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4097 To regulate the discharge of firearms and bows in the Town of TillsonburgTHE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NUMBER 4097 A BY-LAW to regulate the discharge of firearms and bows in the Town of Tillsonburg. WHEREAS subsection 5(3) of the Municipal Act, 2001, S.O. 2001, c. 25, as amended the "Municipal Act'), provides that municipal powers shall be exercised by by-law; AND WHEREAS the Municipal Act, S.O. 2001, Chapter 25, as amended, section 119, authorizes a local municipality, for the purpose of public safety, to prohibit or regulate the discharge of guns or other firearms, air -guns, spring -guns, crossbows, long -bows or any other firearm. AND WHEREAS the Town may enact by-law provisions that (without limitation) create offences, impose fines, authorize orders to achieve compliance or discontinue contraventions, authorize inspections, authorize remedial work and provide for the collection of remediation costs, pursuant to Part XIV of the Municipal Act, including sections 425, 429, 435 - 438, 441.1 and 444 - 446; NOW THEREFORE Council hereby enacts the following: E-9**AIIf] ZKI SCOPE OF BY-LAW 1.1 SHORT TITLE This By-law, as amended from time to time, shall be known as the "Discharge of Firearms By -Law" 1.2 INTENT AND SCOPE The purpose of this By-law is to regulate the discharge of guns or other firearms, air - guns, spring guns, paint ball guns or markers, crossbows, long bows or any other firearm. 1.3 CONTENT OF BY-LAW All references in this By-law to sections, requirements, exceptions, tables, figures, schedules and maps, refer to those in this By-law unless otherwise 'indicated. Headings given in this By-law are for convenience only, and do not form part of this By-law. 1.4 RELATION TO OTHER GOVERNMENT REQUIREMENTS (COMPLIANCE WITH OTHER REGULATIONS) This By-law shall not be construed so as to reduce or mitigate restrictions or requirements that are lawfully imposed by the Town or by any governmental authority. Without limiting the foregoing, compliance with this By-law does not relieve any person from complying with by-laws enacted by the County of Oxford or other By-laws enacted by the Town; SECTION 2 DEFINITIONS AND INTERPRETATION 2.1 DEFINITIONS The terms set out below shall have the following meanings in this By-law: Animal Control Officer" means any person designated or contracted as an Animal Control Officer by the Town of Tillsonburg. Bow" means a longbow, compound bow, re -curve bow, or any class thereof, or cross -bow Council" means the Municipal Council of the Corporation of the Town of Tillsonburg. Educational Institution" means any educational institution under the jurisdiction of the Ministry of Education or the Ministry of Colleges and Universities; a non-profit institution licensed or recognized by or under an Act of Parliament or the legislature of a province to provide pre-school, elementary, secondary or post -secondary education; and a non-profit institution that is directed or controlled by a board of education regulated by or under an Act of the legislature of a province and that provides continuing, professional or vocational education or training and includes an outdoor area when in use for instructional or recreational purposes by an education institution, whether or not adjacent to a building Firearm" means a barrelled weapon from which any shot, bullet or other projectile can be discharged and that is capable of causing serious bodily injury or death, and includes air -guns, spring -guns, pellet gun or paint ball gun. Indoor Paintball Facility" means an enclosed structure that is designed for the purpose of conducting paintball gun activities. Law Enforcement Officer" includes a Police Officer, a Provincial Offences Officer and Municipal Law Enforcement Officer. Sling Shot" means a sling or sling shot or any device designed to propel a projectile. Target Archery Facility" means an enclosed structure that is designed for the purpose of conducting archery activities. Target Gun Range Facility" means an enclosed structure that is designed for the purpose of firing firearms at targets. Municipal Act" means the Municipal Act, 2001, S.O. 2001, c. 25, as amended. Owner" a registered owner of land, or any Person in control of land including without limitation) a lessee or an occupant thereof. 