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Home My WebLink AboutM032307S District No. 1 Commissioner: Phil Johnson District No.2 Commissioner: David W. Sullivan District No.3 Commissioner: John Austin County Administrator: John F. Fischbach Clerk of the Board: Lorna Delaney MINUTES Special Meeting March 23, 2007 Chairman Phil Johnson called the Special Meeting in the Superior Courtroom to order in the presence of Commissioners David Sullivan and John Austin. Discussion and Possible Decision re: Criteria in the Proposed No Shooting Zone Ordinance: Approximately 100 interested citizens were present. Director of Community Development Al Scalf explained that the proposed amendments are to Jefferson County Code 8.50 regarding the creation of no-shooting zones. The existing code was put in place in 1995. In early 2006, the County received a petition to create a no-shooting zone from residents at Paradise Bay. The Board held a hearing in April and several questions were raised during the public testimony. The Board asked the Planning Commission to review the criteria for no shooting zones and come back to them with a recommendation on the ordinance. The Planning Commission's review committee submitted their recommendation in May. Draft line in/line out language was developed by DCD staff and a public hearing on the draft ordinance was noticed for November 6,2006 in the Commissioners' Chambers. The hearing was postponed to the afternoon in order to accommodate the large number of citizens in attendance and it was continued to November 20 at Fort Worden. Public testimony was accepted until December 1. There are currently seven no shooting zones in the County, plus the City of Port Townsend. Commissioner Sullivan explained that the Board received a great deal of public comment on this draft ordinance. The lead planner on the project resigned in December and Commissioner Sullivan took it upon himselfto try to incorporate the comments into the draft ordinance. He worked on 4 additional drafts. He reviewed some ofthe issues he wants to see addressed: · The ordinance will cover the creation, alteration, or dissolution of a no-shooting zone. · RCW 9.41.300 (2) (a) is quoted in the ordinance instead of just referenced. · The exemptions are at the beginning of the ordinance and the exemption language was clarified to read, "The designation of a no-shooting area shall continue to allow:" · The definition of firearms was expanded. · The process can be initiated by petition of the people in the area or by elected representatives. · The Tribes need to be able to participate at the beginning of the process where it affects their usual and accustomed hunting rights. Page 1 Commissioners Special Meeting Minutes: March 23,2007 . A committee will be appointed to review the petitions, especially when creating a new no-shooting zone. . The Civil Deputy Prosecuting Attorney suggested the wording in 8.50.060 (2) read, "Any law enforcement officer having probable cause to believe that a person has committed a violation of this chapter has the authority to arrest the person." Chairman Johnson stated that this is not a public hearing and public testimony will not be taken. He explained that the main reason the Board asked the Planning Commission to review the ordinance was because the proposed Paradise Bay No-Shooting Zone boundary covered a large area including land that local residents use as hunting grounds. Commissioner Sullivan added that, about the same time, he was approached by some residents in Port Hadlock who were concerned about shooting in their neighborhood and he referred them to the Sheriff. The Sheriff suggested that a no-shooting zone be created, but the current ordinance required the residents of the area to submit a signed petition. The Board questioned ifthe ordinance was meeting the County's needs. Chairman Johnson stated that it does not appear to be a problem to get signatures from residents in a proposed no-shooting zone. He thinks that a majority vote of the Board of County Commissioners should also be able to initiate the no-shooting zone process because under the State statute they are given the authority to protect the health, safety and welfare of citizens. He suggested that the RCW be reiterated and referenced in 8.50.050 which would read, "The process for the creation, alteration, or dissolution of a no shooting area in accordance with RCW 9.41.300 (2)(a) can be initiated by either: [a petition from residents or a majority ofthe Board]". The other Commissioners agreed. Commissioner Sullivan moved to adopt draft #5 of the No-Shooting Zone Ordinance. Commissioner Austin seconded the motion. Commissioner Sullivan went into more detail regarding his suggested changes. He wants to see RCW 9.41.300 (2)(a) quoted in the ordinance under 8.50.010 instead of just referenced because that is the authority the Board is acting under. The sentence in the first paragraph would read, "The creation of a no- shooting area shall be considered in accordance with RCW 9.41.300 (2)(a) wherein counties are authorized to enact laws and ordinances restricting the discharge of firearms where there is a reasonable likelihood that humans, domestic animals, or property may be jeopardized." Commissioner Austin stated that he thinks the new language and the order of exemptions at the beginning of the ordinance clarifies that people's rights are preserved for self-defense and protecting animals and livestock. Page 2 Commissioners Special Meeting Minutes: March 23,2007 ..",0'" t Commissioner Sullivan went on to explain that he expanded the definition of firearms in 8.50.040 to read, "Firearm, as used in this ordinance shall be defined as any device that fires or discharges a projectile using an explosive charge as a propellant and shall include, but not be limited to, pistols, revolvers, shotguns and rifles." Commissioner Austin mentioned that they may want to recognize the difference between shotguns and high powered rifles. Commissioner Sullivan replied that this issue could be addressed by the review committee because it may be