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Home My WebLink AboutCLD-007-06 Cl~n REPORT CLERK'S DEPARTMENT Meeting: General Purpose and Administration Committee Date: March 6, 2006 Report #: CLD-007 -06 File #: By-law #: Subject: Replica and Imitation Firearms RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report CLD-007 -06 be received; 2. THAT the by-law attached to Report CLD-007 -06 to regulate the sale and possession of replica firearms and imitation firearms in the Municipality be forwarded to Council for passage; and 3. THAT PC Todd Petzold, Durham Regional Police Services, and all area municipalities within Durham Region be advised of Council's decision. Submitted by: .. \ ~J2 ,--~~ Reviewed b~ -- Franklin Wu, Chief Administrative Officer PLB* CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-6506 REPORT NO.: CLD-007-06 PAGE 2 of 2 BACKGROUND At the meeting held on February 20, 2006, the General Purpose and Administration Committee received a presentation from PC Todd Petzold of the Durham Regional Police Services wherein he requested that Council pass a by-law to regulate the sale and possession of replica and imitation firearms in the Municipality. In response to several incidents in 2005 and 2006, the Township of Scugog has recently passed such a by-law, and it is Durham Regional Police's wish that all area municipalities pass the same by-law. The suggested by-law will regulate the sale, purchase and possession and use of replica and imitation firearms. It will make it unlawful to: · Sell a replica firearm or imitation firearm to any person who is less than 18 years old . Purchase a replica firearm or imitation firearm if you are younger than 18 years old · Possess a replica firearm or imitation firearm while on public property or on private property to which the public has general access, if you are less than 18 years old · Use a replica firearm or imitation firearm in a manner that is reasonably likely to cause harm or damage to another person or property . Use a replica firearm or imitation firearm in a manner that is reasonably likely to instill fear in or intimidate any other person Following the General Purpose and Administration Committee meeting, staff met with PC Petzold to discuss the enforcement of the by-law. The by-law, as suggested, states that Municipal Law Enforcement Officers shall be responsible for the administration of the by-law and the "Officer" will be responsible for the enforcement of the by-law. "Officer" is defined as a Police Officer and/or a Municipal Law Enforcement Officer. It is the intent that Municipal Law Enforcement Officers will enforce the selling portion of the by-law, ie, attend at various stores within the Municipality and speak to the manager who is selling the replica/imitation firearms, but will not approach an individual who may be in possession of the replica/imitation firearm. CONCLUSION In order to assist the Durham Regional Police Services in their efforts to control the escalating concerns with replica/imitation handguns, it is respecfully recommended that the by-law attached hereto, which mirrors the by-law of the Township of Scugog, be passed. Attachment 1 Proposed by-law Individuals to be advised of Council's decision: PC Todd Petzold, Durham Regional Police Services Area Clerks CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-6506 Attachment 1 to Report CLD-007-06 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 2006- Being a by-law to regulate the sale and Possession of Replica Firearms and Imitation Firearms in the Municipality of Clarington WHEREAS Section 130 of the Municipal Act, 2001, S.O. 2001, c.25, as amended, permits municipalities to pass by-laws related to the health, safety and well-being of the inhabitants of the municipality; AND WHEREAS the Corporation of the Municipality of Clarington has determined that the purchase, sale, possession and use of Replicas of Firearms are activities having the potential to negatively affect the health safety and well- being of the inhabitants of the Municipality; AND WHEREAS the Corporation of the Municipality of Clarington has determined that the regulation of the purchase, sale, possession and use of Replicas of Firearms is related to the health, safety and well-being of the inhabitants of the Municipality of Clarington; NOW THEREFORE the Council of the Corporation of the Municipality of Clarington enacts as follows: SECTION ONE - DEFINITIONS 1.1 In this by-law: (a) "Criminal Record" means any conviction under the Criminal Code and includes any amendments thereto; (b) "Firearm" means any barrelled weapon from which a shot, bullet or other projectile can be discharged