HomeMy WebLinkAbout060622ca01 JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners
FROM: Mark McCauley, County Administrator
DATE: June 6,2022
SUBJECT: HEARING NOTICE re: Establishing a Cape George No Shooting Area under
Chapter 8.50 of the Jefferson County Code
STATEMENT OF ISSUE:
On November 12, 2021, under JCC 8.50.050(1)(a), a petition to establish a no shooting area was
submitted to the Board of County Commissioners by residents of the Cape George Colony.
JCC 8.50.050(4) states 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 has 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 Auditor has certified that the petition meets the standard for consideration.
The Board of County Commissioners decided to hold a public hearing in this case. A public hearing
would take public testimony from all interested persons for or against establishing the Cape George
Colony No Shooting Area.
ANALYSIS:
A hearing notice announcing the public hearing to consider public testimony and deliberate on the
petition is attached.
Should the Board decide to establish the no shooting area proposed by the petitioners they would
need to approve an ordinance codifying the no shooting area. A draft ordinance establishing the no
shooting area is attached. The draft ordinance includes a map of the proposed no shooting area.
As part of their deliberations the Board will also consider the following:
a.) 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.
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b.) 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."
FISCAL IMPACT:
The fiscal impact of this request is inconsequential.
RECOMMENDATION:
Approve the attached hearing notice for publication.
REVIEWED BY:
Ag
Mark McCaul , County Administrator at
-/—
Please publish 2 times: June 8 and June 15, 2022
Bill to: Jefferson County Commissioners, P.O. Box 1220, Port Townsend, WA 98368
NOTICE OF PUBLIC HEARING
BEFORE THE JEFFERSON COUNTY BOARD OF COMMISSIONERS ON
ESTABLISHING THE CAPE GEORGE NO SHOOTING AREAS
NOTICE IS HEREBY GIVEN that a public hearing is scheduled by the Jefferson County Board of
Commissioners for TUESDAY, June 21, 2022 at 10:30 a.m. in the Commissioners’ Chambers,
County Courthouse, 1820 Jefferson Street, Port Townsend, WA 98368. Due to high Covid-19 case
rates, this meeting will be held virtually. Notice of said hearing is to be published in the official
newspaper of Jefferson County.
The public hearing is to take comments from all interested persons for or against establishing the
Cape George No Shooting Area, which the County Commissioners are considering for possible
adoption by ordinance. In accordance with RCW 9.41.300(2)(a), the County Commissioners may
establish a no shooting area “where there is a reasonable likelihood that humans, domestic animals,
or property may be jeopardized.” Residents of the Cape George Colony have submitted a petition to
create a no shooting area within their residential subdivisions.
A draft ordinance has been prepared for consideration in the event the County Commissioners were
to decide, after deliberating on public testimony, to designate a no shooting area. Section One of the
draft ordinance would add a section to Chapter 8.50 of the Jefferson County Code (JCC) describing
the metes and bounds of the Cape George No Shooting Area; Section Two would add to JCC
Chapter 8.50 a map of the Cape George No Shooting Area; Section Three states the metes and
bounds shall prevail over the map in the event of any discrepancy; Section Four reiterates that
nothing in the ordinance is intended to 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; Section Five references
the penalty provisions found in JCC 8.50.060; and Section Six sets an effective date for the
ordinance of 30 days after its adoption.
To view documents, go to www.co.jefferson.wa.us.
The Map and DRAFT Ordinance are available for review at this link:
https://test.co.jefferson.wa.us/WeblinkExternal/DocView.aspx?id=3498720&dbid=0&repo=Jefferson
You are welcome to participate in this Pubic Hearing. You will need to join the meeting by
10:30 a.m. using the following methods: VIRTUALLY: Via the following Zoom, link:
https://zoom.us/j/93777841705, PHONE: Dial 1-253-215-8782 and enter access code: 937-7784-
1705# and press *9 to “raise your hand” to be called upon. Access for the hearing impaired can be
accommodated using Washington Relay Service at 1-800-833-6384.
