HomeMy WebLinkAbout041822ra03 JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners
FROM: Philip C. Hunsucker, Chief Civil Deputy Prosecuting Attorney
DATE: April 12022
SUBJECT: DISCUSSION AND POTENTIAL ACTION re: Establishing a Larger Cape George
No Shooting Area under Chapter 8.50 of the Jefferson County Code
STATEMENT OF ISSUE:
The County has received two no shooting area petitions for the Cape George area. This agenda request
relates to the larger area request visible by the dark outlined color area for a No Shooting Area. This
petition dated March 15,2022, is larger than the second petition dated November 12, 2021. This petition
encompasses the smaller area petition.
JCC 8.50.050(4) says that after petition signatures for a no shooting area have been verified by the
Jefferson County auditor-elections and the Board of County Commissioners find the petition warrants
consideration, the Board of County Commissioners have three choices: (1) Hold a public hearing
regarding the petition;(2)Facilitate an amicable solution within the proposed area;or;(3)Assign a review
committee to consider the merit of the petition specific to the area under consideration. The Board of
County Commissioners may have the review committee consider the petition before establishing a date
for the public hearing. Treaty tribes must be contacted by the County to identify any concerns and invite
their participation in any review committee. A public hearing would take public testimony from all
interested persons for or against establishing the larger Cape George Colony No Shooting Area.
ANALYSIS:
State law preempts local regulation of the discharge of firearms. See RCW 9.41.270. There is an
exception to local preemption in RCW 9.41.030(3), which authorizes municipalities to restrict the
discharge of firearms in any portion of the municipality where there is a "a reasonable likelihood that
humans,domestic animals,or property will be jeopardized." Chapter 8.50 JCC was designed to fit within
this exception.
On March 15, 2022, under to JCC 8.50.050(1)(a), a petition was submitted to the Board of County
Commissioners by residents of the Cape George Colony Club area, located in voting Precinct #104 and
#105. The petition asked the Commissioners to establish a no shooting area coterminous with the
Village/Highlands and Colony/Huckleberry.
1
The County Auditor, upon reviewing the petition, certified it met the requirement of having at least 20
valid signatures from eligible electors within the one area including Cape George Colony. Under to state
law(RCW 9.41.300)and county code(Chapter 8.50 JCC)the county can restrict the discharge of firearms
where there is a reasonable likelihood that humans, domestic animals, or property may be jeopardized.
Under JCC 8.50.050(6),the test for a formation,alteration or dissolution of the area of a petition is whether
the area of the petition for a no shooting area is"beneficial to the public health, safety or general welfare."
The Board of County Commissioners shall consider the location, terrain and surrounding land use of the
petitioned area. The Board of County Commissioners shall determine the final boundaries for the creation
of a no shooting area. The Board of County Commissioners also must apply the requirements of RCW
9.41.030(3), which requires that the area selected as a no shooting area be limited to an area where there
is "a reasonable likelihood that humans, domestic animals, or property will be jeopardized." Because of
these requirements, the Board of County Commissioners should consider the petition for the larger and
smaller no shooting areas separately.
FISCAL IMPACT:
None, other than the cost of publishing a hearing notice.
RECOMMENDATION:
Pass a motion to approve a process to move forward with one of the three options described above: 1)
Hold a public hearing regarding the petition; (2) Facilitate an amicable solution within the proposed area;
or; (3) Assign a review committee to consider the merit of the petition specific to the area under
consideration.
REVIEWED BY:
Mark McCau y County Administrator a
2
Area included in November llth, 2021 request
765ift
IIIIII Area included in March 9th, 2022 request
Nt,
-a
Cape ,rge
Hastings
Strangerstc.
Lake .?
.0
0
Cape -orcir
CoP y C LiD
249 ft
'
'17 ft
104 - Cape
George
ion eorge
Colon Club
297 ft
Arc,4thee W
Sac(
01
. ft
105 371
7 Beckett Point ft - Discovery
F Bay
Club
20
Tukey