PS Item 2
July 17,2014
Worksession
MEMORANDUM
July 15,2014
TO:
FROM:
Public Safety Committee
Robert H. Drutnmer, Senior Legislative Attorney
r
nf;)
()
n
Discharge of Bows -
SUBJECT:
Worksession:
Expedited Bill 35-14, Weapons
Amendments
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.
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 lO4. 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 (lOlO),
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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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.
Council staff recommendation:
approve the Bill as introduced.
This packet contains:
Expedited Bill 35-14
Legislative Request Report
SB 309 Fiscal Note
Fiscal and Economic Impact statement
Testimony of Robert Cissel
Letter from David Weitzer
Circle
#
1
3
4
6
10
11
F:\LA w\BILLS\1435 Bow Hunting Amendments\Public Safety Memo.Doc
2
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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]
Effective:
[date takes effect]
Sunset Date: [date expires]
Ch.
JttL..,
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
(l)
from, onto, or across a public road;
into or within [150] 100 yards ofa building or camp designed for
human occupancy without the owner or occupant's written
consent; or
5
(2)
6
7
8
(3)
from, onto, or across public or private property without the owner
or occupant's written consent;
9
10
(b)
Exception.
Subsection (a) does not apply to target archery practiced in
11
12
13
14
compliance with safety guidelines established in regulations adopted
under method (2).
Sec. 2.
Expedited Effective Date.
The Council declares that this legislation is necessary for the immediate
protection of the public interest. This Act takes effect on the date on which it
becomes law.
Approved:
15
16
17
18
Craig
L.
Rice, President, County Council
Date
19
Approved:
20
Isiah Leggett, County Executive
Date
21
This is a correct copy ofCouncil action.
22
Linda M. Lauer, Clerk of the Council
Date
f:\law\bills\1435
bow
hunting amendments\bill1.doc
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LEGISLATIVE REQUEST REPORT
Weapons
DESCRIPTION:
Expedited Bil135-14
Discharge ofBows
-
Amendments
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
MUNICIPALITIES:
PENALTIES:
Class A Violation
f:\Iaw\bills\1435 bow hunting amendments\lrr.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 pennission 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 pennission 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. For archery hunters in Harford County, the safety zone extends for
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100 yards from a dwelling
by human beings.
house~ residence~ church~
or other building or camp occupied
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
3091
Page 2
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ROCKVILLE, MARYLAND
MEMORANDUM
July 7, 20'14
TO:
FROM:
SUBJECT:
Craig Rice, President, County Council
Jennifer A. Hughes, Dir
Joseph F. Beach, Direct r,
mce
ofM
Council Bill 35-14£, Weapons -Discharge of Bows Amendments
Please find attached the fiscal and economic impact statements for the above­
referenced legislation.
JAH:fZ
cc: Bonnie Kirkland, Assist1nt
Chief Administrative Officer
.Lisa Austin,
Offices of the County Executive
Joy Nurmi, Special Assistant to the County Executive
Patrick Lacefield, Director, Public Information Office
Joseph F. Beach.
Director,
Department of Finance
David Platt, Department of Finance
Robert Hagedoorn, Department of Finance
Thomas Manger, Chief, Department of Police
Bruce Meier, Office of Management and Budget
Alex
Espinosa, Office of Management and Budget
Felicia Zhang, Office of M.anagement and Budget
Naeem Mia, Office of MaIlagemcnt and Budget
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Fiscal
Impact
Statement
Legislation to Amend County Code Chapter 57, Weapons
1. Legislation Summary
The purpose of this code amendment is to
(1)
reduce the safety zone (distance from a
dwelling house, residence, church, or other building or cmnp occupied
by
human beings
within which a bow may not be discharged tmless within a targ(;..'t archery facility) for
archery hunters in the County from 150 yards to 100; and (2) generally amend the laws
governing the discharge of bows.
2.
An estimate of changes
]n
County revenues and expenditures regardless of whether the
revenues or expenditures are assumed 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.
An 3.ctuarial analysis through the entire amOltization period for legislation that would
affect retiree pension or group insurance costs.
Not Applicable
5.
Later actions that may affect future revenue and expenditures ifthe legislation authorizes
future spending.
Not Applicable
6.
An
estimate of the staff time needed to implement the legislation.
None
7.
A11 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
casco
The
legislation \vill
have no impact
on
police operations beyoud
the
change
in
the
standard
applied.
12. Other fiscal impacts or comments.
None
13.
The following contributed
to
and concurred with this analysis.
Captain Michael Wahl, Montgomery County Police Department
Bruce
Meier,
OMB
Jeer
A.
