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13 <br />to the extent that it interferes with peace or good order.” I also think we should add the prima <br />facie part, he said: “…a duly-authorized law enforcement officer shall be prima facie evidence <br />that the sound is unreasonably loud and disturbing. Sound emission decibel measurements shall <br />not be required for establishment of a prima facie case.” This covers everything we need to <br />cover, he said, and you don’t need a time limit or a distance limit. Ms. Conti agreed: it is like <br />Deputy Chief Sykes going out to determine what is wanton and reckless, she said. If he has the <br />discretion to determine what is wanton and reckless, which we have decided he does, then he can <br />certainly determine this. It makes perfect sense. Mr. Tilley added: if your neighbors are OK with <br />you shooting then you won’t have a problem. Nobody is going to complain. <br />Ms. Barksdale asked for Chief Deputy Sykes’ opinion about the use of an officer’s discretion to <br />enforce against firearms noise using language such as is in the Buncombe or Chatham <br />ordinances. He said that evidence of sustained shooting will be evidence of a violation. If you <br />have one neighbor calling about somebody they are not getting along with, then we are going to <br />weigh that. If you have every neighbor surrounding that shooter calling then that also is weighed. <br />Mr. Tilley noted that the Chatham County ordinance allows for “The complaints of two or more <br />persons who have heard the noise, at least one of whom resides in a different home from the <br />other complaining person or persons…” as prima facie evidence that the sound is unreasonably <br />loud and disturbing. <br />Mr. Hunnell said that the parameters of the noise problem appear to be repetitive noise, but we <br />also need to consider the type of weapon, the direction that the weapon is discharged, and the <br />distance from the complaining neighbor. It is complex and difficult for a deputy to make a <br />determination without some really tight standards. Mr. Kirkland said that in complex and <br />difficult situations he would be comfortable relying on the professional discretion of a law <br />enforcement officer. It is not practical for us to make rules for noise covering all the different <br />types of weapons, he said. Ultimately it will fall to the law enforcement officer on the scene to <br />make that judgment call. Mr. Hunnell recalled that the observer at the previous meeting, Mr. <br />Larry Roberts, had described a situation where a neighbor complained that Mr. Roberts was <br />shooting in an unsafe manner. A deputy came out, and it was determined that he was not <br />shooting in an unsafe manner. Still, the neighbor perceived that the situation was unsafe. Mr. <br />Tilley recalled that Larry Roberts had then talked with his neighbors and resolved their concerns. <br />Mr. Tilley said that the Chatham County noise ordinance provides some protection against the <br />kind of neighborwho complains about everything, by requiring at least two people for a prima <br />facie case; we can say at least three in Orange County if we want to. Mr. Hunnell said it would <br />be helpful to see excerpts from the ordinances that were referenced in tonight’s meeting. <br />Commissioner Jacobs noted that some are concerned that the Board of County Commissioners <br />would attempt to use the noise ordinance to prohibit the use of firearms. I do not think that will