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

Browse Search

10 1 Chair McKee clarified that there can be incidental shooting on a property no more than 2 twice a month. 3 Michael Harvey said yes. 4 Chair McKee asked if enforceability is realistic, given that people hunt or may just fire 5 guns randomly. 6 Michael Harvey said there must be a willing participant to submit a complaint and supply 7 enough specifics for the Sheriff or the Planning Department to follow up. He said if one is 8 hunting, then there is no land use violation. He said if one is engaging in incidental shooting in 9 excess of the twice monthly maximum, the County would speak with the property owner about 10 the zoning compliance process and establishing the appropriate backstop. 11 Chair McKee expressed concern about the safety of County staff, and agreed that law 12 enforcement should be involved with any type of follow up. 13 John Roberts referred back to Commissioner Dorosin's question about one shooting 14 randomly from one's porch. He said the County can ban such activity, but the County has 15 additional restrictions that it cannot interfere with, such as hunting. 16 Commissioner Dorosin clarified that John Roberts is advising that the BOCC could 17 adopt regulatory general ordinances, and enforcement would be separate. He said he would 18 be interested in developing this and looking at some different alternatives. 19 Michael Harvey said from a land use standpoint there is case law addressing what the 20 County can and cannot do. He said the idea being discussed is the adoption of a police power 21 regulation which is enforced by the Sheriff's office. He said the proposed amendment is a 22 reasonable regulatory standard that could be enforced. He said determining who does the 23 enforcement is the issue at hand. 24 Chair McKee asked if there is a technical procedure to remove part of the amendment 25 and pass the rest of the recommendation. 26 John Roberts said yes, the Board must be clear in what is being removed and can then 27 pass the rest of the ordinance as recommended. 28 Michael Harvey said shooting regulations are contained on page 43 of the text 29 amendment, in section 5.7.1 a2a. He said this is for private recreational activity. He said 30 regulatory requirements on recreational facilities are found page 45, and regulations governing 31 shooting ranges are found on page 46. 32 Michael Harvey said a commercial shooting range is only allowed with the issuance of a 33 SUP, where the applicant has the burden to provide competent material evidence and sworn 34 testimony to prove they meet with the standards of the UDO. 35 Commissioner Dorosin said he would prefer not to carelessly pull items out of the 36 proposed amendment, and is willing to have staff to review and bring it back in February. 37 Michael Harvey said the BOCC could approve the Statement of Consistency as 38 contained in Attachment 8, and then approve the Ordinance amendment revised as Attachment 39 9 by eliminating the provisions dealing with private recreational shooting facility regulations or 40 eliminating both private and the recreational provisions. 41 Commissioner Dorosin asked if eliminating a portion will remove the ability to regulate 42 one who wants to set up a shooting range. 43 Michael Harvey said he recommends keeping the commercial portion intact and to 44 eliminate the private recreational portion, having the County Attorney bring that back in a future 45 amendment packet to go into the general code of ordinances. 46 John Roberts said he would recommend removing section 5.7.1 a2a found on page 43. 47 Michael Harvey said he has no problem removing this. 48 Chair McKee asked if the Board chooses to do this is, it then able to discuss putting it 49 into general ordinances and also to incorporate the language from Lenoir County. 50 John Roberts said he can work on this for the February meeting.