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THE CORPORATION OF THE TOWNSHIP OF MANITOUWADGE
BY-LAW NO. 2021 - 'J-1
Being a By-Law to Regulate Noise within the Municipality of Manitouwadge.
WHEREAS Section 8(1) of the Municipal Act, 2001, S.O. 2001, c.25, (the
"Municipal Act, 2001") as amended, provides that the powers of a municipality
shall be interpreted broadly to enable it to govern its affairs as it considers
appropriate and to enhance the municipality's ability to respond to municipal
issues;
AND WHEREAS Section 9 of the Municipal Act, 2001, as amended, provides that
a municipality has the capacity, rights, powers, and privileges of a natural person
for the purpose of exercising its authority under this or any other Act;
AND WHEREAS Section 10 of the Municipal Act, 2001, as amended, provides
that a Municipality may provide any service or thing that the municipality
considers necessary or desirable for the public, and in particular paragraphs 5, 6,
and 8 of subsection 10(2), authorize by-laws respecting the economic, social, and
environmental well-being of the municipality; the health, safety and well-being of
persons; and the protection of persons and property;
AND WHEREAS Section 128 of the Municipal Act, 2001, as amended, provides
that a municipality may prohibit and regulate with respect to public nuisances,
including matters that, in the opinion of council, are or could become or cause
public nuisances;
AND WHEREAS Section 129 of the Municipal Act, 2001, as amended, authorizes
municipalities to pass by-laws to regulate and prohibit with respect to noise,
vibration and odour.
AND WHEREAS Section 425 of the Municipal Act, 2001, as amended, provides
that a municipality may pass by-laws providing that a person who contravenes a
By-law of the municipality passed under the Municipal Act, S.O. 2001, c.25, as
amended, is guilty of an offence;
AND WHEREAS Section 429 of the Municipal Act, 2001, as amended, provides
that a municipality may establish a system of fines for offences under a by-law
passed under the Municipal Act, 2001, S.O. 2001, c.25, as amended;
AND WHEREAS Section 436(1) of the Municipal Act, 2001, as amended,
provides that a municipality may enter on land at any reasonable time for the
purpose of carrying out inspections to determine compliance with the by-law;
AND WHEREAS Section 444( 1) of the Municipal Act, 2001, as amended,
provides that where a municipality is satisfied that a contravention of a by-law of
the municipality passed under the Municipal Act, 2001, S.O. 2001, c.25, as
amended, has occurred, the municipality may make an order requiring the person
who contravened the by-law or who caused or permitted the contravention or the
owner or occupier of the land on which the contravention occurred to discontinue
the contravening activity;
AND WHEREAS Section 444(3) of the Municipal Act, 2001, S.O. 2001, c.25, as
amended, provides that any person who contravenes an order under Section
444(1) of the Municipal Act, 2001, S.O. 2001, c.25, as amended, is guilty of an
offence as per Section 425 of the Municipal Act, 2001, S.O. 2001, c.25, as
amended;
NOISE CONTROL BY-LAW
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AND WHEREAS Section 15 of the Police Services Act, R.S.O 1990, c. P.15 as
amended, authorized municipalities to appoint persons to enforce the by-laws of
a municipality and that Municipal Law Enforcement Officers are Peace Officers
for the purpose of enforcing municipal by-laws;
AND WHEREAS the Council of the Corporation of the Township of
Manitouwadge deems it advisable to enact a by-law providing for the reduction of
noise so as to preserve and promote public health, safety, welfare, peace and
quiet of the inhabitants of the Municipality;
NOW THEREFORE, the Council of the Corporation of the Township of
Manitouwadge enacts as follows:
SECTION
1.1
Short Title
PART 1
GENERAL PROVISIONS
This By-law shall be cited as the "Noise Control By-Law".
1.2
Scope
The provision of this By-law shall apply to all property within the
geographical limits of the Municipality, except where otherwise provided;
1.3
Enforcement
This By-law may be enforced by a Municipal Law Enforcement Officer or a
Police Officer.
1.4
Entry Upon Land
Except as provided in Section 1.4( 1) and pursuant to Section 435 and 436
of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, a Municipal Law
Enforcement Officer may enter upon any land or property at any
reasonable time for the purpose of carrying out inspections of or on such
land or property to determine whether or not the following are being
complied with:
a)
this By-law;
b)
a direction or order made under this By-law; or
c)
a prohibition or order made under Section 431 of the Municipal Act,
2001, S.O. 2001, c.25, as amended.
1.4(1) A Municipal Law Enforcement Officer shall not enter an occupied dwelling
unit without first obtaining the informed consent of the occupant(s) who
must be of legal age to provide the said consent.
