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THE CORPORATION
OF THE TOWNSHIP
OF MALAHIDE
By -Law No. 10 -65
Being a by -law to regulate noise in
The Corporation
of the Township of Malahide.
WHEREAS
s. 129 of the
Municipal
Act, 2001,
as amended, authorizes the Council of
every local municipality to prohibit and regulate with respect to noise;
AND WHEREAS the people have a right to and should be ensured an environment free
from
unusual,
unnecessary excessive sound or noise which may degrade the quality
and tranquillity of their life or cause nuisance;
NOW THEREFORE the Council of the Corporation of the Township of Malahide hereby
enacts as follows:
1.
Definitions
1.
1
In this by -law,
a) "
Agricultural
Operation"
means
an
agricultural,
aquacultural,
horticultural, or silvicultural operation that is carried on in the expectation
of gain or monetary
reward;
b) "
Agricultural
Processing" includes
sawing,
cleaning, treating, grading
and
packaging
to
the
extent
that
these
activities
relate
to
products
primarily
from
and
are
conducted
as
a
part
of
an
agricultural
operation;
c) "
Agricultural
Property"
means
a
property
that
is
zoned
for
agricultural
use
in
the
zoning
by -
law
that
applies
to
the
property;
d) "
By -
law
Officer"
means
a
person
appointed
by
the
Council
of
The
Corporation
of
the
Township
of
Malahide
as
a
municipal
by -
law
enforcement
officer
to
enforce
the
provisions
of
this
and
other
by -
laws;
d) "
Construction"
includes
erection,
alteration,
repair,
dismantling,
demolition,
structural
maintenance,
land
clearing,
earth
moving,
grading,
excavating,
the
laying
of
pipe
and
conduit
whether
above
or
below
ground,
street
and
highway
building,
application
of
concrete,
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;
e) "
Construction
Equipment"
means
any
equipment
or
device
designed
and
intended
for
use
in
construction
or
material
handling,
including
but
not
limited
to
hand
tools,
power
tools,
air
compressors,
pile
drivers,
pneumatic
or
hydraulic
tools,
bull
dozers,
tractors,
excavators,
trenchers,
cranes,
derricks,
loaders,
scrapers,
pavers,
generators,
off -
highway
haulers
or
trucks,
ditchers,
compactors
and
rollers,
pumps,
concrete
mixers,
graders
and
other
materials
handling
equipment;
f) "
Conveyance"
includes
a
vehicle
and
any
other
device
employed
to
transport
a
person
or
persons
or
goods
from
place
to
place
but
does
not
include any such device or vehicle if operated only within the premises of
b
2
and
packaging
to
the
extent
that
these
activities
relate
to
products
primarily
from
and
are
conducted
as
a
part
of
an
agricultural
operation;
c) "
Agricultural
Property"
means
a
property
that
is
zoned
for
agricultural
use
in
the
zoning
by -
law
that
applies
to
the
property;
d) "
By -
law
Officer"
means
a
person
appointed
by
the
Council
of
The
Corporation
of
the
Township
of
Malahide
as
a
municipal
by -
law
enforcement
officer
to
enforce
the
provisions
of
this
and
other
by -
laws;
d) "
Construction"
includes
erection,
alteration,
repair,
dismantling,
demolition,
structural
maintenance,
land
clearing,
earth
moving,
grading,
excavating,
the
laying
of
pipe
and
conduit
whether
above
or
below
ground,
street
and
highway
building,
application
of
concrete,
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;
e) "
Construction
Equipment"
means
any
equipment
or
device
designed
and
intended
for
use
in
construction
or
material
handling,
including
but
not
limited
to
hand
tools,
power
tools,
air
compressors,
pile
drivers,
pneumatic
or
hydraulic
tools,
bull
dozers,
tractors,
excavators,
trenchers,
cranes,
derricks,
loaders,
scrapers,
pavers,
generators,
off -
highway
haulers
or
trucks,
ditchers,
compactors
and
rollers,
pumps,
concrete
mixers,
graders
and
other
materials
handling
equipment;
f) "
Conveyance"
includes
a
vehicle
and
any
other
device
employed
to
transport
a
person
or
persons
or
goods
from
place
to
place
but
does
not
include any such device
or vehicle
if operated only
within the
