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BYLAW 3-2014
Page 1 of 9
BYLAW 3-2014
(CONSOLIDATED ON July 4, 2017)
A BYLAW OF STRATHCONA COUNTY IN THE PROVINCE OF ALBERTA TO
PROHIBIT THE DISCHARGE AND USE OF FIREARMS AND WEAPONS WITHIN
DESIGNATED AREAS OF STRATHCONA COUNTY.
WHEREAS the Municipal Government Act, R.S.A 2000, c. M-26, provides that a
Council of a municipality may pass bylaws respecting the safety, health and welfare
of people and the protection of people and property;
AND WHEREAS the Municipal Government Act provides that a Council of a
municipality may pass bylaws respecting people, activities and things in, on or near
a public place or place that is open to the public;
AND WHEREAS the Municipal Government Act provides that a Council of a
municipality may pass bylaws respecting the enforcement of bylaws made under
the Municipal Government Act or any other enactment including any or all of the
matters listed therein;
NOW THEREFORE THE COUNCIL OF STRATHCONA COUNTY in the Province of
Alberta, duly assembled, enacts as follows:
SECTION 1 - SHORT TITLE
1.
This Bylaw may be cited as "The Firearm Control Bylaw".
SECTION 2 - DEFINITIONS
2.
In this Bylaw:
2.1
"Council" means the Council of Strathcona County;
2.2
"County" means Strathcona County;
2.3
"County Bylaw Enforcement Officer" means a person appointed as
such by the Chief Commissioner pursuant to the Municipal
Government Act, to enforce the County Bylaws, and includes a
member of the Royal Canadian Mounted Police and, when authorized,
a Peace Officer.
2.4
"County Land Use Bylaw" means Strathcona County Land Use
Bylaw as amended or replaced from time to time;
(S.2, Bylaw 40-2017, July 4, 2017)
BYLAW 3-2014
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2.5
"County Pest Inspector" means a person appointed as such by the
Chief Commissioner pursuant to the Agricultural Pests Act, R.S.A.
2000, c. A-8;
2.6
"Damage Control Licence" means a licence issued by a Fish and
Wildlife Division office, provided to qualified personnel that provide
legal authority to hunt or trap nuisance wildlife in an attempt to
minimize damage to private property.
2.7
"Firearm" means a Firearm as defined in the Criminal Code of
Canada, R.S.C. 1985, c. C-46, as amended or repealed and replaced
from time to time;
2.8
"Firearm Discharge Licence" means a licence issued by a County
Pest Inspector to allow a Person to control Problem Wildlife on their
private property;
2.9
"Muzzle Loading Rifle" means a rifled bore or smooth bore firearm
designed to be loaded from the muzzle and uses black powder or
pyrodex as a propellant;
2.10 "Problem Wildlife" means any bird or animal that is defined as
wildlife in the Wildlife Act, RSA 2000, c. W-10, as revised from time to
time, and which is destroying or harming or is likely to destroy or
harm any land, livestock or property within the County;
2.11 "Rural Hamlet Boundaries Area" means the area defined within the
Strathcona Rural Hamlet Boundaries Bylaw 40-2009 of Antler Lake,
Ardrossan, Collingwood Cove, Half Moon Lake, Hastings Lake,
Josephburg, North Cooking Lake and South Cooking Lake, as set out
in Schedule "A" attached to and forming part of this Bylaw;
(S.3, Bylaw 4-2017, July 4, 2017)
2.12 "Shotgun" means a smooth bore or rifled bore firearm designed to
fire pellets or slugs;
2.13 "Special Control Area" means the area set out in Schedule "A"
attached to and forming part of this Bylaw;
(S.4, Bylaw 4-2017, July 4, 2017)
2.14 "Urban Service Area" means that area within the boundaries of the
Hamlet of Sherwood Park as declared by Ministerial Order No. 761/95
dated December 6, 1995, or as expanded by Ministerial Order or by
Bylaw or resolution of Council from time to time, as set out in
Schedule "A" attached to and forming part of this Bylaw;
BYLAW 3-2014
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(S.5, Bylaw 4-2017, July 4, 2017)
2.15 "Weapon" means any device other than a firearm that propels a
projectile by means of an explosion, spring, air, gas, string, wire or
elastic material or any combination of those things.
SECTION 3 - EXEMPTIONS
3.