1.5
Inspection
A Municipal Law Enforcement Officer may, for the purpose of an
inspection under Section 1.4:
a)
require the production for inspection of documents or things
relevant to the inspection;
b)
inspect and remove documents or things relevant to the inspection
for the purpose of making copies or extracts;
c)
require information in writing or otherwise as required by the
Municipal Law Enforcement Officer from any person concerning a
matter related to the inspection;
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d)
alone or in conjunction with a person possessing special or expert
knowledge, make examinations or take tests, samples or
photographs necessary for the purpose of the inspection.
1.6
Obstruction
No person shall hinder or obstruct or attempt to obstruct any person
exercising a power or performing a duty under this By-law. Municipal Act,
2001, S.O. 2001, c.25, s. 426(1), as amended.
1.6(1) Any person who has been alleged to have contravened any of the
provisions of the By-law, shall identify themselves to the Officer upon
request, failure to do so shall be deemed to have obstructed or hindered
the Officer in the execution of his or her duties.
1.6(2) False Statement
The making of a false or intentionally misleading statement or
representation in any agreement or request for permission provided for by
this By-law shall be deemed to be a violation of the provisions of this By-
law.
1.6(3) A person shall not knowingly make a false or misleading statement to an
administrator or any person who is acting under the authority of this By-
law.
1. 7
Administration/Delegation
The Clerk's Office shall be responsible for the administration of this By-
law.
1.7(1) The Clerk's Office may delegate the performance of any one or more of his
or her functions under this By-law to one or more persons and may impose
conditions upon such delegation and may revoke any such delegation at
any time.
The Clerk's Office may continue to exercise any function delegated during
the delegation.
1. 7(2) Any person may apply to the Clerk's Office for a temporary noise permit to
authorize the making of sound arising from one of the following activities:
a)
construction; or
b)
the use of sound Reproduction Equipment as part of a Special
Event;
1.8
Severability / Conflicts
If any section, subsection, clause, sentence, word, part or parts of this By-
law is declared by any court of law to be invalid, illegal or beyond one's
legal authority, such section, subsection, clause, sentence, word, part or
parts shall be deemed to be severable and all parts hereof are declared to
be separate and independent and enacted as such.
1.8(1) Nothing in this By-law relieves any person from complying with any
provision of any Federal or Provincial Legislation or any other By-law of
the Municipality.
1.8(2) Where a provision of this By-law conflicts with a provision of another By-
law in force in the Municipality or any Provincial or Federal Legislation, the
provision that establishes the higher standard to protect the health, safety
and welfare of the general public shall prevail.
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1.8(3) The Clerk of the Corporation of the Township of Manitouwadge is
authorized to make minor modifications or corrections of a grammatical or
typographical nature to the By-law and schedules after the passage of this
By-law where such modifications or corrections do not alter the intent of
the By-law.
1.9
Interpretation
In this By-law:
1.9(1) Unless specifically modified or changed herein, words or expressions used
by this By-law have the same meaning as given or used in the Municipal
Act, 2001, S.O. 2001, c.25, as amended;
1.9(2) "may" shall be constructed as permissive;
1.9(3) "shall" shall be construed as imperative;
1.9(4) The words "include", "includes", "including", and "included" are not to be
interpreted as restricting or modifying the words or phrases which precede
them;
1.9(5) Whenever this By-law refers to a person or thing with reference to gender
or the gender neutral, the intention is to read the By-law with the gender
applicable to the circumstances;
1.9(6) The captions articles and section names and numbers appearing in this
By-law for convenience of reference only and have no effect on its
interpretation;
1.9(7) Specific references to laws in the By-law are printed in italic font and are
meant to refer to the current laws applicable with the Province of Ontario at
the time the By-law was enacted, as they are amended or replaced from
time to time;
1.9(8) Reference to time of the day in this By-law are references to time in effect
in the Municipality.
1.9(9) The obligations imposed by this By-law are in addition to obligations
otherwise imposed by law or contract.
PART2
DEFINITIONS
Definitions of words, phrases and terms used in this By-law that are not
included in the list of definitions in this section shall have the meaning which
are commonly assigned to them in the context in which they are used in this
By-law. The words, phrases and terms used in this section have the
following meaning for the purpose of this By-law.