In addition, written testimony is also invited beginning on June 8, 2022 and ending on June 21, 2022
at the end of the Public Hearing, unless extended by the Board of County Commissioners. Written
public testimony may be submitted by Email to: jeffbocc@co.jefferson.wa.us; or by Mail to:
Jefferson County Commissioners’ Office; PO Box 1220, Port Townsend, WA 98368. Testimony
must be received by the Board of County Commissioners by the end of the hearing testimony period.
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Signed this 6 day of June, 2022.
JEFFERSON COUNTY
BOARD OF COMMISSIONERS
/S/Heidi Eisenhour, Chair
STATE OF WASHINGTON
COUNTY OF JEFFERSON
In the Matter of Repealing of the Cape
ORDINANCE NO. _____________
George No Shooting Area
WHEREAS, the Jefferson County Board of County Commissioners makes the following
Findings of Fact with respect to the Cape George No Shooting Area petition and review process:
1. On April 16, 2007, Ordinance No. 02-0416-07 was adopted by Jefferson County,
codified under the Health and Safety provisions of Chapter 8.50 of the Jefferson County Code
(JCC), which specifies the process to create or alter no shooting areas in accordance with RCW
9.41.300(2)(a) “where there is a reasonable likelihood that humans, domestic animals, or property
may be jeopardized;” and,
2. JCC 8.50.050 specifies procedures for establishing, altering or dissolving no
shooting areas in specifically described unincorporated areas of Jefferson County, including
initiation by petition filed by at least 20 elector-residents of each voting precinct in the area under
consideration, or by a majority vote of the Board of County Commissioners; and,
3. On November 12, 2021, a petition was received pursuant to JCC 8.50.050(1)(a)
from residents of Cape George Colony area located in voting Precinct #104 and #105, seeking to
establish a no shooting area; and,
4. The County Auditor, upon reviewing the petition, determined there were sufficient
elector-residents living within the petition area for the purpose of initiating considering
establishing a no shooting area; and,
5. On April 25, 2022, the County sent letters to all Point No Point and Point Elliott
Treaty tribes pursuant to JCC 8.50.050, inviting the tribes to identify their concerns and inviting
their participation regarding the potential expansion of the Cape George Colony No Shooting Area;
and,
6. On June 6, 2022, the Board approved a legal notice, and published it on June 8 and
June 22, 2022 announcing a public hearing to be conducted on June 27, 2019; and,
7. On June 27, 2022, the Board held the public hearing on the proposed Cape George
Colony No Shooting Area boundary, during which oral and written testimony was received by the
Board; and,
8. In accordance with RCW 9.41.300(2)(a), the Board finds the location of the Cape
George Colony No Shooting Area is a region of unincorporated Jefferson County where there is a
reasonable likelihood that the health and safety of humans, domestic animals, or property may be
jeopardized by the discharge of firearms; and,
9. Upon conclusion of the public hearing the Board reviewed the record, deliberated
and voted to approve a no shooting area boundary as proposed herein; and,
10. The Cape George Colony no shooting area has been completed in a manner
consistent with Ordinance No. 02-0416-07 and Chapter 8.50 JCC; and,
NOW, THEREFORE, BE IT ORDAINED as follows:
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Section 1. Creation of the Cape George Colony No Shooting Area:
(a) The Cape George Colony No Shooting Area is hereby created, under Chapter 8.50
JCC.
