Chapter 10.20 NO SHOOTING AREAS

This chapter is enacted pursuant to the authority provided in RCW 9.41.300(2)(a) for the purpose of providing a mechanism to define areas within the county where the discharge of firearms should be restricted due to the reasonable likelihood that humans, domestic animals, or property will be jeopardized; provided, that nothing in this chapter shall be construed to abridge the right of the individual guaranteed by Article I, Section 24 of the State Constitution to bear arms in defense of self or others; provided further, that nothing in this chapter shall be construed to prohibit a slaughterer, as defined herein, from rendering livestock insensible to pain by means that is rapid and effective. [Ord. 02-092, § 1, 5-14-02.]

10.20.020 Definitions.

Certain words and phrases used in this chapter, unless otherwise clearly indicated by their context, shall have the following meaning:

“Board” means the Board of County Commissioners.

“Department” means the Cowlitz County Department of Building and Planning.

“Firearm” means weapon or device from which a projectile or projectiles may be fired by an explosive such as gunpowder.

“Livestock” means cattle, calves, sheep, swine, horses, mules and goats.

“No shooting area” means a defined area within which the discharge of firearms is restricted as provided in this chapter.

“Outdoor public shooting ranges” means as defined by Chapter 10.22 CCC.

“Person” means an individual, firm, partnership, corporation or association.

“Property owner” means the owner of record, as determined by the records of the County Assessor; provided, that the owner under a real estate contract is the purchaser-vendee, the owner of mortgaged property is the mortgagor, and the owner of property subject to a deed of trust is the grantor.

“Slaughterer” means any person engaged in the commercial or custom slaughtering of livestock, including custom farm slaughterers. [Ord. 02-092, § 2, 5-14-02; Ord. 5226, § I, 5-12-77; Ord. 4886, § I, 10-11-76; Ord. 3554, § I, 4-9-74; Ord. 2332, § I, 6-18-71.]

10.20.021 Procedure for establishment of no shooting areas.

A. The property owners of an area may request the establishment of a no shooting area by submitting to the Department a legally executed petition in compliance with the following terms and conditions:

1. The proposed no shooting area shall use geographically identifiable boundaries where feasible. Where possible, the boundaries shall constitute a physical barrier, e.g., a river, freeway, highway, roadway, lake;

2. The signatures of not less than 60 percent of the property owners within the proposed no shooting area;

3. The petition must include a legal description of the proposed boundaries for the no shooting area along with a map that includes parcel boundaries;

4. Outdoor public shooting ranges shall not be included in any proposed no shooting area; and

5. The petitions shall include a written statement, utilizing the standards set forth in CCC 10.20.025, detailing the reasons supporting the establishment of the proposed no shooting area.

B. Petitions may be filed with the Department at any time. The Department will review each filed petition to determine whether it complies with the requirements of this section and will approve any petition found in compliance for further consideration by the Board. However, petitions will only be forwarded to the Board by the Department for public hearing before the Board during the months of May and November of each year.

C. Upon approval of a petition by the Department, the Board of Commissioners shall call for a public hearing within 45 days on whether to establish a no shooting area.

D. Notwithstanding any provision of this chapter restricting the processing of petitions for the establishment or amendment of no shooting areas, the Board of Commissioners of Cowlitz County may at any time in its discretion establish or amend a no shooting area in the execution of the policies set forth in this chapter.

E. Unless specifically provided to the contrary elsewhere in this chapter, the Director of the Department shall administer all requirements of this chapter.

F. The Department shall collect a fee for processing any petition submitted pursuant to this chapter for the establishment or amendment of a no shooting area. Fees shall be established by resolution of the Board. Twenty percent of the fee as so established shall be due upon filing of any petition and the balance of such fee must be paid prior to approval by the Department of the validity of the petition and forwarding of such petition to the Board for consideration. [Ord. 02-092, § 3, 5-14-02.]

10.20.022 Public hearing notices.

The Director of Building and Planning shall give notice of all public hearings required to be held under the provisions of this chapter by publishing said notice of at least once in a newspaper of general circulation within the County, not less than 10 days prior to the date fixed for such hearing. In addition, written notice shall be given to property owners located in the proposed area and within 1,500 feet of the proposed area or existing no shooting area in which an amendment is to be considered. Notice shall be posted in at least two conspicuous places in the affected area at least 14 days prior to the public hearing. The Board may provide additional notice as it deems appropriate. Such notice shall set forth the date, time, place, and purpose of the public hearing and shall state in general terms the area of the proposed no shooting area, or area of the proposed amended area. [Ord. 02-092, § 4, 5-14-02.]

