HomeMy WebLinkAboutTitle 8 Exhibit 2I-?
COUNTY OF JEFFERSON
STATE OF WASHINGTON G �/Z y h6_,) &
An Ordinance Repealing and }
Re lacin Ordinance No. 12- } ORDINANCE NO.
1102-18 'ng Feedities}
under Title ° XC and Amending Chanter }
8.50 Jefferson County Code related to
Shooting in the County', a
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 as are not in conflict with general laws; 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, Article VI of the United States Constitution states that "This Constitution
and the laws of the United States which shall be made in pursuance thereof,• and all treaties made
or which shall be made, under the authority of the United States shall be the supreme law of the
land; and the iudges_in every state shall be bound thereby, anvthing in the Constitution or laws of
any State to the contrary notwithstanding;" and
WHEREAS, Article I, Section 2 of the Washington State Constitution states "The
Constitution of the United States is the supreme law of the land;" and.
WHEREAS, there is a fundamental principle of Washington law sometimes called "the
preemption doctrine," that derives from Article VI of the United States Constitution Article I
Section 2 of the Washington State Constitution, Article XI Section 11 of the Washington State
Constitution, and RCW 36.32.120(7) that the Washington Administrative Code (WAC) calls the
"Su remacy Principle," which holds that a higher authority of law will displace the law of a lower
authority of law when the two authorities come into conflict; and
' Footnotes in this draft ordinance will be removed in the final. They are meant only as a means of explaining
proposed changes, if necessary. All changes are in red typeface, with new language underlined and proposed
deletions in str-ikeeut.
2 Proposed change from February 7, 2020 Staff Report (Staff Report), 19.
of 44
WHEREAS under the Supremacy Principle state statutes and regulations cannot conflict
with the United States Constitution the Washington Constitution and federal laws; and, local
ordinances and regulations cannot conflict with the United States Constitution, federal laws, the
Washington Constitution, or state laws; and,
WHEREAS Article I Section 32 of the Washington State Constitution states, "A frequent
recurrence to fundamental principles is essential to the security of individual right and the
perpetuity of free government," and.
WHEREAS the Jefferson County Code does not prohibit individuals from training and
practicing with wea ons outdoors on private propegy exce t in lawfully,established no shootin
areas; and,
WHEREAS Jefferson County owns pjgperty on which an outdoor shooting facility exists
that iso en to the ublic and isoperated by -the Jefferson County Sportsmen's Association JCSA
under a license that is in effect until December 31 2040 where individuals can train and practice
shooting; and,
WHEREAS JSCA has pasted to its website a true and accurate diagram of the JCSA
facility at hU://jeffersoncountvsportsmen org/wp/ which is copied below: and
WHEREAS according to the United States Supreme Court, the Second Amendment at its
core protects the right of law-abiding_ responsible citizens to use arms in defense of hearth and
home;' and,
WHEREAS this ordinance protects the rights of citizens under Washington Constitution
Article I Section 24 and the Second Amendment to the United States Constitution; and,
' Staff's proposed changes to further demonstrate compliance with the Supremacy Principle.
2 of 44
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 outside of Jefferson County where people's safety has been threatened; and,
WHEREAS, commercial shooting facilities are best o ep rateddeveleped 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, states that
"A range is only as safe as the manner in which it is used" and "health and safety considerations
are twofold: (2) ensuring the health and safetyparticipants, staff and spectators, and (2) ensuring
the health and safety of surrounding inhabitants;" and,
WHEREAS, at outdoor 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
minimizing potential safety hazards created by the operation of commercial shooting facilities;
and,
WHEREAS, public complaints about lack of safety and nuisance noise 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 eemmefeial shooting f4eilifies may
be appropfiate, btA where emergency services are scarce and adopting a commercial shooting
ordinance would promote public safety and preserve precious emergency services; and,
3 of 44
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, target shooting on both national forest lands and state-owned lands
(Department of Natural Resources lands) is permitted unless a specific area has been closed for
public safety; and,
WHEREAS, about twenty percent of the land -base in Jefferson County Wis under- this
mitis zoned Rural residential (RR -5, RR -10 or RR -20), where dispersed target shooting
can be carried out by anyone who has legal possession of a firearm provided their property is not
in al no shooting area designated in Article 11 of Chapter 8.50 JCC and they do not discharue the
firearm recklessly;' and
WHEREAS, such dispersed, sporadic sport -oriented target shooting is less impactful
from both a noise impact and a human health impact, than the concentrated impacts poised by
outdoor commercial shooting facilities; and,
WHEREAS, lead is a heavy metal hazardous waste that can travel through soils ground
and surface waters, and persist in the environment, bioaccumulating up the food chain; and
WHEREAS, lead is a known health hazard and neurotoxin that can affect humans and
animals alike; and,
WHEREAS, noise pew above certain levels, particularly persistent, repetitive,
percussive neise pollution asseeigedA4th shoetiggImmes-
is deleterious to humans and animals
alike; and,5
WHEREAS, noise at outdoor shooting facilities is much more likely toeng erate
complaints by nearby residents, than noise at indoor shooting facilities; and 6
WHEREAS, greater technology exists to control such noise eellutienimnacts at indoor
shooting f wi-litiesranges but-netthan at outdoor commercial shooting facilities where there -afro
noise leaving commercial outdoor commercial
shooting facilities that -can reach and negatively impact humans, domestic and wild animals unless
the outdoor shooting range's noise is mitigated through best management practices and the outdoor
shooing range is properly operated, nd ., hef!e ^h impaets emmot be fi ll. mitigqW, and,
WHEREAS, the BoCC finds it is in the public interest to provide for commercial shooting
facilities in Jefferson County in the face of increasing population pressure the limited space where
people can live and the exto;.,o ..o o.,tage of Forest n es,,ufee r . p4s and,
WHEREAS, the BoCC adopted Ordinance 12-1102-18 on November 2 2018 and adopted
Ordinance No. 15-1214-18 on December 14, 2018 as reasonable regulations for commercial
shooting facilities; and,
" Proposed change from Staff Report, 21.
s Proposed change from Staff Report, 26.