(b) The boundaries of the Cape George No Shooting Area are as follows:
Cape George Colony Division No. 1, as per plat recorded in Volume 4 of
Plats, Page 21, records of Jefferson County, Washington;
Cape George Colony Division No. 2, as per plat recorded in Volume 4 of
Plats, Page 22, records of Jefferson County, Washington;
Cape George Colony Division No. 3, as per plat recorded in Volume 4 of
Plats, Page 23, records of Jefferson County, Washington;
Cape George Colony Division No. 4, as per plat recorded in Volume 4 of
Plats, Page 24, records of Jefferson County, Washington;
Cape George Colony Division No. 5, as per plat recorded in Volume 4 of
Plats, Page 32, records of Jefferson County, Washington;
Cape George Colony Division No. 6, as per plat recorded in Volume 4 of
Plats, Page 48, records of Jefferson County, Washington;
Cape George Colony Division No. 7, as per plat recorded in Volume 4 of
Plats, Page 51, records of Jefferson County, Washington;
Cape George Village Division No. 1, as per plat recorded in Volume 4 of
Plats, Page 41, records of Jefferson County, Washington;
Cape George Village Division No. 2, as per plat recorded in Volume 4 of
Plats, Page 44, records of Jefferson County, Washington;
Cape George Village Division No. 3, as per plat recorded in Volume 4 of
Plats, Page 60, records of Jefferson County, Washington;
Cape George Village Division No. 4, as per plat recorded in Volume 4 of
Plats, Page 75, records of Jefferson County, Washington;
Cape George Village Division No. 5, as per plat recorded in Volume 5 of
Plats, Page 16, records of Jefferson County, Washington;
Cape George Village Division No. 6, as per plat recorded in Volume 5 of
Plats, Page 17, records of Jefferson County, Washington;
Cape George Village Division No. 7, as per plat recorded in Volume 5 of
Plats, Page 76, records of Jefferson County, Washington;
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Cresthaven Subdivision as per plat recorded in Volume 6 of Plats, Pages 91
and 92, records of Jefferson County, Washington;
Ingersoll’s Addition as per plat recorded in Volume 2 of Plats, Page 5,
records of Jefferson County, Washington;
TOGETHER with all that real estate lying Westerly of platted areas in
Government Lots 1 and 2, Section 13, and Government Lots 3 and 4,
Section 12, all in Township 30 North, Range 2 West, W.M. (Parcels
002123001, 002123003, & 002132002);
AND TOGETHER with that portion of Government Lot 4 and of the
Southwest Quarter of the Southeast Quarter of Section 12, Township 30
North, Range 2 West, W.M., described as follows: Beginning at the
Northeast corner of Lot 16 in Block 10 of Cape George Colony, Division
No. 4, as per plat recorded in Volume 4 of Plats on Page 24, records of
Jefferson County, Washington, being a point of the Westerly margin of
County Road No. 40; thence North 77°50’ West, along the Northerly lines
of Lots, 16, 15, 14, 13, and 12, in said Block 10; a distance of 455.34 feet
to the Easterly line of Lot 2 in said Block 10; thence North 3°04’ East, along
the Easterly line of Lots 2 and 1 in said Block 10, a distance of 253.7 feet
to the Southerly line of Cape George Drive as shown on the Plat of Cape
George Colony Division No. 3, as per plat recorded in Volume 4 of Plats,
Page 23, records of Jefferson County, Washington; thence Easterly, along
said Southerly Line, to said Westerly margin of County Road No. 40; thence
Southerly, along said Westerly margin, to the point of beginning (Parcel
002123002).
(c) The boundary description in Section 1(b) shall be added to Article II of Chapter
8.50 JCC as JCC 8.50.100.210.
Section 2. Map of Cape George Colony No Shooting Area: Attachment A is a map of the Cape
George Colony No Shooting Area Map and is hereby made part of the Chapter 8.50 JCC. The
map Appendix and referenced in Section 2 shall be added to new JCC 8.50.100.210 immediately
following the description in Section 1(b).
Section 3. Meets and Bounds Description Controls over the Map: Should there be any discrepancy
or disagreement between the metes and bounds description found in Section 1 and the boundary
of the Cape George Colony No Shooting Area, as reflected on the map in Attachment A to this
Ordinance, then the text of the metes and bounds description in Section 1 shall control.
Section 4. SEPA Compliance. This resolution is categorically exempt from the State
Environmental Policy Act under WAC 197-11-800(19).
Section 5. Effective Date: This Ordinance shall take effect immediately.
(SIGNATURES FOLLOW ON THE NEXT PAGE)
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ADOPTED this _____ day of _________________________ 2022, at ___: ___ a.m.
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
SEAL:
______________________________
Heidi Eisenhour, Chair
______________________________
Kate Dean, Member
ATTEST: ______________________________
Greg Brotherton, Member
APPROVED AS TO FORM:
______________________________ ______________________________
Carolyn Gallaway, Date Philip C. Hunsucker, Date
Deputy Clerk of the Board Chief Civil Deputy Prosecuting Attorney
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Attachment A – Cape George No Shooting Area Map
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