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HomeMy WebLinkAboutPD-55-92 Addendum THE CORPORATION OF THE TOWN OF NEWCASTLE REPORT Meeting: General Purpose and Administration Committee File # Date: Monday, March 16, 1992 Res. ADDENDUM TO By-Law# Report#:--F-D-55-92 File#: Subject: PROPOSED FIREARMS BY-LAW Recommendations: It is - respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Addendum to Report PD-55-92 be received; and 2 . THAT By-law 80-82 be repealed and the attached By-law be enacted in its place. 3 . THAT the Gun Clubs and other interested parties be advised of Council's decision and be forwarded a copy of the new By-law. 1. BACKGROUND: 1. 1 At the G.P.A. meeting of February 17, 1992, Mr. E.W. McQuay of the Ministry of Natural Resources and Mr. Gordon Gallant of the Ontario Federation of Anglers and Hunters attended to express their views on the proposed By-law. The Committee subsequently referred the report back to staff. 1.2 Staff met with both parties in an effort to resolve any outstanding objections before reporting back to G.P.A. 2. REPORT: 2 . 1 After consideration of the input of the representatives of the Ontario Federation of Anglers and Hunters and the Ministry of Natural Resources, staff have re-examined the By-law as it was presented in the last report and made some changes which are outlined below. 2 . 2 The attached proposed By-law is not intended to unnecessarily restrict hunting within the Town. In view of the problems created by noxious or predatory animals and game birds nesting along the waterfront, the proposed By-law now allows a bona fide hunter to hunt within three hundred meters of the high water mark. This exemption will be specific to hunters and the person must, at the time the firearm is discharged, be legally and actively involved in hunting. ADDENDUM TO REPORT PD-55-92 PAGE TWO 2 . 3 After consultation with a representative from the Bowmanville Zoo it was decided to include them in the general exemptions for discharge of a firearm in the event that an animal in their care had to be sedated or destroyed. 2 .4 The use of the term "weapon" had caused a great deal of concern among the delegates to Council. A legal opinion was obtained and the term "firearm" is now defined to include an air-gun, a spring- gun, a cross-bow, a long bow and a compound bow. 2 .5 A copy of the previous report is attached for information purposes . 2 . 6 Each of the interested parties listed below has been notified of the meeting and a copy of the proposed By-law has been made available to them to review. CONCLUSION: 3 . 1 In consideration of the above noted comments and the delegations which have appeared before the G.P.A. it is recommended that the proposed By-law be approved to protect the safety of the general public . Respectfully submitted, Recommended for presentation to the Committee Franklin Wu, M.C. I .P. Lawren E. Kotseff, M.C. I.P. Director of Planning Chief A inistrative and Development Officer LC*FW*MH Interested parties to be notified of Council and Committee's decision: Gary Burke Adrian Deman Durham Archers 4001 4th Concession Road East 1330 Trowbridge Street, Unit 101 Orono, Ontario Oshawa, Ontario L1G 7L1 LOB 1MO Timothy Coffey Roy Fleming 102 King St. W. Union Rod & Gun Club Bowmanville, Ont. L1C 1R5 609 Carnegie Avenue Oshawa, Ontario L1G 4R4 David Crosby Susan Funston 18 Werrydale Drive 160 Beaver St. S . Enniskillen, Ont. LOB 1HO Newcastle, Ontario L1B 1C4 7 . ADDENDUM TO REPORT PD-55-92 PAGE THREE Gordon Gallant Jerry Neely Ontario Federation of Anglers Marksman Club of Oshawa & Hunters P.O. Box 2002 P.O. Box 2800 Oshawa, Ontario L1H 7V7 Peterborough, Ont. K9J 8L5 E.W. McQuay Fern Sargent Ministry of Natural Resources Orono Fish & Hunt Club 322 Kent St. W. 5751 Ochonski Road Lindsay, Ont. K9V 4T7 Orono, Ont. LOB IMO John Stacey 7 Concession St. W. , Apt. 5 Bowmanville, Ont. L1C 1Y6 ) 04 THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW 92-- 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 defined 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 any one 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) "firearm"includes a"firearm" as defined in Section 84 of The Criminal Code, R.S.C. 1985, c.0-46, 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; 0) "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.0-46 as amended; (i) "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 firearm as defined in the Criminal Code,R.S.C. 1985, c.0-46, 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; (o) "Zoning By-law" means Town of Newcastle By-law 84-63 as amended;and t 0 - 2 - (p) "zoo"means 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 firearm at any location in the Town of Newcastle 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 firearm that is not a prohibited firearm 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 firearm 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 firearm 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 firearm; (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 firearm in question; (3) the written consent is in the possession of the person who discharges the firearm; (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; ` 206 3 - (1) the discharge of the firearm takes place on a range the location of which has been approved by resolution of the Town Council adopted prior to the discharge of the firearm 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 (f) 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 firearm 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)(f) 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) 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. 3. Notwithstanding any other provision of this By-law, on any land on which any person may lawfully discharge a firearm in compliance with this By-law, each person who discharges a firearm 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 firearm unless each adjacent parcel or parcels of land may be lawfully used by such person for the discharge of a firearm under this By-law and the person discharging the firearm has received the prior written approval of each adjacent owner or occupant of the adjacent parcel or parcels of land in question. 