Agenda - 01-24-2017 - 6-a - Minutes

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19 1 Commissioner Jacobs said noise should be addressed in the noise ordinance. He said 2 there is a proposed entry into the noise ordinance, as well as Commissioner Marcoplos' 3 suggestion, and examples from other counties. He said he would be inclined to adopt the 4 ordinance, thank the committee, and refer the noise question to staff, asking for a common 5 sense recommendation. He said rapid gunfire, for extended periods of time and in close 6 proximity to neighbors, is the noise issue at hand. 7 Commissioner Rich said she wanted to thank the committee for a good ordinance, but 8 the noise issue must be discussed. She wanted to hear from the Sheriff's office as to what this 9 ordinance means to them. 10 Jamie Sykes, Chief Deputy, said in past cases, where there was no property damage or 11 personal injury, sheriffs could not do anything. He said this ordinance does give the Sheriff's 12 Office some teeth, and gives them the ability to handle some situations that they could not 13 previously. 14 Commissioner McKee asked if the ordinance would also apply to a person sitting on 15 their porch firing into a 6-inch sapling, as it does not meet the requirements of an appropriate 16 backstop. 17 Jamie Sykes said it depends on the type of firearm, what is beyond the target, and the 18 proximity of other residents; but this would not be a sufficient backstop. 19 Commissioner Rich said the Board got an email from Chapel Hill-Carrboro City Schools 20 (CHCCS) Chair James Barrett about a shooting incident near the school. 21 John Roberts said there are federal laws prohibiting the discharge a gun within 1,000 22 feet of a school, but the law does not apply to private property. He said Orange County has 23 legislative authority, and prohibited hunting within 150 yards of a school. 24 Commissioner Rich asked if the Board can change this policy about firing a gun on 25 private property within 1,000 feet of a school. 26 John Roberts said the Board of County Commissioners has the authority to establish 27 regulation of gun discharges within a distance of an occupied structure. 28 Commissioner Rich petitioned that this topic be reviewed at the same time that the 29 Board looks at the noise issue. She said she does not want to stop the committee's work. 30 Commissioner Price thanked the committee, and said that most residents in Orange 31 County are responsible with firearms. She said the Board should go forward with the proposed 32 ordinance. She said the Board should re-visit the noise ordinance. 33 Chair Dorosin said there seems to be a consensus about moving forward with this 34 ordinance. 35 Commissioner Marcoplos said he spoke to James Barrett about this issue, and the 36 concern was regarding noise. 37 Commissioner Jacobs said Deputy Sykes was at all of the committee meetings. 38 Commissioner Jacobs said the Board had to get legislative authority to enact the 39 limitation on hunting with 150 yards of a school, and asked if it would also be necessary to 40 obtain legislative authority to limit target shooting within 150 yards of a school. 41 John Roberts said the General Assembly (GA) has exclusive authority over fishing and 42 hunting, but the GA has not withheld all authority on firearms regulations, so it is not a total 43 preemption. He said there is preemption on nuisance regulations, such as noise. He said the 44 County has the authority to regulate to some degree. 45 Commissioner Jacobs supported Commissioner Rich's comments about the school's 46 concerns. 47 48 A motion was made by Commissioner McKee, seconded by Commissioner Jacobs to 49 adopt the recommendations from the committee, and asked staff to bring back