premises of
3
a person;
g) "
Council" means the Council of The Corporation of the Township of
Malahide;
h) "
Emergency" means a situation or impending situation, often dangerous,
caused
by
the
forces
of
nature,
an
accident, an
intentional
act
or
otherwise, which arises suddenly and calls for prompt action;
i) "
Emergency Vehicle" includes a land ambulance, air ambulance, a fire
department
vehicle
and
a motor
vehicle
being
used
to
respond
to
an
emergency;
j) "
Highway" means a common and public highway that includes any bridge,
trestle, viaduct or other structure forming part of the highway and, except
as otherwise provided, includes a portion of the highway;
k) "
Motorized
Conveyance"
means
a
conveyance
propelled
or
driven
otherwise than by muscular, gravitational or wind power;
1) "
Motor Vehicle" includes
an
automobile, bus, truck,
motorcycle,
motor
assisted bicycle and any other vehicle propelled or driven other than by
muscular
power, but does
not
include
a motorized
snow
vehicle, traction
engine, the
cars
of electric
or
steam
railways, or
other
motor
vehicles
running only on rails, farm tractor, other farm vehicles or road - building
machines;
m) "
Municipality" means
the
lands
within
the
geographic
limits
of
The
Corporation
of the Township of Malahide;
r
11
n) "
Municipal
Service Vehicle" means
a vehicle operated
by or on behalf of
the Municipality
or a local board of the Municipality
while the vehicle
is
being
used
for
the
construction,
repair or maintenance
of
a
highway,
including
the
clearing
and
removal
of
snow, the
construction,
repair or
maintenance
of a utility, the collection
or transportation
of waste, or other
municipal
purpose;
o) "
Noise" means
a sound
that is unusual
or excessive, or that is unwanted
by or disturbing to persons;
p) "
Person" includes a corporation as well as an individual;
q) "
Point of Reception" means any point of the premises of a person where
sound
or
vibration
originating
from
other
than
those
premises
as
Perceived Person;
r) "
Premises" means a piece of land and any buildings and structures on it,
and includes a place of business, road, and any other location or place;
s) "
Refuse
Compacting
Equipment" means
a
vehicle
fitted
in
order
to
compact and transport refuse;
t) "
Solid
Waste
Build
Lift Equipment" means
a vehicle
designed
to load,
unload and transport containers for handling refuse;
u) "
Sound
Amplifying
System"
means
any
system
of
loud
speakers,
amplifiers, microphones
or
reproducers
or
any
combination
of
such
equipment, including
electronic
devices or electromechanical
transducers,
5
7
used
in
the
reproduction
or
amplification
of
music,
speech
or
other
i
sounds,
t
v) "
Sound Reproduction Device" means a device intended primarily for the
production
or
reproduction
of
sound, including,
but
not
limited
to, any
musical
instrument,
radio
receiver,
television
receiver,
tape
recorder,
phonographer, sound amplifying system;
w) "
Special Event" includes a demonstration, parade, sports event, fireworks
display, festival, carnival, circus, donation station, street dance, residential
block party, sidewalk sale, outdoor mass and other like events-,
x) "
Vehicle" includes
a motor vehicle, trailer, traction
engine, farm tractor,
road building machine, and any vehicle drawn, propelled or driven by any
kind of power other than muscular power;
y) "
Zones" in this by- law-
i) "
Residential Zones" means those areas of the municipality zoned
as follows:
a)
Hamlet Residential;
b)
Village Residential;
c)
Mobile
Home;
d)
Recreational
Residential;
e)
such other non - agricultural residential as shall be created by
the Municipality from time to time.
ii) "
Other
Zones" means
those
areas
of the
municipality
zoned
as
follows:
a)
agricultural residential;
b)
open space;
c)
agricultural;
d)
commercial;
b)
industrial;
c)
highway commercial; or
d)
business
zones.
y) "
Zoning By -law" means
a
by -law
passed
under
the
Planning
Act that
restricts the use of land within the Municipality.
