Agenda Item 5D
July 29,2014
Action
MEMORANDUM
July 25,2014
TO:
FROM:
SUBJECT:
County Council
Robert H. Drummer, Senior Legislative Attorney
%J
Amendments
Action: Expedited Bill 35-14, Weapons - Discharge of Bows -
Public Safety Committee recommendation (3-0): enact the Bill as introduced.
Expedited Bill 35-14, Weapons - Discharge of Bows - Amendments, sponsored by
Council Vice President Leventhal, Councilmember Berliner and Council President Rice, was
introduced on June 10. A public hearing was held on July 15 and a Public Safety Committee
worksession was held on July 17.
Background
Under current County law, a person, other than the owner or occupant of the property,
must not discharge a bow within 150 yards of a dwelling house, residence, church, or other
building or camp occupied by human beings without the written consent from the owner or
occupant of the property. This area is known as the "safety zone." Bill 35-14 would reduce the
safety zone for archery hunters in the County from 150 yards to 100 yards from a dwelling
house, residence, church, or other building or camp occupied by human beings.
SB 309, enacted by the General Assembly this year reduced the archery hunting safety
zone in the County from 150 yards to 100 yards. Bill 35-14 would keep County law regulating
archery hunting consistent with State law. The background for the State law, SB 309, is
described in the Fiscal Note at ©4. The Council supported SB 309 during the legislative session.
Public Hearing
Both speakers, Peggy Dennis, speaking for the Montgomery County Civic Federation,
and Robert Cissel, speaking on behalf of the Montgomery Agricultural Producers (©IO),
supported the Bill. Each of the speakers discussed the overpopulation of deer in the County and
argued that this Bill would provide an additional opportunity for a humane method of reducing
the overpopulation. We also received a letter supporting the Bill from David Weitzer of the
Montgomery County Agricultural Advisory Committee. (©11-12).
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Public Safety Committee Worksession
Council Vice President George Leventhal attended the worksession in addition to the
Committee members. County Police Captain Michael Wall represented the Executive Branch.
M-NCPPC Police Chief Anthony DeVaul and Dr. John Hench represented the M-NCPPC. The
Committee discussed the problem of overpopulation of deer in the County and how the Bill
might help. The Committee also discussed M-NCPPC's current and future programs to control
the deer population in the County.
The Committee (3-0) recommended approval of the Bill as introduced.
Issue
Should the County reduce the safety zone for bow hunting?
The public hearing testimony described the spotless safety record for bow hunters in the
County. The deer population in the County continues to grow. This deer overpopulation results
in many collisions with motor vehicles and the loss of food crops. The reduction of the safety
zone will increase the opportunity for property owners to permit bow hunting on their property to
reduce the deer population.
Committee recommendation (3-0):
approve the Bill as introduced.
This packet contains:
Expedited Bi1l35-14
Legislative Request Report
SB 309 Fiscal Note
Fiscal and Economic Impact statement
Testimony of Robert Cissel
Letter from David Weitzer
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Expedited Bill No.
35-14
Concerning: Weapons - Discharge of
Bows - Amendments
Revised: May 14, 2014 Draft No. _1_
Introduced:
June 10, 2014
Expires:
December 10, 2015
Enacted:
[date]
Executive:
[date signed]
[date takes effect]
Effective:
Sunset Date: [date expires]
Ch.
~,
Laws of Mont. Co.
[year]
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
By: Council Vice President Leventhal, Councilmember Berliner and Council President Rice
AN EXPEDITED ACT
to:
(1)
reduce the safety zone for archery hunters in the County; and
(2)
generally amend the laws governing the discharge of bows.
By amending
Montgomery County Code
Chapter 57, Weapons
Section 57-6
Boldface
Underlining
[Single boldface brackets]
Double underlining
[[Double boldface brackets]]
* * *
Heading or defined term.
Added to existing law by original bill.
Deletedfrom existing law by original bill.
Added by amendment.
