081214ssa Agenda Page 1 of 2
NEW ORDINANCE ADOPTION
REQUEST FORM
(Internal)
Planning Department
108 E. Front Street
P.O. Box 65, Lillington, NC 27546
Phone: (910) 893-7525 Fax: (910) 893-2793
Applicant Information
Applicant:
Name: Harnett County Planning Department
Address: PO Box 65
City/State/Zip: Lillington, NC 27546
E-mail: rbaker@harnett.org
Phone: 910-814-6417
Fax: 910-893-2793
Requested Ordinance
Title: Firearms & Explosives Discharge Ordinance of Harnett County, North Carolina
Type: Police Powers
Administrator: Harnett County Sheriff
Regulation: The discharge of firearms and explosives
Reason for Requested Ordinance: Increased concerns over the life, health and safety of Harnett County
citizens, as related to the unregulated discharge of firearms and explosives.
Ordinance Development & Review Process
April 2014
Proposed Ordinance drafted and internally reviewed by Harnett County Planning Department Staff.
May 2014
Draft versions presented to the Harnett County Sheriff’s Office for review and comments.
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Ordinance Development & Review Process (Continued)
June 10, 2014
Draft was presented to the Harnett County Board of Commissioners during a work session.
July 2014
Planning Department staff continues review, research and compiles additional draft versions.
August 4, 2014
Proposed Ordinance presented to the Harnett County Planning Board on August 4, 2014.
August 6, 2014
Research conducted to address Planning Board concerns, resulting in amendments made to draft.
August 12, 2014
Amended draft version presented to the Harnett County Board of Commissioners during a work session.
August 18, 2014
Planning Department presents Proposed Ordinance to Board of Commissioners during a public hearing.
Planning Board Recommendations
During a regularly scheduled meeting conducted on August 4, 2014. The Harnett County Planning Board
reviewed the proposed Ordinance and moved to approve and forward the Firearms & Explosives Discharge
Ordinance to the Harnett County Board of Commissioners and to include concerns discussed during the
meeting. The motion was approved by (4) members in favor and (1) member against.
The following concerns were voiced during the meeting and forwarded to the Commissioners for review:
1. Cross-bows and compound bows should be included in the restrictions listed in Section 11.
2. Ordinance is too strict in relation to the setback distances.
3. Section 13 (I.) should not require a notarized letter of permission in the absence of a property owner.
(Upon discussion with the Sheriff, this requirement has been removed from the proposed Ordinance.)
4. Penalties for violating the Ordinance seemed very harsh and did not allow for discretion in the area of the
amount of the fine.
(After discussions with the Sheriff and Staff Attorney, the language was amended in order to allow the
judicial official the ability to access an appropriate fine amount based on each violation.)
5. Can the investigating officer confiscate or seize firearms from violators of this Ordinance?
( Firearms may not be confiscated or seized simply by an infraction of this Ordinance. This has been
verified by both the Sheriff and Staff Attorney.)
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FIREARMS & EXPLOSIVES
DISCHARGE ORDINANCE
OF
HARNETT COUNTY, NORTH CAROLINA
Harnett County Board Of Commissioners
Joe Miller, Chairman
Gary House, Vice Chairman
Beatrice Hill
Gordon Springle
Jim Burgin
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Table of Contents
Section 1 Title………………………………………………. 3
Section 2 Purpose…………………………………………... 3
Section 3 Authority and Enactment………………………. 3
Section 4 Jurisdiction………………………………………. 3
Section 5 Administration…………………………………… 3
Section 6 Severability………………………………………. 3
Section 7 Conflict with Other Laws……………………….. 3
Section 8 Amendment………………………………………. 4
Section 9 Interpretation……………………………………. 4
Section 10 Definitions……………………………………….. 4
Section 11 Firearm Restrictions……………………………. 5
Section 12 Explosives Restrictions…………………………. 5
Section 13 Exceptions……………………………………….. 6
Section 14 Violations and Penalties………………………… 7
Section 15 Effective Date……………………………………. 7
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Section 1 Title
This Ordinance shall be known and cited as the “Harnett County Firearms & Explosives
Discharge Ordinance” (hereinafter referred to as “Ordinance”).
Section 2 Purpose
The purpose of this Ordinance is to place limitations on the discharge of firearms and
explosives that may cause injury or death to a person or animal, as well as damage
created to personal property. This Ordinance is intended to promote the public health,
safety, welfare, comfort and prosperity of the citizens of Harnett County.
Section 3 Authority and Enactment
The Board of Commissioners of the County of Harnett, pursuant to the authority
conferred by the General Assembly of the State of North Carolina in General Statues
Chapter 153A – 128 and 129 hereby ordains and enacts into law this Ordinance.
Section 4 Jurisdiction
Under the authority granted by North Carolina General Statue 153A-122, the county is
hereby authorized to enact this Ordinance within the rural areas of the county and
outside and beyond the corporate limits of any municipality of Harnett County.
Section 5 Administration
The Sheriff of Harnett County, or his/her designee, shall be responsible for the
administration and enforcement of this Ordinance.
Section 6 Severability
If any section of specific provision or standard of this Ordinance is found by a court to
be invalid, the decision of the court shall not affect the validity of any other section,
provision, or standard of this Ordinance.
Section 7 Conflict with Other Laws
It is not intended that this Ordinance repeal, abrogate, annul, impair, or interfere with
any existing provisions of any other ordinances or laws. However, if the requirements of
any other lawfully adopted rules, regulations, or ordinances of the County of Harnett
conflict with this Ordinance, the more restrictive or that imposing the higher standards
will govern.
