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The Municipality of
^"^tay
EST. 1872
BY-LAW NO. 2023-25
DATE: June 21, 2023
MOVED BY: Councillor Hamer
SECONDED BY: Councillor Blower
THAT By-law No. 2023-25
Being a By-Law to prohibit and regulate noise within
The Municipality of McDougall and to repeal By-Law
No. 97-01 and all its amending By-Laws in their
entirety.
be introduced and read a FIRST and SECON
me.
Carried
Defeated
MOVED BY: Councillor r
SECONDED BY: Councillor Hamer
Signature
Signature
THAT By-law No. 2023-25 be read a THIRD time, PASSED, SIGNED and
^
SEALED this /^ day of '5^1^
Carried
3.
Defeated
Signature
Signature
DIVISION LIST
FOR
First and Second Reading
Councillor Blower
Councillor Constable
Councillor Hamer
Councillor Ryman
Mayor Robinson
Third Reading
Councillor Blower
Councillor Constable
Councillor Hamer
Councillor Ryman
Mayor Robinson
AGAINST
THE CORPORATION OF THE MUNICIPALITY OF MCDOUGALL
BY-LAW NO. 2023-25
Being a By-Law to prohibit and regulate noise within the
Municipality of McDougall and to repeal By Law No 97-01
and all of its amendin B -Laws in their entiret
WHEREAS Sections 8, 9 and 10 of the Municipal Act, 2001 5.0. 2001 authorize the
Municipality of McDougall to pass by-laws that regulate or prohibit necessary or
desirable municipal purposes, and authorize 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 animals;
AND WHEREAS Section 129 of the Municipal Act, 2001, 5.0. 2001 provides authority
for municipalities to prohibit and regulate noises and vibrations;
AND WHEREAS Section 425 of the Municipal Act, 2001, 5.0. 2001 authorizes
municipalities to pass by-laws providing that a person who contravenes a by-law of The
Municipality of McDougall passed under that Act is guilty of an offence;
AND WHEREAS Section 436 of the Municipal Act, 2001 5. 0. 2001 provides that the
municipality has the power to pass by-laws that the municipality may enter on land at
any reasonable time for the purpose of carrying out an inspection to determine
compliance with a by-law, direction, order, or condition of license;
AND WHEREAS Section 444 of the Municipal Act, 2001, 5.0. 2001 provides that 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 any
person who contravenes such an order is guilty of an offence;
AND WHEREAS Section 23. 1 of the Municipal Act, 2001 5.0. 2001 authorizes a
municipality to delegate its powers and duties to a person;
AND WHEREAS the Municipality recognized that excessive or inadequately controlled
sound or vibration may impair public health, safety and welfare and may become a
nuisance;
NOW THEREFORE, THE CORPORATION OF THE MUNICIPALITY OF MCDOUGALL
HEREBY ENACTS THE AS FOLLOWS:
1. Short title
1. 1. This By-Law may be known as the "Noise By-Law"
2. Definitions
2. 1. "Authorized Emergency Vehicle" includes any ambulance or hearse, any
vehicle of the fire department, any vehicle of the local, provincial or federal
police, any vehicle (including a snow plough) operated by or for the Municipality
or a public utility company while actively engaged in the construction,
maintenance or repair of any highway, or any equipment or facilities thereon, or
THE CORPORATION OF THE MUNICIPALITY OF MCDOUGALL
BY-LAW NO. 2023-25
a snow plough or other maintenance vehicle operated by or for the Ministry of
Transportation;
2.2. "Construction" includes erection, alteration, repair, dismantling, demolition,
structural maintenance, painting, moving, land clearing, earth moving, grading,
excavating, 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 work in connection therewith;
"construction" excludes activities associated with the operation at waste and
snow disposal sites
2. 3. "Construction Equipment" means any equipment or device designed and
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 or trucks, ditchers, compactors and rollers, pumps,
concrete mixers, graders, or other material handling equipment;
2.4. "Conveyance" means the operation of any Motor Vehicle, Off Road Vehicle and
any other vehicle used to transport a person or goods from place to place and
includes any operation on the same property;
2. 5. "Council" means the Council of The Corporation of the Municipality of
McDougall:
2.6. "Dwelling Unit" means a room or rooms in which a kitchen, living quarters and
sanitary conveniences are provided for the exclusive use of the residents and
with a private entrance from outside the building or from a common hallway or
stairway inside;
2. 7. "Municipality" means The Corporation of the Municipality of McDougall;
2.8. "Noise" means sound or vibration that is of such volume, level or nature that is
likely to disturb the inhabitants of the Municipality;
2. 9. "Officer" means a Municipal Law Enforcement Officer, a Police Officer or any
other person designated by Council as responsible for the administration of this
By-law from time to time.
