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The Municipal Corporation of the
Town of Fort Erie
By-law No. 83-2023
________________________________________________________________
Being a By-law to Regulate Public Nuisances and Noise
in the Town of Fort Erie and to Repeal By-law No. 30-09
Whereas section 11 of the Municipal Act, 2001, S.O. 2001, c. 25 ("Municipal Act, 2001" or "the
statute") provides that a lower-tier municipality may pass by-laws respecting the economic,
social and environmental well-being of the municipality, the health, safety and well-being of
persons, the protection of persons and property and by-laws respecting animals; and
Whereas section 128 of the Municipal Act, 2001 provides that a local municipality may prohibit
and regulate with respect to public nuisances, including matters that in the opinion of Council
are or could become or cause a public nuisance; and
Whereas section 129 of the Municipal Act, 2001 provides that a local municipality may prohibit
and regulate with respect to noise and outdoor illumination, including indoor lighting that can be
seen outdoors; and
Whereas section 425 of the Municipal Act, 2001 provides that a municipality may pass by-laws
providing that a person who contravenes a by-law of the municipality passed under the statute is
guilty of an offence; and
Whereas section 429 of the Municipal Act, 2001 authorizes a municipality to establish a system
of fines for offences under its by-laws; and
Whereas section 434.1 of the Municipal Act, 2001 authorizes a municipality to establish a
system of administrative monetary penalties to assist the municipality in promoting compliance
with its by-laws; and
Whereas the Council of The Corporation of the Town of Fort Erie deems it necessary and
desirable in the public interest to regulate public nuisances and noise in the municipality and to
enact this By-law for that purpose;
Now therefore the Municipal Council of The Corporation of the Town of Fort Erie enacts as follows:
1.0
SHORT TITLE
1.1
The short title of this By-law is the "Noise and Nuisance By-law".
2.0
DEFINITIONS
2.1
The following terms are defined for the purposes of this By-law:
"administrative penalty" means a monetary penalty administered pursuant to Town By-
law No. 111-2019, as amended from time to time.
By-law No. 83-2023
Page 2
"agricultural operation" has the same meaning as in the Farming and Food Production
Protection Act, 1998, S.O. 1998, c. 1
"animal" means any member of the animal kingdom other than a human.
"clearly audible" means that the sound or noise in question is easily perceptible, without
undue effort, to a disinterested person with no hearing disability.
"construction" means erection, alteration, repair, dismantling, demolition, structural
maintenance, land clearing, earth moving, grading, excavating, laying of pipe and conduit
(whether below or above ground level), street and highway building, application of
concrete, equipment installation and alteration, and structural installation of construction
components and materials, in any form or for any purpose.
"Council" means the Council of The Corporation of the Town of Fort Erie.
"direct light" means light emitted directly from the lamp or reflector of a luminaire.
"enforcement authority" means an officer and any person appointed or otherwise
delegated the authority of administration and enforcement of this by-law.
"exterior luminaire" means a luminaire that is situated outside of any building or
structure, including those affixed to exterior walls or surfaces of any building or structure.
"garage sale" means a sale conducted at a property containing a residential use by its
owner or occupant of household goods belonging to the owner or occupant, as the case
may be, and includes a yard sale, lawn sale and other similar events.
"glare" means light emitted from a luminaire of sufficient intensity that (i) reduces the
viewer's ability to see; or (ii) produce a sensation of discomfort, to a disinterested person
with no visual disability or undue sensitivity to light.
"highway" has the same meaning as in the Highway Traffic Act, R.S.O. 1990, c. H.8
("Highway Traffic Act").
"indirect light" means light emitted from a luminaire that has been reflected or scattered
off other surfaces.
"inhabitants" means one or more persons who reside in the Town, temporarily or
permanently, and may include visitors to the Town.
"interior luminaire" means a luminaire that is situated inside of any building or structure,
including those affixed to interior walls or surfaces of any building or structure, which
emits light that can be seen outdoors.
"luminaire" means a complete lighting device that includes one or more lamps enclosed
in a housing and is accompanied by one or more reflectors, refractors or other similar
items and, without limiting the generality of the foregoing, includes laser source lights,
signal beacons, floodlights, spotlights, flashing lights, high-intensity lights and other forms
of illumination.
By-law No. 83-2023
Page 3
"motor vehicle" has the same meaning as in the Highway Traffic Act.
"normal farm practice" has the same meaning as in the Farming and Food Production
Protection Act, 1998.
"officer" means a by-law enforcement officer of the Town, a member of the Niagara
Regional Police Service, a member of the Ontario Provincial Police and any other
provincial offences officer designated under the Provincial Offences Act, R.S.O. 1990, c.
P.33 ("Provincial Offences Act").
