HomeMy WebLinkAbout02 0416 07ec" D '41 il 101
JEFFERSON COUNTY
State of Washington
AN ORDINANCE ESTABLISHING A PROCESS }
FOR THE ESTABLISHMENT OF NO }
SHOOTING AREAS IN SPECIFICALLY }
DESCRIBED UNINCORPORATED AREAS OF } ORDINANCE NO. 02- 0416 -07
JEFFERSON COUNTY }
WHEREAS, this is a rural county and hunting occurs within rural and resource areas;
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
Homeowners' Associations requested an ordinance for setting the procedures to establish "no
shooting" areas around their communities, and;
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
WHEREAS, the provisions of RCW 9.41.300 provide that Counties may enact laws or ordinances
restricting the discharge and possession of firearms in certain instances; and,
NOW, THEREFORE, BE IT HEREBY ORDAINED, by the Board of County Commissioners of Jefferson
County.
SECTION 1: PURPOSE
The purpose of this ordinance is to establish a process for the establishment, alteration, or
dissolution of "no shooting" areas in unincorporated Jefferson County and to provide regulation of the
discharge of firearms in such areas as provided in this chapter. 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 ". County officials shall endeavor to
facilitate solutions within communities to resolve concerns leading to petitions for no shooting areas.
Areas considered for creation, alteration, or dissolution of a no shooting area shall be considered on an
individual basis to adequately assess the motivation for the proposal and to resolve existing differences
regarding an area. Creation of a no shooting area must be realistically enforceable in the area
designated.
SECTION 2: EXEMPTIONS
The designation of a no shooting area shall continue to allow:
(a) The use of firearms by citizens pursuant to RCW 16.08.020 regarding dogs, or other
animals, endangering livestock.
(b) The lawful use of a firearm by a law enforcement officer in the performance of their duties.
(c) The use of firearms to lawfully slaughter farm animals.
(d) The lawful use of force by citizens.
(e) The continued operation of legally established private or public gun club facilities or
commercial shooting ranges which were established and operating prior to the enactment of
the No Shooting Area or the development of outdoor ranges constructed in compliance with
JCC 18.20.350 (8).
Ordinance No. 02- 0416 -07 re: Process for Establishment of No Shooting Areas
SECTION 3: PROHIBITED
It is unlawful for any person to discharge firearms in a no shooting area established by Jefferson
County. This chapter shall not 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 4: FIREARMS DEFINED
"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.
SECTION 5: CREATION ALTERATION OR DISSOLUTION OF A NO SHOOTING AREA
The process for the creation, alteration, or dissolution of a no shooting area can be initiated in
accordance with RCW 9.41.300, 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 ", by either:
(a) A petition filed by residents containing the signatures of at least 20 elector- residents
of each voting precinct in the area under consideration, or
(b) A majority vote of the Board of County Commissioners.
(1) Petitions or requests for the creation of a no shooting area or to alter or dissolve an existing no
shooting area by the Jefferson County Board of Commissioners shall be filed with the Clerk of
the Board of County Commissioners. The petition or request must be based on a definable
threat to the public health, safety or general welfare.
(2) The petition, or request, must include a legal description of the proposed boundaries with: a
map showing the proposed area, a written statement explaining the reasons for the petition, and
a statement, where applicable, of reported incidence involving firearms in the petition area.
(3) After petition signatures have been verified by the Jefferson County Auditor - Elections and the
Board of County Commissioners finds the petition warrants consideration, the County
Commissioners shall hold a public hearing regarding the petition or may choose to facilitate an
amicable solution within the proposed area or may assign a review committee to consider the
merit of the petition specific to the area under consideration. 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.
(a) The review committee shall consist of:
(i) The County Sheriff or his designee.
(ii) The Director of the Department of Community Development, or his designee.
(iii) Three residents -at -large to be appointed by the County Commissioners.
(iv) At least one representative of tribal interests will be invited.
(v) 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.
(b) The review committee shall consider, but is not limited to consideration of the
location, terrain and surrounding land use of the petition area. The committee shall
also consider any additional instructions given by the County Commissioners at the
assignment of the committee. The County Commissioners shall hold a public
hearing on the review committee's recommendations soon_ after they are received by
the commission.
Page: 2 of 4
Ordinance No. 02- 0416 -07 re: Process for Establishment of No Shooting Areas
(4) Legal notice of the public hearing shall be published one time in the official newspaper of
the county at least 10 days prior to the hearing.
(5) If the County Commissioners find the formation, alteration, or dissolution of the petitioned
area to be beneficial to the public health, safety or general welfare, the area shall be
established, altered, or dissolved as a no shooting area by ordinance. The Board of
Commissioners shall consider, but is not limited to considerations of the location, terrain and
surrounding land use of the petitioned area. The Board of Commissioners shall determine
the final boundaries for the creation of a no shooting area.