Deletedfrom existing law or the bill by amendment.
Existing law unaffected by bill.
(
.
The County Council for Montgomery County, Maryland approves the following Act:
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EXPEDITED BILL
No. 35-14
1
Sec. 1. Section 57-6 is amended as follows:
57-6. Discharge of bows.
(a)
Prohibition.
A person must not discharge a bow in the County:
2
3
4
5
(1)
(2)
from, onto, or across a public road;
into or within [150] 100 yards of a building or camp designed for
human occupancy without the owner or occupant's written
consent; or
6
7
8
9
(3)
from, onto, or across public or private property without the owner
or occupant's written consent;
10
11
(b)
Exception.
Subsection (a) does not apply to target archery practiced in
compliance with safety guidelines established in regulations adopted
under method (2).
Sec. 2.
Expedited Effective Date.
IS
12
13
14
The Council declares that this legislation
necessary for the immediate
15
protection of the public interest. This Act takes effect on the date on which it
becomes law.
Approved:
16
17
18
Craig
L.
Rice, President, County Council
Date
19
Approved:
20
Isiah Leggett, County Executive
Date
21
This is a correct copy o/Council action.
22
Linda M. Lauer, Clerk ofthe Council
Date
t\lawlbills\1435 bow hunting amendmentslbill1.doc
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LEGISLATIVE REQUEST REPORT
Expedited Bill 35-14
Weapons
-
Discharge ofBows
-
Amendments
DESCRIPTION:
The
Bill
would decrease the archery hunting safety zone size in the
County from 150 yards to 100 yards from a dwelling house,
residence, church, or other building or camp occupied by human
beings.
State law was enacted this year to decrease the archery hunting safety
zone in the County from
150
yards to
100
yards.
Keep County law consistent with State law restrictions on archery
hunting.
Police, County Attorney
To be requested.
To be requested.
To be requested.
To be researched.
Robert
H.
Drummer, Senior Legislative Attorney
To be researched.
PROBLEM:
GOALS AND
OBJECTIVES:
COORDINATION:
FISCAL IMPACT:
ECONOMIC
IMPACT:
EVALUATION:
EXPERIENCE
ELSEWHERE:
SOURCE OF
INFORMATION:
APPLICATION
WITHIN
MUNICIP ALITIES:
PENALTIES:
Class
A
Violation
f:\Jaw\bills\1435 bow hunting amendments\Irr.doc
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SB309
Department of Legislative Services
Maryland General Assembly
2014 Session
FISCAL AND POLICY NOTE
Revised
Senate Bill 309
(Montgomery County Senators)
Education, Health, and Environmental Affairs
Environmental Matters
Montgomery County - Archery Hunting - Safety Zone
This bill decreases the archery hunting safety zone size, in Montgomery County, from
150 yards to 100 yards from a dwelling house, residence, church, or other building or
camp occupied by human beings.
The bill takes effect July 1,2014.
Fiscal
Summary
State Effect: The bill does not materially affect State operations or finances.
Local Effect: Minimal or none.
Small Business Effect: Minimal.
Analysis
Current Law: A person, other than the owner or occupant, may not shoot or discharge
any firearm or other deadly weapon within 150 yards, known as the "safety zone," of a
dwelling house, residence, church, or other building or camp occupied by human beings
without the specific advance permission of the owner or occupant. Also, a person, other
than the owner or occupant, may not shoot at any animal while it is within the safety zone
without the specific advance permission of the owner or occupant.
For archery hunters
in
Carroll and Frederick counties, the safety zone extends for
50 yards from a dwelling house, residence, church, or other building or camp occupied by
human beings. F or archery hunters in Harford County, the safety zone extends for
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100 yards from a dwelling house, residence, church, or other building or camp occupied
by human beings.
A person, while hunting for any wild bird or mammal, may not shoot or discharge any
firearm within 300 yards of a school during school hours or when a school-approved
activity is taking place.