"occupant" means a person that occupies a property and includes owners, renters and
lessees.
"order" means any notice of non-compliance issued under this By-law.
"outdoor patio" means an outdoor area adjacent to or in any way associated with an
eating establishment or tavern that is designed or used as an area for the sale and
service of any food or beverage by the eating establishment or tavern.
"owner" means the registered owner of a property.
"persistent" means continuously for a period of ten (10) minutes or longer or
intermittently for an aggregate period of ten (10) minutes or longer in any sixty (60)
minute period.
"person" means an individual, corporation, partnership or association.
"point of reception" means any location on a property where noise originating from
other than that property is received.
"property" means any land or premises within the Town.
"public nuisance" means any act, conduct or thing that is injurious to health, indecent,
offensive to the senses of a disinterested person or that otherwise interferes with the
reasonable enjoyment of life or property.
"Town" means The Corporation of the Town of Fort Erie or the geographic area of the
municipality, as the context requires.
"trespassing light" means light emitted from a luminaire that is easily perceptible,
without undue effort, to a disinterested person with no visual disability or undue sensitivity
to light, at a property other than the one on which the luminaire is situated, and includes
direct light, indirect light and glare.
3.0
NOISE
3.1
No person shall make, cause or permit an unreasonable noise or noise that is likely
to disturb inhabitants.
3.2
Without limiting the generality of section 3.1, noise resulting from the following acts
is deemed to be unreasonable noise or noise that is likely to disturb inhabitants:
By-law No. 83-2023
Page 4
(a)
the ringing of bells, blowing of horns or sounding of sirens on any motor
vehicle except as required or authorized by law or for reasons of safety;
(b)
the operation of a motor vehicle in a manner that results in grading, grinding
or rattling or other like sound or noise due to disrepair or inadequate
maintenance;
(c)
the revving, racing or accelerating of a motor attached to a motor vehicle
while the motor vehicle is not in motion;
(d)
the operation of any radio, television or other electronic device, musical or
sound producing instrument with such volume so as to annoy or disturb
inhabitants;
(e)
the operation of any radio, amplifier, speaker or similar sound producing
device for the purpose of advertising a good or service in a manner that
projects sound or noise into any public street or other public place;
(f)
the operation of any radio, amplifier, speaker or similar sound producing
device in a manner that produces sound or noise that is clearly audible at a
point of reception;
(g)
between the hours of 9:00 p.m. of one day and 7:00 a.m. of the following day,
the operation of equipment used for construction;
(h)
the persistent yelling, shouting, swearing and/or speaking by any person at a
volume that is clearly audible at a point of reception;
(i)
the persistent barking, howling, whining or other like sounds made by an
animal kept or used for any purpose other than a normal farm practice carried
on by an agricultural operation.
(j)
between the hours of 11:00PM of one day and 11:00AM of the following day,
the operation of an outdoor patio in a manner that produces sound or noise
that is clearly audible at a point of reception, if any part of such patio is
located within 60 metres of a residential zone.
3.3
This By-law shall not apply to noise resulting from:
(a)
the operation of any emergency service vehicle or ambulance while carrying
out its lawful duties;
(b)
the use of a warning device during the lawful operation of a motor vehicle;
(c)
the operation of any railway or airport within the legislative authority of
Parliament;
(d)
the operation of equipment by or on behalf of the Town for exceptional
construction projects, general maintenance projects and emergency projects
of the Town;
(e)
the collection or disposal of garbage, waste or recyclable material by the
Town or the Regional Municipality of Niagara;
(f)
the reasonable use of equipment for snow removal and yard maintenance on
private property;
By-law No. 83-2023
Page 5
(g)
any parade or event hosted, authorized or approved by the Town, provided
that the parade or event is carried on in accordance with all terms and
conditions of the authorization or approval;
(h)
the reasonable use of a radio, amplifier, speaker or similar sound producing
device in a public place during a special event hosted, authorized or
approved by the Town, provided that the event is carried on in accordance
with all terms and conditions of the authorization or approval;
(i)
any discharge of fireworks that complies with the fireworks by-law of the
Town;
(j)
sports, exercise or recreational activities or events at public parks or public
beaches where such activities or events have been authorized or approved
by the Town and are carried on in accordance with all terms and conditions of
the authorization or approval;
(k)
the operation of bells or chimes in relation to any religious or military
ceremony;
(l)
activities that are part of a normal farm practice carried on by an agricultural
operation; and
(m) activities carried out in compliance with a permission granted under federal or
provincial legislation, including but not limited to an environmental
compliance approval.
4.0
LIGHTING
4.1
No person shall use or operate, or cause or permit the use or operation of, any
exterior luminaire or interior luminaire in a manner that emits direct light, indirect
light or glare such that it creates and/or results in trespassing light.