6 Proposed change from Staff Report, 26.
' Proposed change from Staff Report, 27, modified slightly to focus on operations.
of 44
WHEREAS, the BoCC did not intend that Ordinance 12-1102-18 be a development
regulation as defined in the Growth Management Act(Cha_pter 36.70A RCW)• and
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
that invalidated the Ordinance 12-1102-18 on the basis that it was a development regulation under
the Growth Management Act because it had not been reviewed under the State Environmental
Policy Act (Chapter 43.21C RCW) and did not comply with the County's public participation
process which requires consideration by the Jefferson County Planning Commission; and
WHEREAS, the Growth Board's September 16, 2019 decision invalidated Ordinance 12-
1102-18 under the Growth Management Act and remanded the BoCC to achieve compliance as
addressed in the Final Decision and Order with compliance due on March 2 2020• and
WHEREAS, on September 23, 2019 the BoCC referred both Ordinance 12-1102-18 and
Ordinance No. 15-1214-18 to the Jefferson County Planning Commission to ensure compliance
with the Growth Board's remand; and,
TOMAMIMM._
Vj
•T,:.. ---
WHEREAS this Ordinance has been revised to remove the bases on which the Growth
Board determined Ordinance 12-1102-18 was a development regulation as defined in the Growth
Management Act; and,
WHEREAS, even though this Ordinance is not a development regulation, the County
utilized its public participation process for comprehensive plan amendments and development
regulations required by the Growth Management Act, including consideration by the Jefferson
Countv Planning Commission, as a precaution and to show respect to the Growth Board's
September 16, 2019 decision; and
WHEREAS, the County has fulfilled the requirements of the State Environmental Policy
Act for this Ordinance and has utilized the Count public participation process, including
consideration by the Jefferson County Planning Commission; and,
WHEREAS, the Jefferson County Division of Environmental Public Health is a
department of the Jefferson County Department of Health, whose purpose is to protect the health
of all Jefferson County residents by promotinghealthy communities and their environments; and,
s Staff recommends removing these findings, as they are related to land use and are not necessary in this ordinance,
which is not a development regulation.
5 of 44
R.
.' �.,�,e.:i:,.,�.,:.:�:iamiv�� �.a:rai:,:aui7•ri n>>:i�.�y,.n
e��:�:•.:i:
WHEREAS this Ordinance has been revised to remove the bases on which the Growth
Board determined Ordinance 12-1102-18 was a development regulation as defined in the Growth
Management Act; and,
WHEREAS, even though this Ordinance is not a development regulation, the County
utilized its public participation process for comprehensive plan amendments and development
regulations required by the Growth Management Act, including consideration by the Jefferson
Countv Planning Commission, as a precaution and to show respect to the Growth Board's
September 16, 2019 decision; and
WHEREAS, the County has fulfilled the requirements of the State Environmental Policy
Act for this Ordinance and has utilized the Count public participation process, including
consideration by the Jefferson County Planning Commission; and,
WHEREAS, the Jefferson County Division of Environmental Public Health is a
department of the Jefferson County Department of Health, whose purpose is to protect the health
of all Jefferson County residents by promotinghealthy communities and their environments; and,
s Staff recommends removing these findings, as they are related to land use and are not necessary in this ordinance,
which is not a development regulation.
5 of 44
WHEREAS, the BoCC has determined that the Division of Environmental Public Health
is best suited to enforcing this Ordinance because of its expertise in processing and enforcing other
health and safety regulations;
NOW, THEREFORE, be it ordained by the BoCC as follows:
Section 1. Repeat and Re lacement of Ordinance No. 12-1102-18 and Amendin 1 ��--00
Cha ter 8.50 JCC. Ordinance No. 15-1214-18 critic 18 Land Use Code) is -repealed and re laced
with this ordinance.
r
t.SSf:t�:I�I �::SSS��I t.S�:I ���'I AIS�J:f,ff� I:I��, Sf f::�-l�::fS!•A1S1!f9�fffl:l,fflSl,f,f:St��-�.�9 S -I f.7 ��rf��/•
9 Proposed change from Staff Report, 19.
6 of 44
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. Not a Development Regulation. Neither Article III of Chapter 8.50 JCC as adopted
nor the provisions of this Ordinance arei-s10 a development regulation as defined in RCW
36.70A.030(7) and WAC 365-196-200(8).
Section 4. 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 5. 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 6. SEPA Compliance. [DESCRIBE SEPA CnMPLI NCE 4E E-4Q0n January 13, 2020
the SEPA responsible official issued a determination of nonsiginficance (DNS) after reviewing a
January 6, 2020 SEPA Checklist (Checklist). Consistent with RCW 43.2 1 C 030(2) WAC 197-11-
060, and Washington State Department of Ecology State Environmental Policy Act Handbook
43 (2018), the Checklist analyzed five non -project alternatives including the December 3 2019
10 Spellcheck caught this.
7 of 44
MUMA
LN
Mill
is
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. Not a Development Regulation. Neither Article III of Chapter 8.50 JCC as adopted
nor the provisions of this Ordinance arei-s10 a development regulation as defined in RCW
36.70A.030(7) and WAC 365-196-200(8).
Section 4. 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 5. 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 6. SEPA Compliance. [DESCRIBE SEPA CnMPLI NCE 4E E-4Q0n January 13, 2020
the SEPA responsible official issued a determination of nonsiginficance (DNS) after reviewing a
January 6, 2020 SEPA Checklist (Checklist). Consistent with RCW 43.2 1 C 030(2) WAC 197-11-
060, and Washington State Department of Ecology State Environmental Policy Act Handbook
43 (2018), the Checklist analyzed five non -project alternatives including the December 3 2019
10 Spellcheck caught this.
7 of 44
recommendation of the Jefforson County Planning Commission in addition to the -no -action
alternative Five written comments were received timely on the DNS. All these written comments
make -4 that are -Mie d b a careful review of the Checklist, done of the written comments
were from state or federal agencies or Indian Tribes, i Detailed responses to all of the were sent
that address all the concerns raised in the comments,. -After considering all the comments and
moviding detailed res onses to all of them the SEPA responsible. official determined to retain the
DNS on February 20 2020. Consistent with De artment of Ecology SEPA olic a memorandum
signed by the SEPA res onsible official was emailed to the Department of Ecologyon February
20 2020 and laced in the De artment of Community Develo ment's ro'ect file.12
Section 7. Effective Date. This ordinance is effective immediately upon adoption.
(SIGNATURES FOLLOW ON NEXT PAGE)
" Proposed change from Staff Report, 20.
'Z Proposed change suggested in Staff Report, 20, but modified to be consistent with retention of DNS on February
20, 2020.
8 of 44
Yr
ADOPTED this day of
SEAL:
ATTEST:
Carolyn Gallaway,
Deputy Clerk of the Board
9 of 44
2019, at a.m.
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
Crew BrothertonKan, Chair
David Sullivan, Member
Kate Deans reg Br-ot eftoa, Member
APPROVED AS TO FORM:
Philip C. Hunsucker, Date
Chief Civil Deputy Prosecuting Attorney
Sections:
APPENDIX A
[Modifications to Current Articles III of Chapter 8.50 JCC]
Chapter 8.50
NO S1400TING 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 ShootingFacility acility Operating Permit.
