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THE CORPORATION OF THE MUNICIPALITY OF SHUNIAH
BY-LAW NO.
~131-(Y
Being a By-law to restrain certain nuisances and to-prohibit
certain noises within the Municipality of Shuniah and to repeal
By-law No 1438.
a)
The Municipality of Shuniah has deemed it necessary to restrain and to prohibit
certain nuisances and to prohibit or regulate noises within the Municipality of
~'
Shuniah
r
b)
Council deems it expedient to repeal and replace By-law No 1438.
THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY
F SHUNIAH HEREBY ENACTS AS FOLLOWS:
1.
SHORT TITLE:
This By-law may be referred to as "The Noise By-law".
DEFI N ITIONS:
2.1
'Municipality' shall mean the geographic limits of the Municipality of Shuniah.
2.2
'Corporation' shall mean The Corporation of The Municipality of Shuniah.
2.3
'Noise' shall mean any unwanted sound or vibration at a level that is likely to
disturb the persons or inhabitants.
2.4
'Powered Property Service Tool' shall mean any powered device (exclusive of
hand power) used in the servicing or maintenance of property.
2.5
'Vehicle' shall mean a vehicle as defined "in The Highway Traffic Act as well
as a motorized snow vehicle.
2.6
'Vicinity' shall mean the general surrounding area from the centre in which the
noise is being generated.
ROHIBITIONS
No person shall ring bells, blow horns, shout or make or permit to be made
unusual or excessive noises, or noises likely to disturb the inhabitants or any
other person in the Municipality.
Notwithstanding the generality of the provisions of Section 3, the following are
hereby declared to be noises which in the opinion of Council are likely to disturb
the inhabitants or any other person in the Municipality and are hereby prohibited
and no person shall make, cause or permit any such noises:
4.1
Yelling, shouting, hooting, whistling or singing at any time or place which
disturbs or is likely to disturb persons in the vicinity.
4.2
The shouting or crying of peddlers, hawkers and vendors, which disturbs or is
likely to disturb persons in the vicinity.
4.3
Any incessant noise made by any animal or bird kept as a domestic pet,
which disturbs or is likely to disturb persons in the vicinity.
By-law No. d 13 q -/ ~
Page 2 of4
4.4
The noise from or created by any radio receiving set, television receiving set,
musical instrument, phonograph, loudspeaker or other machine or device for
the producing or reproducing of sound magnetically or electronically or
otherwise, at any time between the hours of 23:00 hours of one day and
07:00 hours of the next following day that may be audible at or beyond the lot
line of the property from which the noise emanates.
4.5
The excessive noise from or created by any radio receiving set, television
receiving set, musical instrument, phonograph, loudspeaker or other machine
or device for the producing or reproducing of sound, magnetically or
electronically or otherwise, in such manner as to disturb or likely disturb
persons in the vicinity which projects noise or sound into any street or public
place.
4.6
The noise from or created by any permitted horn or signalling device on any
vehicle or public service vehicle on any street, public lane or private property
except when sounded as a danger warning.
4.7
The noise from or created by any permitted horn or signalling device on any
vehicle on any street, public place or private property for an unnecessary or
unreasonable period of time.
4.8
The excessive noise caused by any vehicle that is out of repair, loaded,
secured or operated in such manner as to create grating, grinding, rattling or
other noise.
4.9
The noise caused by the operation of a powered property service tool other
than snow removal equipment in the outside environment in any residential
area between the hours of 23:00 hours of one day and 07:00 hours of the
following day unless the following day is a Sunday or a holiday in which case
the time shall be 09:00 hours.
4.10 Disturbing or excessive noise in connection with loading or unloading any
vehicle or the opening and destruction of bales, boxes, crates and containers
or similar activities that is disturbing or likely to disturb the inhabitants.
4.11 The noise from the operation of solid waste bulk lift or refuse compacting
disturbing or likely to disturb persons in the vicinity; equipment in any
residential area between the hours of 23:00 hours of one day and 07:00
hours of the following day, unless the following day is a Sunday or holiday; in
which case the time shall be 09:00 hours provided, however, that this clause
shall not prevent the driving or moving of such equipment within such areas.
4.12 Any noise that disturbs or is likely to disturb persons in the vicinity arising
between the hours of 23:00 hours of one day and 07:00 hours of the next
following day from any excavation, quarry or construction work whatsoever,
including the erection, demolition, alteration or repair of any building.
4.13 Every person, including a firm, partnership, or Corporation, with authority
direct or indirect, over equipment or workmen employed on any excavation,
quarry or construction whatsoever, shall ensure that such equipment or
workmen do not cause or make any of the noises prohibited by this By-law
and shall be guilty of an offence under this By-law in the event of such
prohibited noise being made or caused by such equipment or workmen.
