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The Township of Cavan Monaghan
By-law No. 2022-21
Being a by-law to Prohibit or Regulate Noises within the Township of
Cavan Monaghan
"Otherwise known as the Noise By-law"
Whereas Sections 9 and 129 of the Municipal Act, 2001, SO. 2001, c.25. as
amended, provides that the Councils of local municipalities may pass By-laws to
prohibit and regulate with respect to noise, vibration, odour, dust and outdoor
illumination, including indoor lighting that can be seen outdoors;
Now Therefore the Council of the Township of Cavan Monaghan hereby enacts
as follows:
1.
In this By-law:
(a) Corporation
"Corporation" shall mean the Corporation of the Township of Cavan
Monaghan.
(b) Dwelling Unit
A "dwelling unit' means a suite operated as a housekeeping unit,
used or intended to be used by one or more persons and usually
containing cooking eating, living, sleeping and sanitary facilities.
(c) Emergency Vehicle
An "emergency vehicle" includes a police car, ambulance, fire truck or
other vehicle and/or watercraft responding to an emergency call
pursuant to a call for service.
(d) Person
A "person" includes a corporation.
2.
General
-- Likely to Disturb
(a)
No person shall, within the limits of the Corporation, shout, make or
permit an unusual noise, or a noise likely to disturb the inhabitants
thereof.
(b)
No owner shall emit, cause or permit the emission from the owner's
property of noise likely to disturb the inhabitants of the Corporation.
3.
Noises
-- Likely to Disturb
Without limiting the generality of Section 2, the following noises or sounds
set out in this Section shall be deemed to be noises likely to disturb the
inhabitants of the Corporation:
(a)
Radio
-- Loud Speaker
The noises or sound made or created by any radio, phonograph,
public address system, sound equipment, loud speaker, musical
instrument or other sound-producing equipment, when the
equipment is played or operated in such a manner that the sound or
noise made or created thereby disturbs the peace, comfort, or repose
of any person in a dwelling unit, or a police officer acting in
accordance with their duties pursuant to the Police Act, or successor
legislation shall be deemed to be noises likely to disturb.
(b)
Animal
-- Bird
The sound made by an animal or bird under the care of an individual
and/or individuals which disturbs the peace, comfort, or repose of any
person in another dwelling unit shall be deemed to be noises likely to
disturb.
(c)
Exhaust
-- Without Muffler
The noise or sound caused by the discharge into the open air of the
exhaust from any steam engine, boiler or stationary internal
combustion engine, otherwise than through a muffler or other device
which effectively prevents unnecessary noise shall be deemed to be
noises likely to disturb.
(d)
Tire Noise
-- Squealing, Acceleration, Braking
The wheel or tire noise caused by the deliberate and unnecessary
acceleration, rapid turning or rapid braking of a motor vehicle shall be
deemed to be noises likely to disturb.
(e)
Motor Racing
-- Standinglstationary Motor Vehicle
The noise caused by the unnecessary racing of the motor of a
standing/stationary motor vehicle shall be deemed to be noises likely
to disturb.
(f)
Motor Vehicle Racing
-- Permitted by By-law
The noise caused by motor vehicle racing in an area zoned and
permitted for such use shall be deemed to be noises likely to disturb
when such motor vehicle racing occurs before 8:00 a.m. and/or after
11:30 p.m.
(g)
Construction
-- Demolition, Repair, Restrictions
The noise caused by the erection, demolition, alteration or repair of a
building or equipment or by construction of earth-moving equipment
working upon such site situated within 500 feet of an occupied
dwelling unit on any day, between the hours of 7:00 p.m. and 7:00
am. of the following day, shall be deemed to be noises likely to
disturb.
(h)
Lawnmower -- Times of day
The noise made by a power lawn mower within 100 feet of an
occupied dwelling on any day between the hours of 10:00 p.m. and
8:00 am. of the following day shall be deemed to be noises likely to
disturb.
(i)
Unmuffled Engine Brakes
The noise orsound caused by the use of truck and heavy equipment
engine brakes other than through a muffler or other device which
effectively prevents unnecessary noise shall be deemed to be noise
likely to disturb.
4.
