Brynn writes:
Last week I set out to learn how the recent approval in Pierce
County of an ordinance protecting shooting ranges might affect the
work being done in Kitsap on a similar topic. What resulted was a
different story entirely. I
learned the county hopes to have an expert come in to talk to its
committee tasked with updating the shooting range ordinance. The
expert will talk about sound and how it travels, and conduct sound
studies at the Kitsap Rifle and Revolver Club, Poulsbo Sportmans
Club and Bremerton Trap and Skeet Club.
The story that ran Sunday, Aug. 18, focused on the noise and not
the action taken by the Pierce County Council. But while talking
with committee members for that story I asked how the decision in
our neighboring county might affect the work they’re doing.
It’s also a question that’s been posed by readers. Why didn’t
Kitsap do what Pierce County did? I haven’t read the Pierce County
ordinance, but I read both stories written by The News Tribune,
which covered the vote. (Those stories can be read here and here.)
After reading the articles, it appears the measure was approved
to protect the five gun ranges in Pierce County’s unincorporated
area from potential noise and nuisance complaints and lawsuits. The
TNT article cites the lawsuit between Kitsap County and the Kitsap
Rifle and Revolver Club as an example. That lawsuit included noise
complaints, but also safety concerns and land use allegations that
the range expanded its operations without a county permit.
Kitsap’s Department of Community Development Director Larry
Keeton said the Pierce County measure is a replica of legislation
proposed in Olympia . Proposed in 2011, House Bill 1508 passed out
of the house in February 2012 but hasn’t gained enough traction to
get final approval. (Read a summary of the bill’s history at
washingtonvotes.org.)
“One thing to be aware of in Pierce County, unlike Kitsap
County, is their ranges don’t have the same issues necessarily that
we do,” Keeton said.
He cited the Paul Bunyan Rifle and Sportsman’s Club,
located near Graham, noting the club made a large financial
investment by installing baffles to help reduce sound leaving the
range and stray bullets.
After the Pierce County decision, Marcus Carter, KRRC executive
officer, sent an email to the county requesting the information
about the approval be circulated among the members of the shooting
range ordinance update committee. Carter says he never received a
response and hasn’t seen the information circulated via email like
he asked.
“We’re following what happening in Pierce County,” he said of
KRRC. “If the same thing had been enacted in Kitsap County it would
have prevented the county from suing us.”
It’s doubtful Carter’s assertion that passing similar policy in
Kitsap would have prevented the lawsuit because the suit filed
against KRRC covered more issue than just noise concerns by
neighbors.
Doug O’Connor, President of the Poulsbo Sportsman Club, thinks
Pierce County’s action “preempted state law in the reverse order,”
he said. “They’re doing more than what the state law proposes.”
Reviewing the ordinance at the committee level will “put another
wrinkle into the deliberations, good, bad or indifferent,” he said.
O’Connor, along with Carter and a representative from Bremerton
Trap and Skeet sit on the committee with three county commissioner
appointed representatives.
Committee chairman and Kitsap County Sheriff’s Office Patrol
Chief Gary Simpson has asked the county’s legal team to look into
obtaining a copy of the policy approved in Pierce County. The
document will be brought to the committee for discussion, Simpson
said.
“We know it’s there, we know it’s something that’s different,”
he said. “It’s something we’re going to want to investigate and
look at how it is applicable to our discussions.”
You can click here to read the Pierce
County ordinance — the bottom of the document list is where you’ll
find the final document.
It was also brought to my attention that Kitsap County deputy
prosecuting attorney Neil Wachter submitted comments to the Pierce
County Council before members voted. Watcher clearly states in his
comments to Pierce County that he’s offering comments as a private
citizen and not in his legal capacity as counsel for Kitsap. He
also lays out his expertise and involvement in the lawsuit against
KRRC in his email, offering full disclosure.
“My comments made in the arena in Pierce County are strictly of
those as a private citizen,” Wachter told me. He said it would have
been irresponsible for him not to say something because of his
legal experience and knowledge of the subject matter.
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