EXEMPTIONS:
None of the provisions of this By-law shall apply to the following:
5.1
The use in a reasonable manner of any apparatus or mechanism for the
amplification of the human voice or of music in a public park or any other
commodious space in connection with any public election, public celebration;
provided written permission of the Council of the said Corporation has first
been obtained.
IBY-laW No. n 31-f~
Page 3 of 4
5.2
Any military or other band or any parade, for which the person responsible for
or in charge thereof has obtained written permission from the Corporation of
the Municipality of Shuniah.
5.3
Any fair or similar event that has received written permission from the Council
of The Corporation of the Municipality of Shuniah.
5.4
Any vehicle of the Police or Fire Department or any ambulance or any public
service or emergency vehicle while answering a call.
5.5
Any sound from any private radio in a motor vehicle installed for the sole
benefit or entertainment of the operator and occupants of such vehicle when
same is not audible at a distance of eight (8) metres from such vehicle.
5.6
Any sound from the operation of any railway which operates under The
Railway Act of Canada or work in connection with any such railway.
5.7
Any case of public necessity.
OFFENCES
6.1
Every person who contravenes or fails to comply with the sections herein has
committed an offence and upon conviction may be liable to a fine provided for
in Schedule "A" to this By-law, pursuant to the Provincial Offences Act, R.S.O.
1990.
6.2
If any section, subsection, paragraph, sentence, clause, or provision of this
By-law be declared by a Court of competent jurisdiction to be invalid, illegal
or ultra vires for any other reason, all other provisions of this By-law shall
remain and continue in full force and effect and shall remain valid and binding.
ENACTMENT
This By-law shall come into force and take effect on:
7.1
Schedule "A" to this By-law being forwarded to and approved by the Senior
Regional Justice of Ontario Court of Justice;
7.2
The Third and Final reading thereof
REPEALS
Upon passage of this By-law No. 1423 is hereby repealed.
That this By-law shall come into force and take effect upon the final passing
thereof.
EAD A FIRST AND SECOND TIME THIS I D tR-
DAY OF f(br"tl1J 2014
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Municipality of Shuniah
Part 1 Provincial Offences Act
SCHEDULE "A"
To By-law No. 2739-14
Being a By-law to restrain certain
nuisances and to-prohibit certain noises
Item
Short Form Wording
Provision Creating
definina offl
Causing or permitting unusual or excessive
1
noise by ringing bells, blowing horns, or
Section 3
shouting.
Causing or permitting excessive noise by
Section 4.1
2
~elling, shouting, hooting, whistling or
singing.
3
Shouting or crying by Peddler, Hawker or
Section 4.2
rvendor which disturbs the inhabitants
4
Causing or permitting incessant noise made
Section 4.3
by any animal or bird kept as a domestic pet.
5
Causing or permitting noise between 23:00
Section 4.4
and 07:00.
Causing or permitting excessive noise from a
6
radio, television, musical instrument,
Section 4.5
phonograph, loudspeaker or other machine
or device.
Causing or permitting noise from a permitted
7
horn or signalling device except when
Section 4.6
sounded as a danger warning;
Causing or permitting noise from a permitted
8
horn or signalling device for an unnecessary
Section 4.7
or unreasonable period of time.
9
Causing or permitting noise by vehicle that is
Section 4.8
out of regair, loaded, secured or operated.
Causing or permitting noise by a powered
10
property service tool between 23:00 and
Section 4.9
07:00 or a Sunday or a holiday before 09:00.
11
Causing or permitting noise from loading or
Section 4.10
unloading a vehicle.
Causing or permitting noise from solid waste
12
bulk lift or refuse compacting equipment
Section 4.11
between 23:00 and 07:00 or a Sunday or a
holiday before 09:00.
Causing or permitting noise from excavation,
13
quarry or construction work, between 23:00
Section 4.12
07:00.
Causing or permitting prohibited noise from
14
any equipment or workmen by person with the
Section 4.13
auth~director ill9irect.
~---- .. -.----
---
... _._---------
Set Fine
$125.00
$125.00
$125.00
$125.00
$125.00
$125.00
$125.00
$125.00
$125.00
$125.00
$125.00
$125.00
$125.00
$125.00
~~-
Note: The general penalty provisions for the offences listed above are Section 6 of By-law
No. 2739-14 a certified copy of which has been filed and s. 61 of the Provincial Offences
Act, R.S.O. 1990, c. P. 33".
(
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PROVINCIAL OFFENCES ACT
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 the offences in the attached
schedules of offences under the Provincial Statutes and Regulations thereunder and By-
law No. 2739-14, Part I, ofthe Municipality of Shuniah, