HomeMy WebLinkAboutBy-law No. 2008-095 - Amend c.745 - GunsBY-LAW NUMBER ~ (~ (~ ~-~ ~-j
OF THE
CORPORATION OF THE CITY OF KITCHENER
(Being a by-law to repeal and replace Chapter 745 of The City
of Kitchener Municipal Code with respect to Guns.)
WHEREAS it is deemed expedient to repeal and replace Chapter 745 of
The City of Kitchener Municipal Code as adopted by By-law 88-100;
NOW THEREFORE the Council of The Corporation of the City of Kitchener
enacts as follows:
1. Definitions
"Gun" shall include any firearm, air gun, spring gun, pellet gun, air soft gun, or paint
ball gun.
"public place" shall mean land or buildings owned, managed, occupied or
maintained by The Corporation of the City of Kitchener and shall include all road
allowances within the City.
2. No person shall discharge any gun within the City.
3. No person shall possess a gun in any park, natural area, or trail owned, managed
or maintained by the City.
4. No person shall possess a gun in a public place unless it is:
(a) contained in an case, container or pouch through which the gun is not
visible; and
(b) unloaded.
5. Section 2 of this by-law shall not apply to the following:
(a) the use or possession of guns by any peace officer in the course of the
performance of his/her duties as such;
(b) the lawful use of guns by a member or guest of a bona fide gun or
conservation club on the premises of such club, provided the premises are
licensed by the Chief Firearms Office of Ontario;
2
(c) the lawful and necessary use of guns for the protection of persons or
property by any person;
(d) the lawful use of guns by the residents of a farm upon the premises of such
farm for the purpose of pest control;
(e) the lawful use of guns by a licensed trapper upon a farm which he/she owns
or upon which he/she has permission from the owner to trap for the purpose
of pest control;
(f) the use of guns by an officer of the Kitchener-Waterloo and North Waterloo
Humane Society holding a valid possession and acquisition licence on the
premises of the Kitchener-Waterloo and North Waterloo Humane Society for
the destruction of sick, diseased, injured or rabid wild animals;
(g) the use of guns by a City poundkeeper holding a valid Possession and
acquisition licence on the premises of the City pound for the destruction sick,
diseased, injured or rabid animals; and
(h) the use of guns by an Inspector or Officer of the Ontario Society for
Prevention of Cruelty to Animals in the course of the performance of his/her
duties for the destruction of sick, diseased, injured, or rabid wild animals or
potentially rabid domestic animals.
6. Sections 3 and 4 of this by-law shall not apply to the following:
(a) the possession of guns by any peace officer in the course of the
performance of his/her duties as such; and
(b) the possession of guns by an Inspector or Officer of the Ontario Society for
Prevention of Cruelty to Animals in the course of the performance of his/her
duties for the destruction of sick, diseased, injured, or rabid wild animals or
potentially rabid domestic animals.
7. A person may make application for an exemption from section 2, 3, and/or 4 of this
by-law by providing the following information to the City's Manager of Licensing:
(a) the nature of the proposed exemption;
(b) a police clearance letter for the person seeking the exemption and any other
relevant persons as determined by the City's Manager of Licensing;
(c) the location of the premises to be used;
(d) the measures to be taken to prevent accidents or damage to persons or
property; and
3
(e) any further information required by the City's Manager of Licensing or
Council.
8. There shall be no fee for an exemption application pursuant to this by-law.
9. Upon receipt of the application of any person, the Council, after having:
(a) consulted and considered any comments provided by the Regional Chief of
Police or his/her delegate, and
(b) having considered the information provided pursuant to this by-law, may
issue an exemption from sections 2, 3, and/or 4 of this by-law for a specific
or general purpose.
10. Council may place conditions upon any exemption granted pursuant to this by-law
for the purpose of safety or to avoid disturbances to people in the City.
11. Every exemption issued pursuant to this by-law is subject to the following
conditions:
(a) all relevant laws and regulations are complied with;
(b) any conditions of the exemption are followed;
(c) any precautions set out in the application for an exemption are followed; and
(d) in the case of a business or a club, that adequate supervision is provided to
ensure that any applicable conditions of the exemption or precautions set
out in the application are followed.
12. An exemption issued by Council pursuant to this by-law is personal to the applicant,
non-transferable, and may be revoked by Council at any time.
13. The onus of establishing that use of a gun under section 5 is lawful and/or
necessary lies on the person using the gun.
14. Nothing in this by-law shall be construed to permit anything prohibited by any
federal or provincial law.
15. Every person who contravenes any provision of this by-law is guilty of an offence
and is liable, upon conviction, to a fine not exceeding Five Thousand Dollars
($5,000), exclusive of costs, for each offence, recoverable under the Provincial
Offences Act.
16. It is hereby declared that each and every of the foregoing sections of this
Chapter is severable and that, if any provisions of this Chapter should for any
4
reason be declared invalid by any Court, it is the intention and desire of Council
that each and every of the then remaining provisions hereof shall remain in full
force and effect.
17. The Clerk of the City is hereby directed to make this by-law a part of The City of
Kitchener Municipal Code by adding it to the concordance and arranging and
numbering it so as to fit within the scheme of the Code.
PASSED at the Council Chambers in the City of Kitchener this ~--~~ day
of , A.D. 2008.
Mayor
Clerk