Agenda - 02-16-2016 - 6-a - Minutes

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9 1 establish noise limits that are enforced through the land use administration process; and it does 2 not seek to regulate the caliber of weapon or bullet type. He said it is hoped that the ordinance 3 will be a reasonable attempt to allow for protected freedom while insuring that one's choice in 4 how to engage in a recreational activity on one's property does not have a negative impact on 5 adjacent property owners. 6 Michael Harvey noted that the Planning Board has recommended approval of the 7 amendment. 8 Commissioner Dorosin asked if the reason that firing guns on private property cannot be 9 eliminated is due to laws outside of the County. 10 Michael Harvey said yes. 11 Commissioner Dorosin asked if Michael Harvey could walk him through a hypothetical 12 situation if one hears gunfire while at home and is concerned. 13 Michael Harvey said there are two mechanisms to register complaints: the Sheriff's 14 office, who will do an independent investigation, and complaints to the Planning Department. 15 He said Planning Department staff will investigate the details of the complaint. He said one is 16 able to discharge a firearm on one's property not more than twice a month without creating a 17 zoning violation. He said if one is seeking to establish a target shooting activity, one must go 18 through the zoning compliance process to establish the backstop and required setbacks, and 19 receive authorization to proceed. 20 Commissioner Dorosin said his questions are for the benefit of the public to highlight the 21 difference between registering a complaint about the discharge of firearms versus the need for 22 the Planning Department to get involved in a land use violation. 23 Michael Harvey said this is an important distinction. He said the proposed amendment 24 seeks to provide a mechanism to insure that the activities are being conducted as safely as 25 possible. 26 Commissioner Dorosin asked if a municipality can regulate the discharge of a weapon 27 within the city limits. 28 John Roberts said cities have specific authority to enforce such regulations within the 29 city limits, but the County does not have that type of authority. He read from GS 153-A129 30 giving a county's specific abilities to regulate the discharge of firearms. 31 Commissioner Dorosin asked if the BOCC wanted to adopt an ordinance that prevented 32 the discharge of firearms, could it do so. 33 John Roberts said the BOCC can put restrictions on the discharge of firearms and gave 34 several examples. 35 Michael Harvey said this proposed text amendment is not designed to affect or regulate 36 hunting activities. 37 Commissioner Rich said her concern is about enforcement and the safety of staff 38 enforcing the UDO. She clarified that the Sheriff would be called first, and then a follow up from 39 zoning staff to make sure that all is in accordance with the ordinance. 40 Michael Harvey said the ordinance does not state that the Sheriff will go out first. He 41 said Planning and the Sheriff work closely together, but the ordinance does not mandate that 42 the Sheriff go first. 43 Commissioner Rich said she is concerned for the safety of County employees that are 44 charged with enforcing these codes. 45 John Roberts said it is his recommendation to pull this shooting activities section out of 46 the UDO, and put it in the General Ordinances. He said it can be left as it is or added to. He 47 offered an example from Lenoir County. He said if an investigation occurs while firearms are 48 still being discharged, it may be prudent to have a trained law enforcement officer present. He 49 said if this is the Board's desire, he could bring it back at the second meeting in February. 50 Commissioner Rich said she agrees with John Roberts' recommendation.