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HomeMy WebLinkAboutCLD-19-03 , .~- " Clw:mglOn REPORT CLERK'S DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: MAY 5, 2003 Report #: CLD-19-03 File#: Ibf CffJ- ;;Jocf-D3 By-law #: Subject: FIREARMS CONCERNS WITHIN THE MUNICIPALITY RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report CLD-19-03 be received; 2. THAT a committee be formed to address the issues of Hunting with Shotgun versus High powered rifles and the safety concerns of the community; 3. THAT the Terms of Reference and Mandate attached hereto as attachment #1 be adopted as the Terms of Reference and Mandate for the Clarington Firearms Safety Committee; 4. THAT the Durham Regional Police, the Ministry of Natural Resources and the Ontario Federation of Anglers and Hunters be requested to appoint one representative each to sit on the committee; 5. THAT the Clerk of the Municipality advertise in the local paper for interested parties to join the committee; and 6. THAT a copy of Report CLD-19-03 be forwarded to the interested parties listed for their information. Submitted by: .""').-- /) l @-t, Jl1~-:.({_~ Reviewed by: Franklin Wu, Chief Administrative Officer PLB*LC*TV*ct CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-6506 1 , 01 REPORT NO.:CLD-19..Qa PAGE 2 014 BACKGROUND On March 31st a delegation appeared before Council to address concerns regarding "Public Safety in Clarington". Several Kendal area residents expressed concerns over a group of Coyote hunters that, while in pursuit of their quarry, were discharging high powered rifles. Five citizens spoke to Council regarding their concems of "unlawful and unethical hunting" and the use of high powered rifles as opposed to shotguns in the Kendal Crown Land. Six delegates spoke to Council regarding the state of wildlife in the area, the legal use of firearms in pursuit of specific quarry, and the impact of Coyote predation upon local livestock. A spokesperson for the Ontario Federation of Anglers and Hunters informed Council of Federal and Provincial Laws that regulate the use of firearms and the restrictions on hunting. A spokesperson from the Ministry of Natural Resources, the department responsible for the Kendal Crown Lands spoke of the recreational outdoor activity uses at that site. The Ministry of Natural Resources spokesperson also informed Council that they have full jurisdiction at the Kendal Crown land site regarding any illegal activities as they pertain to hunting and trespassing, and all calls from the public should be directed to them and not the Municipality. ISSUES Within the geographical boundaries of Clarington there exists an urban and rural area. At the present time the Municipality is experiencing growth in development in the urban area. While the rural portion of the Municipality is dominated mainly by Agricultural uses there is a limited expansion in this area as well, consisting mostly of estate residential properties. The question that exists is one of expanding recreational uses (hiking, skiing) versus traditional recreational uses (hunting). Can both co-exist in the remaining rural areas? By-Law 2001-098 which regulates the discharge of firearms sets out conditions whereby a firearm may be discharged within the Municipality. The by-law regulates what type of firearm may be discharged (a calibre not greater than .275), on what type of land it may be discharged (Agriculture and Environmentally Protected) and the setbacks that are required (300 metres) to 1 t 02 REPORT NO.:CLD-19..Q3 PAGE 3 OF 4 discharge a firearm. The 300 metre buffer zone was also implemented around public centres, ie. schools, community centres and churches. HIGH POWERED RIFLE VERSUS SHOTGUN A high powered rifle is defined as a shoulder-fired weapon utilizing a relatively high-velocity round. They are capable of accurate fire out to a few hundred metres, The term rifle derives from the rifling of the barrel. Rifling is typically helical ridges formed on the inside of the barrel through hammering or drawing. As the projectile engages the rifling it imparts spin. The spin stabilizes the flight of the projectile once it has left the barrel, giving it greater precision over long distances. A shotgun is a shoulder-fired weapon. Most have barrels with smooth bores and fire loads of multiple lead or steel shot. Shotguns are found in hunting, target shooting, military, police, and self-defence applications. Shotguns can also fire slugs (a single large projectile) from smooth or rifled barrels. Shot is effective to about 40 metres or less. Slugs are effective out to about 100 metres or less. Shotguns are usually used at the shorter end of these ranges. There exists within the Municipality various hunting seasons when either type of firearm may be used in pursuit of game animals. The season and type