HomeMy WebLinkAbout071122ca01 JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners
FROM: Mark McCauley, County Administrator
DATE: July 11,2022
SUBJECT: HEARING NOTICE re: Establishing a Greater Jolie Way and Silver Berry Place No
Shooting Area(NSA) under Chapter 8.50 of the Jefferson County Code
STATEMENT OF ISSUE:
On June 12, 2022, under JCC 8.50.050(1)(a), a petition to establish a no shooting area was submitted to
the Board of County Commissioners (BOCC) by residents of the Greater Jolie Way and Silver Berry
Place, Precinct 1201 —North Jacob Area.
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 BOCC find the petition warrants consideration, the BOCC
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.
On July 5, 2022 The BOCC agreed to hold a public hearing on this NSA. A public hearing would take
public testimony from all interested persons for or against establishing the Greater Jolie Way and Silver
Berry Place NSA. The BOCC shall consider the location, terrain and surrounding land use of the
petitioned area. The BOCC shall determine the final boundaries for the creation of a no shooting area.
ANALYSIS:
A hearing notice announcing the public hearing scheduled for July 25, 2022 at 10:30 a.m. to consider
public testimony and deliberate on the petition is attached. The hearing will listen to all input for or
against establishing this NSA. Jefferson County invites Tribal input on all proposals from local tribes.
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:
1
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.
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 BOCC shall consider the location, terrain and surrounding land use of
the petitioned area.The BOCC shall determine the final boundaries for the creation of a no shooting
area. The BOCC 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:
Mark McCau County Administrator D to
2
NOTICE OF PUBLIC HEARING
BEFORE THE JEFFERSON COUNTY BOARD OF COMMISSIONERS
ON AN ORDINANCE IN GREATER JOLIE WAY AND SILVER BERRY PLACE
NOTICE IS HEREBY GIVEN that a public hearing is scheduled by the Jefferson County Board of
Commissioners (BOCC) for Monday, July 25, 2022 at 10:30 a.m. in the Commissioners' Chambers,
County Courthouse, 1820 Jefferson Street, Port Townsend, WA 98368. 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 an ordinance for a
No Shooting Area located in the Greater Jolie Way and Silver Berry Place, which the County
Commissioners are considering for possible adoption. The No Shooting Area was originally
submitted as a petition, found to be sufficient by the county Auditor, for an area in the Greater Jolie
Way and Silver Berry Place. The BOCC shall consider the location, terrain and surrounding land use
of the petitioned area. The BOCC shall determine the final boundaries for the creation of a no
shooting area. Jefferson County invites Tribal input on all proposals from local tribes.
The petition for the Greater Jolie Way and Silver Berry Place No Shooting Area may be reviewed at:
https://test.co Jefferson.wa.us/WeblinkExternal/DocV iew.aspx?id=3526237&dbid=0&repo=Jefferson
You are welcome to participate in this 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-PERSON: This option is only
available provided a hybrid meeting can be held with reasonable safety, namely that the COVID-19
risk is Very Low, Low or Moderate per the dashboard located at
https://www.co.jefferson.wa.us/1429/COVID-19 per BOCC Resolution No.24-22. If in-person is
available, seating capacity may also be limited to 50%.
To view documents or watch this meeting live with no participation, go to www.co.jefferson.wa.us
Follow the links under "Quick Links: Videos of Meetings: Today. " If you experience difficulties
joining the meeting or viewing documents please call 360-385-9100 to report any issues.
In addition, written testimony is also invited beginning on July 13, 2022 and ending on July 20, 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.
Signed this 11th day of July, 2022.
JEFFERSON COUNTY BOARD OF COMMISSIONERS
Heidi Eisenhour, Chair
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Date: June 12, 2022 RECEIVED
To: Board of County Commissioners,Jefferson Country,Washington
From: The Neighborhood of Jolie Way and Silver Berry Place, JUN 1 4 2022
Port Townsend,WA 98368
JECOFFERSMM1sS ONERS Y
Dear Commissioners,
We,the undersigned,are requesting that our neighborhood of Greater Jolie Way and Silver
Berry Place, which are private roads consisting of 41 households including those within close
proximity to these two roads, be designated as a no shooting zone under Jefferson County Code
Title 8.50.030. There have been multiple unsafe shooting situations that threatened us,our
animals, and our properties. Despite past efforts to stop this,the threats continue and have
recently increased to the point where we need to act before a serious accident happens.
