Minutes 12-05-2016 - Laserfiche WebLink

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19 Commissioner Burroughs said she is pleased with what she has heard about this committee and the facilitator. She said the committee created a solution, and she wants to honor this work by voting for the ordinance. She said she is disappointed that progress was not made on the noise issue, and suggested that staff come back to the Board with options about how to address it. Commissioner Marcoplos said the issue of noise is real, and there is a possible solution within the ordinance. He said the distant sound of a gun is different than bullets landing in one's yard. He said he does understand the difference between urban and rural areas. He read the proposed ordinance, which states: this subsection shall not apply when the person discharging the firearm has written permission for such activity from the person on whose property the projectile comes to rest. He said the same could be said of the property on which the noise comes to rest. He said written permission could be obtained from neighbors, and if that is not possible, then the neighborhood may be too dense for the noise. Commissioner Jacobs said noise should be addressed in the noise ordinance. He said there is a proposed entry into the noise ordinance, as well as Commissioner Marcoplos' suggestion, and examples from other counties. He said he would be inclined to adopt the ordinance, thank the committee, and refer the noise question to staff, asking for a common sense recommendation. He said rapid gunfire, for extended periods of time and in close proximity to neighbors, is the noise issue at hand. Commissioner Rich said she wanted to thank the committee for a good ordinance, but the noise issue must be discussed. She wanted to hear from the Sheriff's office as to what this ordinance means to them. Jamie Sykes, Chief Deputy, said in past cases, where there was no property damage or personal injury, sheriffs could not do anything. He said this ordinance does give the Sheriff's Office some teeth, and gives them the ability to handle some situations that they could not previously. Commissioner McKee asked if the ordinance would also apply to a person sitting on their porch firing into a 6-inch sapling, as it does not meet the requirements of an appropriate backstop. Jamie Sykes said it depends on the type of firearm, what is beyond the target, and the proximity of other residents; but this would not be a sufficient backstop. Commissioner Rich said the Board got an email from Chapel Hill-Carrboro City Schools (CHCCS) Chair James Barrett about a shooting incident near the school. John Roberts said there are federal laws prohibiting the discharge a gun within 1,000 feet of a school, but the law does not apply to private property. He said Orange County has legislative authority, and prohibited hunting within 150 yards of a school. Commissioner Rich asked if the Board can change this policy about firing a gun on private property within 1,000 feet of a school. John Roberts said the Board of County Commissioners has the authority to establish regulation of gun discharges within a distance of an occupied structure. Commissioner Rich petitioned that this topic be reviewed at the same time that the Board looks at the noise issue. She said she does not want to stop the committee's work. Commissioner Price thanked the committee, and said that most residents in Orange County are responsible with firearms. She said the Board should go forward with the proposed ordinance. She said the Board should re-visit the noise ordinance. Chair Dorosin said there seems to be a consensus about moving forward with this ordinance. Commissioner Marcoplos said he spoke to James Barrett about this issue, and the concern was regarding noise. Commissioner Jacobs said Deputy Sykes was at all of the committee meetings.