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2 <br /> Ordinances of this type are generally prospective only. In response to a question from <br /> Commissioner Jamezetta Bedford about retroactive applicability at the September 2019 work <br /> session, the County Attorney indicated that an ordinance adopted to promote gun safety in <br /> urbanized areas could retroactively apply to shooting ranges. This response was overly broad <br /> and did not specify the strict limitations of retroactive enforcement. Retroactive enforcement <br /> would only apply to shooting ranges constructed or developed without appropriate approvals <br /> since the County's firearms discharge ordinance was adopted in 2016. <br /> To show where such regulations could be imposed, Planning staff developed multiple County <br /> maps showing areas of the County with various residential housing densities. These maps are <br /> for illustrative purposes only and show where an ordinance of this type could be applicable. <br /> According to Planning staff, Map 1 in Attachment A shows a suburban equivalent density—that <br /> being one or more dwelling units per 1/3 acre. It is clear from the map that there are very few <br /> areas with this residential density within Orange County's jurisdiction. Map 2 shows a density of <br /> one or more dwelling units per one acre. Map 3 shows an intermediate rural density of one or <br /> more dwelling units per 1.25 acres. Map 4 shows a substantially less dense arrangement of one <br /> or more dwelling units per 2 acres. According to the Planning staff, Map 5 shows all <br /> subdivisions within the County's jurisdiction that contain 10 lots or more, including such <br /> subdivisions within town ETJ areas. Map 6 is an aerial map showing lots and buildings within <br /> the Churton Grove subdivision, a subdivision having lots of approximately '/2 acre on average. <br /> Map 7 is an aerial map showing lots and buildings within the Hunt's Preserve subdivision, a <br /> subdivision having lots of approximately 2.4 acres on average with a range of 1.2 to 5.8 acres. <br /> Regulated areas could be established within designated subdivisions with enforcement focused <br /> on discharges occurring within the subdivision. As is apparent from the map, focusing only on <br /> areas with suburban like density would create small islands of enforcement near municipal <br /> boundaries. <br /> Durham County previously had a similar ordinance in which the ordinance only applied to <br /> discharge of firearms within 600 feet of a residence within one of many designated high density <br /> areas. Durham also had a permit process for shooting ranges that existed in the regulated areas <br /> prior to the adoption of the ordinance (Attachment C). According to the Durham County <br /> Attorney, enforcement proved exceptionally difficult and in December 2018 Durham County <br /> amended its ordinance to remove the references to high density areas and now restricts <br /> firearms discharge throughout the county if it occurs within 900 feet of the property lines of <br /> properties containing houses, schools, and churches (Attachment D). This level of restriction <br /> may not be appropriate for Orange County, which is substantially more rural than Durham. <br /> The County Attorney consulted the Orange County Sheriff's Office on this issue and, as in prior <br /> discussions of this topic, and as Durham County experienced with a similar ordinance, the <br /> Sheriff's office indicates enforcement of an ordinance similar to Durham's prior or current <br /> ordinance would be difficult due to the nature of the regulated activities, that being generally <br /> short in duration and, unless visually observed by a deputy, difficult to precisely locate. Pursuant <br /> to North Carolina law any regulation such as that discussed would apply to all discharges of <br /> firearms in Orange County's jurisdiction including discharges on shooting ranges constructed <br /> after any amendment adopted by the Board and on existing ranges as noted above. Any <br /> ordinance adopted would not apply to the discharge of firearms for lawful hunting activities, <br /> discharges occurring in the defense of person or property, or discharges pursuant to the lawful <br /> directions of law enforcement officers. <br />