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OWm,/é'D
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THE CORPORATION
OF THE MUNICIPALITY
OF OLIVER
PAIPOONGE
BY-LAW NO. 874 - 2015
A By--lawto regulate or prohibit unusual noises likely to
disturb the inhabitants ofthe Municipality ofOliver
Paipoonge.
WHEREAS the Municipal Act, RSO 2001, c. 25 Clause 129(a) provides that a local municipality
may prohibit and regulate with respect to noise, vibration, odour and dust; and
WHEREAS
Clause 129(b) of the said Act provides that a local municipality may prohibit the
matters described in clause 129(a) unless a permit is obtained from the municipality for those
matters and may impose conditions for obtaining, continuing to hold and renewing the permit,
including requiring the submission of plans;
WHEREAS the Council of The Corporation of the Municipality of Oliver Paipoonge deems it
necessary to pass such a by-law;
NOW THEREFORE, THE COUNCIL OF THE CORPORATION
OF THE MUNICIPALITY
OF OLIVER PAIPOONGE
ENACTS AS FOLLOWS:
1.
In this By-law,
"Public Address System" means any system of loud speakers, ampli?ers, microphones or
reproducers or combination of such equipment used in the reproduction or ampli?cation
of music, speech or other sounds, when used for communication to or otherwise
addressing or entertaining groups of people, whether the same is mounted on the exterior
of a building or other structure or directed to the exterior of a building or structure located
upon the ground or mobile.
No person shall within the Corporate limits of the Municipality of Oliver Paipoonge, ring
any bell, blow or sound any horn, shout or make any unusual noise or noise likely to
disturb the inhabitants of the Municipality of Oliver Paipoonge or cause or permit the
same to be made.
(1) No person shall carry out, cause or permit any external construction, demolition or
excavation
work including the erection, demolition, alteration or repair of any building
structure, between the hours of 10:00pm of any day and 7:00am of the next following
day, except in the case of urgent necessity involving the safety of persons or the
preservation of property.
(2) During the period between April 1st and October 31s t both inclusive in any year, the
prohibited hours shall be between 10:30pmof any day and 6:30am of the next following
day.
No person shall cause or permit a radio, phonograph, cassette player, compact disc
player, musical instrument or public address system to be used between the hours of
11:00pm of any day and 7:00am of the next following day so as to disturbthe peace and
comfort of the neighbourhood or of any person in any dwellinghouse,apartment, room
or other type of residence separate from the dwellinghouse, apartment, room or residence
in which the aforementionedequipment or instruments are used.
By-law 874-2015
10.
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Page 2 of 3
No person shall cause or permit, without the written permission of the Council of the
Municipality, the use of any Public Address System for the projection of sound onto a
street or other public place from any building, provided that nothing in this Section shall
apply to the use of ampli?ers in a reasonable manner in a public park or other such
commodious space for the purpose of election meetings or other reasonable gatherings;
and provided further that if for any reason the Council is not satis?ed that written
permission is to be granted, he or she shall report the application to Council which may
grant or withhold suchpennission.
No person shall cause or permit the operation of any public address system during school
hours within 100 feet of any school.
(1) No person shall, within the Municipality, keep any birds or animals, the sounds or
cries of which are likely to disturb the inhabitants of the Municipality.
(2) This Section shall not apply to any lawful farming, farm related or agricultural
operation conducted within an area zoned for such purposes under the Municipality's
Zoning By-law.
No person shall operate any motor vehicle or any equipment, sound system or noise
making device thereon in such manner that the sound therefrom is likely to disturb the
inhabitants of Municipality.
None of the provisions of this By-law shall apply to:
a)
The use in a reasonable manner of any apparatus or mechanism for the
ampli?cation of the human voice or of music in a public park or any other
commodious space in connection with any public election meeting, public
celebrationor other reasonablegathering, provided written permission of
Council, is first obtained.
b)
Any military or other band or any parade, operating under a permit obtained from
the By-law Enforcement Of?cer or Council.
c)
Any vehicle of a police or ?re department or any ambulance or any public service
or emergency vehicle.
(1)
Any sound from any private radio in a motor vehicle, installed for the sole bene?t
or entertainment of the operator and occupants of such vehicle, when same is not
auditable at a distance of 10 metres from such vehicle.
e)
Any noise from farming, husbandry or agricultural operations carried on in the
ordinary course within an area zoned for such purposes under the Municipality's
Zoning By-law
Every person who contravenes
any provision of this by-law is guilty of an offence and on
conviction is liable to a ?ne as provided for in the Provincial Offences Act, R.S.I. 1990,
c. P. 33., in addition to any other remedies provided under the Municipal Act or
Provincial Offences Act.
By-law 474-2007 of The Corporation of the Municipality of Oliver Paipoonge is hereby
repealed.
By-law 874-2015
Page 3 of 3
4.
This by-law shall come into force and take effect on the date of passing.
Enacted and passedthis 8mof November, A.D. 2015 as witnessed by the Seal of the
Corporation and the hands of its proper Of?cers.
THE CORPORATION
OF THE
MUNICIPALITY OF OLIVER PAIPOONGE
Mayor Lucy Kloosterhuis
Marghret4Dupuis,
CAb/Clerk
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