Title 8 Ord. § 8.50.250.2 (at 37); Commercial shooting facilities shall be
designed and operated to prevent adverse public health or environmental impacts to critical areas. Id., Title 8
Ord. § 8.50.250.3 (at 37); Commercial shooting facilities must be designed to protect human life, protect
critical areas, and mitigate any detrimental effects on critical areas. RN 2018-024, at 00038, Title 8 Ord. §
8.50.240.7.c.vi (at 33); Commercial shooting facilities must include a noise abatement plan to minimize noise
nuisance. RN 2018-024, at 00037, Title 8 Ord. § 8.50.240.6 (at 32); Commercial shooting facilities must
include an environmental plan that is consistent with EPA Best Management Practices for Outdoor Shooting
Ranges, which in turn requires backstops, sand traps, and other physical devices to contain bullets. Id., "Title 8
Ord. § 8.50.240.5" (at 32). These backstops must be shown on the facility site plan, Id., at 00033, Title 8 Ord.
§ 8.50.240.2.b (at 28); Commercial shooting facilities must establish a storage plan for hazardous substances
or hazardous waste. Id., at 00037, Title 8 Ord. § 8.50.240.5 (at 32); and Commercial shooting facilities must
establish a "safety fan" for bullets. Title 8 Ord. § 8.50.240.2.b.v. A "safety fan," in turn, means an area within
the maximum range of the most powerful cartridge and firearm used on the shooting range, unless a physical
barrier is provided that stops the bullet short of its maximum range. Id., at 00028, Title 8 Ord. § 8.20.220(58)
(at 23).
18 Petitioner's Preheating Brief at 13 "These requirements impose physical constraints on the land use,
because a gun range must either be sited on a parcel so large that bullets, lead, and noise cannot travel off
the property, or a gun range must include physical barriers to stop bullets, lead, and noise. By forcing gun
range operators to select extremely large parcels or construct physical barriers on smaller parcels, the Title 8
Ordinance imposes controls on land use and development, just as the initiative did in Yes for Seattle.
Therefore, the Title 8 Ordinance is a development regulation subject to the Board's jurisdiction."
FINAL DECISION AND ORDER
Case No. 19-2-0003c
September 16, 2019
Page 6 of 21
Growth Management Hearings Board
1111 Israel Road SW, Suite 301
P.O. Box 40953
Olympia, WA 98504-0953
Phone: 360-664-9170
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Finally, Petitioner explains that land use provisions in JCC 18.20.350(8) previously
controlled shooting facilities, but when the County amended Title 18, it repealed JCC
18.20.350(8) and with it the land use controls. This action essentially removed land use
controls under Title 18 and instead placed control of shooting facilities under Title 8.
Petitioner concludes "...because the Title 8 Ordinance directly amends JCC 18.20.350(8),
which is a development regulation, the Title 8 Ordinance is also a development regulation.
RCW 36.70A.280(1)(a)."19
The County responds by arguing it did not change any requirements for conditional
use permits in Title 18 (Land Use Code) for shooting facilities.20 Rather, the County
explains it amended Title 8 to manage safety and health concerns at shooting facilities by
requiring an operating permit in addition to the conditional use permit. It only amended Title
18 to close definitional loopholes for consistency with the County Comprehensive Plan (e.g.
definition of ammunition, isolated uses, minimal impact, recreational uses, etc.).21 The
County clarifies it wanted controls over shooting facilities in its safety and health code
because land use controls are connected with property rights, which have a higher level of
protection, and the County's legal liability would be reduced if these controls were in the
health and safety code.22
19 Petitioner's Prehearing Brief at 14 and RN 2018-34, at 00183.
20 Respondent Jefferson County's Response Brief (May 7, 2019) at 14: "In considering the Title 8 Ordinance,
the County believed "the current conditional use permit process in Title 18, along with the SEPA process, is
the best way to deal with facility siting issues. 2018-018, 24. The Title 8 Ordinance made no changes to the
conditional use permit process in Title 18—or any other provision of Title 18."
21 Respondent Jefferson County Response Brief (May 7, 2019) at 15-18; See also PowerPoint hand out at the
Hearing on the Merits (May 31, 2019) at 5-7.