Exceptions
None of the provisions of this By-law shall apply to prevent:
(a)
Farm Machinery/Animals
The noise caused by any machines of husbandry, corn dryers or
other farm machinery, being used to put in crops or remove crops, or
being used for any other normal farming practices. Any noise caused
by livestock permitted by the Township Zoning By-law.
(b)
Parades
The noise caused by a lawful parade which has been approved by
Council.
(c)
Outdoor Concert
The noise caused by an outdoor concert or outdoor band which has
been approved by Council.
(d)
Church Bells
- Chimes
The noise caused by the sound of a church bell or chime.
(e)
Public Utility Work
The noise caused by works done upon a site or highway when such
work is undertaken by the Corporation, the County of Peterborough,
Hydro One, the Ministry of Transportation, any other public utility, or
any Contractor providing services on their behalf, within the
Corporation.
(f)
Traffic Control Devices
The noise created as part of traffic control devices, including those at
traffic signal locations and railway crossings.
(g)
Warning Safety Devices
- Vehicles
The noise created as part of a vehicle's warning devices where
required or authorized by law or in accordance with good safety
practices, including a vehicle's back-up alarm.
(h)
Snow Removal Equipment
The noise created by the operation of snow removal equipment while
in the operation of snow removal.
(i)
Emergency Vehicle Sirens
The noise created by the sound of a siren on an emergency vehicle.
(J)
Municipal Parks
The noise caused by recreational activities at any Municipally owned
property designated as a park.
(k)
Music
The noise caused by music in the area of King Street East from the
limits of Tupper Street Westerly to Union Street and Hay Street,
between the hours of 9:00 a.m.
-- 9:00 p.m. An area map is attached
as Appendix 1.
(I)
Annual Milibrook Fair
The noise created by the annual Millbrook Fair.
(J)
Filming
The noise created by a film production company that has obtained a
valid permit as required within the Guidelines for Filming in the
Township of Cavan Monaghan.
5.
Grant of Exceptions by Council
(a)
Exceptions
Notwithstanding anything contained in this By-law, any person may
make application to Council to be granted an exemption from any of
the provisions of this By-law with respect to any sources of sound for
which he/she might be prosecuted and Council, by resolution, may
refuse to grant any exemption or may grant the exception applied for
or any exemption of lesser effect and any exemption granted shall
specify the time period, not in excess of 6 months, during which it is
effective and may contain such terms and conditions as Council sees
fit.
(b)
Breach
Breach by the applicant of any of the terms or conditions of any
exemption shall render the exemption null and void.
6.
Penalties and Enforcement
(a)
Penalties
Any person who contravenes any provision of this By-law is guilty of
an offence and upon conviction is liable to a fine as provided for by
the Provincial Offences Act, R.S.O 1990, Chapter P.33 as amended.
(b)
Enforcement
This By-law shall be enforceable twenty-four (24) hours a day unless
otherwise specified. This By-law shall be enforced by Township of
Cavan Monaghan By-law Enforcement Officer(s) and members of the
Peterborough Police Service Department.
7.
Effective Date and Maximum Fine
This By-law shall come into force and effect on the date of passing
thereof.
The maximum fines shall be as per Schedule "A"
By-law No. 2017-50, By-law No. 2018-08 and By-law No. 2018-11 are
hereby repealed in their entirety.
Read a first, second and third time and passed this 19th day of April,
2022.
Sc tt McFdden
Cindy Pagá
Mdyor
Clerk
The Township of Cavan Monaghan
By-law No. 2022-21
Being a by-law to Prohibit or Regulate Noises within the Township of
Cavan Monaghan
Schedule "A"
Provision creating or
Set Fine
Item
Short Form Wording
defining offence
Shout, make or permit an
I
unusual noise or noise likely to
s. 2(a)
$150
disturb
Emit, cause or permit the
2
emission of noise likely to
s. 2(b)
$150
disturb
Note: The general penalty provision for the offences listed above is Section
6 of this By-law No. 2022-21. A certified copy of which has been filed.
Being a by-law to
The Township of Cavan Monaghan
By-law No. 2022-21
Prohibit or Regulate Noises within the Township of
Cavan Monaghan
Appendix I
52