SECTION
2.1
"All-Terrain Vehicle" shall mean an off-road vehicle that:
a)
has four wheels, the tires of all of which are in contact with the
ground;
b)
has steering handlebars;
c)
has a seat that is designed to be straddled by the driver; and
d)
is designed to carry,
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(i) a driver and no passenger, or
(ii) a driver and only one passenger, if the vehicle,
(a) has one passenger seat that is designed to be straddled
by the passenger while sitting facing forward behind the
driver, and
(b) is equipped with footrests for the passenger that are
separate from the footrests for the driver;
2.2
"Animal" shall mean any member of the animal kingdom, other than a
human;
2.3
"Aircraft" shall mean aircraft movement at the Manitouwadge Airport and
helicopter movement at Sante Manitouwadge Health;
2.4
"By-Law" shall mean this By-law, as it may be amended from time to
time. The Recitals to, and the Schedules attached to this By-law are
considered integral parts of it;
2.5
"Clerk" shall mean the Clerk for The Corporation of the Township of
Manitouwadge;
2.6
"Construction" shall mean and includes but not limited to erection,
alteration, repair, dismantling, demolition, structural maintenance, painting,
moving, land clearing, earth moving, grading, excavation, blasting and
detonation of explosive devices other than fireworks, the laying of pipe and
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 associated or related work;
2.7
"Construction Equipment" shall mean any equipment or device
designed or intended for use in construction or material handling, including
but not limited to air compressors, pile drivers, pneumatic or hydraulic
tools, bulldozers, tractors, excavators, trenchers, cranes, derricks, loaders,
scrapers, pavers, generators, off-highway haulers, trucks, ditchers,
compactors and rollers, pumps, concrete mixers, graders or other material
handling equipment;
2.8
"Council" shall mean the Council of the Corporation of the Township of
Manitouwadge;
2.9
"Dwelling Unit' shall mean a building or part of a building consisting of at
least a washroom, a room with cooking facilities, and a sleeping area
meeting all appropriate municipal and other requirements to be a self-
contained living quarters that provides or is capable of providing a
residence for one or more persons;
2.10
"Emergency" shall mean a situation or an impeding situation, often
dangerous, caused by the force of nature, an accident, an intentional act
or otherwise, which arises suddenly and calls for prompt action;
2.11
"Emergency Vehicle" shall mean and includes but not limited to, a land
ambulance, an air ambulance, a fire department vehicle, and a motor
vehicle being used to respond to an emergency;
2.12
"Generator" shall mean in electricity generation, an internal combustion
engine that converts motive power into electrical power for use in an
external circuit;
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2.13
"Highway" shall mean a common and public highway and includes
any bridges, trestle, viaduct, pathway, or other structure forming
part of the highway, and except as otherwise provided, includes a
portion of a highway and the area between the lateral property lines
thereof;
2.14
"Motor Vehicle" shall mean and includes but not limited to an
automobile, bus, truck, motorcycle, motor assisted bicycle unless
otherwise indicated in the Highway Traffic Act, R.S.O. 1990, c. H.8,
as amended, and any other Vehicle propelled or driven otherwise by
muscular power, but does not include a streetcar or other motor
vehicles running upon rails, or a motorized snow vehicle, traction
engine, farm tractor, self propelled implement of husbandry or road-
building machine within the Highway Traffic Act, R.S.O. 1990, c.
H.8, as amended;
2.15
"Motorcycle" shall mean a self-propelled vehicle having a seat or
saddle for the use of the driver and designed to travel on not more
than three (3) wheels in contact with the ground, and includes a
motor scooter and a dirt bike but does not include a motor assisted
bicycle;
2.16
"Motorized Snow Vehicle" shall mean a self-propelled vehicle
designed to be driven primarily on snow;
2.17
"Multi-Purpose Off-Highway Utility Vehicle" shall mean an off-
road vehicle that:
a)
has four or more wheels, the tires of which are all in contact
with the ground,
b)
has a steering wheel for steering control,
c)
has seats that are not designed to be straddled, and
d)
has a minimum cargo capacity of 159 kilograms;
2.18
"Municipal Law Enforcement Officer" shall mean a duly
authorized person appointed by the Council of the Township of
Manitouwadge to enforce the By-laws of the Municipality and that
Municipal Law Enforcement Officers are Peace Officers for the
purpose of enforcing Municipal By-laws;
2.19
"Municipal Service Vehicle" shall mean a vehicle operated by or
on behalf of the Municipality or a contractor retained by the
Municipality while the vehicle is being used for the construction,
repair or maintenance of the highway including the clearing and
removal of snow; construction, repair, maintenance of a municipal
utility, or the collection or transportation of waste or other municipal
purpose;
2.20
"Municipality" shall mean the same as Township of
Manitouwadge;
2.21
"Noise" shall mean sound that is unusual or excessive, or that is
unwanted by or disturbing to persons;
2.22
"Officer" shall mean a Municipal Law Enforcement Officer or a
Police Officer;
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2.23
"Off-Road-Motorcycle" shall mean an off-road vehicle designed