Of:
c of
Management and Budget
j~
gh~~~rect~-"-"'uuu"",u
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Economic Impact Statement
Bill 35-14E, \Veapons - Discharge
of
Bows Amendments
M
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 <:amp.
1.
The
sources of
infor~ation,
assumptions, and methodologies used.
There arc no assumptions and methodologies used in this economic impact statement.
2. A description of any variable that could affect the e(onomic impact estimates.
Not
applicable.
3. The Bill's positive or negative effect,
if
any on
cmployment~
spending, saving,
investment, incomes, and property values in the County.
This bill has
no economic impact
on
employment, spending, saving, investment,
inc{)mes~
and property values in the County.
4.
If
a Bill is likely to have no economic impact, why is that the case?
Nut applicable.
5. Tbe following contributed to or concurred with this analysis: David Platt and Rob
HagedooTII. Finance.
Date
I
.
Page 1 of
1
(j)
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eRepr~~entlnJ1 th~
AgrlcultuflJl FmaYCtfa
of Montgomery County"
Craig Rice, President
Montgomery County Council
100 Maryland Avenue
Rockville,
Maryland 20856
RE:
Agricultural Preservation Advisory
Board
(APAB) Written Testimony:
35,.. 14
Public Hearing, July
12,2014
Dear Cooocil President Rice:
E~pcdited
Council
IUn
W~ttponl?
DjseJulr~~ ofBQW~
-
Ammdmmts
On
behalf
ofthe Montgomery Agricultural Producers
(MAP),
please accept this
correspondence
as testimony
~8
Council
Bill3S-14 Weapons -
Discharge
of
Bows ­
Amendments
for the Puhlic
He~
scheduled for July
12,2014.
The
agriculturnl
community bftS
long
advocated.
the need
to
increaSe
the tools a.vailable
in
the
management
of
the
County's
Deer
Population,
This
need is
tied
directly to adverse economic
impacts
ail
well
a;
rirfKto
to
puhlic heolth and
siJ{my
:mlat~
dil:vctly
to
the
dem-
population. Economic losses
from crop
dama~
in
the
~cultural
community continue to
be
a
challen~e.
As
the Coooty's deer
population
grow,;,
JID
d{)e~
their
ifllPOO~
in §uburban and u..rban
~
80m;
Qf
Qur memoonJ
QN
1rUly
uFa.rming
00
the
Metro's
Edge
Hand
need
every
tool available
to
continue to manase these losses,
Deer
hunting
has
proven to
be the
most cost effective way to manage
deer
population.
Reducing
the dGGT
hGrd~
in
the CQunty
willroquiro that
hltQtero have aU tbe tools necessary
to
safely
harvest the
deer.
Bill35~14
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 hunting
is
done from an
elevated
troo
stand
and arrow shots are usually pointed towards the ground. This reduction
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.
It
j~
our
hQ~
tbm
the
CoYP1y CottllCil
wlll
$UPp9Jt
1hi$ Bill so
that
the
County can expand the
m~ement
ofdeer
in
tile County by making more properties eligible for bow hunting. The members
ofMAl'
believ~
that
by
!Jupportin.g
Council BUl3$·14, it
will
help
to
miti~aw
agricultutal economic
impacts causoo
by
deer
1$
well as
hdp
to
reduce
tb6 risks
to public health and
safety.
SWoorely,
}
j
'~k
t
-'..44.~
J
'-
Robert Cisse1
Director Montgomery
Agricultural
Producers
cc:
.
~
Montgomery County Council
...
.
Montgomery Agrleultural
Produeer~
;
1',0,
60x
626 ; PooJllvlHe, Maryland 208!i7
--
­
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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 of lyme 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 Muncasler Road . Derwood.
Maryland
20855 • 301/590-2823. FAX 301/590-2839
@
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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 o/Natural Resources the birth o/wildlife management in
the early
1900.'1,
has expanded the MWJ1land's deer population back into all habitats. State
'wildl(!e biologists have restocked the white-tailed deer to all available habitats in the state.
White-tailed deer thrive in habitat/hat is composed
o/H)()od~'
and openings, the expansion
(!(
housing developments into.liJrests or onto/arms provides excellent whUetail habitat; Streets and
home sites' created in a H'ooded area produce habitat pre/erred by lvhite-tailed deer. Open/arm
jieldv become beller deer habitat as ne'w homeowners plan/trees and shrubs on their 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 our resident's 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 Bi11 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 ofthe AAC
Members of the AP AB
Members of the MCFB
2