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THE CORPORATION OF THE TOWNSHIP OF
NORTH KAWARTHA
BY-LAW #I
7104
BEING A BY-LAW TO PROHIBIT OR REGULATE NOISES WITHIN THE
TOWNSHIP OF NORTH KAWARTHA.
WHEREAS Sections 9 & 129 of the Municipal Act, 2001, S.0 2001, c.25, as
amended, provides that the councils of the local municipalities may pass By-laws
to prohibit and regulate with respect to noise, vibration, odour, dust and outdoor
illumination, including indoor lighting that can be seen outdoors;
NOW THEREFORE the council of the corporation of the Township of North
Kawartha enacts as follows:
1. In this By-law:
(a) Dwelling House
A "dwelling house" includes an apartment house, hotel or any other type of
permanent or temporary residence.
(b) Person
A "person" includes corporation.
(c) Emergency Vehicle
An "emergency vehicle" includes a police car, ambulance, 'fire truck or other
vehicle andlor watercraft responding to an emergency call pursuant to a call for
service.
2. General- Likely to Disturb
No person shall within the limits of the Corporation of the Township of North
Kawartha, make or permit any noise, vibration, odour, dust and outdoor
illumination, including indoor lighting that can be seen outdoors, likely to disturb
the inhabitants thereof.
3.
Without limiting the generality of section 2, the following noises or sounds
shall be deemed to be noises likely to disturb the inhabitants of the corporation:
(a) Radio- Loud Speaker
The noises 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 manner
that the sound or noise made or created thereby disturbs the peace, comfort, or
repose of any person in a dwelling house shall be deemed to be noises likely to
disturb.
(b) Amplifier-Loud Speaker
The noise or sound caused or made by an amplifier or loud speaker carried in or
attached to a motor vehicle being operated or standing on a public highway shall
be deemed to be noises likely to disturb.
Noise By-Law # I 7/04
(c) Animal- Bird
The sound made by an animal or bird under the care of an individual and/or
individuals which disturbs the peace, comfort, or repose of any person in a
dwelling house shall be deemed to noises likely to disturb
(d) Exhaust-Without Muffler
The noise or sound caused by the discharge into the open air of the exhaust
from any steam engine, boiler or stationary internal combustion engine,
otherwise that through a muffler or other devices which effectively prevents
unnecessary noise shall be deemed to be noises likely to disturb.
(e) Tire Noise-Squealing, Acceleration, Bra king
The wheel or tire noise caused by the deliberate and unnecessary acceleration,
rapid turning or rapid braking of a motor vehicle shall be deemed to be noises
likely to disturb.
(f) Motor Racing-Standing Motor Vehicle
The noise caused by unnecessary racing of the motor of a standing motor
vehicle shall be deemed to be noises likely to disturb.
(g) Construction-Demolition, Repair, Restrictions
The noise caused by the erection, demolition, alteration or repair of a building or
by construction of earth-moving equipment working upon such site situated
within 500 feet of an occupied dwelling house on any day, between the hours of
9:00 o'clock in the evening and 5:00 o'clock in the forenoon of the following day,
excepting Sundays, when no such noise shall be created before the hour of
12:OO noon shall be deemed to be noises likely to disturb.
(h) Lawnmower-Times of day
The noise made by power lawn mower within 100 feet of an occupied dwelling
house on any day between 'the hours of 10:OO o'clock in the evening and 8:00
o'clock the forenoon of the following day excepting Sundays, when no such
noise shall be created before the hour of 12:OO noon shall be deemed to be
noises likely to disturb.
(i) Watercraft Noise
The noise emanating from a source found on any houseboat or other watercraft
not associated with the operation of the said houseboat or watercraft nor to any
other incidental shipping activity, which is of such volu~iie or duration that is
likely to disturb inhabitants in a dwelling house shall be deemed to be noise
likely to disturb.
(j) Police 'Officer-Disturbance and Investigation
The noise disturbs Police Officer acting in accordance with their duties pursuant
to the Police Services Act, or successor legislation, shall be deemed to be
noises likely to disturb.
4. Restrictions:
This By-law shall not:
(a) Light Fixtures
Require light fixtures used in conjunction with commercial, industrial,
institutional, agricultural or recreational uses to be turned off at any time the use
is actually being conducted.
