03/11/2014

Council adopts shooting-range ordinance

The Town Council on March 10, 2014 adopted the town's first-ever shooting range ordinance. The ordinance regulates new and expanded uses of existing shooting ranges; and establishes a mechanism for licensing shooting ranges in Cape Elizabeth.

Following a public hearing, councilors voted unanimously to adopt the ordinance. "I think the council has acted responsibly and respectfully to all parties. I think we have produced something that is balanced and fair," said council Chair Jessica Sullivan. The ordinance preserves Maine's rural traditions while respecting the concerns of residential neighbors, she said. "I think this is an excellent beginning," Sullivan said.

The ordinance establishes a five-member firing-range committee charged with reviewing license applications and recommending them to the Town Council. The committee is also charged with developing rules and regulations for licensed shooting ranges. Ken Cole, a Portland attorney who helped the town research and draft the ordinance, said the purpose was to give the committee flexibility in establishing the licensing process, because there had been none before.

One thing sure to be included however is a mandatory safety evaluation. Councilors voted to add the mandate to the draft ordinance before voting March 14. "I think the key issue has been cited numerous times tonight and in the email correspondence and at various other times for public comment, and that is safety," said Councilor David Sherman. He proposed, and the council agreed, to add language requiring a professional safety evaluation as part of the license application.

Neighbors of the Spurwink Rod and Gun Club, located on Sawyer Road, have complained about noise and stray bullets coming from the facility since the mid-1990s, and have petitioned the council for a regulatory ordinance. The club was established in the 1950s and has operated a range at its current location since the 1960s.

Up until now the town has left the two sides to work out their differences, citing state laws that exempt existing activities at gun ranges from noise regulation. But, new ranges and expanded uses at existing ranges can be regulated.

The new ordinance establishes standards for noise and requires shooting ranges to contain all shots within the facility. Other rules and regulations will be drawn up by the firing-range committee, which will include one member of the Spurwink Rod and Gun Club who is also a member of the National Rifle Association; two members of the public, one of whom is a certified firearms instructor; and, two town councilors. The police chief and the town's code-enforcement officer will advise the committee.

Besides reviewing and recommending applications to the Town Council, the committee will also hear complaints about ranges not complying with the ordinance.

The Spurwink Rod and Gun Club will have 90 days to submit a site plan - depicting property lines, structures, complete layout and location of occupied dwellings within a half-mile of the range - to the town. It also has 90 days to make "reasonable efforts" to comply with stipulations for shot containment and posting warning signs as outlined in the ordinance.

Councilors made it clear before voting March 10 that they are not obligated to establish licensing for firing ranges, "but may elect to do so to protect public safety," Councilor Kathy Ray said prior to the council's vote. The statement was part of the motion that Ray, chair of the ordinance subcommittee, read into the public record.

Twenty-two residents spoke at a public hearing that lasted approximately 45 minutes. Most represented either the gun club or the neighboring Cross Hill subdivision. A common theme, aside from safety, was opposition to the proposed ordinance. Some said the ordinance was unnecessary; others said it did not go far enough in assuring the safety and well-being of the neighbors.

Ralph Romano, a neighbor of the gun club at Tiger Lily Lane, said the hardship exceptions for compliance with the ordinance make it "almost toothless", and that the makeup of the firing-range committee would prevent neighbors from ever getting a fair hearing. The ordinance is also unclear as to when the $3 million liability insurance it requires for ranges needs to be in place.

Tammy Walter, president of the Spurwink Rod and Gun Club and a resident of Sawyer Road, said the site-plan and licensing process "will put a financial burden on our club," and she asked the council to instead allow the club to put its resources toward completing planned renovations and upgrades already underway. "Some of these improvements were made specifically for the good of our neighbors at substantial cost to us," she said.

One speaker, Cross Hill Road resident Rich Moran, said he supported the ordinance. "I am sorry to hear that the gun club opposes this, as well as the neighborhood," he said. The firing-range committee may not be the answer, but it could provide a basis for working on a future relationship between the club and the neighborhood, Moran said. He asked the council adopt the ordinance, and to be open to making further changes down the road. He then offered a $20 donation to the club toward its renovation and upgrade efforts.