22 1d. at 13 -14 "While drafting the Title 8 Ordinance, the County relied on a seven drafting principles, including
that "The Ordinance should not regulate land use." The County wanted to avoid regulating land use in the Title
8 Ordinance because: There is an unnecessary risk of increasing the time and cost of implementing the
Ordinance. The County's power in creating health and safety regulations is significant and unhampered
by the potential application of the vested rights doctrine in land use. While the applicability of this
doctrine has been severely limited in recent years by Washington courts, it remains a source of
potential liability, particularly with respect to attorney's fees exposure." (RN 2018-018 at 24 Staff Report
(August 23, 2018)) Accordingly, the Title 8 Ordinance "does not delve into land use in Title 18 JCC or seek to
revise the noise standards in Chapter 8.70 JCC (Noise Control)." 2018-018, 24. Instead, the Title 8 Ordinance
"Ordinance relies on existing Jefferson County Code (JCC) in the areas of land use and nuisance, without
FINAL DECISION AND ORDER
Case No. 19-2-00030
September 16, 2019
Page 7 of 21
Growth Management Hearings Board
1111 Israel Road SW, Suite 301
P.O. Box 40953
Olympia, WA 98504-0953
Phone: 360-664-9170
Fax: 360-586-2253
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The County moved to dismiss Issues 1-3 based on the Board's alleged lack of
jurisdiction over issues in Title 8 Ordinance because that Ordinance is not a development
regulation.23 The County concedes, "...that the Title 18 Ordinance is a development
regulation, so the Board has jurisdiction to consider it and Petitioner's complaints can be
decided by a review of the Title 18 Ordinance alone.24
The Board disagrees with the County's assertion that the Board lacks jurisdiction
over amendments to Title 8 regarding shooting facilities. RCW 36.70A.030 defines
development regulations as placing controls on land use activities by a county or city.25
RCW 36.70A.280 authorizes the Board to hear petitions relating to development
regulations.26 Here, Title 8 places controls on development and land use activities for
shooting facilities and the Board has jurisdiction to hear challenges to the County's Title 8
action for several reasons.
First, the County expanded the size, scope and types of land uses allowed for
shooting facilities in Title 8. These are land use amendments which come under the
Board's jurisdiction per RCW 36.70A.030 and .280.
Second, Title 8's purpose statement at JCC 8.50.210 illustrates the County's
intention to regulate commercial shooting facilities under Title 8:
repeating requirements in existing code or attempting to change it." 2018-018, 6. RN 2018-018, 24.
(emphasis added)
23 Id. at 18.
24 Id. at 19.
25 RCW 36.70A.030 Definitions. Unless the context clearly requires otherwise, the definitions in this section
apply throughout this chapter.
(8) "Development regulations" or "regulation" means the controls placed on development or land use activities
by a county r city, including, but not limited to, zoning ordinances, critical areas ordinances, shoreline master
programs, official controls, planned unit development ordinances, subdivision ordinances, and binding site
plan ordinances together with any amendments thereto.... (emphasis added)
26 RCW 36.70A.280 Growth management hearings board—Matters subject to review.
(1) The growth management hearings board shall hear and determine only those petitions alleging either: (a)
That, except as provided otherwise by this subsection, a state agency, county, or city planning under this
chapter is not in compliance with the requirements of this chapter, chapter 90.58 RCW as it relates to the
adoption of shoreline master programs or amendments thereto, or chapter 43.21 C RCW as it relates to plans,
development regulations, or amendments, adopted under RCW 36.70A.040 or chapter 90.58 RCW. (emphasis
added)
FINAL DECISION AND ORDER
Case No. 19-2-0003c
September 16, 2019
Page 8 of 21
Growth Management Hearings Board
1111 Israel Road SW, Suite 301
P.O. Box 40953
Olympia, WA 98504-0953
Phone: 360-664-9170
Fax: 360-586-2253
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Establish a permitting procedure and rules for the siting, design and operation of
commercial shooting facilities thatrp otect participants, spectators, neighboring
properties and the public...
Protect the environment...
Ensure compatibility with neighboring land uses as regulated in JCC Title 18.27
(Emphasis added)
Regulations designed to accomplish those purposes, that is, to protect the environment,
ensure compatibility with neighbors through siting, design, and land use regulations,
constitute land use controls. The Board has jurisdiction over these types of land use
controls, as they constitute development regulations per RCW 36.70A.030 and .280.
Third, Title 8 requires a new shooting facility applicant to obtain an operating permit
and a conditional use permit under Title 18.