8.50.250 Minimum Standards.
8.50.260 Administrative Remedy for Decisions Made by the Director.
8.50.270 Judicial Appeals.
8.50.280 Safe Harbor for Owners and Operators.
8.50.290 Reports of Violations of this Article.
8.50.300 Review Committee.
8.50.310 Limitations on the Applicability of this Article.
8.50.320 Warning and Disclaimer of Liability.
10 of 44
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 indee1 an eo ereialindoor shooting facility which has obtained an
operating permit or provisional operating pursuant to Article III of Chapter 850 JCC. 13
(6) The operation of a commercial shooting facility sited in aeeer- anee with Title 18 XC -that
has an operating permit or a provisional operating permit issued pursuant to Article III of
Chapter 8.50 JCC. 14
(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 shooting facilities constructed in compliance with JCC 18.20.350(8). 15
13 Change proposed by Janet Welch. JW February 9, 2020 Comments, 3. This change was recommended by the
Planning Commission in the adopting ordinance but inadvertently was not added into the attached code. Staff
suggests deleting "sited in accordance with Title 18 JCC" to avoid any claim the Title 8 Ordinance is a development
regulation.
t4 Change proposed by Janet Welch. JW February 9, 2020 Comments, 3. This change was recommended by the
Planning Commission in the adopting ordinance but inadvertently was not added into the attached code.
1' Change proposed by Janet Welch. JW February 9, 2020 Comments, 3. This change was recommended by the
Planning Commission in the adopting ordinance but inadvertently was not added into the attached code.
11 of 44
IV. MTr
P term
8.50.030 Prohibited.
It is unlawful for any person to discharge any firearm or to propel from any portion of Jefferson
County any projectile discharged from any firearm across, in or into a no shooting area
established by Jefferson County. Articles I and II of Tthis chapter shall not abridge the right of
the individual guaranteed by Article I, Section 24 of the State Constitution to bear arms in
defense of self or others. [Ord. 2-17; Ord. 2-07 § 3]
8.50.040 Firearm defined.
"Firearm" means a weapon or device from which a projectile or projectiles may be fired by an
explosive such as gunpowder. The definition of "firearm" includes the terms pistol, rifle, short -
barreled rifle, shotgun, short -barreled shotgun, machine gun, and antique firearm as those terms
are defined in RCW 9.41.010. The term "firearm" shall not include: (a) devices, including but
not limited to "nail guns," which are used as tools in the construction or building industries and
which would otherwise fall within this definition; or, (b) a "destructive device" as defined in 18
U.S.C. Section 921(a)(2).
8.50.050 Creation, alteration, or dissolution of a no shooting area.
(1) The process for the creation, alteration, or dissolution of a no shooting area can be initiated in
accordance with RCW 9.41.300, wherein counties are authorized to enact laws and ordinances
restricting the discharge of firearms "where there is a reasonable likelihood that humans,
domestic animals, or property may be jeopardized," by either:
(a) A petition filed by residents containing the signatures of at least 20 elector -residents of each
voting precinct in the area under consideration; or
(b) A majority vote of the board of county commissioners.
(2) Petitions or requests for the creation of a no shooting area or to alter or dissolve an existing
no shooting area by the Jefferson County board of commissioners shall be filed with the clerk of
the board of county commissioners. The petition or request must be based on a definable threat
to the public health, safety or general welfare.
(3) The petition or request must include a legal description of the proposed boundaries with: a
map showing the proposed area, a written statement explaining the reasons for the petition, and a
statement, where applicable, of reported incidence involving firearms in the petition area.
12 of 44
(4) After petition signatures have been verified by the Jefferson County auditor -elections and the
board of county commissioners finds the petition warrants consideration, the county
commissioners shall hold a public hearing regarding the petition or may choose to facilitate an
amicable solution within the proposed area or may assign a review committee to consider the
merit of the petition specific to the area under consideration. The county commissioners may
have the review committee consider the petition before establishing a date for the public hearing.
Treaty tribes will be contacted by the county to identify any concerns and invite their
participation.
(a) The review committee shall consist of:
(i) The county sheriff or his designee.
(ii) The director of the department of community development, or his designee.
(iii) Three residents -at -large to be appointed by the county commissioners.
(iv) At least one representative of tribal interests will be invited.
(v) Representative stakeholders from the petition area as determined by the county
commissioners, with the goal of including persons from all sides of any contended or
questionable issue.
(b) The review committee shall consider, but is not limited to consideration of, the location,
terrain and surrounding land use of the petition area. The committee shall also consider any
additional instructions given by the county commissioners at the assignment of the committee.
The county commissioners shall hold a public hearing on the review committee's
recommendations soon after they are received by the commission.
(5) Legal notice of the public hearing shall be published one time in the official newspaper of the
county at least 10 days prior to the hearing.
(6) If the county commissioners find the formation, alteration, or dissolution of the petitioned
area to be beneficial to the public health, safety or general welfare, the area shall be established,
altered, or dissolved as a no shooting area by ordinance. The board of commissioners shall
consider, but is not limited to considerations of, the location, terrain and surrounding land use of
the petitioned area. The board of commissioners shall determine the final boundaries for the
creation of a no shooting area.
(7) Public works may post signs along public roads indicating a no shooting area boundary
where deemed necessary. The department of community development shall inform development
and permit applicants if a parcel is within a no shooting area.
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.
13 of 44
(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.
8.50.070 Enforcement officers and procedures.
Enforcement of articles I and II of this chapter may be by any state or county law enforcement
officer, state game officer, or state fish and wildlife officer. All such enforcement officers are
empowered to issue citations to and/or arrest without warrant persons violating the provisions of
this chapter. Said enforcement officers may serve and execute all warrants, citations and other
process issued by the courts.
In addition, mailing by registered mail of such warrant, citation or other process to the last
known place of residence of the offender shall be deemed as personal service upon the person
charged. Said enforcement officers may seize and hold as evidence the weapon and ammunition
of any person violating the provisions of this chapter.
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.
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
14 of 44
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
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.
15 of 44
The area described below is hereby established as a no shooting area as provided in Article I of
this chapter:
The area bordered on the north by an unnamed year around creek from the Hood Canal to the
Bonneville power lines (the area under the power lines is to be included in the No Shooting
zone); on the West by the far side of the power lines; the East by Hood Canal; and on the South
by the Jefferson County line.
[Ord. 7-00]
8.50.150 Brinnon — Olympic Canal Tracts.
The area described below is hereby established as a "No Shooting" zone as provided in Article I
of this chapter. The no shooting area is encompassed by the following description:
Beginning at the point of intersection of the centerline of U.S. Highway 101 and the centerline of
Duckabush Road;
Thence northwesterly along the centerline of Duckabush Road to the intersection with the most
westerly line of the Bonneville power lines;
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:
16 of 44
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;
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;
17 of 44
Situate in Jefferson County, Washington.