During any open hunting season, a person, other than the owner or occupant, may not
hunt or chase willfully any animal within the safety zone without the specific advance
permission of the owner or occupant.
Background: The U.S. Fish and Wildlife Service's
2011 National Survey of Fishing,
Hunting, and Wildlife-Associated Recreation State Overview Report,
issued in
September 2012, found that over 37 million people spent time fishing and/or hunting and
wildlife-related recreation expenditures totaled $145 billion nationally.
In
Maryland, it is
estimated that every year over 88,000 hunters enjoy over 1 million days of hunting and
contribute over $264 million to the State's retail sales economy.
Over 8,000 people take the Maryland Hunter Education Course every year. However,
hunting accidents do occur.
Montgomery County reports that as a result of the growing deer population, the county
and the Maryland-National Capital Park and Planning Commission have implemented
several deer management efforts.
Additional Information
Prior Introductions: HB 671 of 2013 received a hearing in the House Environmental
Matters Committee, but no further action was taken.
Cross File: HB 138 (Montgomery County Delegation) - Environmental Matters.
Information Source(s): Department of Natural Resources, Montgomery County, U.S.
Fish and Wildlife Service, Department of Legislative Services
Fiscal Note History:
mc/lgc
First Reader - January 23,2014
Revised - Senate Third Reader - March 18, 2014
Analysis by: Michael Sanelli
Direct Inquiries to:
(410) 946-5510
(301) 970-5510
SB 309/ Page 2
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ROCKVILLE, MAR)LAND
MEMORANDUM
July 7, 2014
TO:
Craig Rice, President, County Council
Jennifer A. Hughes,
ffice ofM a
Joseph F. Beach, Direct r, epartment of .
FROM:
SUBJECT:
Dir~··
.-.J
d Budget
Council
Bm
35-14E, Weapons -Discharge of Bows Amendments
Please find attached the fiscal and economic impact statements for the above­
referenced legislation.
JAH:fz
co: Bonnie Kirkland, Assistant Chief Administrative Officer
Lisa
Austin, Offices of
the
County Executive
Joy Nurmi, Special Assistant to the County Executive
Patrick Lacefield, Director, Public Infonnatiofl Office
Joseph F. Beach, Director, Department of Finance
David Platt, Department of Finance
Robert Hagedoorn, Department of Finance
Thomas Manger, Chief, Department ofPolice
Bruce Meier, Office of Management and Budget
Alex Espinosa,. Office of Management and Budget
Felicia Zhang, Office of Management and Budget
Naeem
Mia,
Office of Management and Budget
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Fiscal Impact Statement
Legislation to Amend County Code Chapter 57, Weapons
1.
Legislation Summary
The purpose ofthis code amendment is to (1) reduce the safety zone (distance from a
dwelling house, residence, church, or other building or camp occupied
by
human beings
within which a bow may not be discharged unless within a targt.1 archery facility) for
archery hunters
in
the Courtty from
150
yards to
100;
and
(2)
generally amend the laws
governing the discharge of bows.
2.
An estimate of changes
in
County revenues and expenditures regardless of whether the
revenues or expenditures are asswned in the recommended or approved budget. Includes
source of information, assumptions, and methodologies used.
No impact on revenues or expenditures.
3.
Revenue
and
expenditure estimates covering at least the next
6 fiscal
years.
No impact on revenues or expenditures.
4.
.t\n
actuarial analysis through the entire amortization period for legislation that would
affect
retiree
pension or group illsurance costs.
Not
Applicable
5. Later actions that may affect future revenue and expenditures
if
the legislation authorizes
future spending.
Not Applicable
6.
An
estimate
of the staff time needed to implement
the
legislation.
None
7.
An
explanation of how the addition of new staff responsibilities would affect other duties.
None.
8. An estimate of costs when an additional appropriation is needed.
Not Applicable
9. A
description of any
variable
that could affect revenue and cost estimates. '.
Not Applicable
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10. Ranges of revenue or expenditures that are uncertain or difficult
to
project.
