SUBJECT:
Title
An Ordinance of the Town Council of the Town of Erie Amending Section 6-3-3 of the Erie Municipal Code Regarding Discharge of a Firearm on Agricultural Property
Body
DEPARTMENT: Planning & Development Department
Police Department
Department
PRESENTER(S): Sarah Nurmela AICP, Planning & Development Director
Lee Mathis, Chief of Police
First Name Last Name, Title
TIME ESTIMATE: 20 minutes
only required for non-consent items
POLICY ISSUES:
The key policy issue to address is the Council’s priority for a safe and healthy environment. Currently, it is unlawful to discharge a firearm within the jurisdictional limits of the Town. The policy issue for the Council to consider is whether modifying municipal code 6-3-3 allowing firearms to be discharged on private property larger than 5 acres that is zoned Agricultural Holding (AGH) within the jurisdictional limits of the Town continues to provide our community with a safe and healthy environment.
STAFF RECOMMENDATION:
Recommendation
Staff recommends approving the Amendment to Municipal Code 6-3-3 to allow firearms to be discharged on private property larger than 5 acres that is zoned Agricultural Holding (AGH).
End
SUMMARY AND BACKGROUND OF SUBJECT MATTER:
The Town of Erie is working with interested property owners to pursue annexation of eight parcels on the northwest boundary of the Town, as shown in Attachment 1. These properties range in size between 2.1 and 29.9 acres and are all currently located in Boulder County and zoned Agricultural. Existing uses on the site include both residential and agricultural uses. Upon annexation to the Town, these parcels would be zoned Agricultural Holding (AGH) to maintain their current mix of uses.
Several property owners expressed their desire to retain their ability to discharge firearms on their own properties for recreational purposes like hunting and target shooting. However, Section 6-3-3 of the Erie Municipal Code currently prohibits the discharge of a firearm anywhere within Town limits. In Boulder County, discharge of a firearm is permitted on these parcels as long as the discharge is safe, and the projectile does not leave the property. If these parcels are annexed into the Town, they will be subject to Section 6-3-3, so no discharge of firearms would be permitted.
The Town Attorney has drafted an amendment to Section 6-3-3 of Erie’s municipal code (see Attachment 2). The proposed change would allow the discharge of firearms:
• On parcels of at least 5 acres in size;
• On parcels zoned Agricultural Holding (AGH);
• For recreational purposes;
• If the discharge is made safely and in compliance with all applicable law; and
• The projectile does not leave the property.
This ordinance would not allow the discharge of firearms on any other property in the Town that does not meet the requirements above. Two properties are currently zoned AGH within the Town, the recently annexed Page and 111th & Arapahoe properties. If an AGH-zoned property is rezoned for redevelopment, the discharge of firearms would be prohibited. Discussion of this item will address;
• Reason the change is desired;
• Where currently AGH zoned properties are located; and
• The number of properties proposed changes could impact.
COUNCIL PRIORITY(S) ADDRESSED:
• Safe and Healthy Community
ATTACHMENT(S):
1. Erie West Annexation Property Map
2. Ordinance No. 034-2024
3. Presentation