Minutes 09-10-2019 Work Session - Laserfiche WebLink

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5 Commissioner Dorosin asked if an ordinance can be written that just applies to the ETJs. John Roberts said he would research this. Commissioner Marcoplos said seeing the density in the ETJs would be helpful. John Roberts said if the Board decides to pursue this ordinance, then it will have better data prior to making any decision. He said this information is just an idea to show what is possible. Commissioner McKee said he would also like to know if regulating in the ETJs would require mutual agreement with any of the towns. John Roberts said that is not necessary, and in the ETJs, the towns’ land use ordinances are controlling, but the County’s police power ordinances are in effect. Commissioner Greene said she would guess that there are many properties in the ETJs that are on more than an acre of land, due to many not being connected to Orange Water and Sewer Authority (OWASA). She said she would like a lot more information, and you’re not going to find many houses in this area that are ½ acre without water and sewer. Commissioner Dorosin asked if enforcement would be possible on this type of ordinance. John Roberts said the deputies go out and talk to people to find out what is going on. He said before any citation is written, the deputies will explain the ordinance to the resident, as well as how to comply. Commissioner Dorosin said this type of regulation, based on density, would have some kind of prohibition within a zone, as opposed to it being too noisy, too late, etc. He said if one is within the designated area, one cannot shoot; but if one is outside the designated area, one would be not be affected by this ordinance, but rather by a noise ordinance, etc. John Roberts said the ordinance would not apply outside of the established boundaries. He said if the Board adopts something with this theme, and how to regulate this, the General Assembly has defined a range as an area that is operated or maintained for target shooting. He said if the Board chooses to proceed, he will recommend that the Board adopt a simple permit process, where one can get a permit for a year to shoot, and will agree to only shoot between stated hours on designated days. He said for existing ranges that may be impacted, he would recommend some type of permitting process so that people are not deprived of something that they have been lawfully doing. Commissioner Price said it seems that Durham is focused on distance and safety, and not noise. She asked if Orange County is more focused on safety or noise. John Roberts said this would be written as a safety ordinance, and if the noise ordinance is amended, it would apply countywide, and would be even more difficult to enforce. He said shooting is going to occur, and hunting would not be impacted at all by this type of ordinance. He said the 450-feet limit would not apply to lawful hunting, self-defense, or lawful instructions of a law enforcement officer. He said state law prohibits the County from regulating these three things. Commissioner Price said she would also like a more detailed map, if this discussion in going to continue. John Roberts said the former Sheriff called him several years ago about an individual, who had laid out bait below a tree and was shooting straight down from the tree above, on a 1/3- acre lot. He said this was, and is still not, a violation of any law. Commissioner Price asked if shooting ranges, commercial and semi-commercial, would be regulated. John Roberts said yes they would be, but he does not believe there are any commercial ranges (outdoor) within any of the areas. He said if the Board elected to regulate by subdivision, there would not be any within the area, but there may be a private sport range within 450-feet outside the area/subdivision. Commissioner Price asked if the County can regulate the types of firearms that are used. John Roberts said he does not believe so, but he would research this.