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THE CORPORATION OF THE MUNICIPALITY OF RED LAKE
BY-LAW NO. _1083-08
BEING A BY-LAW TO REGULATE NOISE
WITHIN THE MUNICIPALITY OF RED LAKE
WHEREAS Section 129 of the Municipal Act, 2001, S.O. 2001, c. 25 as amended,
authorizes the council of every local municipality to regulate and prohibit with respect to
the making of noise; and
WHEREAS it is in the public interest to reduce the noise level in the Municipality of Red
Lake and to promote and protect public health, safety, welfare and the peace and quiet
of the inhabitants of the City.
NOW THEREFORE the Council of The Corporation of the Municipality of Red Lake
HEREBY ENACTS AS FOLLOWS:
PART I - INTERPRETATION AND DEFINITION
1.1
In this By-law unless the context shall otherwise require:
a)
"Clerk" shall mean the Clerk for the Corporation of the Municipality of
Red Lake or his or her designate.
b)
"Construction" shall include erection, alteration, repair, dismantling,
demolition, structural maintenance, painting, moving, land clearing, earth
moving, grading, excavation, 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 associated or related work;
c)
"Construction Equipment" shall mean any equipment or device
designed or intended to be used 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,
trucks, ditchers, compactors and rollers, pumps, concrete mixers, graders
and other material handling equipment;
d)
"Designate" shall mean the person designated, in writing, to have the
authority to act under this By-Law in the absence of the Clerk.
e)
"Emergency Vehicle" shall mean a land ambulance, fire department
vehicle, police services vehicle and any other motor vehicle being used to
respond to an emergency;
f)
"Motor Vehicle" shall include an automobile, bus, truck, motorcycle,
motor assisted bicycle and any other vehicle propelled or driven other
than by muscular power;
g)
"Municipal Service Vehicle" shall mean a vehicle operated by or on
behalf of the Municipality of Red Lake or a contractor retained by the
Municipality while the vehicle is being used for the construction, repair or
maintenance of the highway including the clearing and removal of snow,
construction repair maintenance of a municipal utility, or the collection or
transportation of waste or other municipal purpose;
h)
"Noise" shall mean any sound which is of such volume or nature that it
does, or is likely to disturb any of the inhabitants of the Municipality of
Red; and
i)
"Point of Reception" is any point on any property or premises other
than the property or premises on which the noise originates.
Page 2 of 5- Noise By-Law
PART II - REGULATED NOISE
2.1
No person shall, during the times specified in Schedule A, make, cause or permit
the making of noise within the Municipality of Red Lake that is the result of any
of the activities described in Schedule A that is audible at a point of reception.
PART III - EXEMPTIONS
3.1
Section 2 shall be deemed not to apply to noise resulting from an activity if:
a)
it is the result of measures undertaken in an emergency or by emergency
vehicles;
b)
it is caused by municipal service vehicles;
c) it is caused by mining activities;
d) it is undertaken primarily for religious activities; or
e) a permit has been issued for the activity pursuant to Section 4.3 and the
conditions of the permit are complied with.
PART IV - PERMITS
4.1
The Clerk is designated to review and if deemed expedient and not contrary to
the interests of the community, to authorization for an exemption from this By-
Law.
4.2
All exemptions shall be in writing, and shall set out particulars of the proposed
activity, the area of the Municipality likely to be affected, and the days and times
for which the exception is requested.
4.3
The Clerk may grant an exemption under this By-Law on such terms and with
such conditions or restrictions as she or he deems appropriate.
4.4
Where the Clerk refuses to grant an exemption within 10 days of receipt of an
application, or the applicant is unsatisfied with the conditions imposed by the
Clerk, the applicant may appeal to the Municipal Council by filing with the Clerk a
request to appeal within 20 days of the date that the application was filed with
the Clerk, or 10 days from the date of the granting of the exemption with
conditions, as the case may be.
PART V - OFFENCES
5.1
Any person who contravenes the provisions of this By-Law is guilty of an offence
and upon conviction is subject to a fine as provided for in the Provincial Offences
Act and to any other applicable penalties.
5.2
If this By-Law is contravened and a conviction entered, the court in which the
conviction has been entered or any court of competent jurisdiction thereafter
may in addition to any other remedy and to any penalty that is imposed, make
an order prohibiting the continuation or repetition of the offence by the person
convicted.
PART VI - VALIDITY
6.1
If a court of competent jurisdiction declares any provision or any part of a
provision of this By-Law to be invalid or to be of no force in effect, it is the
intension of Council enacting this By-Law at each and every provision of this By-
Law authorized by law be applied and enforced in accordance with its terms to
the extent possible according to law.
