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Home My WebLink Aboutord2021-061Whatcom County COUNTY COURTHOUSE 311 Grand Avenue, Ste #105 Bellingham, WA 98225-4038 (360)778-5010 Agenda Bill Master Report File Number: AB2021-185 File ID: AB2021-185 Version: 1 Status: Rescinded File Created: 03/16/2021 Entered by: DBrown@co.whatcom.wa.us Department: Council Office File Type: Ordinance Requiring a Public Hearing Assigned to: Council Final Action: 10/26/2021 Agenda Date: 10/12/2021 Enactment #: ORD 2021-061 Primary Contact Email: DBrown@co.whatcom.wa..us TITLE FOR AGENDA ITEM: Ordinance amending Whatcom County Code 9.32, Unlawful Discharge of Firearms, to establish a no shooting zone in the Drayton Harbor area of Whatcom County SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: ORIGINAL PROPOSED BOUNDARIES: At the request of the City of Blaine, this ordinance would establish a no shooting zone in the Drayton Harbor area of Whatcom County. The boundaries of the proposed zone are as follows: That portion of Sections 7 and 18, Township 40 North, Range 1 East and Sections 1, 2, 11, 12, and 13, Township 40 North, Range 1 West, W.M., Whatcom County, Washington described as follows: Beginning along Drayton Harbor Road (Co. Rd. No. 37) at the intersection of the ordinary high water mark of Drayton Harbor with the limits of the city of Blaine, Whatcom County, Washington; thence easterly along said ordinary high water mark to the intersection with the northerly face of an existing bridge over California Creek; thence easterly along said northerly bridge face to the intersection with said ordinary high water mark; thence northerly along said ordinary high water mark to the intersection with said city limits; thence along said city limits westerly, northerly and southerly to the point of beginning. REVISED PROPOSED BOUNDARIES FOR JUNE 15, 2021, INTRODUCTION: Unincorporated Whatcom County all within Drayton Harbor, Blaine Washington, described as follows: Those portions of said harbor within 1,000 feet waterward of the high tide mark of the shoreline of said harbor or the limits of the city of Blaine, Whatcom County, Washington whichever is greater distance from said high tide mark. Whatcom County Page 1 Printed on 1012712021 Agenda Bill Master Report Continued (AB2021-185) HISTORY OF LEGISLATIVE FILE Date: Acting Body: Action: Sent To: 05/04/2021 Council INTRODUCED FOR PUBLIC Council HEARING Aye: 4 Browne, Buchanan, Donovan, and Frazey Nay: 2 Elenbaas, and Kershner Absent: 1 Byrd 05/18/2021 Council HEARD PUBLIC Council Committee of the Whole TESTIMONY AND HELD IN COUNCIL Aye: 5 Browne, Buchanan, Byrd, Elenbaas, and Kershner Nay: 2 Donovan, and Frazey Absent: 0 06/01/2021 Council Committee of the Whole DISCUSSED AND MOTION(S) APPROVED Aye: 6 Browne, Buchanan, Byrd, Donovan, Elenbaas, and Kershner Nay: 1 Frazey Absent: 0 06/01/2021 Council REFERRED TO Council Committee of the Whole COMMITTEE Aye: 6 Browne, Buchanan, Byrd, Donovan, Elenbaas, and Frazey Nay: 0 Absent: 1 Kershner 06/15/2021 Council Committee of the Whole DISCUSSED AND MOTION(S) APPROVED 06/15/2021 Council REFERRED TO Council Committee of the Whole COMMITTEE Aye: 7 Browne, Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Kershner Nay: 0 Absent: 0 07/27/2021 Council Committee of the Whole DISCUSSED 07/27/2021 Council WITHDRAWN 09/14/2021 Council Committee of the Whole DISCUSSED AND MOTION(S) APPROVED 09/28/2021 Council INTRODUCED FOR PUBLIC Council HEARING Aye: 7 Browne, Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Kershner Nay: 0 Absent: 0 10/12/2021 Council ADOPTED Aye: 4 Browne, Byrd, Elenbaas, and Kershner Whatcom County Page 2 Printed on 10/27/2021 Agenda Bill Master Report Continued (AB2021-185) Nay: 3 Buchanan, Donovan, and Frazey Absent: 0 10/26/2021 Council RESCINDED Attachments: Agenda Bill Master Report, Rescinded Ordinance 2021-061, Proposed Ordinance for June 15 Introduction, Letter from Mayor of Blaine 4.14.2021, Drayton NSZ Department Comments, WDFW Drayton Harbor, Link to Drayton Harbor - Dearborn Public Comments, Letter from Lummi Indian Business Council Whatcom County Page 3 Printed on 10/27/2021 Drayton Harbor NSZ (City of Blaine proposed) ORDINANCE NO. PROPOSED BY: CITY OF BLAINE INTRODUCTION DATE: JUNE 15, 2021 AMENDING WHATCOM COUNTY CODE 9.32, UNLAWFUL DISCHARGE OF FIREARMS, TO ESTABLISH A NO SHOOTING ZONE IN THE DRAYTON HARBOR AREA OF WHATCOM COUNTY WHEREAS, pursuant to Whatcom County Code 9.32.050 the County Council m initiative, pass a resolution declaring its intent to form a no shooting zone; and WHEREAS, on July 23, 2019, the Council approved Resolution 2019-035, de conduct a public hearing to consider creating a no shooting zone in the Drayton Harb( County, as proposed by the City of Blaine; and WHEREAS, our local Native American tribal members have a limit wildlife they have used as an integral part of their cultural traditlAks since WHEREAS, previous laws restricting Non -Native America