10.20.023 Amendment of existing no shooting areas.

A. The property owners of an existing “No Shooting” area may request an amendment by submitting to the Department a legally executed petition meeting the requirements in CCC 10.20.021 with the addition of the following:

1. The petition must include the specific type of amendment that is being requested.

2. Amendments may only include one or more of the following:

a. Change in size of no shooting area; or

b. Elimination of entire no shooting area; or

c. Addition or elimination of an exception(s).

B. The Board may not consider a petition to amend a no shooting area within one year from the effective date of the establishment of a no shooting area, or the most recent amendment to the no shooting area.

C. Petitions to amend a no shooting area shall be processed in all other respects in the same fashion and shall be subject to the same standards applied to the establishment of a no shooting area. [Ord. 02-092, § 5, 5-14-02.]

10.20.024 Public hearing on establishment or amendment of no shooting areas.

A. During the public hearing the Board shall determine whether the proposed no shooting area, or proposed amendment is needed to reasonably to protect humans, domestic animals, or property from the likelihood of jeopardy by the discharge of firearms.

B. The Board shall accept written and public testimony. All persons testifying shall take an oath of affirmation. All written testimony should be submitted to the Clerk of the Board at least five days prior to the public hearing, and shall be so stated in the public notice. [Ord. 02-092, § 6, 5-14-02.]

10.20.025 Determination – Factors considered.

A. In making its determination the Board shall be guided by, but not limited to, the following factors:

1. Population density.

2. Contiguous to existing no shooting area(s).

3. The history of and prospects for construction of homes in the area.

4. Average parcel size.

5. Individual parcel size.

6. Proximity to public recreation.

7. Proximity to any building capable of being occupied by people or domestic animals.

8. Zoning.

9. Proximity to city limits.

10. Reported accidents or near accidents involving firearms in the area.

11. Economic impact of land value.

B. Nothing in this section shall require the County to gather specific data on any factor. [Ord. 02-092, § 7, 5-14-02.]

10.20.026 Slaughter of livestock permitted – Conditions.

Nothing in this chapter shall be construed to prohibit a slaughterer or the property owner engaged in the slaughter of livestock within a no shooting area from rendering livestock insensible to pain by means that is rapid and effective, including by use of a firearm; provided, that the property owner shall provide not less than 24 hours’ prior written notice to all residents of such no shooting area and to the Cowlitz County Sheriff of such intended firearm use. [Ord. 02-092, § 8, 5-14-02.]

10.20.030 Ryderwood no shooting area – Purpose and authority.

The Board of County Commissioners of Cowlitz County, in the exercise of its duty under RCW 36.32.120(7) to make and enforce, by appropriate resolutions or ordinances, all such police and sanitary regulations as are not in conflict with state law, to protect the life, health, safety, welfare and convenience of the inhabitants of Cowlitz County, is desirous of controlling, at the request of the people and inhabitants of Ryderwood, the use and discharge of firearms in and around the area of Ryderwood, a part and parcel of Cowlitz County, State of Washington. The Board believes it to be in the best interest of the general public that rules and regulations be promulgated to govern the use and discharge of firearms in and around the area known and described as Ryderwood. [Ord. 2332, preamble, 6-18-71.]

10.20.040 Ryderwood area – Shooting prohibited – Boundaries.

A. The discharge of all firearms within the described boundaries of the town of Ryderwood, Washington, and within an area 1,000 yards distant from all boundaries of the recorded Plat of Ryderwood No. 1 as it appears of record in Volume 8, Page 54 of Plats in the Office of the County Auditor of Cowlitz County, Washington, in the City of Kelso, is prohibited, with the following exceptions:

1. The protection of persons and property.

2. The herding and scaring of wild game and/or waterfowl, out of season, by the discharge of shotguns by persons authorized to do so by any state or national agency for the protection of game or waterfowl; provided, that no firearms shall be discharged toward any residence dwelling within 200 yards thereof.