(6) Public Works may post signs along public roads indicating a no shooting area boundary
where deemed necessary. The Department of Community Development shall inform
development and permit applicants if a parcel is within a no shooting area.
SECTION 6: VIOLATIONS - MISDEMEANORS - PENALTY - ARREST
(1) Any person discharging a firearm in a no shooting area is guilty of a misdemeanor. It shall
not be a violation of this chapter when a person discharges a firearm in accordance with the
provisions of RCW 9A.16.020.
(2) 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.
(3) The first offense for violation of this chapter constitutes a civil penalty not to exceed $100.00.
Consecutive offenses are punishable, upon conviction, by a fine not to exceed $250.00 or by
confinement in the county jail for a period of not more than 90 days.
SECTION 7: ENFORCEMENT OFFICERS AND PROCEDURES
Enforcement of this chapter may be by any state or county law enforcement officer, state game
officer, or state fish and wildlife officer. All such enforcement officers are empowered to issue citations
to and /or arrest without warrant persons violating the provisions of this chapter. Said enforcement
officers may serve and execute all warrants, citations and other process issued by the courts.
In addition, mailing by registered mail of such warrant, citation or other process to the last
known place of residence of the offender shall be deemed as personal service upon the person
charged. Said enforcement officers may seize and hold as evidence the weapon and ammunition of
any person violating the provisions of this chapter.
SECTION 8: INTERPRETATION
In the event any other county ordinance, whether or not codified, is in conflict with any of the
terms of this chapter, the more stringent shall be construed as applicable.
SECTION 9: SEVERABILITY
If any section, word or words of this ordinance are found to be unconstitutional, or otherwise
invalid, such constitutionality or invalidity shall not affect the remaining portions of the ordinance.
Page: 3 of 4
02- 0416 -07
Ordinance No. re: Process for Establishment of No Shooting Areas
SECTION 10: REPEALER
This ordinance repeals and replaces ORDINANCE NO. 03- 0227 -95 regarding the establishment
of no shooting areas in Jefferson County.
Approved and signed this 16th day of April, 2007.
ATTEST:' "
Julie Matthes
Deputy Clerk of the Board
APPROVED AS TO FORM:
OW Cj 4-))0)-0-1
David Alvarez, Deputy Prosecuting Attorney
JEFFERSON COUNTY
BOARD OF COMMISSIONERS
Phil Joh on, Chairman
David ulli an, em er
Joh Austin, Member
Page: 4 of 4
z
ATTEST:' "
Julie Matthes
Deputy Clerk of the Board
APPROVED AS TO FORM:
OW Cj 4-))0)-0-1
David Alvarez, Deputy Prosecuting Attorney
JEFFERSON COUNTY
BOARD OF COMMISSIONERS
Phil Joh on, Chairman
David ulli an, em er
Joh Austin, Member
Page: 4 of 4
Instruction for Filing a Petition to Establish a "NO SHOOTING" Area
within Jefferson County (Ordinance No. 02- 0416 -07)
STEP 1: Prepare a Petition (See Sample Petition Attached). The petition should
clearly state what the petition seeks to do, i.e., establish a NO SHOOTING
area, and a general description of where the proposed NO SHOOTING area
is to be located. The petition is required to have warning language found on
the attached sample petition. The ordinance requires that the petition be
signed by a minimum of 20 registered voters for each voting precinct in the
area in which the NO SHOOTING area is proposed. You should try to have
as many registered voters as possible in each precinct in the proposed NO
SHOOTING area sign your petition.
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;For Example —A petition to establish a NO SHOOTING area for that portion of
Gardiner identified by the following boundaries: Highway 101 to the south,
Discovery Bay and the Jefferson County Line to the north; Diamond Point Road to
'the west and Boat Ramp Road to the east. '
STEP 2: Prepare a Map. You are required to submit with your petition, a map
which shows the area in which you are requesting the establishment of a
NO SHOOTING area. Use easily identifiable landmarks such as roads,
lanes, rivers, power lines, beach, etc. If the proposed NO SHOOTING area
is established, a clear definition of the area assists in the enforcement of the
law.
STEP 3: Forward the petition with the signatures and the map to the Jefferson
County Commissioner's Office with a cover letter which states the purpose
and reasons for the NO SHOOTING area.
The cover letter should be addressed to:
CLERK OF THE BOARD
JEFFERSON COUNTY COMMISSIONERS
P.O. Box 1220
Port Townsend, WA 98368
The cover letter should include the name, address and daytime telephone
number of a contact person for the area. Once the signatures are verified by
the Elections Division of the Jefferson County Auditor's Office that person
will be notified when the public hearing will be held and may be asked to
assist in finding a place in the area to hold the public hearing.
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