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HomeMy WebLinkAbout081214ssa 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. Page 2 of 2 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.) 1 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 2 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 3 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. 4 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. 5 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 6 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. 7 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 8