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OFFICE CONSOLIDATION
By-Law No. 14-2005
A by-law to prohibit and regulate certain
noises within the Town of Renfrew
This by-law is printed under the authority of the
Council of the Corporation of the
Town of Renfrew
PASSED OCTOBER 24, 2005
DATE
AMENDMENTS
AMENDING BY-LAW
AMENDMENTS
December 13, 2010
By-Law No. 54-2010
Part 4; EXEMPTION
OF ACTIVITIES
Disclaimer: The following consolidation is an electronic reproduction made available for information
only. It is not an official version of the by-law. The format may be different, and plans,
pictures, other graphics or text may be missing or altered. The Corporation of the
Town of Renfrew does not warrant the accuracy of this electronic version. This
consolidation cannot be distributed or used for commercial purposes. It may be used
for other purposes only if you repeat this disclaimer and the notice of copyright. Official
versions of all by-laws can be obtained from the Clerk's Department by calling (613)
432-4848.
CORPORATION OF THE TOWN OF RENFREW
BY-LAW NO. 14-2005
Being a by-law to prohibit and regulate
certain noises within the Town of Renfrew.
WHEREAS Section 128 of the Municipal Act, 2001, S.O. 2001, authorizes a local
municipality to prohibit and regulate with respect to public nuisances, including matters
that, in the opinion of council, are or could become or cause public nuisances; and
WHEREAS Section 129 of the Municipal Act, 2001, S.O. 2001, authorizes a local
municipality to prohibit and regulate with respect to noise, vibration, odor, dust and
outdoor illumination, including indoor lighting that can be seen outdoors; and
WHEREAS the residents of a municipality should be ensured an environment free
from unusual, unnecessary, or excessive noise which may degrade the quality and
tranquility of their lives or cause a nuisance; and
WHEREAS the Council of the Town of Renfrew deems it expedient to pass a by-law
to regulate noise.
NOW THEREFORE the Council of the Corporation of the Town of Renfrew hereby
enacts as follows:
1. DEFINITIONS
For the purpose of this by-law:
1.1
"Corporation" means The Corporation of the Town of Renfrew.
1.2
"Council" means the Council of the Corporation of the Town of Renfrew.
1.3
"Municipality" means the land within the geographic limit of the
Municipality of the Town of Renfrew.
1.4
"Unnecessary Noise" means noise that is of such loud volume or
continuous duration that it creates a nuisance, is likely to disturb the
inhabitants of any dwelling and without limiting the generality of the
foregoing, includes the following:
a)
the noise from or created by any radio, or television, or any musical
or sound-production instrument when such device is played or
operated in such a manner or with such volume as to disturb the
inhabitants of any dwelling;
b)
the noise made by a domestic animal or bird, including a
persistently barking dog; and
c)
the noise arising between the hours of 10:00 p.m. of any
day and 7:00 a.m. of the next day from excavation or
construction work.
1.5
"Point of Reception" means any premises of a person where noise is
received.
2. UNNECESSARY NOISE PROHIBITED
2.1
No person shall cause or permit any Unnecessary Noise within the
Municipality that creates a disturbance to a person at the Point of
Reception.
2.2
No person shall operate a lawn mower, chain saw or other similar
motorized device between the hours of 10:00 p.m. of any day to 7:00
a.m. of the next day, if such operation causes Unnecessary Noise_
3. EXEMPTION FOR EMERGENCY MEASURES AND PUBLIC SAFETY
Notwithstanding any other provisions of this by-law, this by-law does not apply
to any person who makes, causes or permits the making of noise in connection
with emergency measures undertaken,
3.1
for the immediate health, safety or welfare of the inhabitants of the
Municipality; or
3.2
for the preservation or restoration of property.
4. EXEMPTION OF ACTIVITIES
Notwithstanding any other provisions of this by-law, this by-law does not apply
to a person who makes, causes or permits the making of noise in connection
with any of the following activities:
4.1
any parades or events for ceremonial, religious or traditional purposes
that have been authorized or endorsed by Council;
4.2
any use of bells or chimes normally associated with activities within a
place of worship;
4.3
any carnival, festival, midway or circus authorized or endorsed by Council.
4.4
any sporting, recreational, musical entertainment, or other event or
performance in municipal parks or municipal buildings authorized or
endorsed by Council or the Parks and Recreation Department of the
Corporation;
4.5
any detonation of fireworks authorized or endorsed by Council.
4.6
any activities of the Corporation or its employees or agents, associated
with the provision of maintenance and essential services;
4.7
any normal noise that emanates from an industrial zone as defined in the
Corporation's Comprehensive Zoning By-Law that results from an
essential part of the industrial process that is established on the property
from which the noise originated;
4.8
any normal noise that emanates from a commercial zone as defined in
the Corporation's Comprehensive Zoning By-Law that results from an
essential part of the business process that is established on the property
from which the noise originated.
5. GRANT OF EXEMPTION BY COUNCIL
5.1
Notwithstanding any other provisions of this by-law, any person may
make application to Council to be granted an exemption from any
provision of this by-law with respect to any source of noise for which the
person might be in violation of this by-law. Council, by resolution, may
grant or refuse to grant any exemption, or may grant an exemption on
terms other than those sought by the applicant. Any exemption granted
by Council shall specify the time period and date during which it is
effective and may contain such terms and conditions as Council sees fit.
5.2
The application shall be made in writing and shall contain:
a)
the name and address of the applicant;
b)
a description of the noise in respect of w hich the
exem ption is sought; and
c)
the period of time and date for which the exemption is sought.
6. VALIDITY
Should any section, subsection, clause, paragraph or prov1s1on of this
By-Law be declared by a Court of competent jurisdiction to be invalid or
illegal for any other reason, such offending section or part shall be
deemed to have been severed from this By-Law and the remaining
sections or parts shall continue in full force and effect and shall remain
valid and binding.
7. RESCIND BY-LAW
By-Law 17-82, passed by the Council on the 5t h day of April 1982, is
hereby rescinded.
8. OFFENCES AND PENALTIES
8.1
Every person who contravenes any of the provisions of this by-
law is guilty of an offence and is liable to the penalty provided for
under the Provincial Offences Act.
8.2
Every person who is guilty of an offence under this by-law may, if
permitted under the Provincial Offences Act, pay a set fine, and
the Regional Senior Justice, East Region, Ontario Court of
Justice, shall be requested to establish set fines as set out in
Schedule "A" attached to this by-law.
9. ENACTMENT
9.1
This By-Law shall come into force and take effect from the date of
its final passing.
Read a first and second time this 24th day of October, 2005.
Read a third and final time this 24th day of October, 2005.
__________________________
_______________________
Sandi Heins, Mayor
Kim R. Bulmer, Clerk