This Bylaw shall not apply to:
3.1
A County Pest Inspector or County Bylaw Enforcement Officer
appointed by Council, who may be required to use or discharge a
Firearm or Weapon in the operation of their duties as such Inspector
or Bylaw Enforcement Officer;
3.2
A person who uses or discharges a Firearm or a Weapon at a shooting
range or gun club or any similar facility which is designed and
operated in accordance with the County Land Use Bylaw and all
federal, provincial and municipal laws and regulations.
SECTION 4 - DISCHARGE LICENCE
4.1
An Owner or Occupant may apply for a Firearm Discharge Licence in
person to a County Pest Inspector.
4.2
Upon receipt of an application for a Firearm Discharge Licence, a
County Pest Inspector will inspect the property where the applicant
intends to discharge the Firearm or Weapon.
4.3
Upon completion of the inspection, the County Pest Inspector may, in
his sole and absolute discretion grant a Firearm Discharge Licence or
grant a Firearm Discharge Licence upon such additional terms and
conditions as the County Pest Inspector deems necessary to ensure
the property control of Problem Wildlife.
4.4
A County Pest Inspector may refuse to grant a Firearm Discharge
Licence if the applicant:
4.4.1 free-ranges poultry;
4.4.2 does not take all other reasonable measure to manage Problem
Wildlife;
4.4.3 does not have a Damage Control Licence when one is required.
4.5
A Firearm Discharge Licence shall not be transferable.
4.6
Firearm Discharge Licences issued pursuant to this Bylaw are valid for
such period of time as shall be determined and set by the County Pest
BYLAW 3-2014
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Inspector and the Firearm Discharge Licence shall have endorsed
thereon the period of time for which the said Licence is valid.
4.7
A County Pest Inspector, in his sole and absolute discretion, may
terminate, suspend or cancel a Firearm Discharge Licence at any time.
(S.6, Bylaw 40-2017, July 4, 2017)
SECTION 5 - OFFENCES
5.1
Subject only to the exemptions set out in Section 3 of this Bylaw; no
person shall use or discharge a Firearm or a Weapon on any land
owned by the County.
5.2
Unless otherwise permitted as set out in sub-section 5.2.1 or 5.2.2, no
person shall use or discharge a Firearm or a Weapon within the Urban
Service Area, the Special Control Area or the Rural Hamlet Boundaries
Area.
5.2.1 Within the Urban Service Area, the Special Control Area and
the Rural Hamlet Boundaries Area a person may use or
discharge a Shotgun if:
i)
they have a valid Firearm Discharge Licence from the
County; and
ii)
they are on land they own or lease; and
iii)
the purpose is to control Problem Wildlife.
5.2.2 Subject to sub-section 5.2.3, within the Special Control Area,
including any part of the Urban Service Area also within the
Special Control Area, a person may use or discharge a
Shotgun, Muzzle Loading Rifle, Crossbow or Bow and Arrow if:
i)
they have a valid licence from the Minister responsible for
the Wildlife Act; and
ii)
the purpose is to hunt big game or migratory birds, as
defined by the Wildlife Act and the Wildlife Regulation.
5.2.3 Section 5.2.2 does not apply to any part of the Rural Hamlet
Boundaries Area that is also within the Special Control Area.
5.3
No person shall use or discharge a Firearm or a Weapon within 183
meters of any occupied building, or cause a projectile from a Firearm;
or a Weapon to pass within 183 metres of any occupied building.
BYLAW 3-2014
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5.4
Section 5.3 does not apply if:
i)
the occupied building is on land outside of the Urban Service
Area, the Special Control Area and the Rural Hamlet
Boundaries Area; and
ii)
the occupied building is on land the person owns or leases, or
the person has permission from the owner or lessor of the
land.
(S.7, Bylaw 40-2017, July 4, 2017)
SECTION 6 - PENALTIES
6.1
Any person who contravenes any provisions of this Bylaw is guilty of
an offence and is liable to penalty as set out in Schedule "B" herein.
6.2
Notwithstanding Section 6.1 of this Bylaw, any person who commits a
second or subsequent offence under this Bylaw within one (1) year of
committing the first offence may be liable to a fine of not less nor
more than the sum as set out in Schedule "B" of this Bylaw.
6.3
Under no circumstances shall any Person contravening any provision
of this Bylaw be subject to the penalty of imprisonment.
