Chapter 8.50 SHOOTING IN THE COUNTY

The purpose of Articles I and II of this chapter is to establish a process for the establishment, alteration, or dissolution of “no shooting” areas in unincorporated Jefferson County and to provide regulation of the discharge of firearms in such areas as provided in Articles I and II of this chapter. The creation of a no shooting area shall be considered in accordance with RCW 9.41.300(2)(a) wherein counties are authorized to enact laws and ordinances restricting the discharge of firearms “where there is a reasonable likelihood that humans, domestic animals, or property may be jeopardized.” County officials shall endeavor to facilitate solutions within communities to resolve concerns leading to petitions for no shooting areas. Areas considered for creation, alteration, or dissolution of a no shooting area shall be considered on an individual basis to adequately assess the motivation for the proposal and to resolve existing differences regarding an area. Creation of a no shooting area must be realistically enforceable in the area designated. [Ord. 4-20 § 1 (Appx. A); Ord. 2-07 § 1]

8.50.020 Exemptions.

The designation of a no shooting area shall continue to allow:

(1) The use of firearms by citizens pursuant to RCW 16.08.020 regarding dogs, or other animals, endangering livestock.

(2) The lawful use of a firearm by a law enforcement officer in the performance of their duties.

(3) The use of firearms to lawfully slaughter farm animals.

(4) The lawful use of force by citizens.

(5) The operation of an indoor shooting facility which has obtained an operating permit or provisional operating permit pursuant to Article III of this chapter.

(6) The operation of a commercial shooting facility that has an operating permit or a provisional operating permit issued pursuant to Article III of this chapter. [Ord. 4-20 § 1 (Appx. A); Ord. 2-07 § 2]

8.50.030 Prohibited.

It is unlawful for any person to discharge any firearm or to propel from any portion of Jefferson County any projectile discharged from any firearm across, in or into a no shooting area established by Jefferson County. Articles I and II of this chapter shall not 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. [Ord. 4-20 § 1 (Appx. A); Ord. 2-17; Ord. 2-07 § 3]

8.50.040 Firearm defined.

“Firearm” means a weapon or device from which a projectile or projectiles may be fired by an explosive such as gunpowder. The definition of “firearm” includes the terms “pistol,” “rifle,” “short-barreled rifle,” “shotgun,” “short-barreled shotgun,” “machine gun,” and “antique firearm” as those terms are defined in RCW 9.41.010. The term “firearm” shall not include: (1) devices, including but not limited to “nail guns,” which are used as tools in the construction or building industries and which would otherwise fall within this definition; or (2) a “destructive device” as defined in 18 U.S.C. Section 921(a)(2). [Ord. 4-20 § 1 (Appx. A); Ord. 2-07 § 4]

8.50.050 Creation, alteration, or dissolution of a no shooting area.

(1) The process for the creation, alteration, or dissolution of a no shooting area can be initiated in accordance with RCW 9.41.300, wherein counties are authorized to enact laws and ordinances restricting the discharge of firearms “where there is a reasonable likelihood that humans, domestic animals, or property may be jeopardized,” by either:

(a) A petition filed by residents containing the signatures of at least 20 elector-residents of each voting precinct in the area under consideration; or

(b) A majority vote of the board of county commissioners.

(2) Petitions or requests for the creation of a no shooting area or to alter or dissolve an existing no shooting area by the Jefferson County board of commissioners shall be filed with the clerk of the board of county commissioners. The petition or request must be based on a definable threat to the public health, safety or general welfare.

(3) The petition or request must include a legal description of the proposed boundaries with: a map showing the proposed area, a written statement explaining the reasons for the petition, and a statement, where applicable, of reported incidence involving firearms in the petition area.

(4) After petition signatures have been verified by the Jefferson County auditor-elections and the board of county commissioners finds the petition warrants consideration, the county commissioners shall hold a public hearing regarding the petition or may choose to facilitate an amicable solution within the proposed area or may assign a review committee to consider the merit of the petition specific to the area under consideration. The county commissioners may have the review committee consider the petition before establishing a date for the public hearing. Treaty tribes will be contacted by the county to identify any concerns and invite their participation.

(a) The review committee shall consist of:

(i) The county sheriff or his designee.

(ii) The director of the department of community development, or his designee.

(iii) Three residents-at-large to be appointed by the county commissioners.

(iv) At least one representative of tribal interests will be invited.

(v) Representative stakeholders from the petition area as determined by the county commissioners, with the goal of including persons from all sides of any contended or questionable issue.

(b) The review committee shall consider, but is not limited to consideration of, the location, terrain and surrounding land use of the petition area. The committee shall also consider any additional instructions given by the county commissioners at the assignment of the committee. The county commissioners shall hold a public hearing on the review committee’s recommendations soon after they are received by the commission.

(5) Legal notice of the public hearing shall be published one time in the official newspaper of the county at least 10 days prior to the hearing.

(6) If the county commissioners find the formation, alteration, or dissolution of the petitioned area to be beneficial to the public health, safety or general welfare, the area shall be established, altered, or dissolved as a no shooting area by ordinance. The board of commissioners shall consider, but is not limited to considerations of, the location, terrain and surrounding land use of the petitioned area. The board of commissioners shall determine the final boundaries for the creation of a no shooting area.

(7) Public works may post signs along public roads indicating a no shooting area boundary where deemed necessary. The department of community development shall inform development and permit applicants if a parcel is within a no shooting area. [Ord. 4-20 § 1 (Appx. A); Ord. 2-07 § 5]

8.50.060 Violations – Misdemeanors – Penalty – Arrest.

(1) Any person discharging a firearm in a no shooting area is guilty of a misdemeanor. It shall not be a violation of Articles I and II of this chapter when a person discharges a firearm in accordance with the provisions of RCW 9A.16.020.

(2) Any law enforcement officer having probable cause to believe that a person has committed a violation of Articles I and II of this chapter has the authority to arrest the person.

(3) The first offense for violation of Article I or II of this chapter constitutes a civil penalty not to exceed $100.00. Consecutive offenses are punishable, upon conviction, by a fine not to exceed $250.00 or by confinement in the county jail for a period of not more than 90 days. [Ord. 4-20 § 1 (Appx. A); Ord. 2-07 § 6]

8.50.070 Enforcement officers and procedures.

Enforcement of Articles I and II of this chapter may be by any state or county law enforcement officer, state game officer, or state fish and wildlife officer. All such enforcement officers are empowered to issue citations to and/or arrest without warrant persons violating the provisions of Articles I and II of this chapter. Said enforcement officers may serve and execute all warrants, citations and other process issued by the courts.

In addition, mailing by registered mail of such warrant, citation or other process to the last known place of residence of the offender shall be deemed as personal service upon the person charged. Said enforcement officers may seize and hold as evidence the weapon and ammunition of any person violating the provisions of Articles I and II of this chapter. [Ord. 4-20 § 1 (Appx. A); Ord. 2-07 § 7]

8.50.080 Interpretation.

In the event any other county ordinance, whether or not codified, is in conflict with any of the terms of Articles I and II of this chapter, the more stringent shall be construed as applicable. [Ord. 4-20 § 1 (Appx. A); Ord. 2-07 § 8]

Article II. Boundary Descriptions for No Shooting Areas

8.50.100 Kala Point.

The area described below is hereby established as a no shooting area as provided in Article I of this chapter:

Bordered on the West by Airport Cutoff Road; on the North by Old Fort Townsend Road and the Old Fort Townsend State Park boundary; on the South by Prospect Avenue extending to Port Townsend Bay; and on the East by the Shoreline of Port Townsend Bay.

[Ord. 4-20 § 1 (Appx. A); Ord. 12-95]

8.50.110 Port Ludlow.

The area described below is hereby established as a no shooting area as provided in Article I of this chapter:

The northern boundary begins at the Admiralty Inlet Shoreline adjacent to northern property lines of lots in Port Ludlow #5 at the northern end of Montgomery Lane. The boundary then moves westward across the properties mentioned above along their northern property lines, crosses Oak Bay Road and continues westward along the fire hall northern property line and on west along the northern property lines of Port Ludlow #2, Area 3, at the northern end of Keefe Lane.

