2015-389-Order No. 2015-037 Recorded 8/19/2015 DESCHUTES COUNTY OFFICIAL RECORDS CJ 20+c•389
REVIEWED NANCY BLANKENSHIP, COUNTY CLERK W '+
COMMISSIONERS' JOURNAL 08/19/2015 08:16:58 AM
LEGAL COUNSEL 1111111 1111111111111111111
20 430
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Order Approving a Petition for Designation of *
a Territory as East Redmond Firearms Discharge * ORDER NO. 2015-037
Restricted Area
WHEREAS, a petition requesting designation of certain territory pursuant to Deschutes County Code
("DCC") Chapter 9.08, referred to as the East Redmond Firearms Discharge Restricted Area(District),was filed
with the County and submitted to the Board of County Commissioners, a copy of which is attached as Exhibit I
and incorporated by reference herein; and
WHEREAS, Deschutes County (County), the City of Redmond (City), and Redmond. Area Park and.
Recreation District(RAPD), all own property to be included in the District as shown in Exhibit A and described
in Exhibit B,both exhibits being attached to Exhibit 1; and
WHEREAS, DCC 9.08.050 requires that, if a political subdivision of the state or special district has land
that the government entity desires to have included in a firearms discharge restricted area, the government entity
shall pass an ordinance restricting the discharge of firearms on such property; and
WHEREAS, the City passed Ordinance 2015-06 effective July 9, 2015,. restricting the discharge of
firearms on City-owned property outside the eastern City limits and the RAPD passed Ordinance 2015-1
restricting the discharge of firearms on District property east of Redmond effective April 14, 2015; and
WHEREAS, passing of the ordinances by the City and RAPD meet the requirements for landowner
signatures for purposes of DCC 9.08.060(A)(4); and
WHEREAS, the Board of County Commissioners ("Board") finds that the County's adoption of DCC
Chapter 9.08 and the Board's approval of the formation of the District satisfies the requirement of DCC
9.08.050(D)for County-owned property; and
WHEREAS, the County mailed notice on May 15, 2015, to 34 property owners abutting the District
asking if they wanted to be included in the District in accordance with DCC 9.08.050(A) and DCC 9.08.050(C);
only seven (7) of the property owners who signed in the affirmative had properties that qualified to be included
in the Distsrict and those properties are included; and
WHEREAS, the Deschutes County Clerk verified the signatures of the property owners who indicated
by their signed response to the May 15, 2015, mailed notice that they are to be included in the District; and
WHEREAS, after public notice was provided in accordance with ORS 198.800(2) and DCC 9.08.80,
Board held a public hearing on August 12, 2015,to hear the petition and any objections thereto and to determine
whether or not the area petitioned should be restricted pursuant to DCC 9.08; and
PAGE 1 OF 2-ORDER NO. 2015-037
WHEREAS, after considering the petition and all arguments submitted in support of and in opposition
to the petition presented during the public hearing, the Board finds the prohibition on the use of firearms on the
properties shown and described in Exhibit A is beneficial to the public by reducing danger to persons and
property within surrounding and affected areas; now therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, HEREBY
ORDERS as follows:
Section 1. Pursuant to the Deschutes County Code 9.08, the Board approves the petition to form a
Firearms Discharge Restricted Area within the boundaries of the restricted area proposed in the petition attached
to Order 2015-037.
Section 2. The formation of the East Redmond Firearms Discharge Restricted Area is effective
immediately.
Dated this_47/2_14:--
—of ( , 2015 BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
ANTHONY DEBONE, Chair
664,t,
ALAN UNGER,Vice Chair
ATTE/S,T�:
Y--f v J` i yJ L ,
Recording Secretary TAMMY BANEY, Com sioner
PAGE 2 OF 2-ORDER NO. 2015-037
PETITION TO FORM A DISCHARGE OF FIREARMS RESTRICTED AREA
To the County Commissioners of Deschutes County, State of Oregon:
We the undersigned petitioner, being either a registered voter with a residence address
within a platted subdivision or an owner of land adjacent to a platted subdivision, hereby petition
the Board of County Commissioners for Deschutes County for the formation of a Discharge of
Firearms Restricted Area ("Restricted Area") covering the area described herein pursuant to
Chapter 9.08 of the Deschutes County Code.
1. Chief Petitioner on this petition is (up to three):
Name: Deschutes County Administrator
Mailing Address: PO Box 6005
Bend OR 97701
Phone: (541)388-6570
2. The name of the proposed Restricted Area is the East Redmond Firearms Discharge
Restricted Area.