JCC 8.50.230 (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 JCC Title 18 shall
review the operating permit application as part of the review of the conditional
use permit application. (Emphasis added) 28
Once an applicant has both permits, then a hearing examiner reviews both permits required
in Title 8 and Title 18, The County solidifies this link between both permits and places land
use controls on a shooting facility through Title 8 JCC 8.50.230:
(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 JCC Title 18. [Ord. 12-18 § 1 (App. B)]
(Emphasis added)29
If JCC 8.50.230(6) requires a land use permit application for a commercial shooting facility
then it is governed by JCC Title 18. The Board sees this requirement as a land use control
regulation in Title 8 because Title 18 refers back to the definition in Title 8 for actual controls
27 RN 2018-024 at 00023.
28 RN 2018-024 at 00028.
29 RN 2018-024 Title 8 Ordinance 8 at 00028-29 and 00032.
Growth Management Hearings Board
FINAL DECISION AND ORDER 1111 Israel Road SW, Suite 301
Case No. 19-2-0003c P.O. Box 40953
September 16, 2019 Olympia, WA 98504-0953
Page 9 of 21 Phone: 360-664-9170
Fax: 360-586-2253
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and definitions of shooting facilities. For example, Title 18's definitions for indoor and
outdoor commercial shooting facilities are the same as JCC 8.50.220(34) and JCC
8.50.220(45). Title 18 provides little control over shooting facilities because those controls
have been shifted to Title 8.30 Title 8 contains the substantive land use requirements for
shooting facilities such as references to critical areas (RN 2018-024 at 00029) and facility
locations and designs (RN 2018-024 at 00033-42). Such regulations in Title 8 are under the
Board's jurisdiction per RCW 36.70A.030 and .280.
Fourth, Title 8 cross-references the administrative remedy for appeals to the hearing
examiner process in Title 18 JCC 18.05.080 and .085:
JCC 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 18.05.085
by providing written notice of appeal to the director within 14 calendar days of
the decision. The fee for such appeal shall be as set forth in the Jefferson
County fee ordinance and must be paid by the appellant at the time of filing the
notice of appeal. [Ord. 12-18 § 1 (App. B)]31
This cross-reference in Title 8 directly links the hearing examiner process in Title 18.
Hearing examiners under Title 18 hold hearings for "land use matters."32 This reference in
Title 8 again invokes a land use, not a health and safety, appeals process. This is yet more
evidence that Title 8 is a land use regulation and under the Board's jurisdiction per RCW
36.70A.030 and .280.
Based on the foregoing analysis, the Board finds and concludes that the Title 8
30 RN 2018-034 at 00180 -184 Title 18 after the amendments has few land use controls over shooting facilities
except clarification to standards for cottage industries and home businesses and a table of allowable uses in
certain land use categories.
31 RN 2018-024 at 00042.
32 JCC 18.05.080 Hearing examiner. (1) Office Created. (a) Pursuant to RCW 35.63.130 and 36.70.970, the
separate office of the Jefferson County hearing examiner (hearing examiner) is created and established.
(b) The hearing examiner shall exercise the authority designated in Chapter 18.40 JCC for the land use
matters set forth in this section. (c) Hearings held by the hearing examiner shall constitute the hearings
required by state law for such land use matters. (d) Unless the context requires otherwise, the term "hearing
examiner" used in this code shall include hearing examiners pro tempore. (emphasis added)
FINAL DECISION AND ORDER
Case No. 19-2-0003c
September 16, 2019
Page 10 of 21
Growth Management Hearings Board
1111 Israel Road SW, Suite 301
P.O. Box 40953
Olympia, WA 98504-0953
Phone: 360-664-9170
Fax: 360-586-2253
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Ordinance constitutes a "development regulation" under the Growth Management
Act, RCW 36.70A.030 (8), and the Board has jurisdiction over the Title 8 Ordinance
pursuant to RCW 36.70A.280.
I Issue No. 3.
By adopting the Title 8 Ordinance without any SEPA review (RCW 43.21C) did the County
violate RCW 43.21 C.030 and WAC 365-196-620?
Applicable Laws:
RCW 43.21C.030 Guidelines for state agencies, local governments...
The legislature authorizes and directs that, to the fullest extent possible: (1) The
policies, regulations, and laws of the state of Washington shall be interpreted and
administered in accordance with the policies set forth in this chapter, and (2) all
branches of government of this state, including state agencies, municipal and public
corporations, and counties shall:
(a) Utilize a systematic, interdisciplinary approach which will insure the integrated use
of the natural and social sciences and the environmental design arts in planning
and in decision making which may have an impact on the environment...
(b) Identify and develop methods and procedures, in consultation with the
department of ecology and the ecological commission, which will insure that
presently unquantified environmental amenities and values will be given
appropriate consideration in decision making along with economic and technical
considerations;
(c) Include in every recommendation or report on proposals for legislation and other
major actions significantly affecting the quality of the environment, a detailed
statement by the responsible official on...
WAC 365-196-620 Integration of State Environmental Policy Act process with
creation and adoption of comprehensive plans and development regulations.
(1) Adoption of comprehensive plans and development regulations are "actions" as
defined under State Environmental Policy Act (SEPA). Counties and cities must
comply with SEPA when adopting new or amended comprehensive plans and
development regulations. (Emphasis added)
(2) Integration of SEPA review with other analysis required by the act.