primarily for recreational use, that:
(a) has steering handlebars,
(b) has two wheels, the tires of which are all in contact with the ground,
(c) has a minimum wheel rim diameter of 250 millimeters,
(d) has a minimum wheelbase of 1,016 millimeters,
(e) has a seat that is designed to be straddled by the driver,
(f) is designed to carry a driver only and no passengers, and
(g) does not have a sidecar;
2.24
"Person" shall mean and includes an individual, a sole
proprietorship, a partnership, an unincorporated association, a trust
and a corporation;
2.25
"Premises" shall mean and includes a piece of land and any
buildings and structures on it, a place of business, road, and any
other location or place;
2.26
"Point of Reception" shall mean any point on the premises of a
person where sound or vibration originating from other than those
premises is received;
2.27
"Services and Charges By-law" shall mean the Corporation of the
Township of Manitouwadge Services and Charges By-law provided
by the Municipality, as amended from time to time;
2.28
"Sound Amplifying System" shall mean any system of
loudspeakers, amplifiers, microphones or reproducers or any
combination of such equipment, including electronic devices or
electro-mechanical transducers, used in the reproduction or
amplification of music, speech or other sounds;
2.29
"Sound Reproduction Device" shall mean 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, phonograph, or Sound Amplifying System;
2.30
"Special Event" shall mean and includes an event of significant
community profile which benefits the entire community; and a
community celebration of special importance that will benefit the
entire community; and an event where the public gather to
participate in athletic, social, religious, cultural, recreational,
educational or other activities with community objectives;
2.31
"Timber Industry Operations" shall mean any work, including the
equipment required to carry out such work;
2.32
"Vehicle" shall mean and includes a motor vehicle, trailer, tractor
engine, farm tractor, road building machine, motorcycle, bicycle,
and any vehicle drawn, propelled or driven by any kind of power,
including muscular power, but does not include a motorized snow
vehicle, or the cars or electric or steam railways running only upon
rails.
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SECTION
3.
Unusual Sound
PART3
REGULATIONS - NOISE
Except as otherwise specifically provided for in this By-law, no
person shall cause or permit any unusual sound or authorize the
making or causing of any unusual sound, or authorize or permit the
continuation of any unusual sound, if the unusual sound, at the
point of reception, is likely to disturb the inhabitants of the Township
of Manitouwadge as outlined in Schedule "A" attached to this By-law
and forms a part of this By-law.
3.1
Sound Prohibited During Fixed Hours.
Except as otherwise specifically provided for in this By-law, no
person shall cause or permit any sound from any of the following
activities, during the hours from 10:00 p.m. of one day and 7:00
a.m. of the next following day, if the sound, at the point of reception
is of a type likely to disturb the inhabitants of the Township of
Manitouwadge as outlined in Schedule "B" attached to this By-law
and forms a part of this By-law.
3.2
Application- Multiple Prohibitions
Where a source of sound is subject to more than one prohibition in
this By-law the most restrictive provision shall prevail.
SECTION
4.
Exemptions
PART4
EXEMPTIONS
Despite any other provision in this By-law, Section 3 and Section
3.1 of this By-law shall not apply to the exemptions or
circumstances outlined in Schedule "C" attached to this By-law and
forms a part of this By-law.
SECTION
PARTS
PERMITS
5.
Temporary Noise Permit
Any person may apply for a temporary noise permit to authorize the
making of sound arising from one of the following activities:
a) Construction; or
b) The use of sound reproduction equipment as part of a special
event.
5.1
An applicant for a temporary noise permit under Section 5, shall
submit to the Clerk's Office, at least twenty (20) days prior to the
commencement of the activity for which the temporary noise permit
is sought:
a)
An application in writing, in the form determined by the
Clerk's Office, from time to time, and including:
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i) the name and contact information of the applicant;
ii) a description of the source of the sound and
resulting noise in respect of which the temporary noise
permit is sought;
iii) the location of the special event or construction
activity for which the temporary noise permit is sought;
iv) the provision or provisions of this By-law for which
the temporary noise permit is sought and the terms
being requested;
v) the rational for the temporary noise permit;
vi) the days and hours for which the exemption is
sought; and
vii) the name and contact information of the contact
person or persons who will be supervising the
activities for which the temporary noise permit is
sought and who will be available to address concerns
raised by persons within the area where the noise is
heard;
b)
Other information or documentation requested by the Clerk's
Office to assist him or her to assess the application; and
c)
Any application fee established in accordance with the
Services and Charges By-law, amended from time to time.
5.1 (1) The application fee shall be non-refundable.
5.1 (2) The Clerk's Office may circulate the application to other Municipal
departments and the local Ontario Provincial Police for input.