[Ord. 12-14 § 1; Ord. 20-02]
8.50.170 Paradise Bay.
The area described below is hereby established as a no shooting area as provided in Article I of
this chapter.
All of the land lying within the following bounds:
Beginning at the intersection of the most northerly line of Tract A of the Plat of Woodridge
Village Division 1 as recorded in Volume 7 Pages 47 through 50 of Plats, Jefferson County, state
of Washington and the'easterly margin of Teal Lake Road;
Thence northeasterly along said northerly line of said Tract A to the intersection of said line with
the southerly margin of Crestview Drive as recorded in the Plat Amendment to Teal Lake
Village Volume 6 Pages 186 through 197 of Plats, Jefferson County, state of Washington;
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;
18 of 44
Thence northwesterly along the north margin of State Route 104 to the intersection of said
margin with the easterly margin of Paradise Bay Road;
Thence northerly and northwesterly along the easterly margin of Paradise Bay Road to the south
line of Section 23, Township 28 North, Range 1 East, W.M.;
Thence westerly along said south line of Section 23 to the intersection with the westerly margin
of Paradise Bay Road;
Thence southerly along the westerly margin of Paradise Bay Road to the intersection with the
northerly margin of Andy Cooper Road;
Thence westerly along the northerly margin of said Andy Cooper Road to the intersection with
the easterly margin of Teal Lake Road;
Thence northwesterly along the easterly margin of Teal Lake Road to the point of beginning of
this description.
All situated within Jefferson County, Washington.
[Ord. 4-08 § 1 ]
8.50.180 Chimacum Creek.
The area described below is hereby established as a no shooting area as provided in Article I of
this chapter.
All of the following described lands, being a portion of Sections 34 and 35, Township 30 North,
Range 1 West, W.M., and Sections 2 and 3, Township 29 North, Range 1 West, W.M., lying
within the following bounds:
Beginning at the intersection of centerline of as -built Prospect Avenue extended Easterly to the
westerly shoreline of Port Townsend Bay said point being the True Point of Beginning of this
description;
Thence Westerly along the centerline of as -built Prospect Avenue to the intersection of said road
with the centerline of State Route 19, also known as Airport -Cutoff Road;
Thence Southeasterly along the centerline of said State Route 19 to the intersection with the
centerline of Irondale Road;
Thence Easterly along the centerline of Irondale Road to the intersection with the centerline of
platted Market Street as said road is platted in the plat of Harrisburg recorded in Volume 1 Page
16 records of Jefferson County, Washington;
Thence Easterly along said centerline of Market Street to the centerline of Maple Street as
platted on said plat;
Thence continuing Easterly along the centerline of platted Market Street lying North of Block 40
and Reserve A, as platted in the plat of Irondale, recorded in Volume 3 Page 5 records of
19 of 44
Jefferson County, Washington and the extension of said Market Street to the Westerly shoreline
of Port Townsend Bay;
Thence Northerly and Westerly, upland of the 0.0 low tide mark with a line at the mouth of
Chimacum Creek between the following coordinates: -122.771 48.049D DD to -122.771.48.049
DD, within Port Townsend Bay to the True Point of Beginning.
All lying and being in Jefferson County, Washington.
[Ord. 3-17 § 1; Ord. 11-08 § 1]
8.50.190 Tala Shore.
The area described below is hereby established as a no shooting area as provided in Article I of
this chapter.
That portion of Section 15, Township 28 North, Range 1 East, W.M., Jefferson County,
Washington, encompassed within the following described boundary:
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.
20 of 44
Albert Balch and Harry Cotton's Ocean Grove Estates, as per plat recorded in Volume 4 of Plats,
Page 20, records of Jefferson County, Washington;
TOGETHER WITH Albert Balch and Harry Cotton's Ocean Grove Estates No. 2, as per plat
recorded in Volume 4 of Plats, Page 27, records of Jefferson County, Washington;
TOGETHER WITH that portion of Government Lot 4, Section 24, Township 30 North, Range 2
West, W.M., not included in said Albert Balch and Harry Cotton's Ocean Grove Estates and in
Albert Balch and Harry Cotton's Ocean Grove Estates No. 2.
TOGETHER WITH that portion of Lot 5 of survey recorded in Volume 11 of Surveys, Page 54,
under Auditor's File Number 328912, located within Government Lot 5, Section 24, Township
30 North, Range 2 West, W.M., described as follows:
Beginning at the Northwest corner of said Lot 5;
Thence proceeding on a bearing of S 88° 30' 34" East 67.21 feet along the North line of said Lot
5 to the Southwest corner of Lot 12, plat of Ocean Grove No. 2, Volume 4 of Plats, Page 27,
records of Jefferson County;
Thence continuing South 88° 30' 34" East 76.22 feet to the Southeast corner of said Lot 12;
Thence turning South 26° 34' 58" West 166.11 feet to a rebar and cap marked "Parrish, LS
29535";
Thence continuing South 26° 34' 58" West 9.07 feet;
Thence North 83° 52' 04" West 69.36 feet to the West boundary of said Lot 5;
Thence North 01° 29' 25" East 8.53 feet to a rebar and cap marked "Parrish, LS 29535" and the
West line of said Lot 5;
Thence along the West line of Lot 5 North 01' 29' 25" East 144.51 feet to the Point of
Beginning;
TOGETHER WITH Albert Balch and Harry Cotton's Ocean Grove Estates No. 3, as per plat
recorded in Volume 4 of Plats, Page 31 and amended in Volume 6 of Plats, Page 138-139,
records of Jefferson County, Washington.
21 of 44
APPENDIX B
Article III. Commercial Shooting Facilities
8.50.210 Purpose.
The purpose of this article is to provide uniform requirements for the establishment an
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, desig., 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 during the
operation of commercial shooting facilities; and,
(4) E. sufe eempa4ibility with _th ne ,.t,ber-ing lana uses as regulated i Title 18 XC; an
(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.
8.50.220 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)(d).
(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) "Baekstop" means a bafrief that stops of fediFeets bullets fired on a shooting fange, usua4y
difeetly behind the target line.
(6) "Baffles" means bar-fier-s eenstrueted to eentain bullets or- to reduce, r-edireet Of! suppf
22 of 44
(9) "BMP" means best management practice or practices, which are systems of practices,
schedules of activities, maintenance procedures, and management measures that prevent or
minimize adverse impacts to the environment.
(10) "Bullet" means a single projectile fired from a firearm.
