Minutes 01-21-2016 - Laserfiche WebLink

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10 Michael Harvey said the ordinance does not state that the Sheriff will go out first. He said Planning and the Sheriff work closely together, but the ordinance does not mandate that the Sheriff go first. Commissioner Rich said she is concerned for the safety of County employees that are charged with enforcing these codes. John Roberts said it is his recommendation to pull this shooting activities section out of the UDO, and put it in the General Ordinances. He said it can be left as it is or added to. He offered an example from Lenoir County. He said if an investigation occurs while firearms are still being discharged, it may be prudent to have a trained law enforcement officer present. He said if this is the Board's desire, he could bring it back at the second meeting in February. Commissioner Rich said she agrees with John Roberts' recommendation. Chair McKee clarified that there can be incidental shooting on a property no more than twice a month. Michael Harvey said yes. Chair McKee asked if enforceability is realistic, given that people hunt or may just fire guns randomly. Michael Harvey said there must be a willing participant to submit a complaint and supply enough specifics for the Sheriff or the Planning Department to follow up. He said if one is hunting, then there is no land use violation. He said if one is engaging in incidental shooting in excess of the twice monthly maximum, the County would speak with the property owner about the zoning compliance process and establishing the appropriate backstop. Chair McKee expressed concern about the safety of County staff, and agreed that law enforcement should be involved with any type of follow up. John Roberts referred back to Commissioner Dorosin's question about one shooting randomly from one's porch. He said the County can ban such activity, but the County has additional restrictions that it cannot interfere with, such as hunting. Commissioner Dorosin clarified that John Roberts is advising that the BOCC could adopt regulatory general ordinances, and enforcement would be separate. He said he would be interested in developing this and looking at some different alternatives. Michael Harvey said from a land use standpoint there is case law addressing what the County can and cannot do. He said the idea being discussed is the adoption of a police power regulation which is enforced by the Sheriff's office. He said the proposed amendment is a reasonable regulatory standard that could be enforced. He said determining who does the enforcement is the issue at hand. Chair McKee asked if there is a technical procedure to remove part of the amendment and pass the rest of the recommendation. John Roberts said yes, the Board must be clear in what is being removed and can then pass the rest of the ordinance as recommended. Michael Harvey said shooting regulations are contained on page 43 of the text amendment, in section 5.7.1 a2a. He said this is for private recreational activity. He said regulatory requirements on recreational facilities are found page 45, and regulations governing shooting ranges are found on page 46. Michael Harvey said a commercial shooting range is only allowed with the issuance of a SUP, where the applicant has the burden to provide competent material evidence and sworn testimony to prove they meet with the standards of the UDO. Commissioner Dorosin said he would prefer not to carelessly pull items out of the proposed amendment, and is willing to have staff to review and bring it back in February. Michael Harvey said the BOCC could approve the Statement of Consistency as contained in Attachment 8, and then approve the Ordinance amendment revised as