2.
General
Prohibitions
2. 1
No
person
shall
emit
or
cause
or
permit
the
emission
of
noise
or
vibration
resulting from an act listed in the Schedule
1- General Prohibitions and which
sound is clearly audible at a point of reception anywhere within the Municipality,
at any time.
3.
Prohibitions by Time and Place
3. 1
No
person
shall
emit
or
cause
or
permit
the
emission
of
noise
or
vibration
resulting
from
any act
listed
in Schedule
2- Prohibitions
by Time
and
Place
if
clearly audible at a point of reception located in an area of the Municipality within
a prohibited
time shown for such an area.
4.
Exemptions
4. 1
Public Safety
Notwithstanding
any other provision of the By -law, it shall be lawful during an
emergency
to
emit
or
cause
or
permit
the
emission
of
noise
or
vibration
in
connection with emergency measures;
a)
for
the
immediate
health, safety
or
welfare
of the
inhabitants
of the
Municipality or any of them; or
b)
for
the
preservation
or
restoration
or
property, unless
such
sound
or
vibration is clearly of a longer duration, or nature more disturbing, than is
reasonably
necessary
for
the
accomplishment
of
such
emergency
purpose.
4. 2
Agricultural Activity
Notwithstanding any provision of this By -law, it shall be lawful to emit or cause or
permit the emission of noise or vibration in connection with the operation of any
equipment,
apparatus
or
device
used
in
an
Agricultural
Operation
or
in
connection with Agricultural Processing.
4. 3
Exempted
Activities
1)
Firearms
The prohibitions
in Schedule
2, Activity 16 regarding the discharge or firearms do
not apply to a person who is:
a)
Protecting
his or her livestock
or poultry from
stray dogs in accordance
with
the
Dog
Licensing, Poultry
and
Honey
Bee
Protection
Act, as
amended;
b)
Protecting his or her property from damage by wildlife in accordance with
the Ontario
Fish and Wildlife
Conservation
Act, as amended;
c)
Protecting
his
or
her
property
from
damage
by
migratory
bird
in
accordance
with
a
permit
issued
under
the
Canada
Migratory
Birds
Regulations,
as amended;
d)
Firing
blank
ammunition
for
the
purposes
of (
i)
a
ceremonial
event,
historical
display or educational
program; ( ii) a theatrical, film or television
production; ( iii) a sporting
event; or ( iv) the training
of animals;
e)
Engaged
in
sport
hunting, target
shooting, trap shooting
or other
recreational use of a firearm on a property within the Municipality
that
is
located
in
an
agriculture,
agricultural
residential
or
open
space zone.
2)
Traditional,
Festive
or Religious
Activities
Notwithstanding
any other provision
of this By -law, this By -law does not
apply to a person who emits or causes or permits the emission of noise or
vibration
in
connection
with
any
of
the
following
traditional,
festive,
religious
or other listed activities:
a)
Any Special Event duly authorized by Council;
b)
The
use
of
bells
or
chimes
normally
associated
with
church
activities;
c)
Any midway or circus duly authorized by Council;
d)
Any sporting, recreational
or entertainment
event in Public Parks or
municipally owned or operated Buildings;
e)
Any musical or other performance
in Public Parks or municipally
owned
or operated
Buildings;
f)
Any fireworks display safely detonated on private property within
the Municipality on Victoria Day Weekend, Canada Day and New
Year' s Eve.
4. 4
Exempted
Properties
The regulations established Schedule 2, Activity 16 regarding the discharge or
firearms
do
not apply to the
lawful discharge
of firearms
on the following
properties:
a)
A facility operated or utilized by police officers for training purposes;
b)
A facility or vehicle operated or utilized by or on behalf of the municipality
in connection
with the delivery
of emergency services, road
maintenance
9
and
waste /recycling collection including but not limited to snow removal,
curb side waste pickup; or
c)
A gun club, trap and skeet club, rifle range, archery range, paintball facility
or other facility for the use of firearms that is
in compliance with all
applicable
municipal, provincial
and federal
requirements.