by means of rimfire or centrefire ammunition. (c) "Identification" means a valid driver's license issued by the Province of Ontario or any other Ontario Government issued photo identification. (d) "Imitation Firearm" means any device that is designed or intended to resemble a Firearm or Replica Firearm or may be reasonably mistaken as a Firearm or Replica Firearm and shall include a device that, with limited modification, may be reasonably mistaken as a Firearm or Replica Firearm. (e) "Municipal Law Enforcement Officer" means a Municipal Law Enforcement Officer appointed to enforce the By-laws of the Municipality of Clarington. (f) "Officer" means a Police Officer and/or a Municipal Law Enforcement Officer. (g) "Person" includes a Person as defined in accordance with the Interpretation Act, R.S.O. 1990, c. 1.11, as amended. (h) "Police Officer" means a Police Constable sworn in and for the Province of Ontario and shall include a Constable of the Royal Canadian Mounted Police. - 2 - (i) "Police Report" means a Criminal Information Request received from the Durham Regional Police Service, Ontario Provincial Police Service and Royal Canadian Mounted Police Service and such Police Report shall be current to within six (6) months. U) "Purchaser" means the purchaser of a Replica Firearm or Imitation Firearm and includes a Person. (k) "Replica Firearm" means any barrelled weapon from which a shot, bullet or other projectile can be discharged by means other than rimfire or centrefire ammunition. (I) "Municipality" means the Municipality of Clarington. (m) "Vendor" means the seller of a Replica Firearm or Imitation Firearm and includes a Person. SECTION TWO - GENERAL REGULATION 2.1 No Person shall purchase, sell, possess or use a Replica Firearm or Imitation Firearm in the Municipality except in accordance with this By-law. SECTION THREE - REGULATION OF SALE 3.1 No Person shall sell a Replica Firearm or Imitation Firearm to any Person who is less than 18 years old and confirms, by way of identification, that the Purchaser is not less than 18 years old. SECTION FOUR - REGULATION OF PURCHASE 4.1 No person shall purchase a Replica Firearm or Imitation Firearm unless that person confirms, by way of identification to the Vendor, to the satisfaction of the Vendor, that the Purchaser is not less than 18 years old. SECTION FIVE - REGULATION OF POSSESSION AND USE 5.1 No person who is less than 18 years old shall possess a Replica Firearm or Imitation Firearm while on public property or on private property to which the public has general access. 5.2 No Person shall use a Replica Firearm or Imitation Firearm in a manner that is reasonably likely to cause harm or damage to another person or property. 5.3 No Person shall use a Replica Firearm or Imitation Firearm in a manner that is reasonably likely to instil fear in or intimidate any other person. 5.4 Any person who is found in contravention of Section 5 shall forthwith surrender such Replica Firearm or Imitation Firearm to an Officer. - 3 - SECTION SIX - ADMINISTRATION AND ENFORCEMENT 6.1 The Municipal Law Enforcem t Off Administration of this By-law. en Icer shall be responsible for the 6.2 The Officer will be responsible for the Enforcement of this By-Law. SECTION SEVEN - OFFENCE 7.1 Every ~erso.n who contravenes any provision, section or paragraph of this By-law IS gUilty of an offence and upon conviction is liable to a fine or pena!ty .for each offence, exclusive of costs, as prescribed by the ProVincial Offences Act, R.S.O. 1990, c. P.33, as amended. SECTION EIGHT - SEVERABILITY 8.1 If a court of competent jurisdiction should declare any section of this By- law, or part thereof, to be invalid, such section or part of a section shall not be constructed as having persuaded or influenced Council to pass the remainder of this By-law as having being invalid and is hereby declared that the remainder of the By-law shall be valid and shall remain in force. SECTION NINE - NON-APPLICATION 9.1 This By-law shall not apply to the pos.sessi.on or use of a Replica Fir~arm or Imitation Firearm for, or in connection With, the lawfu~ us~ ther~of In motion pictures, television and stage productions, the hl.stoncal dls~lays or educational programs of a public museum or duly constituted sporting events. SECTION TEN - SHORT TITLE The short title of this By-law shall be the "Replica Firearm By-law". 1 0.1 SECTION ELEVEN - DATE EFFECTIVE This By-law shall come into effect on the day of its passing. 11.1 . 20th day of March 2006. By-law read a first and second time thiS . 20th d of March 2006. By-law read a third time and finally passed thiS ay John Mutton, Mayor Patti L. Barrie, Municipal Clerk