ORDINANCE ENFORCER SAYS SHOOTING IS AN ACTIVITY, NOT A LAND USE
Source: The Courier-Leander, by Deborah Klinger
September 17, 2007
Complaints regarding the safety and noise of a private shooting range, located in a crop field adjacent to the Fox Creek Farms Subdivision, were quieted at the Antwerp Township meeting Tuesday night.
Township Supervisor Daniel Ruzick reported that Township Ordinance Enforcement Officer Gary Gruss of the Van Buren County Sheriff's Department had completed an inspection of the private shooting range and had determined that the operation met all standards for safety applying to shooting ranges.
Regarding the noise element of the complaint, Antwerp Township Planning Consultant Steven Van Steenhuyse stated in a letter that although Section 3.22,5 of the General Provision in the zoning ordinance states "noise shall not be emitted which exceeds 70 decibels at the property boundary line," the intent of the zoning ordinance is to regulate the use of the land, not necessarily activities that may be carried out on the land.
"The regulated land use on the property in question is agriculture. The private shooting range is not a land use, but an activity," said Van Steenhuyse in his letter. "It is well known that many activities that occur on private property generate noise, many in excess of 70 decibels; for instance, mowing the lawn on the edge of your property will result in noise levels exceeding 70 decibels at the property line.
"Other activities may also affect neighbors, such as outdoor cooking, children playing, etc.," his letter continued. "The zoning ordinance was not meant, and cannot be used for, regulating such activities. Although the noise generated by firearms may be offensive to some neighbors, the zoning ordinance is not written to handle regulating such nuisances."
Van Steenhuyse recommended that the township avoid using Section 3.22,5 as a means of regulating noise generated by activities on private property that are not specific to the use of the land, stating that it would be difficult to apply these regulations successfully should such an action wind up in court.
Should the township wish to regulate noise and other nuisances, it is Van Steenhuyse's opinion that a separate noise or nuisance ordinance would be the appropriate means for this.
Van Steenhuyse also states in his letter that according to the Township Attorney's office, that under Michigan Law, the Township does not have the power to regulate the discharge of firearms.
"As long as it is operated within the requirements of state law, the adjoining property owner is allowed to use the property as a private shooting range," he said in his letter.
The board referred the ordinance back to the Planning Commission for revision.
In other business, the board approved the following special assessment millages for 2007-2008: Mattawan Fire District - 1.5 mills, Paw Paw Fire District- 1.5 mills, Lawton Fire District - 1.5 mills and EMS - .150 mills.
The board also renewed the township's contract with the Van Buren Sheriff's Department, who provides the township with a deputy for ordinance enforcement. Contract terms call for the deputy to work 20 hours per week at a cost of $23,467.
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