HomeMy WebLinkAbout041822ra02 JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners
FROM: Philip C. Hunsucker, Chief Civil Deputy Prosecuting Attorney
DATE: April(b,2022
SUBJECT: DISCUSSION AND POTENTIAL ACTION re: Establishing a Smaller 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 smaller area request visible by the dark colored area for a No Shooting Area.. This petition
dated November 12, 2022, is a smaller than the second petition dated March 15, 2022. The second
petition covers a larger area and encompasses the smaller area of the attached 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 smaller Cape George Colony No
Shooting Areas.
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 November 12, 2021 under 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 consistent with the attached
map.
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. Pursuant 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:
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Mark McCa j, County Administrator at
2
Area included in November 11th, 2021 request
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// IIIIII Area included in March 9th, 2022 request
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