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HomeMy WebLinkAbout92-91 i'.... 1(.. .' REPEALED BY BY.LAW#~I.;-~~ . ),,* ~ THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW 92-....2.,1 being a By-law to prohibit and regulate the discharge of guns or other firearms, air-guns, spring-guns, cross-bows, long-bows in the Town of Newcastle, and to repeal By-law 80-82 WHEREAS Section 210.36 of The Municipal Act R.S.O. 1990, Chapter M45 provides that for the purposes of public safety By-laws may be passed by the Council of a local municipality for the purpose of public safety for prohibiting or regulating the discharge of guns or other firearms, air- guns, spring-guns, cross-bows, long-bows, or any class or type thereof, in the municipality or in any defmed area thereof; AND WHEREAS The Corporation of the Town of Newcastle deems it desirable to exercise the said power to the extent hereinafter provided; NOW THEREFORE the Council of The Corporation of the Town of Newcastle enacts as follows: 1. For the purposes of this By-law the term: (a) "animal control officer" means a person or persons employed or appointed to provide animal control services in the Town of Newcastle; (b) "agricultural land" means those lands zoned for anyone or more agricultural purposes by the Zoning By-law; (c) "Council" means the Council of The Corporation of the Town of Newcastle; (d) "environmental protection land" means those lands zoned for environmental protection purposes by the Zoning By-law; (e) "farm" means an area of land used primarily for the purpose of raising crops, livestock or poultry; (f) "farmer" means a person or persons who occupy a farm and who owns, leases or manages it; (g) "fll'earm" includes a "fll'earm" as defmed in Section 84 of The Criminal Code, R.S.C. 1985, c.C-46, as amended., and an air-gun, a spring-gun, a cross-bow, a long bow and a compound bow; (h) "high water mark" means the highest level on the shore of Lake Ontario reached during the twelve months preceding each date on which the high water mark is identified; (i) "holding zone" means those lands zoned for deferred development by the Zoning By-law; (j) "Municipality" means the lands within the Town of Newcastle; (k) "peace officer" has the same meaning as it has in the Criminal Code, R.S.C. 1985, 1985, c.C-46 as amended; 0) "police officer" has the same meaning as it has in the Ontario Police Services Act, R.S.O. 1990, cP.15; (m) "prohibited firearm" means a fll'earm as defmed in the Criminal Code, R.S.C. 1985, c.C-46, as amended that is not a shotgun and has a calibre greater than .275 inches; (n) "residential land" means those lands zoned for residential purposes by the Zoning By-law; (0) "Zoning By-law" means Town of Newcastle By-law 84-63 as amended; and " . , . -.-. '" ..... . " , . . 0" - 2 - (p) "zoo" m~ans a corporation or person who operates a zoo in accordance with the provisions of the Zoning By-law in the Town of Newcastle. 2.(1) Except as otherwise is provided in subsection 2(2) of this By-law no person shall discharge any fll'earm at any location in the Town of N ewcastIe which is within: (a) one hundred meters from any portion of a parcel of land which is zoned as residential land by the Zoning By-law; or (b) fifty meters from any portion of a highway if the direction of shot, bullet, bolt or arrow, would intersect or run parallel to the aforesaid portion of the highway; or (c) three hundred meters from the high water mark. 2.(2) A firearm may be lawfully discharged: (a) by a farmer or a member or members of a farmer's family who discharges a fll'earm that is not a prohibited fll'earm where the farmer occupies a farm which is located on land designated as agricultural land, environmental protection land, or a holding zone by the Zoning By-law, if the purpose of the discharge of the fll'earm is to control troublesome or noxious animals or birds on the farm; (b) by a person who has in his possession at all times while engaged in hunting such necessary valid licenses and permits required by the Doiminion of Canada, the Province of Ontario and the Town of Newcastle to permit him or her to carry and discharge such fll'earm on land designated as agricultural land, environmental pro- tection land or a holding zone by the Zoning By-law provided that: (1) the firearm that is discharged is not a prohibited fll'earm; (2) such person has obtained the prior written consent of the owner or occupier of the aforesaid land which consent is dated not more than one year prior to the date of the occasion on which he discharges the fll'earm in question; (3) the written consent is in the possession of the person who discharges the fll'earm; (4) the written consent is available for inspection by any peace officer who asks to inspect the same, and; (5) the written consent in fact is produced for inspection by such peace officer immediately after his request therefore is made to such person; (c) by a person in the course of an organized shooting competition or shooting practice, provided that; (1) such competition or practice has received the prior approval of the Council at least thirty days prior to the competition or practice in question; (2) such competition or practice is conducted in accordance with any terms or conditions upon which approval has been granted; (3) a copy of the resolution of the Council granting such approval is maintained at the site of the competition or practice available at all times for inspection by any peace officer or police officer who asks to inspect the same, and; (4) the resolution in fact is produced for inspection by such peace officer or police officer immediately after the request therefore is made to such person; (d) by a person who is a member of an incorporated gun, shooting or archery club in the course of club activities, provided that; , '/14 r;. . '.. . ) , .