Minutes 11-09-2017 - Laserfiche WebLink

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9 John Roberts said this item is for Board discussion. Commissioner Rich referred to “unreasonably loud,” and asked if this is considered in the meter measurement on 16-53, or if it is a subjective opinion. John Roberts said unreasonably loud is defined on page 7. Commissioner Marcoplos clarified that if one is more than 300 feet away, then the law is not applicable. John Roberts said yes. Commissioner Marcoplos said a friend, who owns land near him, had another friend who wanted to test a semi-automatic weapon. He said this land is about 300 yards away from his own house, but the shooting sounded as though it were in the back yard. John Roberts said the Sheriff reports that regulating firearm discharge is hard to enforce with the way the ordinance is written. He said firearms discharge is specifically exempt from enforcement under this ordinance. Commissioner Burroughs asked if it is exempt from the ordinance due to the 2nd amendment. John Roberts said it was just how the ordinance was written. He said this can be found on page 10, number 17. He said even if the exemption did not exist, the Sheriff reports it would still be difficult to enforce. He said the Sheriff is willing to speak to this matter. John Roberts said it is lawful to regulate firearms discharge though a noise ordinance, but there are restrictions in state law as to how it could be enforced or applied to properties. Commissioner Burroughs asked if the difficulty in enforcement is because of the state law. John Roberts said yes. He said if the exemption were to be removed, the state law says that noise ordinances or nuisance ordinances cannot be applied to sports shooting ranges, if those sport-shooting ranges are in compliance with that ordinance at the time they began operations. He said the definition of a sport shooting range is very vague. Commissioner Jacobs said the Firearms Safety Committee grappled with how to use the ordinance to address noises (gunfire), without impinging on rights to hunt, and he said there were concerns about rapid fire shooting versus target shooting, and time of day shooting. He said this was left unresolved, with the idea that it would come back through the noise ordinance. He said whatever is decided, there should be further discussion, especially as to whether neighbors have a legitimate issue with some impingement on their sense of safety and peace of mind. Commissioner McKee said he is not sure how the interplay would be seen by state law if a small group of people got together to target shoot in a backyard setting. He asked if this would be defined as a sport-shooting range. John Roberts read the definition of sport shooting in the state law, which has not been challenged in court. He said this does not mean one can go into one’s back yard and shoot against a tree. John Roberts said the Board could alleviate some concerns with firearm shooting time limitations. Commissioner Rich said when noise happens the Sheriff’s office checks it out, and by the time they arrive everything has stopped. She asked if it is possible to enforce ordinances. Chair Dorosin that is a common problem with all noise complaints. Commissioner Burroughs said time restrictions aligned with state hunting laws may be worth exploring.