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HomeMy WebLinkAbout14 1209 19 1)1 ' O c ft STATE OF WASHINGTON JEFFERSON COUNTY An Ordinance Establishing a Moratorium } on Commercial Shooting Facilities in } ORDINANCE NO*14. 1209 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, 1 of 5 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, 2 of 5 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; and, WHEREAS, notice of a public hearing was published on November 27 and December 4, 2019, and the BoCC conducted a public hearing on the proposed moratorium ordinance on December 9, 2019; and WHEREAS, the BoCC has reviewed the hearing record and deliberated on the proposed moratorium ordinance; 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 3 of 5 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; (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 9.41.010. 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 through March 23, 2020. Section 6. Findings. The BoCC hereby adopts the above recitals (the "WHEREAS" statements) as its findings of fact in support of this Ordinance. Section 7. 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) 4 of 5 ADOPTED this 9 t h day of December 2019, at 1 :4 3 p .m. JEFFERSON COUNTY BOA F COUNTY COMMISSIONERS SEA ", tt" -:- nr Oilik*411k5 = Regular Agenda JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of County Commissioners FROM: Philip Morley, County Administrate . / Adir DATE: December 9, 2019 SUBJECT: PUBLIC HEARING re: Ordinance Establishing a Moratorium on Commercial Shooting Facilities; Hearing scheduled for Monday, December 9, 2019 at 1:30 p.m. in The Commons at Fort Worden State Park, 200 Battery Way, Port Townsend, WA. STATEMENT OF ISSUE: The County Commissioners will conduct a Public Hearing on an Ordinance Establishing a Moratorium on Commercial Shooting Facilities on Monday, December 9, 2019 at 1:30 p.m. in The Commons at Fort Worden State Park, 200 Battery Way, Port Townsend, WA. ANALYSIS: The proposed ordinance would establish in unincorporated Jefferson County a moratorium through March 23, 2020 on 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. The moratorium applies to existing and new commercial shooting facilities. The moratorium is to allow the County to develop reasonable regulations that comply with a recent decision by the Western Washington Growth Management Hearings Board, and that will (a) provide for and promote safety; (b) do not prohibit or expressly regulate the discharge of firearms; (c) protect the environment; (d) ensure compatibility with neighboring land use; and, (e)promote the continued availability of commercial shooting facilities in unincorporated Jefferson County. Work on developing those regulations is already under way. In the meantime, a moratorium will preserve the status quo until March 23, 2020, or until those regulations can be adopted and the moratorium lifted, whichever is earlier. A Hearing Notice was published in The Leader on November 27 and December 4, 2019, and posted on the County's web site, which established a period for submitting written testimony from November 27, 2019 through the end of the Public Hearing on December 4. At the December 4 Public Hearing, the County Commissioners will take both written and oral testimony regarding the proposed ordinance. After taking public testimony and deliberating, the County Commissioners will decide whether or not to adopt the moratorium ordinance, with or without changes. Regular Agenda FISCAL ANALYSIS: There is no discernable fiscal impact to the County from adopting a moratorium ordinance. RECOMMENDATION: Take public testimony, deliberate on the record, and adopt the proposed Ordinance Establishing a Moratorium on Commercial Shooting Facilities with or without changes. Afar ` BY.- /---'— ,./i) R7 '7/, ilip Morle - nator Date