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HomeMy WebLinkAboutCD-17-83 (V �a) N`SOp,,y'(iO l[pGE M'p CORPORATION OF THE TOWN OF NEWCASTLE OFFICE OF THE TOWN CLERK 40 TEMPERANCE STREET TELEPHONE 623-3379 BOWMANVILLE, ONTARIO LiC3A6 REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING OF MARCH 7, 1982. CD-17-83 - Our File: 10.13.99. SUBJECT: DISCHARGE OF FIREARMS IN THE TOWN OF NEWCASTLE RECOMMENDATIONS: 1. That this report be received; and 2. That the concerns raised by Mrs. Catherine Sampson with respect to the discharging of firearms be referred to the Durham REgional Police Department and the Ministry of Natural Resources with the request that they diligently pursue and prosecute persons found contravening the law with respect to the illegal discharge of firearms; and 3. That the owners or occupiers of agricultural lands who have a concern about the illegal discharging of firearms on their lands be invited to post their lands with suitably worded signs; and 4. That Mrs. Catherine Sampson, R.R. #2, Orono, Ontario, LOB 1MO, be advised of the actions taken, and provided with a copy of By-law No. 75-29 for her information. BACKGROUND: Council , at the meeting of Monday, February 14th 1983, in response to concerns raised with respect to the discharge of firearms passed the following resolution: Resolution #C-87-83 "THAT the correspondence dated January 27, 1983, from Mrs. Sampson, relative -to discharge of firearms in the area of the Forestry Station at Orono, be received and referred to staff for review and report to the General ,�• Purpose and Administration Committee on ways in which ��' } the Town can assist in the control of this hazardous practice in the Town of Newcastle. " i ►V � Lca CD-17-83 - 2 - March 7th 1983 COMMENTS: As directed by the Resolution, a review of the Provincial Statutes (The Municipal Act and The Game and Fish Act) , and the Municipal By-law relating to the subject was undertaken. The Municipal Act R.S.O. 1980, Section 210 (29) provides as follows: "That by-laws may be passed by the Council of local municipalities, for prohibiting or regulating the discharge of guns or other firearms, air-guns, and spring-guns, or any class or type thereof in the municipality or in any defined area or areas thereof. " The Game and Fish Act R.S.O. 1980, Chapter 182, deals with all matters relating to hunting and fishing within the Province of Ontario. The Act supports by-law No. 75-29, enacted by Council in 1975, and entitled: "A by-law to prohibit and regulate the discharge of guns or other firearms, air-guns and spring-guns in the Town of Newcastle. " This by-law incorporates all of the conditions necessary to control the discharge of the various types of firearms in the municipality. As may be noted in the by-law, there is a prohibition to the discharge of firearms with these exceptions : 1. By the owner or occupiers of lands used for farm purposes; 2. A hunter licenced by the Federal or Provincial Government and where such activity is being carried out upon privately owned agricultural lands, the written consent of the owner or occupier of the agricultural lands in writing; 3. Discharge of firearms in a competition or practice which has been approved by resolution of Council ;. 4. Discharge of firearms by members of a gun or shooting club upon a shooting range approved by Council ; 5. Discharge of firearms upon public land designated as Crown, land by the Province, or land that is subject to a wildlife extension agreement. 6 (.� CD-17-83 - 3 - March 7, 1983 The provisions of the by-law do not, however, apply to the discharge of firearms by Law Enforcement Officers who discharge firearms in the course of their duties. With respect to Mrs. Sampson's request that "appropriate signs . . . be posted on the roadways bordering the Forestry Station," I would suggest that were the Town of Newcastle to post signs in this specific area, a great number of agricultural land owners in the municipality would make similar requests. It would be in order, however, to suggest to the owners of agricultural lands that they have the right to restrict access to their lands. This can be done by posting the boundaries of their lands with signs that contain one of the following notices: "NO TRESPASSING" "NO HUNTING ALLOWED" "NO SHOOTING ALLOWED. Signs such as these are available at nominal cost. It would be appropriate that the enforcement agencies having jurisdiction in this field be advised of the concerns raised by Mrs. Sampson and that they be asked to investigate, and when appropriate, prosecute all persons found to be contravening provincial or municipal laws to the fullest extent of the law. Respectfully submitted, ct,(�� aA, David W. Oakes, A.M.C.T. , Town Clerk. i DWO/ms A hments: 1. Letter from Mrs. C. Sampson 2. By-law No. 75-29 3. Article from the Times of February 16, 1983. February 21, 1983. Communications Direction D - I E L - 1933 Mrs. C. Sampson R. R. #2 Orono, Ontario LOB 1M0 January 27, 1983 His Worship Mayor G. B. Rickard Town of Newcastle 40 Temperance Street Bowmanville, Ontario L1 C 3A6 Dear Mayor Rickard: I am writing with regards to a potential dangerous situation that occurs frequently in our area. We