HomeMy WebLinkAbout2006-054
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NUMBER 2006-054
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.
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(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.
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SECTION SIX - ADMINISTRATION AND ENFORCEMENT
6.1 The Municipal Law Enforcement Officer shall be responsible for the
Administration of this By-law.
6.2 The Officer will be responsible for the Enforcement of this By-Law.
SECTION SEVEN - OFFENCE
7.1 Every Person 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
penalty 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 possession or use of a Replica Firearm
or Imitation Firearm for, or in connection with, the lawful use thereof in
motion pictures, television and stage productions, the historical displays or
educational programs of a public museum or duly constituted sporting
events.
SECTION TEN - SHORT TITLE
10.1 The short title of this By-law shall be the "Replica Firearm By-law".
SECTION ELEVEN - DATE EFFECTIVE
11.1 This By-law shall come into effect on the day of its passing.
By-law read a first and second time this 20th day of March 2006.
By-law read a third time and finally passed this 20th day of March 2006.
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Patti S>Barrie,rVlunicipal Clerk