5.2
Refusal of Permits
The Clerk's Office may refuse to issue the temporary noise permit if:
a)
The application was not submitted in the time frame provided
in Section 5.1;
b)
The application is not complete;
c)
In the opinion of the Clerk's Office, the event or activity for
which the temporary noise permit is sought does not qualify
for a temporary noise permit in accordance with Section 5;
or,
d)
After due consideration of the factors in Section 5.3 (b), it is
the opinion of the Clerk's Office that it is not appropriate to
issue a temporary noise permit.
5.2(1) The Clerk's Office shall notify the applicant of:
a)
The decision and particulars of the reason for the refusal to
issue or renew the temporary noise permit; and
b)
Any right to request a hearing to appeal before Council and
process to do so.
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5.3
Issuance of Permit
The Clerk's Office may issue a temporary noise permit:
a)
If there are no grounds to refuse the application pursuant to
Section 5.2 (a), (b) or (c);
b)
In the opinion of the Clerk's Office it is appropriate to issue
the temporary noise permit after a due consideration of:
i) any negative effects the issuance of the temporary
noise permit may have on neighbouring properties or
on the Municipality;
ii) any benefits the issuance of the temporary noise
permit may have for neighbouring properties or for the
Municipality;
iii) any previous violations of this By-law;
iv) any previous violations by the applicant of
conditions of a temporary permit;
v) any input received pursuant to Section 5.1 (2); and
vi) any other matter the Clerk's Office reasonably
considers relevant:
5.3(1) In issuing a temporary noise permit, the Clerk's Office:
a)
Shall Identify:
i) the location and type of activity authorized;
ii) the type of sounds that are authorized;
iii) the days and times during which the sound is
authorized; and
b)
May impose conditions suitable to the circumstances.
5.4
Permit
A temporary noise permit is issued by the Clerk's Office signing and
dating the temporary noise permit.
5.4(1) The Clerk's Office shall deliver the temporary noise permit to the
applicant and notify the applicant of any right to request a hearing
before Council and the process to do so.
5.4(2) A temporary noise permit issued under this By-law, if not earlier
revoked, shall expire on the date set out in the temporary noise
permit.
5.5
Revocation of a Permit
The Clerk's Office may revoke a temporary noise permit issued
under this By-law if, in the opinion of the Clerk's Office, there is a
failure to comply with the terms and conditions of the temporary
noise permit. Notice of the revocation may be given in writing, or
may be given orally and followed by notice in writing. Written notice
may be addressed to the applicant at the address in the application
for the permit. Notice is deemed effective immediately, if given orally
and deemed effective the fifth day after mailing, if the notice is given
only by mail, whether or not the notice is actually received.
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5.6
No person to whom a temporary noise permit has been issued
permitting the making of sound contrary to this By-law, shall make,
cause or permit the making of sound or the continuation of any
sound contrary to the terms and conditions of the temporary noise
permit.
SECTION
PARTS
APPEAL TO COUNCIL
6.
Appeal to Council
The applicant for a temporary noise permit under this By-law may
appeal to Council:
a)
A refusal to issue a temporary noise permit where such
refusal is based on the exercise of the Clerk's Office
discretion under Section 5.2 (d); or
b)
Any condition imposed by the Clerk's Office as a condition of
the temporary noise permit.
6.1
An applicant entitled to request a hearing before Council pursuant to
Section 6, may apply in writing to the Clerk's Office for a hearing
and shall submit with such application, an administrative fee in an
amount determined in accordance with the Services and Charges
By-law, amended from time to time.
6.2
On receipt of a request for a hearing, the Clerk's Office shall review
the request to determine if the request is based on grounds
provided for in this By-law and that the administrative fee in an
amount determined in accordance with the Services and Charges
By-law, amended from time to time, has been paid and if same is in
order, shall set a date, time and place for a hearing of the appeal
before the Council and give notice of the date, time and place of the
hearing to the applicant for the hearing.
6.3
On the date and time scheduled for the hearing, or such later date
as may be set or consented to by Council, Council may hear and
view any evidence provided by the Clerk's Office and by the
applicant for the hearing and may:
a)
Uphold the decision to refuse to issue the temporary noise
permit, based on any grounds open to the Clerk's Office or
may authorize the issuance of the temporary noise permit
and set any conditions for the issuance of the temporary
noise permit in accordance with Section 5.3(1 ); or
b)
uphold, remove, alter or add any condition of the temporary
noise permit based on any grounds open to the Clerk's
Office.
6.4
Upon Council reaching a decision, the Clerk's Office shall give
notice of the decision in writing to the applicant for the hearing, and
shall where appropriate, issue the temporary noise permit as
directed by Council or issue an amended temporary noise permit
reflecting the conditions imposed by Council.