(11) "Buffer zone" has the sam . - as in XC 18.10.20B and ineludes but is not limi
to buffer- zones r-equifed by Chapter- 1&N XC (the eritieal areas or-dinanee) or- Chaptef
1��. XG (the shoreline mastef pfogfam or-dinanee), federal or- sta4e 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 indoof eemmefeial sheeting f editindoor
shootingf_acilL or outdoor ^^ r^i J shooting 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 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 property used
for lawful shooting_ practices is a commercial shootingfacility. acility. 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; or, 16
(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, except where the property is
presumed to be a commercial shootingfacility, acilit_y, as described above. 17 For- the avoi anee
of doubt, where pfivately eymed pr-epefty is used primarily for- lav&dl shooting pr-aefiee
for guests of the owner-, and where the other- uses of the pr-operty either- faei!iWe-
sheefing pr-aetiee or- are incidental, intefmit4ent 1, it is pfesumed that the
facility.
(16) "Containment" means the prevention of projectiles from leaving a shooting range during
operations. 18
16 Staff recommends this change for clarity.
" Staff recommends this change for clarity.
18 Proposed change from Staff Report, 30.
23 of 44
(17) "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.
(1 8) "Gr t;.,.,1 areas" . , «;t;...,1 areas s defined in Chapter 44 77 T(`f
(19) "Department" means the county public health department's division environmental public
health ;t„ development.
(20) "Director" means the director of the department of ,.,,.,.,w,un ty developmen
(21) "Environmental Componenl:Aan" means -the portion of the Safety and Environmental
Health Plan that contains the plan for m ifig,, ing the e ental impaets of related to managing
solid waste and lead by implementingeg nerally accept BMPs for- management of lead ^emmer-iia
shooting f e l_ities as required by JCC 8.50.240(4).
(22) " means any pfopesed change that iner-eases the existing aetivities and u
Examples of expansions inelude but are not limited to additional fifing positions, lengthened
pefiods of operations, , 3efmitted firearm calibef of r-ange, or-iner-eased size of shet fall
of difeet fire zones. solely thfough fotAine maintenance of - -- - - . 4
shooting f4eility, sueh as the installation of sewer-, watef of othef u4ilities, pavement of a pafkiftg
lot, the installation of sa�� baffles, eonstfuetion of side of baekstop beffns, E)r- the eonstfuetion of
. "Expansion" means any
proposed change that increases the operations permitted for a commercial shooting facility,
including expansions of a commercial shootingfacility acility lawfullyoperating as of the effective date
of the ordinance codified in this article. Examples of expansions include but are not limited to
adding firing positions, increasing periods of operations, increasing permitted firearm caliber or
range or increasing size of shot fall or direct fire zones. Modifications made solei through routine
maintenance of a commercial shootingfacility, acility, 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 under this chapter. 19
(23) "Exploding target" means a target that explodes when hit by a projectile.
(24) "Exl3lodes" means burst or shatter violently and noisily from rapid combustion,
decomposition, excessive internal pressure, or other process, typically scattering fragments widely.
(25) «l~'., ;l;t„ Design Plan" ineans the fine preeedures of pelieies of a eemmer-eial shootingr1 1, tvva.iirg
f4eility that speeifieally define the f4eility desi- !nts fef the eemmer-eial shooting facility
,oa by XG 4(27) "Fir-eafms allowed at gommefeial shooting
(26) "False Repeft" means a r-epoft of violation tha4 results in the dispateh of the depaAfflepA-,
the shefiff or emer e—
.7 for- a viela4ioa of this ai4iele when, in fact, thefe xA,as no vielati
of this ai4iele and tie feasonable belief there was a violation of this aft
"
means weapons that ean be legalk-.
owned, eafried and disehafged in-aecordance with the laws of Washineton under- Chapter- 9.41
19 Proposed change from Staff Report, 30, slightly modified.
24 of 44
M
'lfii. Yt. CYA1tiMa • • . •
r
N?%15-p—e iiili' iMachine
) •
,
destmetwe
♦ilii. fa Pnii
u/ these items ma�, be fouind in Title 26 U.S. #or --53 smio.. 5845; also known as th-e
laimehof _gft a Moloitvv- ;Buri 20
(28) "Firearm" has the same meaning as in JCC 8.50.040.
(29) "Firing line" means a line parallel to the targets from which firearms are discharged.
(30) "Firing point" means a location from which one individual fires at an associated target
located down range.
(31) "Five stand shooting" faeans a shotgun shooting spoj4 whefe there afe fi',,e stafiOnS EW
stands on the fir-ing line and multiple strategieally plaeed tafget thfowef!s that throw tar -gets in &ei#
of the fir -i g line
(32) "Hazardous substance" means any liquid, solid, gas, or sludge, including any material,
substance, product, commodity, or waste, regardless of quantity, that exhibits any of the physical,
chemical, or biological properties described in WAC 173-303-090 or WAC 173-303-100.
(33) "Hazardous waste" means those solid wastes designated by 40 CFR Part 261 and regulated
as hazardous or mixed waste by the United States EPA.
(34) "Hot Range" means a shooting range on which all firearms are allowed to be loaded at all
times.
GGT—_—_— _—__Y7
(36) "Indoor shooting facility" means a commercial shooting facility within a fully enclosed
structure, including lawful incidental sales of firearms ammunition component parts and
accessories.
(37) "JCC" means the Jefferson County Code, as it now exists or is later amended.
(38) "Law enforcement officer" means "federal peace officer" as defined in RCW 10.93.20(6),
"general authority Washington peace officer" as defined in RCW 10.93.20(3), "law enforcement"
officer as defined in RCW 9.41.010 (12), "peace officer" as defined in RCW 43.101.010(11),
"limited authority Washington peace officer" as defined in RCW 10.93.20(4), "qualified law
enforcement officer" as defined in 18 U.S.C. Section 92813(c) and, "specially commissioned
Washington peace officer" as defined in RCW 10.93.20(5). For the avoidance of doubt, "law
enforcement officer" includes federal, tribal, state, and local members of law enforcement
organizations certified by their jurisdiction to enforce the laws of that jurisdiction.
20 Proposed change from Staff Report, 28-30.
25 of 44
(39) "Life safety incident" means an incident that causes ballistic trauma to humans, domestic
animals, or property.
(40) "Member of the armed forces" means a member of the armed forces, W -heft on a
(41) "NRA Range Source Book" means the most ,..,..,.042012 version of The NRA Range
Source Book published by the National Rifle Association.
(42) "Operations ComponentP4an" means the portion of the Safety and Environmental Health
Plan that contains 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(3).
(43) "Operator" means the person operating the commercial shooting facility.
(44) "Operating Permit" means the operating permit required by this article.
(45) "Or" means both or and and/or.
(46) " means reports 4vielations that are not life safety ineiden
or- tfi rcc+s'cv-Tarcr ,a st..animals or- r' "Y ", t,
.
