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THE CORPORATION OF THE CITY OF TEMISKAMING SHORES
BY-LAW NO. 2009-081
BEING A BY-LAW TO REGULATE AND CONTROL
THE DISCHARGE OF FIREARMS
WITHIN THE CITY OF TEMISKAMING SHORES.
WHEREAS the Council of the Corporation of the City of Temiskaming Shores at its
Regular Council / Committee of the Whole Meeting acknowledged receipt of
Supplemental Administrative Report PDS-011-01-2009 and passed a resolution
authorizing staff to submit the final draft by-law to Control the Discharge of Firearms
within the City of Temiskaming Shores for Council's consideration of First and Second
Readings;
AND WHEREAS under Section 8 of the Municipal Act, 2001, S.O. 2001, c. 25, as
amended, the powers of a municipality shall be interpreted broadly to enable it to govern
its affairs as it considers appropriate and to enhance the municipality's ability to respond
to municipal issues;
AND WHEREAS under Section 9 of the Municipal Act, 2001, S.O. 2001, c. 25, as
amended, a municipality has the capacity, rights, powers and privileges of a natural
person for the purpose of exercising its authority under this or any other Act;
AND WHEREAS under Section 10 (1) of the Municipal Act, 2001, S.O. 2001, c. 25, as
amended, a single-tier municipality may provide any service or thing that the municipality
considers necessary or desirable for the public;
AND WHEREAS under Section 10 (2) 6 of the Municipal Act, 2001, S.O. 2001, c. 25, as
amended, provides that a municipality may pass by-laws with respect to matters of
health, safety and well-being of persons;
AND WHEREAS Section 119 of the Municipal Act, S.O. 2001, c. 25, as amended,
provides that a municipality may for the purpose of public safety, prohibit or regulate the
discharge of guns or other firearms, air-guns, spring-guns, cross-bows, long bows or any
other weapon;
AND WHEREAS Section 425(1) of the Municipal Act, S.O. 2001, c. 25, as amended,
provides that a municipality may pass by-laws providing that a person who contravenes
a by-law of the municipality passed under the Act is guilty of an offence;
AND WHEREAS Section 429(1) of the Municipal Act, S.O. 2001, c. 25, as amended,
provides that a municipality may establish a system of fines for offences under a by-law
of the municipality passed under the Act;
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NOW THEREFORE the Council of The Corporation of the City of Temiskaming Shores
hereby enacts the following as a by-law:
1.
That Council adopts a by-law to regulate and control the discharge of firearms
within the City identified as Schedule "A", attached hereto and forming part of this
by-law;
2.
That all by-laws respecting firearms and the discharge of firearms enacted by the
former Town of Haileybury (more specifically By-law 1907-71 and By-law 2000-
78), the former Town of New Liskeard, and the former Township of Dymond, and
amendments thereto, are hereby repealed.
3.
That the Clerk of the City of Temiskaming Shores is hereby authorized to make
minor modifications or corrections of a grammatical or typographical nature to the
by-law and schedule, after the passage of this by-law, where such modifications
or corrections do not alter the intent of the by-law.
4.
That this by-Law shall come into force and take effect on the date of its final
passing.
Read a FIRST and SECOND time this 7th day of July, 2009.
_________________________
Mayor
_________________________
Clerk
Read a THIRD time and FINALLY passed this 16th day of March, 2010.