At the NW corner of Lot #75 on Keefe Lane the No Shooting boundary turns south along the western side of Jefferson Avenue to the northern property lines of Port Ludlow #2, Area 3 lots along Fleet Drive. The boundary then moves west and then south around the cemetery, across Swansonville Road and continues south along the western side of Talbot Way to the junction of Talbot Way and Walker Way. Here the boundary turns west along the north side of Walker Way and continues as Walker Way becomes a gravel road to the NW corner of the properties in Port Ludlow #6.

The boundary then heads generally south along the western property lines of Port Ludlow #6 to Oak Bay Road. It then turns west along the north side of Oak Bay Road, then south and then east around the Port Ludlow RV Park and commercial area to Paradise Bay Road. The boundary then turns south along the western side of Paradise Bay Road to a point opposite the end of Camber Lane, it then heads SW picking up the outside of the fairways of the Port Ludlow Golf Course staying at the outside fairway points entirely around the western, southern and the eastern portions of the golf course to the southern property lines of Fairwood Village.

The boundary then heads east along the south side of Springwood Drive and across Teal Lake Road. It then swings NE along the property lines of Teal Lake Village on the south side of Outlook Lane. The boundary then heads north along the eastern side of the Osprey Conservation Tract, which is east of the eastern property lines of Teal Lake Village lots at the end of Clear View Place and Seaway Place to Paradise Bay Road. The boundary then continues north across Paradise Bay Road along the eastern property lines of Bay View Village, Divisions 1 and 2 to Ludlow Bay Road. The boundary then turns NE along the SE side of Ludlow Bay Road to the end of Ludlow Beach Tracts #2. It then turns NW to the shoreline of Ludlow Bay.

[Ord. 4-20 § 1 (Appx. A); Ord. 4-96]

8.50.120 Brinnon – Black Point.

The area described below is hereby established as a no shooting area as provided in Article I of this chapter:

The northern boundary begins at and includes the old and new Pleasant Harbor Marinas at mile marker #308 on Highway 101. The boundary then moves southwesterly along the highway to the first Duckabush River Bridge at mile marker #310. The boundary includes all of Black Point surrounded by Hood Canal, to the East of Highway 101 between the above referenced mile markers EXCEPT that portion along the southern boundary known as the Duckabush Flats which is along the Duckabush River Estuary below the shoreline bluff.

[Ord. 4-20 § 1 (Appx. A); Ord. 5-97]

8.50.130 Brinnon.

The area described below is hereby established as a no shooting area as provided in Article I of this chapter:

The area bordered on the east by Highway 101; on the north by the Dosewallips Road; on the west by the power line; and on the south by the Dosewallips River.

[Ord. 4-20 § 1 (Appx. A); Ord. 3-99]

8.50.140 Brinnon – Triton Cove.

The area described below is hereby established as a no shooting area as provided in Article I of this chapter:

The area bordered on the north by an unnamed year around creek from the Hood Canal to the Bonneville power lines (the area under the power lines is to be included in the No Shooting zone); on the West by the far side of the power lines; the East by Hood Canal; and on the South by the Jefferson County line.

[Ord. 4-20 § 1 (Appx. A); Ord. 7-00]

8.50.150 Brinnon – Olympic Canal Tracts.

The area described below is hereby established as a “no shooting” area as provided in Article I of this chapter. The no shooting area is encompassed by the following description:

Beginning at the point of intersection of the centerline of U.S. Highway 101 and the centerline of Duckabush Road;

Thence northwesterly along the centerline of Duckabush Road to the intersection with the most westerly line of the Bonneville power lines;

Thence southwesterly along the most westerly line of the Bonneville power lines to the intersection of said power lines with McDonald Creek;

Thence southeasterly along McDonald Creek to the shoreline of Hood Canal;

Thence northerly along the shoreline of Hood Canal to the tidal area at the mouth of the Duckabush River;

Thence northerly along the shoreline to a point along the shoreline that is due west of the intersection of the centerline of U.S. Highway 101 and the centerline of Duckabush Road;

Thence west to the point of beginning.

Said property being portions of Sections 15, 16, 17, 20, 21, 28 and 29 all in Township 25 North, Range 2 West; Willamette Meridian.

All lying in Jefferson County, state of Washington.

[Ord. 4-20 § 1 (Appx. A); Ord. 12-02]

8.50.160 South Coyle Peninsula.

The area described below is hereby established as a “no shooting” area as provided in Article I of this chapter. The no shooting area is encompassed by the following description:

That portion of Sections 2, 3, 4 and 5 of Township 25 North, Range 1 West, Willamette Meridian, and Sections 27, 28, 29, 32, 33, 34 and 35 of Township 26 North, Range 1 West, Willamette Meridian, described as follows:

Beginning at the Southeast corner of Tax 1 as described under Parcel A in Auditor File Number 488422, Section 28 Township 26 North, Range 1 West Willamette Meridian;

Thence continuing along the extension of the South line of said Tax 1 to the centerline of said Payne Road and the TRUE POINT OF BEGINNING;

Thence Westerly along the extension of the South line and along the South line of said Tax 1 to the Northeasterly corner of Tax 2 as described under Auditor’s File Number 422414;

Thence Southerly and Westerly along the Easterly and Southerly boundary of the parcel identified under said Auditor’s File Number 422414;

Thence continuing Westerly along the extension of the Southerly line of said parcel to the 0.0 low tide mark in Dabob Bay;

Thence Southerly along the 0.0 low tide mark of Dabob Bay, and Northerly and Easterly along the 0.0 low tide mark of Hood Canal to the point of intersection of the centerline of East Go-onna Beach Drive extended Easterly from the most Easterly point of said centerline located in the Southwest 1/4 of Section 27, Township 26 North, Range 1 West, Willamette Meridian, and said 0.0 low tide mark of Hood Canal;

Thence Westerly along said extension and the centerline of East Go-onna Beach Drive to the intersection of said East Go-onna Beach Drive with the centerline of Coyle Road;

Thence Northerly and Easterly along the centerline of Coyle Road to the intersection of said road with the centerline of Payne Road;

Thence Westerly and Southerly along the centerline of Payne Road to the TRUE POINT OF BEGINNING;

EXCEPTING THEREFROM any portion of the following described parcels that lie within the above described bounds and that do not lie within the Northerly and Easterly 200 foot setback from the centerline of Zelatched Point Road, within the Northerly and Westerly 200 foot setback from the centerline Coyle Road or within the Southerly and Easterly 200 foot setback from the centerline Payne Road:

The South one half of the Southeast quarter of Section 28, Township 26 North, Range 1 West, Willamette Meridian, lying Southerly and Easterly of Payne Road;

The Northeast quarter of Section 33, Township 26 North, Range 1 West, Willamette Meridian, lying Northerly and Westerly of Coyle Road;

The South one half of the Northwest of Section 33, Township 26 North, Range 1 West, Willamette Meridian, lying Northerly and Easterly of Zelatched Road; and

The Northwest quarter of the Southeast quarter of Section 33, Township 26 North, Range 1 West, Willamette Meridian, lying Northerly and Easterly of Zelatched Road and Northerly and Westerly of Coyle Road;

Situate in Jefferson County, Washington.

[Ord. 4-20 § 1 (Appx. A); Ord. 13-19 §§ 1, 2 (Att. A); Ord. 12-14 § 1; Ord. 20-02]

8.50.170 Paradise Bay.

The area described below is hereby established as a no shooting area as provided in Article I of this chapter.