6.5
Any conditions of a temporary noise permit issued by the Clerk's
Office remain in effect unless and until altered or removed by
Council.
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6.6
The onus is on the applicant for a temporary noise permit to provide
evidence to the satisfaction of the Clerk's Office that the applicant is
entitled to the issuance of the temporary noise permit or to have any
condition of the temporary noise permit altered or removed.
SECTION
PART7
CONFIDENTIAL INFORMATION
7.
Confidential Information
7.1
All information submitted to and collected by the municipality, will,
except as otherwise provided in this Section, be available for
disclosure to the public in accordance with the Municipal Freedom
of Information and Protection of Privacy Act, R.S.O. 1990, c.M.56
(MFIPPA).
7.2
In the event that any person in submitting information to the
Municipality, the Clerk's Office or to the Manager of the Protective
Services Department in any form, as required under this By-law,
where such information is confidential or proprietary or otherwise
may be exempt from disclosure under the Municipal Freedom of
Information and Protection of Privacy Act, R.S.O. 1990, c.M.56
(MFIPPA), the person submitting the information shall so identify
that information upon its submission to Municipality, the Clerk's
Office or to the Manager of the Protective Services Department and
shall provide sufficient details as to the reason for its purported
exemption from disclosure.
SECTION
PARTS
ORDERS
8.
Discontinue Activity Order
8.1
If an Officer is satisfied that a contravention of this By-law has occurred,
the Officer may make a 'Discontinue Activity Order' requiring the person
who contravened the By-law or who caused or permitted the contravention
or the owner or occupier of the property on which the contravention
occurred to discontinue the contravening activity.
8.2
Pursuant to Section 8.1, the 'Discontinue Activity Order' shall set out:
a)
Reasonable particulars of the contravention adequate to identify the
contraventions and the location of the property on which the
contravention occurred; and
b)
The date and time by which there must be compliance with the
order.
8.2
An order to discontinue contravening activity made under Section 8.1, may
be served:
a)
By regular, registered or certified mail to the last known address of,
as the case may be, the person who contravened the By-law or who
caused or permitted the contravention or the owner of the property
on which the contravention occurred, in which case it shall be
deemed to have been given on the fifth day after it was mailed;
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BY-LAW NO. 2021-27
b)
By an Officer placing a placard containing the order in a
conspicuous place on the property where the contravention
occurred, in which case it shall be deemed to have been given on
the day of the placement of the placard on the property;
c)
Personally, as the case may be, on the person who contravened the
By-law or who caused or permitted the contravention or the owner
of the property on which the contravention occurred.
SECTION
9.
Penalties
PART9
PENALTIES
a)
Every 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 in the Provincial Offences Act, R. S. 0. 1990, c.
P.33, as amended;
b)
Every person who contravenes any provision of this By-law
and any director or officer of a corporation who knowingly
concurs in such contravention is guilty of an offence as
provided for in subsection 429(1) of the Municipal Act, 2001,
S.O. 2001, c.25, as amended, and all such offences are
designated as continuing offences as provided for in
subsection 429(2) of the Municipal Act, 2001, S.O. 2001, c.
25, as amended;
c)
A person who is convicted of an offence under this By-law is
liable, for each day or part of a day that the offence continues
to a maximum fine of $10,000.00 and the total of all daily
fines for the offence is not limited to $100,000.00 as provided
for in subsection 429(3)2 of the Municipal Act, 2001, S. 0.
2001, c.25, as amended;
d)
Any person who contravenes an order made under Section
444 of the Municipal Act, 2001, S.O. 2001, c.25, as
amended, is guilty of an offence;
e)
When a person has been convicted of an offence under this
By-law, in any court of competent jurisdiction, the sitting
Judge or Justice of the Peace may in addition to any penalty
imposed on the person convicted, issue an order:
i) Prohibiting the continuation or the repetition of the
offence by the person convicted; and
ii) Requiring the person convicted to correct the
contravention in the manner and within the period that
the court considers appropriate; and
iii) Imposed any other discretionary conditions that the
court desires.
Page 13 of 20
NOISE CONTROL BY-LAW
PART 10
REPEALS - COMING INTO FORCE
SECTION
10.
Repeals
BY-LAW NO. 2021-_!l.1
Be it further enacted that the following By-law and all amendments to
the said By-law hereinafter set forth is hereby repealed: By-law No.
98-09.
10.1
Coming into Force
THAT this By-law shall come into force on the date of its final passing.