purchased a farm just over a year ago, approximately 1 /4 mile from Main Street in Orono. It is located on Oschonski Road and borders the Ministry of Natural Resources, Forestry station. The problem in question is the discharge of fire arms in this area, which I understand from other residents has been going on for some time. My husband and I are genuinely concerned with the saftey of our fellow neighbours as well as our purebred horses that we raise. The main reason for purchasing in this area was the location. It is very peaceful and in a beautiful setting. As you know the Forestry is very popular and may I add, a well maintained property. Many people frequent this area with their children and friends to go for walks on the very scenic routes. There have been a number of occasions when other persons have also used this area for target practice and hunting. Needless to say, this poses a very hazardous situation. A most recent in- cidence occured when shotguns were fired only 50 yards from our fenceline, frightening our valuable horses causing them to bolt. Durham Regional police were called in and agreed that a potential danger exists. I had retrieved the casings (12 guage shotgun shells) and gave them to the officer. As far as we have been able to, determine, these visits are made by people who are not from the surrounding areas. It is a most difficult situation to police, especially with the amount of land involved. In another incident occuring last weekend, a friend of mine was riding on the road and was confronted by two hunters coming out of the forest with shotguns and hounds. She immediately informed them that this was not the area to be hunting or shoot- ing and alerted them to the children playing just a few yards away. They seemed ignorant of the fact that no hunting was allowed. They never thought that a stray bullet (which can travel for up to mile) might possibly find its way into some Page Two His Worship Mayor G. B. Rickard i January 27, 1983 unsuspecting person or that it might frighten the horse she was riding on the roadway. In light of this, my husband and I would propose that you discuss this matter at your next council meeting and suggest that appropriate signs might be posted on the roadways bord- ering the Forestry station. Although this will not stop these occurences altogether, it might help to deter would-be hunters from using these lands as a hunting haven and at the same time' endangering other people and livestock. It would make them visibly aware of this restriction and perhaps encourage some of them to enquire as to proper hunting areas. Thank you for you kind consideration in this matter. Yours truly, cs (Mrs. ) Catherine Sampson C.C. Mr. Sam Cureatz, M.P. P. for Durham East THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LIIW NO. 75-29 Being a By-law to prohibit and regulate the diaoharge of guns or other firearms, air guns and spring guns in the Town of Newoastle. WHMEAS Section 354 (1) (30) of the Muni.oipal Aot 1970, R. B. 0., Chapter 284, authorizes the Counoil of a Town to pass by-laws for prohibiting or regulating the dieoharge of guns or other firearms, air guns and spring guns or any olaae or type thereof In the munioipality in any defined area or areas thereof; AND WHMFAS the Couuoil of the Corporation of the Town of Newoastle deems it desirable to exsroise the said power to the extent hereinafter provided; NOW THEREFOU BP IT ENACTED and it is hereby enacted as a by-law of the Corporation of the Town of Newoaatle by the Counoil thereof as follows; 1. Esoept as otherwise provided by the express provisions of this by-law, no person shell disoharge awl gun, firoa=9 41r gun or spring gun in The Town of Newoaatle. 2. Notwithstanding the provisions of Seotion 1 of this by-law, (a) The owners and 000upiers of land used for farm purposes and designated in the applioable zoning by-law as agxioultural, open spaoe or undeveloped land, may diaoharge a shotgun or rifle of no greater oalibre than .275 for the oontrol of pests upon land owned or occupied by the person so disobarging the shotgun or rifle, provided that no shot or bullet shall pass over the boundary of the land so owned or oocypied; (b) A Bunter, having in his possession, all neoeaaary lioensee required by the Provinoe of Ontario, Dominion of Canada and Town of Newoastle to permit hiss to hunt and to oarry and discharge such gun, may disobarge a shotgun or rifle of no � ester oalibre than .275 upon the lands desoribed in olause ta-) above, provided that he has the written oonsent of the owner or oocupier of the said land, which oonsent bears a date not more than one year prior to the date of the disohargo of the sa-d shotgun or rifle, and which oonaent is available on the person disoharging the said shotgun or rifle, for inspeotion by arW person requesting inepeotion of the same. i 2 - r (o) A person may discharge a gun or other firearm in the course of a shooting competition or practice, provided that such shooting competition or practice has been approved by a resolution of the Corporation of tho Town of Newcastle, and provided further that such competition or practice complies with any terms or conditions upon which such approval has been granted, and provided further that a copy of the resolution of the Council of the Corporation of the Town of Newcastle, granting such approval, is available for inspection at the site of the competition or practice by auy 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 upon a shooting range, the location of which has: been approved by resolution of the Council of the Corporation of the Town 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 wW person requesting inspection of the same. (e) A person may discharge a firearm or gun upon 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 performanoe of his duties as such Peace Officer. 