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HomeMy WebLinkAboutAgenda - 02-16-2016 - 7-a - Amendment to the Orange County Code of Ordinances – Regulating the Discharge of Firearms 1 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: February 16, 2016 Action Agenda Item No. 7-a SUBJECT: Amendment to the Orange County Code of Ordinances — Regulating the Discharge of Firearms DEPARTMENT: County Attorney PUBLIC HEARING: (Y/N) N ATTACHMENT(S): INFORMATION CONTACT: 1. Draft Ordinance John Roberts, (919) 245-2318 2. Adoption Resolution 3. Email from the Sheriff's Legal Advisor PURPOSE: To consider the adoption of rules regulating the discharge of firearms in Orange County. BACKGROUND: This item was presented in similar form at the January 21, 2016 meeting by Orange County Planning Staff as an amendment to the Orange County Code of Technical Ordinances ("UDO") recommended by the Planning Board. The proposed amendments establish new regulations governing the discharge of firearms on private property. At the January 21, 2016 meeting the Board of County Commissioners determined the regulation of the discharge of firearms was more appropriately regulated through Orange County's police power and its General Ordinances rather than through the UDO. The Board of County Commissioners, after receiving the Planning Board's recommendation and discussing the item, instructed the County Attorney to bring the Planning Board's recommended language back for consideration at the February 16, 2016 regular meeting. Among other things the recommended ordinance restricts the discharge of firearms to 10:00 a.m. to 6:00 p.m. daily, prohibits the discharge of firearms within designated distances of property lines and dwelling structures, requires discharged projectiles to remain on the property upon which they are discharged, and requires most firearms discharges to be directed into a projectile-proof backstop. The ordinance will not impact or regulate hunting activities. For additional information refer to the January 21, 2016 agenda item at http://server3.co.orange.nc.us:8088/weblink8/0/doc/40308/Page 1.aspx. FINANCIAL IMPACT: Indirect costs associated with ordinance enforcement. SOCIAL JUSTICE IMPACT: There is no Social Justice Goal impact associated with this item. RECOMMENDATION(S): The Manager recommends that the Board: 1. Deliberate as necessary on the proposed amendments; and 2 2. Adopt the firearms discharge provisions into the Orange County Code of Ordinances, authorize the Chair to sign the attached Resolution of Adoption, and authorize the County Attorney to make any minor non-substantive changes or corrections that may be necessary prior to submission of the amendment to Municode. 3 ORD-2016-011 Attachment 1 Section.24-3.-Regulating the Discharge of Firearms. (a)This Section is enacted pursuant to the authority of N.C.G.S.153A-129.This Section shall be interpreted in accordance with any sections of the North Carolina General Statutes which,by their terms,limit the authority of the County to regulate the discharge of firearms. (b)Firearm as defined herein shall mean any handgun,shotgun,or rifle which expels a projectile by the ignition of gunpowder or by other explosive reaction. (c)It is unlawful for any person to discharge a firearm outdoors: (1)Within three hundred(300)feet of all property lines of the property on which the firearm is discharged;or (2)Within three hundred(300)feet of all rights of way or access easements;or (3)Within one thousand(1000)feet of any structure external to the property on which the firearm is discharged;or (4)Unless such discharge is directed into a projectile-proof backstop constructed of concrete, steel,earth,wood,or combination thereof a minimum of fifteen(15)feet in height and thirty (30)feet in depth;or (5)Using any explosive shell,target,or similar materials;or (6)At any hour of the day other than between the hours of 10:00 a.m.and 6:00 p.m.;or (7)Carelessly or heedlessly in wanton disregard for the safety of others;or (8)Without due caution or circumspection and in a manner so as to endanger any person or property and resulting in the unlawful property damage or bodily injury of another;or (9)On the property of another without their permission;or (10)In any manner which causes the projectile to leave the property on which it is discharged. (d)It is unlawful for any person to discharge a firearm indoors: (1)Within one hundred(100)feet of all property lines of the property on which the firearm is discharged;or (2)Within one hundred(100)feet of all rights of way or access easements;or (3)In any manner which causes the discharged projectile to leave the structure;or (4)Carelessly or heedlessly in wanton disregard for the safety of others;or (5)Without due caution or circumspection and in a manner so as to endanger any person or property and resulting in the unlawful property damage or bodily injury of another. (e) Prior to engaging in any firearms discharge on any parcel of property the owner of the property shall cause to be erected warning signs indicating that firearms discharge is occurring on the property at one hundred(100)foot intervals around the perimeter of the property in accordance with Section 6.12.5 of the Orange County Code of Technical Ordinances. 