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HomeMy WebLinkAboutCD-19-01 .... .' y , THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON L REPORT MEETING: General Purpose and Administration Committee FIIH (' vi RES. #Ctll-l!ff0/ DATE: Monday, March 26, 2001 REPORT: CD-19-01 BY-LAW #~/- 'j.:L SUBJECT: FIREARMS BY-LAW Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following; 1. THAT Report CD-19-0l be received; 2. THAT the Firearms By-law 92-91 be repealed; 3. THAT the By-law attached to Report CD-19-01 be forwarded to Council for approval; and 4. THAT Sharon Steele, Penny Engelbert and Debbie Armstrong be advised of Council's decision. BACKGROUND: In 1992 Council passed a by-law to regulate the discharge of firearms in the former Town of Newcastle now the Municipality of Clarington. By-law 92-91 regulated where firearms may be discharged, and what type of firearms may be used across the municipality. However since the implementation of By-law 92-91 some citizens have expressed safety concerns regarding the setback distances and type of firearms involved. It has become apparent that some schools, community centers, and churches are on land zoned agriculture or open spaces and therefore the discharge of firearms would be permitted within a close proximity of said areas. If the setback of these areas is increased to three hundred meters the safety concerns of the community would be addressed. At the present time a firearm may not be lawfully discharged if it is within: a) 100 metres from any portion of a parcel of land which is zoned residential land by the zoning by-law; or .../2 JU2 <:-"- . Report CD-19-0l -2- March 26, 2001 b) 50 metres from any portion of a highway if the direction of shot, bullet, bolt or arrow, would intersect or run parallel to aforesaid portion of the highway; or c) 300 metres from the high water mark. d) a firearm cannot be of greater calibre than .275 inches. The safety concern is that in certain areas, high-powered rifles are being used and a 100 metre safety zone should be increased to 300 metres. Concerns have also been raised regarding the discharge of firearms around churches and community centers and that a three hundred meter no discharge zone should also be implemented. Although the only significant proposed changes to the existing by-law are the addition of a 300 metre setback from "public centres" and the amendment of the residential setback from 100 metres to 300 metres, staff believe for ease of understanding it is desirable to replace By-law 92-91 with a new by-law instead of passing individual amendments to the existing one. At this time, it should be noted that the concerns of citizens are not against hunting itself but where the aforementioned activity takes place, notably the area around the Newtonville School. Resolution GPA-380-98 put in place a committee to examine hunting activities in the municipality, and it should also be noted that there was some concern raised by the hunting committee themselves and file #D05.GE states that the setback distance around schools must be re-examined. RECOMMENDATIONS: Staff respectfully recommend that By-law 92-91 be repealed and that the by-law attached to Report CD-19-0l be forwarded to Council for approval. Reviewed by, d ~Q~~ Franklin Wu, M.C.I.P. Chief Administrative Officer PB*LC*bm Attachment 833 #/Report CD-19-01 -3. March 26, 2001 Concerned Parties to be advised of Council decision: Sharon Steele, Penny Engelbert and Debbie Armstrong 4443 Highway 2 Newtonville, Ontario LOA 110 834 . THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2001_ Being a By~law to repeal By-law 92~91. to prohibit and regulate the discharge of guns or other firearms, air-guns, spring-guns, cross-bows, long-bows in the Municipality of Clarington 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 Municipality of Clarioglon deems it desirable to exercise tile said power to the extent hereinafter provided; NOW THEREFORE the Council of The Corporation of the Municipality of Clarington enacts as follows: 1. For the purposes of this By-law the term; (a) "animal services officer" means a person or persons employed or appointed 10 provide animal control services in the Municipality of Crarington; (b) "agricultural land" means those lands zoned for anyone or more agricultural purposes by the Zoning By-raw; (c) "Council" means the Council of the Municipality of Clarington; (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: (1) "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.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 rands within the Municipality of Clarington; (k) "peace officer" has the same meaning as it ahs in the Criminal Code, R.S.C. 1985, c.C-46 as amended; (I) "police officer" has the same meaning as it has in the Ontario Police Services Act, R.S.c. 1990, cP.15; (m) "prohibited firearm" means a firearm as defined in the Criminal Code, R.S.C. 1985, cC-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 Municipality of Clarington By-law 84-63 as amended: and (p) "zoo" means a corporation or person who operates a zoo in accordance with the provisions of the Zoning By-law in the Municipality of Clarington. (q) "public centers" refers to, but is r.ot limited to schools, churches, and community centers. 2.(1) Except as othel"Nise is provided in subsection 2(2) of this By-law no person shall discharge any firearm at any location in the Municipality of Clarington which is within: 835 ;:;"-",-:-:>c.,:';~..j""""';",,,,,::,,''',;;,:',,,:;''.i'-",,,'o.i.',:i, '".-- ;'.-,_,,', .~'-_.- ""'-C'''''''''"'''''''''_'_.'''.__"._ ,c,_ , , (3) a copy of the resolution of the Council and the 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 Ihe Province of Ontario, and (1) 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 Corporation of the Municipality of Clarington; provided that in no case referred to in paragraphs 2(2){a) to (f) inclusive may any person discharge a firearm at any location in the Municipality of Clarington which which is within: (1) three 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; (4) three hundred meters from any public center. 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 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 services oHicer in the lawful execution of his duties; (d) a member of the Canadian Armed Forces in the lawful execution of his duties; and (e) an oHicer 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 Municipality of Clarington. 5. By.law 92-91 of the Corporation of the Municipality of Clarington is hereby repealed. 837