B. A “No Shooting” area is hereby established comprising the following described area:

Beginning at a point in the line between Sections 3 and 10 South 88°36′ East a distance of 1454.6 feet from the corner to Sections 3, 4, 9 and 10, Township 10 North, Range 3 West, Willamette Base and Meridian, which initial point is marked by a 2-inch diameter pipe with the top flush with the street surface, filled with cement with a nail embedded therein for exact point; thence North 1°24′ East 960.0 feet; thence South 88°36′ East 140.0 feet; thence North 1°24′ East 400.0 feet; thence North 88°36′ West 140.0 feet; thence North 1°24′ East 520.0 feet; thence South 88°36′ East 1170.0 feet; thence South 1°24′ West 460.0 feet; thence South 88°36′ East 180.0 feet; thence South 1°24′ West 930.0 feet; thence South 88°36′ East 140.0 feet; thence South 1°24′ West 520.0 feet; thence North 88°36′ West 850.0 feet; thence North 1°24′ East 460.0 feet; thence North 88°36′ West 780.0 feet; thence North 1°24′ East 30.0 feet to place of beginning and containing 67.936 acres, more or less; and within an area One Thousand yards distant from all boundaries hereinabove described.

[Ord. 2332, § II, 6-18-71.]

10.20.050 Horseshoe Lake no shooting area – Purpose and authority.

The Board of County Commissioners, in the exercise of its duty under RCW 36.32.120(7) to make and enforce by appropriate resolutions or ordinances, all such policy and sanitary regulations as are not in conflict with state law, to protect the life, health, safety, welfare and convenience of the inhabitants of Cowlitz County, is desirous of controlling, at the request of the people and inhabitants of the unincorporated areas of Cowlitz County, the use and discharge of firearms in and around the area of Horseshoe Lake, of Cowlitz County, State of Washington. The Board believes it to be in the best interest of the general public that rules and regulations be promulgated to govern the use and discharge of firearms in and around the area known and described herein as Horseshoe Lake. The Board believes it to be in the best interest of the citizens of Cowlitz County that the equitable and orderly establishment of “No Shooting” areas be facilitated to meet the expressed needs and desires of Cowlitz County citizens. [Ord. 4886, preamble, 10-11-76.]

10.20.060 Horseshoe Lake area – Shooting prohibited – Boundaries.

A. The discharge of all firearms within the described boundaries of the Horseshoe Lake no shooting area is hereby prohibited.

B. The Horseshoe Lake no shooting area is hereby established prohibiting the use of firearms in that portion of Cowlitz County lying within the following described area:

Beginning at a point where the south shore of Horseshoe Lake intersects the west right-of-way line of Interstate Highway 5 (Section 30, Township 5 North, Range 1 East); thence northerly along the west right-of-way line of Interstate 5 to the north shore of Horseshoe Lake, (Section 19, Township 5 North, Range 1 East); thence west and southwest along said shoreline of Horseshoe Lake to a point of intersection of the boundary of the City of Woodland and Cowlitz County, thence due west along said boundary to a point of intersection with the east right-of-way line of South Pekin Road, thence south along said right-of-way line to the intersection of the east right-of-way line of South Pekin Road and the north right-of-way line of Pinkerton Drive, thence east along said north right-of-way line to the intersection of the west right-of-way line of Interstate Highway 5, thence southerly along said right-of-way to the centerline of the Lewis River, thence up river along said centerline to a point lying on the westerly extension of the centerline of Horseshoe Lake, thence westerly along said extension to the west right-of-way line of Interstate Highway 5 thence south along said right-of-way line to the point of beginning.

[Ord. 4943, § 1, 11-22-76; Ord. 4886, § II, 10-11-76.]

10.20.070 Kalama River Community no shooting area – Purpose and authority.

The Board of County Commissioners in the exercise of its duty under RCW 36.32.120(7) to make and enforce by appropriate resolutions or ordinances, all such policy and sanitary regulations as are not in conflict with state law, to protect the life, health, safety, welfare and convenience of the inhabitants of Cowlitz County, is desirous of controlling, at the request of the people and inhabitants of the unincorporated areas of Cowlitz County, the use and discharge of firearms in and around the urbanizing area of Kalama River Community, of Cowlitz County, State of Washington. The Board believes it to be in the best interest of the general public that rules and regulations be promulgated to govern the use and discharge of firearms in and around the area known and described herein as Kalama River Community. The Board believes it to be in the best interest of the citizens of Cowlitz County that the equitable and orderly establishment of “No Shooting” areas be facilitated to meet the expressed needs and desires of Cowlitz County citizens. [Ord. 5226, preamble, 5-12-77; Ord. 3554, preamble, 4-9-74.]

10.20.080 Kalama area – Shooting prohibited – Boundaries.

A. The discharge of all firearms within the described boundaries of the Kalama River Community no shooting area is hereby prohibited.

B. The Kalama River Community no shooting area is established comprising the following described area:

An area one hundred feet distant from the centerline of that portion of the Kalama River Road herein described: Beginning at the intersection of the Kalama River Road and Old Pacific Highway and running east on Kalama River Road and terminating at the eastern township line of Township 6N, Range 1W, W.M.; excepting land owned by the Washington State Department of Fisheries.