5.
Grant of Exemption by Council
1)
Application
to Council
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 source of noise or vibration
for which that person might be prosecuted and Council, by resolution, may
grant or may refuse to grant the exemption applied for or any exemption of
lesser effect and any exemption
granted shall specify the time period,
which is no case shall exceed
a period of 12 months, during which such
exemption
is effective
and
may contain
such
terms
and
conditions
as
Council, in its sole discretion, sees fit.
2)
Details
of Application
for Exemption
The
application
mentioned
in
subsection (
1),
above, shall
be
made
in
writing, in duplicate, and shall contain the following:
a)
The name
and address
of the applicant;
b)
A description of the source of the noise or vibration in respect of
which the exemption
is sought;
c)
A statement of the particular provision of this By -law from which the
exemption is sought;
d)
The period
of time for which the exemption
is sought;
e)
The reasons why the exemption should be granted;
f)
A statement
of the steps, if any, planned or presently being taken to
10
bring about compliance with this By -law;
g)
Proof
of
publication
with
the
preceding
ten (
10)
days,
in
a
newspaper of general circulation within the Municipality, of a notice
of intention to apply for an exemption to this By -law, containing the
information
required
by clauses (
a) through (
e), above, and further
stating the date upon which it is intended that the application will be
made to Council.
3)
By -Law Officer
Council
shall
cause one
copy of the application
for exemption
to
be
delivered
to the
By -Law
Officer
and
he /she
shall
prepare
a report
to
Council
forthwith
stating
his /her opinion
on the merits of the application
and
his /her
recommendations
as
to
the
terms
and
conditions
which, in
his /her opinion, should be imposed upon the applicant if the exemption is
granted and Council will not consider the application until it has received
the said report.
4)
Report
The By -Law Officer shall forward a copy of his /her report to the applicant
at the address
shown
on the application
by prepaid
registered
mail
and
shall, not sooner than two weeks after the said mailing, submit the report
to Council and shall, on request, make his /her report available for public
inspection.
5)
Decision
In deciding
whether
to
grant
the
exemption,
Council
shall
consider
the
application, the
report
of
the
By -Law
Officer,
and
written
submission
received by council and made by the applicant following their receipt of the
report of the By -Law Officer and
such
other
submissions, whether written
I1
or oral, and other matters
as it sees fit.
6)
Breach
Any breach by the applicant of any terms or conditions of any exemption
shall immediately render the said exemption null and void.
6.
Offence and Penalty Provisions
6. 1
Any
person
who
contravenes
any
provision(
s) of this
By -law
is guilty
of an
offence
and, upon
conviction,
is subject
to
a fine
as
provided
for
in the
Ontario
Provincial Offences Act and to any other applicable penalties.
6. 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.
7.
General
Provisions
7. 1
The provisions of this By -law shall apply to all lands and premises withing the
Township.
7. 2
All
references
to
legislation
in this
By -law are
references
to
legislation
of the
Province
of
Ontario
as
amended
from
time
to
time,
including
successor
legislation, whether enacted prior to or subsequent to the enactment of this By-
IM
7. 3
Should any section of this By -law be declared invalid by a court of competent
jurisdiction,
such
section
shall
be
construed
as being
severed
from
this By -law
12
and the remainder of this By -law shall continue in full force and effect.
7. 4
The provisions of this By -law shall come into force and effect on the date of its
passing.
READ a FIRST and SECOND time this
7th day of October, 2010.
READ a THIRD
time
and FINALLY PASSED
this
7th day of October, 2010.
ayor, John R.
s
n
Clerk, M. Casavecchia
13
By -law 10 -65
Schedule
1 - General
Prohibitions
1.
Racing of any Motorized Vehicle.
2.
The operation
of a Motor Vehicle
in such a way that the tires squeal.
3.
The operation of any combustion
engine or pneumatic device or construction
equipment without an effective exhaust or intake muffling device in good working
order and in constant operation.
4.