4 ORD-2016-011 Attachment 1 (f) AType B land use buffer,as detailed within Section 6.8 of the Orange County Code of Technical Ordinances,shall be required around the perimeter of the portion of property where outdoor target shooting activities,including skeet shooting,occurs. (g)Nothing in this section shall be construed as prohibiting discharge of a firearm when used: (1)In lawful defense of person or property;or (2)To lawfully take birds or animals where authorized by the North Carolina General Statutes and other applicable laws;or (3)Pursuant to lawful directions of law enforcement officers;or (4)By law enforcement officers acting in the line of duty or during official law enforcement related training;or (5)By members of the armed forces acting in the line of duty;or (6)At permitted historical,ceremonial,or commemoration functions held for such purpose provided that in no event shall live ammunition be used or discharged;or (7)At school sanctioned instructional or recreational activities intended to further the use of safe firearms practices;or (8)The use of fireworks;or (9)To engage in target shooting activities two(2)or fewer days per month. (h)Any person violating any provision of this Section shall be guilty of a misdemeanor and subject to a fine of not more than five hundred dollars($500.00)and/or imprisonment for not more than thirty(30) days.Violators may be subject to a civil penalty of five hundred dollars($500.00)per violation to be recovered in the nature of debt if not paid within(30)days. RES-2016-015 Attachment 2 5 RESOLUTION OF AMENDMENT A RESOLUTION AMENDING CHAPTER 24 OF THE ORANGE COUNTY CODE OF ORDINANCES Be it Resolved and Ordained by the Board of Commissioners of Orange County, North Carolina: WHEREAS, the State of North Carolina authorizes counties to regulate the discharge of firearms through North Carolina General Statute 153A-129; and WHEREAS, the discharge of firearms is an inherently dangerous activity that can threaten the health, life, safety, and welfare of individuals in the vicinity of such discharge; and WHEREAS, in order to protect the health, life, safety, and welfare of individuals engaged in the discharge of firearms and that of individuals located in and around areas in which firearms are discharged it is appropriate to establish regulations for the safe discharge of firearms; and WHEREAS, the Orange County Board of Commissioners, believing it to be in the best interest of the citizens and residents of Orange County, hereby determines that Chapter 24 of the Orange County Code of Ordinances should be amended to regulate the discharge of firearms. NOW THEREFORE BE IT RESOLVED AND ORDAINED, that the Code of Ordinances, Orange County, North Carolina, Chapter 24, is hereby amended by adding a section to be numbered 24-3, which section reads as shown in the attached revised ordinance to regulate the discharge of firearms in Orange County. This Amendment shall become effective upon adoption. Adopted by the Orange County Board of Commissioners this day of , 2016. By: Attest: Earl McKee, Chair Donna Baker, Clerk to the Board Orange County Board of Commissioners [SEAL] 6 Attachment 3 From: Jennifer Galassi Sent: Monday, February 01, 2016 12:13 PM To: John Roberts; Sheriff Charles Blackwood Cc: Earl McKee Subject: RE: February 16 BOCC Good morning, John. After reviewing the proposed Firearms Discharge Ordinance with the Sheriff, here are his comments. (c)(4)-The backstop specifications seem excessive. Instead, language to this effect is preferred: Unless such discharge is directed into a projectile-proof backstop to be constructed in such a way as to reasonably prevent fired rounds from passing through, over, or around said backstop. (c)(6)- Discharge of a firearm should extend beyond 10:00 a.m. to 6:00 p.m. The Sheriff would like the Board to consider 7:00 a.m. to 11:00 p.m. (e) and (f)-As proposed, the posting and buffer requirements create a significant financial cost to County residents in order to comply with the Ordinance. Failure to do so, would require deputies to levy criminal charges for violation of the UDO. Thanks, Jenny Jennifer Galassi Legal Advisor to the Sheriff 106 E. Margaret Lane Hillsborough, North Carolina 27278 919.245.2952 (o) 919.732.6403 (f) jgalassi @orangecountync.gov OFFICE OF THE 01--LAN N E C:°OL'NTV" SHR1J'}° d' Pl Sheriff Charles S.Blackwood E-mail correspondence to and from this address may be subject to the provisions of North Carolina General Statute § 132-1, the North Carolina Public Records Laws, and if so, may be disclosed.