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.
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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
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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.
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SECTION 8
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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
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