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THE CORPORATION OF THE TOWN OF BANCROFT
BY-LAW 52-2023
THE CORPORATION OF THE TOWN OF BANCROFT
BY-LAW NO. 52-2023
Being a By-Law to prohibit and regulate noise within the Town of Bancroft.
WHEREAS Section 129, of The Municipal Act, 2001, S.O. c. 25, provides authority for
municipalities to prohibit and regulate noise;
AND WHEREAS Section 391 of the Municipal Act, S.O. 2001, c.25, authorizes Council to
pass bylaws imposing fees or charges on any class of persons for services or activities
provided or done by or on behalf of it, and for costs payable by it for services or activities
provided or done by or on behalf of any other municipality, or local board;
AND WHEREAS Section 429, subject to subsection (4) of the Municipal Act, 2001,
S.O. 2001, c.25 provides that a municipality may establish a system of fines for offences
under a bylaw of the municipality passed under this Act;
NOW THEREFORE the Municipal Council of the Corporation of the Town of Bancroft
enacts as follows:
1.
DEFINITIONS
1.1. "By-Law Enforcement Officer" or "Officer" means any person appointed by the
Town to enforce its By-Laws.
1.2. "Construction" means the erection, alteration, repair, dismantling, demolition,
structural maintenance, painting, moving, land clearing, earth moving, grading,
excavating, the laying of pipe and conduit whether above or below ground level, street
and highway building, concreting, equipment installation and alteration and structural
installation of construction components and materials in any form or for any purpose,
and includes work in connection therewith.
1.3. "Municipal Clerk" means the Clerk, Acting Clerk or their designate, for the
Corporation of the Town of Bancroft.
1.4. "Person" shall include a natural individual and their heirs, executors,
administrators or other legally appointed representatives, a corporation, partnership,
or other form of business association.
1.5. "Provincial Offences Officer" means a person appointed as such by Council
pursuant to the authority of the Provincial Offences Act and shall also include a police
officer.
1.6. "Time" where any expression of time occurs or where any hour or other period of
time if stated, the time referred to shall be Eastern Standard Time.
2.
GENERAL PROVISIONS
2.1. The Corporation of the Town of Bancroft, its employees, volunteers, and any other
person acting on behalf of the Corporation of the Town of Bancroft shall be exempt from
the provisions of this By-Law.
2.2. No person shall ring or cause the same, any bell, blow or sound any horn, shout,
or permit any unnecessary noise which disturbs any person within the Town of
Bancroft.
2.3. For greater clarity, the following noises or sounds shall be deemed to be
unnecessary noise which may disturb persons, and is not an inclusive list:
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THE CORPORATION OF THE TOWN OF BANCROFT
BY-LAW 52-2023
2.3.1.
The sounding of any bell, horn, siren or other signal device on any motor
vehicle, motorcycle, bicycle, car, or other vehicle of any kind, except when required by law.
2.3.2.
The sounding of any such bell, horn, siren or signal device for an
unnecessary or unreasonable period to time.
2.3.3.
The sounding or noise from or created by any musical or sound-producing
instrument or electronic device of any kind when operated in such manner or with such
volume as to annoy or disturb the peace, quiet, comfort or repose of any individual in any
dwelling house, apartment house, hotel, or other type of residence.
2.3.4.
Any sound made by any animal or bird, under the control of a person, which
disturbs the peace, quiet, comfort or repose of any individual in the neighbourhood.
2.3.5.
The grating, grinding or rattling noise or sound caused by a condition or
disrepair or maladjustment of a motor vehicle, motorcycle, or other vehicle whatsoever or
part or accessory thereof.
2.3.6.
The blowing of any steam or air whistle attached to or used in connection
with any stationary boiler or other machine or mechanism, except for the purpose of giving
notice to workmen of the time to commence or cease work or as a warning of danger.
2.3.7.
The discharge into the open air of the exhaust of any steam engine,
stationary internal combustion engine, motor vehicle or motorcycle, except through a
muffler or other device which effectively prevents loud or explosive noises.