READ A 1ST AND 2ND TIME this 14th day of July. 2021 and
READ A 3rd TIME AND FINALLY ENACTED this~ day of¥, 2021 .
eough, Clerk
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THE CORPORATION OF THE TOWNSHIP OF MANITOUWADGE
SCHEDULE "A"
TO
BY-LAW 2021-~
Section 3
NOISE REGULATION
Without limiting the generality of Section 3, the following are deemed to be
noises that will disturb or are likely to disturb an inhabitant of Manitouwadge
Township:
a)
The noise 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;
b)
Persistent barking, calling, or whining or other similar persistent
noisemaking by any domestic pet or any other animal kept or used for
any purpose;
c)
Persistent yelling, shouting, screaming, whistling, hooting, or singing;
d)
The operation of a stereo or other electronic device designed to amplify
sound in, or on, a motor vehicle in such a way that the sound can easily
be heard outside of the motor vehicle;
e)
The operation of any pump, filtration system device for an outdoor
swimming pool, hot tub, spa, fountain or water feature, which is not in
good working order;
f)
The operation of any exhaust fan, exhaust system, intake fan,
generator, including a combustion exhaust of a high efficiency furnace,
which is not in good working order;
g)
The operation of any air conditioner, heat pump, compressor,
condenser, chiller, cooling tower or similar device which is not in good
working order;
h)
The noise made by air conditioning equipment which is likely to disturb
the peace, comfort or repose of any person in a dwelling unit;
i)
The sounding of any alarm, bell, horn, siren or other warning device for
an unnecessary or unreasonable period of time;
j)
The operation of the horn of a vehicle or other warning device except
where required or authorized, or in accordance with good safety
practice;
k)
The operation of a generator, if used other than during a power outage
or emergency to supply electrical power to a dwelling except as
otherwise specifically provided for in this By-law;
I)
The detonation of firecrackers or fireworks, except as provided in
Section 2.3 of By-law 2009-08 of the Corporation of the Township of
Manitouwadge;
m)
The operation of a combustion engine, motor or pneumatic device
without an effective exhaust intake-muffling or other sound attenuation
device, which device is in good working order and in constant
operation;
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NOISE CONTROL BY-LAW
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n)
The operation of a motor vehicle in such a way that the tires squeal;
o)
The operation of a motor vehicle or motorized snow vehicle in a race;
p)
The operation of a vehicle in a manner that results in banging, clanking,
squealing or similar sounds because of inadequate maintenance or an
improperly secured load;
q)
The operation of a motor vehicle licensed under the Highway Traffic
Act, R.S.O. 1990, c. H.8, as amended, The Motorized Snow Vehicle
Act, R.S.O. 1990, c. M.44, as amended or The Off-Road Vehicles Act,
R.S.O. 1990, c. 0.4, as amended, without the original manufacturer's
muffler system, or an equivalent muffler system;
r)
The operation of an engine or motor in, or on, any motor vehicle or item
of attached auxiliary equipment for a continuous period exceeding ten
minutes, while such vehicle is stationary in a Residential Zone, unless:
i. the original equipment manufacturer specifically recommends a
longer idling period for normal and efficient operation of the motor
vehicle in which case such recommended period shall not be exceeded;
or
ii. operation of such engine or motor is essential to a basic function of
the vehicle or equipment, including but not limited to, operation of
ready-mixed concrete trucks, lift platforms and refuse compactors; or
iii. weather conditions justify the use of heating or refrigerating systems
powered by the motor or engine for the safety and welfare of the
operator, passengers or animals, or the preservation of perishable
cargo, and the vehicle is stationary for purposes of delivery or loading;
or,
iv. prevailing low temperatures make longer idling periods necessary
immediately after starting the motor or engine; or,
v. the idling is for the purpose of cleaning and flushing the radiator and
associated circulation system for seasonal change of antifreeze,
cleaning of the fuel system, carburetor or the like, when such work is
performed other then for profit.
s)
The operation of a Motor Vehicle, All-Terrain Vehicle, Multi-Purpose
Off-Highway Utility Vehicle or a Motorized snow Vehicle other than on a
Highway;
t)
The operation of any item of construction equipment without an
effective exhaust intake - muffling or other sound attenuation device,
which device is in good working order in constant operation;
u)
Any unwanted or meaningless sound that in the opinion of the Officer is
likely to disturb the inhabitants of the Township of Manitouwadge.
v)
Except in the case of an emergency, it is unlawful for the driver of any
vehicle to use or operate, or cause to be used or operate, within the
town limits of the Township of Manitouwadge, any compression brake,
engine brake, dynamic brake or mechanical exhaust device designed to
assist in the deceleration or braking of any motor vehicle, if such device
or devices result in excessive, loud or otherwise unusual noise and
thereby disturbs the peace, comfort or repose of any person.