4.2
No person shall use or operate, or cause or permit the use or operation of, any
exterior luminaire or interior luminaire in a manner that emits direct light, indirect
light or glare such that it affects the operation of a motor vehicle on a highway by
any person.
4.3
This By-law shall not apply to direct light, indirect light or glare resulting from:
(a)
the operation of any emergency service vehicle or ambulance while carrying
out its lawful duties;
(b)
the use of vehicular lights during the lawful operation of a motor vehicle;
(c)
the operation of equipment by or on behalf of the Town for construction
projects, general maintenance projects and emergency projects of the Town;
(d)
the operation of equipment by or on behalf of the Town for Town
maintenance operations including but not limited to snow removal, street
sweeping, line painting, grass cutting, tree and shrub pruning, mulching and
field maintenance;
By-law No. 83-2023
Page 6
(e)
the reasonable use of luminaires during a special event hosted, authorized or
approved by the Town, provided that the event is carried on in accordance
with all terms and conditions of the authorization or approval;
(f)
sports, exercise or recreational activities or events at public parks or public
beaches where such activities or events have been authorized or approved
by the Town and are carried on in accordance with all terms and conditions of
the authorization or approval;
(g)
activities that are part of a normal farm practice carried on by an agricultural
operation; and
(h)
activities carried out in compliance with a permission granted under federal or
provincial legislation.
5.0
PUBLIC NUISANCE
5.1
No person shall cause or permit a public nuisance.
5.2
Without limiting the generality of section 5.1, the following acts, conduct and things
are deemed to be a public nuisance:
(a)
loitering in a public place after a request from an enforcement authority to
leave;
(b)
fighting;
(c)
using profane or abusive language or gestures;
(d)
littering;
(e)
defacing, damaging or vandalizing public or private property;
(f)
spitting, expectorating, urinating or defecating in a public place;
(g)
public drunkenness or public intoxication;
(h)
conducting a garage sale at any property that does not have a residential use
under Town By-law No. 129-90;
(i)
conducting a garage sale between the hours of 6:00 p.m. of one day and
8:00 a.m. of the following day;
(j)
conducting a garage sale more than four (4) times per calendar year;
(k)
the attracting and or feeding of animals domesticated or otherwise in such a
way that is causes damage or otherwise creates a nuisance or disturbance to
another person or another persons property, other than as part of a normal
farm practice carried on by an agricultural operation
(l)
obstructing, interfering with or otherwise impeding the movement of persons
or motor vehicles;
(m) obstructing or attempting to obstruct an enforcement authority in the course
of his or her duties; and
(n)
any act, conduct or thing prohibited by sections 3.2, 4.1 or 4.2 of this By-law.
By-law No. 83-2023
Page 7
5.3
Notwithstanding any other provisions in this By-law, the restrictions listed in
Section 5.2(k) shall not apply to:
(a) properties zoned for agricultural or open space uses that are involved in
dairying, animal husbandry, the raising of poultry, vermiculture, aquaculture,
equestrian centres, riding stables and zoological theme parks.
6.0
ADMINISTRATION AND ENFORCEMENT
6.1
This By-law shall be administered and enforced by the Town and enforcement
authorities.
6.2
An enforcement authority may, for the purpose of enforcing this By-law, exercise
any power, authority or remedy granted to the Town pursuant to the Municipal Act,
2001.
6.3
An enforcement authority may, at all reasonable times, enter upon and inspect any
property to determine if this By-law is being complied with.
6.4
For the purposes of an inspection under section 6.3 of this By-law, an enforcement
authority may require the production for inspection of documents or things relevant
to the inspection, inspect and remove relevant documents or things for the purpose
of making copies or extracts, require information from a person concerning a matter
related to the inspection and/or take photographs, samples, measurements
necessary for the purposes of the inspection and may also include being
accompanied by a person possessing special or expert knowledge.
6.5
An enforcement authority who is satisfied that there has been a contravention of this
By-law may make an order requiring the person who contravened the By-law or
caused or permitted the contravention and/or the owner or occupant of the property
where the contravention occurred to discontinue the contravening activity and/or to
bring the property into compliance with this By-law.
6.6
No person shall fail to comply with an order made under section 6.5.
6.7
An order made under section 6.5 shall set out the municipal address and/or legal
description of the property, reasonable particulars of the non-compliance and the
work required to correct it and the date(s) by which there must be compliance with
the order.
6.8
An order made under section 6.5 may be served by regular mail if the order is also
posted at the property, registered mail or hand delivered to the last known address
of the person to whom it is issued, by email to the last known email address of the
person to whom it is issued, or by posting the order at the property where the
contravention occurred.
