Tuesday's Internet Edition, September 07, 2010.
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The ordinance formerly stated that “no person shall, without permission of the current owner or lawful occupier of such property, discharge a firearm within 300 feet of a dwelling or other building or structure, which is designed to be occupied by human beings.” The Public Safety Advisory Committee recommended that the distance be increased from 300 feet to 500 feet and that no one under the age of 18 be allowed to discharged a firearm unless accompanied by an adult age 18 or older.
At its meeting on November 9, the council considered these recommendations and voted 5-2 to change the 300 feet distance requirement to 500 feet while striking the proposed 18 or older age requirement. Under North Carolina law, anyone age 16 or older is allowed to discharge a firearm unsupervised if he or she has passed the state’s hunter safety course. This course must be completed in order to obtain a hunting license.
Voting in favor of the change were Mayor Tom Lawson and Councilmen Mike Horn, Dr. Ken Sadler, Roger Fowler and Shelton Barefoot.
Councilman Larry Sowers and Councilwoman Jane Welch were opposed. Sowers said he favored keeping the 300 feet distance.
“My opinion is we leave the ordinance as it is. If we change it to 500 feet then, as you go north, more people will lose the ability to shoot on their own property. We still have a lot of open land,” he stated.
Welch said she would like to see a complete ban on the discharge of firearms within town limits.
“Some feel a total ban would be over-governing, but I have to consider what is in the best interest of the majority of our citizens,” she stated. “Their health and safety are my first priority. When we do we decide that Lewisville has grown to the point where a ban would be reasonable?”
That question has been at the center of the firearms debate and has highlighted Lewisville’s status as a town in transition. When Lewisville incorporated in 1991, there were many large tracts of farmland and woodland where hunting and discharging firearms was appropriate.
Over the past 15 years, the population has swelled from 6,200 to 13,000 with the majority of that growth taking place in subdivisions. However, some of the large land tracts still exist, particularly along Lewisville’s northern boundary.
“As long as development continues and the population increases, this issue will keep coming up,” Planning Board member John Sangimino told the council. “Density is the issue- it affects everything. As these large tracts of land are sold to developers, the town will continue to move from rural to suburban to urban, and friction between people will increase.”
It was citizen complaints that first brought the firearms issue to council’s attention. Back in February, residents of Deverow Court notified Town Hall of gunfire in their neighborhood. A 16-year old had set up a firing range on his property but was within his rights to do so because he had met the 300 feet requirement.
The complaints were forwarded to the Public Safety Committee, which studied the ordinance and recommended that the distance be increased to 1,000 feet. Committee members also recommended restricting firearms discharge to areas zoned AG and YR only and instituting the 18 or older age limit.
Council reviewed these recommendations, changed the distance to 500 feet and deleted the zoning requirements. The issue came up for a vote in May, but council postponed any action and instead sent the ordinance back to Public Safety for more discussion with residents.
“I attended those meetings, and I heard most people say they wanted the ordinance left alone,” Rich Reich told the council last Thursday. “My son is the person who was firing a rifle at a target range in our backyard. The range is located 20 feet down in an embankment, and we have permission to shoot from the neighbor whose property abuts our own. My son has taken the state’s hunter safety course and is only allowed to shoot when I am with him. As I understand it, the complaint about his shooting came from only two people and were mainly about noise.”
Bill and Kathy Masten, who also live on Deverow Court, told council that the sound of gunfire frightens their three- and one-year old children.
“We would like a safe neighborhood for our kids, one where they can enjoy playing in their backyard,” said Kathy. “We would hate for an accident to happen before any changes are made. We want a safe Lewisville.”
Fred Franklin, a former council member, said the town should not ban the discharge of firearms.
“Those who support a ban have never held a gun or been around guns,” Franklin said. “Those who oppose a ban are people who are knowledgeable about shooting. The people who scare us are the idiots who don’t know how to shoot safely. You can never legislate responsibility. Other governments have tried to do so and have failed.”
Mayor Tom Lawson said the council wanted to find a solution that was fair to everyone.
“For me, the Public Safety Committee’s recommendation [of 500 feet] makes sense. It provides a better buffer. As the town’s growth continues, there will be fewer places to shoot. But right now we still have people with large tracts of land, and I am not prepared to institute a total ban [on discharging firearms]. We have tried to find some common ground and not ignore anyone’s concerns.”
The ordinance defines a firearm as “a handgun, shotgun or rifle which expels a projectile by action of an explosion; provided, however, the term ‘firearm’ shall not include BB guns, paint ball guns or other similar devices which project a missile by compressed air with less than deadly force and having a very limited range.”
The ordinance makes exceptions for firearms discharged in the following instances: in defense of person or property; pursuant to lawful directions of law enforcement officers; by persons lawfully engaged in pest control; by persons lawfully taking dangerous animals; by members of the Armed Forces acting in the line of duty; and by persons discharging firearms at shooting ranges approved pursuant to zoning permit.
“This is not a Second Amendment issue,” stressed Mayor Tom Lawson. “We are in no way prohibiting the ownership of firearms or the defense of home and property.”
Anyone found to be in violation of the firearms ordinance faces a class 3 misdemeanor charge and a fine of up to $500.
Other Business
In other business, the council voted unanimously to award a $6,400 contract for stormwater consulting services to ARCADIS Infrastructure, Environment, Facilities of Greensboro.
ARCADIS will perform engineering consulting services for Lewisville’s stormwater management for a period of one year. Lewisville’s first stormwater report is due by February 1, 2007 to the N.C. Department of Environment and Natural Resources’ Division of Water Quality, and the town does not employ personnel on staff with the expertise in stormwater management and the requirements of the permit.
Council also voted unanimously to accept a text amendment to amend various sections of the Unified Development Ordinance (UDO) as a result of the UDO editing and updating process.
The UDO, first adopted in 1995, includes regulations for six different Forsyth County municipalities, including Lewisville and Clemmons. As each town adopted its own amendments, the document became confusing and unwieldy. About one and a half years ago, City-County Planning Staff began the process of splitting the UDO into separate sections for each town.
Discussion of the Town Motto Contest was continued until December. Each council member will select his or her top five favorites from all entries and forward the selections to Town Clerk Joyce Walker. Walker will collate the list and present it to council during the Briefing and Action Meeting on Thursday, December 7 at 6 p.m. at Town Hall.