All of the land lying within the following bounds:

Beginning at the intersection of the most northerly line of Tract A of the Plat of Woodridge Village Division 1 as recorded in Volume 7 Pages 47 through 50 of Plats, Jefferson County, state of Washington and the easterly margin of Teal Lake Road;

Thence northeasterly along said northerly line of said Tract A to the intersection of said line with the southerly margin of Crestview Drive as recorded in the Plat Amendment to Teal Lake Village Volume 6 Pages 186 through 197 of Plats, Jefferson County, state of Washington;

Thence in a straight line northeasterly to the intersection of said line with a point located at the intersection of the southerly boundary of Tract C of the said plat of Woodridge Village Division 1 and the northerly margin of said Crestview Drive;

Thence northerly along the northerly margin of said Crestview Drive, said margin also being the westerly boundary of said Tract C, to the southerly margin of Outlook Lane as recorded in said plat of Amendment to Teal Lake Village, said line also being the northerly line of said Tract C;

Thence easterly along the northerly boundary of said Tract C to the intersection of said line with the most easterly boundary of said plat of Amendment to Teal Lake Village;

Thence northerly along the easterly boundary of said plat of Amendment to Teal Lake Village to the intersection of said line with the southerly margin of Paradise Bay Road;

Thence along said southerly and westerly margin in an easterly and southerly direction to the intersection of said westerly margin of Paradise Bay Road with the North line of Section 22, Township 28 North, Range 1 East, W.M.;

Thence easterly along the North line of said Section 22 to the mean lower low water boundary of Hood Canal;

Thence southeasterly and easterly along said mean lower low water boundary to Point Hannon and the easterly mean lower low water boundary of Hood Canal in Section 25, Township 28 North, Range 1 East, W.M.;

Thence following the mean lower low water boundary of Hood Canal through Sections 25, 26, 35 and 36, all lying in Township 28 North, Range 1 East, and Section 2, Township 27 North, Range 1 East, W.M., to the intersection with the northerly margin of State Route 104 with said mean lower low water boundary of Hood Canal;

Thence northwesterly along the north margin of State Route 104 to the intersection of said margin with the easterly margin of Paradise Bay Road;

Thence northerly and northwesterly along the easterly margin of Paradise Bay Road to the south line of Section 23, Township 28 North, Range 1 East, W.M.;

Thence westerly along said south line of Section 23 to the intersection with the westerly margin of Paradise Bay Road;

Thence southerly along the westerly margin of Paradise Bay Road to the intersection with the northerly margin of Andy Cooper Road;

Thence westerly along the northerly margin of said Andy Cooper Road to the intersection with the easterly margin of Teal Lake Road;

Thence northwesterly along the easterly margin of Teal Lake Road to the point of beginning of this description.

All situated within Jefferson County, Washington.

[Ord. 4-20 § 1 (Appx. A); Ord. 4-08 § 1]

8.50.180 Chimacum Creek.

The area described below is hereby established as a no shooting area as provided in Article I of this chapter.

All of the following described lands, being a portion of Sections 34 and 35, Township 30 North, Range 1 West, W.M., and Sections 2 and 3, Township 29 North, Range 1 West, W.M., lying within the following bounds:

Beginning at the intersection of centerline of as-built Prospect Avenue extended Easterly to the westerly shoreline of Port Townsend Bay said point being the True Point of Beginning of this description;

Thence Westerly along the centerline of as-built Prospect Avenue to the intersection of said road with the centerline of State Route 19, also known as Airport-Cutoff Road;

Thence Southeasterly along the centerline of said State Route 19 to the intersection with the centerline of Irondale Road;

Thence Easterly along the centerline of Irondale Road to the intersection with the centerline of platted Market Street as said road is platted in the plat of Harrisburg recorded in Volume 1 Page 16 records of Jefferson County, Washington;

Thence Easterly along said centerline of Market Street to the centerline of Maple Street as platted on said plat;

Thence continuing Easterly along the centerline of platted Market Street lying North of Block 40 and Reserve A, as platted in the plat of Irondale, recorded in Volume 3 Page 5 records of Jefferson County, Washington and the extension of said Market Street to the Westerly shoreline of Port Townsend Bay;

Thence Northerly and Westerly, upland of the 0.0 low tide mark with a line at the mouth of Chimacum Creek between the following coordinates: -122.771 48.049D DD to -122.771.48.049 DD, within Port Townsend Bay to the True Point of Beginning.

All lying and being in Jefferson County, Washington.

[Ord. 4-20 § 1 (Appx. A); Ord. 3-17 § 1; Ord. 11-08 § 1]

8.50.190 Tala Shore.

The area described below is hereby established as a no shooting area as provided in Article I of this chapter.

That portion of Section 15, Township 28 North, Range 1 East, W.M., Jefferson County, Washington, encompassed within the following described boundary:

Beginning at the intersection of the South Section line of Section 15, Township 28 North, Range 1 East, W.M. Jefferson County, State of Washington and the centerline of a private road known as East Ludlow Ridge Road, as said private road is described in Auditor File Number 285012 records of Jefferson County, Washington; Thence Northerly along said private road centerline to the North line of the Southeast Quarter of the Northwest Quarter of Sections 15, Township 28 North, Range 1 East; Thence Easterly along said North line of the Southeast Quarter of the Northwest Quarter of Sections 15 to the Northwest corner of Government Lot 4; Thence Easterly along the North line of Government Lot 4 and the Easterly extension of the North line of Government Lot 4 to the 0.0 low tide mark within Hood Canal,

Thence Southerly along said 0.0 low tide mark within Hood Canal to the intersection of said 0.0 low tide mark with the Easterly extension of the South section line of said Section 15; Thence West along said Easterly extension of said South section line and the South section line of Section 15, Township 28 North, Range 1 East, to the intersection of said South line and the centerline of the private road known as East Ludlow Ridge Road said point being the point of beginning of this description.

TOGETHER WITH:

All of Section 10, Township 28 North, Range 1 East, W.M. Jefferson County, State of Washington.

All situated in Jefferson County, State of Washington.

[Ord. 4-20 § 1 (Appx. A); Ord. 6-14 §§ 1, 2]

8.50.200 Ocean Grove.

The area described below is hereby established as a no shooting area as provided in Article I of this chapter.

Albert Balch and Harry Cotton’s Ocean Grove Estates, as per plat recorded in Volume 4 of Plats, Page 20, records of Jefferson County, Washington;

TOGETHER WITH Albert Balch and Harry Cotton’s Ocean Grove Estates No. 2, as per plat recorded in Volume 4 of Plats, Page 27, records of Jefferson County, Washington;

TOGETHER WITH that portion of Government Lot 4, Section 24, Township 30 North, Range 2 West, W.M., not included in said Albert Balch and Harry Cotton’s Ocean Grove Estates and in Albert Balch and Harry Cotton’s Ocean Grove Estates No. 2.

TOGETHER WITH that portion of Lot 5 of survey recorded in Volume 11 of Surveys, Page 54, under Auditor’s File Number 328912, located within Government Lot 5, Section 24, Township 30 North, Range 2 West, W.M., described as follows:

Beginning at the Northwest corner of said Lot 5;

Thence proceeding on a bearing of S 88° 30’ 34” East 67.21 feet along the North line of said Lot 5 to the Southwest corner of Lot 12, plat of Ocean Grove No. 2, Volume 4 of Plats, Page 27, records of Jefferson County;

Thence continuing South 88° 30’ 34” East 76.22 feet to the Southeast corner of said Lot 12;

Thence turning South 26° 34’ 58” West 166.11 feet to a rebar and cap marked “Parrish, LS 29535”;

Thence continuing South 26° 34’ 58” West 9.07 feet;

Thence North 83° 52’ 04” West 69.36 feet to the West boundary of said Lot 5;

Thence North 01° 29’ 25” East 8.53 feet to a rebar and cap marked “Parrish, LS 29535” and the West line of said Lot 5;

Thence along the West line of Lot 5 North 01° 29’ 25” East 144.51 feet to the Point of Beginning;

TOGETHER WITH Albert Balch and Harry Cotton’s Ocean Grove Estates No. 3, as per plat recorded in Volume 4 of Plats, Page 31 and amended in Volume 6 of Plats, Page 138-139, records of Jefferson County, Washington.

[Ord. 4-20 § 1 (Appx. A); Ord. 1-17 § 1]

8.50.205 Cape George Colony.¹

The Cape George Colony no shooting area is hereby created as provided in Article I of this chapter.