Page 3 of 5- Noise By-Law
PART VII - REPEAL
7.1
That By-Law No. 71-99 be and is hereby repealed.
7.2
That By-Law No. 50-00 be and is hereby repealed.
7.3
That By-Law No. 177-02 be and is hereby repealed.
PART VIII - SHORT TITLE
8.1
This By-Law may be cited as the Municipality of Red Lake "Noise By-Law".
PART IX - IMPLEMENTATION
9.1
This By-Law shall come into force and effect on the date the Ministry of the
Attorney General approves the Set Fines under By-Law No. 1083-08.
READ a FIRST AND SECOND TIME this _____ day of ______________, 2008.
______________________
Phil T. Vinet, Mayor
_____________________
Shelly L. Kocis, Clerk
READ a THIRD TIME and FINALLY PASSED this ____ day of _____________, 2008.
______________________
Phil T. Vinet, Mayor
______________________
Shelly L. Kocis, Clerk
Page 4 of 5- Noise By-Law
Schedule "A"
Regulated Noises Prescribed By Time of Day
Activity
Prohibited Time of Day
1. Persistent barking, calling or whining or other
similar persistent noise making by any domestic
pet or any other animal kept or used for any
purpose other than agriculture.
Prohibited at all times
2. The use of a horn, whistle, bell, or gong except
as a warning device.
Prohibited at all times
3. The detonation of explosive devices used in
construction.
Prohibited between
9:00 p.m. and 7:00 a.m.
4. The operation of an internal combustion
engine without an effective muffler.
Prohibited at all times.
5. The operation of any tool including a hammer,
saw, nail gun, lawn mower, staple gun, hedge
trimmer, drill or the like, except for purposes
of any snow removal.
Prohibited between
9:00 p.m. and 7:00 a.m.
6. The operation of construction equipment.
Prohibited between
9:00 p.m. and 7:00 a.m.
7. The operation of a vehicle as defined under the
Off Road Vehicle Act including a dirt bike, all-
terrain cycle, go-cart, dune-buggy or other like
Unlicensed motor vehicle.
Prohibited at all times.
8. The under taking of construction work, including
erection, alteration, repair, dismantling or any
activity related to construction.
Prohibited between
9:00 p.m. and 7:00 a.m.
9. The operation of any electronic device or group
of connected electronic devices incorporating one
or more loud speakers or other
electro-mechanical transducers, and intended for
the production, reproduction or amplification of
sound.
Prohibited at all times.
10. Yelling, shouting, whistling, singing or playing of
musical instruments.
Prohibited between
9:00 p.m. and 7:00 a.m.
11. The operation of a motor vehicle licensed under
the Highway Traffic Act, or the Motorized Snow
Vehicles Act, without the original manufacturer's
muffler system, or an equivalent muffler
system.
Prohibited at all times.
Note: Please refer to Sections III and IV regarding exceptions and permits relating to
this By-Law.
Page 5 of 5- Noise By-Law
Schedule "B"
Set Fines
"Part 1 Provincial Offences Act"
THE CORPORATION OF THE MUNICIPALITY OF RED LAKE
Municipality of Red Lake By-Law No. _1083-08
Title: Noise By-Law
Item #
Column 1
(Short Form Wording)
Column 2
(Provisions Creating
or Defining Offence)
Column 3
(Set Fines)
1.
Permit persistent noise from pet. Section 2.1
Schedule A
Item 1
$250.00
2.
Use Horn, whistle or bell.
Section 2.1
Schedule A
Item 2
$250.00
3.
Cause noise by detonation of
explosives during prohibited
time.
Section 2.1
Schedule A
Item 3
$250.00
4.
Cause noise by operation of
engine without muffler.
Section 2.1
Schedule A
Item 4
$250.00
5.
Cause noise by operation of tool
during prohibited time.
Section 2.1
Schedule A
Item 5
$250.00
6.
Cause noise by operation of
construction equipment during
prohibited time.
Section 2.1
Schedule A
Item 6
$250.00
7.
Cause noise by operation of
unlicensed motor vehicle.
Section 2.1
Schedule A
Item 7
$250.00
8.
Cause noise by undertaking
construction during prohibited
time.
Section 2.1
Schedule A
Item 8
$250.00
9.
Cause noise by operation of
sound amplification system.
Section 2.1
Schedule A
Item 9
$500.00
10.
Yelling during prohibited time.
Section 2.1
Schedule A
Item 10
$500.00
11.
Cause noise by operation of
vehicle without proper muffler.
Section 2.1
Schedule A
Item 11
$250.00
"Note: The general penalty provision for the offences listed above is Section 5.1 of By-
Law No. 1083-08, a certified copy of which has been filed and section 61 of the
Provincial Offences Act, R.S.O. 1990, c. P.33."