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THE CORPORATION OF THE
TOWNSHIP OF ASPHODEL-NORWOOD
BY-LAW NO. 2020-50
Being a By-law to prohibit and regulate certain noises within the
Township of Asphodel-Norwood
Whereas Section 128 of the Municipal Act, 2001, S.O. 2001, authorizes a local
municipality to prohibit and regulate with respect to public nuisances, including
matters that, in the opinion of Council, are or could become or cause public
nuisances; and
Whereas Section 129 of the Municipal Act, 2001, S.O. 2001, authorizes a local
municipality to prohibit and regulate with respect to noise, vibration, odor, dust and
outdoor illumination, including indoor lighting that can be seen outdoors; and
Whereas the residents of a municipality should be ensured an environment free
from unusual, unnecessary, or excessive noise which may degrade the quality and
tranquility of their lives or cause a nuisance and;
Whereas the Council of The Township of Asphodel-Norwood deems it expedient
to pass a by-law to regulate noise.
Now Therefore the Council of the Corporation of Township of Asphodel-
Norwood enacts as follows:
1.1
Short Title
This By-law may be referred to as the Noise By-law.
1.2
Definitions
a) "Corporation" means the Corporation of the Township of Asphodel-
Norwood.
b) "Council" means the Council of the Corporation of the Township of
Asphodel-Norwood.
c) "Municipality" means the land within the geographic limit of the
Municipality of the Township of Asphodel-Norwood.
d) "Unnecessary Noise" means noise that is of such loud volume or
continuous duration that it creates a nuisance, or is likely to disturb the
inhabitants of any premises and without limiting the generality of the
foregoing, includes the following:
a) The noise from or created by any radio, television, electronic device
or any musical or sound production instrument when such device is
played or operated in such a manner or with such volume as to
disturb the inhabitants of any dwelling;
b) The noise made by any domestic animal including a persistently
barking or howling dog and not limited to time of day.
e) "Person" includes a corporation.
f) "Emergency Vehicle" means a police car, ambulance, fire truck, or other
vehicle and/or water craft responding to an emergency call pursuant to a
call for service.
g) "Point of Reception" means any premises or property of a person where
noise is received.
1.3 Unnecessary Noise Prohibited
a) No person shall cause or permit any unnecessary noise within the
municipality that creates a disturbance at the point of reception.
b) No person shall operate a lawn mower, chain saw or other similar
motorized device between the hours of 10:00PM any day to 7:00AM of the
following day, if such operation causes unnecessary noise.
c) The noise made by any domestic animal including a persistently barking
or howling dog and not limited to time of day.
1.4 Exemptions for Emergency Measures and Public Safety
Notwithstanding any other provisions of this By-law, this By-law shall not apply
to any person who causes or permits the making of noise in connection with
emergency measures undertaken for the immediate health, safety or welfare of
the inhabitants of the municipality or for the preservation or restoration of
property.
1.5 Exemption of Activities
Notwithstanding any other provisions of this by-law, this by-law shall not apply
to any person who causes or permits the making of noise in connection with the
following activities:
a) Any parade or event for ceremonial, religious or traditional purposes that
have been authorized or endorsed by Council;
b) Any use of bells or chimes normally associated with activities within a
place of worship;
c) Any carnival, festival, midway or circus authorized or endorsed by Council;
d) Any sporting, recreational, musical entertainment, or other event or
performance in municipal parks or municipal buildings authorized or
endorsed by Council;
e) Any detonation of fireworks authorized or endorsed by Council;
f) Any activities of the Corporation or its employees or agents, associated
with the provision of maintenance and essential services;
g) Any normal noise that emanates from an Industrial zone as defined in the
Township of Asphodel-Norwood Zoning By-law that results from an
essential part of the industrial process that is established on the property
from which the noise originated;
h) Any normal noise that emanates from a Commercial zone as defined in
the Township of Asphodel-Norwood Zoning By-law that results from an
essential part of the commercial process that is established on the
property from which the noise originated.
1.6 Grant of Exemption by Council
Notwithstanding any other provision of this by-law, any person may make an
application to council to be granted an exemption from any provision of this
by-law with respect to any source of noise for which the person might be in
violation of this by-law. Council, by resolution, may grant or refuse to grant any
exemption, or may grant an exemption on terms other than those sought by
the applicant. Any exemption granted by Council shall specify the time period
and date during which it is effective and may contain such terms and
conditions as Council sees fit.
The application shall be made in writing and shall contain:
a) The name and address and contact information of the applicant;
b) A description of the noise in respect of which the exemption is sought; and
c) The period of time and date for which the exemption is sought
1.7 Validity
Should any section, subsection, clause, paragraph or provision of this By-
law be declared by a Court of competent jurisdiction to be invalid or illegal
for any other reason, such offending section or part shall be deemed to have
been severed from this By-law and the remaining sections or parts shall
continue in full force and effect and shall remain valid and binding.
1.8 Existing By-law Repeal
That By-law No. 2013-63 is hereby repealed effective on the date of the
passing of this By-law.
1.9 Enforcement and Offences and Penalties
a) Every person who contravenes any provisions of the By-law is guilty of an
offense and is liable to a penalty provides for under the Provincial
Offences Act.
1.10 Effective Date
The provisions of this By-law shall come into full force and effect upon the
third reading hereof.
Read a first, second, and third time, and finally passed this 20th day of
October.
Mayor, Roger Bonneau
Clerk, Candice White
<Original signed by>
<Original signed by>
Schedule "A"
TOWNSHIP OF ASPHODEL-NORWOOD BY-LAW NO. 2020-50
SCHEDULE "A"
SET FINES
Being a By-law to prohibit and regulate certain noises within the
Township of Asphodel-Norwood.
Part 1 Provincial Offences Act
ITEM
Short Form
Wording
Column 2
Provision
Defining Offence
Set Fine
(including costs)
1
Cause or allow
unnecessary noise
1.3 (a)
$150.00
2
Operate
Lawnmower or
other device
outside prescribed
time
1.3 (b)
$150.00
3
Allow domestic
animal to cause
unnecessary noise
1.3 (c)
$150.00
Note: The penalty provision for the offences indicated above is Section 61 of the
Provincial Offences Act, R.S.O. 1990, c. P.33