8.28.010 Formation--Initiation of proceedings.
Proceedings for the formation of a restricted shooting district in the manner provided by this chapter may be initiated by:
A. The board upon its own motion by resolution and order; or
B. Petition of the residents of any unincorporated area of the county requesting the formation of a restricted shooting district. To be valid a petition shall be:
Addressed and submitted to the board with a fifty dollar fee for processing,
Signed by at least fifty percent of the qualified voters residing within the proposed district,
Verified by the affidavits of the persons who circulated the petition, stating that every person who signed did so in their presence and that they believe such signer stated his correct residence address and is qualified to vote in the district. (Ord. 261 § 2(A(Exhibit A § 1)), 1982)
8.28.020 Contents of order or petition.
A resolution and order of the board made, or a petition submitted, pursuant to Section 8.28.010 shall set forth:
A. The name of the proposed restricted shooting district; and
B. The boundaries of the proposed restricted shooting district set forth in the order or petition and on a map attached hereto. (Ord. 261 § 2(A(Exhibit A § 2)), 1982)
8.28.030 Report from sheriff, order for public hearing--Notice.
Upon entry of a resolution and order or receipt of a valid petition pursuant to Sections 8.28.010 and 8.28.020, the board shall, by resolution and order, direct:
A. That the sheriff report in writing to the board regarding the establishment of the proposed restricted shooting district, along with any recommendation concerning feasibility, public convenience and necessity, and the enlargement or reduction of the boundaries of the proposed restricted shooting district;
B. That a public hearing be held on the formation of the restricted shooting district not later than forty-five days from the date of the resolution and order provided for in this section;
C. That a notice of a public hearing on the formation be posted in at least three conspicuous places within the boundaries of the proposed restricted shooting district for at least two weeks prior to the public hearing;
D. That a notice of the public hearing be published by the ex-officio county clerk in a newspaper of general circulation within the county at least once a week for two successive weeks prior to the date of public hearing. (Ord. 261 § 2(A(Exhibit A § 3)), 1982)
All notices provided for herein shall set forth the following:
A. That an order has been made or a petition has been received, as the case may be, for the formation of a restricted shooting district;
B. A statement which describes the activities prohibited by this chapter within a restricted shooting district;
C. That a public hearing on the formation of a restricted shooting district will be held by the board, and setting forth the time and place of such hearing, inviting those residing therein to come and be heard at the hearing;
D. The name of the proposed restricted shooting district and the description of the boundaries of the district. So far as practical, the boundaries of said proposed district shall be designated by established streets, roads and highways as shown on a map of the district. (Ord. 261 § 2(A(Exhibit A § 4)), 1982)
8.28.050 Notice--Posting exemption.
If a petition has been signed by one hundred percent of the legally qualified voters in the proposed restricted shooting district, the board may dispense with the required posting of notices in three conspicuous places within the boundaries of the proposed restricted shooting district, but shall comply with all other requirements herein, including publishing requirements of Section 8.28.030D of this chapter. (Ord. 261 § 2(A(Exhibit A § 5)), 1982)
8.28.060 Public hearing.
At the public hearing provided for by resolution and order of the board concerning the formation of the proposed restricted shooting district as hereinabove provided:
A. Any person residing within the proposed district may appear and testify in favor of, or in opposition to, the establishment of the proposed restricted shooting district;
B. The report of the sheriff and his recommendation thereupon shall be noted and entered on the minutes of the board;
C. The boundaries of the proposed restricted shooting district may be altered at the public hearing in the following manner:
The board may reduce the boundaries of the proposed restricted shooting district upon the closing of the hearing if the board finds that the area should not be included therein,
The board may enlarge the boundaries of the proposed restricted shooting district, if prior to or at the public hearing or any continuance thereof, a petition signed by sixty or more of the voters in any area contiguous to the proposed district is filed with the board, praying for the including of such land within the proposed restricted shooting district and the board deems the petition in the public interest pursuant to subsections D and E of this section, and the area remains contiguous to the final boundaries of the proposed restricted shooting district;
D. In determining the boundaries of a restricted shooting district and whether or not a restricted shooting district should be established in any area or areas, the board shall take consideration of the following factors, including, but not limited to:
The density of the population in the area,
The danger and hazard created by the discharge of firearms,
The need of the residents in the area to use firearms to control birds or wild animals,
Public interest in hunting within the area,
The safety and security of the residents of the area;
E. If the board finds and determines that the restricted shooting district should be established for the reasonable safety and security of the residents therein and that said establishment is consistent to the best interests of the residents therein and of the public in general, the board may enter an order establishing the restricted shooting district.
