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10 <br /> <br />disturbing, and then write the shooter a ticket. That’s counter to what we do. Our attempt is to <br />diffuse the situation between the complainant and the shooter, so that after we leave everybody is <br />getting along. <br />Mr. Hunnell acknowledged that, in all his experiences, the Sheriff’s Office has been fair <br />and reasonable. But the community won’t accept this, he said. We are going to have 2,000 <br />peopleobjecting at the next meeting. Ms. Conti said that shetrusts law enforcement’s discretion. <br />The proposed language gives law enforcement the discretion to use their professional judgment <br />in assessing what is reasonable and what is not. If someone is shooting at skeet then no <br />reasonable law enforcement officerwould consider that a violation of any kind of noise <br />ordinance. I wouldn’t, she said. Mr. Hunnell said that the criteria for enforcement aretoo vague. <br />No, said Ms. Conti, the criterionis the discretion of law enforcement, which is a valid legal <br />standardin this context. <br />Mr. Roberts said that the Board of County Commissioners intends to reexamine the <br />County noise ordinance. If this Committee wants to advise the Commissioners that firearms be <br />addressed in that ordinance then the opportunity for the Commissioners to take that into <br />consideration will be presenting itself, probably before the end of the year. <br />Mr. Tesoro suggested that noise will not be a quick issue to resolve, and that the group <br />set itaside for another time, perhaps to discuss it along with distanceat a future meeting.All <br />agreed. <br />Large FineMr. Roberts explained to the Committee that according to State statute all <br />county ordinances are class 3 misdemeanors, counties are restricted from imposing fines greater <br />than $500, and the penalty for a violation may include up to 30 days in jail in addition to or <br />instead of a fine. Mr. Webster suggested that the ordinance language not say “up to” $500 but <br />instead set the maximum fine as the penalty. In reply to a question from Dr.Arvik, Mr. Webster <br />explained that a shooter who causes damage to personal property, injury, or death may incur <br />criminal penalties in addition to a Countyfine and/or jail sentence. Commissioner McKee said <br />he would not expect the Board of County Commissioners to adopt a 30-day jail penalty in a <br />firearms safety ordinance.Mr. Webster and Dr. Arvik agreed that a fine would be sufficient. <br />Parallel Hunting LawThe Committee considered whether there are elements from the <br />State’s hunting law that might be relevant to a County firearms safety or noise ordinance. In <br />reply to a question from Ms. Conti, Officer Orr explained that the hunting law forbids hunting at <br />any time on a Sunday with a firearm within 500 yards of a place of worship or any accessory <br />structure thereof, or within 500 yards of a residence not owned by the landowner. He said it is his <br />opinion that this restriction is in place to limit noise, because if it were for safety then he would <br />expect it would be applied 7 days a week. Ms. Conti said that ifthis restriction works to limit <br />noise from hunting on Sundays then maybe it also would work to limit noise on Sundays from <br />shooting more generally.Mr. Tesoro asked that the matter be deferred and reconsidered when the <br />Committee returns to noise in a future meeting. Ms. Barksdale agreed. <br />In reply to questions from the Committee, Officer Orr said that he did not think there <br />were other elements of the State hunting law that would help the Committee address firearms <br />safety. Some counties require hunters to be elevated at least 8 feet above the ground when <br />discharging certain calibers, but that has limited applicability to what the Committee is working <br />on, he said.