Killington Officials Mull Proposed Firearm Ordinance

Vermont Standard
By Curt Peterson
Standard Correspondent

KILLINGTON — Residents discussed a proposed new firearms ordinance drafted by Police Chief Whit Montgomery and Town Manager Seth Webb.

Webb recounted the history that led to the proposal, citing several complaints about tenants on River Road discharging large-magazine firearms in the residential neighborhood and near town recreation areas. Montgomery had expressed frustration at having no statutory power to prohibit the shooting or to punish the perpetrators. The early May meeting drew a large crowd, most of whom had strong opinions one way or another regarding restrictions on firearms use. But the meeting remained orderly and everyone got to report their experiences and express their views. At the June 2 meeting Webb was authorized to work with Chief Montgomery on a draft ordinance that was presented for discussion on Tuesday night.

The ordinance describes certain areas relating to roadways within the town: River Road, between Rte. 4 and Rte. 100 North; Schoolhouse Road, from Killington Road to its end; Roaring Brook Road, from Dean Hill Road to High Ridge Extension Road; Barrows Towne Road, from Rte. 100 North to its end; West Park Road, from Killington Road to its end. This area is designated a “Restricted Firearms Discharge Area” in which firing guns or rifles is prohibited within 200 yards of either side of the roads.

Exceptions to the rule are provided if someone is attacked by an animal, or if an animal is injured to the point it must be put down, or use of firearms by law enforcement officers in performance of their duties. There is also an exemption for legal hunting. Violations of the proposed ordinance would earn fines of from $100 for a first offense brought in Vermont Judicial Bureau without contest, to $800 civil penalty for a fourth offense.

Select board Chairman Patty McGrath said, “I want to make it very clear that this ordinance is not intended to take anyone’s rights away from them. We’re trying to strike a balance among everyone’s rights.”

Resident Eli Kirschner suggested that the hunting exemption provides a cop-out for offenders. “Wouldn’t the person you’re trying to arrest just say, ‘Oh, I was hunting?’” According to Selectman Chris Bianchi, the state does not allow the town to restrict the right of property owners to hunt game on their own land, even if it is within the RFDA. Other residents pointed out that hunting isn’t the problem — the nuisance and risk of injury come from people just shooting multiple rounds for hours, often late at night.

Dawn Barkley said, “When people are just shooting and shooting in the middle of the night, you can be pretty sure alcohol is involved.” There was general agreement that mixing drinking and recreational shooting in the dark would be a recipe for disaster.

Charlie Holland asked the board if they had received any additional comments or complaints about shooting incidents or about the proposed ordinance. Webb reported that one resident had been worried the “informal firing range” on federal land might be involved, but that he had advised her the town had no jurisdiction over that site.

“We have also had several more complaints over the summer about shooting in the River Road area.” River Road is a popular route for runners, bicyclists and people walking with their dogs and/or children.

Holland, Barkley, and Barkley’s husband Tao Smith all complained about being woken up after midnight by extensive shooting.

“It’s not just a couple of shots,” Barkley said. “It’s hundreds of rounds.”

Smith said they had complained to the State Police and to Chief Montgomery about the problem. Montgomery said it is often impossible to determine the exact origin of the noise due to echoing in the mountains. He said there is a “noise in the night-time” ordinance that could apply to after-hours firearm disturbances.

Matt Meservey, who had registered opposition at the May meeting to any ordinance restricting the use of firearms, said he has lived in town since 1997 and had been told over and over that Killington is a community that sits down to work out solutions to problems, that there is a comingtogether when an issue arises. “Where is the coming-together when we’re passing an ordinance that restricts the use of firearms by residents, when the problem is usually caused by people from out-of-town?”

Webb responded that townspeople had reached out among neighbors to try to work out a compromise that might satisfy everyone’s needs, but that it had been unsuccessful. There was some discussion about getting the word around so visitors and second-home owners would know about the new ordinance if it is enacted.

Meservey added that he keeps bees and fires a gun to scare bears away from his hives. Bianchi asked him if his property was within 200 yards of a road in the RFDA. “Maybe I am within 200 yards,” he said, “or maybe I’m 201 yards away and it doesn’t apply to me. I’m against an ordinance that restricts anyone’s rights, not just mine.”

One of the exceptions in the proposed ordinance seems to require written select board approval for slaughtering livestock. Chris Bianchi objected, saying, “I don’t think someone who wants to use a firearm to dispatch a couple of pigs should have to go through an application process to get permission, and I don’t want to be in the business of deciding whether they get permission or not.”

Seth Webb was asked to change the provision regarding livestock to require only notice to the police department or select board that firearms would be used for this purpose, if within the RFDA. He will also work with Whit Montgomery to add a prohibition against firing a gun or rifle between sundown and sunrise, with a stiff penalty for violating the provision. The final draft will be presented again at the Sept. 15 board meeting. Bianchi pointed out that the ordinance does not have to be warned. Residents have 60 days to file objections once the board has approved the ordinance, then, barring any resulting changes or retractions, the law goes into effect automatically.

Selectman Ken Lee, en route from a vacation trip, was absent from the meeting, which made it impossible for the board to approve an Outside Consumption liquor license for Liquid Arts. Because Chairman McGrath is in the business, she abstains from decisions regarding liquor licenses. Without Lee’s vote the applicant was out of luck.

Owner Beth Sarandrea was relieved to hear Bianchi suggest the license could be approved during a conference call with Lee in the morning.

“That’s great,” she said. “I’ve had people leave without ordering because they can’t have a beer with their lunch if they eat on the deck.”

Webb’s Town Manager’s Report included a schedule for this weekend’s Killington Classic Motorcycle Rally, a four-day event that includes a Covered Bridge Ride, Vermont Highlights Tour, a Poker Run, the Green Mountain Scavenger Hunt, and a 12-mile Parade to the Rutland Block Party. The event, which starts on Thursday Aug. 27, is billed as “Vermont’s Biggest Motorcycle Rally,” and has been hosted by Killington for years. Sign-up is at the Foundry on Summit Path.