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HomeMy WebLinkAboutAgenda - 01-19-1999 - 2b~~ ~„ ~(~ C~ ~ DEC 0 S 1998 ~ ; I , (``' ~ E Oran e Coun Commissioners ~~ ~~~- ~~~ tl~f~-____..~~f~' ' Nov.26 1998 g ty ~~, .~v-______~_~ PO. Box 8181 Hillsborough, NC 27278 DISTRIBUTED s-plc To Whom It May Concern, /- ~ ~ ~~~ /- ~• We are writing to you today as a result of a problem our family is facing here in Orange County. We believe it must be one which many families and individuals face here, especially during hunting season. It has to do with the discharge of firearms in close proximity to our home. It is important to briefly relate our experience with this matter to serve as an example of what can occur. We live a few miles outside the city limits of Hillsborough in what is considered a development though the lots are on the larger side and it has a country feel which we enjoy. We moved here because of the peace and feeling of security which should come from living in a less densely populated area. During the two years we have lived here, our next door neighbors on one side have taken to the habit of frequently firing guns in a make-shift shooting range. This specific area lies on their property between their home and ours at a distance of about 100- 150 feet from our house. The area is clearly visible from our home as well as the playground in our front yard where our five-year-old and one-year-old sons play daily. At first these neighbors fired only .22 caliber rifles. This disturbed us and made us uneasy but we tried to tolerate it in the interest of good relations with them. More recently they have begun firing larger caliber hand-guns as well. The effect of this is extremely disruptive; the volume and nature of the noise makes it impossible to ignore, inside the house or in the yard. Our five-year-old gets very upset. and refuses to go out of the house. Our one- year-old cries at the noise and can not be put down for a nap. Of course our greatest fear is that an accident may occur involving our children. In short, this issue has greatly reduced our feeling of security and ability to enjoy our home and property. When we contacted these neighbors .about this problem they informed us that there was no law against their actions and that they would, indeed, continue despite our deep concerns. The next step we tools was to contact the Orange County Sheriff Department. I was told by Officer Nichols on Nov.23,1998 that there was no ordinance against discharging a firearm near a dwelling in Orange County nor was there any other legal basis he knew of which would allow him to curtail these activities. Frankly, I was astounded. His only suggestion was that I contact you. I have learned that both Durham and Wake Counties each have an ordinance limiting the distance from which a firearm may be discharged to a specific number of feet from the nearest dwelling. We believe it is time Orange County had a similar ordinance. I am not a gun control advocate nor do I have any hidden agenda to further that cause. I am simply a home owner, father and husband who feels his family is entitled to the modecum of peace of mind that would be provided by a clear, sane ordinance limiting the discharge of firearms to a reasonable distance from our home. As the population density of Orange County continues to rise I am certain that this problem, gone unchecked, will continue to rise in frequency as well. It is also one which carries potentially devastating ramifications. For these reasons I hereby request that your office assign a task force in order to make an official inquiry into this matter. In addition, we hope you will do everything in your power to expedite the authorship and addition of such an ordinance into existing law. Please keep us informed of your progress and let us know what we can do to help. Sincerely, Carl Sindermann The Sindermannn Family 924 Dumont Dr. Hillsborough, NC 27278 (919) 644 2278 ~l~i ~ ~~~ v ~~ ice' Chapter 2-9 OFFENSES-MISCELLANEOUS* Art. I. In General, §§ 2-9-1-2-s•lr Art. II. Discharge of FSrearms, §§ 2-9-16-2-9-35 Art. III. Noise, § § 2-9-36-2-9-43 ARTICLE I. 1.N GENERAL Secs. 2-9-1-2-9-15. Reserved. ARTICLE II. DISCIHARGE OF FIREARMSt Sec. 2-9-16. On public streets or highways. It shall be unlawful for an3~ person to discharge or fire any firearm of any description on or from the traveled portion of any public street or highway, or to discharge a firearm in such a way as will result in the load thereof passing across a public highway. (Ord. of 5-4-81, § 1) Sec. 2-9-17. Within one thousand feet of a dwelling. It shall be unlawful for any person other than the owner or lessee of a dwelling or a member of the immediate family actually residing in such dwelling