The boundaries of the Cape George no shooting area are as follows:

Cape George Colony Division No. 1, as per plat recorded in Volume 4 of Plats, Page 21, records of Jefferson County, Washington;

Cape George Colony Division No. 2, as per plat recorded in Volume 4 of Plats, Page 22, records of Jefferson County, Washington;

Cape George Colony Division No. 3, as per plat recorded in Volume 4 of Plats, Page 23, records of Jefferson County, Washington;

Cape George Colony Division No. 4, as per plat recorded in Volume 4 of Plats, Page 24, records of Jefferson County, Washington;

Cape George Colony Division No. 5, as per plat recorded in Volume 4 of Plats, Page 32, records of Jefferson County, Washington;

Cape George Colony Division No. 6, as per plat recorded in Volume 4 of Plats, Page 48, records of Jefferson County, Washington;

Cape George Colony Division No. 7, as per plat recorded in Volume 4 of Plats, Page 51, records of Jefferson County, Washington;

Cape George Village Division No. 1, as per plat recorded in Volume 4 of Plats, Page 41, records of Jefferson County, Washington;

Cape George Village Division No. 2, as per plat recorded in Volume 4 of Plats, Page 44, records of Jefferson County, Washington;

Cape George Village Division No. 3, as per plat recorded in Volume 4 of Plats, Page 60, records of Jefferson County, Washington;

Cape George Village Division No. 4, as per plat recorded in Volume 4 of Plats, Page 75, records of Jefferson County, Washington;

Cape George Village Division No. 5, as per plat recorded in Volume 5 of Plats, Page 16, records of Jefferson County, Washington;

Cape George Village Division No. 6, as per plat recorded in Volume 5 of Plats, Page 17, records of Jefferson County, Washington;

Cape George Village Division No. 7, as per plat recorded in Volume 5 of Plats, Page 76, records of Jefferson County, Washington;

Cresthaven Subdivision as per plat recorded in Volume 6 of Plats, Pages 91 and 92, records of Jefferson County, Washington;

Ingersoll’s Addition as per plat recorded in Volume 2 of Plats, Page 5, records of Jefferson County, Washington;

TOGETHER with all that real estate lying Westerly of platted areas in Government Lots 1 and 2, Section 13, and Government Lots 3 and 4, Section 12, all in Township 30 North, Range 2 West, W.M. (Parcels 002123001, 002123003, & 002132002);

AND TOGETHER with that portion of Government Lot 4 and of the Southwest Quarter of the Southeast Quarter of Section 12, Township 30 North, Range 2 West, W.M., described as follows: Beginning at the Northeast corner of Lot 16 in Block 10 of Cape George Colony, Division No. 4, as per plat recorded in Volume 4 of Plats on Page 24, records of Jefferson County, Washington, being a point of the Westerly margin of County Road No. 40; thence North 77°50' West, along the Northerly lines of Lots, 16, 15, 14, 13, and 12, in said Block 10; a distance of 455.34 feet to the Easterly line of Lot 2 in said Block 10; thence North 3°04' East, along the Easterly line of Lots 2 and 1 in said Block 10, a distance of 253.7 feet to the Southerly line of Cape George Drive as shown on the Plat of Cape George Colony Division No. 3, as per plat recorded in Volume 4 of Plats, Page 23, records of Jefferson County, Washington; thence Easterly, along said Southerly Line, to said Westerly margin of County Road No. 40; thence Southerly, along said Westerly margin, to the point of beginning (Parcel 002123002).

Cape George No Shooting Area Map

[Ord. 6-22 §§ 1, 2 (Att. A)]

8.50.207 Greater Jolie Way and Silver Berry Place.²

The Greater Jolie Way and Silver Berry Place no shooting area is hereby created as provided in Article I of this chapter.

The boundaries of the Greater Jolie Way and Silver Berry Place no shooting area are:

That portion of Southeast 1/4 of Section 6, Township 30 North, Range 1 West, W.M., and Northeast 1/4 of Section 7, Township 30 North, Range 1 West, W.M., and Southeast 1/4 of Section 7, Township 30 North, 1 West, W.M., Jefferson County, Washington described as follows:

Beginning at the Southwest corner of Lot 2 of Cook Short Plat, as per plat recorded in Volume 1 of Short Plats, page 157, records of Jefferson County, Washington;

Thence East along the southerly line of Lots 2, 3, and 4 of said Cook Short Plat to the Northwest corner of Lot 1 of Schroeder & McGee Short Plat, as per plat recorded in Volume 5 of Short Plats, pages 118 and 119, records of Jefferson County, Washington;

Thence South along the Westerly line of Lot 1 of said Schroeder & McGee Short Plat to the Northerly line of Section 7, Township 30 North, Range 1 West, W.M.;

Thence East to the Northeast corner of the West 1/2 of the Northeast 1/4 of the Northeast 1/4 of said Section 7;

Thence South to the Northwest corner of the Southeast 1/4 of the Northeast 1/4 of the Northeast 1/4 of said Section 7;

Thence East to the Northeast corner of the West 1/2 of the Southeast 1/4 of the Northeast 1/4 of the Northeast 1/4 of said Section 7;

Then South along the easterly line of the West 1/2 of the Southeast 1/4 of the Northeast 1/4 of the Northeast 1/4 said Section 7 to the Northwest corner of the East 1/2 of the Northeast 1/4 of the Southeast 1/4 of the Northeast 1/4 of said Section 7;

Thence East to the Southeast corner of the Northeast 1/4 of the Northeast 1/4 of said Section 7;

Thence South to the Southeast corner of the Northeast 1/4 of the Southeast 1/4 of said Section7;

Thence West to the Southwest corner of the Northeast 1/4 of the Southeast 1/4 of said Section 7;

Thence North to the Northeast corner of the South 1/2 of the Southeast 1/4 of the Northwest 1/4 of the Southeast 1/4 of said Section 7;

Thence West to the Northwest corner of the South half of the Southeast 1/4 of the Northwest 1/4 of the Southeast 1/4 of said Section 7;

Thence North to the Northeast corner of the Southwest 1/4 of the Northwest 1/4 of the Southeast 1/4 of said Section 7;

Thence West to the Westerly line of the Southeast 1/4 of said Section 7; Thence North to the Northwest corner of the Southeast 1/4 of said Section 7;

Thence East to the Southwest corner of the West 1/2 of the West 1/2 of the Northeast 1/4 of said Section 7;

Thence North to the Southeast corner of the Fox/Maland/McCormick Short Plat, as per plat recorded in Volume 2 of Short Plats, page 125, records of Jefferson County, Washington;

Thence along the Southerly line and Westerly line of said Fox/Maland/McCormick Short Plat to the Northwest corner of said Plat;

Thence North 65°37'20'' West, 611.80 feet to the East line of the county road.

Thence Northeasterly along the East line of county road to the point of beginning.

Greater Jolie Way and Silver Berry Place No Shooting Area Map

[Ord. 7-22 §§ 1, 2 (Att. A)]

Article III. Commercial Shooting Facilities

8.50.210 Purpose.

The purpose of this article is to provide uniform requirements for the operation of all commercial shooting facilities in unincorporated parts of the county. These requirements include provisions that:

(1) Establish an operational permitting procedure and rules for the operation of commercial shooting facilities that protect the health and safety of participants, spectators, neighboring properties and the public;

(2) Include appropriate measures designed to make the discharge of firearms safe during the operation of commercial shooting facilities; and

(3) Promote the continued availability in the county of shooting facilities for firearm education, training, and practice in the safe use of firearms, and firearm sports, without prohibiting or expressly regulating the discharge of firearms. [Ord. 4-20 § 1 (Appx. B)]

8.50.220 Definitions.

The following definitions shall apply in the interpretation and enforcement of the ordinance codified in this article:

(1) “Aggrieved party” means a person or persons who can demonstrate that a decision by the director or a hearing examiner will prejudice them or their interests that are protected by federal or state law or JCC.

(2) “Annual inspection” means the annual inspection required by JCC 8.50.230(5)(c).

(3) “Applicant” means a person applying for an operating permit.

(4) “Armed forces” means the armed forces of the United States or of the National Guard or organized reserves.

(5) “BMP” means best management practice or practices, which are systems of practices, schedules of activities, maintenance procedures, and management measures that prevent or minimize adverse impacts to the environment.

(6) “Bullet” means a single projectile fired from a firearm.

(7) “Cartridge” means a self-contained unitized round of ammunition that is made up of a case, a primer, powder, and a bullet. The case usually is made of brass but may be steel, metal alloy or plastic.

(8) “CFR” means the Code of Federal Regulations, as it now exists or is later amended.

(9) “Cold range” means a shooting range open to the public on which all firearms are to be unloaded at all times, unless instructed otherwise by a range master or a range officer.

(10) “Commercial shooting facility” means an indoor shooting facility or outdoor shooting facility designed and specifically designated for safe shooting practice with firearms, whether open to the public, open only to private membership, or any combination of the above that for the use of the commercial shooting facility requires a contract, charges a fee or other compensation, or requires membership. In addition, where property is used primarily for lawful shooting practice for guests of the owner, and where the other uses of the property either facilitate shooting practice or are incidental, intermittent or occasional and whether or not payment is received, it is presumed that the property used for lawful shooting practice is a commercial shooting facility. The term “commercial shooting facility” does not include:

(a) Shooting facilities that are both owned and operated by any instrumentality of the United States, the state of Washington, or any political subdivision of the state of Washington; or

(b) Any portion of a privately owned property used for lawful shooting practice solely by its owner or the owner’s guests without payment of any compensation to the owner of the privately owned property or to any other person, except where the property is presumed to be a commercial shooting facility, as described above.

