Attachment “H” - TOWN OF VIEW ROYAL BYLAW NO. 1032, 2019 (Regulate Discharge of Firearms and Bows)

SECTION 1: CITATION

1.1 This Bylaw may be known and cited for all purposes as “Firearms and Bow Use Bylaw No. 1032, 2019”.

SECTION 2: DEFINITIONS

2.1 In this Bylaw, unless the context otherwise requires:

BOW means a compound bow, crossbow, long bow, or recurve bow;

CONSERVATION OFFICER means a Conservation Officer as defined in the Environmental Management Act;

ENFORCEMENT OFFICER means a person employed by the Town of View Royal as a Bylaw Enforcement Officer or any member of the West Shore RCMP;

FIREARM means, a rifle, shotgun, handgun, or spring gun, and any device that propels a projectile by means of an explosion, compressed gas or spring but does not include a bow or a starting pistol used in connection with an athletic or sporting event where blank ammunition is used;

OIC means the Officer in Charge of the West Shore RCMP.

STREET means every road, lane, bridge, road allowance, right of way open to public use, and includes the Roadway, Shoulder, Boulevard, Ditch and Sidewalk, but does not include a private right of way on private property;

SECTION 3: EXEMPTIONS

3.1 This Bylaw does not apply to:

3.1.1 a peace officer, a conservation officer under the Wildlife Act, an enforcement officer of the Department of Fisheries and Oceans, an employee of the Canadian Wildlife Service, or a person appointed to enforce the Town’s Animal Control Bylaw, when engaged in the lawful performance of their duties;

3.1.2 land located in the Agricultural Land Reserve where a firearm or bow is discharged for the purpose of:

3.1.2.1 the protection of agricultural crops, livestock, or domestic animals from wildlife; or

3.1.2.2 the humane destruction of livestock; and

3.1.3 2401 Burnside Road West provided the bow is discharged in association with activities supervised by the Victoria Bowmen Archery Club.

Section 4: GENERAL REGULATIONS

4.1 No person shall discharge a firearm or bow except under the authority of a permit issued by the West Shore RCMP in accordance with this Bylaw.

Section 5: ISSUANCE OF PERMITS

5.1 The OIC may issue a permit on terms related to the safety and convenience of the public that the OIC or their designate consider reasonable to:

5.1.1 a person who is the owner, or who is acting under the authority of the owner, of land that is greater than two (2) hectares in area, where the discharge of the firearm or bow is for the purposes of:

5.1.1.1 the protection of agricultural crops, livestock, or domestic animals from wildlife; or 5.1.1.2 the humane destruction of livestock.

SECTION 6: PERMIT APPLICATIONS

6.1 An application for a permit, made to the OIC, shall be in the form prescribed for that purpose, and shall be accompanied by:

6.1.1 an application fee of $25.00; and 6.1.2 where the application is for the discharge of a firearm, evidence of a valid Firearm Possession and Acquisition Licence.

SECTION 7: PERMIT CONDITIONS

7.1 In addition to any terms and conditions imposed pursuant to Section 5 of this Bylaw, it shall be a condition of every permit that:

7.1.1 no firearm or bow may be discharged within 150 metres of a Town park, trail or walkway, highway, place of business, church, school building, school yard or playground, dwelling, farm building occupied by persons or animals, regional district park or any other place at or in which persons are assembled, except as specifically authorized by a permit;

7.1.2 no firearm or bow may be discharged across, along or on a Street;

7.1.3 the permit expires not more than one year from the date of its issuance; and

7.1.4 any other condition(s) deemed appropriate by the OIC.

SECTION 8: GENERAL

8.1 Nothing contained in or permitted in this Bylaw shall abrogate or relieve any obligation of any person pursuant to any applicable provincial or federal act or regulation with regard to the discharge of firearms.

SECTION 9: ENFORCEMENT

9.1 No person shall obstruct an Enforcement Officer in the administration or enforcement of this Bylaw.

9.2 Every person who violates any of the provisions of this Bylaw or who suffers or permits any act or thing to be done in contravention or in violation of any of the provisions of this Bylaw, who neglects to do or refrains from doing anything required to be done by any of the provisions of this Bylaw or who does any act which violates any of the provisions of this Bylaw, is guilty of an offence against this Bylaw and liable to the penalties hereby imposed.

9.3 Each day that a violation continues to exist shall constitute a separate offence.

9.4 Every person who commits an offence against this Bylaw is liable to a fine and penalty of not more than $10,000.00 and not less than $500.00 for each offence, and in default of payment thereof, forthwith or within such time as the presiding Provincial Court Judge of the Peace shall direct the fine imposed shall be recoverable under the provisions of the Offence Act R.S.B.C. 1996, Chapter 338 and all amendments.

SECTION 10: SEVERABILITY

10.1 If any court of competent jurisdiction declares any phrase, sentence, or section of this Bylaw invalid, the invalid portion must be severed and the severance does not affect the validity of the remainder.

READ A FIRST TIME this day of , 2019.

READ A SECOND TIME this day of , 2019.

READ A THIRD TIME this day of , 2019.

FINALLY PASSED AND ADOPTED this day of , 2019.

MAYOR

CORPORATE OFFICER