to discharge a firearm within one thou- sand (1,000) feet thereof without the written permission of the owner or lessee of such property or to discharge a firearm in such a way as will result in the load thereof impacting or passing through such a dwelling. (Ord. of 5-4-81, § 2; Ord. of 8-21-89, § 1) Cross references-General penalty; continuing violations; alternate reme- dies, § 2-1.13; penalty not exclusive, § 2-1-14; cruelty to animals, § 2-3.5; nuisance animals prohibited from running at large, §§ 2.3.6, 2-3-7 control of vicious ani- mals, § 2-3-9; motor vehicles violations, Ch. 2-S. State law references-Criminal law, G.S. Ch. 14; defense- of county officers and employees, G.S. § 160A•167. tState law references-Discharging certain weapons into occupied property, G.S. § 14.34.1; regulation of firearms by counties, G.S. § 153A•129. Supp. No. 3 1115 ~-- - - ~,~,~~ sir s o~- ~-~~ 12 X15 ~ 5~'SS~bau Gtic~~ WILLOW RIDGE 850 93/21 70/30 67/81 67/7 Section 3. Discharge of firearms within predominantly residential areas of Durham County .prohibited; exceytions. It shall be unlawful for any person to discharge a firearm within 600 feet of a residence located within a predominantly residential area of Durham County, except a. When the firearm is discharged in the lawful defense of person or property. b. When the firearm is discharged by, or at the lawful direction of a law enforcement officer, or authorized military personnel. Section 4. Discha~e of Airguns within predominantly residential areas of Durham County by minors restricted. It shall be unlawful far any person under the age of sixteen (16) years to discharge an airgun within 600 feet of a residence located within a predominantly residential area of Durham County, unless at the time of such discharge, the minor is accompanied by a parent, guardian, or other adult who acknowledges responsibility for the supervision of the minor in the act of shooting. Section 5. Ne~li~ent discharge of firearms in Durham County outside of predominantly residential areas prohibited. It shall be unlawful for any person to discharge a firearm or airgun outside of a predominantly residential area of Durham County, a. negligently, carelessly, or heedlessly in wanton disregard for the safety of others, or b. without due caution or circumspection and in a manner so as to endanger any person or property, and resulting in property damage or bodily injury, or c. when the ,individual who discharges the firearm or airgun is under the influence of an impairing substance or does so after consuming sufficient alcohol that he has, at any relevant time after the discharge of the firearm or airgun, an alcohol concentration of 0.08 or more. In any case where a violation of this act also constitutes a violation under Article 21B of Chapter 113 of the General Statutes, then the provisions of that Article are intended to apply to the violation. ~P-~ ~~~ ~~ ~. From: <Sglad1210@aol.com> To: ocmail.SMTP-DOS("cwright@herald-sun.com","ronml@he.. Date: 1/14/99 11:49am Subject: column 1/17/99 January 1st brings a different kind of festivity to our house--a cease-fire celebration. We feel jubilant that we can walk in our fields, ride our horses, and stroll fearlessly into the woods surrounding our farm. Deer hunting season has ended. Now, let me assure you, as I did Mr. Cameron Ingram (our county Wildlife officer): I am not against hunting. I grew up in southern delta lands where most kids have a BB gun by age five, where the opening of hunting season is a religious holiday. I learned how to handle a shotgun. I know what the deer population would be without hunting. We own a gun. Nevertheless, I don't like being restricted to the near side of my yard during some of the best outdoor weather of the year. I don't like being fearful for my children and animals when we hear shots nearby.. I hate wearing blaze orange in my own pastures. Hunting season has changed character in the 18 years I have lived out here--for the better. The early years were a siege. Tensions were high. Drinking was prevalent. There were more dogs, more hunters. There was a threat (to burn our house down) when we complained. Then things got pretty quiet for many years. Still, we stayed close to the house and wore orange. We limited trail riding to Sundays--the no hunting day. Last year the tensions returned with the high deer population. In one incident several hunters with a pack of dogs headed straight for our lamb pen. My screams did not deter them, but they frightened my daughter, who called 911. The hunters left before the sheriff arrived, and nothing came of the report. That is because our land is not posted. Every year we consider putting the signs every 200 yards around the farm. But posting