(a) The SEPA process is supplementary to other governmental decision-making
processes, including the processes involved in creating and adopting comprehensive
plans and development regulations under the act. The thoughtful integration of SEPA
FINAL DECISION AND ORDER
Case No. 19-2-0003c
September 16, 2019
Page 11 of 21
Growth Management Hearings Board
1111 Israel Road SW, Suite 301
P.O. Box 40953
Olympia, WA 98504-0953
Phone: 360-664-9170
Fax: 360-586-2253
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compliance with the overall effort to implement the act will provide understanding and
insight of significant value to the choices growth management requires....
Board Discussion
While the County argued the Title 8 Ordinance did not constitute a development
regulation and, therefore, the Board lacks jurisdiction to address this SEPA challenge, the
Board has found and concluded that Title 8 is indeed a land use regulation. The County did
not conduct any SEPA review of Title 8, a fact that the County acknowledges. Without that
SEPA analysis, the County could not assess the environmental impacts and alternatives
addressed through a SEPA analysis. This Board has often considered SEPA requirements:
Thus, when a city amends its Comprehensive Plan or changes zoning, a
detailed and comprehensive SEPA environmental review is required. SEPA is
to function "as an environmental full disclosure law," and the City must
demonstrate environmental impacts were considered in a manner sufficient to
show "compliance with the procedural requirements of SEPA."33
It is incumbent upon the County to establish a showing that "environmental factors
were considered in a manner sufficient to amount to prima facie compliance with the
procedural requirements of SEPA. '134 Here, the County amended the Jefferson County
Codes, replacing development regulations allowing small-scale outdoor shooting range
facilities "specifically designed and used for safe shooting practice with firearms and/or
archery practice" with "commercial shooting facilities," a use of much greater scale and
which includes "organizational training for law enforcement" and "organizational training for
members of the armed forces ."35 Those changes were made without any review pursuant
to the requirements of SEPA.
Based on the Board's finding that the Title 8 Ordinance is a development regulation
and development regulations must be reviewed through the SEPA process, the Board is left
33 Association of Citizens Concerned About Chambers Lake Basin, et al. v. City of Olympia, GMHB No. 13-2-
0014 (Final Decision and Order, August 7, 2013) at 15.
34 Chuckanut Conservancy v. Dept of Natural Res., 156 Wn. App. 274, 286 — 87 (2010); Juanita Bay Valley
Cmty. Assn v. Kirkland, 9 Wn. App. 59, 73 (1973).
35 RN 2018-034 Title 18 Ordinance Appendix A Definitions JCC 18.10.150 and 18.10.190.
FINAL DECISION AND ORDER
Case No. 19-2-0003c
September 16, 2019
Page 12 of 21
Growth Management Hearings Board
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P.O. Box 40953
Olympia, WA 98504-0953
Phone: 360-664-9170
Fax: 360-586-2253
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with the firm and definite conviction that a mistake has been made. Petitioner has met its
burden to establish that the County failed to comply with RCW 43.21 C.030 when it adopted
Ordinance Title 8. The Board finds and concludes that Jefferson County failed to
establish prima facie SEPA compliance; in fact, there was no compliance with SEPA
for the Title 8 Ordinance whatsoever. The Board finds and concludes that the County
violated RCW 43.21C.030.
Issue No. 2
In adopting the Title 8 Ordinance without review by the Planning Commission, did the
County violate its own public participation program, described in JCC 18.45 and JCC
18.05.050, and required by the GMA, RCW 36.70A.035; RCW 36.70A.140; and the GMA
implementing regulations, WAC 365-196-600(3); WAC 365-196-600(10)?
In light of the Board's findings and conclusions in this Final Decision and Order in
which the Board has determined it has jurisdiction over Title 8's development regulations
and the failure of the County to comply with the requirements of chapter 43.21 C RCW in
adopting the Title 8 Ordinance as addressed below, combined with remand to the County,
the Board will not address Issue 2.