Not Applicable
11. If legislation is likely to have no fiscal impact, why that is the case.
The legislation
'will
have
110
impact
Ot1
police operations beyond the change in the
standard applied..
12. Other
fiscal impacts or comments.
None
]3. The following contributed
to
and concurred
with
this analysis.
Captain Michael Wahl, Montgomery County Police Department
Bruce Meier, OMB
...
r
A.
es;.
Director
of Management and Budget
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Economic Impact Statement
Sill 35-14E, \Veapons - Discharge of Bows - Amendments
Background:
This legislation would reduce the safety zone for archery hunters from 150 yards
to
100
yards from an occupied dwelling house, residence, church, or other building or camp.
1. The sources of infol?Dation, assumptions, and methodologies used.
There are no assumptions and methodologies used in this economic impact statement.
2. A dcscriIltion of any variable that could affect the economic impact estimates.
Not applicable.
3. The Bill's
positive
or
negative effect,
if
any on employment, spending, saving,
investment, incomes, and property values in
the
County.
This bill has no economic impact on employment, spending, saving, investment,
incomes, and property values in the County.
4.
If
a Bill is likely to have no economic impact, why is that the case?
Not applicable.
5., Tbe follo\ving co'otributed to or concurred with this analysis: David Platt and Rob
Hagedoorn, Finance.
Date
I
I
{p/2"
I
I t
I
.
Page 1 of 1
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Craig Rice, President
Montgomery County Council
100
Maryland
Avenue
Rockville, Maryland 20856
RE:
Agricultural Preservation Advisory Board (APAB) Written Testimony:
:Expedited Council
sm
3'".14 -
WettpODf!l
.D1Ilicitw-ee
of
BowlJ -
Amwdments
Public Hearing,
July
12, 2014
Dear
Council President
Rice:
On
behalf
ofthe Montgomery
Agricultural
Producers
(MAP),
please accept this
COJTe$l'Ondmce as
testimony
~
Council
Bill 35-14 - Weapons -
Discharge of
Bows ­
Amendments for
the
Public
Hearin~
scheduled for July
12, 2014,
The
agricultural community hns
long
advocated
the need
to
increase
the
tools
available
in
the
management ofthe
County~s
Deer
Population.
This
need
is
tied
directly
to adverse
economic
impacts
af!l well
is
ri8Klt
to
public
health
Wld
ifJ!my
related
d.Uwtly to
the door
population.
Economic
losses
da.tnase in
the
~cultural
community continue
to
be
a
challeQBe.
As
the
County's
deer
from
vopulation grows,
SO
does
their
im~
in suburban and
Yrban
~, S9m~
9f9UT
m~ ~
1rnly
"Fttmtinl
Of)
the
Metro',
Ed,e
Hand
need
every
tool
a.vailable
to
continue
to
manage these
losses.
Deer
hunting
has
proven
to
be
the most
cost
eff~ve
way
to
manage
deer
population.
Roouoing too deer
h~rd:i
in the
C9unty
will require
th3t
h1!1!tero
oove
aU
the.:
tools
necessary
to
safely
harvest
the
deer.
Bill
35..
14
can
help
expand
the management
of
deer
by
reducing
the safety
distance
from
150
yards
to
100
yards.
This
bill
makes
even more
sense
since most
bow
bunting is
done
from
an
elevated
~
stand
and arrow
shots
are usually
pointed
towards
the
ground.
This
~uction
in
distance
will
make more properties eligible for
bow
hunting which
will
help to
reduce
deer herds and
will
not
compromise
the
safety
of
~
public.
crop
It
is
9W
bQpe
fhm
the
CgYl'Jly
CQqIlCil
will
~p9Jt
tbi$
Bill so
that
the County can expand
the
m;t~ement
of
deer
in
the
County
by
makine
mole
properties eligible
for
bow
huntitJ8.