_________________________
Mayor
_________________________
Clerk
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THE CORPORATION OF THE CITY OF TEMISKAMING SHORES
SCHEDULE "A" TO BY-LAW NO. 2009-081
BEING A BY-LAW TO REGULATE AND CONTROL THE DISCHARGE OF
FIREARMS WITHIN THE CITY OF TEMISKAMING SHORES
INDEX
PART 1 - GENERAL PROVISIONS
SECTION
E
1.1
Short Title
5
1.2
Scope
5
1.3
Enforcement
5
1.4
Conflicts with other By-law
5
PART 2 - DEFINITIONS
SECTION
E
2.1
Agent
5
2.2
Agent of the City
5
2.3
By-law Enforcement Officer
5
2.4
City
5
2.5
Conservation Officer
5
2.6
Council
6
2.7
Firearm
6
2.8
Fish and Wildlife Conservation Act
6
2.9
Livestock, Poultry and Honey Bee Protection Act
6
2.10
Municipality
6
2.11
Non Restrictive Zone
6
2.12
Permitted Firearm
6
2.13
Person
6
2.14
Police Officer
6
2.15
Prohibited Zone
6
2.16
Provincial Offences Act
6
2.17
Shotgun Only Zone
6
3
PART 3 - REGULATIONS
SECTION
E
3.1
Prohibition
6
3.2
Shotgun Only Zone Exception
6
3.3
Non Restrictive Zone Exception
6
PART 4 - EXCEMPTIONS
SECTION
PAGE
4.1
Police Officer, Conservation Officer, Agent of the City
7
4.2
Land Owner or Agents
7
4.3
Trapper
7
4.4
Indoor Archery
7
PART 5 - PENALTIES
SECTION
E
5.1
General Penalties
7
PART 6 - VALIDITY
SECTION
E
6.1
Validity of By-law
8
APPENDICES
APPENDIX
E
1
Set Fines for By-law 2009-081
9
2
Zone Map
10
4
5
PART 1
GENERAL PROVISIONS
SECTION
1.1
Short Title
This By-Law shall be cited as the "Firearms By-law".
1.2
Scope
The provisions of this By-law shall apply to all property within the geographic
limits of the City, except where other wise provided.
1.3
Enforcement
This By-law shall be enforced by a By-law Enforcement Officer or Police
Officer.
1.4
Conflicts with other by-law
Where a provision of this By-law conflicts with a provision of another by-law
in force in the City, the provisions that establishes the higher standard in
terms of protecting the health, safety and welfare of the general public and
the environmental well being of the municipality, shall prevails to the extent
of the conflict.
PART 2
DEFINITIONS
Definitions of words, phrases and terms used in this By-law that are not included in the
list of definitions in this section shall have the meanings which are commonly assigned
to them in the context in which they are used in this By-law.
The words, phrases and terms defined in this section have the following meaning for the
purposes of this By-law.
SECTION
2.1
"Agent" means an agent pursuant to the Fish and Wildlife Conservation Act
S.O. 1997, c. 41, Section 31 as amended and Ontario Regulation 665/98,
Section 132 as amended.
2.2
"Agent of the Municipality" means an individual duly appointed by Council
whose responsibilities relate to wildlife control.
2.3
"By-law Enforcement Officer" means the person or persons duly
appointed by Council as Municipal Law Enforcement Officers for the
purpose of enforcing regulatory by-laws of the City.
2.4
"City" means the Corporation of the City of Temiskaming Shores.
2.5
"Conservation Officer" means a conservation officer under the Fish and
Wildlife Conservation Act.
2.6
"Council" means the Municipal Council of the City of Temiskaming Shores.
2.7
"Firearm" means any type of gun or other firearms, shotgun, rifle, air-gun,
pellet gun, spring gun, cross-bow, long-bow, compound bow or any class or
type thereof or anything that can be adapted for use as a firearm.
2.8
"Fish and Wildlife Conservation Act" means the Fish and Wildlife
Conservation Act, S.O. 1997, c. 41 as amended.
2.9
"Livestock, Poultry and Honey Bee Protection Act" means the
Livestock, Poultry and Honey Bee Protection Act, R.S.O. 1990, c. L 24 as
amended.
2.10
"Municipality" means the land within the geographic limit of the City.
2.11
"Non Restrictive Zone" means the area in the municipality identified as
such in Appendix "2" attached hereto and forming part of this Schedule.
2.12
"Permitted Firearm" means a shotgun, air-gun, pellet gun, spring gun,
cross-bow, long-bow or compound bow.