-c . . - 3 - (1) the discharge of the firearm takes place ona range the location of which has been approved by resolution of the Town Council adopted prior to the discharge of the fll'earm in question; (2) where necessary by law, the location has been approved by the Solicitor General for Ontario, prior to the discharge of the firearm in question; (3) a copy of the resolution of the Council and evidence of the Solicitor General's approval is maintained on the range available for inspection at all times by any peace officer or police officer asking to inspect same, and; (4) the resolution and evidence of approval in fact are produced for inspection by the peace officer or police officer immediately after his request therefore is made to such person; (e) where permitted by the law, on land which is owned by Her Majesty the Queen in Right of the Province of Ontario, and (0 by a bona fide hunter actively engaged in hunting during a permitted season therefore to whom has been issued such necessary licenses and permits required by the laws of the Dominion of Canada, the Province of Ontario and the Town of Newcastle; provided that in no case referred to in paragraphs 2(2)(a) to (e) inclusive may any person discharge a fll'earm at any location in the Town of Newcastle which is within: (1) one hundred meters from any portion of a parcel of land which is zoned as residential land by the Zoning By-law; or (2) fifty meters from any portion of a highway if the direction of shot, bullet, bolt or arrow would intersect or run parallel to the aforesaid portion of the highway; or (3) three hundred meters from the high water mark; and provided further that in no case referred to in paragraph 2(2)(0 may any person discharge a firearm at any location in the Town of Newcastle which is within: (4) one hundred meters from any portion of a parcel of land which is zoned as residential land by the Zoning By-law; or (5) ftfty meters from any portion of Ii highway if the direction of shot, bullet, bolt or arrow would intersect or run parallel to the aforesaid portion of the highway. 3. Notwithstanding any other provision of this By-law, on any land on which any person may lawfully discharge a fll'earm in compliance with this By-law, each person who discharges a fll'earm shall so act as to ensure that no shot, bullet, bolt or arrow, as the case may be, passes over a parcel of land adjacent to the parcel of land on which he is discharging the fll'earm unless each adjacent parcel or parcels of land may be lawfully used by such person for the discharge of a fll'earm under this By-law and the person discharging the fll'earm has received the prior written approval of each adjacent owner or occupant of the a<ljacent parcel or parcels of land in question. 4. None of the provisions of this By-law apply to prohibit the discharge of a fll'earm by: (a) a peace officer in the lawful execution of his duties; (b) a police officer in the lawful execution of his duties; (c) an animal control officer in the lawful execution of his duties; (d) a member of the Canadian Armed Forces in the lawful execution of his duties; and . .. '" .~.", .;.... .... l ...), .. 4 " . . ,\' r, . , - 4 - (e) an officer or employee of a zoo for the purpose of controlling or destroying, where necessary, anima1s in the care or custody of the zoo that have escaped, or are injured, dangerous or disturbed, provided that such action is undertaken in compliance with the laws of the Dominion of Canada, the Province of Ontario and the Town of Newcastle. 5. By-law 80-82 of the Town of Newcastle is hereby repealed. 6. It is declared that if any section, paragraph or clause or a portion or portions of any of them contained in this By-law should be held by a Court of competent jurisdiction to be invalid in whole or in part, the valildity of other sections, paragraphs, clauses or portions of any of them contained in this By-law shall not be affected thereby, the intention of Council being that all other sections, paragraphs and clauses and portions of any of them contained in this By-law are to be considered to be valid and enforceable. 7. Every person who contravenes any provision of this By-law is guilty of an offence. BY-LAW read a first time thia 23rd day of March 1992 ~, BY-LAW read a second time this 23rd day of March 1992 - MPte.c.0 rtJ---J BY-LAW read a third time and finally passed this 23rd day of Ma:Y 1992 ~~J MAYOR