4. None of the provisions of this By-law apply to prohibit the discharge of a firearm 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 X207 - 4- (e) an officer or employee of a zoo for the purpose of controlling or destroying, where necessary,animals 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. 6. 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 this day of , 1992 BY-LAW read a second time this day of , 1992 BY-LAW read a third time and finally passed this day of , 1992 MAYOR CLERK THE CORPORATION OF THE TOWN OF NEWCASTLE I REPORT Meeting: General Purpose and Administration Committee File# ,Pb( •a 5 93 t Date: Monday, February 17, 1992 . Res. # Report#: PD- 55 -92 File#: By-Law# Subject: PROPOSED FIREARMS BY-LAW Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD- 55 -92 be received; and 2 . THAT By-law 80-82 be repealed and the attached By-law be enacted in its placef. 3. THAT the Gun Clubs and other interested parties be advised of Council's decision and be forwarded a copy of the By-law. 1. BACKGROUND: 1.1 The current Town of Newcastle Firearms By-law was passed in 1980 and has been found to. be inadequte in its scope. 1,i2 In 1989 The Municipal Act, Section 210(29) was amended to allow a Municipality to prohibit or regulate the use of all forms of cross- bows and long bows as well as the already existing power to control all types of firearms within its jurisdiction. 1.3 In response to serious concerns raised by both the public and the Durham Regional Police over public safety as it relates to the use of various firearms and bows within the Town, staff investigated and drafted a new Firearms,. By-law which was presented to Council on October 15, 1991. This By-law and the accompanying report were referred back to staff for further study. 1.4 Since the Council meeting of October 15, 1991, staff have received further comments from various citizens, the Orono Fish and Hunt Club, the Ministry of Natural Resources and the Ontario Federation of Anglers and Hunters . Their view and those of the Durham Regional Police have been review6d by staff and where deemed appli- cable have been incorporated into the new draft By-law. 9 0 RECYCLE' ® PA PI APED PECYCL E REPORT NO. PD-55-92 PAGE TWO C014MNTS: 2 . 1 As stated above, the existing By-law has been found to be deficient in many areas . The major problems are as follows: (a) the By-law allows the discharge of firearms on any land zoned Agricultural, Open Space or Deferred Development. With the continued growth of the Town, this simple criteria can no longer suffice. As development continues, small pockets of lands that would meet the requirements of existing By-law 80-82 are being increasingly encroached upon and this presents a safety concern to the residents; (b) the existing By-law makes no stipulation of setbacks from a roadway or a residential lot, the only requirement, as stated above, is that the land be zoned Agricultural or Open Space. The Ministry of Natural Resources Regulations prohibit the discharge of firearms across a road but do not deal with the issue of residential lots; (c) on October 15, 1991, Council heard a delegation from a citizen of Newcastle Village dealing with the discharge of a long bow on a residential lot. This was not the first incident that staff were aware of involving similar dangerous or potentially dangerous situations; (d) staff have received a number of complaints regarding persons discharging weapons at the lakeshore involving tin cans and other "targets" being set up along the shoreline and thereby endangering others who use the lakefront for recreational purposes . It should be noted that, in 1991 the Honourable Ruth Grier announced the need to implement a waterfront trail from Burlington to Port Hope. To allow the discharge of any type of weapon along the shoreline would appear to be contrary to the intent of this Provincial Government initiative. 2 .2 In order to effectively deal with the issues noted above, staff propose the By-law be amended to: (a) prohibit the discharge of any weapon within 100 meters of a residentially zoned lot to allow for an adequate buffer area to protect residential properties; (b) prohibit the discharge of any weapon within 50 meters of any opened road allowance except where the direction of shot would not intersect or run parallel to the said road allowance; (c) define "weapon" to include any gun, firearm, air gun, spring gun, crossbow, longbow or any class thereof; ' ? 10� . REPORT NO: PD-55-92 PAGE THREE (d) prohibit the discharge of any weapon on lands within 300 meters of the high water mark of the lakefront.. This section does not prohibit the discharge of a weapon from Lake Ontario or on Crown-owned land. 2 . 3 Sections 4, 5 and 6 of the proposed new By-law are taken from the existing By-law with only minor modifications . 2 .4 Each of the interested parties listed below have been notified of the meeting and have been forwarded a copy of the proposed By-law. CONCLUSION: 3. 1 In consideration of the comments above the Town should amend the existing Firearm By-law to protect the safety of the general public . Respectfully submitted, Recommended for presentation to the Committee C CA, Franklin Wu, M.C. I .P. Law ence E. Kotseff, M.C.I .P. Director of Planning Chief Administrative and Development Officer LC*FW*MH Interested parties to be notified of Council and Committee's decision: David Crosby R.G. Morgan 18 Werrydale Drive Ontario Association of Anglers Enniskillen, Ontario & Hunters LOB 1HO P.O. Box 2800 Peterborough, Ontario Adrian Deman 4001 4th Concession Road East Fern Sargent Orono, Ontario Orono Fish & Hunt Club LOB 1X0 5751 Ochonski Road R.R. #2 Paul Drysdale Orono, Ontario Ministry of Natural Resources LOB 1MO 322 Kent Street West Lindsay, Ontario K9V 4T7 Susan Funston 160 Beaver Street South Newcstle, Ontario L1B 1C4