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HomeMy WebLinkAboutCAO 01-10 Cary Report To EXECUTIVE COMMITTEE PICKERING Report Number: CAO 01-10 Date: February 8, 2010 01 From: Andrew C. Allison City Solicitor Subject: Proposed Firearms By-law File: L-2000-001-10 Recommendations: 1. That staff be directed to solicit input from stakeholders and the public regarding the draft Firearms By-law included as Attachment 1 to this report; and 2. That upon the completion of a consultation process, staff report back to Council with recommendations regarding a final Firearms By-law. Executive Summary: As part of the review of all municipal regulatory by-laws and in direct response to questions raised by members of Council, Municipal Law Enforcement Services has prepared a revised by-law regulating the discharge of firearms and bows within the City of Pickering. This draft by-law clarifies the restrictions relating to bows, adopts the existing by-law's prohibited firearms area with some minor modifications, and implements some basic restrictions relating to the discharge of firearms in areas where discharges are permitted. Staff are seeking approval from Council to solicit comments from stakeholders such as the Ontario Federation of Anglers & Hunters, the Pickering Rod & Gun Club, individuals who have expressed a desire to participate in the review process, and the general public. Financial Implications: No financial implications. Sustainability Implications: The regulation of the use of firearms and bows reduces the risk of dangerous unintentional interactions between persons discharging firearms and members of the community who are using the off-road trails and green spaces. Background: The existing Firearms By-law was passed in 1975. It needs to be updated. Report CAO 01-10 February 8, 2010 Subject: Draft Firearms By-law Page 2 02 The existing Firearms By-law prohibits the use of firearms throughout urban Pickering, south of Taunton Rd. From Taunton Road north and west of Brock Road, firearms are generally-prohibited with the exception of areas between Taunton Rd and Whitevale Rd. In order to provide clear guidelines, these pockets of permitted firearms use have been eliminated in the draft by-law. The area along Taunton Road is now significantly more utilized as compared to when the by-law was passed (1975), with Taunton Road now a major commuter corridor. Eliminating these pockets also creates a clear boundary along Brock Road. The prohibited area has also been extended to include the area east of Brock Road between the 5th Concession and Highway 7 surrounding Greenwood. The existing Firearms By-law contains provisions regulating the use of firearms, but no provisions clearly pertaining to the use of bows. It has been interpreted to include cross-bows as firearms, thereby prohibiting their use in areas where firearms are prohibited. This interpretation continues in the proposed by-law through a clear definition of "bows". The draft by-law proposes to regulate the following defined areas: 1. Urban Area, in which the discharge of both firearms and bows are prohibited; 2. Restricted Area, which is generally consistent with the previous by-law, and provides for an exemption for agricultural uses as outlined below; and 3. Permitted Area, which closely resembles the area in the existing by-law where the use of firearms and bows is permitted. The draft by-law provides an exemption for the discharge of firearms in the Restricted Area on farm properties that are at least 10 acres in size if the discharge is for the purpose of protection of property from nuisance wildlife and the person discharging the firearm is the owner of the property or a licensed hunter or trapper with the written permission of the owner. This will allow agricultural properties to continue to manage nuisance wildlife. The draft by-law includes provisions regulating the use of firearms and bows in the Permitted Area on City property or within 100 m of any school, church, community centre, conservation area or park. It also prohibits the discharge of firearms and bows within 100 metres of any dwelling or within 10 metres of a highway. Written permission from the owner of the property is required to be carried at all times when utilizing firearms or bows where permitted. In summary, the proposed Firearms By-law maintains the existing by-law's restrictions, incorporates ,a minor expansion of the prohibited area, and provides clear definitions and regulations lacking in the existing by-law. The exemption provided for agricultural properties addresses issues relating to nuisance wildlife control. CORP0227-07/01 revised Report CAO 01-10 February 8, 2010 Subject: Draft Firearms By-law Page .3 03 Soliciting comments from stakeholders and the general public can provide valuable information to assist Council when dealing with the issues relating to the discharge of firearms and bows in the City. Staff will therefore provide a copy of the proposed