The order shall set forth the boundaries of the restricted shooting district, the name of the restricted shooting district, indicate whether the use of shotguns is allowed for the purpose of controlling predatory birds and animals, and the effective date of the formation,
The formation shall become effective within ten days after the order unless a different time is designated by the board. (Ord. 261 § 2(A(Exhibit A § 6)), 1982)
The board shall allow the posting of signs by any person at his own expense residing within any restricted shooting district which indicated that firing or discharging of firearms or weapons which acts by force of explosion is prohibited by county ordinance. The signs must be approved by the department of public safety before posting and shall state such approval on the face thereof; and such signs will not be posted on any county right-of-way. The signs may contain the exception for use of shotguns for controlling predatory birds and animals if such exception is ordered by the board for the particular district. (Ord. 261 § 2(A(Exhibit A § 7)), 1982)
8.28.080 Annexation, consolidation, dissolution, withdrawal of territory--Procedure.
The procedure for annexation, consolidation, dissolution or withdrawal of territory in any restricted shooting district shall be the same as that prescribed for the establishment of said district. (Ord. 261 § 2(A(Exhibit A § 8)), 1982)
8.28.090 Discharge of firearms or weapons prohibited--Exceptions.
A. From and after the formation date of an order of the board establishing a restricted shooting district, it shall be unlawful for any person to fire or discharge any firearms or weapon which acts by force of explosion within the boundaries of any restricted shooting district in the county. An exception to this may be for the use of shotguns for the control of predatory birds and animals if such exception is ordered by the board for the particular district in accordance with Section 8.28.060 of this chapter.
B. The provisions of this chapter shall not apply to any member or guest of any club or organization which is established for the purpose of practicing shooting at targets upon established ranges whether public or private, while such members or guests are discharging or firing weapons or firearms at targets upon such ranges. Such a range will be deemed "established" upon a finding by the sheriff of the county that the range contains such safeguards as are adequate to protect the public health, safety and welfare. A written notice of appeal by any aggrieved party from the written findings of the sheriff may be made within ten days from the date of report to the board of county commissioners of such finding, and the board shall review the determinations of the sheriff at its next regularly scheduled meeting. Review of this determination of the board shall be appealable to the Circuit Court of Oregon for the county, pursuant to a writ of review according to ORS 34.010 through 34.100 and not otherwise. (Ord. 261 § 2(A(Exhibit A § 9)), 1982)
8.28.100 Continuity of former districts.
Any restricted shooting district validly organized under Ordinances 54, 68, 79 and 213 of the county shall continue in existence with the boundaries as set forth and existing immediately prior to the effective date of the ordinance codified in this chapter. (Ord. 261 § 2(A(Exhibit A § 12)), 1982)
A county officer, as defined in the uniform citation ordinance, and a private citizen may issue a citation for violation of this chapter and the rules and regulations adopted pursuant thereto. Citations shall conform to the requirements of the uniform citation ordinance, Chapter 1.08. (Ord. 491 § 2(B) Exh. G (part), 1997)
8.28.106 Citation--Other enforcement procedures not excluded.
The provisions of this chapter are in addition to and not in lieu of any other procedures and remedies provided by law, including equitable relief and damages. (Ord. 491 § 2(B) Exh. G (part), 1997)
A. Any person who violates Section 8.28.090 of this chapter and is convicted thereof shall be fined not more than one hundred dollars or imprisoned in the county jail for not more than sixty days, or both.
B. Subsection A of this section does not apply to:
A person acting in defense or protection of his property;
A person protecting himself or other human life; or
A person utilizing a signaling device, including but not limited to a starting gun, utilized in an ordinary and lawful manner. (Ord. 261 § 2(A(Exhibit A § 10)), 1982)