First,those of us making this request are not anti-gun. Many of us own guns and some of us are
ex—military with a clear understanding of gun safety. Many of us have lived in this
neighborhood or in rural areas of the country for many years and are aware of the expectations
of a rural lifestyle.
Our request comes because multiple problems have occurred on our streets spanning over the
past 12 years or more,with a sharp increase in problems over the past two years. Listed below
are just a few of the incidences:
- An individual repeatedly rode a dirt bike along both roads,drunk and shooting a
handgun into the road and into a neighbor's yard
- Target shooting was conducted on a property line with the guns aimed directly into
another person's yard and along a walking trail. No backstop existed.This happened
quite a few times at multiple residences
- Random shooting occurs at all hours of the day and night and include shots heard
from handguns, rifles,semi-automatic assault rifles,and an unidentified extremely loud
and powerful firearm
- We often hear shooting parties where people sound drunk while shooting multiple
weapons
- One group shoots directly into a hill and the shooting becomes so intense that
neighbors higher up the hill can feel the ground shake beneath them.This is an ongoing
problem
- Another family has heard bullets whiz through their woods onto their property.
This is an ongoing problem,too, and the residents are very frightened.
- Every year during hunting season, hunters park along Jolie Way and Hastings Ave.
They enter our private properties with guns without our knowledge or awareness
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Though our properties may contain acreage, the houses themselves are mostly clustered within
500 feet of another house.We also butt up to properties on Hastings Avenue, Lindsay Lane,
Arabian Lane, and J Popper Way.Jolie Way and Silver Berry Place contain six curves where most
of our homes are located, and the houses are not evenly spaced along the road (see included
map and bubble chart). Farm animals,children and pets live here with us, putting them athigh
risk, even within their own yards. Also, many people from adjoining neighborhoods walk along
the wooded trails that wind through our properties and they can be hard to see through the
trees. People from outside our neighborhood freely use the roads and trails tn jog, walk their
dogs or ride horses. For all these reasons,our neighborhood is an active,densely populated
region,making this an unsafe area to shoot weapons.
Weapons have become more powerful over the past 40 years,yet our gun laws don't reflect
this. For example, according to the NRA,the range of a bullet shot from the old-style AK-47 semi
—automatic military assault rifle was 400 meters,while the range nf today'sAR'l5isZ2 miles. A
9 mm handgun bullet has a range of 1.2 miles. For this reason,Washington State public land
laws declare no shooting be allowed within 500 feet of any public structure(WAC 392'53.45)
because they have deemed this zone as extremely hazardous and unsafe for the public. Many of
our surrounding counties have some version of this law for privately owned properties as well.
Our homes, pets and properties are well within 500 feet of each other, but in Jefferson County,
our only option tu keep our homes,ourselves and our animals safe isto apply for this no-shoot
designation.
For all the above reasons, the likelihood of a serious accident happening in our neighborhood
has increased exponentially. Many shooters are not following gun safety laws or permitting
requirements. Often,the problems come from renters who don't own property here,The police
have been called on numerous occasions and by numerous people, but they state we need this
zone designation for them to act. It is upon their suggestion that we are applying.
VVeunder5tandthat several residential communities in unincorporated Jefferson Country(i.e,,
Ka|a Point, Port Ludlow, Ocean Grove)have already been declared no-shooting areas under
Jefferson Country Code Title 8.5O.03O.VVe are requesting that the county also designate the
area of Greater Jolie Way and Silver Berry Place as outlined in the included map be designated
asno'shuoting.
Along with other enclosures,we are also including a breakdown of properties by type and
residency. Please note that the overwhelming majority of 91.17%of residents we contacted
voted in favor of the no-shooting designation.
We will be happy to provide anything else that you need.Thank you for your time and
consideration,
The Residents of Greater]o|ie Way and Si|verbe'ry Place
Enclosures(6)
l. nine sheets of signatures; 2.a map of the proposed no-shoot designation zone; 3.a
written description of the boundaries;4. a bubble map proving our homes are within
the hazardous and unsafe distance uf5OO feet from each other; S a chart ofbullet
ranges by gun type; and 6.VVAC332'S2'14S.