3. The petitioner requests that the area described herein be designated as a Restricted
Area under the provisions of Chapter 9.08 of the Deschutes County Code.
4. The boundaries of the proposed Restricted Areas are as shown on the map attached
hereto as Exhibit A and described on Exhibit B, attached hereto and by this reference incorporated
herein.
5. This petition is made up of this petition sheet, a map depicting the boundaries of the
proposed Restricted Area, a legal description of the proposed Restricted Area and a signature
sheet, all of which have been circulated as a part of this petition.
ANY PERSON WHO SIGNS THIS PETITION CANNOT LATER WITHDRAW HIS OR HER NAME
FROM THIS PETITION.
CHIEF PETITIONER'S SIGNATURE
DESCHUTES COUNTY
By: Tom Anderson
County Administrator
PETITION TO FORM A DISCHARGE OF FIREARMS RESTRICTED AREA Page 1 of 4
Page 1 of 12- EXHIBIT 1 TO ORDER NO.2015-037
Exhibit A
Map of East Redmond Firearms Discharge Restricted Area
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Page 2 of 12- EXHIBIT 1 TO ORDER NO.2015-037
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EAST REDMOND FIREARMS BOARD OF COUNTY COMMISSIONERS
DISCHARGE RESTRICTED AREA OF DESCHUTES COUNTY,OREGON
Tony DBBone,Chair
Exhibit"A"
Legend to Board Order No.2015-037 Alan Unger,Vice Chair
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Firearms Discharge Restricted Area (` } Tammy Baney,Commissioner
City of Redmond ATTEST: Recording Secretary
Page 3 of 12 EXHIBIT 1 TO ORDER NO. Dated rnis_ _--..,2015
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EAST REDMOND FIREARMS BOARD OF COUNTY C
DISCHARGE RESTRICTED AREA OFDESCF COUNTY COMMISSIONERS OMMIREONE
Tony DeBone,Chair
Exhibit"A"
Legend to Board Order No.2015-037 Alan Ungar,Vice Chair
DFirearms Discharge Restricted Area Tammy Baney,Commissioner
City of Redmond ATTEST: Recording Secretary Page 4 of 12- EXHIBIT 1 TO ORDER NO. °° 2200 Dated this 20
Feet Effective Data: 20 2015
August 4,7 01 0
Exhibit B
Legal Description
East Redmond Firearms Discharge Restricted Area - Property Descriptions:
1. Deschutes County-(Tax lot 1513000000103): That property described on United
States of America Patent Number 36-66-0010, recorded at 144-554, on July 27, 1965,
Deschutes County, Oregon; excepting therefrom the following real property described in
the following documents:
• Deed recorded at 147-513, on March 6, 1966, Deschutes County, Oregon (12.0
acres)
• Deed recorded at 148-531, on June 2, 1966, Deschutes County, Oregon (4.83
acres)
• Court Order, less road dedication of 3.64 acres, May 20, 1970, Deschutes
County, Oregon
• Deed recorded at 221-532, on August 6, 1975, referenced therein as Parcel#2,
Deschutes County, Oregon (110.0 acres)
• Bargain and Sale Deed recorded at 155-364, on November 23, 1987, Deschutes
County, Oregon (35.52 acres)
• Bargain and Sale Deed recorded at 143-397, on March 20, 1987, Deschutes
County, Oregon (39.80 acres)
and, also excepting therefrom that portion of the property lying within the City Limits of
Redmond, Oregon; resulting in an area 1,693.26 acres +/-.