2.3.8.
Any unnecessary noise arising between the hour of 7:00 p.m. of any day
and 7:00 a.m. of the following day from any excavation or construction work whatsoever,
including the erection, demolition, alteration or repair of any building, except in the case of
urgent necessity, or as approved by the Corporation of the Town of Bancroft.
2.3.9.
Any unnecessary noise in the vicinity of any school or court while the same
is in session, provided conspicuous signs are displayed in or upon the streets adjoining
any such school or court, indicating that loud noises are prohibited in the vicinity.
2.3.10.
The noise created by driving any vehicle bearing material, articles or things
which are loaded upon such vehicle in such manner as to create such noise.
2.3.11.
The noise or sound created by the use or operation of any drum, horn, bell,
radio or mechanical loudspeaker, or other instrument or device or sound-producing, or
sound transmitting instrument or apparatus for the purpose of advertising or for attracting
attention to any performance, show or sale of display of goods, wares or merchandise or
which projects noise or sound into any street or other public place.
2.3.12.
The noise or sound created by the use or operation of any radio or
mechanical loudspeaker or amplifier or other instrument or device or sound-
producing/reproducing, sound transmitting instrument or electronic apparatus in or upon
any vehicle except for such time and under such conditions as may be permitted or
prescribed.
2.3.13.
Crying, shouting, or loud speaking in or adjacent to any public street or
place.
2.4.
None of the provisions of this by-law shall apply to:
2.4.1.
The use in a reasonable manner of any apparatus or mechanism for the
amplification of the human voice or of music in a public park or any other commodious
space in connection with any public election meeting, any public celebration or other
reasonable gathering, provided express written permission has been granted by the
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THE CORPORATION OF THE TOWN OF BANCROFT
BY-LAW 52-2023
Corporation of the Town of Bancroft or its Staff.
2.4.2.
Any military or other band or of any parade, operating under written
permission obtained from the Corporation of the Town of Bancroft or its Staff.
2.4.3.
Any peddler, hawker, or petty tradesman in the course of their employment,
when done so legitimately and moderately.
2.4.4.
Any vehicle of the police or fire department, ambulance, public service, or
emergency vehicle while answering a call for service.
2.4.5.
Any sound from any private radio in a motor vehicle, installed for the sole
benefit or entertainment of the operator or occupants of such vehicle, when the same is
not audible at a distance of twenty-five feet from such vehicle.
2.4.6. Any case of public necessity.
2.4.7. The operation of any religious ceremony or gathering.
2.5.
No person shall obstruct or attempt to obstruct the officer or any person
acting under the officer's instructions in the exercise of any power pursuant to this
By-law.
3.
GRANT OF EXEMPTION BY COUNCIL
3.1.
Any person may make a request to Council to be granted an exemption
from any of the provisions of this By-Law with respect any source of noise or vibration
for which they might be prosecuted and Council, by resolution, may deny or grant the
exemption.
3.2.
Any person may request that Council grant an exemption of the provisions
of this bylaw by submitting a request in writing to the Municipal Clerk. The request shall
be included as a business item in the next meeting, which is deemed to be appropriate,
at the discretion of the Municipal Clerk.
3.3.
A breach by the applicant of any of the terms or conditions as set out by
Council shall render the exemption null and void and may result in penalties.
4.
SCHEDULES
4.1. All schedules referred to in this By-Law and attached hereto are deemed to be
part of this By-Law.
5.
ENFORCEMENT PROVISIONS
5.1. This By-Law shall be enforced by the Municipal By-Law Enforcement Officer or
their designate.
6.
ADMINISTRATIVE PENALTIES
6.1. An Officer who finds that a person has contravened any provision of this By-Law
may issue a penalty notice addressed to that person.
