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1
THE CORPORATION OF THE TOWN OF MONO
BYLAW NUMBER 2026 - 8
BEING A BYLAW TO PROHIBIT AND REGULATE NOISE WITHIN THE TOWN
OF MONO
WHEREAS Section 128 of the Municipal Act, 2001, S.O. 2001, c.25, as amended
hereinafter referred to as the "Municipal Act" provides authority for a municipality to
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 provides authority for a
municipality to prohibit and regulate noise and vibration;
AND WHEREAS, Section 431 of the Municipal Act authorizes that where any by-law
of a municipality under the Municipal Act 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 and requiring the person convicted to correct the
contravention; and
WHEREAS section 436 of the Municipal Act authorizes a municipality to pass a by-
law providing that the municipality may enter on land to conduct inspections; and
WHEREAS sections 444 and 445 of the Municipal Act authorizes a municipality to
make orders to discontinue, or to correct, the contravention of a by-law;
NOW THEREFORE the Council of the Corporation of the Town of Mono hereby
enacts as follows:
1.
DEFINITIONS
1.1 In this By-law:
"Applicant" means a person who files an application for an exemption to this
By-law;
"Construction" includes the erection, alteration, repair, dismantling, demolition,
structural maintenance, painting, moving, land clearing, earth moving, grading,
excavating, blasting, rock crushing, the laying of pipe and conduit, highway
building, concreting, equipment installation and alteration and structural
installation of construction components and materials in any form or for any
purpose, and includes works in connection therewith;
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"Construction Equipment" includes any equipment, device or vehicle
designed or intended for use in construction, or material handling, including
but not limited to air compressors, power saws, belt sanders, powered drills, jack
hammers, 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, combustion engine, pneumatic device, or other material
handling equipment and any other similar equipment;
"Clerk" means the Clerk for the Town or any person designated by the Clerk;
"Council" means the Council of the Town;
"Domestic Tool" includes any tool, equipment or device designed or intended
for use for construction but not limited to air compressors, electric power tools,
manual hammers and similar tools but does not include Lawn Maintenance
Equipment;
"Lawn Maintenance Equipment" includes any equipment, which uses a
combustion or electric motor for the purposes of yard maintenance or repair
and includes chain saws, lawn mowers, leaf blowers, grass trimmers, hedge
trimmers, whipper-snippers, power washers, power assisted sweepers,
vacuums or any other similar equipment;
"Motor Vehicle" includes an automobile, a motorcycle, a motor assisted
bicycle, and any other vehicle propelled or driven otherwise than by muscular
power, but does not include a street car or other motor vehicle running only
upon rails, a power-assisted bicycle, a motorized snow vehicle, a traction
engine, a farm tractor, a self-propelled implement of husbandry or a road-
building machine;
"Noise" means a sound or vibration that at the point of reception by its
volume or nature is likely to disturb the inhabitants;
"Normal Farm Practice" has the same meaning as contained in the Farming
and Food Production Protection Act, 1998, S.O. 1998, c. 1;
"Town" means the Corporation of the Town of Mono its land within the
geographic limits of the Town or Mono as the context requires;
"Off-Road Vehicle" means a vehicle propelled or driven otherwise than by
muscular power or wind and designed to travel,
(a) on not more than three wheels, or
(b) on more than three wheels and being of a prescribed class of vehicle;
"Officer" means a police officer, municipal law enforcement officer, or any other
person appointed by by-law to enforce the provisions of this By-law;
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"Person" includes an individual, sole proprietorship, partnership, limited
partnership, trust, corporation, and an individual in his or her capacity as a
trustee, executor, administrator, or other legal representative;
"Point of Reception" means any point on the premise of a person where
noise originating from other than that premise is received;
"Special Event" means public entertainment, festival or parade that operates
independently from Town programming and is held outdoors;
"Vehicle" includes a motor vehicle, off-road vehicle, trailer, traction engine,
farm tractor, road-building machine, 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 a street car.
2.
TITLE
2.1 The Short Title of this By-law is the "Noise By-law".
3.