2. 10.
"Person" or any expression referring to a person, means an individual,
sole proprietorship, partnership, limited partnership, trust, corporate body,
organization, charity and/or an individual in his or her capacity as a trustee,
executor, administrator or other legal representative;
2. 11.
"Pit" means a place where unconsolidated gravel, stone, sand, earth, clay,
fill, mineral or other material is being or has been removed by means of an open
excavation to supply material for construction, industrial or manufacturing
purposes;
2. 12.
"Point of Reception" means any point on a Premises where sound or
vibration originating from other than that Premises is received;
2. 13.
"Premises" includes the area of a building and/or parcel of property or in a
multiple unit building occupied by more than one (1) business, each business
THE CORPORATION OF THE MUNICIPALITY OF MCDOUGALL
BY-LAW NO. 2023-25
area shall be considered a separate premises and each Dwelling Unit shall also
be considered a separate premises;
2. 14.
"Quarry" means a place where consolidated rock has been or is being
removed by means of an open excavation to supply material for construction,
industrial or manufacturing purposes;
3. General Prohibitions
3. 1. If not otherwise provided for in this by-law, no Person shall emit or cause or
permit the emission of Noise likely to disturb another as per Schedule A
3.2. No Person shall emit or cause or permit the emission of Noise resulting from the
following which Noise is clearly audible at a Point of Reception:
3. 2. 1. The operation of any electronic device or group of connected electronic
devices incorporating one or more loudspeakers or other electro-
mechanical transducers, and intended for the production, reproduction or
amplification of sound;
3.2.2. The noise from or created by any radio, amplifier, loud speaker, public
address system, or equipment, device or instrument that emits sound when
the same is used or operated from any Motor Vehicle, trailer or vehicle;
3.2.3. The persistent barking, calling, whining or other similar persistent sound
made by any domestic pet or any other animal kept or used for any purpose
other than agriculture.
4 Prohibitions by time and place
4. 1. No Person shall emit or cause or permit the emission of Noise resulting from the
following which Noise is clearly audible at a Point of Reception as per Schedule A
4. 1. 1. The operation of any auditory signaling device, 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;
4. 1.2. The operation of Construction Equipment;
4. 1.3. The operation of any powered or non-powered tool for purposes other
than snow removal.
4. 2. No Person shall emit or cause or permit the emission of Noise resulting from the
detonation of fireworks or explosive devices which Noise is clearly audible at a
Point of Reception except between dusk and 11:00 p.m. with the exception of
x?^t^'.
Victoria Day, Canadavand The Civic hloliday including one day prior and one day
following.
4.3. No Person shall emit or cause or permit the emission of Noise resulting from the
operation of any motorized Conveyance or machinery or explosive devices used
in the operation of a Pit or Quarry as per Schedule A
4.4 No Person shall emit or cause or permit emission of Noise resulting from yelling,
shouting, hooting, whistling, singing, banging of drums or production of Noise by
any other unamplified musical instrument, which Noise is clearly audible at a
Point of Reception as per Schedule A
THE CORPORATION OF THE MUNICIPALITY OF MCDOUGALL
BY-LAW NO. 2023-25
5. Exemptions
5. 1. Notwithstanding any other provision of this by-law, this by-law shall not apply to
a Person who emits or causes or permits the emission of Noise in connection
with any of the following activities:
5. 1. 1. Operation of Authorized Emergency Vehicles;
5. 1.2. Undertaking emergency measures for the immediate health, safety or
welfare of any Person or the preservation of property or emergency
restoration of property;
5. 1.3. Operation of machines or equipment by or on behalf of the Municipality for
emergency purposes;
5. 1.4. Operation of bells, tones or whistles utilized as traffic control devices
including those at traffic signal locations and railway crossings;
5.2. Operation of snow removal equipment while in the operation of snow removal;
5.3. A normal farm practice carried on as part of an agricultural operation under the
Farming and Food Productions Protection Act, 1998, S.O. 1998, c-l or any
successor legislation thereto.