2.13
"Person" means an individual, firm or corporation.
2.14
"Police Officer" means a member of the Ontario Provincial Police Service.
2.15
"Prohibited Zone" means the area in the municipality identified as such in
Appendix "2" attached hereto and forming part of this Schedule.
2.16
"Provincial Offences Act" means the Provincial Offences Act, R.S.O.
1990, c. P.33, as amended.
2.17
"Shotgun Only Zone" means the area in the municipality identified as such
in Appendix "2" attached hereto and forming part of this Schedule.
PART 3
REGULATIONS
SECTION
3.1
No person shall discharge a firearm within the municipality.
3.2
Notwithstanding Section 3.1, no person shall be permitted to discharge a
permitted firearm on those properties located in the Shotgun Only Zone
identified in Appendix "2" attached hereto and forming part of this
Schedule, unless such a person has oral or written permission from the
owner of the property.
3.3
Notwithstanding Section 3.1, no person shall be permitted to discharge a
firearm on those properties located in the Non Restrictive Zone identified
in Appendix "2" attached hereto and forming part of this Schedule, unless
such a person has oral or written permission from the owner of the
property.
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PART 4
EXEMPTIONS
SECTION
4.1
The provisions of this by-law shall not apply to a Police Officer,
Conservation Officer or Agent of the Municipality during the lawful
execution of their duties.
4.2
Except within the Prohibited Zone, the provisions of this by-law shall not
apply to a person or an agent used by the person, provided that the
discharge of the firearm takes place within the confines of property owned
by the person and the discharge of the firearm is for the sole purpose of
dealing with wildlife under the terms prescribed by Section 31 of the Fish
and Wildlife Conservation Act, or dogs under Section 2 of the Livestock,
Poultry and Honey Bee Act.
4.3
The provisions of this by-law shall not apply to a licensed trapper while
engaged in trapping activities upon property which he/she owns or upon
which he/she has permission from the owner to trap.
4.4
The provisions of this by-law shall not apply to persons engaged in indoor
archery.
PART 5
PENALTIES
SECTION
5.1
General Penalties
Any person who contravenes, suffers or permits any act or thing to be
done in contravention of, or neglects to do or refrains from doing anything
required to be done pursuant to any provisions of this By-law or any permit
or order issued pursuant thereto, commits an offence and except where
specifically provided in Appendix "1", shall be liable to a fine of not more
than $5,000.00.
Where an offense is a continuing offence, each day that the offence is
continued shall constitute a separate and distinct offence.
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PART 6
VALIDITY
SECTION
6.1
Validity of By-law
If any section, clause, or provision of this By-law, is for any reason
declared by a court of competent jurisdiction to be invalid, the same shall
not effect the validity of the By-law as a whole or any part thereof, other
than the section, clause or provision so declared to be invalid and it is
hereby declared to be the intention that all remaining sections, clauses or
provisions of this By-law shall remain in full force and effect until repealed,
notwithstanding that one or more provisions thereof shall have been
declared to be invalid.
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9
THE CORPORATION OF THE CITY OF TEMISKAMING SHORES
Appendix "1" OF Schedule "A"
TO FIREARMS BY-LAW NO. 2009-081
PART 1 PROVINCIAL OFFENCES ACT
SET FINES
Item
COLUMN 1
Short form wording
COLUMN 2
Offence creating provision
or Defining offence
COLUMN 3
Set fine
1
Discharge a firearm within
prohibited zone.
Sch. A, section 3.1
$200.00
2
Discharge a firearm on
private property (shotgun
only zone) without
permission from owner of
such property.
Sch. A, section 3.2
$200.00
3
Discharge a firearm on
private property (non-
restrictive zone) without
permission from owner of
such property.
Sch. A, section 3.3
$200.00
Note: The general penalty provision for the offences listed above is Schedule A
section 5.1 of By-law No. 2009-081 a certified copy of which has been filed.
10