HomeMy Public PortalAbout351-11 RESPECTING FIRE CRACKERS SPRING GUNS AND AIR RIFLES (WARD 1)
FIRE CRACKERS,
SPRING GUNS AND AIR RIFLES BY-LAW
BY-LAW # 351-11
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The Council of the Town of Sussex; under and by authority vested in it by
the Municipalities Act, Section 11 (1) (g) hereby enacts as follows:
I. In this by-Law:
(i) “fire cracker” means fire cracker, sparkler, squib, fire works or
other pyrotechnic device;
(ii) “spring gun” means any spring gun and includes any
instrument or device for projecting missiles by spring pressure
obtained by mechanical means;
(iii) “air rifle” means air rifle, air pistol or air gun and any
instrument or device for projecting missiles by air pressure
obtained by mechanical means;
(iv) “Fire Chief” means the Fire Chief of the Town of Sussex; and
(v) “Police Officer” means:
♦ a member of the Royal Canadian Mounted Police;
♦ a police officer appointed under Section 10, 11, or 17.3 of the
Police Act;
♦ an auxiliary police officer or an auxiliary police constable
appointed under Section 13 of the Police Act, when
accompanied by or under the supervision of a member of the
Royal Canadian Mounted Police.
By-Law # 351-11
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II. No person shall set fire to, discharge or cause to explode any fire
cracker within the Town.
III. Notwithstanding anything contained in Section 2, a person may with
the approval of the Council and under the supervision of the Fire Chief
or his designate, set off or use fireworks within the Town.
IV. No person shall discharge any spring gun, air pistol or air rifle, except
while engaged in target practice carried on exclusively within a
building within the Town.
V. Any police officer may seize any fire cracker, spring gun, air pistol or air
rifle or potato gun used in contravention of this by-law.
VI. The police officer may at any time, after the expiry of thirty (30) days
following a seizure made under authority of Section V, destroy such fire
cracker, spring gun, air pistol or air rifle or potato gun so seized.
VII. PLURAL OR FEMININE TERMS
The use of the terms plural or feminine may apply whenever the
singular, masculine or feminine is used in this by-law. It shall be
considered as if the plural, feminine or masculine has been used where
the context of the party or parties hereto so requires.
By-Law # 351-11
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VIII. PENALTIES
(i) A person who violates any provision of this by-law commits an
offence and is liable, upon conviction, to a penalty under the
Provincial Offences Procedure Act, as a Category D offence.
(ii) The Council hereby designates the Town Treasurer, or his
designate, to accept from a person alleged to have committed an
offence under this by-law, the payment of a sum equal to the
minimum prescribed for such violation as a Category D offence
under the Provincial Offences Procedure Act.
IX. VALIDITY
The invalidity of any section, clause, sentence or provision of this By-
Law shall not affect the validity of any other part of this by-Law which
can be given effect without such invalid part or parts.
X. REPEAL
(i) The repeal of “A By-Law of the Town of Sussex Respecting Fire
Crackers, Spring Guns and Air Rifles, By-Law # 351-04”, shall
not affect any penalty, forfeiture or liability incurred or pending
at the time of repeal, nor shall it repeal, defeat, disturb,
invalidate or prejudicially affect any matter or thing whatsoever
completed, existing or pending at the time of repeal.
By-Law # 351-11
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(ii) The by-Law, A By-Law of the Town of Sussex Respecting Fire
Crackers, Spring Guns and Air Rifles By-Law #351-04, enacted
on the 19th day of July, 2004, and amendments thereto are
hereby repealed.
READ FIRST TIME BY TITLE MAY 16, 2011
READ SECOND TIME BY TITLE MAY 16, 2011
READ IN ENTIRETY MAY 24, 2011
THIRD READING BY TITLE
AND ENACTED JUNE 20, 2011
RALPH A. CARR PAUL I. MAGUIRE
MAYOR TOWN CLERK