HomeMy WebLinkAboutRestricted Firearms District - Lazy River�oTEs C
gv 2,
❑ {
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 10:00 AM, Monday, August 18, 2008
Please see directions for completing this document on the next page.
DATE: August 6, 2008.
FROM: Doreen Biome Community Development (CDD 317-3193
TITLE OF AGENDA ITEM:
Discussion of Title 9, Chapter 9.08 as to whether part of a subdivision may be designated as a boundary
for a proposed Restricted Firearms District.
PUBLIC HEARING ON THIS DATE? No.
BACKGROUND AND POLICY IMPLICATIONS:
A citizen wanting to form a restricted firearms district in the Lazy River Subdivision is inquiring as io
whether the proposed district boundary could include part, but not all of the subdivision. Deschutes
County Legal Department has advised that the Board of Commissioners would have to rule on
interpretation of the code to approve formation of a part of a subdivision as a restricted area. The citizen
inquiring owns and resides in property located in the northernmost, detached section of the Lazy River
Subdivision (see map).
FISCAL IMPLICATIONS:
None.
RECOMMENDATION & ACTION REQUESTED:
Discuss with staff how the Board is likely to interpret the subject code should a petition be filed for a
proposed Restricted Firearms District in only a portion of a subdivision.
ATTENDANCE: Laurie Craghead, Legal Department; Doreen Biome, CDD.
DISTRIBUTION OF DOCUMENTS:
Not applicable.
Chapter 9.08. DISCHARGE OF FIREARMS
9.08.010. Definitions.
9.08.020. Definition -Board.
9.08.025. Definition -Restricted Area.
9.08.026. Definition -River Miles.
9.08.030. Discharge of Firearms Prohibited.
9.08.040. Exemptions to Chapter Applicability.
9.08.050. Restricted Areas.
9.08.060. Petitions -Requirements.
9.08.070. Petitions -Time Limit for Securing Signatures.
9.08.080. Petitions -Hearing -Notice.
9.08.090. Petitions -Formation of Restricted Areas.
9.08.100. Deschutes River Corridor Restricted Area.
9.08.110. Violation -Penalty.
9.08.010. Definitions.
For the purposes of DCC 9.08, unless otherwise apparent from the context, certain words and phrases used
in DCC 9.08 are defined as set forth in DCC 9.08.020 through DCC 9.08.026.
(Ord. 95-033 §1, 1995; Ord. 93-050 §1, 1993; Ord. 90-040 §1, 1990; Ord. 203-5 §3, 1975)
9.08.020. Definition -Board.
"Board" means the Board of County Commissioners of Deschutes County, Oregon.
(Ord. 93-050 §1, 1993; Ord 90-040 §1, 1990; Ord. 203.5 §3, 1975)
9.08.025. Definition -Restricted Area.
"Restricted area" means an area restricted pursuant to the provisions of DCC 9.08 or an area designated as
restricted in DCC 9.08.
(Ord. 93-050 §1, 1993; Ord. 90-040 §1, 1990; Ord. 203.5 §3, 1975)
9.08.026. Definition -River Miles.
"River miles" refers to mileage measured along the river, with reference to river mile designations shown on
1981 photo revised USGS quadrangle maps of the areas in question.
(Ord. 93-050 §1, 1993)
9.08.030. Discharge of Firearms Prohibited.
No person shall fire or discharge any weapon which acts by force of explosive, except as provided in DCC
9.08.040, within an area designated as a restricted area pursuant to DCC 9.08.090 or designated as a
restricted area in DCC 9.08.
(Ord. 95-033 §1, 1995; Ord. 93-050 §1, 1993; Ord. 203.5 §1, 1975)
9.08.040. Exemptions to Chapter Applicability.
A. DCC 9.08.030 shall not apply to:
1. A person acting in defense or protection of his or her property or of an individual.
Chapter 9.08 1 (09/2005)
2. A peace officer acting in the course of his or her duty.
3. A lawfully established firing range.
4. An employee or agent of the Oregon Depaitment of Fish and Wildlife acting in the course of his or
her official duties.
5. A person acting under the authority of a wildlife damage control permit issued by the Oregon
Department of Fish and Wildlife.
6. A person slaughtering his or her farm animals or acting under the direction of the owner of the farm
animals in the ordinary course and scope of farming practices.
