HomeMy WebLinkAbout062122ra02 JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners
FROM: Philip Hunsucker, Chief Civil Deputy Prosecuting Attorney
DATE: June 21,2022
SUBJECT: HEARING re: ORDINANCE NO. 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:
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 DRAFT Ordinance re: Establishing a Cape George No Shooting Area under Chapter 8.50 of
the Jefferson County Code
REVIEWED B •--
'� J C •/gyp•Z Mark McCauley,McCauley, County Aministrator Date
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STATE OF WASHINGTON
COUNTY OF JEFFERSON
In the Matter of Repealing of the Cape
George No Shooting Area ORDINANCE NO.
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- )416,-07 was adopted by Jefferson County,
codified under the Health and Safety provisions of Chapter of the Jefferson County Code
(JCC), which specifies the process to create or alter no s ' g areas in accordance with RCW
9.41.300(2)(a)"where there is a reasonable likelihood ' s, domestic animals, or property
may be jeopardized;" and,
2. JCC 8.50.050 specifies procedur., ;tor establishing, Jtering or dissolving no
shooting areas in specifically described unincorporated areas of J- ..on County, including
initiation by petition filed by at least 20 electorrents of each voting p ct in the area under
consideration, or by a majority vote of the Board d unty 4444,
3. On November 12, 2 2 petition wa'/ ed pursuant to JGE 8.50.050(1)(a)
from residents of Cape George Colony area in vo Precinct #104 and #105, seeking to
establish a no shooting area; and,
4. The Count :4 ditor, upon'r iewing petition,4otermined there were sufficient
elector-residents livie petite area toefor the purpose of initiating considering
establishing a no slit, ,rig area; a „ ;
5. On April 2022,the County % letters to all Point No Point and Point Elliott
Treaty tribespursuant to J 8.5 t3 inviting 410 tribes to identify their concerns and inviting
their part' ding t po .ntialexpansion he Cape George Colony No Shooting Area;
and, ,i
. ;,, On June 6, 22, the Board approved a legal notice, and published it on June 8 and
June 22, 2022 announcing a p 1ic hearingto 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(2Xa), 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 8,500 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 plot recorded in Volume 4 of
Plats, Page 22, records of Jefferson County„Washington;
Cape George Colony Division No. 3, asp lat recorded in Volume 4 of
Plats, Page 23, records of Jefferson County, Washington;
Cape George Colony Division o. 4, as per plat recorc.o in Volume 4 of
Plats, Page 24, records of Jefferson County, Washington;'
Cape George Colony Division No. 5,as par" recorded in Vry e 4 of
Plats, Page 32, recortJefferson County, hington;
Cape George Colony Division k as per M I/recorded in Volume 4 of
Plats, Page 48, records of J fersori y, Wa eo.aton;
Cape 4 _e Co+ �. Division o ' s per 4 recorded in Volume 4 of
Plats, Pe 51, rec. r�;.. of Jefferson County, Washington;
Cape George Village ,ision No fas per plat recorded in Volume 4 of
P,s s,Page 41,records of Jerson ty, Washington;
Cape George Village Division No. 2, as per plat recorded in Volume 4 of
Plats, Page 4 records Or Jefferson County, Washington;
Caw George V' •.:e Division No. 3, as per plat recorded in Volume 4 of
Plats,Page 60, reiCords 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);
,r
AND TOGETHER with that portion of ment Lot 4 and of the
Southwest Quarter of the Southeast Q / ,of Section 12, Township 30
North, Range 2 West, W.M., descri 6 $` as f,, a ws: Beginning at the
Northeast corner of Lot 16 in Bloc of Cape George Colony, Division
No. 4, as per plat recorded in yi'$ c' e 4 of Plats on Page 24, records of
Jefferson County, Washingtoring a point of the Westerly margin of
County Road No. 40; thence Nor 327°50' We along the'Northerly lines
of Lots, 16, 15, 14, 13, and 12, in sdi4 Blo a distance of ,05.34 feet
to the Easterly line o 2 in said Bloch .' thence North 3°04' East,along
the Easterly line of L�� ;;!1 1 in said or k 10, a distance of 253.7 feet
b
to the Southerly line of e' e e Drive' s s own on the Plat of Cape
George Colony Division o, 3,jas per lat reci . in Volume 4 of Plats,
Page 23, records of Jefferson ounty �.ington; nce Easterly, along
said S,, y to said V�': erly m 'gi '�f; ounty Road No.40;thence
Sout e ,, along "Westerly' +/ n, to the'point of beginning (Parcel
002123
�� under' „ , ' ptio,,;�
(c) 1 ,,; t 0//Section b) shall be added to Article II of Chapter
,;`-' 8.50' JCS Z 0.1 00 2'1 kix,y
Section 2. ap of Cape Ge`4 Col'. c�
:: o Shooting Area: Attachment A is a map of the Cape
George Col No Shooting ea Maw•. is hereby made part of the Chapter 8.50 JCC. The
map Appendix 4.04 referenced rn Section 2 shall be added to new JCC 8.50.100.210 immediately
following the description in Sedan 1(b).
Section 3. Meets and BoundsBouod$pc,stription 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(1 9).
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:
Gr ; it ,0, rton, Member
APPROVED AS TO FORM:
11:i.
��%, hili C. sucker, Date
Carolyn Gallaway, Date p
Deputy Clerk of the Board '= of eputy Prosecuting Attorney
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Attachment A-Cape George No Shooting Area Map
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Cape George ' `°`
No Shooting Area Proposal :77
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