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5 sport shooting range is, but that he believes the act covers both private ranges in a person’s backyard as well as commercial ranges open to the public. In reply to a question from Commissioner McKee, Mr. Roberts said that Orange County did not have other regulations that allow a complaint by two persons to establish a prima facie case. Mr. Kirkland agreed with Mr. Tesoro that (h) was subjective. He suggested that instead of a complaint by a law enforcement officer “or” two or more persons, to establish prima facie evidence that a firearm use is loud or disturbing, that the complaint should be by a law enforcement officer “and” two or more persons. The officer should always be included, and there would need to be three people making that complaint. Without the officer’s complaint, there is a greater likelihood of firearms noise complaints by neighbors who simply are not getting along with each other. It sets a higher standard before a complaint can go forward. Dr. Arvik said that he liked Mr. Kirkland’s suggestion.He then asked why the Committee was going back over the noise provision after having discussed it at length on August 23. A majority of us agreed on this approach, he said. Mr. Tesoro said that after seeing it written in legal terminology he finds it to be too subjective; how can I shoot a gun and its noise be “unnecessary,” he asked? Mr. Tilley suggested that the only person needed for a prima facie case is the law enforcement officer; then you would not have to worry about neighbors against neighbors. Ms. Conti said she would support that. Mr. Hunnell said that the County’s fireworks ordinance is analogous to the Committee’s discussion. There too, the issues are safety and noise. The Board of County Commissioners use distance to address safety with regard to fireworks, and a requirement that neighbors be notified in advance. You are still allowed to discharge fireworks if you follow the requirements. It should be the same thing for discharging firearms, because while loud noise that might disturb othersis apossible consequence of the activity, the activity is a legitimate one in a rural community. My concern is with places and worship and schools; I think the firearms ordinance ought to be restricted to that. People living in a rural community who are disturbed by firearms noise on a Saturday morning should not be allowed to stop me from shooting on my property as long as I’m doing it in a safe manner. Dr. Arvik said that the noise one makes on the Fourth of July with fireworks is different from the noise one makes with fireworks at other times. We can make time and place distinctions in order to make the subjective determination as to what is unreasonably loud and disturbing. Fireworks on the Fourth of July is only for a short period of time, and so weagree to accept the noise then. But if a guy’s alwaysshooting in his backyard, then even in a rural community it is not unreasonable that his noise may be loud and disturbing to his neighbors.