[Ord. 5226, § II, 5-12-77; Ord. 3554, § II, 4-9-74.]

10.20.090 Robertson Road no shooting area – Purpose and authority.

The Board of County Commissioners, in the exercise of its duty under RCW 36.32.120(7) to make and enforce by appropriate resolutions or ordinances, all such policy and sanitary regulations as are not in conflict with state law, to protect the life, health, safety, welfare and convenience of the inhabitants of Cowlitz County, is desirous of controlling, at the request of the people and inhabitants of the unincorporated areas of Cowlitz County, the use and discharge of firearms in and around the area of Robertson Road, of Cowlitz County, State of Washington. The Board believes it to be in the best interest of the general public that rules and regulations be promulgated to govern the use and discharge of firearms in and around the area known and described herein. The Board believes it to be in the best interest of the citizens of Cowlitz County that the equitable and orderly establishment of “No Shooting” areas be facilitated to meet the expressed needs and desires of Cowlitz County citizens. [Ord. 96-056, § 1, 4-8-96.]

10.20.100 Robertson Road area – Shooting prohibited.

A. The discharge of all firearms within the described boundaries of the Robertson Road no shooting area is prohibited.

B. The Robertson Road no shooting area is established prohibiting the discharge of firearms in that portion of Cowlitz County lying within the following described area.

That portion of the A.S. Abernathy DLC described as follows: Beginning at the intersection of the west line of Section 3, Township 8 North, Range 3 West and the north line of Robertson Road; thence south to the corner common to Sections 3, 4, 9, and 10, Township 8 North, Range 3 West, WM; thence south 990 feet; thence south 86 degrees 40 minutes west 1,311 feet to the west line of the Abernathy DLC; thence north along the west line of the Abernathy DLC to the north line of Robertson Road; thence east along the north line of Robertson Road 860 feet more or less to the southeast corner of Lot 1 of Cowlitz County Short Plat No. 78-073; thence north along the east line of the Lot 1, 620 feet more or less to the northeast corner of Lot 1 of Cowlitz County Short Plat 78-073; thence west 860 feet more or less to the west line of the Abernathy DLC; thence north along the west line of the Abernathy DLC to the northwest corner of said DLC; thence north along the west line of the Abernathy DLC to the northwest corner of said DLC; thence east 2,640 feet more or less to the most northerly northeast corner of the Abernathy DLC; thence south along the DLC line to the intersection with Robertson Road; thence westerly along the north line of Robertson Road to the point of beginning.

[Ord. 96-056, § 2, 4-8-96.]

10.20.110 Sassy’s Creek Road no shooting area – Purpose and authority.

The Board of County Commissioners, in the exercise of its duty under RCW 36.32.120(7) to make and enforce by appropriate resolutions or ordinances, all such policy and sanitary regulations as are not in conflict with state law, to protect the life, health, safety, welfare and convenience of the inhabitants of Cowlitz County, is desirous of controlling, at the request of the people and inhabitants of the unincorporated areas of Cowlitz County, the use and discharge of firearms in and around the area of Sassy’s Creek Road, of Cowlitz County, State of Washington. The Board believes it to be in the best interest of the general public that rules and regulations be promulgated to govern the use and discharge of firearms in and around the area known and described herein. The Board believes it to be in the best interest of the citizens of Cowlitz County that the equitable orderly establishment of “No Shooting” areas be facilitated to meet the expressed needs and desires of Cowlitz County citizens. [Ord. 97-024, § 1, 2-10-97.]

10.20.120 Sassy’s Creek Road no shooting area – Boundaries.

A. The discharge of all firearms within the described boundaries of the Sassy’s Creek Road no shooting area is hereby prohibited.

B. The Sassy’s Creek Road no shooting area is hereby established prohibiting the discharge of firearms in that portion of Cowlitz County lying within the following described area:

All that portion of the East half of the Northeast quarter of Section 24, Township 6 North, Range 3 East, Willamette Meridian, lying south of State Route 503, and also including the Southwest quarter of the Northwest quarter of Section 19, Township 6 North, Range 4 East, Willamette Meridian.

[Ord. 02-092, § 11, 5-14-02; Ord. 97-024, § 2, 2-10-97.]