Noise By-Law #I
7/04
(b) Illuminated Signs
Require an illuminated outdoor advertising sign, on the premises of a business,
to be turned off at any time the business is open to the public; or
(c) Light Fixtures-Security
Require light fixtures used to illuminate any area for emergency, security or
public safety purposes to be turned off at any time the illumination is necessary
for those purposes.
5. Exceptions:
None of the provisions of the By-law shall apply to prevent:
(a) Farm Machinery
The noise caused by any machines of husbandry, corn dryers or other farm
machinery, being used to put in crops or remove crops, or.being used for any
other normal farming practices.
(b) Parades, Fairs, Public or Fundraising Functions
The noise caused by a lawful parade, fair, public function or fundraising function
which has been duly authorized by a Resolution of Council.
(c) Outdoor Hymn-Carolling
The noise caused by an outdoor hymn sing or carolling performance.
(d) Church Bells-Chimes
The noise caused by the sound of a church bell or chime
(e) Public Utility Work
The noise caused by works done upon site or highway when such work in
undertaken by forces of the corporation of the Township of North Kawartha, the
county of Peterborough, Hydro One, the Ministry of Transportation, any other
public utility, or any contractor providing services on their behalf, within the
corporation.
(f) Traffic Control Devices
The noise created as part of the traffic control devices, including those at traffic
signal locations and railway crossings.
(g) Warning Safety Devices-Vehicles
The noise created as part of a vehicle's warning devices where required or
authorized by law or in accordance with good safety practices, including a
'vehicle's back-up alarm.
(h) Snow Removal Equipment
The noise created by the operation of snow removal equipment while in the
operation of snow removal.
(i) Emergency Vehicle Sirens
The noise created by the sound of a siren on an emergency vehicle.
6. Grant of Exceptions by Council:
(a) Exceptions
Not with standing anything contained in this By-law, any person may make
application to council to be granted an exemption from any of the provisions of
this By-law with respect to any sources of sound for which helshe might be
prosecuted and council, by resolution, may refuse to grant any exerr~ption of
Noise By-Law #17/04
lesser effect and any exemption granted shall specify the time period, not in
excess of 6 months, during which it is effective and may contain such terms and
conditions as council sees fit.
(b) Breach
Breach by the applicant of any of the terms or conditions of any exemption shall
render the exemption null and void.
7. Penalties and Enforcement
(a) Penalties
Any person who contravenes any provision of this By-law is guilty of an offence
and upon conviction, is liable to fine of not more that the maximum fine under the
Provincial Offences Act.
(b) Enforcement
This By-law shall be enforced by a Police Officer, Police Cadet, Municipal Law
Enforcement Officer, Provincial Offences Officer, By-law Enforcement Officer or
any other person appointed by the council of the Township of North Kawartha.
8. Repeal of Various By-laws
That By-law 56/93 of the former Township of Chandos be hereby repealed in its
entirely.
READ A FIRST, SECOND AND 'THIRD 'TIME AND PASSED IN OPEN
COUNCIL ON THE 17TH DAY OF FEBRUARY, 2004.
-, -
Jim Whelan, Reeve
.
.
-
L-
I -
1 ' .
',
Connie Parent, Clerk
RECEIVED APR 1 3 2001
':vn , -1
THE HONOURABLE JUSTICE RAYMOND P TAiLLON
REGIONAL SENIOR JUSTICE
CENTRAL EAST REGION
ONTARIO COURT OF JUSTICE
PROVINCIAL DIVISION
April 2"d, 2004
Ms. Connie Parent
Clerk
Township of North Kawartha
P. 0. Box 550
135 Burleigh Street
Apsley, On
KOL 1AO
Dear Ms. Parent:
L'HONORABLE JUGE RAYMOND P. TAILLON
JUGE PRINCIPAL REGIONAL
REGION DU CENTRE-EST
COUR DE JUSTICE DE L'ONTARIO
DIVISION PROVlNClALE
Re: Set Fines - Part I
Township of North Kawartha
Enclosed herewith is a copy of an Order and a copy of a schedule of set fines for By-law
No. 17/04, as amended for the By-law indicated in the schedule.