(11) “Containment” means the prevention of projectiles from leaving a shooting range during operations.

(12) “Cowboy action shooting” means a type of match using one or a combination of firearms in “Old West themed” courses of fire for time and accuracy.

(13) “Department” means the county public health department’s division of environmental public health.

(14) “Director” means the director of the department.

(15) “Environmental component” means the portion of the safety and environmental health plan that contains the plan related to managing solid waste and lead by implementing generally accepted BMPs as required by JCC 8.50.240(4).

(16) “Expansion” means any proposed change that increases the operations permitted for a commercial shooting facility, including expansions of a commercial shooting facility lawfully operating as of the effective date of the ordinance codified in this article. Examples of expansions include but are not limited to adding firing positions, increasing periods of operations, increasing permitted firearm caliber or range, or increasing size of shot fall or direct fire zones. Modifications made solely through routine maintenance of a commercial shooting facility, such as the installation of sewer, water or other utilities, pavement of a parking lot, the installation of safety baffles, construction of side or backstop berms, or the construction or remodeling of a clubhouse, shall not be considered an expansion under this chapter.

(17) “Exploding target” means a target that explodes when hit by a projectile.

(18) “Explode” means burst or shatter violently and noisily from rapid combustion, decomposition, excessive internal pressure, or other process, typically scattering fragments widely.

(19) “Firearm” has the same meaning as in JCC 8.50.040.

(20) “Firing line” means a line parallel to the targets from which firearms are discharged.

(21) “Firing point” means a location from which one individual fires at an associated target located downrange.

(22) “Hazardous substance” means any liquid, solid, gas, or sludge, including any material, substance, product, commodity, or waste, regardless of quantity, that exhibits any of the physical, chemical, or biological properties described in WAC 173-303-090 or 173-303-100.

(23) “Hazardous waste” means those solid wastes designated by 40 CFR Part 261 and regulated as hazardous and/or mixed waste by the United States EPA.

(24) “Hot range” means a shooting range on which all firearms are allowed to be loaded at all times.

(25) “Indoor shooting facility” means a commercial shooting facility within a fully enclosed structure, including lawful incidental sales of firearms, ammunition, component parts and accessories.

(26) “JCC” means the Jefferson County Code, as it now exists or is later amended.

(27) “Law enforcement officer” means “federal peace officer” as defined in RCW 10.93.020(6), “general authority Washington peace officer” as defined in RCW 10.93.020(3), “law enforcement officer” as defined in RCW 9.41.010(13), “peace officer” as defined in RCW 43.101.010(11), “limited authority Washington peace officer” as defined in RCW 10.93.020(4), “qualified law enforcement officer” as defined in 18 U.S.C. Section 928B(c) and “specially commissioned Washington peace officer” as defined in RCW 10.93.020(5). For the avoidance of doubt, “law enforcement officer” includes federal, tribal, state, and local members of law enforcement organizations certified by their jurisdiction to enforce the laws of that jurisdiction.

(28) “Life safety incident” means an incident that causes ballistic trauma to humans, domestic animals, or property.

(29) “Member of the armed forces” means a member of the armed forces.

(30) “NRA Range Source Book” means the 2012 version of the NRA Range Source Book published by the National Rifle Association.

(31) “Operations component” means the portion of the safety and environmental health plan that contains the written procedures or policies of a commercial shooting facility that specifically define the operations requirements for the commercial shooting facility as required by JCC 8.50.240(3).

(32) “Operator” means the person operating the commercial shooting facility.

(33) “Operating permit” means the operating permit required by this article.

(34) “Or” means both “or” and “and/or.”

(35) “Outdoor shooting facility” means a commercial shooting facility that is not an indoor facility.

(36) “Owner” means the holder of title to the real property on which a commercial shooting facility is located.

(37) “Person” means “person” as that term is defined in RCW 1.16.080.

(38) “Practical shooting” means a sport that challenges an individual’s ability to shoot rapidly and accurately with a firearm. To do this, shooters take on obstacle-laden shooting courses called stages, some requiring many shots to complete, and others just a few. While scoring systems vary between practical shooting organizations, each measures the speed with which the stage is completed, with penalties for inaccurate shooting.

(39) “Projectile” means an object fired from a firearm.

(40) “Provisional operating permit” means a provisional operating permit issued pursuant to JCC 8.50.230(4)(c).

(41) “Qualified shooting range evaluator” means a person who has been an NRA range technical team advisor or who is a professional engineer with expertise in the design of shooting ranges.

(42) “Range master” or “range officer” means a person or persons trained and appointed by the operators of a commercial shooting facility to oversee the safe discharge of firearms in accordance with the requirements of this article and any additional safety specifications that may be adopted by the operators of the commercial shooting facility. At a minimum, a range master or a range officer shall complete the necessary training and obtain certification to be a range master or range officer from the National Rifle Association, the NROI National Range Officer Institute, the IDPA International Defensive Pistol Association, the SASS Single Action Shooters Society, the CMP Civilian Marksmans Program, the Washington State Criminal Justice Commission, the armed forces or, as determined by the director, other training equivalent to the National Rifle Association training for certification as a range master or range officer.

(43) “RCW” means the Revised Code of Washington, as it now exists or is later amended.

(44) “Report of violation” means a report of a violation of this article received by the department or the sheriff.

(45) “Rules and regulations” means requirements used in the operation of a commercial shooting facility that minimize the risk of threatened harm.

(46) “Safety fan” means all areas in or outside a shooting range where projectiles may impact or ricochet when firearms are operated in accordance with rules and regulations (as defined above). The safety fan extends to the maximum range of the most powerful cartridge and firearm used on the shooting range.

(47) “Safety component” means the portion of the safety and environmental health plan that contains the written procedures or policies of a commercial shooting facility that specifically define the safety requirements for the commercial shooting facility as required by JCC 8.50.240(2).

(48) “Sheriff” means the elected sheriff of Jefferson County or designee.

(49) “Shooting range” consists of a firing line or firing points, and an impact area.

(50) “Target” means a mark to shoot at.

(51) “Threatened harm” means a reasonable likelihood that humans, domestic animals, or property has been or will be jeopardized by the operations of the commercial shooting facility.

(52) “Tracer or incendiary ammunition” means any ammunition causing or designed to cause fires and includes a projectile or shell that traces its own course in the air with a trail of smoke, chemical incandescence, or fire to facilitate adjustment of the aim of a firearm.

(53) “U.S.C.” means the United States Code, as it now exists or is later amended.

(54) “WAC” means the Washington Administrative Code, as it now exists or is later amended. [Ord. 4-20 § 1 (Appx. B)]

8.50.230 Operating permit required.

(1) Commercial shooting facilities shall be authorized and operated in accordance with an operating permit issued by the department. No proposed or established commercial shooting facility may operate without an operating permit. Failure to obtain an operating permit shall result in closure of the commercial shooting facility until such time a permit is obtained. Commercial shooting facilities that operate without an operating permit are subject to enforcement, including but not limited to injunctive relief. The operating permit shall govern the scope of operations of each commercial shooting facility, and shall be issued, denied, or conditioned based upon the standards set forth in this article.

(2) An expansion, as defined in JCC 8.50.220(16), of a commercial shooting facility shall require a new operating permit.

(3) Discretionary Use Permit and Operating Permit for Commercial Shooting Facilities May Be Considered by the Hearing Examiner at the Same Time. If the owner or operator of a proposed new commercial shooting facility applies for an operating permit and a discretionary use permit application, a hearing examiner may consider both applications at the same time pursuant to Chapter 2.30 JCC, but the requirements and procedures under this chapter and under JCC Title 18 are separate and distinct and must be followed separately.

(4) Provisional Operating Permit for Established Commercial Shooting Facilities.

(a) The owner or operator of an established commercial shooting facility in active use on the effective date of the ordinance codified in this article shall apply for an operating permit not later than 180 days after the effective date of the ordinance codified in this article or within such other period as established by the director in consultation with the applicant.

(b) Subject to subsection (4)(c) of this section, an established commercial shooting facility must obtain an operating permit within one year of the application required by subsection (4)(a) of this section.