will not solve our problem. Our house and barns sit near the back property lines. Our neighbor's land is not posted. So, when hunters park their truck 50 yards from my horse pasture, as they did last month, and fire over my head while I sit on my porch, there is nothing I can do. They are not on my land. I am at the mercy of their judgement. And ,their judgement might be heavily clouded by alcohol. Mr. Ingram and I agree that alcohol and guns don't mix. I~ marvel that it is legal to hunt and drink. That is, in Orange County. Wander into Caswell County and you'd better leave your bottle or your gun back in Orange.. Get caught with both in Caswell and you'll face some stiff penalties. High powered rifles are not regulated in Orange County, except on some game lands. These guns can propel bullets up to two miles. Some counties and some clubs. restrict rifles to deer stands, up in trees, where missed shots hit dirt--not distant neighbors. a~ One recent fatal hunting accident in neighboring Chatham County involved poor judgement and disobeying the daylight regulation. A second accident, while not fatal,. was more chilling to me--a man whose leg was shattered by a high- powered bullet as he walked across his own property. This could happen to any Orange County resident who lives near the woods. Here's what I'd like to see happen: 1. Shift responsibility from the landowners to the hunters. Hunters must carry written permission to be hunting on any piece of property and must know its boundaries. Why should people be permitted to fire guns on any parcel of land without a sign that says "DON'T"? 2. Prohibit shooting within reasonable distances of houses, barns, and livestock. The hunter's responsibility is to know the lay of the land. 3. NO HUNTING AND DRINKING! It is against the law to drink and drive a boat, but not to guzzle and fire your rifle. Caswell County changed their laws following a violent incident involving hunting guns and booze. What are we waiting for? 4. Restrict the use of high-powered rifles to heights of 8 feet or more. 5. Require all hunters to take the safety courses (many were grandfathered in). Re-administer the tests at least as often as we are required to re-up our drivers' licences. 6. Teach every citizen where to call when there is a problem. In a pinch, dial 911. Report all incidents to the Wildlife Commission at 662-4381, or 1-919-733-7191. You can reach our officer, Cameron Ingram, at 1-800-662-7137. To suggest changes, write to our County Commissioners c/o Alice Gordon, P.O. Box 8181, Hillsborough, NC 27278, or send e-mail through the web site (www.co.orange.nc.us). Next year, when I am in my yard and spot an orange hunter's cap, I'd feel better knowing that the hunter has permission to be where he is, that he knows where we are, that he is prohibited from shooting near our house, and that his gun can't kill us from a mile away. And, if I could be assured that the hunter was sober, I might even smile and wish him good luck. ' ~~ January 15, 1999 Orange County Commissioners Hillsborough, North Carolina ~~;~~ 0 g 1999 ~4~ l ' Re: Hunter and resident safety Dear Commissioners, I am very concerned about the danger to those of us who use and live adjacent the Jordan Lake (and other) Game Land or hunting areas during hunting seasons. The two recent shooting incidents which killed one person and nearly killed another only heighten awarenes of the real risks we face. I will very much appreciate your help in reducing these risks. I have a lifetime Sportsman license, and I very much enjoy the outdoors in many ways. I have some experience with high-powered rifles and I'm always worried if I fire a round that I'm not confident where that bullet stopped and what it hit on the way. This worry would be magnified by shootng from ground level in the relatively flat terrain of this area or near a lake or pond with our ever-increasing population density. 1 will appreciate your consideration of adding to the Orange County local laws something similar to the following iaw presently in force in Wilson county: It is unlawful to take or hunt deer with rifles, except from a stationary stand that is elevated at least 8 feet above the ground. As you know, at least 9 counties (Cabarrus, Camden, Greene, Hoke, Moore, Nash, Northampton, Wake, and Wilson) currently have laws restricting rifle fire in deer hunting to elevated stands. .Adding this regulation would infringe only on irresponsible hunters and add materially to the real and perceived safety of us all. Thank you for doing what you can to assure our valuable natural resources are healthy and safe for us all to enjoy. Sinc rely, `~ 1 ~_ ~~ .7q~in R. Frick v' Home: 992 Cleland Drive, Chapel Hill, N.C. 27514 919-942-3744