Agenda - 11-20-2017 - 8-a - Minutes

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9 John Roberts said the Sheriff reports that regulating firearm discharge is hard to 1 enforce with the way the ordinance is written. He said firearms discharge is specifically 2 exempt from enforcement under this ordinance. 3 Commissioner Burroughs asked if it is exempt from the ordinance due to the 2nd 4 amendment. 5 John Roberts said it was just how the ordinance was written. He said this can be 6 found on page 10, number 17. He said even if the exemption did not exist, the Sheriff 7 reports it would still be difficult to enforce. He said the Sheriff is willing to speak to this 8 matter. 9 John Roberts said it is lawful to regulate firearms discharge though a noise 10 ordinance, but there are restrictions in state law as to how it could be enforced or applied 11 to properties. 12 Commissioner Burroughs asked if the difficulty in enforcement is because of the 13 state law. 14 John Roberts said yes. He said if the exemption were to be removed, the state 15 law says that noise ordinances or nuisance ordinances cannot be applied to sports 16 shooting ranges, if those sport-shooting ranges are in compliance with that ordinance at 17 the time they began operations. He said the definition of a sport shooting range is very 18 vague. 19 Commissioner Jacobs said the Firearms Safety Committee grappled with how to 20 use the ordinance to address noises (gunfire), without impinging on rights to hunt, and he 21 said there were concerns about rapid fire shooting versus target shooting, and time of 22 day shooting. He said this was left unresolved, with the idea that it would come back 23 through the noise ordinance. He said whatever is decided, there should be further 24 discussion, especially as to whether neighbors have a legitimate issue with some 25 impingement on their sense of safety and peace of mind. 26 Commissioner McKee said he is not sure how the interplay would be seen by 27 state law if a small group of people got together to target shoot in a backyard setting. He 28 asked if this would be defined as a sport-shooting range. 29 John Roberts read the definition of sport shooting in the state law, which has not 30 been challenged in court. He said this does not mean one can go into one’s back yard 31 and shoot against a tree. 32 John Roberts said the Board could alleviate some concerns with firearm shooting 33 time limitations. 34 Commissioner Rich said when noise happens the Sheriff’s office checks it out, 35 and by the time they arrive everything has stopped. She asked if it is possible to enforce 36 ordinances. 37 Chair Dorosin that is a common problem with all noise complaints. 38 Commissioner Burroughs said time restrictions aligned with state hunting laws 39 may be worth exploring. 40 Commissioner Marcoplos said what is the neighborly thing to do, and he usually 41 tells his neighbors if he is having a party; and that is what people should do even with 42 shooting. He asked if there is any way to require people to talk to their neighbors. 43 John Roberts said communication cannot be required, but an educational 44 campaign that encourages such communication could be done. 45 Chair Dorosin said a good neighbor campaign could be tried, and perhaps the 46 National Rifle Association (NRA) could help. 47 Commissioner McKee agreed, and it worked with the deer hunting issue, which is 48 greatly improved. 49 Chair Dorosin said there is value to educating residents on the limitations of the 50 State law and the County ordinances. 51 Commissioner Marcoplos said he is totally against involving the NRA, and the 52 County should create its own campaign. 53