Issue No. 4: Petitioner abandoned this Issue.36
Issue No. 5
Do the two Ordinances allow a land use that is inconsistent with and fails to implement the
Jefferson County Comprehensive Plan goals and policies in violation of GMA? 37
36 Petitioner's Prehearing Brief at 9.
37 Issue No. 5 in its entirety:
Do the two Ordinances (Title 8 Ord. at 8.20.220; 8.50.310) (Title 18 Ord. at 18.10.090; 18.10.150; 18.10.190;
Table 3-1; 18.20.170(4); 18.20.350(8)) allow a land use that is inconsistent with and fails to implement the
Jefferson County Comprehensive Plan goals and policies NRG 1.0, NRP 1.1, NRP 3.2, NRP 3.4, NRG 5.0,
NRP 5. 1, and/or NRP 5.3, in violation of RCW 36.70A.120; RCW 36.70A.130(1)(d); RCW 36.70A.040 and
WAC 365-196-500(3)? Petitioners claim the Ordinances violate these provisions because: They allow multiple
gun ranges per parcel, whereas previously only one gun range per parcel was allowed. They allow police and
military training at commercial shooting facilities, whereas previously only recreational and tourist use was
allowed at gun ranges. They abandon the requirement that commercial shooting facilities confine themselves
only to small-scale uses, whereas previously gun ranges were required to be small-scale.
FINAL DECISION AND ORDER
Case No. 19-2-00030
September 16, 2019
Page 13 of 21
Growth Management Hearings Board
1111 Israel Road SW, Suite 301
P.O. Box 40953
Olympia, WA 98504-0953
Phone: 360-664-9170
Fax: 360-586-2253
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In light of the Board's findings and conclusions in this Final Decision and Order in
which the Board has determined it has jurisdiction over Title 8's development regulations
and the failure of the County to comply with the requirements of chapter 43.21 C RCW in
adopting the Title 8 Ordinance as addressed above, combined with remand to the County,
the Board will not address Issue 5.
Invalidity
The Petitioner asks the Board to impose invalidity on both Ordinances, Titles 8 and
18, arguing that without conducting a SEPA review of Title 8, the Board must automatically
impose invalidity. Further, Petitioner claims that because Title 18's land use provisions in
JCC 18.20.350(8) were repealed and Title 8 acted to supersede those provisions, then both
Title 8 and Title 18, as development regulations under RCW 36.70A.280, should have had
SEPA reviews. Petitioner concludes Title 8 and Title 18 "work together to authorize a land
use in forest zones [and] because they allow gun ranges of unlimited size and intensity,"
then both should be invalidated in that no SEPA analysis was conducted.38
Citing Town of Woodway v. Snohomish County,39 the County provides the following
quote: "A violation of SEPA alone is not a sufficient ground for invalidity.1,40 The Board
agrees that is an accurate statement of the law in isolation. However, a reading of Town of
Woodway clarifies that invalidity is available as a remedy "only when that enactment
substantially interferes with the fulfillment of the GMA's goals."41 RCW 36.70A.302(1)
provides:
The board may determine that part or all of a comprehensive plan or
development regulations are invalid if the board:
(a) Makes a finding of noncompliance and issues an order of remand under
RCW 36.70A.300;
38 Petitioner Prehearing Brief at 14 and 25.
39 Town of Woodway v. Snohomish County, 172 Wn. App. 643, 660-661 (2013).
40 Respondent Jefferson County's Brief at 29.
41 Town of Woodway v. Snohomish County, 172 Wn. App. 643, 660-661 (2013).
Growth Management Hearings Board
FINAL DECISION AND ORDER 1111 Israel Road SW, Suite 301
Case No. 19-2-0003c P.O. Box 40953
September 16, 2019 Olympia, WA 98504-0953
Page 14 of 21 Phone: 360-664-9170
Fax: 360-586-2253
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(b) Includes in the final order a determination, supported by findings of fact and
conclusions of law, that the continued validity of part or parts of the plan or
regulation would substantially interfere with the fulfillment of the goals of
this chapter, and
(c) Specifies in the final order the particular part or parts of the plan or
regulation that are determined to be invalid, and the reasons for their invalidity.
In Davidson Series v. City of Kirkland, the Growth Management Hearings Board's
(GMHB) Central Region declined to impose invalidity based on an inadequate SEPA review,
concluding that "While the deficiency is serious, the Board is not persuaded that the GMA
goal [Goal 10] will be thwarted absent a ruling of invalidity."42 That decision, to decline
imposition of invalidity, was upheld by the Court of Appeals.43 However, the Court also
stated:
On the appropriate facts, the Board could find that failure to properly conduct
the required environmental review for a city or county action interfered with
fulfillment of the GMA's environmental goal and, upon such a finding, could
invalidate the relevant ordinance.44
In this matter, the County conducted no SEPA analysis of the Title 8 Ordinance and
issued a Declaration of Non -Significance for the Title 18 Ordinance, notwithstanding the fact
that the two Ordinances working together authorized the permitting of shooting facilities of
significantly greater scale and intensity than what was previously allowed throughout the
County's Forest -Commercial, Rural and Inholding Resource Lands .45
SEPA requires all government agencies to consider the environmental effects of a
proposed action .46 The Supreme Court has referred to SEPA as an environmental full
disclosure law. SEPA requires agencies to identify, analyze, disclose, and consider
42 Davidson Series v. City of Kirkland, GMHB No. 09-3-0007c (Final Decision and Order, October 5, 2009) at
20.