(Ord. 98-006 §1, 1998; Ord. 95-033 §1, 1995; Ord. 93-050 §1, 1993; Ord. 90-040 §1, 1990; Ord. 203.5 §2,
1975)
9.08.050. Restricted Areas.
A. This provision shall apply to restricted areas formed through the petition process. A restricted area
formed by petition may be formed in the following areas, subject to petition and signature requirements
set forth in DCC 9.08.060, provided that the properties within a single proposed district are contiguous:
1. Recorded subdivisions or town plats; or
2. Individual lots outside of recorded subdivisions or town plats, where such lots are contiguous to a
subdivision or town plat in an existing or proposed restricted area or are contiguous to other lots
included within an existing or proposed restricted area; or
3. Any combination thereof.
B. No subdivision or town plat shall be eligible for such designation unless 60 percent of the registered
voters within such subdivision or combination of subdivisions sign the petition proposing such district.
C. No individual lot not covered by a town plat or recorded subdivision plat shall be eligible for inclusion
in a proposed restricted area unless the owner of such lot signs a petition requesting such designation.
Determination of ownership shall be made using the most recent property tax assessment roll. Recent
purchasers must provide a certified copy of a deed.
D. Except as set forth in DCC 9.08.050(B), no individual lots owned by a political subdivision of the State
of Oregon or special district shall be eligible for inclusion in a proposed restricted area unless such
governmental entity or quasi -governmental entity shall have passed an ordinance consistent with the
provisions of DCC 9.08 restricting the discharge of firearms on such property.
E. Any area eligible to be included in a restricted area under DCC 9.08.050 may annex onto an existing
firearms district by following the formation procedures set forth in DCC 9.08.
(Ord. 95-033 §1, 1995; Ord. 93-050 §1, 1993; Ord. 91-048 §1, 1991; Ord. 90-040 §1, 1990; Amendment to
Ord. 203.5 passed 12/1/76; Ord. 203.5 §4, 1975)
9.08.060. Petitions -Requirements.
A. Except for restricted areas designated outright in DCC 9.08, a proposal for formation of a restricted area
shall be made by petition. The petition, which may consist of a single instrument or separate
counterparts, shall contain the following:
1. A description of the boundaries of the proposed restricted area;
2. A statement that the area is proposed to be restricted pursuant to the provisions of DCC 9.08;
3. At least one, and as many as three, chief petitioners, setting forth their names and mailing
addresses;
4. The signatures of not less than 60 percent of the registered voters of subdivisions included within
the proposed restricted area;
5. The signature of each owner, or authorized representative thereof, of any individual lot outside of a
recorded subdivision plat or town plat entitled to be included in a proposed restricted area; and
Chapter 9.08 2 (09/2005)
6. A certified true copy of any ordinance of a municipal corporation or special district with property
included within the proposed boundaries designating the area to be a restricted area consistent with
the provisions of DCC 9.08.
B. Each person signing a petition shall, besides signing the petition, also print his name after his signature
and shall add after his signature his place of residence, giving street and number or designation
sufficient to enable the place or residence to be readily ascertained.
C. After a petition has been offered for filing a person may not withdraw his name there from.
(Ord. 95-033 §1, 1995; Ord. 93-050 §1, 1993; Ord. 91-048 §1, 1991; Ord. 90-040 §1, 1990; Ord. 203.5 §5,
1975)
9.08.070. Petitions -Time Limit for Securing Signatures.
A. A petition shall not be accepted for filing unless the signatures thereon have been secured within six
months of the date on which the first signature on the petition was affixed. The petition shall be filed
with the County Clerk.
B. The petition shall be accompanied by a sum of money determined by the Board as sufficient to cover
the expenses of the formation of the district.
C. Within 10 days after the date the petition is offered for filing, the County Clerk shall examine the
petition and determine whether it is signed by the requisite number of qualified signers. If the requisite
number of qualified signers have signed the petition, the Clerk shall forward the petition to the Board.
If the requisite number have not signed the petition the Clerk shall notify the chief petitioners and may
return the petition to the petitioners.
D. A petition shall not be filed unless the certificate of the County Clerk is attached thereto certifying that
he has compared the signatures of the signers with the appropriate records; that he has ascertained there
from the number of qualified signers appearing on the petition and that the petition is signed by the
requisite number of qualified signers.
(Ord. 95-033 §1, 1995; Ord. 93-050 §1, 1993; Ord. 203.5 §6, 1975)
9.08.080. Petitions -Hearing -Notice.
A. Following receipt of the petition from the County Clerk, the Board shall set a date for hearing not less
than 15 days nor more than 45 days after the date the petition is received by the Board.
