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TOWN S HI' O F -
North Dundas
The Corporation of the Township of North Dundas
Bylaw No. 2016-20
the Counties
SDG
A BYLAW TO PROHIBIT OR REGULATE PUBLIC NUISANCES WITHIN THE
MUNICIPALITIES OF THE UNITED COUNTIES OF
STORMONT, DUNDAS, AND GLENGARRY
WHEREAS the Municipal Act, 2001 , S.O. 2001 , c.25, S.129 provides that a municipality
may pass by-laws prohibiting and regulating noise within the municipality;
AND WHEREAS the people have a right to and should be ensured an environment free
from unusual, unnecessary or excessive sound or noise which may degrade the quality
of life or cause nuisance;
AND WHEREAS Sections 120, 121 , 127, 128, and 129 provide fora municipality to
pass bylaws to regulate fireworks, explosives, littering, nuisances, and noise;
AND WHEREAS Council has, in good faith, determined that certain activities should be
regulated and/or prohibited within the Municipality;
NOW THEREFORE the Council of the Corporation of the Township of North Dundas, in
partnership with the member municipalities within the United Counties of Stormont,
Dundas and Glengarry, enacts as follows.
DEFINTIONS
1. Short Title
This bylaw may be cited as the "Nuisance Bylaw."
2. Interpretation
(1) For the purposes of this bylaw, the following terms shall have the
corresponding meaning;
(a) "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 in any form or for any purpose, and includes any
work in connection therewith;
(b) "Disorderly conduct" refers to petty misdemeanors, breaches of the
peace, loitering, unruly behavior, yelling obscenities, or any other
action deemed to be against public order and decency;
(c) "Graffiti" shall mean markings of any kind placed on property that does
not belong to the person or artist making such marks;
(d) "Motorized vehicle" includes an automobile, motorcycle, and any other
vehicle propelled or driven otherwise than by muscular power; does
not include motor vehicles running only upon rails, or a motorized snow
machine, traction engine, farm tractor, self-propelled implement of
husbandry or road-building machine within the meaning of the Highway
Traffic Act;
1
(e) "Municipality" means the land within the geographic limit of the
enacting municipality of this bylaw;
(f) "Noise" means sound that is of such a volume or nature that it is likely
to disturb the inhabitants of the municipality;
(g) "Nuisance" means a noise or an activity listed in Schedule 1 or
Schedule 2 of this bylaw;
(h) "Officer" means an officer of the municipality responsible for
enforcement of bylaws or a police officer or a peace officer appointed
under the Police Services Act;
(i) "Person" means an individual, firm, corporation, partnership,
association or organization, including a charitable organization;
U) "Point of reception" means any point on the premises of a person
where noise or vibration originating from other than those premises is
plainly audible, which means the sound in question can be easily
detected, without undue effort, by a disinterested person with no
hearing disability;
(k) "Public" means a place outdoors to which the public is ordinarily
invited or permitted access and, for greater certainty, shall include
sidewalks, streets, any portion of a road allowance, parking lots,
swimming pools, conservation area, parks, and playgrounds; school
grounds; land premises or buildings owned, managed or maintained by
the Municipality;
(I) "Villages and Hamlets" means those areas falling within the
boundaries identified by the SD&G Official Plan for Rural and Urban
Settlement Areas
GENERAL PROVISIONS
3. General Prohibitions
No person shall cause or permit to exist any unusual noise, or noise likely to
disturb the inhabitants of the Municipality.
4. Prohibition by Activity
No person shall emit or cause or permit the emission of noise or a nuisance,
resulting from any activity listed in Schedule 1 - General Prohibitions.
5. Prohibitions by Time
No person shall emit or cause or permit the emission of noise or a nuisance,
resulting from any activity listed in Schedule 2 - Prohibitions by Time and which
has a sound clearly audible at a point of reception anywhere within the
municipality.
6. Exemption
Notwithstanding any other provision of this bylaw, it shall be lawful to emit or
cause or permit the emission of sound or vibration in connection with emergency
measures undertaken;
7. Exemption of Activities
This bylaw shall not apply to a person who emits or causes or permits the
emission of noise or vibration in connection with any of the activities listed on
Schedule 3 - Exemption of Activities.