(47) "Outdoor shooting facility" means a commercial shooting facility that is not an indoor
shooting facility.
(48) "Owner" means the holder of title to the real property on which a commercial shooting
facility is located.
(49) "Person" means person as that term is defined in RCW 1.16.080.
icn� ccr�t------� __��__�_,.,. �.,.�» ...,. ,.,.... ,. �L. ,, .,..,, ,.F...L„>�,.,.,1 l.n,.,., o,•� }l, n} .�roo„F�; n. o..++.-. ,.,}n ,. +4,0
baffles,to and loeation to enstife that
7 7 quantity,
pfejeefiles nnr ni,npthe n , • >
(51) "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.
(52) "Projectile" means an object fired from a firearm.
(53) "Provisional operating permit" means a provisional operating permit issued pursuant to
JCC 8.50.230(4)(c).
(54) "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.
26 of 44
(55) "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, anthe 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.
(56) "RCW" means the Revised Code of Washington, as it now exists or is later amended.
(57) "Report of Violation" means a report of a violation of this article received by the
department or the sheriff.
(59) "Rules and regulations" means requirements used in the operation of a commercial
shooting facility that minimize the risk of threatened harm.
(60) "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
is adequa4e, the saf�4y fan is limited to the area within the eentaip"Men .
(61) "Safety Componentfllan" means the portion of the Safety and Environmental Health Plan
that contains 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(2).
(62) "Sheriff' means the elected sheriff of Jefferson County or designee.
(63) "Shooting range" consists of a firing line or firing points, and an impact area.
(64) "Skeet shooting" means a Shotgun shooting spet4 whefe the shooter is on the fifing line a
shoets at tar -gets launehed ffem two skeet houses in sefnewha4 sideways pa4hs that inter -sect in
of the shoote
(66) "Target" means a mark to shoot at.
(68) "Threatened Harm" means a reasonable likelihood that humans, domestic animals, or
property have been or will be jeopardized by the operations of the commercial shooting facility.
27 of 44
(69) "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.
(70) "T-fap sheeting" means a shotgun shooting spoA whefe a shootef on the fifing line shoots
(71) "U.S.C." means the United States Code, as it now exists or is later amended.
(72) "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 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)
established conuner-eial shooting faeilities, whieh afe governed by Title 18 XG and the eemme
law, nor- shall the opefating permit atAherize expansion of esommer-cial shooting f4eility uses tha
other -wise . . . . oval purstiant to a eenditional use peffnit of other- land use pefmits per- Title
1 4� An expansion as defined in JCC 8.50.220(22) of a commercial shooting facility shall
require a new operating permit. 21
(3) Discretion aryE@ #itiet3a122 Use Permit and Operating Permit for New Commercial
Shooting Facilities may be considered by the hearing examiner at the same time. If Tthe owner or
operator of a proposed new commercial shooting facility shall app! applies for an operating
permit at the tifne of and thea discretionary i al23 use permit application.,"erg
the operating „o.mit plie atio as paFt of the r-eview.a hearing examiner may consider both
gpplications at the same time pursuant to Chapter 2.30 JCC, but the requirements and procedures
under this chapter and under Title 1824JCC are separate and distinct and must be followed
separately.
(4) Provisional Operating Permit for 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
21 This proposed change is from the Staff Report, 30.
21 Change proposed by Janet Welch. JW February 9, 2020 Comments, 1.
23 Changes proposed by Janet Welch. JW February 9, 2020 Comments, 1.
24 Correcting a typo.
28 of 44
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(6)) does not demonstrate full compliance with
this article, then a provisional operating permit may be issued by the director, provided: Life
Sa=es Defieieneies. Aall life safety deficiencies identified in the professional evaluation must
be corrected prior to issuance of the provisional operating permit.
(d) Provisional operating permits do not vest the applicant to any Jefferson County Code
requirements.
ii. Other Deficiencies.
A. In consultation with the owner or operator, the Qqualified Sshooting Rrange
lievaluator 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 tiea aro
ate.
B. If the director concludes that agreement on the timeline for correction of the
other deficiencies cannot be reached, the director shall provide written notice of
agreement to attend mediation to the applicant to be concluded within 60 days,
along with a proposed timeline for correction of the other deficiencies.
C. If the applicant does not agree to mediation within 7 days after the director
sends written notice, the timeline for correction of the other deficiencies proposed
by the director pursuant to JCC 8.50.230(4)(d)(ii)(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 Chapter 2.30 JCC.
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
29 of 44
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 .,,,<. appl;..able ,., ndit 1
•_., r -eq .i.e.l by Title 19 XC and- all the requirements in the approved operating
permit application.
(b) Annual report. The holder of the operating permit shall submit a report to the
department on an annual basis in a form required by the department. The annual report is
due each year on the last day of the same month the operating permit was issued. The
annual report shall include:
i. A written statement by the owner of the commercial shooting facility
declaring that the commercial shooting facility is compliant with the initial operating
permit approval;
ii. A statement of any changes to the plans required by JCC 8.50.240(1)(a) -(e),
as submitted in the application; and,
iii. A current statement of general liability insurance and any monitoring data
required by an operating permit
to Title 18 T('!`
(c) Annual Inspection. After issuance of an operating permit, commercial shooting
facilities shall be subject to an annual inspection by the department following submission
of the annual report required by this section. The department shall develop a checklist for
an annual inspection. The checklist for the annual inspection shall be provided to the
operator at the time the operating permit is issued and shall be effective during the term of
the operating permit.
(d) Noncompliance Inspection. A noncompliance inspection shall be triggered upon
receipt by the director of any of the following claims:
i. A claim of noncompliance with the operating permit; or,
30 of 44
ii. A claim that there exists either a life safety incident or threatened harm.
For noncompliance inspections:
The department shall have the authority to establish procedures for
noncompliance inspections.
ii. The department shall contact the commercial shooting facility within one
business day after receipt by the department of a claim pursuant to subsection
(d) and shall give the commercial shooting facility a written notice of the claim;
and,
iii. The owner or operator shall make the commercial shooting facility available
for inspection not later than two business days after receiving a request for an
inspection from the department.
(e) Following an annual inspection or a noncompliance inspection:
The department shall inform the owner or operator in writing of any
deficiencies or corrective actions to be taken, which may include any of the
actions authorized by subsection (f);
ii. The owner or operator shall take corrective action within a reasonable time, as
determined by the department in consultation with the operator; and,
iii. The owner or operator shall allow the department to conduct follow-up
inspections to verify that corrective action has been taken.
