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The Corporation of the Town of Kirkland Lake
Bylaw No. 07-065
Being a bylaw to prohibit or regulate noises
within the Town of Kirkland Lake
WHEREAS Sections 9 & 129 of the Municipal Act, 2001, S.O. 2001, c.25, as amended, provides that the
Councils of local municipalities may pass by-laws to prohibit and regulate with respect to noise and
vibration.
NOW THEREFORE the Council of the Corporation of the Town of Kirkland Lake enacts as follows:
1. In this Bylaw:
a) Dwelling House
A "dwelling house" includes an apartment house, hotel or any other type of permanent or
temporary residence.
b) Person
A "person" includes a corporation.
c) Emergency Vehicle
An "emergency vehicle" includes a police car, ambulance, fire truck or other vehicle
responding to an emergency call pursuant to a call for service.
2. General - Likely to Disturb
No person shall within the limits of the Corporation of the Town of Kirkland Lake make or permit
any noise and/or vibration likely to disturb the inhabitant thereof.
3. Without limiting the generality of Section 2, the following noises or sounds 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 house shall
be deemed to be noises likely to disturb.
b) Amplifier - Loud Speaker
The noise or sound caused or made by an amplifier or loud speaker carried in or attached to
a motor vehicle being operated or standing on a public highway shall be deemed to be noises
likely to disturb.
c) Animal
The sound made by an animal (dog, cat, bird, etc.) under the care of an individual and/or
individuals which disturbs the peace, comfort or repose of any person in a dwelling house
shall be deemed to be noises likely to disturb.
d) Motor Racing - Standing Motor Vehicle
The noise caused by the unnecessary racing of the motor of a standing motor vehicle shall be
deemed to be noises likely to disturb.
e) Construction - Demolition, Repair, Restrictions
The noise caused by the erection, demolition, alteration or repair of a building or by
construction of earth-moving equipment working upon such site situated within 500 feet of an
occupied dwelling house on any day, between the hours of 9:00 o'clock in the evening and
5:00 o'clock in the forenoon of the following day.
f)
Lawnmower - Times of Day
The noise made by a power lawn mower within 100 feet of an occupied dwelling house on
any day between the hours of 10:00 o'clock in the evening and 8:00 o'clock in the forenoon of
the following day.
4. Exceptions:
None of the provisions of this bylaw shall apply to prevent:
a) Parades, Fairs, Public or Fundraising Functions
The noise caused by a lawful parade, fair, public function or fundraising function which has
been duly authorized by a Resolution of Council.
Bylaw 07-065
Noise Bylaw
Page 2 of 2
b) Church Bells - Chimes
The noise caused by the sound of a church bell or chime.
c) Public Utility Work
The noise caused by works done upon a site or highway when such work is undertaken by
forces of the Corporation of the Town of Kirkland Lake, Hydro One, the Ministry of
Transportation, any other public utility, or any Contractor providing services on their behalf,
with the Corporation of the Town of Kirkland Lake.
d) Traffic Control Devices
The noise created as part of traffic control devices, including those at traffic signal locations
and railway crossings.
e) Warning Safety Devices - Vehicles
The noise created as part of a vehicle's warning devices where required for authorized bylaw
or in accordance with good safety practices, including a vehicle's back-up alarm.
f)
Snow Removal Equipment
The noise created by the operation of snow removal equipment while in operation of snow
removal.
g) Emergency Vehicle Sirens
The noise created by the sound of a siren on an emergency vehicle.
5. Grant Exceptions by Council:
a)
Exceptions
Notwithstanding anything contained in this bylaw, any person may make application to
Council to be granted an exemption from any of the provisions of this bylaw with respect to
any sources of sound for which he/she might be prosecuted and Council, by resolution, may
refuse to grant any exception or may grant the exemption applied for or any exception or
lesser effect and any exception 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 bylaw is guilty of an offence and upon
conviction, is liable to a fine recoverable under the Provincial Offences Act.
b)
Enforcement
This bylaw shall be enforced by a Police Officer, Municipal Law Enforcement Officer,
Provincial Offences Officer, Bylaw Enforcement Office or any other person appointed by the
Council of the Corporation of the Town of Kirkland Lake.
7)
Repeal of Various Bylaw
That bylaws 89-005 and 87-132 are hereby repealed in entirety.
Read a first, second and third time, enacted and passed this 4th day of September 2007.
William Enouy, Mayor
Don Studholme, Director of Corporate Services/Clerk
BY-LAW NO. 07-065 Being a by-law to regulate and prohibit noises within the Town of Kirkland Lake
ITEM
COLUMN 1
COLUMN 2
COLUMN 3
Short Form Wording
Offence Creating
Set Fine
Provision
1
Making or permitting noise and/or vibration
Section 2
$75.00
NOTE: Penalty provision for the offences indicated above is Section 6 of By-law 07-065,
a certified copy of which has been filed
PART 1 PROVINCIAL OFFENCES ACT
THE CORPORATION OF THE TOWN OF KIRKLAND LAKE