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THE CORPORATION OF THE TOWNSHIP OF MANITOUWADGE
SCHEDULE "B"
TO
BY-LAW 2021-fil
Section 3.1
NOISE REGULATION
a)
The operation of any manufacturing business;
b)
The operation of any repair shop;
c)
Construction or the operation of construction equipment or a vehicle
or other engine or machine used in connection with construction; or
d)
The use or operation of a lawnmower, chainsaw, leaf-blower snow-
blower or other such noise-generating tool or device.
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THE CORPORATION OF THE TOWNSHIP OF MANITOUWADGE
SCHEDULE "C"
TO
BY-LAW 2021-~
Section 4
NOISE REGULATION
The Following are Exemptions to Section 3 and 3.1 of this By-law:
a)
The use of bells or chimes normally associated with religious
building or uses;
b)
The operation of vehicles, including the sounding of sirens, of the
Provincial or Federal Police, the Manitouwadge Fire Department and
Paramedic Services, while in the performance of their duty;
c)
The operation of vehicles and equipment utilized for the clearing and
removal of snow from public and private property;
d)
A matter of public necessity or public emergency;
e)
The use or operation of any equipment, machines or facilities
associated with timber industry operations or the noise produced
from or associated with timber industry operations.
f)
Aircraft movement at the Manitouwadge Airport and helicopter
movement at Sante Manitouwadge Health;
g)
Any activity that is integral to the operation of any airport within the
legislative authority of the federal or provincial government;
h)
The discharge of fireworks if such discharge complies with the
Corporation of the Township of Manitouwadge Fireworks By-law
2009-08 as amended or replaced from time to time;
i)
Activity from industrial uses if sound is in accordance with the terms
and conditions of a valid Certificate of Approval, provisional
Certificate of Approval or other approval issued under the
Environmental Protection Act, R.S.O. 1990, c. E.19 as amended,
where such approval addresses sound as a source of contamination;
j)
The operation of machinery by or on behalf of a public utility where
work needs to be done to minimize service interruptions;
k)
The use of sound reproduction equipment:
i) as part of a special event, provided a temporary noise permit has
been issued pursuant to this By-law authorizing such sound is within
the permitted hours and conditions of the temporary noise permit; or
ii) within an enclosed structure that is licenced under the Liquor
Licence Act, R.S.O.1990, c. L.19, as amended or replaced, during
the times that the Liquor Licence permits the sale of alcoholic
beverages;
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NOISE CONTROL BY-LAW
BY-LAW NO. 2021-27
I)
The operation of machines and equipment by or on behalf of the
Municipality for municipal activities or purposes, including but not
limited to the operation of machines and equipment for the purpose
of: collection or disposal of garbage, waste, compostable or
recyclable materials; highway clearing or maintenance; grass cutting
or field maintenance equipment; tree or shrub pruning or mulching;
painting of crosswalks and highways;
m)
The operation of construction equipment associated with the
rehabilitation, reconstruction, general maintenance or emergency
maintenance of the Municipality highways;
n)
Construction, the operation of construction equipment or a vehicle or
other engine or machine being used in connection with construction
conducted during the hours and in accordance with any conditions
as set out in a temporary noise permit issued under this By-law; and
o)
A snow-blower may be used, if the amount of snow is such that a
person can't safely access/leave their place of abode;
p)
Noise related to the delivery of goods to the following destinations,
under the Municipal Act, 2001, S.O. 2001, c.25, Section 130, as
amended:
1. Retail business establishments;
2. Restaurants, including cafes and bars;
3. Hotels and motels; and
4. Goods distribution facilities.
Page 19 of 20
NOISE CONTROL BY-LAW
BY-LAW NO. 2021-27
Page 20 of 20
)
...J
THE CORPORATION OF THE TOWNSHIP OF MANITOUWADGE
August 11, 2021
Session No. 2021- ~"33
Moved by:
RESOLVED THAT: Council is in receipt of Administration Report ADM2021-30
submitted by Florence Maclean, CAO regarding a Noise Bylaw, Third Reading;
AND BE IT FURTHER RESOLVED THAT: upon conclusion of Council's review and
consideration:
~ 01
THAT Council passes the final reading of the Noise Bylaw, as
presented at the August 11, 2021 Council meeting, Being a Bylaw to
Prohibit Noise within the Township of Manitouwadge; and further,
THAT Council rescinds Bylaw 98-09, Being a Bylaw to Control Noise.
Recorded Vote
FOR
AGAINST
Councillor David Arcia
Councillor Kathy Hudson
Councillor Jim Moffat
Councillor Mike Scapinello
Mayor John MacEachern
-
/