(f) Life Safety Incident. If the director determines there was a life safety incident:
The director may suspend or modify the operating permit, close the commercial
shooting facility or a shooting range, or modify shooting range operations;
ii. The director shall provide the owner or operator a written notice that shall set
forth each claimed life safety incident with a specific reference to applicable
violation of this article or operating permit and the corrective measures to be
taken;
iii. The owner or operator shall respond in writing to the written notice provided
by the director and shall take any necessary corrective measures within a
reasonable time, as determined by the department in consultation with the
operator;
iv. The owner or operator shall allow the department to conduct follow-up
inspections to verify that corrective action has been taken;
V. The department shall verify that corrective action has been taken; and,
vi. Until the corrective measures are completed and verified, the director's
determination in JCC 8.50.230(5)(f)(i) shall remain in effect.
31 of 44
(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.
(h) Land Use Permits Also May be Required. In addition to the operating permit
required by this article, land urea separate permit appheations ttfider may be
required under Title 18 JCC. Land use permit appheations for- ial
shooting f4eility sha4l be governed by Title 18 jCC.
8.50.240 Application for a Commercial Shooting Facility Operating Permit.
(1) Required Components. The application for a commercial shooting facility operating permit
shall contain a Safety and Environmental Health Plan with the components required in the
subsections that follow:
(a) F-aeility Design
(b) Safety ComponentXan;
(c) Operations ComponentWan;
(d) Environmental Health ComponentP4an;
(e) Sound Suppression ComponentP4an;
(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.
ltiaeility Design Plan.
32 of 44
0 0 a �
hazardous ous . rite ,Y, .,4 plan, i fnee
iii.T-he n t rt r_zna�
4s for-
ed; an
,
e paf eaeh sho-."
(b) The Faeility Design Plan for- all outdoor-
eomfner-eial
shooting
faeilitiesi
i. Leeations and diffiensions of firing
lines
of firing
points, target lines and impaet
1,,.1;.,...,11 related buildings;
afeas
32 of 44
ii. Loeations, dimensions and slope of all baeksteps and side befms, whether- natu
fea4tife of manmade and the volume, setifee, and type of all ma4er-ials of whieh the), afe
eompfised;
iii. Loeations and speeifiea4iens of all baffles and eentaimment stfuetttfes;
iv. Loe4iea of all seetifity fneasufes speeified in XC 8.5
V. The saf�ty fan fof eaeh shooting fange pfoposed;
N4. Appfeximate laeation of buildings on adj Ft-y--
Nrii. Appfoximate loeation of any lake, of other- bed), of watef within 5
y-afds of the commefeial shooting faeilit��._
viii. Dimensional dfawings of physieal layout fef eaeh of the items listed in this
subseetieft, dfa-vNffi at an - . . - ;eale appfepfiate fef the dfawings;
ix. 14efizental dfawings of the baffles and eentaifhnflent stmetufes, and a desefiption
of the materials to be used for- them;
YE. F -of fifle and pistol shooting ranges:
A. Longitudinal efess seetions, with eleva4iens, of that portion of eaeh shooting
rn
range ffom 10 feet behind eaeh fir-ing line to 10 feet beyend the doyqffange
tefminus of eaeh difeet fife zone, 10 feet beyend the baek tee of eaeh baekst-Op
if manmade, or- if na4ttfal, -20 feet beyond the 4ofA edge of the baekstep, a
applieable; aPA-,
B. Latitudinal ef oss seetions, ffem 10 feet outside all side befffis of the edge o
eaeh safety fan, of typioal afeas between eaeh fifing line and baekstep o
do,mi.-ange terminus of t e difeet fire zone.
xi. F -of five stand shooting, skeet shooting, spoft elay shooting and tfap shooting
fanges, the loea4ion and dimension of the shot fall zones and eemponeat pafts; and,
xii. Elevations of all shooting fanges showing tafget afea, baekstops and befffls.
(2) Safety ComponentNan. The Safety ComponentNan shall contain at least the following
elements:
(a) The safety fan for each shooting range proposed;
(b) Approximate location of buildings on adjoining property;
(c) Sign -in procedures, rules and regulations, and protocols for the use of shooting ranges;
(d) 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;
33 of 44
(e) 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;
(f) Provisions for the safe loading and unloading of firearms;
(g) A requirement that range masters and range officers shall complete the necessary training
and obtain certification to be a range master or range officer;
(h) 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;
(i) 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;
0) Provision for specific safety requirements for all cowboy action shooting, practical
shooting, and similar sports shooting matches at any shooting range;
(k) Rules and regulations for changing the use of shooting ranges from cold ranges to hot
ranges or vice versa;
(1) A means for participants and spectators to readily contact emergency services such as fire
or emergency medical services; -ate
(m)Provision for emergency services access by vehicle or air transport -.2
(n) 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 occurringq
(o) 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:; and,
(p) A requirement that no shooting take place after dark at an outdoor shootingf_acility,2s
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 exceed four hours, and the maximum days shooting after dark is
allowed does not exceed one day per week.
(q) A requirement that no shooting take place outside of an indoor facility.26
(3) Operations Component. The Operations Componentf-t n shall contain at least the
following elements:
(a) The days of the week and the hours of operations;
25 Proposed change to make clear shooting inside an indoor facility can be after dark.
26 Proposed change to make clear shooting outside of an indoor facility is prohibited. Eliminates a potential
loophole created by the change to subsection (p).
34 of 44
(b) Whether the commercial shooting facility will be open to the public, open only to private
membership, open to training for groups or organizations, 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.
(i) A requirement that the department be notified of any change in the insurance required by
the Operations Plan.
(4) Environmental Health Component. Eaeh eemmer-eial sheeting rn ilit opefatof shall
deve ^„ and s,1i.mi The Environmental Componentpl-m w4hshall contain the following
minimum requirements:
(a) BMPs for the collection and disposal of bullets, cartridges, and shotgun wadding.
(c) 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.
35 of 44
(d) At outdoor shooting 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.
(e) If, other than lead, any hazardous substance or hazardous waste will be keptstel=ed at the
commercial shooting facility, the Environmental Health ComponentAan also shall
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 avoidanee of doubt,
this a4iele neither- seeks to set nor- does set any substaPA
tal standards,
ineluding but not limited to standards for- an), hazafdous
s4stanee-or hazar-detts wast�V
l-ludi ig bt4 n4limited to 1
(5) Sound Suppression CoMponm,,Neise nbate ,o„+ Dla > >, eommefeial shooting f4ei ity
operator- shall develop and submit -noise aba4e ent plan. The sound suppression
component shall contain the following minimum requirements:
(a) Identify potential sound issues and potential solutions to those issues;
(b) Describe proposed methodologies and technologies to suppress sour mitigate noise from
operations ;
(c) Provide a description of how the sound suppression component will be integfate,l in+�
early „ lanp;rrt ; and,
(d) Contain BMPs to maximize sound suppressionneise abatemen consistent with the NRA
Source Book and Chapter 8.70 JCC (noise control).