8. Exemption of Normal Farm Practices
This bylaw shall not apply to a person who emits or causes or permits the
emission of noise or vibration in connection with normal farming practices within
2
the meaning of the Farming and Food Protection Act, 1998, S.O. 1998, c.1 as
amended.
9. Exemption by Permit
This bylaw shall not apply to a person who has in their possession, at the time of
producing the noise or nuisance, a Temporary Exemption Permit issued under
Schedule 4 and which explicitly exempts the activity producing the noise or
nuisance within a specified time period.
ADMINISTRATION
10. Grant of Exemption by Council
(1) Notwithstanding anything contained in this bylaw, any person may make
application to Council to be granted an exemption from any of the provisions
of this law with respect to any nuisance for which he might be prosecuted and
Council, by resolution, may refuse to grant any exemption or may grant the
exemption applied for or any exemption of lesser effect, and any exemption
granted shall be in the form established in Schedule 4.
(2) A breach of any of the terms or conditions of any exemption granted by
Council shall render the exemption null and void.
11. Severability
If a court of competent Jurisdiction should declare any section or part of a section
of this bylaw to be invalid, such section or part of a section shall not be construed
as having persuaded or influenced Council to pass the remainder of the bylaw
and it is hereby declared that the remainder of the bylaw shall be valid and shall
remain in force.
12. Enforcement Authority
This bylaw shall be enforced by an officer of the municipality responsible for
enforcement of bylaws or a police officer or a peace officer appointed under the
Police Services Act.
13. Officer Right of Entry
An officer shall have the right of entry on any property for the purpose of carrying
out an inspection to determine whether this bylaw is being complied with and for
the enforcement of this bylaw, provided that any such entry shall be in
accordance with ss. 435-439 of the Municipal Act, 2001 .
14. Order to Discontinue Activity
(1 ) An officer may order a person to cease creating a nuisance and/or that all
persons not residing on the premises shall leave the premises where the
nuisance was occurring.
(2) An order under this section may be given verbally or may be served
personally to the person to whom it is directed.
(3) No person shall fail to leave the premises after having been directed to
leave the premises pursuant to an order to discontinue an activity under
this bylaw.
15. Obstruction of Officer
(1) No person shall obstruct, hinder or interfere with an Officer of this By-law
in the performance of their duties.
3
16.0ffence and Penalties
(1) Any person who contravenes any of the provisions of this bylaw is guilty of
an offence and upon conviction is liable to a fine as provided for in the
Provincial Offences Act or as set out in the Provincial Offences Act or any
successor,
(2) In addition to any penalty imposed and any other remedy, a court in which
the conviction has been entered and any court of competent jurisdiction
thereafter may make an order,
a) Prohibiting the continuation or repetition of the violation by the person
convicted; and
b) Require the person convicted to correct the contravention in the manner
and within the period that the court considers appropriate.
17. Enactment
This bylaw shall come into force and take effect upon final reading thereof.
READ and passed in Open Council, signed and sealed this 17th day of February, 2016.
4
Schedule 1 - General Prohibitions
1. No person shall conduct the following activities so as to constitute a public
· nuisance whether occurring on puplic or private property,
a. Disorderly conduct;
b. Public drunkenness or public intoxication;
c. The deposit of refuse on public or private property;·
d~ · Damage to or destruction of public or private property including the
production of graffiti;
e. Pedestrian traffic, vehicular traffic, or illegal parking that obstructs the
free flow of traffic or could interfere with the ability to provide
emergency services;
f.
Public disturbances, including public brawls or public fights;
g. Racing of any motor vehicle other than in a lawful racing event
approved by the Municipality.
h. The operation of a motor vehicle in such a way that creates
unnecessary noise such as the sounding of the horn, revving of engine
and the squealing of tires.
· i. · .The operation of a motor vehicle or a motor vehide with a trailer
resulting in banging, clanking, squealing or other like sounds due to an
improperly secured load or equipment, or inadequate maintenance.
j.
The operation of an air conditioner, water pump, heat pump or any ·
equipment that is not in proper working order.
k.". The detonation of fireworks or explosive devices in an unsafe manner
· or in a manner that would have an undesirable outcome at a point of
reception ..