(c) If the professional evaluation (JCC 8.50.240(6)) does not demonstrate full compliance with this article, then a provisional operating permit may be issued by the director, provided all life safety deficiencies identified in the professional evaluation must be corrected prior to issuance of the provisional operating permit.

(d) Provisional operating permits do not vest the applicant to any Jefferson County Code requirements.

(i) Other Deficiencies.

(A) In consultation with the owner or operator, the qualified shooting range evaluator who performed the professional evaluation and the director will establish a timeline for remedying all the other deficiencies noted in the professional evaluation that are not life safety deficiencies.

(B) If the director concludes that agreement on the timeline for correction of the other deficiencies cannot be reached, the director shall provide written notice of agreement to attend mediation to the applicant to be concluded within 60 days, along with a proposed timeline for correction of the other deficiencies.

(C) If the applicant does not agree to mediation within seven days after the director sends written notice, the timeline for correction of the other deficiencies proposed by the director pursuant to subsection (4)(d)(i)(B) of this section shall be established.

(D) The applicant may appeal the establishment of the timeline for correction of the other deficiencies established pursuant to subsection (4)(d)(i)(C) of this section to the hearing examiner pursuant to Chapter 2.30 JCC.

(E) The provisional operating permit shall be issued only on the condition of acceptance by the applicant of the timeline established for correction of the other deficiencies.

(F) Failure to adhere to the timeline for correction of the other deficiencies may result in a notice of correction served by the department on the owner or operator of the commercial shooting facility.

(G) Following a notice of correction, the director and the owner or operator of the commercial shooting facility may meet to develop a compliance plan. The compliance plan shall establish a reasonable and specific time frame for compliance with the timeline for correction of the other deficiencies. The voluntary correction process is optional as deemed by the director. If the director believes that the requirements of a voluntary correction plan are not being met, the director shall revoke the provisional operating permit.

(H) Failure to adhere to the timeline for correction of the other deficiencies 30 days after issuance of the notice of correction or after failure to adhere to a compliance plan shall constitute sufficient grounds for the director to terminate immediately the provisional operating permit.

(I) Termination of a provisional operating permit by the director may be appealed pursuant to JCC 8.50.260.

(J) When all other deficiencies have been corrected, the director shall issue an operating permit.

(5) Inspections and Annual Report Required.

(a) Preoperation Inspection. Prior to issuing any operating permit or provisional operating permit, the department shall inspect the commercial shooting facility to determine that the commercial shooting facility complies with all the requirements in the approved operating permit application.

(b) Annual Report. The holder of the operating permit shall submit a report to the department on an annual basis in a form required by the department. The annual report is due each year on the last day of the same month the operating permit was issued. The annual report shall include:

(i) A written statement by the owner of the commercial shooting facility declaring that the commercial shooting facility is compliant with the initial operating permit approval;

(ii) A statement of any changes to the components required by JCC 8.50.240(1)(a) through (d), as submitted in the application; and

(iii) A current statement of general liability insurance and any monitoring data required by an operating permit.

(c) Annual Inspection. After issuance of an operating permit, commercial shooting facilities shall be subject to an annual inspection by the department following submission of the annual report required by this section. The department shall develop a checklist for an annual inspection. The checklist for the annual inspection shall be provided to the operator at the time the operating permit is issued and shall be effective during the term of the operating permit.

(d) Noncompliance Inspection. A noncompliance inspection shall be triggered upon receipt by the director of any of the following claims:

(i) A claim of noncompliance with the operating permit; or

(ii) A claim that there exists either a life safety incident or threatened harm.

For noncompliance inspections:

(i) The department shall have the authority to establish procedures for noncompliance inspections;

(ii) The department shall contact the commercial shooting facility within one business day after receipt by the department of a claim pursuant to this subsection (5)(d) and shall give the commercial shooting facility a written notice of the claim; and

(iii) The owner or operator shall make the commercial shooting facility available for inspection not later than two business days after receiving a request for an inspection from the department.

(e) Following an annual inspection or a noncompliance inspection:

(i) The department shall inform the owner or operator in writing of any deficiencies or corrective actions to be taken, which may include any of the actions authorized by subsection (5)(f) of this section;

(ii) The owner or operator shall take corrective action within a reasonable time, as determined by the department in consultation with the operator; and

(iii) The owner or operator shall allow the department to conduct follow-up inspections to verify that corrective action has been taken.

(f) Life Safety Incident. If the director determines there was a life safety incident:

(i) The director may suspend or modify the operating permit, close the commercial shooting facility or a shooting range, or modify shooting range operations;

(ii) The director shall provide the owner or operator a written notice that shall set forth each claimed life safety incident with a specific reference to applicable violation of this article or operating permit and the corrective measures to be taken;

(iii) The owner or operator shall respond in writing to the written notice provided by the director and shall take any necessary corrective measures within a reasonable time, as determined by the department in consultation with the operator;

(iv) The owner or operator shall allow the department to conduct follow-up inspections to verify that corrective action has been taken;

(v) The department shall verify that corrective action has been taken; and

(vi) Until the corrective measures are completed and verified, the director’s determination in subsection (5)(f)(i) of this section shall remain in effect.

(g) Effect of a Suspension of an Operating Permit. An operating permit that has been suspended requires the commercial shooting facility to cease any firing activities until the permit has been reinstated by the director.

(h) Land Use Permits Also May Be Required. In addition to the operating permit required by this article, a separate permit may be required under JCC Title 18. [Ord. 4-20 § 1 (Appx. B)]

8.50.240 Application for a commercial shooting facility operating permit.

(1) Required Components. The application for a commercial shooting facility operating permit shall contain a safety and environmental health plan with the components required in the subsections that follow:

(a) Safety component;

(b) Operations component;

(d) Sound suppression component;

(e) Professional evaluation;

(f) Certification; and

(g) A list of all property owners prepared by a title company within the distance of the safety fan, but no less than one mile.

(2) Safety Component. The safety component shall contain at least the following elements:

(a) The safety fan for each shooting range proposed;

(b) Approximate location of buildings on adjoining property;

(d) An emergency plan, to include provision for immediate notification to 911 of any life safety incident and on the next business day to the department;

(e) Methods for documenting the accidental or unintended release of a bullet anywhere at or from the commercial shooting facility, which documentation shall be transmitted to the department within seven days of the release;

(f) Provisions for the safe loading and unloading of firearms;

(g) A requirement that range masters and range officers shall complete the necessary training and obtain certification to be a range master or range officer;

(h) A requirement that at least one range master or range officer be present when shooting is occurring whenever the commercial shooting facility is open to the public;

(i) A requirement that when the commercial shooting facility is closed to the public, a commercial shooting facility member who has passed the minimum training requirements of the range shall be present;

(j) Provision for specific safety requirements for all cowboy action shooting, practical shooting, and similar sports shooting matches at any shooting range;

(k) Rules and regulations for changing the use of shooting ranges from cold ranges to hot ranges or vice versa;

(l) A means for participants and spectators to readily contact emergency services such as fire or emergency medical services;

(m) Provision for emergency services access by vehicle or air transport;

(n) A requirement prohibiting the use of alcohol, cannabis or other drugs at the commercial shooting facility when it is open to the public or shooting is occurring;

(o) A requirement that drones may not be flown by anyone on the commercial shooting facility when open to the public or while shooting is being conducted;

(p) A requirement that no shooting take place after dark at an outdoor shooting facility, except for law enforcement officers or members of the armed forces provided such shooting after dark for law enforcement officers or members of the armed forces does not occur after 10:00 p.m., shooting does not exceed four hours, and the maximum days shooting after dark is allowed does not exceed one day per week; and

(q) A requirement for an indoor shooting facility that no shooting take place outdoors.

(3) Operations Component. The operations component shall contain at least the following elements:

(a) The days of the week and the hours of operations;

(b) Whether the commercial shooting facility will be open to the public, open only to private membership, open to training for groups or organizations, or any combination of these;

(c) A description of any activities that would not be overseen by the owner or operator and how the owner or operator will obtain compliance with the operating permit for these activities;

(d) The types and largest caliber of firearms and ammunition to be allowed on each shooting range;

(e) Type of shooting proposed on each shooting range;

(f) Whether exploding targets are to be used. If so, a plan for mitigation of noise impacts on neighbors;

(g) A requirement that the owner or operator maintain comprehensive general liability insurance coverage, with a minimum coverage amount of $1,000,000 for each occurrence and combined single limit and $2,000,000 in the aggregate during operation of the commercial shooting facility;

(h) A requirement that certificates of insurance for all policies that provide insurance coverage for the commercial shooting facility be provided to the department evidencing continuous insurance coverage required by the operations component within 15 days of approval of the operations permit that include:

(i) The limits of coverage;

(ii) The names and addresses of all certificate holders; and

(iii) A statement that the insurance policy shall not be canceled or allowed to expire except on 30 days’ prior written notice to the department;

(i) A requirement that the department be notified of any change in the insurance required by the operations component.