(6) 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 the new er
os+^"V commercial shooting facility by the qualified shooting range evaluator.
(c) The Professional Ev ltia-o"qualified shooting range evaluator shall eontain an
evaltta4ion of the rivia eu by qualified
operating 1 T
shooting range evaluatof (as defined above) that fneets the foliowing minimum
36 of 44
provide a written evaluation of the level of safety of the operations
proposed in the operating permit application, which shall contain:
The evaluation shall diseuss Any An evaluation of all safety issues not addressed
by the operating permit application;
ii. Any An evaluation of all proposed usesoperations that are ineen istefAto ensure
consistency with the NRA Range Source Book for- faeil ty designs an
iii. The o.,.,',,a4io , shall ineli ao An evaluation of whether the commercial shooting
facility's operationsuses and institutional eentrels described in the application for
an operating permit minimize threatened harm;
iv. The evaluation shall be T44ea rnf, and signed-byThe signature of the
qualified shooting range evaluator;
V. For new commercial shooting facilities, the evaluation shall eeftify a certification
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 eritieal area de fieienei that must be remedied prior to
issuance of an operating permit; and,
B. Faeility design eemponentsProposed operations that do not meet the safety
objectives of this article_
(d) The applicant shall reimburse the county for the actual costs incurred (including
consultant work and the cost of county staff review based on the applicable hourly rates
less the application fee) 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.
(c) Certification.
(a) Every application for an operating permit for a new commercial shooting facility shall be
accompanied by a notarized certification by the operator that specifies the commercial
shooting facility:
Complies with this article;
ii. Meets commonly accepted shooting facility safety and designoperations practices;
and,
37 of 44
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 desigHoperations 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:
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;
38 of 44
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 applicants appl ,,abbe
development regulation may be available for public inspection;
xi. A statement that a eepy of an), staff repot4 will be available for- inspection at no eost
and,
xii. Any other information the administrator determines appropriate.
(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(1)(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(1)(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(1)(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:
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;
39 of 44
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,
vi. Place notices on the Internet.
(j) 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 men
record 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 seeufity measuresbe operated
to deter unauthorized entry to any shooting range, sueh ,,
",. fiers befms eafnefas, gates,
rl
eneing, on site security personnel,
ysieal limit.,
(2) Containment. Commercial shooting facilities shall be designed ani operated so that when
firearms are operating in accordance with the rules and regulations (as defined above) there is
containment, thereby minimizing threatened harm 27 all eetiles are kept from ' aving an
shooting range or the eemniefeial shooting faeility. is
(3) Grit eal Areas-. Operations Cannot Create a Nuisance. The operation of commercial shooting
facilities shall not create a public nuisance. ' shooting faeilities shall be designed
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 Chapter 2.30 JCC (Hearing Examiner Code) 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
2' Upon reflection, Staff proposes not to delete ", thereby minimizing threatened harm." This is a defined term that
relates to the exception in RCW 9.41.300(2)(a).
zs Proposed change from Staff Report, 30.
40 of 44
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 da4e the decision
des AW,�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. 29
(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 .,.,„:aanee of doubt,*The burden of
proving full compliance is on the owner or operator.
8.50.290 Reports of Violations of this Article.
(1) Creation of a Form. The director, in consultation with the sheriff, shall develop a form for
receipt of reports of violations of this article.
(2) Provided to the Owner or Operator. All reports of violation shall be provided to the owner or
operator of the commercial shooting facility as soon as possible, but no later than two
business days from the receipt of the report of violation.
(3) Maintenance of Reports. The director shall maintain a copy of all reports of violation for at
least two years following receipt of a report of violation.
(4) Discussion During Annual Inspection. During the annual inspection, all reports of violation
shall be addressed by the department and the owner or operator of a commercial shooting
facility.
29 Suggested change by Staff to remove the time for appeal. That will be dictated by substantive
State law separate from this ordinance.
41 of 44
(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; and (g) one member of the Jefferson County Planning Commission. The
Jefferson County Prosecuting Attorney (or designee) shall be an ex ,-.rr:eio ~~embe" efadvisor to
the review committee but shall not be required to attend every meeting of the review committee.
All Review Committee meetings shall be subject to the requirements of the Open Public
Meetings Act, Chapter 42.30 RCW.
8.50.310 Limitations on the Applicability of this Article.
(1) This article does not place physical controls on development of land does not control land use
activities and does not modifyaany applicable conditional use approval criteria under Title 18
JCC.
(2) Nothing in this article shall be construed as establishingzoning, oning, subdivision control, platting
or adoption of detailed maps to control the physical development of Jefferson County.
42 of 44
(3) The mention of members of armed forces in this article is neither a statement of authorization
or prohibition by the county of training by units of the armed forces at any commercial shooting
facility. Any disclosure requirements in this article related to members of the armed forces or
law enforcement officers only requires information to be provided to regulate the operations
at a commercial shooting facility under this article. The mention of members of the armed
forces in this article does not change any provision in Title 18 JCC including but not limited
to uses authorized or conditional use approval criteria.
(4) This article requires BMPs for compliance with existing substantive environmental standards
However, this article does not create any substantive land use environmental standards
including but not limited to standards for critical areas shoreline management or storaize of
any hazardous substance or hazardous waste.
(5) This article does not vest or provide non -conforming status under any provision of the JCC.
An operating permit issued under this article does not 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
shootingfacility acility uses that otherwise require approval pursuant to a conditional use permit or
other land use permits per Title 18 JCC.
(6) Nothing in article shall be construed as:
(a) Authorizing an application or a permit for an outdoor �� 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 FmgeOOutdoor shooting facilities 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 58450 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).
43 of 44
(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, Chapter 8.90 JCC, JCC 15.05.100, or Title 18 JCC.
(j) Abridging or altering the rights of action by the state, by the county or by persons, which
exist in equity, common law, or other statutes to abate pollution or to abate a nuisance.
(k) Limiting a court of competent jurisdiction from:
i. Ruling that a commercial shooting facility is a public nuisance; or,
ii. Requiring additional noise, environmental or safety controls as a condition of continued
operation of a commercial shooting facility.
(1) Nullifying or rendering void the terms of any existing or future injunctive order issued by
a court of competent jurisdiction pertaining to operations or activities at a shooting range
or commercial shooting facility.
8.50.320 Warning and Disclaimer of Liability.
The degree of protection required by this article for commercial shooting facilities is reasonable
for regulatory purposes and is based on available information. This article does not imply that
commercial shooting facilities will be free from risk of bodily injury or property damage, even if
operated consistently with an operating permit. This article does not create liability on the part of
the county or any officer or employee of the county for any bodily injury or property damage that
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.
44 of 44