6.9
Where any person fails to comply with an order made under section 6.5 by the
prescribed date(s), the Town may do any matter or thing necessary to bring the
property into compliance with this By-law at the expense of the person in default of
the order.
By-law No. 83-2023
Page 8
6.10 The Town may recover the cost of any matter or thing done pursuant to section 6.8
of this By-law by adding the cost to the tax roll and collecting it in the same manner
and with the same priority as municipal taxes.
6.11 No Person shall obstruct or hinder, or attempt to obstruct or hinder, an enforcement
authority in the exercise of a power or the performance of a duty under this By-law.
7.0
OFFENCES AND PENALTIES
7.1
Every person who contravenes any provision of this by-law is guilty of an offence
and upon conviction is liable to such penalties as are provided for in the Municipal
Act, 2001 and the Provincial Offences Act.
7.2
Where an enforcement authority is satisfied that a person has failed to comply with
any provision of this By-law, the enforcement authority may issue a penalty notice
imposing an administrative penalty in the amount as established in Schedule "A" to
this By-law.
7.3
Administrative Penalty By-law No. 111-2019, as amended or replaced from time to
time, applies to each administrative penalty issued pursuant to this by-law.
7.4
Every person who contravenes any provision of this By-law shall, upon issuance of
a penalty notice in accordance with Administrative Penalty By-law No. 111-2019, be
liable to pay to the Town an administrative penalty in accordance with that By-law.
8.0
GENERAL
8.1
In the event of a conflict between this By-law and the provisions of another Town
by-law, the provisions of this By-law shall prevail.
8.2
If any section or part of this By-law is found by any court of competent jurisdiction to
be illegal or beyond the power of Council to enact, such sections or parts shall be
deemed to be severable and all other sections or parts of this By-law shall be
deemed to be separate and independent therefrom and to be enacted as such.
8.3
This By-law shall be read with all changes in number or gender as are required by
context.
8.4
Any reference to legislation or Municipal By-laws in this By-law includes the
legislation or By-law and any amendment, replacement, subsequent enactment or
consolidation of such legislation or By-law.
8.5
The Clerk of the Town is authorized to affect any minor modifications, corrections or
omissions, solely of an administrative, numerical, grammatical, semantical or
descriptive nature to this by-law or its schedules after the passage of this by-law.
8.6
By-law No. 30-09 is repealed.
By-law No. 83-2023
Page 9
8.7
This By-law shall come into force and effect on the date of passage.
Read a first, second and third time and finally passed this 29th day of May, 2023.
Mayor
Clerk
I, __________________________, Clerk of The Corporation of the Town of Fort Erie, certify the foregoing to be a true copy of By-law
No. 83-2023 of the said Town. Given under my hand and the seal of the said Corporation, this day of , 20
_____________________________________________________
By-law No. 83-2023
Page 10
SCHEDULE "A"
to Noise and Nuisance By-law No. 83-2023
Administrative Monetary Penalties
For the purposes of this By-law:
Column 1 ("Description of Offence") in the table sets out the short form wording to be used in a
Penalty Notice for a contravention of the designated provisions listed.
Column 2 ("Section") in the table lists the specific section of the provision that has been
contravened.
Column 3 ("Penalty Tier 1") sets out the Administrative Monetary Penalty amounts that are
payable for contraventions of the designated provisions listed in Columns 1 and Column 2.
Column 4 ("Penalty Tier 2") sets out the Administrative Monetary Penalty amounts that are
payable for a second (2nd) contravention of the designated provisions listed in Columns 1 and
Column 2 by the same person within a one (1) year period since the previous offence
conviction.
Column 5 ("Penalty Tier 3") sets out the Administrative Monetary Penalty amounts that are
payable for a third (3rd) contravention of the designated provisions listed in Columns 1 and
Column 2 by the same person within a one (1) year period since the previous offence
conviction.
COLUMN 1
COLUMN 2
COLUMN 3
COLUMN 4
COLUMN 5
Offence
Section
Penalty
Tier 1
Penalty
Tier 2
Penalty
Tier 3
Unreasonable noise or noise likely
to disturb inhabitants
3.1
$250.00
$350.00
$450.00
Noise deemed to be unreasonable
or likely to disturb inhabitants
3.2 (a-j)
$250.00
$350.00
$450.00
Trespassing light
4.1
$250.00
$350.00
$450.00
Light affecting operation of motor
vehicle on highway
4.2
$250.00
$350.00
$450.00
Public nuisance
5.1
$250.00
$350.00
$450.00
Act, conduct or thing deemed to be
a public nuisance
5.2 (a-n)
$250.00
$350.00
$450.00
Fail to comply with an order
6.6
$500.00
$600.00
$700.00
Obstruct an officer
6.11
$300.00
N/A
N/A