Town of Asquith

Bylaw No. 2-2017

A Bylaw to Regulate the use of Firearms and Fireworks within the Boundaries of the Town of Asquith

The Council of the Town of Asquith in the Province of Saskatchewan enacts as follows:

Short Title

1. This Bylaw may be cited as “The Firearms and Fireworks Bylaw”.

Purpose

2. The Purpose of this Bylaw is to regulate the use of firearms and fireworks in the Town of Asquith.

Definitions

3. Whenever in this bylaw, the following words or terms are used, they shall, unless the text otherwise provides, be held to have the following meaning:

1. Council: shall mean the Council of the Town of Asquith.

2. Cross-bow: shall mean a device with a bow and a bowstring mounted on a stock that is designed to propel an arrow, a bolt, a quarrel or any similar projectile on a trajectory guided by a barrel or groove and that is capable of causing serious bodily injury or death to a person.

3. Firearm: shall mean any barrelled weapon from which any shot, bullet or other missile can be discharged and that is capable of causing serious bodily injury or death to a person, and includes anything that can be adapted for use as a firearm. “Firearm” also includes a replica of any barrelled weapon, whether or not it is capable of firing any shot, bullet or missile that is capable of causing serious bodily injury or death to a person.

4. Fire Chief: shall mean the person, or their designate who is appointed to be the head of the Town of Asquith Fire Department.

5. Fireworks: shall mean and include any combustible or explosive composition, or any substance or combination of substances, or article prepared for the purpose of providing a visible or an audible effect by combustion, explosion, deflagration or detonation; and shall include blank cartridges, toy pistols, toy canons or toy guns in which explosives are used; firecrackers, torpedoes, sky rockets, roman candles, daygo bombs, sparklers or other fireworks of like construction and any fireworks containing any explosive or flammable compound; or any tablets or other devices containing any explosive or flammable substance.

6. Minor: shall mean a person under the age of eighteen (18).

7. Pest Control Officer: shall mean a person appointed by Council to trap, hunt and dispose of any pest animals.

8. Sling Shot: means a Y-shaped implement with a loop of elastic fastened to the ends of the two prongs, used for shooting stones or other small missiles.

Regulations

4. a) No person shall discharge any gun or other firearm, cross-bow, sling shot or any other device that is designated for or capable of discharging projectiles within the Town of Asquith except a Peace Officer as defined in the Criminal Code of Canada or the Pest Control Officer appointed by Council.

b) No person shall carry any gun or other firearm within the Town of Asquith, while same is loaded except a Peace Officer as defined in the Criminal Code of Canada.

c) No person shall carry any gun or other firearm within the Town of Asquith, while same is visible to the public except a Peace Office as defined in the Criminal Code of Canada.

d) The manufacture of fireworks is prohibited within the Town of Asquith.

e) No minor shall be in possession of fireworks.

f) Except as hereunder provided, it shall be unlawful and an offense for any person to use or discharge any fireworks in the Town of Asquith unless a Special Permit, attached hereto as Schedule A, has been purchased from the Town of Asquith for a fee of twenty ($20.00) dollars at least forty-eight (48) hours prior to the display. Every such display shall be handled by a competent operator approved by the Fire Chief or their designate.

g) All permits issued pursuant to this Bylaw shall be subject to such conditions, restrictions and provisions as the Town may consider necessary and expedient to incorporate therein.

8. Upon receiving a permit, which is not transferable, all fireworks approved shall be used as set out in the permit for the event specified. Any fireworks that remain unused or unfired after the display is concluded shall be immediately disposed of in a safe manner.

8. The business or organization responsible for setting off of high hazard fireworks shall carry liability insurance in the amount of two million ($2,000,000.00) dollars.

8. Each retail outlet offering fireworks for sale within the Town must display a sign stating that discharge of fireworks is prohibited within the Town limits unless a Special Permit has been purchased from the Town of Asquith.

k) If fireworks permit is approved, the Asquith Fire Department must be contacted and

the fireworks must be set off at the Asquith Sport Grounds. All refuse or

garbage that is left after the fireworks must be cleaned up.

Offences and Penalties

5. A person who contravenes any of the provisions of subsections of this bylaw or fails to comply therewith or with any of this bylaw or fails to comply therewith or with any notice or order given thereunder shall be guilty of an offence and upon conviction, shall be liable to penalties as follows:

1. Section 4(a) $125.00

Section 4(b) $125.00

Section 4(c) $125.00

Section 4(d) $125.00

Section 4(e) $125.00

Section 4(f) $125.00

Section 4(g) $125.00

Section 4(h) $125.00

Section 4(i) $125.00

Section 4(j) $125.00

Section 4(k) $125.00

2. If the penalties prescribed in subsection (a) are voluntarily paid within thirty (30) days of the date of the offence to the Town of Asquith, the penalty shall be reduced to $75.00.

c) If the penalties prescribed in subsection (a) are not paid within thirty (30) days of the date of the offence, an Information may be laid and a Summons issued. Thereafter, voluntary payment may be made before the returnable date of the Summons to the Town of Asquith. Upon such payment, the person charged shall not be subject to further court action.

d) The Notice of Violation shall be as Appendix “B” attached to and forming part of this bylaw.

6. This bylaw shall come into force and effect upon final passing by the Council of the Town of Asquith.

Mayor

S E A L

CAO

Read a third time and adopted this 10th day of May, 2017.

Schedule “A”

The Town of Asquith Special Permit

Permission is hereby granted in accordance with the provisions of the

Town of Asquith Firearms and Fireworks Bylaw No. 2-2017 to:

Name of Person/Organization: ___________________________________________

Address and Telephone Number: __________________________________

_____________________________________________________________

For the discharging or fireworks on the _________ day of ______________,

20_____ from ____________AM/PM to _______________AM/PM at

(location) _____________________________________________________

_____________________________________________________________

Proof of Liability Insurance received(High Hazard Fireworks):_________________

$20.00 fee collected:____________________________________________

Issued at the Town of Asquith this ________ day of ________________,

20 _________.

Signature of Designated Officer

The Town of Asquith accepts no responsibility

for liability or costs incurred as a result of

authorizing this permit.

THIS PERMIT IS NOT TRANSFERABLE

SCHEDULE "B"

NOTICE OF VIOLATION

NOTICE OF VIOLATION

TOWN OF ASQUITH

AVOID PROSECUTION BY PAYING PROMPTLY

Name of Violator

Address and Postal Code

Date Issued (Year, Month, Day, Time)

License Number

Violation: Bylaw No. 2-2017

Description of Violation:

Location of Violation:

You are charged with violation of Bylaw No. 2-2017, Section(s)________

Penalty $________ OR/ Reduced penalty if payment made within seven (7) days of issue date $________

Penalty to be paid during regular business hours or by mail at the municipal office of

TOWN OF ASQUITH

If payment is not made within the time set out above, you shall be liable to prosecution and upon summary conviction you shall be liable to the penalty provided under section ________ of said Bylaw.

ISSUER ________________________________________ Ticket Number #___________________