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THE CORPORATION OF THE MUNICIPALITY OF GORDON/BARRIE
ISLAND
BY-LAW 2023-017
BEING A BY-LAW TO PROHIBIT NOISES LIKELY TO DISTURB THE
INHABITANTS OF THE MUNICIPALITY OF GORDON/BARRIE ISLAND
WHEREAS THE MUNICIPAL ACT s.o. 2001 c. 25 Section 129 (1) and (2) provides
that Councils of Municipalities may pass by-laws prohibiting or regulating noises and
vibrations,
AND WHEREAS property owners have a right to quiet enjoyment of their property, free
from unnecessary, excessive or persistent sounds which may degrade the tranquility of
their lives,
NOW THERFORE the Council of the Township enacts as follows:
Interpretation:
As per the caution forming an integral part of this Act, the nature of the locality must be
considered in interpreting if a noise or vibration is a violation of this By-law.
Zones and Zoning Regulations shall be Gordon/Barrie Island Restrictive Zoning By-Law
2022-016.
BUSINESS and ENTERTAINMENT AREA NOISE: In HAMLET and INDUSTRIAL
Zones, being designated for business and public establishments, the noise and vibration
of vehicles, persons gathering, and business operations is deemed acceptable.
AGRICULTURAL AND BUSINESS NOISE: In RURAL and AGRICULTURAL Zones,
being designated for farming and business operations, noise created by livestock, tractors,
agricultural machinery, and other operations of farming, and by operations of businesses
as permitted by Zoning Regulations shall be deemed acceptable.
CONSTRUCTION: includes erection, alteration, repair, dismantling, demolition,
structural maintenance, moving. Land clearing, earth moving, grading, excavating, laying
of pipe or conduit, whether above or below ground level, street and highway building,
concreting, equipment installation and alteration and the structural installation of
construction components and materials in any form or for any purpose, and includes any
work in connection therewith;
HIGHWAY: includes a common and public highway, street, boulevard, parkway,
driveway, place, bridge, deemed and intended for, or used by, the general public for the
passage of vehicles.
NOISE means sound unwanted at the point of reception.
POINT of RECEPTION means any point on the premises of a person where sound or
vibration originating from other than those premises is received.
GENERAL PROHIBITION
No person shall emit or cause or permit the emission of sound resulting from an act listed
herein, and which sound is clearly audible at a point of reception and likely to disturb the
inhabitants, including
(a) The sounding of any bell, horn, siren or signal device for an unnecessary or
unreasonable period of time.
(b) any unnecessary noise arising between 7pm of any day to 7am of the next following
day, none on Sundays or Statutory Holidays from any excavation or construction work
whatsoever, including the erection, demolition, alteration, or repair of any building,
unless authorized by the township, except in case of urgent necessity, and then only under
permit from the clerk of the Municipality of Gordon/Barrie Island
(c) continuous shouting, singing, or playing of music in a disturbing manner, in or
adjacent to any public street, boat docking area or private residence between 11 p.m. and
7 a.m.
(d) Between the hours of 7am and 11pm persistent and ongoing shouting, singing,
playing of music, recreational noise or operating of machinery, which is distressing to
adjacent property owners, beyond the normal household levels and beyond what would
be expected of a household in a Shoreline Residential, Village Area and Checkerboard
Lane Community
(e) Pet barking, calling or any sound that is persistent in nature.
NONE OF THE PROVISIONS OF THIS BY-LAW SHALL APPLY TO:
(a) Any vehicle of the police or fire department or any ambulance or public service or
emergency vehicle while answering a call,
(b) Any case of public necessity, including plowing or emergency repair of roadways, or
water system maintenance or repair.
(c) Municipal Halls and Facilities, Manitoulin Island Country Club, and Gore Bay-
Manitoulin Airport during functions
Except where otherwise expressly provided by law, every person who is convicted of an
offence is liable to a fine of $200.00 for first offence, second offence $400.00, third
offence $600.00, increasing an additional $200.00 per offence and as provided by the
Provincial Offences Act, payment may be made out of court.
Read a first, second and third time and finally passed this 3rd day of October, 2023
______________________
_________________________________
Lee Hayden, Reeve
Carrie Lewis, CAO-Clerk-Treasurer