2. Central Oregon Park and Recreation District- (Tax lot 1513000000123): That property
as legally described in Bargain and Sale Deed recorded at 143-397, on March 20, 1987,
Deschutes County, Oregon
3. City of Redmond -(Tax lot 1513000000115): That property as legally described in a
Correction Deed recorded at 310-85, on October 24, 1979, Deschutes County, Oregon;
excepting therefrom that portion of the property lying within the City Limits of Redmond,
Oregon
4. Julie A. Haugen -(Tax lot 1513030001801): That property as legally described in
Statutory Warranty Deed recorded at 2012-043777, on October 31, 2012, Deschutes
County, Oregon
PETITION TO FORM A DISCHARGE OF FIREARMS RESTRICTED AREA Page 3 of 4
Page 5 of 12- EXHIBIT 1 TO ORDER NO. 2015-037
5. Charles N. Taulbee —(Tax lot 1513030000300): East one-half(E 1/2), Northeast one-
quarter(NE %4), Southeast one-quarter(SE 1/i), Section 3, Township 15 South, Range 13
East, Willamette Meridian, Deschutes County, Oregon
6. Barbara Ann Corwin—(Tax lot 151310A000300): That property as legally described in
Warranty Deed recorded at 179-303, on September 29, 1971, Deschutes County,
Oregon
7. Timbergon Inc. —(Tax lot 151310A000400): That property as legally described in
Statutory Warranty Deed recorded at 2008-23536, on May 30, 2008, Deschutes County,
Oregon
8. Timbergon Inc. --(Tax lot 151310A000500): That property as legally described in
Statutory Warranty Deed recorded at 2009-05244, on February 6, 2009, Deschutes
County, Oregon
9. Hunter Family Trust--(Tax lot 151310A000600): That property as legally described as
Parcel I in Special Warranty Deed recorded at 2007-12333, on February 28, 2007,
Deschutes County, Oregon
10. Hunter Family Trust—(Tax lot 151310A000700): That property as legally described as
Parcel I in Special Warranty Deed recorded at 2007-12333, on February 28, 2007,
Deschutes County, Oregon
PETITION TO FORM A DISCHARGE OF FIREARMS RESTRICTED AREA Page 4 of 4
Page 6 of 12- EXHIBIT 1 TO ORDER NO. 2015-037
CITY OF REDMOND
ORDINANCE NO.2015-06
AN ORDINANCE AUTHORIZING THE CITY OF REDMOND TO PROHIBIT THE DISCHARGE OF
FIREARMS ON CITY OWNED PROPERTY AND TO AUTHORIZE SUCH PROPERTY TO BE
INCLUDED IN A FIREARMS DISCHARGE RESTRICTED AREA.
WHEREAS,Deschutes County("County")identified a need to establish a firearms discharge restricted
area on the east side of the City of Redmond ("City"), outside the City limits("Restricted Area") based
on firearms discharge activities that conflict with other public uses and that endanger persons and
property in the immediate area; and
WHEREAS, the regulation and establishment of a firearms discharge restricted area is permitted
through the authority of Oregon Revised Statutes("ORS") 166.170 through 166.176, as implemented
through Deschutes County Code Chapter("DCC") 9.08; and
WHEREAS, the City owns property as shown on and described in Exhibit A, attached hereto and
incorporated by reference herein, that is located outside of the City limits ("Subject Property") and
within the proposed Restricted Area; and
WHEREAS, DCC 9.08.050 requires that, if a political subdivision of the state or special district has
land that the government entity desires to have included is a firearms discharge restricted area, the
government entity shall pass an ordinance restricting the discharge of firearms on such property; and
WHEREAS, the City Council finds that the prohibition on the use of firearms on the property owned
by the City is beneficial to the citizens of the City and surrounding area by reducing the danger to
persons and property within the immediate area; and
WHEREAS,the City Council further finds that the inclusion of the City owned property within the larger
Restricted Area is beneficial to the citizens of the City by reducing the danger to persons and property
within and surrounding the affected area; and
WHEREAS, it is beneficial for the City / District to adopt this ordinance in order to assure that the
persons and property in and around the restricted area are not further endangered.
NOW,THEREFORE,THE REDMOND CITY COUNCIL ORDAINS AS FOLLOWS:
SECTION ONE: The discharge and use of firearms shall be prohibited on the Subject Property
pursuant to the provisions of DCC Chapter 9.08, except that the use of firearms as listed in DCC
9,08.040 shall be permitted as listed therein.
SECTION TWO: The Subject Property is authorized to be included in the Restricted Area proposed
by Deschutes County, as permitted by DCC 9.08.090.
PASSED by the City Council and APPROVED by the Mayor this 991 day of June, 2015.
/s/George Endicott
George Endicott, Mayor
ATTEST:
/s/Kelly Morse
Kelly Morse, City Recorder
Page 7 of 12-EXHIBIT 1 TO ORDER NO. 2015-037
Exhibit "A"
Deschutes County Property
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Page 8 of 12- EXHIBIT 1 TO ORDER NO. 2015-037
REVIEWED
LEGAL COUNSEL
For Recording Stamp Only
BEFORE THE REDMOND AREA PARK AND RECREATION DISTRICT BOARD OF DIRECTORS
An Ordinance authorizing the Redmond Area
Park and Recreation District to prohibit the * ORDINANCE NO. 2015- 1
discharge of firearms on District owned property
and to authorize such property to be included in a
firearms discharge restricted area and Declaring
an Emergency.
