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unofficial consolidation, the official version is held by the municipal clerk.
Office Consolidation to January 26th, 2006
THE CORPORATION OF THE TOWNSHIP OF MONTAGUE
BY-LAW NO. 2655-2002
BEING a By-law to prohibit unusual noises and noises likely to disturb the inhabitants of Montague
Township and adjacent communities;
WHEREAS Part XVII s. 210 (138) of the Municipal Act R.S.O. 1990 c. M45 as amended, provides
that By-Laws may be passed by the Councils of local municipalities for prohibiting or regulating
within the municipality or within a defined area or areas thereof, the ringing of bells, the blowing of
horns, shouting and unusual noises, or noises likely to disturb inhabitants;
AND WHEREAS the Council of the Corporation of the Township of Montague deems it
expedient to prohibit or regulate such noises;
NOW THEREFORE the Council of the Corporation of the Township of Montague enacts as
follows that:
This By-law may be cited as the "Noise By-law"
PART I - DEFINITIONS
1. 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;
2. 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;
3. Dwelling House means the whole or any part of a building or structure that is kept or
occupied as a permanent or temporary residence and includes:
(a) a building within the curtilages of a dwelling house that is connected to it by a
doorway or by a covered and enclosed passageway; and
(b) a unit that is designed to be mobile and to be used as a permanent or temporary
residence that is being used as such a residence.
4. Emergency Vehicle means a police vehicle, ambulance, fire vehicle or other vehicle
responding to an emergency call pursuant to a statutory duty.
5. Motor Vehicle includes an automobile, motorcycle and any other vehicle propelled or
driven otherwise than by muscular power, but does not include the cars of electric or steam
railways or other motor vehicles running only on rails or a motorized snow vehicle, traction
engine, farm tractor, self-propelled implement of husbandry or road-building machine within
the meaning of The Highway Traffic Act, as amended;
6. Noise means unwanted sound likely to disturb the peace and tranquility of inhabitants;
7. Noise Control Officer means a person or police officer designated by Council as
responsible for the administration of this by-law;
8. Person includes a corporation;
Office Consolidation to January 26th, 2006
PART II - NOISES PROHIBITED
1. No person shall cause or permit any unusual noises or noises that would be likely to disturb
the inhabitants of Montague Township or adjacent communities between the hours of 11:00
o'clock in the afternoon and 7:00 o'clock in the forenoon of the next following day.
2. No person shall cause or permit any unusual noise or noises likely to disturb the inhabitants
of Montague Township or adjacent communities by the;
(a) deleted by By-law 2670-02.
(b) blowing or sounding of any horn or causing or permitting any horn to be blown
or sounded;
(c) creating or causing or permitting the noise from any radio, phonograph,
television, public address system, sound equipment, loud speaker or similar device or
any musical or sound-producing instrument of whatever kind;
(d) creating, causing or permitting of a motor vehicle of any kind which by reason of
its condition of disrepair or maladjustment makes noise by grating, grinding or
rattling, screaming, screeching or similar noise;
(e) the keeping of birds or animals, the cause noise by crowing, crying or barking or
other such sounds;
(f) creating or causing or permitting noise caused by the unnecessary racing of the
motor of a standing motor vehicle in excess of that necessary for the reasonable
operation of same;
(g) the erection, demolition, alteration or repair of a building or by construction,
earth-moving equipment, tree removal equipment, logging equipment or wood-mill
equipment between the hours of 11:00 o'clock in the afternoon and 7:00 o'clock in
the forenoon of the next following day;
(h) creating or causing or permitting of noise in the vicinity of any school, seminar of
learning or court while the same is in session.
PART III - EXCEPTIONS
Part 11 of this by-law shall not apply to:
1. Any band or parade approved by Council and not otherwise prohibited by law.
2. The reasonable use of any apparatus or mechanism for the amplification of the human voice
or of music in a public park or any other public place in connection with any lawful and
peaceable meeting or gathering not otherwise prohibited by law.
3. Any newsboy, peddler, hawker or petty tradesman, or auctioneer plying his trade by calling
legitimately and moderately.
4. Any vehicle of the police, fire department, ambulance, public service or emergency vehicle
while answering a call.
5. The sound from any private radio in a motor vehicle, installed for the sole benefit of
entertainment of the operator and occupants of such vehicle, when same is not audible at a
distance of twenty-five feet from such vehicle.
6. The operations of any religious service.
7. Any case of public convenience or necessity.
Office Consolidation to January 26th, 2006
PART IV - PROHIBITION OF NOISE BY TIME
The creating, causing or permitting of noise will be deemed prohibited between the hours of
11:00 o'clock in the afternoon and 7:00 o'clock in the forenoon of the next following day.
PART V - PENALTIES
Everyone who contravenes a section of this by-law is guilty of an offence and subject to a
penalty as provided under the Provincial Offences Act.
PART VI - REPEAL OF BY-LAW
The following By-laws and all amendments thereto are hereby repealed in their entirety: 965-75,
2431-98.
READ a first time and second time this 19th day of March, 2002
READ a third time and passed this 19th day of March, 2002
____________________________
REEVE
____________________________
CLERK
Office Consolidation to January 26th, 2006
IMPORTANT NOTICE
This document is an office consolidation of By-law No. 2655-02, as amended, and has
been prepared for ease of reference. While every attempt has been made to ensure the
accuracy of this consolidation, in the event of a discrepancy between it and By-law No.
2655-02 (and various by-law amendments thereto) the original by-laws shall prevail.
Amendment(s):
2670-02