The operation
of a Motor Vehicle or a Motor Vehicle with
a trailer resulting
in
banging, clanking, squealing, or other similar sounds due to improperly secured
load or equipment or inadequate
maintenance.
5.
The operation
of an engine
or a motor
in, or on, any motor vehicle
or item
of
attached
auxiliary equipment
for continuous
period
exceeding
five minutes
or
such other time limit specified
in the by -law controlling the idling of vehicles and
boats, anywhere within the Municipality, where the point of reception
is
in a
Residential
Zone or a Business
Zone, unless:
a)
the original equipment manufacturer specifically recommends longer idling
period
for a normal
and
efficient
operation
of the
motor
vehicle
in which
this case recommended,
shall not be exceeded;
b)
operation of such engine or motors is essential to a basic function of the
motor
vehicle
or
equipment,
including
but
not
limited
to,
operation
of
ready -mix
concrete
trucks,
lift
platforms,
refuse
compactors
or
heat
exchange
systems;
c)
weather
conditions
justify
the
use
of heating
or refrigerating
systems
powered
by the
motor or engine for the
safety
and welfare of the
operations, passenger
or animals, or the preservation
of perishable
cargo,
and the vehicle is stationary for the purpose of delivery or loading; or
d)
the idling
is for the purpose
of cleaning
and flushing
the radiator and the
associated
circulation
system for seasonal change of antifreeze, cleaning
of the fuel
system, carburetor,
or the
like, when
such
work
is performed
other than for profit; or
e)
the vehicle
is
in an
enclosed
structure
constructed
so as to effectively
prevent the emission of the excessive noise.
6.
The use of any mechanical
equipment that is not operating
or being maintained
in accordance with the manufacturers' specifications resulting in noise other than
that
emitted
in the normal
operation of the equipment.
14
7.
The operation
of the horn of a vehicle or other warning device except for required
or authorized by law, or in accordance with good safety practices.
8.
The operation of any outdoor auditory signalling device, including but not limited
to
outdoor paging
systems, the
ringing
of bells
or gongs, the
use
of sirens,
whistles or chimes, or the production, reproduction or amplification of any similar
sounds
by electronic
means
except where
required
or authorized
by law in
association
with
the
operation
of an
emergency
vehicle
or
in
an
emergency
situation or in accordance with good safety practices.
9.
The persistent barking, calling or whining or other similar persistent noise - making
by animals and birds kept as household pets.
10.
Selling or advertising
by shouting, yelling or amplified sound.
11.
The unauthorized
setting off of fireworks.
Schedule 2 -
Noise Prohibitions by Time and Place
Prohibited Times
Activiq
Residential Zones
Other Zones
1.
The operation of construction equipment
8: 00 p. m - 7: 00 a.m.
8: 00 p. m - 7: 00 a.m.
in connection with construction.
2. Erection, alteration, repair, dismantling or
8: 00 p. m - 7: 00 a.m.
8: 00 p. m - 7: 00 a. m.
any other activity related to construction
3.
The operation of any device or group of
8: 00 p. m. -7: 00 a.m.
8: 00 p.m. -7: 00 a.m.
connected
devices
intended
for
the
production,
reproduction
or
amplification
of
voices
or sound
4.
Operation of a combustion
engine that ( i)
8: 00 p. m - 7: 00 a.m.
8: 00 p. m - 7: 00 a.m.
is, or (ii) is used in, or ( iii) is intended for use
in a toy or a model or replica of any device,
which is not a conveyance and which has no
purpose other than amusement.
5.
Venting, release or pressure relief of air,
8: 00 p. m - 7: 00 a.m.
8: 00 p. m - 7: 00 a.m.
steam
or other
gaseous
material, product
or
compound
from
any
autoclave,
boiler,
pressure
vessel, pipe, valve, machine, device
or system.
6. Operation of solid waste bulk lift or refuse
8: 00 p. m - 7: 00 a. m.
8: 00 p. m - 7: 00 a. m.
compacting
equipment.
7.
The
operation
of a commercial
car wash
8: 00 p. m - 7: 00 a.m.
8: 00 p. m - 7: 00 a.m.
with or without air drying equipment.