5. 4. Operation of grass cutting equipment for general maintenance
5. 5. Council may, by resolution upon receipt of a written application, grant an
exemption from the provisions of Part 2 or Part 3 in connection with an event or
activity, to any Person, with respect to any source of Sound for which a Person
might otherwise be prosecuted, for such period of time and subject to such
terms and conditions as Council deems advisable, and Council may refuse to
grant any exemption or may grant an exemption of lesser effect than applied for
and any exemption granted shall specify the time period during which it is
effective.
In deciding whether to grant an exemption Council shall give the applicant an
opportunity to be heard and may consider such other matters as it sees fit.
Where an application is not approved or approved upon lesser terms than what
was applied The Municipality shall set out in writing the reasons and shall serve
a copy to the Applicant.
Breach by an applicant of any of the terms or conditions of the exemptions that
is caused or permitted by the applicant shall render the exemption null and void.
The written application is in Schedule B, and shall be in writing and include:
1. The name address telephone number and email of the applicant
2. The location, and source of the sound that an application is sought.
3. The article number that the exemption is sought.
4. The period of time that the exemption is sought.
5. The reason why the exemption should be granted.
6. Enforcement and Administration
6. 1 . This by-law may be enforced by a Municipal Law Enforcement Officer or a police
officer.
6. 2. If a Municipal Law Enforcement Officer or a police officer is satisfied that this by-
law has been contravened, the Officer may make and issue an "Order to
THE CORPORATION OF THE MUNICIPALITY OF MCDOUGALL
BY-LAW NO. 2023-25
Discontinue Activity", 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 contravention.
6.3. An "Order to Discontinue Activity" shall set out:
6. 3. 1. The municipal address of the property on which the contravention
occurred;
6. 3.2. The date of the contravention;
6. 3.3. The reasonable particulars of the contravention of the by-law; and
6. 3.4. The date and time by which there must be compliance with the Order
6.4. An "Order to Discontinue Activity" may be served personally on the Person to
whom it is directed or by registered mail to the last known address of that
Person, in which case it shall be deemed to have been served on the seventh
day after it is mailed or by the posting of the Order in a conspicuous location on
the Property of which the contravention occurred. Service on a corporation can
be affected by registered mail to the corporate mailing address and will be
deemed to have been served on the seventh day after it is mailed by registered
mail.
6.5. Every person shall comply with an order to discontinue activity.
6.6. Every Person other than a corporation who fails to comply with any provision of
this by-law, or an Order or other direction made under this by-law is guilty of an
offence and, upon conviction, is liable to a fine of:
6. 6. 1. Not more than $10,000 for a first offence and
6. 6.2. Not more than $25, 000 for a second or subsequent offence.
6. 7. Every corporation that fails to comply with any provision of this by-law or an
Order or other direction made under this by-law is guilty of an offence and, upon
conviction, is liable to a fine of:
6. 7. 1. Not more than $50, 000 for a first offence and
6. 7.2. Not more than $100,000 for a second or subsequent offence.
6.8. Every director or officer of a corporation who knowingly concurs in the
contravention of this by-law by the corporation is guilty of an offence and, upon
conviction, is liable to a fine of:
6. 8. 1. Not more than $50, 000 for a first offence and
6. 8.2. Not more than $100, 000 for a second or subsequent offence.
6. 9. If this by-law is contravened and a conviction entered, in addition to any other
remedy and to any penalty imposed by the by-law, the court in which the
conviction has been entered and any court of competent jurisdiction thereafter
may make an Order prohibiting the continuation or repetition of the offence by
the Person convicted.
6. 10.
No Person shall hinder or obstruct, or attempt to hinder or obstruct, any
Officer exercising a power or performing a duty under this by-law. Any Person
who is alleged to have contravened any of the provisions of this 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 duties.
THE CORPORATION OF THE MUNICIPALITY OF MCDOUGALL
BY-LAW NO. 2023-25
6. 11.
Every person who contravenes any provision of this bylaw is guilty of an
offence and upon conviction is liable to a fine as provided for by the Provincial
Offences Act, R. S.O. 1990, Chapter P.33, as amended, and is Schedule C of
this by-Law.