more specific to certain no-shooting zone proposals. Commissioner Sullivan reported that the next proposed change is 8.50.050 dealing with the creation, alteration, or dissolution of a no shooting area. He reviewed the petition process for initiating a no-shooting zone. In (3) he added, "The County Commissioners may have the review committee consider the petition before establishing a date for the public hearing. Treaty Tribes will be contacted by the County to identify any concerns and invite their participation." In (3)(a)(v) Commissioner Sullivan clarified that the review committee would include: "Representative stakeholders from the petition area as determined by the County Commissioners, with the goal of including persons from all sides of any contended or questionable issue." He doesn't see this committee as a standing committee because stakeholders and community participants might change. He didn't have a number of stakeholders in mind, although he suggested three residents-at- large. Commissioner Austin clarified that the committee members would be specific to the area where the no-shooting zone is proposed. Commissioner Austin quoted 8.50.050 (3), "After petition signatures have been verified......the County Commissioners shall hold a public hearing regarding the petition or may choose to facilitate and may assign a review committee." He suggested that the committee review the petition and give a recommendation before the public hearing and that the word "and" be changed to "or." Commissioner Sullivan agreed with the language change and noted the proposed additional language in that paragraph that "The County Commissioners may have the review committee consider the petition before establishing a date for the public hearing. Treaty Tribes will be contacted by the County to identify any concerns and invite their participation. " Commissioner Sullivan explained that 10 signatures are required on the petition in the current ordinance. He submitted a spreadsheet from the Auditor showing the number of voters in each precinct. He suggested that 20 voter signatures be required. There was a brief discussion about using a number rather than a percentage of residents. If there is more than one precinct within the proposed boundary, there will be more than 20 voter signatures on the petition. Chairman Johnson suggested changing the wording in 8.50.050 (3)(iv) regarding the make-up of the review committee to read, "At least one representative of tribal interests will be invited." Commissioner Sullivan noted that he added language in (v) to read, ''with the goal of including persons from all sides of any contended or questionable issue." The Commissioners agreed on these wording changes. Page 3 Commissioners Special Meeting Minutes: March 23, 2007 Commissioner Sullivan stated that the Civil Deputy Prosecuting Attorney suggested a change in 8.50.060 (2) from "Any law enforcement officer having information to support a reasonable belief that a person has committed a violation of this chapter has the authority to arrest the person." to "Any law enforcement officer having probable cause to believe......" The Commissioners concurred. Commissioner Austin noted a minor grammatical error in 8.50.050 (3)(b) to change "are" to "is." The other Commissioners agreed. Commissioner Sullivan moved amend the motion to adopt draft #5 with the changes that the Board agreed on during their deliberations. Commissioner Austin seconded the motion. Al Scalf explained that findings of fact are required in the adopting ordinance. A finding in the 1995 ordinance stated "Whereas the unincorporated private communities of Kala Point, Port Ludlow and Cape George Colony, all located within the boundaries of Jefferson County, have, through their respective Homeowner's Associations requested an ordinance setting forth procedures to establish "no shooting" areas around their communities." He asked if the Board still wants to include this finding? He suggested that the following two findings from the 1995 ordinance are also included in the new ordinance: 1) "Whereas, the Board of Jefferson County Commissioners recognizes that persons discharging firearms near such developed residential areas in unincorporated Jefferson County presents a safety hazard to those residents; and 2) Whereas, the provisions ofRCW 9.41.300 provide that counties may enact laws or ordinances restricting the discharge and possession of firearms in certain instances; and," Al Scalf stated that the Board may want to include a suggestion that Chairman Johnson made during the deliberations as a finding. The wording to be added would be "Whereas, this is a rural county and hunting occurs within rural and resource lands." Commissioner Sullivan amended his motion to adopt draft #5 with the changes that the Board agreed on during their deliberations and to include the three "whereas" statements in the 1995 ordinance and the additional "whereas" suggested by the Director of Community Development. Commissioner Austin seconded the motion which carried by a unanimous vote. Commissioner Sullivan reported that the Board has received a petition for a no-shooting zone from residents in the Tri Area. County Administrator John Fischbach stated that it will be brought forWard within the next few weeks. He added that the Board will need to make a decision on the Paradise Bay No-Shooting Zone also. Page 4 Commissioners Special Meeting Minutes: March 23, 2007 (0, NOTICE OF ADJOURNMENT: Commissioner Austin moved to adjourn the Special Meeting until their next regular meeting on Monday, March 26,2007 at 9 a.m. in the Commissioners' Chambers. Commissioner Sullivan seconded the motion which carried by a unanimous vote. MEETING ADJOURNED I r" { $rf' ':l~_'L.c ; /' . ( .~"., .~~'" c~~ .. ~, , , <it' t'..I,.. . : x '~\f. ',' ':~ij:.,f,f '~',," , . ~(i \'lI1~~.,"',.:. }~. ~~~!.'_: ;',! ,T "','J-" ~ : '., ..,., '17"J.. .,,'" · <c '" .' y.$ . . . ..\it. /' ,I"r-. ~"J/' ~'-<~ ,,. S () It \,/' . , ,. -::.... .=-~-~ ~ ~~~,~C Deputy Clerk of the Board JEFFERSON COUNTY BOARD OF COMMISSIONERS hilJ Da~~' J~t~ Page 5