GENERAL PROHIBITION
3.1 No person shall emit, make, permit or cause to be emitted or made noise.
3.2 No person shall emit, make, permit or cause to be emitted or made noise
resulting from any activity listed on Schedule A of this By-law.
3.3 No person shall emit, make, permit or cause to be emitted or made noise from
a vehicle.
3.4 No person shall fail to comply with the conditions of an exemption approval.
4.
PROHIBITIONS BY TIME AND PLACE
4.1 No person shall emit, make, permit or cause to be emitted or made noise
resulting form any activity set out in Column 1 on the days and times set out in
Columns 2 and 3 on Schedule B of this By-law.
5.
GENERAL EXCEPTIONS
5.1 This By-law shall not apply to a person who emits, makes or permits or causes
to be emitted or made noise resulting from activities listed on Schedule C of this
By-law.
6.
EXEMPTION APPLICATION AND FEES
6.1 A person may file an application to request an exemption from the provisions of
this By-law.
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6.2 A person making an application for an exemption to this By-law shall submit to
the satisfaction of the Clerk sixty (60) days prior to the event:
(a)
a complete application in the form provided by the Town;
(b)
the applicable exemption fee in accordance with the Town's current User
Fees and Charges By-law;
(b)
any other documents or approvals as may be required by the Clerk.
7.
NOTICE OF COUNCIL CONSIDERATION OF EXEMPTION APPLICATION
7.1 On receipt of an application for an exemption to this By-law, the Clerk shall:
(a)
include the exemption application on the next available Council agenda
for consideration; and
(b)
advise the applicant when the matter will be considered by Council.
7.2
Posting on the Town's website the Council agenda that includes the exemption
application shall be deemed to be notice to the public of the exemption
application.
7.3 An Applicant shall provide written notice of the exemption application to the
owners' of property adjacent to the property subject to the exemption application
as determined by the Clerk.
8.
COUNCIL CONSIDERATION OF EXEMPTION APPLICATION AND
DECISION
8.1 Council may refuse, grant or grant with conditions an exemption to this By-law.
8.2 Council in making a decision to refuse, grant or grant with conditions an
exemption to this By-law shall consider any submissions made by the applicant
and any other person who may have an interest in the matter.
8.3 As a condition of an exemption approval, Council may require an Applicant to
enter into an agreement with the Town.
8.4 The decision of Council shall be final and binding.
8.5 Where a person fails to comply with any conditions of an exemption approval
or the terms of an agreement, the exemption approval and the agreement is
immediately rendered null and void and deemed to be a contravention of this
By-law.
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9.
ORDERS
9.1 If an Officer has reasonable grounds to believe that a contravention of this By-
law or the terms and conditions of an exemption approval or the terms of an
agreement have not been complied with, the Officer may make an Order
requiring the person who contravened this By-law or the conditions of an
exemption or terms of an agreement, or who caused or permitted the
contravention to occur to:
(a)
discontinue the contravening activity; and/or
(b)
do work or take action to correct the contravention.
9.2 An Order under section 9.1 shall set out:
(a)
reasonable particulars of the contravention adequate to identify the
contravention;
(b)
the location of the premise on which the contravention occurred; and
(c)
either:
(i)
in the case of an Order under section 9.1 (a), the date by which there
must be compliance with the Order; or
(ii)
in the case of an Order under section 9.1 (b), the action to be done
and the date by which the action must be done.
9.3 An Order made under this By-law may be served personally, ordinary mail to
the last known address or by email transmission to:
(a)
the person the Officer believes contravened this By-law or the
conditions of an exemption approval or the terms of an agreement; and
(b)
such other persons affected by the Order as the Officer making the
Order determines.
9.4 The Order shall be deemed to have been served on the seventh (7th) day after
the date of mailing or on the date of personal service or on the date of email
transmission.
9.5 An Officer who is unable to effect service of an Order pursuant to this By-law
shall place a placard containing the Order in a conspicuous place on the
premise and the placing of the placard shall be deemed to be sufficient
service. The placing of the placard of the Order shall be deemed to be served
on the date of placing the placard.
