The hot topic for the evening at the last regular meeting of the Addison Township Board of trustees wasn’t even an agenda item – a disagreement among neighbors concerning a privately owned shooting range took center stage during the supervisor’s report and moved on into public forum.
During the supervisor’s report, Twp. Supervisor Bob Koski stated that officials have received multiple complaints from residents on Hosner Rd. about a privately owned shooting range belonging to Noble Rd. resident Jerry Barnhart. Koski stated in his report that an investigation is currently on-going into the complaints.
Hosner Rd. resident Robert Keller addressed the township board about the complaints his family has filed. Keller first asked board members about any permits filed in regards to the shooting range. He questioned what use the permit allows, whether it is personal or business.
Koski stated in response to these questions that the township allows Mr. Barnhart and his family to use the shooting range.
When questioned later about a permit by this reporter, Supervisor Koski said that Mr. Barnhart does not have a permit through the township since none is required. However, minutes from a meeting in 1993 do reflect the township board giving approval to Barnhart for construction of his shooting range for the use of his family.
‘He has an agreement,? said Koski. ‘It was given to him and his family because of his profession.?
Throughout his statements, Keller repeatedly told board members that if the shooting range is for private use, Mr. Barnhart should not be allowed to operate a business on the premises.
‘I just want to reiterate that this is not recreational shooting, this is a business,? said Keller during public forum. ‘He’s got advertisements out for law enforcement, military classes, private, semi-private and group classes.
‘I’ve been out there and I’ve heard him on a megaphone or loud speaker with groups, where he goes ‘Fire!? and all of a sudden – boom!? Keller continued. ‘This goes totally against what the permit was issued for. It was issued as a private range.?
Keller’s wife, Claudia, was just as adamant about the noise.
‘This began two years ago,? she stated, ‘but whenever we would call, by the time the policeman got to the house… we were always told ‘He has the right,? ‘He’s within his rights,? and I ask you how is it one person has the right to disturb the peace of an entire community.?
‘I’m telling you this goes on all day, every day when he can. I’m pleading just for some help, some peace,? concluded Claudia Keller during the public forum.
The Kellers stated later in a private interview that they have lived on their property since 1990. They first began hearing the additional shooting around 1994, but the firing ‘got really bad about two years ago.?
‘Because we both work, we didn’t know how bad it was all the time,? explained Claudia. ‘But I was home more then and that’s when it really became evident that this goes on all the time.?
‘Some people are afraid to come forward about this,? Bob later added. ‘They don’t know what this is, or what this is actually about.?
‘I’m frustrated – I’d rather not even talk about where I’m thinking about going with this.?
Tom and Cindy Nieman, who live on Ray Rd. just east of Hosner Rd., also voiced their concerns about the noise during public comments.
‘I don’t know how many acres this guy’s got, but if he shoots in the back, he’s back by our property,? said Tom Nieman. ‘I run heavy equipment and I’ve never heard such noise.?
‘I have gone to every one of my neighbors and every one of my neighbors they hate it, they don’t want to hear it,? said Cindy Nieman. ‘I’m not saying to stop it as a hobby, I’m all for a hobby, but this… I just want to say this is the most inappropriate home-based business Addison Township could possibly let in.?
‘I don’t want to squelch the rights of anyone to use their property, but I have rights to use my property also. I want to be able to sit outside and enjoy it,? Cindy Nieman concluded. ‘I don’t want to hear it 10 hours a day, continuous fire range.?
Several residents attending the meeting did speak in defense of Mr. Barnhart. Friend and supporter Steve Porter, a Hosner Rd. resident who lives just north of Noble Rd., said he wanted to assist the investigation in any way possible.
‘This is not Mr. Barnhart alone,? Porter told board trustees, ‘I have a shooting range at my house and I have two boys, and we’ll put a 1,000 rounds through our weapons throughout the week.?
‘I think a lot of the complaints you’re receiving on Mr. Barnhart can be contributed to myself,? he continued. ‘I didn’t want the township to think it’s them against Mr. Barnhart. You can add me to that, I shoot a lot too.?
‘It’s unfair of you to say it disrupts the entire neighborhood. There’s an entire line of us here who are not disrupted,? said Susan Anderson, a Hosner Rd. resident. ‘I don’t feel in the least that they are disruptive to anybody.?
‘I hear a few gunshots sometimes. I don’t remember hearing repetitive fire day after day, week after week,? said Noble Rd. resident Sue Kline, who lives directly beside the Barnharts. ‘As far as sound, I’m not annoyed. My husband’s not annoyed.
‘I sympathize with the Kellers, but I’m not annoyed to the extent that these people are,? she concluded. ‘I have never been irritated to the point of being annoyed.?
Several more residents from along Noble and Hosner roads, even as far away as Locus Valley, stated that they were not disturbed by gun fire from the area. Noble Rd. resident Jerry Ingles expanded the scope of the discussion by stating he wouldn’t want the use of his private shooting range limited to just his family.
‘I think it’s pretty restrictive when it get to that point,? he concluded.
Addison Township Substation Commander Sgt. Pete Burkett said he first became aware of the shooting range noise complaints through the township ordinance officer on July 9.
Burkett said his through his initial investigation he found that the Barnhart’s property is zoned agricultural, and therefore not covered by the township noise ordinance, Ordinance #72. According to this ordinance, properties zoned agricultural are exempt.
From this point, Sgt. Burkett said he had one more avenue for addressing the issue – Township Ordinance #66, the nuisance and health ordinance.
‘However, even with this ordinance I still need three things,? explained Burkett, ‘I need a complaintant, that individual to sign a written witness statement meaning they will testify in court if need be, and to verify where the noise is coming from. The officer taking the report must be able to determine where the noise originated before we can take any more action.?
To date, no deputies have heard gunfire while on the scene for a complaint. Burkett stated that over the past couple of months he has received four to five phone calls on the topic and three reports have been filed.
‘If I can meet those three criteria, I will issue a ticket to those responsible,? said Burkett, ‘but we’ve not reached that stage.?
‘I’m starting fresh on this,? he later added. ‘I don’t want to focus on anything but what’s happened since I’ve been here. I don’t want to use someone else’s work or research.?
Burkett said that at this time all he can do is wait for another complaint and then begin going through the report process again.
At the township level, Supervisor Koski said he would like to see this resolved peacefully.
‘I would like to see a reduction in the training aspect of outside entities,? stated Koski. ‘I’d like to try to strictly enforce the original agreement with the township.
‘If we have to, we will issue a citation through the sheriff’s department and then go through the courts. But for now, we just need to wait for the sergeant to do his job.?
Currently, there are no ordinances regulating or requiring permits for shooting ranges in Addison Township. In addition, State Act 269 of 1989 provides that shooting ranges conforming to ‘generally accepted operation practices in this state? are not subject to civil liability or criminal prosecution in any matter relating to noise or noise pollution, or an action for nuisance.
This reporter did visit a website advertising competition shooting classes instructed by Mr. Barnhart, as well as law enforcement and military training courses. The different class and training course descriptions list whether they are available ‘in Michigan or at your facility.? The site does not list where the Michigan shooting range is located.
This reporter contacted the Barnharts in regards to this issue, but the family declined to comment on the advice of their attorney. Mr. Porter was also contacted by this reporter, but he chose not to comment in order to ‘not muddy the waters or say something inaccurate.? The Nieman family did not return phone calls.