Agenda 10-01-19 Item 8-a - Minutes

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5 1 John Roberts said absolutely. He said the ETJs have density in some areas, and the 2 green lines may go away completely, and the ordinance could be based on subdivisions. He 3 said this is all up to the Board. 4 Commissioner Marcoplos said the Board should discuss if the ETJs should be a no-shot 5 zone by themselves, since these are areas where development is expected. 6 Commissioner Dorosin asked if an ordinance can be written that just applies to the ETJs. 7 John Roberts said he would research this. 8 Commissioner Marcoplos said seeing the density in the ETJs would be helpful. 9 John Roberts said if the Board decides to pursue this ordinance, then it will have better 10 data prior to making any decision. He said this information is just an idea to show what is 11 possible. 12 Commissioner McKee said he would also like to know if regulating in the ETJs would 13 require mutual agreement with any of the towns. 14 John Roberts said that is not necessary, and in the ETJs, the towns' land use ordinances 15 are controlling, but the County's police power ordinances are in effect. 16 Commissioner Greene said she would guess that there are many properties in the ETJs 17 that are on more than an acre of land, due to many not being connected to Orange Water and 18 Sewer Authority (OWASA). She said she would like a lot more information, and you're not going 19 to find many houses in this area that are '/2 acre without water and sewer. 20 Commissioner Dorosin asked if enforcement would be possible on this type of ordinance. 21 John Roberts said the deputies go out and talk to people to find out what is going on. He 22 said before any citation is written, the deputies will explain the ordinance to the resident, as well 23 as how to comply. 24 Commissioner Dorosin said this type of regulation, based on density, would have some 25 kind of prohibition within a zone, as opposed to it being too noisy, too late, etc. He said if one is 26 within the designated area, one cannot shoot; but if one is outside the designated area, one 27 would be not be affected by this ordinance, but rather by a noise ordinance, etc. 28 John Roberts said the ordinance would not apply outside of the established boundaries. 29 He said if the Board adopts something with this theme, and how to regulate this, the General 30 Assembly has defined a range as an area that is operated or maintained for target shooting. He 31 said if the Board chooses to proceed, he will recommend that the Board adopt a simple permit 32 process, where one can get a permit for a year to shoot, and will agree to only shoot between 33 stated hours on designated days. He said for existing ranges that may be impacted, he would 34 recommend some type of permitting process so that people are not deprived of something that 35 they have been lawfully doing. 36 Commissioner Price said it seems that Durham is focused on distance and safety, and 37 not noise. She asked if Orange County is more focused on safety or noise. 38 John Roberts said this would be written as a safety ordinance, and if the noise ordinance 39 is amended, it would apply countywide, and would be even more difficult to enforce. He said 40 shooting is going to occur, and hunting would not be impacted at all by this type of ordinance. 41 He said the 450-feet limit would not apply to lawful hunting, self-defense, or lawful instructions of 42 a law enforcement officer. He said state law prohibits the County from regulating these three 43 things. 44 Commissioner Price said she would also like a more detailed map, if this discussion in 45 going to continue. 46 John Roberts said the former Sheriff called him several years ago about an individual, 47 who had laid out bait below a tree and was shooting straight down from the tree above, on a 1/3- 48 acre lot. He said this was, and is still not, a violation of any law. 49 Commissioner Price asked if shooting ranges, commercial and semi-commercial, would 50 be regulated.