2. No person shall urinate or defecate in a public place.
3. No person shall knock over or attempt to knock over a Canada Post mailbox,
Canada Post relay box, newspaper box, blue box, bench, fence, and picnic
table or garbage container. This section shall not apply to Municipal
employees, or any other person under contract with the Municipality·while
exercising their authorized tjuties on behalf of the Mul"}icipality.
4. No person shall discharge firearms within villages or hamlets.
5. No person shall operate 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. .
· ·
5
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Schedule 2 - Prohibitions by Time
· Activity·
Prohibited Period of Time
1. The sounds from or created by·. 11 :00 pm one day to 7:00 am the ..
any radio, phonograph, tape
next day (9:00 ani on Sundays)
player, television, public
address system, sound
equipment, loud speaker, or
any musical or sound
producing instrument .of
whatever kind when the same
is played or operated in such
mannerorwith such volume·
as to disturb the peace, quiet,
comfort or repose of any
individualin any office,
dwelling house, apartment,
hotel, hospital, or any other
point of reception.
2. Yelling, shouting, hooting,
11 :00 pm one day to 7:00 am the
. whistling or singing.
next day (9:00 am on Sundays)
3. Detonation of fireworks or
11 :00 pm one day to 7:00 am the
explosive devices.
next day (9:00 am on Sundays)
4. Operation of ciny construction
- 11 :00 pm one day to 7:00 am the .
equipment or construction
next day (9:00 am on Sundays)
activities .
5. Operation or use of powered
11 :00 pm one day to 7:00 am the
equipment for domestic
next day (9:00 am on Sundays)
purposes (i.e. lawn mower,
leaf blowers, chain saw, power ·
tqols or other similar devices)
other than powered equipment
related to snow removal
6. The operation of any
11 :00 pm one day to 7:00 am the
motorized vehicle for personal
next day (9:00 am on Sundays)
use. and enjoyment, including
snowmobiles, all-terrain
· vehicles and off-road
motorcycles on one's property
7. The operation of a combustion
11 :00 pm one day to 7:00 am the
engine which is, is used in, or · next day(9:00 am on Sundays)
is intended for use in, a toy, or
a model or replica of any
device, which model or replica
has no function other than
amusement.
8. Loading, unloading, delivering,
11 :00 pm one day to 7:00 am the
packing, unpacking, or
next day (9:00 am on Sundays)
otherwise handling any
containers, products,
materials, or refuse,
whatsoever, unless necessary
for the operation of essential ·
services or the moving of
private household effects.
6
Schedule 3 - Exemption of Activities
The following is a list of activities and sources of noise of which Council
considers to be exempt from the provisions of this bylaw.
1. Road and bicycle races authorized by the municipality;
2. Regimental salutes;
3.
Parades authorized by the municipality;
4. Midways and circuses authorized by the municipality;
5. Sporting, recreational and entertainment events in public parks,
buildings or grounds authorized by the municipality;
6. Musical and other performances in public parks, buildings or grounds
authorized by the municipality;
7. Special neighbourhood social activities on streets or other public land
authorized by the municipality;
8. Transformers and diesel operated pumps owned by the municipality
and necessary preventive maintenance work undertaken by the
municipality;
9.
Necessary municipal operations, including but not limited to snow
clearing, street cleaning and garbage collection, undertaken by or on
behalf of the municipality;
10. Snow removal that is essential for the normal operation of a
business;
11 . The operation of emergency vehicles;
12. Educational and political events authorized by the municipality;
13. Church and school bells ringing.
7
Schedule 4 - Application to Council
Application for Temporary Exemption Permit
To Nuisance Bylaw 2016-20
Applicant Name
Last
Applicant Address
Street
Applicant's Phone Number
Group or Organization
Event Title
Date of Event
Time of Event
(If event is being held over more than one day, specify times for each day)
First
Postal Code
Description of Event - include the source of sound or vibration in respect of which the exemption is being sought:
State the particular provision or provisions of the bylaw from which the exemption is being sought
Authorization:
Date
Signature
Clerk
8
a
.
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. 2016-2Q of the Corporation of Township of
North Dundas attached hereto is the set fine for that offence. This Order is to take
effect on June 3 rd, 2016.