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10. ENFORCEMENT AND PENALTY PROVISIONS
10.1 The enforcement of this By-law shall be conducted by an Officer.
10.2 An Officer may enter on land at any reasonable time for the purpose of
carrying out an inspection to determine whether or not the By-law or an Order
issued pursuant to this By-law is complied with.
10.3 Every person who contravenes any provision of this By-law, including failing to
comply with an order made under this By-law, is guilty of an offence and is
liable to a fine, and such other penalties, as provided for in the Provincial
Offences Act, R.S.O. 1990, c. P.33, as amended, and the Municipal Act, as
amended.
10.4 Any person who is charged with an offence under this By-law or an Order
issued pursuant to this By-law or every director or officer of a corporation, who
knowingly concurs in the contravention by the laying of an information under
Part III of the Provincial Offences Act, R.S.O. 1990, c. P. 33, as amended, is
guilty of an offence and if found guilty of the offence is liable pursuant to the
Municipal Act, as amended, to the following:
(a)
on a first offence, to a fine not more than $50,000.00; and
(b)
on a second offence and each subsequent offence, to a fine of not more
than $100,000.00; and
(c)
in the case of continuing offence, for each day or part of a day that the
offence continues, the maximum fine shall be $10,000.00 per day for
every day in contravention and the total of all daily fines for the offence is
not limited to $100,000.00.
10.5 Every Person who is issued a Part 1 offence notice or summons upon
conviction is guilty of an offence under this By-law shall be subject to a fine, to
a maximum as provided for in the Provincial Offences Act, R.S.O. 1990, c. P.
33, as amended.
10.6 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.
10.7 Every Person who is alleged to have contravened any of the provisions of this
By-law, shall identify themselves to an Officer upon request, failure to do so
shall be deemed to have hindered or obstructed an Officer in the execution of
his or her duties.
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10.8 Upon conviction any penalty imposed under this By-law may be collected
under the authority of the Provincial Offences Act, R.S.O. 1990, c. P. 33, as
amended.
10.9 If a Person is convicted of an offence under this By-law, the court in which the
conviction has been entered and any court of competent jurisdiction may, in
addition to any other remedy and to any penalty imposed, make an order
prohibiting the continuation or repetition of the offence by the Person
convicted.
11. SEVERABILITY
11.1 If a court of competent jurisdiction declares any section or part of this By-law
invalid, it is the intention of Council that the remainder of this By-law shall
continue in force unless the court makes an order to the contrary.
12. INTERPRETATION
12.1 References in this By-law to any statute or statutory provision include references
to that statute or statutory provision as it may from time to time be amended,
extended or re-enacted.
12.2 In this By-law, unless the context otherwise requires words importing the
singular shall include the plural and use of the masculine shall include the
feminine, where applicable.
13. FORCE AND EFFECT
13.1 This by-law shall take force and effect upon the passage hereof.
13.2 Schedule "D" to the By-law shall be effective upon the approval and/or
amendment by the Regional Senior Justice of the Ontario Court of Justice.
14. REPEAL
14.1 That By-law 2004-16 is hereby repealed.
Read a first time this 14th day of May 2024.
Read a second time this 10th day of February 2026.
Read a third time and finally passed this 10th day of February 2026.
Original signed by:
John Creelman, Mayor
Fred Simpson, Clerk
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SCHEDULE A
to By-law 2026-8 Noise Bylaw
PROHIBITIONS
1.
In accordance with Section 3.2 of this By-law, the activities that make, emit,
permit or cause noise are prohibited:
a)
the operation of a stereo or other electronic device designed to amplify
sound, in or on, a vehicle in such a way that the noise can easily be
heard outside the vehicle;
b)
persistent barking, calling, or whining of other similar persistent noise
made by any domestic pet or any other animal kept or used for any
purpose other than agricultural or a kennel licensed in accordance with
the Town's By-law for the keeping, control and licensing of dogs, as may
be amended or replaced;
c)
the operation of construction equipment without an exhaust or intake
muffling device in good working order and in constant operation;
d)
racing of a vehicle other than in a lawful racing event;
e)
the operation of a vehicle or a vehicle with a trailer resulting in the
banging, clanging, squealing or other like sounds due to improperly
secured load or equipment, or inadequate maintenance;
f)
the operation of a vehicle horn or other warning device except where
required by law or in accordance with good safety practices;
g)
the operation of an air conditioner, water pump, heat pump or other
mechanical device that is not in proper working order;
h)
ringing of bells, blowing and sounding of any horn, yelling, shouting,
hooting, whistling or singing;
i)
The operation of any electronic device or a 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, other than a security alarm.