where Native Americans have retained their rights under the 185r tribal members becoming the target of protests, discrimination A WHEREAS, where possible Whatcom County seeks to rights so as to reduce the potential for misunderstanding WHEREAS, the Lummi restrict tribal occupied house; and WHEREAS, pursuant to Whatcom Cou has the authority and power to establish no s WHEREAS, a "no shooting 2 discharge of firearms is prohibited; a on its own t to hom hunt fishing in areas have resulted in ence; and kY laws with Tribal treaty ination; and 1,000 feet of an 020 and RCW 36.32.120 the County Council hand by the County Council in which the WHEREAS, RCW 9.41. ) fficall ates that counties may enact laws and ordinances restricting the discharge of sin on of their respective jurisdiction where there is a reasonable likelihood that h ans tic animals, or property will be jeopardized; and WHEREAS, accordin e pro al submitted by the City of Blaine (see City of Blaine Resolution No.1765��ched qs E it A to this ordinance): members of the public to distinguish between incorporated and eas, particularly on open water, which causes numerous hunters to e into areas where hunting and discharge of firearms is illegal; "Fexpressed concerns about gunfire near homes and property and repeatedly lice response to such incidents; Unincorporated portions of Drayton Harbor aquatic area, tidelands, and shoreline are within and adjacent to urban growth areas; Population is expanding and housing density is increasing within the areas surrounding Drayton Harbor both within the City and in areas of unincorporated Whatcom County; and WHEREAS, twenty-three other no shooting zones have been established throughout Whatcom County as a means to protect the public. NOW THEREFORE, BE IT ORDAINED by the Whatcom County Council that a new section of Whatcom County Code 9.32 shall be added to create a no -shooting zone in the Drayton Harbor area the boundaries of which will be the greater of (a) one thousand (1,000) feet from the high tide mark of the shoreline, or (b) the city limits of Blaine, as outlined in Exhibit B to this ordinance. BE IT FINALLY ORDAINED that Tribal members exercising treaty rights to hunt on traditional hunting grounds that are open and unclaimed are not subject to this ordinance. ADOPTED this ATTEST: day of , 2021. Dana Brown -Davis, Clerk of the Council APPROVED AS TO FORM: Approved via email by Karen Frakes / LB Civil Deputy Prosecutor WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Barry Buchanan, Council Chair () Approved () Denied Satpal Sidhu, Executive Date: � Exhibit A (Drayton Harbor No Shooting Zone - City of Blaine Resolution) R} SULUTION'SO- 176-17-19 A aR_F-W)LUTION OF THF. CITY COUNCIL OF THE CrrY 43F BLAINE., WA.SaFI.M TO SEEK DESIGNATION Or ALL UN NC0RV,0 tA7fRb FOR110NS OF D A HARBOR AQUATIC AREA, TIDELANDS AND SHORELINE AS A NO SHQ( 7A)N E PURSUANT TO VMATCOM COUNTY -CODE 9.12. Whereas, Portions of the Drayton Harbor aquatic area, tidelands anti 511ure9ine are within limits, and Wbeireas, pertiorns of Draytm Harbor aquatic arcs. tidc-iauds and shordine arc w County jurisdiction, and Whercss, hurhting and the dischmgin- -of firearms is prohibited in th�ty limitsMd Whereas, it is difficult for members of the public to distinguish betAftoorp unirticorparated areas patroculafly on l}he open water, which causes %isLLandinadvertently move inarea to s whew hunting rind diseharg�cof fi Whereas, our dd2ens have expressed concerns about gunfire ne repeatedly call far police response to such incidents, and Whereas, uuincorparated portion of Drayton F within and adjacent to urban growth ah�g�, and Wh-ereay, popuWan is expanding and h� Draytoiy Harbor both within the City and Al Whereas, the Revicd Codc of W to dcsignatr no shoo4ng zcures, ag Wherias, Whatcam C'.ounty twenty-vra no shooting uthcr lacatiuns of hi Now therciore, thK aquatic a-rra5 and ti Shooting ZA f tseeednlnarse thin tho areas suffouruding d %Vhatoam Couwy, fidc5 Whatcarn. County aulhurity .w Cul Discharge {rf Firearms" de;qignt<tec� adjacent to cities, urban growth arc�s-5 and City of Blaine hereby resolves io seek designation of all the CM Harbor l atad within WhatQMR C'QUnty ab, a np Linty Codc Section 1.32. PAS;- FRY . C1 t~t~FUNCll. OF RLAINF,,, WASSHI:VGTQIY, on the e day of ]uly, 3019, aq{i . UV uyur the €arse day. k Dp IFY 0 ASH INCTON Bon ATTE;ST1A,1,qHENT1CATE. Samuel Crawfct5 Ctry Clerk Rcealution l76S-19 Pago 1 of 1 Exhibit B (Whatcom County Drayton Harbor No Shooting Zone) 9.32.350 No shooting zone number established. UNINCORPORATED WHATCOM COUNTY ALL WITHIN DRAYTON HARBOR BLAINE WASHINGTON DESCRIBED AS THOSE PORTIONS OF SAID HARBOR VVDlH[N 1,000 FEET VVATERVVARD OF THE HIGH TIDE MARK OF THE SHORELINE OF SAID HARBOR OR THE LIMITS OF THE CITY OF BLAINE, WHATCOM COUNTY, WASHINGTON EVER IS GREATER DISTANCE FROM SAID HIGH TIDE MARK. �� Park city 77 High Tide, Mark IL 1,WDF1Cff*L-tFrDMHkp-ndeMaft County No Shootiii.a Zone