(4) Environmental Health Component. The environmental health component shall contain the following minimum requirements:

(a) BMPs for the collection and disposal of bullets, cartridges, and shotgun wadding.

(b) At indoor facilities, BMPs for lead as recommended by the National Institute for Occupational Safety and Health (NIOSH) in its 2009 publication entitled NIOSH Alert – Preventing Exposures to Lead and Noise at Indoor Firing Ranges, as it exists now or later is amended.

(c) At outdoor facilities, BMPs for lead as recommended by USEPA Region 2 in its 2005 publication entitled Best Management Practices for Outdoor Shooting Ranges, as it exists now or later is amended.

(d) If, other than lead, any hazardous substance or hazardous waste will be kept at the commercial shooting facility, the environmental health component shall also include:

(i) A plan for compliance with requirements under existing law for the handling and closure of facilities for storage or use of the hazardous substance or hazardous waste; and

(ii) A plan for financial assurance consistent with existing law for addressing any remediation of hazardous substances or hazardous waste.

(5) Sound Suppression Component. The sound suppression component shall contain the following minimum requirements:

(a) Identify potential noise issues and potential solutions to those issues;

(b) Describe proposed methodologies and technologies to mitigate noise from operations;

(d) Contain BMPs to maximize sound suppression consistent with the NRA Source Book and Chapter 8.70 JCC (Noise Control).

(6) Professional Evaluation.

(a) The professional evaluation shall be the responsibility of the county under the direction of the director and shall be performed by a qualified shooting range evaluator.

(b) If requested, the applicant shall allow for an inspection of the commercial shooting facility by the qualified shooting range evaluator.

(c) The qualified shooting range evaluator shall provide a written evaluation of the level of safety of the operations proposed in the operating permit application, which shall contain:

(i) An evaluation of all safety issues not addressed by the operating permit application;

(ii) An evaluation of all proposed operations to ensure consistency with the NRA Range Source Book;

(iii) An evaluation of whether the commercial shooting facility’s operations described in the application for an operating permit minimize threatened harm;

(iv) The signature of the qualified shooting range evaluator;

(v) For new commercial shooting facilities, a certification that the operating permit application satisfies all the requirements of this article;

(vi) For established commercial shooting facilities, the evaluation shall classify the ways in which the facility is currently noncompliant with this article according to the following priorities:

(A) Life safety issues that must be remedied prior to issuance of an operating permit; and

(B) Proposed operations that do not meet the safety objectives of this article.

(d) The applicant shall reimburse the county for the actual costs incurred (including consultant work and the cost of county staff review based on the applicable hourly rates, less the application fee) of the evaluation. No operating permit shall be issued until reimbursement to the county is made.

(e) The applicant may challenge the evaluation by appealing the professional evaluation to the hearing examiner pursuant to JCC 8.50.260.

(7) Certification.

(a) Every application for an operating permit for a new commercial shooting facility shall be accompanied by a notarized certification by the operator that specifies the commercial shooting facility:

(i) Complies with this article;

(ii) Meets commonly accepted shooting facility safety and operations practices; and

(iii) Shall be operated in a manner that protects the safety of all persons present at the commercial shooting facility and persons on neighboring properties.

(b) Every application for an operating permit for an established commercial shooting facility shall be accompanied by a notarized certification by the operator that specifies the following:

(i) The operator will abide by the improvement plan agreed upon as a condition of the issuance of the operating permit;

(ii) Areas of noncompliance at the commercial shooting facility will not increase over time;

(iii) That as much as possible the facility meets commonly accepted shooting facility safety and operations practices; and

(iv) That the facility shall be operated in a manner that protects the safety of all persons present at the commercial shooting facility and persons on neighboring properties.

(8) Notice and Comment.

(a) The director shall issue a notice of application for all commercial shooting facilities.

(b) The notice of application shall include the following:

(i) The name and address of the applicant or the applicant’s representative;

(ii) The date of application, the date of the notice of completion for the application, and the date of the notice of application;

(iii) The street address location of the project or, if unavailable, a description of the subject property reasonably sufficient to inform the public of its location, which may include a vicinity location (map), the location in reference to roadway intersections, or a written description (rural route box or subdivision lot and block alone are not sufficient);

(iv) The identification of state, federal or other permits required by other agencies with jurisdiction not included in the application, to the extent known by the county;

(v) The name and phone number of the person at the department evaluating the application;

(vi) A statement of the limits of the public comment period, which shall be 30 calendar days following the date of the notice of application;

(vii) Statements of the right of any person to comment on the application, receive notice of and participate in any hearings, request a copy of the decision once made, and any appeal rights;

(viii) A statement of the preliminary determination, if one has been made at the time of the notice of application, of the proposed commercial shooting facility’s consistency with this article;

(ix) The date, time and place of hearing, if applicable, and if scheduled prior to the date of the notice of application;

(x) A statement of when and where a copy of the application, all supporting documentation and evidence relied upon by the applicant may be available for public inspection; and

(xi) Any other information the administrator determines appropriate.

(c) The director shall issue the notice within 14 calendar days of receipt of an application for a commercial shooting facility.

(d) The notice of application shall be sent by mail to the applicant and to all property owners identified in subsection (1)(g) of this section.

(e) The notice of application shall also be published in the official county newspaper at least once. Published notice shall include the proposed commercial shooting facility’s road or street address or location, type(s) of permit(s) all applied for concerning the commercial shooting facility, comment period dates, and location where the complete application and notice of application may be reviewed.

(f) The department shall be responsible for preparation of the list of all property owners identified in subsection (1)(g) of this section; provided, that the director retains the authority to require the applicant to supply and certify the list of all property owners identified in subsection (1)(g) of this section in circumstances where the information is not readily available to the county. The department shall obtain addresses for mailed notice from the county’s geographic information system (GIS) or real property tax records. The director shall make a notation in the file affirming mailing of notice to all persons entitled to notice under this article.

(g) All public notices shall be deemed to have been provided or received on the date the notice is deposited in the mail or personally delivered, whichever occurs first.

(h) Failure to send notice by mail shall not invalidate such proceedings where the owner appears at the hearing or receives actual notice.

(i) As optional methods of providing public notice of any operating permits, the county may:

(i) Notify the public or private groups with known interest in a certain proposal or in the type of proposal being considered;

(ii) Notify the news media;

(iii) Place notices in appropriate regional or neighborhood newspapers or trade journals;

(iv) Place public notice in agency newsletters or send notice to agency mailing lists, either general lists or lists for specific proposals or subject areas;

(v) Mail to neighboring property owners; or

(vi) Place notices on the internet.

(j) The county’s failure to provide the optional notice as described above shall not be grounds for invalidation of any operating permit decision.

(k) The comment period shall be 30 calendar days from the date of the published notice of application.

(l) Comments may be mailed, personally delivered or sent by facsimile.

(m) Comments shall be as specific as possible.

(n) The director will receive public comments during regular business hours any time up to and during the open record hearing, if any, or if there is no open record hearing, prior to the decision on the operating permit.

(o) The county may not issue a decision or recommendation on the operating permit until the expiration of the public comment period on the notice of application.

(p) The applicant shall reimburse the county for the actual costs incurred for providing notice. No operating permit shall be issued until reimbursement to the county is made. [Ord. 4-20 § 1 (Appx. B)]

8.50.250 Minimum standards.

(1) Required Security. Commercial shooting facilities shall be operated to deter unauthorized entry to any shooting range.

(2) Containment. Commercial shooting facilities shall be operated so that when firearms are operating in accordance with the rules and regulations (as defined above) there is containment, thereby minimizing threatened harm.

