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HomeMy WebLinkAbout80-82 .... .. ,." p" REPEALED BY BY.LAW ,::t.;{.:.~U. . .. . .. ".-, "".~ .' . 4' TIIE CORPORATION OF 'UlE 'I'<::mN OF NEWCASTlE . BY-Il\W NO.80-82 Being a by-law to prohibit and regulate the discharge of guns or other firearms, air guns and spring guns in the Tbwn of Newcastle. 'VHEREAS, Section 354(1) (30) of the Municipal Act, R.S.O. , 1970, C~apter 284, authorizes the Council of a 'Ibwn to pass by-laws for prohibiting or regulating the discharge of guns or other fireanns, air guns and sprlllg guns or any class or type thereof in the municipality in any defined area or areas thereof; AND WHEREAS, the Council of the Corporation of the 'Ibwn of Newcastle deems it desirable to exercise the said power to the extent hereinafter provided; Nav THEREFORE BE IT ENACI'ED and it is hereby enacted as a by-law of the Corporation of the 'Ibwn of Newcastle by the Council thereof as follows: . 1. Except as otherwise provided by the expressed provisions of this by-law, no person shall discharge any gun, firearm, air gun or spring gun in The 'Ibwn of Newcastle. 2. Notwithstanding the provisions of Section 1 of this by-law, (a) The owners and occupiers of land used for fam purposes and designated in the applicable zoning by-law as agricultural, open space or deferred developnent except all lands contained within lots 12 and 13 of the broken front concession of the former Tbwnship of Darlington may discharge a shotgun or rifle of no greater calibre than .275 for the control of pests upon land owned or occupied by the person so discharging the shotgun or rifle, provided that no shot or bullet shall pass over the boundary of the land so owned or occupied; . (b) A Hunter, having in his possession, all necessary licenses required by the Province of Ontario, I:bminion of Canada and 'Ibwn of Newcastle to permit him to hunt and to carry and discharge such gun, may discharge a shotgun or rifle of no greater calibre than .275 upon ,.., . : ), ,. ... . . . . < , (2) the lands described in clause (a) above, provided that he has the written consent of the owner or occupier of the said land, which consent bears a date not rrore than one year prior to the date of the discharge of the said shotgun or rifle, and which consent is available on the person discharging the said shotgun or rifle, for inspection by any person requesting inspection of the same. (c) A person may discharge a gun or other fireanns in the course of a shooting competition or practice, provided that such shooting competition or practice has been approved by a resolution of the Corp:::>ration of the 'Ibwn of Ne\vcastle, and provided further that such competition or practice complies with any tenns or conditions uj;On which such approval has been granted, and provided further that a copy of the resolution of the Council of the Corporation of the 'Ibwn of Newcastle, granting such approval, lS available for inspection at the site of the competition or practice by any person requesting inspection of the same. (d) A person who is a member of an incorporated gun or shooting club may discharge a gun or firearm in the course of club activities provided that such discharge takes place uj;On a shooting range, the location of which has been approved by resolution of the Council of the Corporation of the 'Ibwn of Newcastle and has been further approved by the Ministry of the Solicitor General for Ontario, and provided further that a copy of the said resolution and evidence of the said approval is available at the shooting range for inspection by any person requesting inspection of the same. (e) A person may discharge a fireann or gun urx)n public land which has been designated as Crown Land by the Province of Ontario, or is subject to a wildlife extension agreement. 3. The provisions of this by-law shall not apply to the discharge of a gun or firearm by any Peace Officer as defined in the Criminal Code of Canada provided such discharge is in the course of the performance of his duties as such Peace Officer. ~ . . -; ... '.~. .. " (3) . 4. The provisions of this by-law shall not apply to prohibit the discharge of a gun or fiream by any Animal Control Officer employed by a rmmicipality or governrrent, provided such discharge takes place in the performance of his duties as such Animal Control Officer. 5. Schedule "A" hereto annexed fonns part of this by-law. 6. Every person who contravenes any provision of this by-law shall be guilty of an offence and liable upon conviction to the penalty of not less than $100.00 or more than $1,000.00 exclusive of costs. 7. The following by-laws or parts of by-laws are hereby repealed: .. By-law No. 666 of the former Village of Newcastle, passed on October 14, 1952. By-law No.1736 of the former 'Ibwn of Bowmanville, passed on September 14, 1959. By-law No.75-29 of the 'Ibwn of Newcastle, passed on July 7, 1975. Any or all other by-laws or parts of by-laws of the former 'Ibwn of Bowmanville, Village of Newcastle, 'Ibwnship of Clarke and 'Ibwnship of Darlington, inconsistent with the provisions of this By-laws, be and the same are hereby repealed. By-law read a first time this .(~:7 day of ..... .7()./Ij,~ .. . . .. ... . .1980. By-law read a second time this .I1J.-:-day of ...... 7.u.!'!f1-:-........... .1980. By-law read a third time and finall passed this '1.-:. day of .::t. ~.IJ.Ih... 1980. -~~ Mc"'lyor, G. B. Rickard. SEAL O+<~~ Cl~M. McIlroy. . ~~I ". . ," '. - '.. '\ r-; .."-'.. I&~ -, .j SCHEDULE "A" TO I~1:~1:Jf1JLJIQ_~._:6::J:2. TO: Hnntero name Address Telephone No. This lotteI' in your authority to ontor my/our property loca.ted on Lot .9 ConcorJOion __.' in tho Goographic Township of 9 Town of Ncwcnstle 9 Region of DurhflJn, for the purpooo of hnnting. Thin authori.ty 1.0 19'n.ntorl on condl tion that you will idemnify and cave harmloGO tho undoroigned and tho O'ffiCrfJ onu. occupiero of the proporty above deocribcd ng'n:lm:rt row looCJ or domngo suffered as tho rcaul t of your entry ul)on tho :L):::'oporLy or no tho reuul t of your hnntine thereon and llill idornnify nncl nn.v<J llnT:nl(;[)[) tho unrlc~[Jlenod and the owners and occupior of the abov()])ro~JOrty fat' {:lJY claim for 1008 or damago which may be made a{Sn.inut them 1).,{ reanon of ;liY nc l, or thJnG done by you while on the above ]Yroporty. It io further lmdcTf";tood :md n:::corl1hat t::~ permiosion hereby granted mny be rcvoJ::c(l b,Y tho lmclC:i..'uj()1C1i at any Line and, if 00 revokecl, thiG letter ,,,ill bo 1'01,11.1:11(J<1 to the und(~riJiGil(;d.. ....... ...,...... _.... -0, '_,.__._._..._._..~, .....","~,____._.._.__..._,_' _.....,."'....._._.. Occu!:Jior' (1 VllhlC ...- --_._.,.~ ......_-...._._~.'.._,--,...._......_,~._------,_..~."- .''''_.._-- !,dtl~'QUO r(we) agree to the termo ro1tl conditiolJ:; ::lOt out abovo md UW10j.'C'il'::: to indenmify and O[1.ve hnrmlcoo tho OVlIwrn Q!Hl (JccupiOJ:n of t'(, [l,11ov(' il;[1crib0cl land as above provided. .,-,_.. _', "'.c_ ._, "'_'","__ ....,____..,,_.....' "'_'__'_'''',__~''''''~'.__''''''' ...,.c._. _".,...._....,,_. T lunLer.