Firearms By-law to the Ontario Federation of Anglers & Hunters, the Pickering Rod and Gun Club, and individuals who have requested that they be provided an opportunity to review the proposed by-law. In addition, a community page ad will be placed indicating that the draft by-law is available on the City's website or for pick up at the Clerk's Office. All comments will be requested to be submitted in writing by March 31, 2010 to the Manager, By-law Enforcement Services. Attachments: 1. Draft Firearms By-law. 2. Map from By-Law 247/75. Prepared By: Approved/Endorsed By: ~r . IICA n Ki4bl Thompson Debbie Shields, Manager, By-law Enforcement Services City Clerk Andrew C. Allison City Solicitor Copy: Chief Administrative Officer Recommended for the consideration of Pickering City Cou it Thomas J. Qui , RDM III Chief Administrative Officer CORP0227-07/01 revised ATTACHMENT NO. 1 O THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. /10 Being a by-law to regulate the' discharge of firearms and bows WHEREAS pursuant to section 119.of the Municipal Act, 2001, a local 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. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY.OF PICKERING HEREBY ENACTS AS FOLLOWS: PART 1 INTERPRETATION Definitions 1. In this by-law; "bow" means a long-bow, compound bow, re-curve bow, cross-bow, or any other class of bow; "City" means The Corporation of the City of Pickering or the geographical area of Pickering, as the context requires; "community recreation centre" means a facility owned. by the.City used by the general public for recreational or other community activities; "dwelling" means a residential unit that is capable of being occupied on a permanent, seasonal or part-time basis; "firearm" means any barreled weapon from which any shot, bullet, or other projectile can be discharged by means of rimfire or centrefire ammunition, and includes, but is not limited to, rifles, air guns and pellet guns; "highway" has the same meaning as in subsection 1(1) of the Highway Traffic Act and includes all roads, streets, lanes, unopened and assumed road allowances;. "owner" means the person identified in the most recent tax roll as the owner of a property, or a lessee, tenant, mortgagee in possession or any other person who has care and control of.a property; "park" means a recreational area for use by the general public and includes a sports field., passive park area, playground, or any other City owned greenspace; "Permitted Area" means the area identified as such in Schedule "A"; Firearms By-law Page 2 05 .person" includes an individual, a corporation and the heirs, executors, administrators or other legal representatives of a person to whom the context can apply according to law; "property" means.a parcel of land and any buildings or structures on the land, and includes a portion of the property; "Restricted Area" means the area identified as such in Schedule "A", "school" includes an elementary school, a secondary school, a community college or university, and any private school; and "Urban Area" means the portion of the City south of and including Taunton Road. References 2. In this by-law, reference to any Act, regulation or by-law is reference to that Act, regulation or by-law as it is amended or re-enacted from time to time. 3. References:in this by-law to a Part, section or schedule are to a Part, section and schedule in this by-law. Word Usage 4. This by-law shall be read with all changes in gender or number as the context may require. 5. A grammatical variation of a word or expression defined has a corresponding meaning. Schedule 6. Schedule "A" (DEFINED AREAS) is attached to and forms part of this by-law. Conflicts 7. If a provision of this by-law conflicts with a provision of any applicable Act, regulation or by-law, the provision that establishes the higher or more restrictive standard to protect the health, safety and welfare of the general public shall prevail. Severability 8. Each section of this by-law is an independent section, and the holding of any section or part of any section of this by-law to be void or ineffective for any reason shall not be deemed to affect the validity of any other section or parts of sections of this by-law. Firearms By-law Page 3 06 PART II - REGULATIONS Urban Area 9. No person shall discharge a firearm or a bow in the Urban Area. 10. No owner of a property in the Urban Area shall permit the discharge of a firearm or a bow on such property. Restricted Area 11. No person shall discharge a bow in the Restricted Area. 12. No owner of a property in the Restricted Area shall permit the discharge of a bow on such property. 