(3) Operations Cannot Create a Nuisance. The operation of commercial shooting facilities shall not create a public nuisance. [Ord. 4-20 § 1 (Appx. B)]

8.50.260 Administrative remedy for decisions made by the director.

When a decision is made by the director pursuant to the provisions of this article, an applicant or any aggrieved party may appeal the decision to the hearing examiner pursuant to the procedures in Chapter 2.30 JCC (Hearing Examiner) by providing written notice of appeal to the director within 14 calendar days of the decision. The fee for such appeal shall be as set forth in the Jefferson County fee ordinance and must be paid by the appellant at the time of filing the notice of appeal. [Ord. 4-20 § 1 (Appx. B)]

8.50.270 Judicial appeals.

(1) Time to File Judicial Appeal. The applicant or any aggrieved party may appeal the final decision of the director or the hearing examiner to a court of competent jurisdiction in a manner consistent with state law.

(2) All appellants and aggrieved persons must timely exhaust all administrative remedies prior to filing a judicial appeal.

(3) Service of Appeal. Notice of appeal and any other pleadings required to be filed with the court shall be served by delivery to the county auditor (see RCW 4.28.080), and all persons identified in JCC 8.50.240(1)(g), within the applicable time period. This requirement is jurisdictional.

(4) Cost of Appeal. The person who filed the notice of appeal shall be responsible for the cost of transcribing and preparing all records ordered certified by a court or desired by the person who filed the notice of appeal. Prior to the preparation of any records, the person who filed the notice of appeal shall post with the county auditor an advance fee deposit in an amount specified by the county auditor. Any overage will be promptly returned. [Ord. 4-20 § 1 (Appx. B)]

8.50.280 Safe harbor for owners and operators.

Full compliance with an operating permit creates a rebuttable presumption that the commercial shooting facility is not being operated as a nuisance. The burden of proving full compliance is on the owner or operator. [Ord. 4-20 § 1 (Appx. B)]

8.50.290 Reports of violations of this article.

(1) Creation of a Form. The director, in consultation with the sheriff, shall develop a form for receipt of reports of violations of this article.

(2) Provided to the Owner or Operator. All reports of violation shall be provided to the owner or operator of the commercial shooting facility as soon as possible, but no later than two business days from the receipt of the report of violation.

(3) Maintenance of Reports. The director shall maintain a copy of all reports of violation for at least two years following receipt of a report of violation.

(4) Discussion During Annual Inspection. During the annual inspection, all reports of violation shall be addressed by the department and the owner or operator of a commercial shooting facility.

(5) Response to Reports of Violation.

(a) Name of Informant. All reports of violation shall be encouraged to include the name of an informant with current contact information for use in the investigation.

(b) Expedited Response. The sheriff shall respond to reports of life safety incidents or threatened harm that violate this article as soon as practical, considering the nature of the report of violation and the other operational demands on the sheriff at the time the report of violation is received.

(c) Routine Response. Other reports of violation shall be evaluated by the department for investigation. In consultation with the sheriff, the department shall develop a procedure for addressing other reports of violation.

(d) Noise Only Response. When the report of violation is limited to a claim of noise nuisance, the report of violation shall be addressed by the sheriff under Chapter 8.70 JCC (Noise Control). [Ord. 4-20 § 1 (Appx. B)]

8.50.300 Review committee.

The county board of commissioners may require the director to establish a review committee to evaluate proposed revisions to this article. The review committee shall consist of: (1) the director of the department of community development or the director’s designee (chair); (2) Jefferson County sheriff or the sheriff’s designee; (3) Jefferson County director of environmental health or the director’s designee; (4) a representative of each current commercial shooting facility in unincorporated Jefferson County; (5) a resident or property owner from each of the three districts of Jefferson County; (6) one representative of tribal interests, if interested; (7) one at-large Jefferson County resident or property owner appointed by the county board of commissioners; and (8) one member of the Jefferson County planning commission. The Jefferson County prosecuting attorney (or designee) shall be an advisor to the review committee but shall not be required to attend every meeting of the review committee. All review committee meetings shall be subject to the requirements of the Open Public Meetings Act, Chapter 42.30 RCW. [Ord. 4-20 § 1 (Appx. B)]

8.50.310 Limitations on the applicability of this article.

(1) This article does not place physical controls on development of land, does not control land use activities, and does not modify any applicable conditional use approval criteria under JCC Title 18.

(2) Nothing in this article shall be construed as establishing zoning, subdivision control, platting or adoption of detailed maps to control the physical development of Jefferson County.

(3) The mention of members of the armed forces in this article is neither a statement of authorization or prohibition by the county of training by units of the armed forces at any commercial shooting facility. Any disclosure requirements in this article related to members of the armed forces or law enforcement officers only requires information to be provided to regulate the operations at a commercial shooting facility under this article. The mention of members of the armed forces in this article does not change any provision in JCC Title 18, including but not limited to uses authorized or conditional use approval criteria.

(4) This article requires BMPs for compliance with existing substantive environmental standards. However, this article does not create any substantive land use environmental standards, including but not limited to standards for critical areas, shoreline management, or storage of any hazardous substance or hazardous waste.

(5) This article does not vest or provide nonconforming status under any provision of the JCC. An operating permit issued under this article does not alter the legal nonconforming use status and rights of established commercial shooting facilities, which are governed by JCC Title 18 and common law, nor shall the operating permit authorize expansion of commercial shooting facility uses that otherwise require approval pursuant to a conditional use permit or other land use permits per JCC Title 18.

(6) Nothing in this article shall be construed as:

(a) Authorizing an application or a permit for an outdoor shooting facility to be located in whole or in part in an area designated as an area where the discharge of firearms is prohibited under this chapter. Outdoor shooting facilities in such areas are expressly prohibited.

(b) Permitting the discharge of firearms, the ownership or possession of which is otherwise prohibited by law.

(c) Permitting the use or possession of a firearm by an individual who is otherwise prohibited by law from owning or possessing that firearm.

(d) Allowing or authorizing the discharge of firearms otherwise prohibited by state or federal law.

(e) Allowing or authorizing the discharge of tracer or incendiary ammunition.

(f) Allowing or authorizing the discharge of a destructive device as that term is defined in 25 U.S.C. Section 5845(f) or any explosive as that term is defined in RCW 70.74.010(5).

(g) Allowing or authorizing the discharge of a machine gun as that term is defined in 26 U.S.C. Section 5845(b) or RCW 9.41.010(17), unless specifically authorized under RCW 9.41.190(3).

(h) Allowing or authorizing the discharge of a short-barreled rifle or a short-barreled shotgun as those terms are defined in RCW 9.41.010, unless specifically authorized under RCW 9.41.190(3).

(i) Permitting a commercial shooting facility to maintain or create a public nuisance as defined in Chapter 7.48 RCW, JCC 5.10.050, 8.20.140, 8.30.020, 8.55.070, Chapter 8.70 JCC, JCC 15.05.100, JCC Title 18 or JCC 19.10.015(43).

(j) Abridging or altering the rights of action by the state, by the county or by persons, which exist in equity, common law, or other statutes to abate pollution or to abate a nuisance.

(k) Limiting a court of competent jurisdiction from:

(i) Ruling that a commercial shooting facility is a public nuisance; or

(ii) Requiring additional noise, environmental or safety controls as a condition of continued operation of a commercial shooting facility.

(l) Nullifying or rendering void the terms of any existing or future injunctive order issued by a court of competent jurisdiction pertaining to operations or activities at a shooting range or commercial shooting facility. [Ord. 4-20 § 1 (Appx. B)]

8.50.320 Warning and disclaimer of liability.

The degree of protection required by this article for commercial shooting facilities is reasonable for regulatory purposes and is based on available information. This article does not imply that commercial shooting facilities will be free from risk of bodily injury or property damage, even if operated consistently with an operating permit. This article does not create liability on the part of the county or any officer or employee of the county for any bodily injury or property damage that results from reliance on this article, or any administrative decision made lawfully under this article, including but not limited to the decision to approve the application for an operating permit. By regulating commercial shooting facilities, the county is attempting to address obvious safety and environmental issues at commercial shooting facilities. Neither this article nor an operating permit issued pursuant to this article may be relied upon as a determination that operation of a commercial shooting facility consistent with an operating permit renders the commercial shooting facility free from the risk of bodily injury or property damage. [Ord. 4-20 § 1 (Appx. B)]

Code reviser’s note: Ord. 6-22 adds this section as 8.50.210. It has been editorially renumbered to prevent duplication of numbering.

Code reviser’s note: Ord. 7-22 adds this section as 8.50.220. It has been editorially renumbered to prevent duplication of numbering.