Agenda - 09-10-20; Item 1 - Additional Discussion on Potential Regulation of the Discharge of Firearms in Areas of the County with High Residential Unit Density

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would only apply to shooting ranges constructed or developed without appropriate approvals since the County’s firearms discharge ordinance was adopted in 2016. To show where such regulations could be imposed, Planning staff developed multiple County maps showing areas of the County with various residential housing densities. These maps are for illustrative purposes only and show where an ordinance of this type could be applicable. According to Planning staff, Map 1 in Attachment A shows a suburban equivalent density – that being one or more dwelling units per 1/3 acre. It is clear from the map that there are very few areas with this residential density within Orange County’s jurisdiction. Map 2 shows a density of one or more dwelling units per one acre. Map 3 shows an intermediate rural density of one or more dwelling units per 1.25 acres. Map 4 shows a substantially less dense arrangement of one or more dwelling units per 2 acres. According to the Planning staff, Map 5 shows all subdivisions within the County’s jurisdiction that contain 10 lots or more, including such subdivisions within town ETJ areas. Map 6 is an aerial map showing lots and buildings within the Churton Grove subdivision, a subdivision having lots of approximately ½ acre on average. Map 7 is an aerial map showing lots and buildings within the Hunt’s Preserve subdivision, a subdivision having lots of approximately 2.4 acres on average with a range of 1.2 to 5.8 acres. Regulated areas could be established within designated subdivisions with enforcement focused on discharges occurring within the subdivision. As is apparent from the map, focusing only on areas with suburban like density would create small islands of enforcement near municipal boundaries. Durham County previously had a similar ordinance in which the ordinance only applied to discharge of firearms within 600 feet of a residence within one of many designated high density areas. Durham also had a permit process for shooting ranges that existed in the regulated areas prior to the adoption of the ordinance (Attachment C). According to the Durham County Attorney, enforcement proved exceptionally difficult and in December 2018 Durham County amended its ordinance to remove the references to high density areas and now restricts firearms discharge throughout the county if it occurs within 900 feet of the property lines of properties containing houses, schools, and churches (Attachment D). This level of restriction may not be appropriate for Orange County, which is substantially more rural than Durham. The County Attorney consulted the Orange County Sheriff’s Office on this issue and, as in prior discussions of this topic, and as Durham County experienced with a similar ordinance, the Sheriff’s office indicates enforcement of an ordinance similar to Durham’s prior or current ordinance would be difficult due to the nature of the regulated activities, that being generally short in duration and, unless visually observed by a deputy, difficult to precisely locate. Pursuant to North Carolina law any regulation such as that discussed would apply to all discharges of firearms in Orange County’s jurisdiction including discharges on shooting ranges constructed after any amendment adopted by the Board and on existing ranges as noted above. Any ordinance adopted would not apply to the discharge of firearms for lawful hunting activities, discharges occurring in the defense of person or property, or discharges pursuant to the lawful directions of law enforcement officers. FINANCIAL IMPACT: There is no financial impact associated with this discussion. SOCIAL JUSTICE IMPACT: There is no Orange County Social Justice Goal impact associated with this discussion. 2