2 Person" means an individual, firm, corporation, association or partnership. SECTION 3 GENERAL PROHIBITIONS 3.1 Discharge within Town of Tillsonburg Limits a) No person shall discharge a firearm, bow, or sling shot within the limits of the Town of Tillsonburg except as provided for in Section 4. b) No owner or occupier of property shall permit the discharge of a firearm or bow within the limits of the Town of Tillsonburg except as provided for in Section 4. c) No person, owner or occupier of property shall fail to ensure that projectile (s) discharged from the firearm, bow, or sling shot will not leave the property where the discharge took place. d) No person shall obstruct a Law Enforcement Officer while such Law Enforcement Officer is engaged in his or her duties under this By -Law. SECTION 4 EXEMPTIONS 4.1 Exemption- Location This By -Law shall not apply when firearm (s), sling shot, or bow discharge occurs: a) Within an Indoor Paintball Facility b) Within an Indoor Archery Facility c) Within an Indoor Gun Range Facility d) Within an Educational Institution e) During a military funeral proceeding 4.2 Exemption- Law Enforcement Officers This By -Law shall not apply to Law Enforcement Officers while such Law Enforcement Officer is engaged in his or her duties. 4.3 Exemption- Animal Control Officer This By -Law shall not apply to Animal Control Officers while such Animal Control Officer is engaged in his her duties as contracted or required by the Town of Tillsonburg. SECTION 5 ADMINISTRATION AND ENFORCEMENT 5.1 Subject to sections 435 and 437 of the Municipal Act, including the provision of notice to an occupant of land when required, and production of the Officer's identification when requested, an Officer may enter land or a Building at any reasonable time for the purpose of carrying out an inspection to determine whether or not the following 3 are being complied with: a) this By-law; SECTION 6 OFFENCES, PENALTY AND FINE RECOVERY 6.1 Subject to subsection 16.2, any person who contravenes a provision of this By-law, and an officer or director of a corporation in the event of a contravention by a corporation, is guilty of an offence and upon conviction is liable to a fine or penalty as follows: a) for a first offence, a minimum of $250.00 and a maximum of $5,000.00; b) for a second offence, a maximum of $15,000.00; and c) for a third or subsequent offence, a maximum of $30,000.00. 6.2 If this by-law is contravened and a conviction entered, in addition to any other remedy and to any penalty imposed by the by-law, the court in which the conviction has been entered and any court of competent jurisdiction thereafter may make an order, a) prohibiting the continuation or repetition of the offence by the person convicted; and b) requiring the person convicted to correct the contravention in the manner and within the period that the court considers appropriate. 6.3 Pursuant to section 441 of the Municipal Act, if any part of a fine for a contravention of this by-law remains unpaid after the fine becomes due and payable under section 66 of the Provincial Offences Act, R.S.O. 1990, c. P.33, as amended, including any extension of time for payment ordered under that section, the Town may give the person against whom the fine was imposed a written notice specifying the amount of the fine payable and the final date on which it is payable, which shall be not less than twenty one (2 1) days after the date of the notice. Axt>iEel zN SEVERABILITY 7.1 In the event any section or sections of this By-law or parts of it are found by a Court to be illegal or exceed the power of the Council to enact, such section, or sections, or parts thereof shall be deemed to be severable and all other sections, or parts of this By-law shall be deemed to be separate and independent and shall continue in full force. 4 3 SECTION 8 1=1J dAIkvj:vJ_%12 8.1 THAT By -Law 2296, passed on the 16th day of April, 1985, to prohibit and regulate the use and discharge of firearms is hereby repealed. 8.2 This By -Law shall take effect on the date of its final passage by Council. READ A FIRST AND SECOND TIME THIS 10th DAY OF April, 2017 READZTHIRND FINAL TIME AND PASSED THIS 10th DAY OF April, 2017 May r `— Stephen Molnar Town Clerk — Donna Wilson 5