WHEREAS, Deschutes County("County„) identified a need to establish a firearms discharge restricted
area on the east side of the City of Redmond ("City"), outside the City limits("Restricted Area") as shown in
Exhibit A, attached hereto and incorporated by reference herein, based on firearms discharge activities that
conflict with other public uses and that endanger persons and property in the immediate area; and
WHEREAS, the regulation and establishment of a firearms discharge restricted area by !Deschutes
County is permitted through the authority of Oregon Revised Statutes ("ORS") 166.170 through 166.176 , as
implemented through Deschutes County Code Chapter("DCC")9.08;and
WHEREAS, the Redmond Area Park and Recreation District ("District") owns property as shown on
and described in Exhibit B., attached hereto and incorporated by reference herein, that is located outside of the
City limits("Subject Property")and within the proposed Restricted Area;and
WHEREAS, DCC 9.08.050 requires that,if a political subdivision of the state or special district has land
that the government entity desires to have included in a firearms discharge restricted area,the government entity
shall pass an ordinance restricting the discharge of firearms on such property;and
WHEREAS, the District Board of Directors finds that the prohibition on the use of firearms on the
property owned by the District is beneficial to the citizens of the District and surrounding area by reducing the
danger to persons and property within the immediate area;and
WHEREAS, the District Board of Directors further finds that the inclusion of the District owned
property within the larger Restricted Area is beneficial to the citizens of the District by reducing the danger to
persons and property within and surrounding the affected area; and
WHEREAS, it is beneficial for the District to adopt this ordinance by emergency in order to assure that
the persons and property in and around the restricted area are not further endangered,now therefore,
NOW,THEREFORE, THE REDMOND AREA PARK AND RECREATION DISTRICT BOARD OF
DIRECTORS ORDAINS as follows;
Section l. The discharge and use of firearms shall be prohibited on the Subject Property pursuant to
the provisions of DCC Chapter 9.08, except that the use of firearms as listed in DCC 9.08.040 shall be permitted
as listed therein.
PACE 1 OF 2-ORDINANCE NO.2015-e
Page 9 of 12- EXHIBIT 1 TO ORDER NO. 2015-037
Section 2. The Subject Property is authorized to be included in the Restricted Area proposed by
Deschutes County,as permitted by DCC 9.08.090.
Section 3. EMERGENCY. This Ordinance being necessary for the immediate preservation of the
an emergency is declared to exist,and this Ordinance takes effect on its passage.
public peace,health and safety, p
Dated this 1411'day of April ,2015 REDMOND AREA PARK AND RECREATION
DISTRICT BOARD OF DIRECTORS
Iltiyes cC , ice-Chair
ATTEST:
Recording Secretary
Date of 15t Reading: _14th_day of April ,2015.
Date of 2"d Reading: 14th day of April 12015.
Effective date; JAI day of A ri� l 2015.
PAGE 2 OF 2-ORDINANCE NO.2015-
Page 10 of 12- EXHIBIT 1 TO ORDER NO. 2015-037
1
Exhibit A - Firearms Discharge Restricted
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Exhibit B - Redmond Area Park and Recreation District
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1,41 { Deschutes County Board of Commissioners
1300 NW Wall St., Suite 200, Bend, OR 97701-1960
(541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org
AGENDA REQUEST & STAFF REPORT
For Board Business Meeting of August 12, 2015
DATE: July 15, 2015
FROM: Peter Russell CDD Phone (541) 388-6718
TITLE OF AGENDA ITEM:
Consideration of Board Signature of Order 2015-037 approving a petition for designation of a territory
as East Redmond Firearms Discharge Restricted Area.
PUBLIC HEARING ON THIS DATE? YES
BACKGROUND AND POLICY IMPLICATIONS:
Deschutes County, the City of Redmond, and Redmond Area Park and Recreation Department (RAPD)
all own property to the east of the Redmond City Limits. These properties have experienced people
shooting on these lands. The passing bullets have endan g ered those recreating on the designated biking
and hiking trails in the area and disrupted operations at the Negus transfer station.
To reduce the dangers to persons and property, Deschutes County, Redmond, and RAPD have
proposed the establishment of the East Redmond Firearms Discharge Restricted Area as provided by
Deschutes County Code (DCC) Chapter 9.08. Redmond passed Ordinance 2015-06, effective July 9,
restricting the discharge of firearms on city-owned property outside the city limits. RAPD passed
Ordinance 2015-1, effective April 14, banning the discharge of firearms on RAPD property east of
Redmond.
Notice was also sent to 34 private properties to the west of the proposed East Redmond Firearms
Discharge Restrictd Area. Recipients were requested to sign their name and indicate whether they did
or did not consent to being included in the East Redmond Firearms Discharge Restricted Area. This
meets the petition requirement of DCC 9.08. Of the 34 properties, 23 property owners responded. Of
those 23, 15 wrote no and 8 wrote yes. Of the 8 who wrote yes, 7 abutted the proposed district and thus
could be included.