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Section 8 Amendment
This Ordinance may be amended from time to time by the Board of Commissioners of
the County of Harnett on its own motion or on petition and after public notice and
hearing.
Section 9 Interpretation
Words and terms used in this document have their commonly accepted, dictionary
meaning unless specifically defined or the context in which they are used in this
document clearly indicated otherwise. In the construction of this Ordinance, the
definitions contained herein shall be observed and applied, except when the content
clearly indicated otherwise.
Section 10 Definitions
Detonate
Any action that will cause an explosive material or device to explode.
Discharge
To eject or release a projectile or object by a sudden release of tension or pressure.
Explosion
The sudden, loud, and violent release of energy that happens when something breaks
apart in a way that sends parts flying outward.
Explosive
A material or combination of materials that have a likelihood of erupting in a violent
manner creating an explosion.
Permanent Building
A building which is built, constructed, used or intended to support and/or shelter any
use or occupancy that is attached to real property by means of permanent foundation,
plumbing or electrical connection and is required to obtain a permit and undergo an
inspection process in accordance with the North Carolina State Building Code.
Firearm
A handgun, shotgun, rifle, cannon or any device which is capable of expelling a
projectile using an explosive charge as a propellant.
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Section 11 Firearm Restrictions
It shall be unlawful for any person to discharge a firearm :
A. Within five hundred (500) feet of a school, church, daycare, playground, park,
recreation area, or other type of public gathering place; or
B. Within two hundred (200) feet of any public or private road, utility or access
easement or permanent building not under the ownership or controlled by the
person responsible for the discharge of the firearm ; or
C. Carelessly or heedlessly in wanton disregard for the safety of others; or
D. Without due caution or circumspection and in a manner so as to endanger any
person or property and resulting in the unlawful property damage or bodily injury
of another; or
E. In a manner resulting in the projectile leaving the property in which it was fired ; or
F. While under the influence of alcohol or a controlled substance (under the
influence: determination by the investigating officer that the person is intoxicated
by alcohol or a narcotic to the point where physical and mental faculties are
appreciably diminished); or
G. When discharged on, from, or across the traveled portion of any public street or
highway; or
H. When discharged from a motor vehicle; or
I. From two hours after sunset to one hour before sunrise.
Section 12 Explosives Restrictions
It shall be unlawful for any person to cause an explosion:
A. Within fifteen hundred (1,500) feet of a school, church, daycare, playground,
park, recreation area, or other type of public gathering place; or
B. Within fifteen hundred (1,500) feet of any public or private road, utility or access
easement or permanent building not under the ownership or controlled by the
person responsible for the detonation of an explosive; or
C. Carelessly or heedlessly in wanton disregard for the safety of others; or
D. Without due caution or circumspection and in a manner so as to endanger any
person or property and resulting in the unlawful property damage or bodily injury
of another; or
E. In a manner resulting in the projectile leaving th e property in which it was
detonated; or
F. While under the influence of alcohol or a controlled substance (under the
influence: determination by the investigating officer tha t the person is intoxicated
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by alcohol or a narcotic to the point where physical and mental faculties are
appreciably diminished); or
G. When detonated on, from, or across the traveled portion of any public street or
highway; or
H. When detonated from a motor vehicle; or
I. From two hours after sunset to one hour before sunrise.
Section 13 Exceptions
This Ordinance shall not be construed to rescind any of the state wildlife laws of North
Carolina nor shall it be construed to prohibit the following:
A. Any citizen from discharging a firearm when lawfully defending his person or
property.
B. Officers and enlisted personnel of the armed forces of the United States while in
the performance of their official duties and acting under orders requiring them to
carry arms, weapons or explosives.
C. Civil officers of the United States while in the performance of their official duties.
D. Officers of the state or of any county, city, or town charged with the execution of
the laws of the state when acting in the performance of their official duties.
E. The discharge of a firearm at a properly permitted and approved firing range or
facility operating as such prior to the adoption of the Ordinance.
F. Any citizen from discharging a firearm when protecting against the attack of any
dangerous or destructive animal or reptile.
G. The discharges of a firearm while participating in a special event such as turkey
shoots that hold a valid local county permit.
H. The performance of an historical ceremony or commemorative functions that are
conducted involving the discharge of firearms or detonation of explosives that do
not involve the release of projectiles.
I. The discharge of a firearm or detonation of an explosive on another’s property, in
the presence of or notarized written permission of the property owner or person
having control over the property and all permanent buildings , permitting that all
required separation distances are adhered to.
J. The discharge of a firearm while in the process of lawfully hunting wild birds
and/or animals in accordance with Chapter 113, Subchapter IV of the North
Carolina General Statutes.
K. Discharging a firearm into a device that is designed to receive and contain
projectiles without risk of escape, which is located within the confines of an
enclosed structure.
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Section 14 Violations and Penalty
Each violation of this Ordinance shall constitute a Class 3 misdemeanor and any person
convicted of the same shall be fined not more than five hundred ($500.00) dollars
and/or imprisonment not exceeding thirty (30) days. A violation of this Ordinance shall
constitute a Class 3 misdemeanor and shall subject the offender to a fine in the amount
of five hundred ($500.00) dollars and/or imprisonment for up to thirty (30) days.
Section 15 Effective Date
This Ordinance shall take effect and be in force upon adoption.
Duly adopted this 18th day of August, 2014.
HARNETT COUNTY BOARD OF COMMISSIONERS
__________________________________________
Joe Miller, Chairman
ATTEST:
____________________________________
Margaret Gina Wheeler, Clerk to the Board
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