8.
Operation
of
any
powered
rail
car
8: 00 p. m - 7: 00 a.m.
8: 00 p. m - 7: 00 a.m.
including
but not limited to locomotives,
refrigeration
cars,
self - propelled
passenger
cars, while stationary on property not owned
or controlled by a railway company governed
by the Railway Safety Act ( Canada).
9.
Operation of any motorized conveyance
8: 00 p.m - 7: 00 a.m.
8: 00 p. m - 7: 00 a.m.
other than
on
a highway or other place
intended for its operation.
10. Outdoor operation or use of any powered
8: 00 p. m - 7: 00 a.m.
8: 00 p. m - 7: 00 a.m.
or non - powered
tool
for domestic
purposes
other than snow removal.
11.
Loading, unloading, delivering, packing,
8: 00 p. m - 7: 00 a.m.
8: 00 p. m - 7: 00 a.m.
unpacking
or
otherwise
handling
any
containers,
products,
other
materials
or
refuse, unless necessary
for the maintenance
of essential services or the moving of private
household
effects.
12. Operation of a pit or quarry.
8: 00 p. m - 7: 00 a. m.
8: 00 p. m - 7: 00 a. m.
13.
Take -off or landing of a power- assisted
8: 00 p. m. - 7: 00 a.m.
8: 00 p. m. - 7: 00 a.m.
hang glider, parafoil or aircraft of any type.
14.
Yelling, shouting, hooting, whistling,
8: 00 p. m. - 7: 00 a.m.
8: 00 p. m. - 7: 00 a.m.
singing
or
the
playing
of
musical
instruments,
including
percussion
instruments.
15.
The detonation
of fireworks
except
as
8: 00 p. m. - 7: 00 a.m.
8: 00 p.m. - 7: 00 a.m.
noted in Schedule
1, or explosive devices not
used in construction
16. The discharge of firearms.
8: 00 p. m. - 7: 00 a.m.
8: 00 p. m. - 7: 00 a.m.
17. The operation of any electronic device or
8: 00 p. m. - 7: 00 a.m.
8: 00 p. m. - 7: 00 a.m.
group
of
connected
electronic
devices
incorporating one or more loudspeakers or
other
electromechanical
transducers
and
intended
for the production, reproduction
or
amplification
of sound
18. The operation of any auditory signalling
8: 00 p. m. - 7: 00 a.m.
8: 00 p. m. - 7: 00 a. m.
devices, including
but not limited to the
ringing of bells or gongs and the blowing of
horns or sirens or whistles, or the production,
reproduction or amplification of any similar
sounds
by
electronic
means
except
where
required
or
authorized
by
law
or
in
accordance
with good
safety
practices.
19. Racing of any motorized conveyance
at a
8: 00 p. m. - 7: 00 a.m.
8: 00 p. m. - 7: 00 a. m.
racing facility.
20. Persistent barking, calling or whining or
8: 00 p. m. - 7: 00 a.m.
8: 00 p. m. - 7: 00 a.m.
ther similar persistent noise making by any
domestic pet or any other animal kept or used
for any purpose other than agriculture.
21.
The
operation
of any
item of snow
8: 00 p. m. - 7: 00 a.m.
8: 00 p.m. - 7: 00 a.m.
making
equipment.
22. All selling or advertising by shouting or
8: 00 p. m. - 7: 00 a. m.
8: 00 p. m. - 7: 00 a.m.
outcry
of amplified
sound.
OFFICE OF THE REGIONAL SENIORJUSTICE
ONTARIO
COURT
OF JUSTICE
WEST REGION
80 DUNDAS
STREET, 10'" FLOOR, UNIT
L
LONDON, ONTARIO
N6A 6A8
March 20, 2014
Ms. Michelle
Casavecchia-
Somers
87 John
Street
South
Aylmer, Ontario
N5H 2C3
Dear
Ms. Casavecchia-
Somers:
Q
IkFlll
3tl11111,;
Re: Set Fines - Provincial Offences Act - Part I
By -law Number 10 -65, As Amended, of the Township of Malahide
CABINET
DU JUGE
PRINCIPAL
REGIONAL
COUR
DE JUSTICE
DE
L' ONTARIO
REGION
DE L' OUEST
80, RUE
DUNDAS,
7 0` ETAGE,
UNITE
L
LONDON (
ONTARIO)
N6A 6A8
TELEPHONE / TELEPHONE ( 519) 660 -2292
FAX/ TELECOPIEUR ( 51 9) 660- 3138
Enclosed herewith is the Order, and the schedule of set fines for the above referenced
By -Law,
the By -law indicated in the schedule.
