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HomeMy WebLinkAbout061014ssa Agenda Package 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 Draft #4 06/05/2014 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. 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. Section 11 Restrictions It shall be unlawful for any person to discharge a firearm or cause an explosion: A. Within five hundred (500) feet of a school, church, daycare, playground, park, recreation area, or other type of public gathering place; or B. Carelessly or heedlessly in wanton disregard for the safety of others; or C. 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 bod ily injury of another; or D. In a manner resulting in the projectile leaving the property in which it was fired or detonated; or E. 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 F. When discharged or detonated on, from, or across the traveled portion of any public street or highway; or G. When discharged or detonated from a motor vehicle; or H. From two hours after sunset to one hour before sunrise; or I. Within 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 . J. Within 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. Section 12 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. While protecting against the attack of any dangerous or destructive animal or reptile. G. While participating in a special event such as turkey shoots that had obtained 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. Section 13 Violations and Penalty A violation of this Ordinance shall constitute a misdemeanor and is punishable as provided in NCGS 14-4 and the maximum fine; term of imprisonment or infraction penalty allowed by law is hereby authorized. Section 14 Effective Date This Ordinance shall take effect and be in force upon adoption. Adopted this the _______day of _____________________, 20__. COUNTY OF HARNETT TRAVEL POLICY Revised April 30, 2014 The purpose of this policy is to establish standards and procedures for authorization and payment of the cost of travel by County employees and certain non-County employees for the purposes of conducting County business. It is the intent of this policy to help ensure that public funds are expended for travel only when it serves a public purpose. This travel policy is designed to comply with Internal Revenue Service (IRS) regulations and the US General Services Administration (GSA). APPLICABILITY All County employees are subject to this policy, and are expected to exercise the same care in incurring expenses that a prudent person would exercise if traveling on personal business and expending personal funds. Excess costs, “roundabout” routes, luxury accommodations, and any services that are unnecessary in the performance of official business are not acceptable under this policy. Employees will be responsible for unauthorized costs and any additional expenses incurred for personal preference or convenience. Non-County employees traveling on County business shall be subject to the same policies and requirements as employees if the County is paying the expenses. The policy is effective XXXXX 2014, and supersedes all previous travel policies. ADMINISTRATION 1. The County Manager and/or Finance Officer shall have the authority to develop administrative procedures for implementation of this policy to insure the initial need for travel is monitored, and the cost of such travel to the County is held to a reasonable minimum. 2. The County Manager and/or Finance Officer shall have the authority to make timely and necessary administrative adjustments to this policy which reflects both prudence and maintaining with applicable IRS regulations. 3. The County will comply with applicable Fair Labor Standards Act (FLSA) considerations as appropriate. A current edition of the Fair Labor Standards is available at the Human Resources Office. 4. The Harnett County Board of Commissioners has adopted the IRS mileage reimbursement rate as the reimbursement rate for Harnett County. The changes in the rate will be effective on the same date as the IRS modification. LOCAL TRAVEL 1. Mileage reimbursement reports are required for local travel. These reports shall contain odometer readings, dates of travel, locations, and shall be approved by the respective department head by his/her signature. Mileage reports must be signed by the DEPARTMENT HEAD, not by an assistant or facsimile signature. Receipts are required for items requested to be reimbursed. The properly executed form must be submitted MONTHLY. County Office is Principal Place of Business Example Eligible for Mileage Reimbursement Home to office or first work site NO Office or last work site to home NO First work site to subsequent work sites YES Employee called back to work after regular work hours YES 1. When a County vehicle cannot be used, travel will be reimbursed at the current federal rate per mile. 2. The County Manger or Finance Officer will approve the travel for all department heads that is outside the scope of routine. OVERNIGHT TRAVEL Conferences and business trips requiring overnight travel must be approved in advance by the Department Head, reviewed by Finance, and approved by the Finance Officer. The County Manager and/or Finance Officer must approve all out of state travel. In the best interest of fiscal prudence and accountability, the following policies should be followed: 1. County vehicles should be utilized when practical and available. 2. Two or more travelers to the same destination are required to use joint transportation and joint accommodations. Employees who do not adhere to this policy will not qualify for travel reimbursements. 3. Expenses of employee’s spouse will not be reimbursed. 4. The per diem rate for meals and incidentals will be provided to employees in overnight travel status. For employees in an overnight travel status, the per diem will be reduced to 75% of the normal amount on the days of departure and return. Per diem will also be adjusted for meals included in the cost of the conference. Employees traveling out of state may be eligible for a higher per diem rate depending upon the travel destination. If out of state travel is necessary, the Finance department will refer to www.gsa.gov for the current per diem rates for that destination. If the travel destination has a rate above the standard rate, you will receive the per diem for that area. 5. Meal expenses related to one day training or travel where there is no overnight stay, will NOT be reimbursed by the County. However, meals that are included in the cost of registration; and training or meetings that are held as luncheons or dinners will be considered reimbursable expenses. The County will reimburse the cost of lunch for consecutive days of training that require travel, whether or not the employee stays overnight. Meals (related to one-day travel and training) that are submitted and approved for reimbursement will be reimbursed as part of the employees’ next payroll. In accordance with the IRS (Employer’s Tax Guide to Fringe Benefits) and GSA regulations, reimbursements of this nature are considered taxable fringe benefits. 6. Hotel/lodging must be processed on a purchase order and reserved/paid using the department’s purchasing/credit card. (The department can prepare a blanket purchase order for travel estimating annual activity at the beginning of the fiscal year). The County will pay the actual cost of rooms (including tax) provided that the employee seeks reasonably priced lodging. Rooms at the conference location, in a group, or government rates meet this requirement. A detailed hotel receipt and a copy of your approved travel request must be submitted with the department’s monthly purchasing log. No reimbursement is authorized for in-room movies, valet charges, in-room bar charges, or other nonessential needs. Room services charges for food, including tips, and personal phone calls are not reimbursable. These expenses are considered to be covered by the per diem allowance. 7. Registration and airline transportation must be processed on a purchase order and paid using the department’s purchasing/credit card. Documentation supporting the charge must be submitted with the department’s monthly purchasing log. 8. Employees must submit the mileage reimbursement form within 7 days of return from overnight travel with a copy of the approved travel request attached. Mileage to the conference/training destination will be calculated from home or work, whichever is less. 9. One day meetings or training less than 50 miles (one way) should not require overnight travel. Exceptions must be approved by the County Manager or the Finance Officer in advance. PER DIEM A completed travel request form with agenda must be submitted (7) work days before payment is necessary. If the travel request is not received in sufficient time for processing, the employee will be responsible for submitting receipts upon return from travel. Employees will then be reimbursed actual costs from receipts up to the per meal allowance from the US General Services Administration. Setback Distance Examples: Cumberland County 100 yards of any dwelling unit, house, trailer, or building lot not his own 25 yards of any publicly maintained road or any public vehicular area Cabarrus County 500 yards of any business or residential district Catawba County 500 feet of a dwelling or an outbuilding of a dwelling not owned by the person discharging the firearm Currituck County 100 yards of a regularly occupied residence without the permission of the regular occupant and owner ½ mile of a school if discharging a center fire rifle unless such discharge occurs with at least 200 yards of woodlands or forest intervening between the discharge and the school 100 yards from any subdivision Johnston County No specified distances Dare County 300 yards of any occupied residence without permission of the occupant Lenoir County 500 feet of a school, church, daycare, playground, park, recreation area or other public gathering place