43 Davidson Series & Assocs. v. Cent. Puget Sound Growth Mgmt. Hearings Bd., 159 Wn. App. 148, 160
(2010): "The Boards are not required, as a matter of law, to always invalidate an ordinance that was enacted
based on a noncompliant EIS in order for the Boards to abide by SEPA's policies."
44 id. at 159.
45 Exhibit 2018-034, Title 18 Ordinance at 00184, 00185.
45 RCW 43.21 C.030.
FINAL DECISION AND ORDER
Case No. 19-2-0003c
September 16, 2019
Page 15 of 21
Growth Management Hearings Board
1111 Israel Road SW, Suite 301
P.O. Box 40953
Olympia, WA 98504-0953
Phone: 360-664-9170
Fax: 360-586-2253
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mitigation of impacts on both the natural and built environments resulting from a proposed
action. The disclosure of environmental impact information to county or city decision -makers'
and to the public promotes the policy of fully informed decision-making by government
bodies and better opportunities for meaningful public participation.47
Thus, when Jefferson County amended its development regulations governing
"shooting ranges," as was done here, a detailed and comprehensive SEPA environmental
review was required.48 SEPA is to function "as an environmental full disclosure law,"49 and
the County must demonstrate environmental impacts were considered in a manner sufficient
to show "compliance with the procedural requirements of SEPA."50 Environmental
documents prepared under SEPA require the consideration of "environmental" impacts with
attention to impacts that are likely, not merely speculative.51 SEPA further requires
jurisdictions to "carefully consider the range of probable impacts, including short-term and
long-term effects. 1152
The Board finds that the County's amendments of Titles 8 and 18 are inextricably
intertwined. The end result of the County's actions in adopting amendments to both titles will
allow larger shooting facilities with more uses in natural resource lands than previously
allowed in its development regulations. Having made these changes through Title 8 and
Title 18, without SEPA review, the County had virtually no information regarding the
foreseeable environmental effects of the shooting facility regulations. The Board finds and
concludes that the continued validity of the SEPA-noncompliant Ordinances, Titles 8
and 18, will substantially interfere with the fulfillment of Goal 10 of the GMA and
imposes invalidity.
47 RCW 43.21C.030; RCW 36.70A.035; Norway Hill Pres. & Prot. Assn. v. King County Council, 87 Wn.2d 267
(1976).
48 WAC 197-11-704(b)(ii).
49 Moss V. Bellingham, 109 Wn. App. 6 (2001).
50 Sisley v. San Juan County, 89 Wn.2d 78, 64 (1977); 569 P.2d 712 (1977).
51 WAC 197-11-060(4)(a).
52 WAC 197-11-060(4)(c).
FINAL DECISION AND ORDER
Case No. 19-2-0003c
September 16, 2019
Page 16 of 21
Growth Management Hearings Board
1111 Israel Road SW, Suite 301
P.O. Box 40953
Olympia, WA 98504-0953
Phone: 360-664-9170
Fax: 360-586-2253
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FINDINGS OF FACT
1. County Ordinances Titles 8 and 18 are comprised of numerous amendments of
the County Code which allow larger, multi -use commercial and non-commercial
shooting facilities in natural resource lands and other land use zones.
2. The purpose of the Title 8 amendments was to provide uniform requirements for
the establishment and operation of commercial shooting facilities including
establishment of a permitting procedure for siting, design and operation of such
facilities, protection of the environment and ensuring compatibility with
neighboring properties.
3. The previous shooting facility regulations allowed "small-scale recreation and
tourist uses" defined as isolated uses which are leisure or recreational in nature;
were reliant upon a rural setting or location; and did not include any new
residential development beyond that allowed in the underlying land use district.
4. The new shooting facility regulations create a new land use category, "outdoor
shooting facilities", and allow two types of shooting facilities: commercial shooting
facilities (allow police and military unit training and which may include "one or
more shooting ranges)53 and non-commercial facilities for use by property owners
or guests.
5. Title 8 and Title 18 are interrelated and work together to amend the County's
development regulations applicable to shooting ranges and shooting facilities.
6. The County's adoption of Title 8 was done without SEPA analysis.
7. The County issued a Declaration of Non -Significance for Title 18.
CONCLUSIONS OF LAW
A. The Title 8 amendments include land use development regulations.
B. The Board has jurisdiction over both Titles 8 and 18 pursuant to RCW
36.70A.280(1).
53 The Title 8 Ordinance defines "Commercial shooting facility" at Ex. 2018-024, Appendix B, Article 3, Sec.
8.20.220(15).