of firearm used is regulated by the Ministry of Natural Resources, and enforced by Conservation Officers. The only type of hunting allowed within the Municipality that a high powered rifle can be used is for small game animals such as foxes, coyotes, rabbits, hares, and raccoons. The Ministry of Natural Resources also restricts the calibre of rifle in the Municipality to no greater than .275. COMMENTS Following the delegations on March 31, Council passed a resolution that a committee be formed to address the issue of safety and the use of shotguns versus high powered rifles, Staff suggest that the committee be comprised of interested parties from the following areas: Durham Regional Police (One representative) Ministry of Natural Resources (One representative) Ontario Federation of Anglers and Hunters (One representative) One local farmer 1103 REPORT NO.:CLD-19..Q3 PAGE40F4 One licensed trapper Three citizens from the Municipality One member of Council One member of the Municipal Law Enforcement Division. Following the advertising period, applications will be forwarded to Council for the Committee appointments to be made. ATTACHMENT #1 : Terms of Reference and Mandate for Committee Interested parties to be advised of Council's decision: Glenn & Karen Flim 6143 Hillen Road R.R #1 Kendal, ON LOA 1 EO Norm Monaghan 427 Trent Valley Road RR #4 Brighton, ON KOK 1 HO Greg Farrant, Govemment Relations Manager Ontario Federation of Anglers and Hunters P.O. Box 2800 Peterborough, ON K9J 8L5 John McKelvey 1411 Regional Road 42 Bowmanville, ON L 1 C 3K5 John Almond Ministry of Natural Resources 50 Bloomington Road West Aurora, ON L4G 3G8 Arnot Wotten 1933 Concession Road 6 RR #1 Hampton, ON LOB 1JO Detective Craig Greentree 16111 Division, Durham Regional Police Department Regional Road 57 Bowmanville, ON Richard & Florence Stephenson 4346 Concession Road 6 Kendal, ON LOA 1 EO Eric Atkins 4334 Concession Road 6 Kendal, ON LOA 1 EO l1Q4 f5tm.,. . '-. -- - -j ,::_;." <', ," :"''j..c;:::'~_': .. ,__ ,.:..."...:::<_,,:'-._:....:i - I~~"-~';~ifG ~---___..,'.-'.--'':2.,-'-,---.---,_.._-'-c'~.:-'' .._..... '_ ..,',. ',..':'J ,__.. ',_ ,.... ",' ........, m-'-.-.------ '---' - -();}"" ,,' - -- -- -c-H-~:~-{--"tr1-::- ,; -J.;.:.:] c,.,,' '-' -, ' ,'_c, " ,_.. .,,__h .. ._.......'_,....._._..:..,.. co" c,,:'_- ,:~:: ,"tf;:_I. ,..>';-zJtL:/iFi Keith Worden 32 King Street East Oshawa, ON L 1 H 1 B3 Bill Grealis, Vice President Union Rod and Gun Club 3796 Concession Road 3 Newcastle, ON L 1 B 1 L9 Attachment No.1 to Report CLD-19-03 TERMS OF REFERENCE CLARINGTON FIREARMS SAFETY COMMITTEE 1. MANDATE The Clarington Firearms Safety Committee shall advise and assist the Municipality in reviewing current Municipal by-laws related to the use of shotguns and high powered rifles and addressing the safety concerns of the community. 2. COMMITTEE COMPOSITION The Committee shall be composed of a representative of each of the following: Municipal Law Enforcement Division Municipal Council Durham Regional Police Ministry of Natural Resources Ontario Federation of Anglers and Hunters One local farmer One licensed trapper Three citizens from the Municipality The Durham Regional Police, the Ministry of Natural Resources and the Ontario Federation of Anglers and Hunters will be requested to appoint a representative to the committee. The representatives of the farming community, the licensed trapper and the three citizens shall be appointed from a list of applicants submitted to Council for selection. 3. COMMITTEE CHAIR A Chairperson to preside over meetings and Committee business will be elected from Committee members at the first meeting. The Council representative shall chair the first meeting of the Committee. 1105 .. , Tenns of Reference - Clarington Fireanns Safety Committee 4. DUTIES OF THE COMMITTEE The Committee shall review the Municipality's current by-laws related to the use of shotguns and high powered rifles and the safety concerns of the community. The Committee shall make such recommendations as it sees fit for possible changes to the Municipal by-law. The Committee may also, at its discretion, make recommendations and representations for appropriate changes to provincial legislation. The Committee shall present a final Report to Council for its consideration. 5. ABSENCES If a committee member is absent for three consecutive meetings, they are deemed to have forfeited their membership unless their absence is justified. In the event of a vacancy, Council may appoint a person to fill the forfeited membership. 6. COUNCIL ROLE Council may review the composition of the Committee to ensure that it is representative of the community and is working effectively. Council can, with or without the advise of the Committee, make changes to membership composition to ensure the Committee's effectiveness. 1106