The setting of the fines does not constitute my approval of the short form of wording used to
describe
the offences.
I have forwarded copies of the Order and the schedule of set fines to the Provincial Offences
Court in St. Thomas, together with a certified copy of the By -law.
Yours truly,
Kathleen
E. McGowan
Regional
Senior
Justice
West
Region
Enclosures
Jg
ONTARIO COURT OF JUSTICE
PROVINCIAL
OFFENCES
ACT
PART
I
IT IS ORDERED
pursuant
to the
provisions
of the Provincial
Offences
Act and
the
rules for the Ontario Court of Justice that the amount set opposite each of the
offences
in
the
schedule
of
offences
under
the
Provincial
Statutes
and
Regulations
thereunder
and
Municipal
By -law
No.
10 -65, As Amended, of the
Township of Malahide,
attached hereto are the
set fines for those offences.
This
Order is to take effect March 20, 2014
Dated
at London
this
20th day of March 2014
Kathleen
E. McGowan
Regional
Senior Justice
West
Region
4
P °
Page
1 of 5
SCHEDULE3
TO
BY -LAW NO. 10 -65,
as amended by By -law No. 14 -13,
being a by -law to regulate Noise
Part 1 -- Provincial Offences Act
Item
COLUMN
1
COLUMN
2
COLUMN
3
Short Form Wording
Provision Creating or Defining Offence
Set Fines
1
Noise or Vibration
s. 2. 1, Schedule
1,
1
250. 00
from Racing of
Motorized
Vehicle
2
Noise from squealing
s. 2. 1, Schedule
1, 2
250. 00
of tires, motor vehicle
3
Noise or vibration from
s. 2. 1, Schedule
1, 3
250. 00
engine, pneumatic
device
of construction
equipment without
effective exhaust or
muffler
4
Noise or vibration from
s. 2. 1, Schedule
1, 4
250. 00
Motor
Vehicle
or
Motor Vehicle with
trailer
5
Noise or vibration from
s. 2. 1, Schedule
1, 5
250. 00
idling for period
exceeding five
minutes
in a
Residential Zone or a
Business Zone
6
Noise or vibration from
s. 2. 1, Schedule
1, 6
250. 00
use of mechanical
equipment
Page 2 of 5
7
Noise from horn or
s. 2. 1, Schedule
1, 7
250. 00
warning device
8
Noise from outdoor
s. 2. 1, Schedule
1, 8
250. 00
auditory
signalling
device
9
Persistent Noise by a
s. 2. 1, Schedule
1, 9
250. 00
Pet
10
Noise from Selling or
s. 2. 1, Schedule
1, 10
250. 00
Advertising
11
Noise from
s. 2. 1, Schedule
1, 10
250. 00
Unauthorized
Fireworks
12
Noise or vibration from
s. 3. 1, Schedule
2, 1
250. 00
Operation of
Construction
Equipment between
8: 00 p. m. and 7: 00
a. m.
13
Construction
Noise or
s. 3. 1, Schedule
2, 2
250. 00
vibration between
8: 00
p. m. and 7: 00 a. m.
14
Noise or vibration from
s. 3. 1, Schedule
2, 3
250. 00
Amplified Voices or
Sound between
8: 00
p. m. and 7: 00 a. m.
15
Noise or vibration from
s. 3. 1, Schedule 2, 4
250. 00
Operation of
Combustion
Engine
for the purposes of
amusement
between
8: 00 p. m. and 7: 00
a. m.
