Minutes 01-21-2016 - Laserfiche WebLink

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9 Michael Harvey said this ordinance eliminates the County's arcane and outdated definitions; it establishes a more definitive methodology for staff to determine what constitutes private and public recreation; it establishes guidelines for the discharge of firearms from both private and public property; it establishes and incorporates regulations that were developed and used by staff to address other recreational activities on private property, specifically motorized go-carts; and it tries to provide a framework for individuals wishing to open and operate a public recreational facility with definitive regulatory standards. Michael Harvey said there are things that this ordinance does not do: it does not ban shooting activities from private properties; it does not seek to regulate hunting; it does not establish noise limits that are enforced through the land use administration process; and it does not seek to regulate the caliber of weapon or bullet type. He said it is hoped that the ordinance will be a reasonable attempt to allow for protected freedom while insuring that one's choice in how to engage in a recreational activity on one's property does not have a negative impact on adjacent property owners. Michael Harvey noted that the Planning Board has recommended approval of the amendment. Commissioner Dorosin asked if the reason that firing guns on private property cannot be eliminated is due to laws outside of the County. Michael Harvey said yes. Commissioner Dorosin asked if Michael Harvey could walk him through a hypothetical situation if one hears gunfire while at home and is concerned. Michael Harvey said there are two mechanisms to register complaints: the Sheriff's office, who will do an independent investigation, and complaints to the Planning Department. He said Planning Department staff will investigate the details of the complaint. He said one is able to discharge a firearm on one's property not more than twice a month without creating a zoning violation. He said if one is seeking to establish a target shooting activity, one must go through the zoning compliance process to establish the backstop and required setbacks, and receive authorization to proceed. Commissioner Dorosin said his questions are for the benefit of the public to highlight the difference between registering a complaint about the discharge of firearms versus the need for the Planning Department to get involved in a land use violation. Michael Harvey said this is an important distinction. He said the proposed amendment seeks to provide a mechanism to insure that the activities are being conducted as safely as possible. Commissioner Dorosin asked if a municipality can regulate the discharge of a weapon within the city limits. John Roberts said cities have specific authority to enforce such regulations within the city limits, but the County does not have that type of authority. He read from GS 153-A129 giving a county's specific abilities to regulate the discharge of firearms. Commissioner Dorosin asked if the BOCC wanted to adopt an ordinance that prevented the discharge of firearms, could it do so. John Roberts said the BOCC can put restrictions on the discharge of firearms and gave several examples. Michael Harvey said this proposed text amendment is not designed to affect or regulate hunting activities. Commissioner Rich said her concern is about enforcement and the safety of staff enforcing the UDO. She clarified that the Sheriff would be called first, and then a follow up from zoning staff to make sure that all is in accordance with the ordinance.