13. No person shall discharge a firearm in the Restricted Area unless all of the following conditions have been met: (i) the person discharging the firearm is the owner of the property, or a licensed hunter or trapper with the written permission of such owner; (ii) the property is classified under the Assessment Act in the Farm Property Class; (iii) the property is a minimum of 10 acres (4.05 hectares) in size; (iv) the discharge is for the purposes of protection of property from nuisance wildlife that may be killed or harassed in accordance with applicable provincial and federal legislation; and (v) the firearm's caliber is not greater than .275. 14. No owner of a property in the Restricted Area shall, permit the discharge of a firearm on such property unless all of the conditions set out in section 13 have been met. Permitted Area 15. No person-shall discharge a firearm or a bow in the Permitted Area, (a) on any property owned by the City; (b) within 100 metres of any school, place of worship; day nursery, community recreation centre, conservation area or park; Firearms By-law Page 4 07 (c) within 100 metres of any dwelling, other than a dwelling owned by the person discharging the firearm; (d) within 10 metres of any highway; (e) unless the person is the owner of the property; or (f) unless the person has received written permission from the' owner of the property and carries such permission on his or her person at all times while on the property. 16. No owner of a property in the Permitted Area shall permit the discharge of a firearm or a bow on such property within, (a) . 100 metres of any school, place of worship, day nursery, community recreation centre, conservation area, or park; (b) 100 metres of any dwelling, other than a dwelling owned by them; or (c) 10 metres of any highway. Exempted Activities 17. None of the prohibitions or restrictions in this Part apply, (a) where the discharge is blank ammunition fired for the purpose of a ceremonial event, historical display or education. program, theatrical, film or television production, sporting event, or the training of animals; (b) where the discharge is within an indoor paint ball' facility operating in accordance with approved zoning and site plan regulations; or (c) where the discharge is within a shooting range or a firearms business, the use and location of which is in compliance with applicable zoning and building requirements and any other applicable federal, provincial and municipal laws. Exempted Individuals 18. None of the prohibitions or restrictions in this Part apply to the following persons in the performance of their duties: (a) a police officer, (b) an animal control officer, conservation officer, or an inspector or agent of the Ontario Society for the Prevention of Cruelty to Animals; or Firearms By-law Page 5 (c) any officer appointed to enforce federal or provincial legislation. PART III - ENFORCEMENT AND PENALTIES Enforcement 19. In this Part, "officer" means a police officer, municipal law enforcement officer, conservation officer, or any other officer appointed to enforce provincial or federal legislation. 20. This by-law maybe enforced by any officer. 21. An officer may, at any reasonable time, enter upon any property for the purpose of determining whether or not the provisions of this by-law have been complied with. 22. No person shall prevent, hinder or interfere or attempt. to prevent, hinder or interfere with an officer. Offences and Penalties 23. No person permitted under this by-law to discharge a firearm or bow shall permit the projectile discharged to leave the property from where the discharge took place. I 24. Every person who contravenes any provision of this by-law is guilty of an offence and upon conviction is liable to a fine pursuant to the provisions.of the Provincial Offences Act. PART IV - GENERAL Other Applicable Laws 25. Nothing in this by-law shall in anyway derogate from any person's responsibility to obtain approvals from any other government authority having jurisdiction over the use of firearms or bows. Short Title 26. This by-law may be referred to as the Firearms By-law". Repeal 27. By-law No. 247/75, as amended, is repealed. i Firearms By-law Page 6 09 Effective Date .28. This by-law comes into effect on the date of its passing. BY-LAW read a.first,.second and third time and finally passed this day of , 2010. David Ryan, Mayor Debbie Shields, City Clerk TOWN O MARKHAM MARKHAM TOWNLINE 3 6 b C 9 p F S i v~ 8 g - F TOWN AJAX 5 )IN )IN C) 0 z ~ON IOn z y a c a CL A o J O ~p9 - g. TOW OF WHITBY TOWN OF WHITBY ~ E I I I g L J F,. ATTACHMENT NO. 2 ALT Nn , e P'I i a entsnM q F 1 L/ /A RFMONT _ N p i 9 i O ~y 1 I C~ ~G s~{~_ v~~~ ~•I FYI ~ 4 p i 1 ;1~ I : f 1 1 fipg Is 5 a f( 'ER3 I RROU AM vLlt , ~ Jl.~ ~ ~ Y ~ • ~ ' KINSAI E _ _C ) ENWO r: > 1 J `41111 141r;31. 5 - 6 4f I ~ s C4 ~i nl eLAx)M~a l .r" t F THOSE PORTIONS Of THE CITY OF 1 p I a% ~cv r" r~~~ 2 PICKERINGSHADED ONTHISMAPARE THE PORTIONS OF THE CITY UPON WHICH II l THE DISCHARGE OF ANY FIREARM, ETC. IS ~s ~I Cry T PROHIBITED, UNDER ALL `il L1111 CIRCUMSTANCES. i C y _ THE DISCHARGE OF FIREARMS, ETC. ON E THOSE PORTIONS NOT SHADED IS -yJ---((S"`~~F {{{{~Yr~~~ SUBJECT TO THE RESTRICTIONS CONTAINED IN SECTION 2 OF BYLAW I ~I 3T 247/75, AS AMENDED. lLll Y`