16
Noise from Venting,
s. 3. 1, Schedule 2, 5
250. 00
Release or Pressure
Relief
between
8: 00
p. m. and
7: 00
a. m.
Page 3 of 5
17
Noise or vibration
from
s. 3. 1, Schedule 2, 6
250. 00
Operation of waste
bulk life or refuse
compacting
equipment
between 8: 00 p. m.
and 7: 00 a. m.
18
Noise or Vibration
s. 3. 1, Schedule
2, 7
250. 00
from the Operation of
a commercial
car
wash between 8: 00
p. m. and 7: 00 a. m.
19
Noise or Vibration
s. 3. 1, Schedule
2, 8
250. 00
from operation of any
powered
rail car
between
8: 00 p. m.
and
7: 00
a. m.
20
Noise or vibration from
s. 3. 1, Schedule 2, 9
250. 00
Operation or
Motorized
Conveyance, not on a
highway between 8: 00
p. m. and 7: 00 a. m.
21
Noise
or vibration
from
s. 3. 1, Schedule 2, 10
250. 00
outdoor operation
of
tool
between
8: 00
p. m. and 7: 00 a. m.
22
Noise or vibration from
s. 3. 1, Schedule
2, 11
250. 00
un /loading, delivering,
un /packing or
otherwise handling
containers,
products
or other materials or
refuse between 8: 00
p. m. and 7: 00 a. m.
23
Noise
of vibration
from
s. 3. 1, Schedule
2, 12
250. 00
operation of pit or
Page
4 of 5
quarry between 8: 00
p. m. and 7: 00 a. m.
24
Noise or vibration
from
s. 3. 1, Schedule
2, 13
250. 00
take -off or landing of
aircraft between
8: 00
p. m. and 7: 00 a. m.
25
Yelling, shouting,
s. 3. 1, Schedule
2, 14
250. 00
hooting, whistling,
singing music or the
playing
of musical
instruments, including
percussion
instruments
between
8: 00 p. m. and 7: 00
a. m.
26
Noise or vibration from
s. 3. 1, Schedule 2, 15
250. 00
fireworks of explosive
devices
between
8: 00
p. m. and 7: 00 a. m.
27
Noise or vibration from
s. 3. 1,
Schedule
2, 16
250. 00
the discharge or
firearms between
8: 00
p. m. and 7: 00 a. m.
28
Noise or vibration from
s. 3. 1, Schedule 2, 17
250. 00
any electronic device
incorporation
loudspeakers
or other
electromechanical
devices intended to
produce, reproduce
or
amplify sounds
between 8: 00 p. m.
and 7: 00 a. m.
29
Noise or vibration from
s. 3. 1,
Schedule
2, 18
250. 00
the operation
of
auditory signalling
Page
5 of 5
NOTE:
The
penalty
provision
for
the
offence
indicated
above
is
contained
in
Section
6
of
By -
law
No.
10 -
65,
as
amended
by
By -
law
No.
14 -
13,
a
certified copy of which has been filed.
devices or the
production,
reproduction
or
amplification
thereof
by electronic mean
between 8: 00 p. m.
and
7: 00 a. m.
30
Noise or vibration from
s. 3. 1, Schedule
2, 19
250. 00
the facing of any
motorized
conveyance
at a racing facility
between 8: 00 p. m.
and 7: 00 a. m.
31
Persistent noise by a
s. 3. 1, Schedule
2, 20
250. 00
pet between
8: 00 p. m.
and
7: 00
a. m.
32
Noise or vibration from
s. 3. 1, Schedule 2, 21
250. 00
the operation of any
item of snow making
equipment
between
8: 00 p. m. and 7: 00
a. m.
33
Noise from selling or
s. 3. 1, Schedule
2, 22
250. 00
advertising by
shouting, outcry or
amplified
sound
between
8: 00 p. m.
and 7: 00 a. m.
NOTE:
The
penalty
provision
for
the
offence
indicated
above
is
contained
in
Section
6
of
By -
law
No.
10 -
65,
as
amended
by
By -
law
No.
14 -
13,
a
certified copy of which
has been filed.