FINAL DECISION AND ORDER
Case No. 19-2-0003c
September 16, 2019
Page 17 of 21
Growth Management Hearings Board
1111 Israel Road SW, Suite 301
P.O. Box 40953
Olympia, WA 98504-0953
Phone: 360-664-9170
Fax: 360-586-2253
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C. The development regulation amendments related to shooting ranges and
shooting facilities requires application/consideration of both Titles 8 and 18.
D. The County's failure to conduct a SEPA analysis on Title 8 and the issuance of a
Declaration of Non -Significance for Title 18 so as to adequately consider the
impacts on the County's actions violated RCW 43.21 C.030.
E. The County's action in adopting Ordinances Title 8 and 18 implicated GMA
Planning Goals 10 which provide as follows:
(10) Environment. Protect the environment and enhance the state's high
quality of life, including air and water quality, and the availability of water.
F. The continued validity of the SEPA-noncompliant Ordinances, Titles 8 and
18, will substantially interfere with the fulfillment of GMA Goal 10.
V. ORDER
Based upon review of the Petition for Review, the briefs and exhibits submitted by the
parties, the GMA, prior Board orders and case law, having considered the arguments of the
parties, and having deliberated on the matter, the Board finds:
• The Board has jurisdiction over Ordinance 12-1102-18, the Title 8 Ordinance,
pursuant to RCW 36.70A.030(8) and RCW 36.70A.280;
• The County failed to conduct a SEPA review of Title 8 as required by RCW
43.21C.030;
• The Board finds and concludes Petitioner met its burden of proof to establish the
actions of the County violated RCW 43.21C.030;
• The Board remands Titles 8 and 18 to the County to achieve compliance as
addressed in this Final Decision and Order;
• The Board hereby finds and concludes that the continued validity of Ordinances
Title 8 and Title 18 would substantially interfere with the fulfillment of the GMA
Planning Goal 10 and imposes invalidity on both Ordinances; and
Growth Management Hearings Board
FINAL DECISION AND ORDER 1111 Israel Road SW, Suite 301
Case No. 19-2-0003c P.O. Box 40953
September 16, 2019 Olympia, WA 98504-0953
Page 18 of 21 Phone: 360-664-9170
Fax: 360-586-2253
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All other allegations not addressed in this section of the Order are dismissed.
Compliance Schedule
Date Due
Compliance Due
March 2, 2020
Compliance Report/Statement of Actions Taken to
Comply and Index to Compliance Record
March 16, 2020
Objections to a Finding of Compliance
March 30, 2020
Response to Objections
April 7, 2020
Telephonic Compliance Hearing
1 (800) 704-9804 and use pin code 7579646#
April 14, 2020
10:00 a.m.
SO ORDERED this 16th day of September 2019. '
Nina Carter, Board Member
William Roehl, Board Member
Note: This is a final decision and order of the Growth Management Hearings Board
issued pursuant to RCW 36.70A.300.54
54 Should you choose to do so, a motion for reconsideration must be filed with the Board and served on all
parties within ten days of mailing of the final order. WAC 242-03-830(1), WAC 242-03-840. A party aggrieved
by a final decision of the Board may appeal the decision to Superior Court within thirty days as provided in
RCW 34.05.514 or 36.01.050. See RCW 36.70A.300(5) and WAC 242-03-970. It is incumbent upon the
parties to review all applicable statutes and rules. The staff of the Growth Management Hearings Board is not
authorized to provide legal advice.
FINAL DECISION AND ORDER
Case No. 19-2-0003c
September 16, 2019
Page 19 of 21
Growth Management Hearings Board
1111 Israel Road SW, Suite 301
P.O. Box 40953
Olympia, WA 98504-0953
Phone: 360-664-9170
Fax: 360-586-2253
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Appendix A: Procedural matters
On December 27, 2018, and January 18, 2019, the Board received two Petitions for
Review (PFR) from the Petitioner. The cases were assigned case Nos. 18-2-0007, and 19-2-
0003. The cases were consolidated and assigned GMHB Case No. 19-2-0003c. The Board
held a telephonic prehearing conference on January 22, 2019. Petitioner appeared through
its counsel Alex Sidles. Respondent Jefferson County appeared through its attorney Philip
Hunsucker.
The Briefs and exhibits of the parties were timely filed and are referenced in this
order as follows:
• Petitioner's Prehearing Brief, March 25, 2019;
• County's Response Brief, April 22, 2019;
• County's Request to Take Official Notice, April 22, 2019; and
• Petitioner's Reply Brief, May 16, 2019.
