GARDINER — A ruling by the Jefferson County Hearing Examiner may soon regulate how many bullets can be fired on the property of Security Services Northwest.
The decision will be based primarily on Hearing Examiner Stephen Causseaux’s determination of when Security Services president Joe D’Amico began training groups at the Gardiner-based business, which D’Amico has named Fort Discovery.
A 1992 county zoning code regulated the use of land in the county for activities such as military training and the firing of guns.
However, a grandfather clause allows those who used the land for such purposes before Jan. 6, 1992, to continue using it.
Also important in the ruling is determining if any activity from that time has been intensified since the original use.
If it is found that D’Amico used the shooting ranges for training activities prior to the 1992 cutoff, he may be allowed to continue.
Otherwise, it is likely that the ordinance will apply to Security Services and restrict the amount of bullets that can be spent at the range during training and what training exercises may be conducted.
“We don’t deny his right to have a business,” said Community Development Director Al Scalf.
“The difference is in the date, which determines how much he can use the range and how many bullets can be fired.”
Case argued Tuesday
Attorneys for Jefferson County and Security Services made their case Tuesday in front of Causseaux, each arguing that different dates applied in the case.
County-contracted attorney Mark Johnsen, working with Karr Tuttle of Seattle, asked D’Amico at the hearing if there were any documents showing that shooting training took place at the site before 1992.
D’Amico, who has operated his business on the site since 1988, said he was not aware of any documents.
D’Amico’s attorney Dennis Reynolds, who is working with Davis Wright Tremaine of Seattle, countered by asking D’Amico what purpose a shooting range would serve on the site if not to train people in the firing of guns.
“There would be none,” D’Amico said.
D’Amico said the range was established on the site at the beginning of his business and has been used for the firing of guns since.
The hearing lasted about five hours. After that, D’Amico, Scalf, Causseaux and the attorneys visited Security Services for a tour of the grounds.
Causseaux left the hearing open for another two weeks for both sides to present additional documents.
Once the hearing is sealed, Causseaux will review the case and make a determination on what use will be permitted at the site.
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Reporter Erik Hidle can be reached at 360-385-2335 or at erik.hidle@peninsuladailynews.com.