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Below please find the breakdown of households/properties as compared to votes within
the outlined area of Greater Jolie Way and Silverberry Road. As you can see, the
overwhelming majority of people living within the requested no shoot zone voted in
favor of assigning the designation:
Numbers:
Households/Properties: 41
Jefferson County owners: 36
Non-Jefferson County owners: 5—Texas,Alaska, Clark, Kitsap and King Counties
Properties without dwellings: 2
Number of yes votes: 46
Number of no votes: 1
Number of votes to abstain: 1
Number undecided: 1
Number of households we were able to contact: 34
Number of households voting yes: 31
Number of households we could not contact: 7
Percentage of households/property owners we contacted who voted in favor: 91.17%
Proposed greater Jae Way / Silverberry Pi No-Shooting Designation
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Greater Jolie Way/Silverberry Place --- No-Shooting Proposed Area Desciption
All properties are poetion of the following PLATs for Jefferson County in the State of Washington:
SE SEC 06 TWP 30N REG 1W
NE SEC 07 TWP 30N REG 1W
SE SEC 07 TWP 30N REG 1W
NW SEC 07 TWP 30N REG 1W
Starting at the intersection of(3511) Hastings Ave W and the NW corner of parcel 001064022 head east along
the northern boundaries of 0010644022 and 001064009 to its NE corner then;
Head south along eastern boundary of parcel 001064009 to its SE and its intersection with the NW corner of
parcel 001071002 then;
Head east along the northern boundary of parcel 001071002 its NE intersection of the NW corner of parcel
001071037 then;
Head south along the eastern boundary of parcel 001071002 to its SE intersection with the NW corner of
001071038 then;
Head east along the nothern boundary of parcel 001071038 to its NE intersection with the NW corner of
001071031
Head south along the eastern boundary of parcel 001071038 to its SE intersection wit the NW corner of
001071014 then;
Head east along the nothern boundary of parcel 001071014 to its NE intersection with parcel 001082020 (DNR
Land) then;
Head south along the eastern boundaries of parcels 001071014, 001071003, 001074036, and 001074025 to its
SE intersection with parcel 992000007 then;
Head west along the southern boundaries of parcels 001074025, 001074037, 001074027,001074026 to its SW
corner intersection with parcel 001074024 then;
Head north along the western boundary of parcel 001074026 to its NW corner intersection with the SE corner
of parcel 001074032 then;
Head west along the southern boundary of parcel 001074032 to its intersection with parcel 001074029 then;
/
Head north along the a western boundary of parcel 001074032 to the intersection with the NE corner of parcel
001074029 then;
Head west along a southern boundaries of parcels 001074032 to NW its intersection with the SW parcel
001073007 then;
Head north along the western boundary of parcel 001074033 to NW intersection with the SW corner of parcel
001071006 then;
Head east along the northern boundary of parcel 001071033 to its NE intersection with the SW corner of parcel
001071042 then;
Head north along the western boundaries of parcels 001071023 to its intersection with the SE corner of parcel
001071036 then;
Head west along the southern boundaries of parcels 001071036 and 001071035,to its SW intersection with the
SW corneror parcel 001072010 then;
Head north along a western boundary of parcel 001071035 to the intersection with the NE corner of parcel
001072010 then;
Head northwest along a southern boundaries of 001071008 and 00107011 to the SW intersection of 001072011
with (3651) Hastings Ave W then;
Head northeast along Hastings Ave W to the point of origin at NW corner of parcel 001071022 with (4393)
Hastings Ave W
This defined area includes all of the parcels within the outline described , including any not directly mentioned
above in the perimeter boundary description
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Each circle represents a 500-foot area around an occupied structure.
Crossovers happen within the SOO foot range of another structure.
WAC332.52.45 (3 B and C) states this cross-over as unsafe for shooting
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Attachment A—Greater Jolie Way and Silver Berry Place No Shooting Area Map
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; i I NolSt�aat ng Area Proposal ii
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STATE OF WASHINGTON
COUNTY OF JEFFERSON
In the Matter of Establishing a Greater Jolie
Way and Silver Berry Place No Shooting ORDINANCE NO.
Area Under Chapter 8.50 of the Jefferson
County Code
WHEREAS, the Jefferson County Board of County Commissioners makes the following
Findings of Fact with respect to the Greater Jolie Way and Silver Berry Place_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 June 14, 2022, a petition was received pursuant to JCC 8.50.050(1)(a) from
residents of Greater Jolie Way and Silver Berry Place area located in voting Precinct #1201 —
North Jacob, 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 July 5, 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 Greater Jolie Way and Silver Berry Place No Shooting Area; and,
6. On July 11, 2022, the Board approved a legal notice, and published it on July 13
and July 20, 2022 announcing a public hearing to be conducted on July 25, 2022; and,
7. On July 25, 2022, the Board held the public hearing on the proposed Greater Jolie
Way and Silver Berry Place 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 Greater
Jolie Way and Silver Berry Place 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 Greater Jolie Way and Silver Berry Place no shooting area has been completed
in a manner consistent with Ordinance No. 02-0416-07 and Chapter 8.50 JCC; and,
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NOW, THEREFORE, BE IT ORDAINED as follows:
Section 1. Creation of the Greater Jolie Way and Silver Berry Place No Shooting Area:
(a) The Greater Jolie Way and Silver Berry Place No Shooting Area is hereby created,
under Chapter 8.50 JCC.