Establishment of the East Redmond Firearms Discharge Restricted Area will allow the County to post
signs on the properties stating shooting on the sites is prohibited. The posting of the signs will enable
Sheriffs deputies to enforce the prohibition of discharging firearms.
FISCAL IMPLICATIONS:
None.
RECOMMENDATION & ACTION REQUESTED:
Hold the public hearing. If the Board desires to approve the District,
MOTION: Approve Order 2015-037.
ATTENDANCE: Peter Russell, Senior Transportation Planner, Planning Division.
IV ."., '4, i Communty Development Department
0 Planning DiVisian Building Safety Division. Environmental Soils Division
4itk, ,;.et!vi;E„'y.' r•6"ra 0 i; ""^ ,. VV+a i' ,P M ..%944AVIC' '$'
° P.O. Box,6005 117 NW Lafayette;Avenue Bend, Oregon 97708-6005
(541)388-6575 FAX (541)385-1764
http://www.co.deschutes.orms/cddi
TO: Deschutes County Board of County Commissioners
FROM: Peter Russell, Senior Transportation Planner Ptk
DATE: August 12, 2015
RE: East Redmond Firearms Discharge Restricted Area, BOCC Order 2015-037
Background
Deschutes County, the City of Redmond, and Redmond Area Park and Recreation Department
(RAPD) all own property to the east of the Redmond City Limits. (Please see Exhibit A of Order
2015-037.) The properties have experienced people using firearms for target shooting and plinking.
The passing bullets have endangered those recreating on the designated biking and hiking trails in
the area and disrupted operations at the Negus transfer station.
To reduce the dangers to persons and property, Deschutes County, Redmond, and RAPD have
proposed the establishment of the East Redmond Firearms Discharge Restricted Area as provided
by Deschutes County Code (DCC) Chapter 9.08 and Oregon Revised Statute (ORS) 166.71. The
intent of the East Redmond Firearms Discharge Restricted Area is to ensure the safety of people
and property. This would also be consistent with the no shooting provisions of the land to the
immediate east, which is under the jurisdiction of the Bureau of Land Management (BLM).
Summary
Redmond passed Ordinance 2015-06, effective July 9, restricting the discharge of firearms on city-
owned property outside the city limits. RAPD passed Ordinance 2015-1, effective April 14, banning
the discharge of firearms on RAPD property east of Redmond. The ordinances apply to the
portions of the properties which are under the jurisdiction of Deschutes County. The included
properties are:
• Deschutes County: 1513000000103
• City of Redmond: 1513000000115
• RAPD: 1513000000123
The passage of the ordinances fulfills the requirement of DCC 9.08.050(D) that political entities
must pass an ordinance restricting the use of firearms on the property in order to be included in a
firearms discharge restricted area. Essentially, the passage of these ordinances constitutes a yes
to the petition requirements of DCC 9.08.060(A)(5 and 6). Additionally, the County's adoption of
DCC Chapter 9.08 and the initiation of the petition for this district also fulfills that code provision.
Notice was also sent in mid-May to 34 private properties to the west of the proposed East Redmond
Firearms Discharge Restricted Area. Recipients were requested to sign their name and indicate
Quality Services Performed with Pride
whether they did or did not consent to being included in the East Redmond Firearms Discharge
Restricted Area by returning the form by June 5. Of the 34 properties, 23 property owners
responded. Of those 23, 15 wrote no and 8 wrote yes. Of the 8 who wrote yes, 7 abutted the
proposed district and thus could be included under DCC 9.08.050(C). The included properties are:
• Charles Nelson Tauber: 1513030000300
• Stephan Hall: 1513030001800
• Barbara Corwin: 151310A000300
• Timbergon: 151310A000400
• Timbergon: 151310A000500
• Launae Hunter: 151310A000600
• Launae Hunter: 151310A000700
The letters signed by the property owners meet the petition requirement of DCC 9.08.050(A)(2)
and (C).
Recommendation
Staff recommends the Board establish the East Redmond Firearms Discharge Restricted Area
which will allow the County to post signs on the properties stating shooting on the sites is
prohibited. The posting of the signs will enable Sheriff's deputies to enforce the prohibition of
discharging firearms.
Enclosures: Petition for East Redmond Firearms Discharge Restricted Area
Deschutes County Board Order 2015-037
City of Redmond Ordinance 2015-06
Redmond Area Park and Recreation District Ordinance 2015-1
7