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THE CORPORATION OF THE CITY OF THUNDER
BAY
BY-LAW NUMBER 046-2012
A By-law to permit the hunting of deer by means of bow
and arrow in certain areas of the City of Thunder Bay.
Recitals
1. The Municipal Act, 2001, S.O. 2001 c.25, as amended, provides that a single tier
municipality may pass by-laws respecting animals and regulating the discharge of
cross-bows, long-bows or any other weapon.
2. The Council of the Corporation considers it in the public interest to regulate the
hunting of deer by means of a bow and arrow on privately owned lands within
Thunder Bay. Excessive Deer populations contribute to the destruction of private and
public property, to the unpredictable and aggressive behaviour ofDeer which
increases the opportunity for motor vehicle collisions involving Deer, and to the
spread of infectious diseases among Deer and wildlife and human beings.
ACCORDINGLY, THE COUNCIL OF THE CORPORATION OF THE CITY OF
THUNDER BAY ENACTS AS FOLLOWS:
1. Definitions:
Whenever a word is used in this By-law with its first letter capitalized,
the term is being used as it is defined in the lettered clauses in this
Section 1. Where any word appears in ordinary case, its regularly
applied meaning in the English language is intended.
(a) "Arrow" means a shafted projectile designed to be shot from a bow.
(b) "Bow" means any archery weapon designed to store energy in its
limbs and release or to transfer this energy to an arrow, launching and
propelling the arrow forward toward a designated target.
(c) "By-law" means this by-law, as amended from time to time.
(d) "Corporation" means The Corporation of the City ofThunder Bay.
(e) "Deer" means white-tailed deer.
(f) "Officer" means any person duly appointed to enforce the provisions
of this By-law. The term includes any member of the Thunder Bay
Police Service and any duly appointed municipal law enforcement
officer.
(g) "Owner" includes
i) the registered owner of the land,
ii) the person for the time being managing or receiving the
rent of the land or premises in connection with which the
word is used,
iii) the lessee or tenant of the land,
iv) the occupant of the land, or
v) the licensee of the land.
(h) "Rural or Semi-rural" means, when referring to land, land
designated as "RUl-Rural Area Zone" or "RU2-Rural Residential Zone"
pursuant to the provisions of the Corporation's Zoning By-law.
(i) "Thunder Bay" means the geographic area under the jurisdiction of
the Corporation.
2. Interpretation Rules:
(a) Wherever this By-law refers to a person or thing with reference to
gender or the gender neutral, the intention is to read the By-law with the
gender applicable to the circumstances.
(b) References to items in the plural include the singular, as applicable.
(c) The words "include" "includes" "includino" or "included" are not
'
'
b'
to be read as limiting the phrases or descriptions that precede or follow
them.
(d) The prohibition of any activity includes the actual doing of the
activity, and also the causing, permitting or allowing that activity to be
done by another person, or through inaction.
3. Severability:
If any section, clause or provision of this By-law, including anything contained in the
schedules hereto, is for any reason declared by a court of competent jurisdiction to be
invalid, the same shall not affect 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 the remaining sections, clauses and
provisions of this By-law shall remain in full force and effect, notwithstanding that
one or more provisions thereof shall have been declared to be invalid.
4. Hunting Deer:
(a) Notwithstanding any provisions of Chapter 893 entitled FIREARM
WEAPON-DISCHARGE of the Corporation's Municipal Code, a person
may hunt Deer in Thunder Bay ifhe
i)
hunts only on Rural and Semi-rural privately owned
lands located within the boundaries set out on
Schedule "A" attached to and forming part of this
By-law,
ii) hunts only during the hunting season prescribed
by the Province of Ontario,
iii) hunts only while in possession of a valid hunting
license issued by the Province of Ontario,
iv) hunts only with a Bow and Arrow, as prescribed
by the Province of Ontario,
v) hunts only from a tree stand or other similar stand
no lower than 3 metres in height,
vi) does not discharge a Bow and Arrow within 75
metres of a dwelling or of a highway,
vii) baits the Deer only during the period from
November 1 to December 15 in the year,
viii) has received the prior consent in writing,
aa) of the Owner of the privately owned land
where he is hunting, and
bb) of every Owner of privately owned lands
which are located within a radius of seventy
five (75) metres of the tree stand or other
similar stand.
cc) does not field dress the Deer or dispose of
the remains or carcass of the Deer on the
lands where he is hunting without the prior
consent in writing of the owner of these lands.
(b) No person shall hunt Deer in Thunder Bay except in full compliance
with the requirements and conditions set out in this By-law.
5. Disposal
No person shall dispose of the remains or the carcass of a Deer within a
road allowance or on lands owned by the Corporation.
6. Conflict
In the event of a conflict between the provisions of this By-law and the provisions of
Chapter 893 entitled FIREARM-WEAPON-DISCHARGE of the Corporation's
Municipal Code, the provisions of this By-law shall prevail.
7. Short Title:
This By-law may be referred to as the "Deer Hunting By-law".
8. Offences and Penalties:
(a) Every person who contravenes any provisions of this By-law is guilty
of an offence.
(b) Every person who interferes with an Officer in the lawful conduct of
his duty in enforcing this By-law is guilty of an offence.
(c) Every person who is convicted of an offence under this By-law is
liable to a fine as provided for in the Provincial Offences Act, R.S.O.
1990, c P.33, as amended.
9. Effect:
This By-law shall come into force and take effect on the date it is passed.
Enacted and passed this 14th day of May, A.D. 2012 as witnessed by the Seal of the
Corporation and the hands of its proper Officers.
Ken Boshcoff
Acting Mayor
Linda Smith
Deputy City Clerk