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HomeMy WebLinkAboutCLD-58-02 ~ ~kJgton REPORT CLERK'S DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Report #: CLD-58-02 File#:Col 6$- 7?/-{);Z By-law #: c2COCJ.--cz.O';;~ Date: December 2, 2002 Subject: AMENDMENT TO MUNICIPAL FIREARMS BY.LAW RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report CLD-58-02 be received; and 2. THAT the by-law attached to Report CLD-58-02 to amend By-law 2001-52 be forwarded to Council for approval. Submitted by: d ~~ --::, {.01.c Reviewed by: Franklin Wu, Chief Administrative Officer PLB'LC'ct CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-6506 1109 -' REPORT NO,: CLD-5S-02 PAGE 2 of 2 BACKGROUND AND COMMENT The Municipality's Firearms By-law establishes setbacks for the discharge of firearms and defines firearms that are regulated within the by-law. Recent incidents have brought to light deficiencies in the by-law which need to be addressed. Staff have received complaints from members of the public using the municipal trails. Hunters have been discharging their firearms adjacent to and in one case across one of the municipal trails. While there are issues of careless use of a firearm which are police matters, there is also the problem of restricting firearms away from the various trails in the Municipality. As Council is aware the Waterfront Trail runs east to west near the shore of Lake Ontario. In some sections however the trail is set significantly north of the shoreline thus placing it outside the 300 metre setback from the high water mark. In the north, the Oakridge's Trail runs along unopened road allowances. Given the effective range of hunting rifles, staff are suggesting a setback from the trails of 300 metres. Also, staff have received complaints concerning the use of paintball guns near residential and commercial properties. The guns have a short effective range but the damage to property from the paintballs exploding on impact can be significant. Staff is therefore recommending that they be restricted in the same manner as any other firearm. This is most easily accomplished by amending the definition of firearm in the by-law to include paintball guns. 10 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW2002- Being a by-law to amend By-]aw 2001-52, being a By-]aw to prohibit and regulate the discharge of guns or other firearms, air-guns, spring-guns, cross-hows, long-bows in the Municipality of Clarington WHEREAS Section 2]0(36) of the Municipa] 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 in the municipality; AND WHEREAS the Corporation of the Municipa]ity of Cia ring ton deems it advisable to amend By-law 2001-52; NOW THEREFORE the Council of the Corporation of the Municipa]ity of Clarington enacts as follows: 1. Subsection 1 (g) is deleted in its entirety and is replaced with the following: l(g) "firearm" includes firearm as defined in section 2 of the Criminal Code R.S.C. 1985 c. C-46, as amended and includes any air-gun, spring-gun, crossbow, long bow, compound bow and an air gun capable of discharging capsules of paint or a similar material. 2. Section I is further amended by adding the following: (r) "approved walking or hiking trail" means any trail system approved or authorized by municipal Council. 3. Subsection 2(1) is amended by adding thereto the following: (e) three hundred metres from any portion of an approved walking or hiking trail. By-law read a first and second time this day of ,2002 By-law read a third time and finally passed this day of ,2002 MAYOR MUNICIPAL CLERK 11