(b) The boundaries of the Greater Jolie Way and Silver Berry Place No Shooting Area
are:
That portion of Southeast '/4 of Section 6, Township 30 North, Range 1 West, W.M.,
and Northeast'/4 of Section 7,Township 30 North,Range 1 West,W.M.,and Southeast
1/4 of Section 7, Township 30 North, 1 West, W.M., Jefferson County, Washington
described as follows:
Beginning at the Southwest corner of Lot 2 of Cook Short Plat, as per plat recorded in
Volume 1 of Short Plats, page 157, records of Jefferson County, Washington;
Thence East along the southerly line of Lots 2, 3, and 4 of said Cook Short Plat to the
Northwest corner of Lot 1 of Schroeder & McGee Short Plat, as per plat recorded in
Volume 5 of Short Plats,pages 118 and 119, records of Jefferson County, Washington;
Thence South along the Westerly line of Lot 1 of said Schroeder & McGee Short Plat
to the Northerly line of Section 7, Township 30 North, Range 1 West, W.M.;
Thence East to the Northeast corner of the West '/2 of the Northeast 1/4 of the Northeast
1/4 of said Section 7;
Thence South to the Northwest corner of the Southeast 1/4 of the Northeast 'A of the
Northeast '/4 of said Section 7;
Thence East to the Northeast corner of the West 1/2 of the Southeast 1/4 of the Northeast
V4 of the Northeast 1/4 of said Section 7;
Then South along the easterly line of the West '/2 of the Southeast V4 of the Northeast
V4 of the Northeast V4 said Section 7 to the Northwest corner of the East '/2 of the
Northeast '/4 of the Southeast 1/4 of the Northeast 1/4 of said Section 7;
Thence East to the Southeast corner of the Northeast '/4 of the Northeast V4 of said
Section 7;
Thence South to the Southeast corner of the Northeast 'A of the Southeast Y4 of said
Section7;
Thence West to the Southwest corner of the Northeast 1/4 of the Southeast 1/4 of said
Section 7;
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Thence North to the Northeast corner of the South '/2 of the Southeast '/4 of the
Northwest '/4 of the Southeast '/4 of said Section 7;
Thence West to the Northwest corner of the South half of the Southeast '/4 of the
Northwest '/4 of the Southeast '/4 of said Section 7;
Thence North to the Northeast corner of the Southwest '/4 of the Northwest 'A of the
Southeast 1/4 of said Section 7;
Thence West to the Westerly line of the Southeast 1/4 of said Section 7; Thence North
to the Northwest corner of the Southeast 1/4 of said Section 7;
Thence East to the Southwest corner of the West '/2 of the West '/2 of the Northeast '/4
of said Section 7;
Thence North to the Southeast corner of the Fox/Maland/McCormick Short Plat,as per
plat recorded in Volume 2 of Short Plats, page 125, records of Jefferson County,
Washington;
Thence along the Southerly line and Westerly line of said Fox/Maland/McCormick
Short Plat to the Northwest corner of said Plat;
Thence North 65°37'20" West, 611.80 feet to the East line of the county road.
Thence Northeasterly along the East line of county road to the point of beginning.
Situate in the County of Jefferson, State of Washington. The boundary description in
Section 1(b) shall be added to Article II of Chapter 8.50 JCC as JCC 8.50.100.210.
(c) The boundary description in Section 1(b) shall be added to Article II of Chapter 8.50
JCC as JCC 8.50.220.
Section 2. Map of Greater Jolie Way and Silver Berry Place No Shooting Area: Attachment A is
a map of the Greater Jolie Way and Silver Berry Place 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 8.50.100.220 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 Greater Jolie Way and Silver Berry Place 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).
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Section 5. Effective Date: This Ordinance shall take effect immediately.
(SIGNATURES FOLLOW ON NEXT PAGE)
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
Clerk of the Board Chief Civil Deputy Prosecuting Attorney
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Attachment A—Greater Jolie Way and Silver Berry Place No Shooting Area Map
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