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SCHEDULE B
to By-law 2026-8 Noise Bylaw
PROHIBITIONS BY TIME
2.
In accordance with Section 4.1 of this By-law the activities that make, emit,
permit or cause noise set out in Column 1 are prohibited during the days and
times set out in Columns 2 and 3:
Column 1 - Activity
Column 2 - Day
Column 3 - Prohibited Times
Construction and the
operation of Construction
Equipment
All Days
10 p.m. to 7 a.m. the next morning
The operation of Domestic
Tools
All Days
10 p.m. to 7 a.m. the next morning
The operation of Lawn
Maintenance Equipment
All Days
10 p.m. to 7 a.m. the next morning
10
SCHEDULE C
to By-law 2026-8 Noise Bylaw
1.
In accordance with Section 5.1 of this By-law the activities set out below are
exceptions to the noise regulations of this By-law:
a)
a special event when a license has been issued by the Town in
accordance with the Town's By-law to regulate the holding of public
entertainment, festivals and parades, as may be amended or replaced;
b)
an exemption granted by Council subject to any imposed conditions;
c)
for a generator in operation during a power outage;
d)
snow removal equipment or activities while engaged in the process of
removing snow;
e)
the ringing of bells, chimes or clocks associated with religious or public
buildings or uses;
f)
to Town operations, services or activities;
g)
to a public utility, the County of Dufferin, the provincial or federal
government;
h)
where a Certificate of Approval has been issued by the applicable
provincial ministry (i.e. Ministry of Environment, Conservation and Parks)
and the noise is in compliance with the said Certificate of Approval.
i)
Normal Farm Practices, including operation of farm equipment or
machinery for cultivating, seeding, crop maintenance, or harvesting on
any lands zoned Rural (A) in the Town's Zoning Bylaw 78-1.
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SCHEDULE D
to By-law 2026-8 Noise Bylaw
Part I Provincial Offences Act
Item
Short Form Wording
Provision
Creating or
Defining Offence
Set Fine
1
Emit, make, permit Noise from stereo or other
electronic device in vehicle
3.1 Schedule A a)
$250.00
2
Persistent barking of domestic pet
3.2 Schedule A b)
$250.00
3
Emit, make, permit Noise from operation of
construction equipment without exhaust or
intake muffling device in good working order
3.2 Schedule A c)
$250.00
4
Emit, make, permit Noise from racing of a
vehicle
3.2 Schedule A d)
$250.00
5
Emit, make, permit Noise from vehicle due to
improperly secured load or inadequate
maintenance
3.2 Schedule A e)
$250.00
3
Emit, make, permit Noise from operation of
vehicle horn
3.2 Schedule A f)
$250.00
4
Emit, make, permit Noise from operation of
mechanical device not in proper working order
3.2 Schedule A g)
$500.00
5
Emit, make, permit Noise from ringing of bells,
sounding of horn, yelling, shouting, hooting,
whistling or singing
3.2 Schedule A h)
$500.00
6
Emit, make, permit Noise from loudspeakers
3.2 Schedule A i)
$500.00
7
Fail to comply with conditions of an exemption
3.4
$750.00
8
Emit, make, permit Noise from construction
equipment
4.1 Schedule B a)
$500.00
9
Emit, make, permit Noise from domestic tools
4.1 Schedule B a)
$250.00
10
Emit, make, permit Noise from lawn
maintenance equipment
4.1 Schedule B a)
$250.00
8
Obstruct or hinder Bylaw Officer
10.3
$750.00
NOTE: The general penalty provision for the offences indicated above is Section 3.1 of the
By-law 2026-8, a certified copy of which has been filed and s. 61 of the Provincial Offences
Act, R.S.O. 1990, c. P. 33, as amended.