7. Powers of Entry
7. 1. An Officer may enter on a property at any reasonable time for the purpose of
carrying out an inspection to determine whether or not the following are being
complied with:
7. 1.1. The provisions of this by-law;
7. 1.2. A direction, Order or notice issued under this by-law.
7.2. An Officer may be accompanied by a person under the Officer's direction for the
purposes as set out in the By-law.
8. Severability
Should any section, clause or provision of this by-law be declared by a court of
competent jurisdiction to be invalid, the same shall not affect the validity of the
by- law as a whole or any part thereof, other than the part which was declared to
be invalid.
9. Repeal
By-law No. 97-01 and all of its amending by-laws are hereby repealed in its
entirety and any by-laws or resolutions, or portions thereof, inconsistent with or
contrary hereto are hereby repealed.
10. Enactment
This by-law shall come into full force and effect on the date it is passed.
Note: the general penalty provision for the offences listed above is section 6.11 of
bylaw 2023-25, a certified copy of which has been filed.
D ^ FIRST and SECOND time this o2l ~3' d y of
^
M
CLERK
, 2023.
^
READ a THIRD time, PASSED, SIGNED and SEALED, this _/?'day of
( 1^ , 2023.
v
MA OR
-)
C ERK
6
THE CORPORATION OF THE MUNICIPALITY OF MCDOUGALL
BY-LAW NO. 2023-25
Schedule A
Prohibitions of Times
Da
Monda
Tuesda
Wednesda
Thursda
Frida
Saturda
Sunda
Prohibition of time Mornin
12:00 am-7:00 am,
12:00 am-7:00 am,
12:00 am-7:00 am,
12:00 am-7:00 am,
12:00 am-7:00 am,
12:00 am-7:00 am,
12:00 am-9:00 am,
Prohibition of time Evenin
11:00
11:00
11:00
11:00
11:00
11:00
11:00
m-12 am.
m- 12am.
m-12 am.
m- 12am.
m - 12am.
m-12 am.
m-12 am.
THE CORPORATION OF THE MUNICIPALITY OF MCDOUGALL
BY-LAW NO. 2023-25
Schedule B
Exemption from Council Application
Name of Applicant:
Address:
Phone #
Location of Noise event:
Source of Noise;
Article # the Noise will contravene
Date(s) and times: From
Reason for Exemption
to
Signature of Applicant
Date
Exemption Granted
Yes
No
Mayor
Clerk
8
THE CORPORATION OF THE MUNICIPALITY OF MCDOUGALL
BY-LAW NO. 2023-25
Schedule C
PART I Provincial Offences Act By-law No. 2023-25: Noise By-law
ITEM COLUMN 1
Short Form Wording
7.
8.
COLUMN 2
Provision
creating or
defining offence
1.
Cause or permit noise that is clearly audible
3.1
ithin prohibited times
2.
Cause or permit noise resulting from the
3. 2.1
amplification by an electronic device
3.
Cause or permit noise from a radio, amplifier, 3.2.2
loud speaker, public address system, or
equipment, device or instrument from a motor
ehicle, trailer or vehicle that is clearly
audible 8 metres {25 feet) from the vehicle
4.
Cause or permit continuous barking, calling,
3.2.3
hining by any animal used for any purpose
other than agriculture
5.
Cause or permit noise from auditory signaling 4. 1.1
device except where required or authorized
by law within prohibited times
6.
Cause or permit noise from operation of
4. 1.2
construction equipment within prohibited times
Cause or permit noise from operation of any
4. 1.3
powered or non-powered tool for purposes
other than snow removal within prohibited
imes
Cause or Permit noise from fireworks within
prohibited times
4.2
9.
Cause or permit noise from operation of any 4.3
motorized conveyance or machinery or
explosive devices used in the operation of a
pit or quarry within prohibited times
10. Cause or permit noise from yelling, shouting, 4.4
hooting, whistling, singing banging of drums
or production of noise by any other
unamplified musical instrument within
prohibited times
11. Fail to comply with an order to discontinue
6.5
activity
12. Hinder or obstruct or attempt to hinder or
6. 10
obstruct an officer
COLUMN 3
Set Fine
$400.00
$400. 00
$400. 00
$400.00
$400.00
$400. 00
$400.00
$400.00
$400. 00
$400. 00
$500.00
$500.00