The
members
of MAP
believe
that by
supporting Council BU13!-14.
it
will
~lp
to
mitipte
agricultural economic
impacts
e8UsOO
by
deer as well as
h~lp
to
red.~
the
risks to
public
health
and
safety.
S;incer~. ~.
_ely,
J
~
(
v
--
.
Robert Cissel
Director Montgomery Agricultural Producers
cc:
.
Montgomery County Council
208~7
­
Mont;omery
AgrIcultural Producers;
',0,
1)ox
626 ;
Pool.vH1e, Maryland
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AGRICULTURAL ADVISORY COMMITTEE
July 11,2014
The Honorable Craig Rice, President
Montgomery County Council
100 Maryland Avenue
Rockville, MD 20850
Dear Council President Rice:
Bill 35-14 Weapons-Discharge of Bows-Amendments to
reduce the Safety Zone from 150 yards to 100 yards
On behalf of the Montgomery County Agricultural Advisory Committee-AAC, please accept this
letter in support for Bill 35-14 which reduces the Safety Zone for archery hunters from 150 yards
to 100 yards.
The AAC has been advocating for over 10 years that the State of Maryland and the County
Government needs to be more proactive in controlling the growing deer population that
negatively impacts our residents. The AAC is committed to fostering an environment where
public health and safety of our residents is most important. The AAC also believes the growing
deer population negatively impacts the residents by increasing cases oflyme disease. Likewise,
the safety of residents is also negatively impacted by the growing number of deer vehicle
collisions.
All of the deer management programs that are currently in place are not reducing the deer
population in the County. Farmers are very frustrated by the lack of deer management on many
of the parks located in the Agricultural Reserve. While 2013 has been one of the best growing
seasons on record, some farmers have witnessed 100 percent crop losses on their farms adjacent
to the parks where the deer congregate and then browse on farmers crops planted on adjacent
farmland.
Over the years, County residents have become more and more frustrated by the negative impacts
of deer as they destroy property from deer vehicle collisions as well as deer destroying most
plants and flowers that residents purchase for the use and enjoyment on their property.
Reducing the deer herds in the County will require that hunters have all the tools necessary to
safely harvest the deer. This Bill 35-14 is a needed tooL It would be helpful if the County
consulted with representatives from other jurisdictions to better understand the tools they have in
place and how effective they are to reducing deer herds.
Department of Economic Development·Agricultural Services Division
18410 Muncaster Road .
Derwood. Maryland :!0855 . 30 1i590·28:!3. fAX 301/590-2839
(jj)
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There is misconception by the general public that as development takes away the habitat for deer
the outcome is that deer are congregating in down county parks close to where most of the
County residents live and work.
According to the Maryland Department ofNatural Resources the birth ofwildlife management in
the early 1900s, has expanded the Malyland's deer population back into all habitats. State
wildlife biologists have restocked the 'white-tailed deer to all available habitats in the state.
White-tailed deer thrive in habitat/hat is composed OfH'ood5 and openings, the expansion of
housing developments into forests or ontofarms provides excellent whitetail habitat. Streets and
home sites created in a 'wooded area produce hahitat preferred by white-tailed deer. Open farm
fields become beller deer habitat as new homeoH'ners plant trees and shrubs on /heir bare home
site. Deer populations have escalated in these suburban landscapes where exceptional habitat is
available and hunting becomes limited
Montgomery County needs to recognize that the Maryland Department of Natural Resources and
their wildlife biologists are largely responsible for our growing deer population and all the deer
impacts that jeopardize ourresidenfs public health and safety. The residents of Montgomery
County need the leadership from our elected officials to reduce the deer popUlation and achieve
an environment that will benefit all residents.
Please support Bill 35-14 which increases opportunities for bow hunting in Montgomery COlmty
where the current 150 yard safety zone prohibits deer management. Thank you for considering
the views of the Agricultural Advisory Committee.
Sincerely,
David Weitzer, Chairman
Cc: Members of the AAC
Members of the AP AB
Members of the MCFB
2