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BACKGROUND: This item was presented in similar form at the January 21, 2016 meeting by<br />
Orange County Planning Staff as an amendment to the Orange County Code of Technical<br />
Ordinances (“UDO”) recommended by the Planning Board.<br />
The proposed amendments establish new regulations governing the discharge of firearms on<br />
private property. At the January 21, 2016 meeting the Board of County Commissioners<br />
determined the regulation of the discharge of firearms was more appropriately regulated<br />
through Orange County’s police power and its General Ordinances rather than through the<br />
UDO. The Board of County Commissioners, after receiving the Planning Board’s<br />
recommendation and discussing the item, instructed the County Attorney to bring the Planning<br />
Board’s recommended language back for consideration at the February 16, 2016 regular<br />
meeting.<br />
Among other things the recommended ordinance restricts the discharge of firearms to 10:00<br />
a.m. to 6:00 p.m. daily, prohibits the discharge of firearms within designated distances of<br />
property lines and dwelling structures, requires discharged projectiles to remain on the property<br />
upon which they are discharged, and requires most firearms discharges to be directed into a<br />
projectile-proof backstop. The ordinance will not impact or regulate hunting activities.<br />
Chair McKee said regardless of the emails from Grassroots NC, there has never been a<br />
closed meeting regarding this ordinance, and it has twice been on the Board of County<br />
Commissioners’ agendas and twice at quarterly Public Hearings. He agreed this item should<br />
have gone through more of a public process. He said there had never been any intent to have<br />
a closed session or meeting about this issue, or to hide anything.<br />
John Roberts said the language in front of the BOCC tonight is mostly from the Planning<br />
Department’s recommended changes to the UDO. He said when the item came before the<br />
BOCC in January 2016, he had concerns about the language as the statutory authority to<br />
regulate this issue does not come from any land use related authority; but rather is separate<br />
and specific under the County’s police power. He said he is uncomfortable with intermingling<br />
those two lines of authority, as it leads to enforcement issues, and thus court issues. He said<br />
the current language, with a few exceptions, is exactly as the Planning Department wrote it,<br />
with a few grammatical changes and some insertions from Sheriff Blackwood from a Lenoir<br />
County ordinance.<br />
John Roberts said the Sheriff noted that the backstop requirement in section C-4 is<br />
probably excessive, and noted that the National Sport Shooting Foundation recommends 15<br />
feet in height, but makes no depth recommendation. He said the Sheriff recommended<br />
changes to section C-6, suggesting changing the hours from 10:00 a.m. to 6:00 p.m. to 7:00<br />
a.m. and 11:00 p.m. He said the Sheriff’s recommended changes to subsections E and F, due<br />
to the extreme cost and effort involved in complying with them.<br />
John Roberts said he recommended changing the initial sentence in subsection G, to be<br />
clear that all those items would not be impacted by this ordinance. He said these items include<br />
lawful defense of property, hunting, pursuant to directions of law enforcement officers, actions<br />
by law enforcement officers, firearms instruction, and engaging in target shooting. He said the<br />
Planning Board recommended that target shooting occur two or fewer days per month, which<br />
may also be overly restrictive for rural areas.<br />
John Roberts said the County does not have the authority to regulate hunting and this<br />
ordinance does not regulate hunting activities.<br />
Chair McKee referred to the potential cost of signage and noted he has 168 acres and<br />
he would have to put up 400-600 signs.<br />
Commissioner Dorosin asked if this same ordinance has been adopted in Lenoir<br />
County.