6.2. Any person who contravenes any provision of this By-Law, upon issuance of a
penalty notice pursuant to Section 5 of the Administrative Penalty System By-Law 93-
2022, shall be liable to pay to the Municipality an administrative penalty as set out in
Schedule "A"
6.3. The penalty notice shall be given to the person to whom or to which it is
addressed as soon as reasonably practicable and shall include the following
information:
6.3.1. Particulars of the contravention, including to which property it applies;
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THE CORPORATION OF THE TOWN OF BANCROFT
BY-LAW 52-2023
6.3.2. The amount of the administrative penalty; and
6.3.3. A statement advising that an administrative penalty will constitute a debt to
the Municipality.
6.3.4. A person who has been issued a penalty notice shall pay the
administrative penalty within fifteen (15) days from the date the notice was
issued.
6.3.5. An administrative penalty that is deemed to be confirmed constitutes a
debt to the Municipality and may be added to the tax roll of the owner's
property.
7.
SERVICE OF DOCUMENTS
7.1. The Municipality may serve any document under this By-Law, including but not
limited to a penalty notice, personally to the person named on the notice, by registered
or regular mail addressed to the person to whom the document is to be given at the
person's last known address.
7.2. Service by registered or regular mail under subsection 10.1 shall be deemed to
have been made on the fifth day after the day of mailing.
7.3. A person's last known address includes the address provided by the person to
the Municipality as identified in the property tax file.
8.
OFFENCE & PENALTY PROVISIONS
8.1. Every person who contravenes any provision of this By-Law is guilty of an
offence and on conviction is liable to a fine as provided for in the Provincial Offences
Act, R.S.O. 1990, c. P. 33, as amended.
8.2. If this By-Law is contravened and a conviction entered, the court in which the
conviction has been entered and any court of competent jurisdiction thereafter may, in
addition to any other remedy and to any penalty that is imposed, make an order
prohibiting the continuation or repetition of the offence by the person convicted.
9.
SEVERABILITY
9.1. If a court of competent jurisdiction should declare any section or part of a section
of this By-Law to be invalid, such section or part of a section shall not be construed as
having persuaded or influenced Council to pass the remainder of the By-Law and it is
hereby declared that the remainder of the By-Law shall be valid and shall remain in
force.
10.
SHORT TITLE
10.1. This By-Law shall be referred to as the "Noise By-Law"
11.
INTERPRETATION
11.1. Any reference in this By-Law to any statutes, regulations or By-Laws shall be
deemed to be a reference to such statutes, regulations, or By-Laws, as amended,
restated, or replaced from time to time.
12.
GENDER
12.1. In this By-Law any words imparting the masculine gender shall include the
feminine gender and neutral gender and vice versa and words imparting the singular
shall include the plural where the context requires.
13.
HEADINGS
13.1. The headings used in this By-Law are included solely for the convenience of
reference and are not to be considered part of this By-Law and are not intended to be
full or accurate descriptions of the contents of any section, clause or provision of this
By-Law.
14.
EFFECTIVE DATE
14.1. THAT this By-Law is enacted upon the third and final reading hereof and that all
former By-Laws governing such allowance are hereby repealed with exception to the
Canine Control By-Law 85-2022.
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THE CORPORATION OF THE TOWN OF BANCROFT
BY-LAW 52-2023
15.
AUTHORIZATION
15.1. THAT the Mayor and Clerk be and are hereby authorized to sign this By-Law and
affix the corporate seal thereto.
Read a first, second and third time, and be finally passed, signed, sealed, and
numbered By-Law 52-2023, on this 6th day of July 2023.
_____________________________________________
PAUL JENKINS, MAYOR
_____________________________________________
JENNIFER PEPLINSKI, ACTING CLERK
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THE CORPORATION OF THE TOWN OF BANCROFT
BY-LAW 52-2023
Schedule "A" - By-Law 52-2023
Administrative Monetary Penalty System Penalties
Item
Short Form Wording
Provision Creating or Defining Offence
Set Fine
1.
Failure to Comply: General 2.2 - 2.3.13 Inclusive
$150.00
2.
Obstructing an Officer
2.5
$250.00