6.4
Where a contravention of this Bylaw is of a continuing nature, the
County Bylaw Enforcement Officer may issue further Violation Tags,
provided that no more than one Violation Tag shall be issued for each
day that the contravention continues.
6.5
Where a Violation Tag is issued pursuant to this Bylaw, the Person to
whom the Violation Tag is issued may, in lieu of being prosecuted for
the offence, pay to the County the penalty specified on the Violation
Tag.
6.6
Nothing in this Bylaw shall prevent a County Bylaw Enforcement
Officer from immediately issuing a Violation Ticket for the mandatory
Court appearance of any Person who contravenes any provision of this
Bylaw.
BYLAW 3-2014
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SECTION 7 - VIOLATION TAGS
7.1
A County Bylaw Enforcement Officer is hereby authorized and
empowered to issue a Violation Tag to any person who the County
Bylaw Enforcement Officer has reasonable and probably grounds to
believe has contravened any provision of this Bylaw.
7.2
A Violation Tag may be issued to such person:
7.2.1 either personally, or
7.2.2 by mailing a copy to such person at his last known post office
address.
7.3
The Violation Tag shall be in a form approved by the Chief
Commissioner and shall state:
7.3.1 the name of the person;
7.3.2 the offence;
7.3.3 the appropriate penalty for the offence as set out in this Bylaw;
7.3.4 that the penalty shall be paid within thirty (30) days of the
issuance of the Violation Tag;
7.3.5 any other information as may be required by the Chief
Commissioner.
7.4
Where a contravention of this Bylaw is of a continuing nature, the
County Bylaw Enforcement Officer may issue further Violation Tags,
provided that no more than one Violation Tag shall be issued for each
day that the contravention continues.
7.5
Where a Violation Tag is issued pursuant to this Bylaw, the Person to
whom the Violation Tag is issued may, in lieu of being prosecuted for
the offence, pay to the County the penalty specified on the Violation
Tag.
7.6
Nothing in this Bylaw shall prevent a County Bylaw Enforcement
Officer from immediately issuing a Violation Ticket for the mandatory
Court appearance of any Person who contravenes any provision of this
Bylaw.
SECTION 8 - VIOLATION TICKET
8.1
If the penalty specified on a Violation Tag is not paid within the
prescribed time period then a County Bylaw Enforcement Officer is
hereby authorized and empowered to issue a Violation Ticket pursuant
to Part II of the Provincial Offences Procedure Act, RSA 2000, c. P-34.
8.2
Notwithstanding Section 7.1 of this Bylaw, a County Bylaw
Enforcement Officer is hereby authorized and empowered to
BYLAW 3-2014
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immediately issue a Violation Ticket pursuant to Part II of the
Provincial Offences Procedure Act, RSA 2000, c. P-34, as amended, to
any person who the County Bylaw Enforcement Officer has reasonable
grounds to believe has contravened any provision of this Bylaw.
SECTION 9 - SEVERABILITY PROVISION
9.1
Should any provision of this Bylaw be invalid, then such provision shall
be severed and the remaining Bylaw shall be maintained.
SECTION 10 - REPEAL & EFFECTIVE DATE
10.1 This Bylaw hereby repeals Bylaw 11-2007.
10.2 This Bylaw shall come into force and effect upon approval of the
Minister responsible for the Wildlife Act and upon the date of third
reading and being signed.
NOTE: Consolidation made under Section 69 of the Municipal Government Act,
R.S.A. 2000, c.M-26 and Bylaw 21-2015 Section 8, and printed under the Chief
Commissioner's authority.
Bylaw 3-2014, passed by Council July 8, 2014
Amendments
Bylaw 40-2017, July 4, 2017
BYLAW 3-2014
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BYLAW 3-2014
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SCHEDULE "B"
PENALTIES
OFFENCE
SECTION
PENALTY
Discharge Firearm or Weapon -
On County Land
5.1
$250.00
In Urban Service Area
5.2
$250.00
In Rural Hamlet Boundaries Area
(S.8, Bylaw 40-2017, July 4,
2017)
5.2
$250.00
In Special Control Area
5.2
$250.00
Discharge a Firearm or Weapon
or cause a projectile from a
Firearm or Weapon to pass
within 183 meters of an
Occupied Building
5.3
$350.00
Second or subsequent Offence
within one year
6.2
Double the above