Minutes 09-10-2019 Work Session - Laserfiche WebLink

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6 Commissioner Greene asked if there is any legal impediment to regulating subdivisions where houses are on a 10-acre property each. John Roberts said regulating 10-acre lots would not be consistent with suburban type density. He said for this ordinance to be lawful, there must be designated criteria to which the County can refer as the reasoning behind the adoption of the ordinance. He said there would not be a legal impediment, if this were the criterion that is adopted. Commissioner Greene said there are homes that look like a subdivision, but the lots are very large. John Roberts said if the Board pursues the designated subdivision option, he would recommend that there be a density requirement. Commissioner Dorosin asked if there are reasons why these types of ordinances are so hard to enforce. Sheriff Blackwood said this whole topic needs to be carved into 4 sections: noise, safety, hunting, and other regulated matters. He said the problem with noise is that it occurs, and then it is over instantaneously. He said prolonged noise gives the Sheriff an idea of where he is going. He said it is difficult to enforce, as deputies find themselves walking onto a property, with no lawful authority, to ask a resident if he/she is conducting a lawful practice. He said if one is conducting a lawful practice, the deputy is now on someone’s land that is breaking no laws, and has a weapon in their hands. He said if a situation escalates, there is a risk for great peril. He said these types of exchanges are often very cordial, but it is risky to wander someone’s property looking for the source of noise. He said enforcing noise ordinances, with respect to a firearm, is problematic for Sheriff Departments across the entire state. Sheriff Blackwood said his department has taken measures to address safety, and he feels this has been well handled in Orange County. He said there are no outdoor commercial gun ranges in Orange County, and those ranges that do exist in the County have proven to be very safe. He said, of course, that does not mean injury cannot occur. He said he talked with the former Durham County Sheriff about this ordinance, and its efforts were to reduce the noise created by ranges. He said problems arose when shooters lived within appropriate distance to shoot lawfully, but neighbors across the street did not. Sheriff Blackwood said he will not speak to this ordinance until it is written into law. He said he will offer advice, but that is the limit to what he can offer. He said John Roberts has worked tirelessly to make shooting safe in Orange County, but that does not affect the noise. Sheriff Blackwood said it is also important to point out that ordinance is not about gun violence, and will not remove guns from people. John Roberts said what he has proposed tonight is only an example, and this would need more work from GIS and Planning and the Sheriff’s office. He said it is a waste of time for the Board to adopt something that cannot be enforced. He said staff will need direction from the Board. Commissioner Dorosin referred to the sport shooting range, and asked if there is a clear definition of what this is; is it a formal location or is it people shooting in their back yards. John Roberts said there is no court interpretation of sport shooting range that he has found, and it is defined as an area designed and operated for the use of rifles, shotguns, pistols, silhouette skeet trap black power, or similar sport shooting. He said that does not include someone putting a target on a tree and shooting at it. He said this would likely include some type of safety barrier, shooting lanes, etc., but the definition is fairly broad. Commissioner McKee said he and former Commissioner Jacobs sat on a Firearms Safety Committee a few years back, which included people from both extremes of the gun debate. He said this group worked for several months, and was able to make changes to safety. He said no changes could be made to address noise. He said noise could not even be defined. He said he shoots occasionally on his own property, and he is very concerned about shooting occurring in densely populated areas, but he sees this example tonight as totally unenforceable. He said he