Dated at Ottawa this 3 rd day of June 2016 .
............ ~~· · · ··· ····· ········· ··
Hugh L. Fraser, Regional Senior Justice
Ontario Court of Justice
East Region
PART I - PROVINCIAL OFFENCES ACT
Township of North Dundas
By-law 2016-20, " Nuisance By-law"
Page 1of2
COLUMN 1
COLUMN 2
COLUMN 3
Short Fonn Wording
Provision Creating
Set Fine
Item
or Defining the Offence
Section 4
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(.~
1.
Disorderly conduct
Schedule 1-1(a)
Section 4
(.,'\>
2.
Public drunkenness or public intoxication
Schedule 1-1(b)
1So
Section 4
l.'l"'I)
3.
The deposit of refuse on public or private property
Schedule 1-1(c)
.'..150
Section 4
~so
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4.
Damage/Graffiti of public or private property
Schedule 1-1(d)
Section 4
;J...50
c:o
5.
Obstructing/Interfering the free flow of traffic
Schedule 1-1(e)
Section 4
cu
6.
Public disturbances I fighting
Schedule 1-1(f)
250
Section 4
CCI
7.
Unlawfully racing a motor vehicle
Schedule 1-1(q)
:.2 50
Operation of a motor vehicle so as to squeal tires, etc.
Section 4
)..50
1,.'l\J
8.
Schedule 1-1(h)
Operation of a motor vehicle/trailer causing noise from improper load or maintenance
Section 4
~
9.
Schedule 1-1 (i)
c:2 ~o
Causing or permitting noise from mechanical equipment that is not properly maintained.
Section 4
~
10.
Schedule 1-1 (i)
,;{ s 0
Section 4
150
co
11.
Improper or unsafe use of Fireworks
Schedule 1-1(k)
Section 4
.;p
12.
urinating or defecating in a public place
Schedule 1-2
~~o
Knock over or attempt to knock over a mail box, picnic table, garbage container, etc.
Section 4
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13.
Schedule 1-3
2.? 0
Discharging firearms within Villages and Hamlets
Section 4
:2 6 ()
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14.
Schedule 1-4
Causing or permitting noise from a vehicle horn or other warning device, sirens etc.
Section 4
,:".:)
15.
Schedule 1-5
J..50
Causing or permitting noise from any radio, television, loud speaker, etc. during prohibited times
Section 5
~50
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16.
Schedule 2-1
NOTE: the general penalty provisions for the offences listed above is section 16 of By-law 2016-20 a copy of which has been filed.
PART I - PROVINCIAL OFFENCES ACT
Township of North Dundas
By-law 2016-20, "Nuisance By-law"
Page 2of2
COLUMN 1
COLUMN 2
COLUMN 3
Item
Short Form Wording
Provision Creating
Set Fine
or Defining the Offence
17.
Yelling, shouting, hooting, whistling or singing during prohibited times
Section 5
:J..60
G'"3
Schedule 2-2
18.
Detonation of Fire Works or Explosives during prohibited times
Section 5
~:So
u-0
Schedule 2-3
19.
Operation of any construction equipment I activity during prohibited times
Section 5
I.~
Schedule 2-4
.1.So
20.
Operation of domestic equipment, lawnmower, chainsaw, etc. during prohibited times
Section 5
I!'='
Schedule 2-5
J.S()
21.
Operation of personal motorized vehicle on ones property during prohibited times
Section 5
~i\>
Schedule 2-6
J-5c
22.
Operation for amusement a combustion engine during prohibited times
Section 5
""
Schedule 2-7
J...Sc
23.
Loading, unloading and material handling during prohibited times
Section 5
l!X>
Schedule 2-8
.l. So
24.
Failing to leave the premises after having been directed to do so.
Section 14(3)
.2So
L}"U
24.
Obstructing or interfering with an officer in the performance of their duty
Section 15
J-.5o
1.'"0
NOTE: the general penalty provisions for the offences listed above is section 16 of By-law 2016-20 a copy of which has been filed.
NOTE: the general penalty provisions for the offences listed above is section 16 of By-law 2016-20 a copy of which has been filed.
'-·