10.20.130 Sockeye Drive no shooting area – Purpose and authority.

A. The Board of County Commissioners believes it to be in the best interest of the citizens of Cowlitz County that the equitable, orderly establishment of “No Shooting” areas be facilitated to meet the expressed needs and desires of Cowlitz County citizens. The Board of Commissioners has received a proper and duly executed petition requesting establishment of a no shooting area.

B. In exercise of its duty under RCW 36.32.120(7) to make and enforce, by appropriate resolutions or ordinances, all such policies and regulations not in conflict with state law, and that protect the life, health, safety, welfare and convenience of the inhabitants of Cowlitz County, the Board believes it to be in the best interest of the general public that rules and regulations are promulgated to govern the use and discharge of firearms in and around the area described herein. The people and inhabitants of the unincorporated area known as Sockeye Drive, in Cowlitz County, have requested, and the Board of County Commissioners concurs, that the control of the use and discharge of firearms in and around the area of Sockeye Drive, Cowlitz County, State of Washington promotes and protects the life, health, safety, welfare and convenience of the petitioners. [Ord. 99-210, §§ 1, 2, 11-1-99.]

10.20.140 Sockeye Drive no shooting area – Boundaries.

A. The discharge of all firearms within the described boundaries of the Sockeye Drive no shooting area is prohibited.

B. The Sockeye Drive no shooting area is established for the following described area:

All of that property situated in the Northwest Quarter of Section 5, Township 5 North, Range 2 East, Willamette Meridian, Cowlitz County, State of Washington. Specifically that property bounded on the north by the southerly right-of-way line for the Lewis River Road, also known as S.R. 503; bounded on the south by the northerly bank of the Lewis River; bounded on the west by the centerline of an unnamed creek which is the west property line of Lots 1 and 2 of Short Plat CC 98-003, as recorded in the Cowlitz County Auditor’s office at Volume 11, Page 96; bounded on the east by the easterly property line of that property described in that certain deed of trust, AFN 861024049 as recorded in the Cowlitz County Auditor’s office, described as a line beginning on the south right of way line at Engineers plan station 472+00, Staples Creek to Ariel, then running south 30°00″ East to the northerly bank of the Lewis River.

[Ord. 99-210, §§ 3, 4, 11-1-99.]

10.20.150 Allen Street no shooting area – Purpose and authority.

A. The Board believes it to be in the best interest of the citizens of Cowlitz County that the equitable, orderly establishment of “No Shooting” areas be facilitated to meet the expressed needs and desires of Cowlitz County citizens. The Board of Commissioners has received a proper and duly executed petition requesting establishment of a no shooting area.

B. In exercise of its duty under RCW 36.32.120(7) to make and enforce, by appropriate resolutions or ordinances, all such policies and regulations not in conflict with state law, and that protect the life, health, safety, welfare and convenience of the inhabitants of Cowlitz County, the Board believes it to be in the best interest of the general public that rules and regulations are promulgated to govern the use and discharge of firearms in and around the area described herein. The people and inhabitants of the unincorporated area known as Allen Street, in Cowlitz County, have requested, and the Board of County Commissioners concurs, that the control of the use and discharge of firearms in and around the area of Allen Street, Cowlitz County, State of Washington promotes and protects the life, health, safety, welfare and convenience of the petitioners. [Ord. 00-060, §§ 1, 2, 6-12-00.]

10.20.160 Allen Street no shooting area – Boundaries.

A. The discharge of all firearms within the described boundaries of the Allen Street no shooting area is hereby prohibited.

B. The Allen Street no shooting area is established for the following described area:

All that portion of the northeast quarter of the northwest quarter and the north half of the northeast quarter of Section 36 lying North of the Coweeman River and that portion of the south half of the southeast quarter of Section 25 lying South of the southerly right of way line of Allen Street, excepting therefrom all portions situated within the City of Kelso, all of which is situated in Township 8 North, Range 2 West, Willamette Meridian, County of Cowlitz, State of Washington.

[Ord. 02-092, § 12, 5-14-02; Ord. 00-060, §§ 3, 4, 6-12-00.]

10.20.900 Penalty.

It is a civil infraction for any person to violate this chapter or assist in the violation of this chapter. Violations are subject to the provisions of Chapter 2.06 CCC. Any violation is a public nuisance. Each day a violation occurs is a separate violation. Payment of any penalty imposed for a violation does not relieve a person from the duty to comply with this chapter. [Ord. 97-024, § 3, 2-10-97; Ord. 96-056, § 3, 4-8-96; Ord. 5226, § IV, 5-12-77; Ord. 4886, § III, 10-11-76; Ord. 3554, § IV, 4-9-74; Ord. 2332, § II, 6-18-71.]