The setting of the fines does not constitute my approval of the short form of the wording
used to describe the offences.
- i nave iorwaraea a copy oi the Order and i'ne scheauie oi tne set fines io the POk Couri
at Peterborough, together with a certified copy of the By-law.
Yours truly,
n
Regional Senior Justice
Central East Region
Enclosures
PROVINCIAL OFFENCES ACT
PART l
IT IS ORDERED pursuant to the provisions of the Provincial
.A
Offences Act and the rules for the Ontario Court of Justice,
that the amount set opposite each of the offences in the
attached schedule of offences under the Provincial Statutes
and Regulations thereunder and the By-law No. 17/04, as
amended of the Township of North Kawartha, attached
hereto is the set fine for those offences. This Order is to
take effect April 2nd, 2004.
DATED at Lindsay
This 2nd day of April, 2004.
Regional Senior Justice
Central East Region
Ontario Court of Justice
THE CORPORATION OF THE TOWNSHIP OF
NORTH KAWARTHA
BY-LAW #I
7104
BEING A BY-LAW FOR THE PROHIBITING AND REGLILATION WITH RESPECT
TO NOISE, VIBRA'I'ION, ODOUR, DUST AND OUTDOOR ILLllMlNATlON
INCLUDING INDOOR LIGHTING THAT CAN BE SEEN OUTDOORS.
Part I Provincial Offences Act
ITEM
COLUMN 1
COLUMN 2
COLUMN3
.
Short Form Wording
Offence creating
Set fine
Provision or defining
(including costs)
Offence
I
&
1.
Making a noise likely
Section 2
$45tmO
/ J J * - ~ / ?
To disturb the inhabitants.
2.
Making a vibration likely
Section 2
To disturb the inhabitants
#
3.
Making an odour likely
Section 2
-0
/Jj-.
*(, f l ~
To disturb the inhabitants
4.
Making dust likely to
Disturb the inhabitants
Section 2
5.
Making outdoor illumination
Section 2
Likely to disturb the inhabitants
6.
Permitting a noise likely
Section 2
To disturb the inhabitants
7.
Permitting a vibration likely
To disturb the inhabitants
8.
Permitting an odour likely
To disturb the inhabitants
9.
Permitting dust likely to
Disturb the inhabitants
Section 2
Section 2
Section 2
10.
. Permitting outdoor illumination likely
Section 2
To disturb the inhabitants
NOTE: The penalty provision(s) for the'offence(s) indicated above is section
7(a) of By-law #I7104
THE CORPORATION OF THE TOWNSHIP OF
NORTH KAWARTHA
BY-LAW #I
7/04
BEING A BY-LAW FOR THE PROHIBITING AND REGULATION WITH RESPECT TO
NOISE, VIBRATION, ODOUR, DUST AND OUTDOOR ILLUMINATION INCLUDING
INDOOR LIGHTING THAT CAN BE SEEN OUTDOORS.
Part I Provincial Offences Act
ITEM
COLUMN 1
Short Form Wording
COLUMN 2
COLUMN 3
Offence creating
Set fine
Provision or
(including costs)
defining
Offence
1.
Making a noise likely
Section 2
$1 50.00
To disturb the inhabitants.
2.
Makirlg a vibration likely
Section 2
$1 50.00
To disturb the inhabitants
3.
Making an odour likely
Section 2
$150.00
To disturb the inhabitants
4.
Making dust likely to
Disturb the inhabitants
Section 2
$150.00
5.
Making outdoor illumination
Section 2
$150.00
Likely to disturb the inhabitants
6.
Permitting a noise likely
Section 2
$150.00
To disturb the inhabitants
7.
Permitting a vibration likely
Section 2
$150.00
To disturb the inhabitants
8.
Permitting an odour likely
Section 2
$1 50.00
To disturb the inhabitants
9.
Permitting dust likely to
Section 2
$150.00
Disturb the inhabitants
10.
Permitting outdoor illumination likely
Section 2
$150.00
To disturb the inhabitants
NOTE: 'The penalty provision(s) for the offence(s) indicated above is
section 7(a) of By-law #I
7/04