4. The provisions of this by-law shall not apply to prohibit the discharge of a gun or firearm by any Animal Control Officer employed by a municipality or gr'.-ernment, provided such discharge takes place in the performance of his duties as such Animal Control Officer. �. Schedule "A" hereto annexed foxmn part of this by-law. 6. Every person who contravenes any provision in this by-law shall be guilty of an offence and liable upon conviction to the penalty of not lose than $100.00 or more than #300.00, exclusive of costs. t - 3 - f 7. The following by-lawn or parts of by-laws are hereby repealed: By-law No. 666 of the former Villago of Newcastle, passed on Ootober 14, 1952. By-law No. 1736 of the farmer Town of Bowmauville, passed on September 144 1959• Any or all other by-laws or parts of by-laws of the former Town Of Bowmauville, Village of Newcastle, Township of Clarke and Township of Darlington, inconsistent with the provisions of this Bar-law, be and the sauce are hereby repealed. s � � Read a first and second time this. . . .��. .day of .. . ..�r. !.:a:�:. 0975• Mayor Clerk Read a third time and finally passed this. /.: 'day Of ;. ;�.. . I , 1975• Mayor Clerk SCHEDULE "All TO BY-LAW NO, 75-24 TO. Huntera name Addresa Telephone No. This letter is your authority to enter mar/our Property located on Lot Concession in the Geographic Townahip of , Town of Newcastle, Region of Durham, for the purpose of hunting. This authority is granted on condition that you will idemnify and save harmless the undersigned and the owners and occupiers of the property above described against any loss or damage suffered as the result of your entry upon the property or as the result Of your hunting thereon and will idemnify and save harmless the undersigned and the owners and occupier of the above property for any claim for loss or damage which may be made against them by reason of any act or thing done by you while on the above property. It is further understood and agreed that the permission hereby granted may be revoked by the undersigned at arty time and, if so revoked, this letter will be returned to the undersigned. OcouPier's name Address I(we) agree to the terms and conditions set out above and undertake to indemnify anA save harmless the owners and occupiers of the above described err✓ land as above provided. Thintnr_ Resident_ complains, about hunting ,on tr � property rn�n � y B MICHAELBARRIS y f you are hunting within 50 yards of Times Staff the fence and the�fence into the east and Bow VILLE — Ontario natural you `fire west, I don't see anything resources officials say hunting is not it- dangerous about that,"he said., legal at an Orono forestry station—not- "On Crown Lands,we°are supposed to withstanding a local resident's claim that provide hunting chances." her horses are being endangered by gun.- Most of them are "well4nformed and toting marksmen. responsible hunters who know where to Catherine :Sampson, of RR•2, Orono, find game e whose farm is next to the ministry of We have people working out there and have never had an incident where we felt natural resources forestry station near our people were in jeopardy." schonsM Road,wanted Newcastle coup- Arnie O'Donnell,a management officer it to post No.Hunting signs to "deter. with the Fish and Wildlife division of the l,'would be hunters from using.these lands natural resources ministry,says licensed as a hunting haven and endangering other hunting is allowed all year oh the stations' people and livestock." non-plantation lands. I Hunters on the station recently fired But"if any of the shots were fired at the 1,shotguns "only -50' yards from our house and endangering property, they fenceline,.frightening our valuable horses, could be charged with careless hunting," causing them to bolt,"Sampson wrote m a O'Connell said.Violators of the Game and letter to council. Fish Act face up to five years'suspension In.another incident Sampson's friend of their.licence and fines totalling as much was riding her horse on the road"and was as$500,he said. ,,confronted by two hunters coming out of No charges have been.laid recently the forest with shotguns and hounds. against hunters on.the statibn property, The Forestry station includes 400 acres O'Donnell added. t reserved for seedling trees for reforestra- Newcastle council' decided to refer tion projects and about 800 acres of forest Sam son's letter to staff for a report. which can be°;used for hunting,..said Sampson could not be reache for carri- nursery superintendantaWilliam Bunting. invent.