B. The Board shall cause notice of the hearing to be posted in at least three public places within the
proposed restricted area and published once by insertion in a newspaper of general circulation in the
restricted area not less than seven nor more than 14 days prior to the date set for hearing. The notice
shall state:
1. The purpose for which the district is being formed;
2. The boundaries for the proposed district;
3. The time and place set for hearing; and
4. That all interested parties may appear and be heard and that notice be given to the non -appearing
registered voters within the area omitted. The hearing may not be continued for more than 15 days.
(Ord. 95-033 §1, 1995; Ord. 93-050 §1, 1993; Ord. 90-040 §1, 1990; Ord. 203.5 §7, 1975)
9.08.090. Petitions -Formation of Restricted Areas.
If after hearing the petition the Board determines that the area would benefit by the restrictions of DCC
9.08, it may enter an order stating that the area petitioned to be restricted, and as may be amended, shall be
subject to the provisions of DCC 9.08. The order shall take effect immediately upon passage.
(Ord. 95-033 §1, 1995; Ord. 93-050 §1, 1993; Ord. 90-040 §1, 1990; Ord. 203.5 §8, 1975)
Chapter 9.08 3 (09/2005)
9.08.100. Deschutes River Corridor Restricted Area.
A. For the purposes of DCC 9.08, the Deschutes River Corridor restricted area, as described in DCC
9.08.100, shall be a restricted area. The boundaries of the Deschutes River Corridor restricted area shall
extend from the northern boundary of Sunriver, located at the SW 1/4 of section 20, Township 19 S.,
Range 11 E.W.M. (river mile 185.45) to the southern edge of the area platted as First Addition River
Forest Acres subdivision, located in the SW 1/4 of Section 35, Township 20 S., Range 10 E.W.M. (river
mile 203.07), except for the following excluded areas:
1. A 2.77 -mile segment of the Deschutes River extending between river mile 187.70 through 190.41,
more generally described as that segment of the river lying between a point located .77 river miles
upstream of Cardinal Bridge and a point located .09 river miles downstream of the confluence with
Spring River, which is open to shotguns only from 11/1 to the end of the waterfowl season
established by the Oregon Department of Fish and Wildlife.
2. A .36 -mile segment of the Deschutes River extending between river miles 191.52 and 191,88,
covering that area extending downstream .21 river miles from where Spring River Road crosses the
river at Harper Bridge (located at river mile 191.73) and upstream .15 river miles from Harper
Bridge;
3. A .35 -mile segment of the Deschutes River extending between river miles 192.40 and 192.75,
covering that area extending .15 river miles downstream of the confluence of the Little Deschutes
River (located at river mile 192.55) and .20 river miles upstream of the confluence of the Little
Deschutes River;
4. A .15 -mile segment of the Deschutes River upstream of the General Patch Bridge extending
between river miles 200.00 and 200.15;
5. A .61 -mile segment of the Deschutes River upstream of the General Patch Bridge extending
between river miles 200.60 and 201.21; and
6. A .27 -mile segment of the Deschutes River upstream of the General Patch Bridge extending
between river miles 202.41 and 202.68;
The restricted area shall include the beds and banks and surface of the Deschutes River segments
described above that fall below the ordinary high water mark, any included islands and those
adjacent lands within 150 yards from the ordinary high water mark on each side of the river.
B. The areas identified herein as excluded areas shall not be restricted by the provisions of DCC 9.08.
C. This designation shall not affect any other pre-existing designated restricted areas.
(Ord 2005-043 §1, 2005; Ord. 2002-014 §1, 2002; Ord. 2001-049 §1, 2001; Ord. 95-033 §1, 1995; Ord.
93-050 §1, 1993)
9.08.110. Violation -Penalty.
Violation of any provision of DCC 9.08 is a Class A infraction.
(Ord. 95-033 §1, 1995; Ord. 90-040 §1, 1990; Ord. 83-014 §1, 1983: Ord. 203-5 §9, 1975)
Chapter 9.08 4 (09/2005)
Lazy River
Subdivision
1" = 800'
7 71V
—1 -
I
'f(71
n7Ow
ASP
" I
11
_t
1
L I
LIVELY LN
-----------
, / 1
,
L1
-
/
HELBRO K DR 311
---
, 12
MAYFIELOOR—i
T
7'
0
WH
WELLS RD
July 28. 2008
NACustorn County4CDD PlannincADoreen81NoShootIng Districts LazyRIverlLazy_ tiver.mxd