Hearing on the Merits
The hearing was convened June 11, 2019, in Port Townsend, Washington. The
hearing afforded each party the opportunity to emphasize the most important facts and
arguments relevant to its case. Board members asked questions seeking thoroughly to
understand the history of the proceedings, the important facts in the case, and the legal
arguments of the parties. At the outset of the hearing, the Board asked Petitioners to
respond to the County's request to take official notice of certain documents. Petitioners did
not object. The Board orally granted the County's request to take official notice of those
documents.
FINAL DECISION AND ORDER
Case No. 19-2-0003c
September 16, 2019
Page 20 of 21
Growth Management Hearings Board
1111 Israel Road SW, Suite 301
P.O. Box 40953
Olympia, WA 98504-0953
Phone: 360-664-9170
Fax: 360-586-2253
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Appendix B: Legal Issues
Per the Prehearing Order, legal Issues in this case were as follows:
The first four issues pertain to Title 8 Ordinance No. 15-1214-18 only
1. Does the Title 8 Ordinance constitute a "development regulation" under the
Growth Management Act, RCW 36.70A.030(7)? [sic]
2. In adopting the Title 8 Ordinance without review by the Planning Commission, did
the County violate its own public participation program, described in JCC 18.45
and JCC 18.05.050, and required by the GMA, RCW 36.70A.035; RCW
36.70A.140; and the GMA implementing regulations, WAC 365-196-600(3); WAC
365-196-600(10)?
3. By adopting the Title 8 Ordinance without any SEPA review (RCW 43.21 C) did
the County violate RCW 43.21C.030 and WAC 365-196-620?
4. By allowing military and police training at commercial shooting facilities (Title 8
Ord. at 8.20.220; 8.50.310), but not amending the definition or regulation of
"outdoor shooting ranges" in JCC 18.10.190; 18.15.040; 18.20.350, does the Title
8 Ordinance create an internally inconsistent and unpredictable permitting regime,
in violation of RCW 36.70A.020(7) and WAC 365-196-500(3)?
The final issue pertains to both Ordinances No. 15-1214-18 and No. 12-1102-18
5. Do the two Ordinances (Title 8 Ord. at 8.20.220; 8.50.310) (Title 18 Ord. at
18.10.090; 18.10.150; 18.10.190; Table 3-1; 18.20.170(4); 18.20.350(8)) allow a
land use that is inconsistent with and fails to implement the Jefferson County
Comprehensive Plan goals and policies NRG 1.0, NRP 1.1, NRP 3.2, NRP 3.4,
NRG 5.0, NRP 5.1, and/or NRP 5.3, in violation of RCW 36.70A.120; RCW
36.70A.130(1)(d); RCW 36.70A.040 and WAC 365-196-500(3)? Petitioners claim
the Ordinances violate these provisions because:
a) They allow multiple gun ranges per parcel, whereas previously only one gun
range per parcel was allowed.
b) They allow police and military training at commercial shooting facilities,
whereas previously only recreational and tourist use was allowed at gun
ranges.
c) They abandon the requirement that commercial shooting facilities confine
themselves only to small-scale uses, whereas previously gun ranges were
required to be small-scale.
FINAL DECISION AND ORDER
Case No. 19-2-0003c
September 16, 2019
Page 21 of 21
Growth Management Hearings Board
1111 Israel Road SW, Suite 301
P.O. Box 40953
Olympia, WA 98504-0953
Phone: 360-664-9170
Fax: 360-586-2253
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BEFORE THE GROWTH MANAGEMENT HEARINGS BOARD
WESTERN WASHINGTON REGION
Case No. 19-2-0003c
Tarboo Ridge Coalition v. Jefferson County
DECLARATION OF SERVICE
I, DESIREE ORTIZ, under penalty of perjury under the laws of the State of
I Washington, declare as follows:
I am the Legal Assistant to the Growth Management Hearings Board. On the date
indicated below a copy of the FINAL DECISION AND ORDER in the above -entitled case
was sent to the following through the United States postal mail service:
Philip C. Hunsucker Alex Sidles
Chief Civil Deputy Prosecuting Attorney Bricklin and Newman, LLP
Jefferson County Prosecuting Attorney's Office 1424 4th Ave STE 500
PO Box 1220 Seattle WA 98101
Port Townsend WA 98368
DATED this 16th day of September 2019.
_J "Idg /)4,v (C�
Desiree Ortiz, Legal Assistant
DECLARATION OF SERVICE
Case No. 19-2-0003c
September 16, 2019
Page 1 of 1
Growth Management Hearings Board
1111 Israel Road SW, Suite 301
P.O. Box 40953
Olympia, WA 98504-0953
Phone: 360-664-9170
Fax: 360-586-2253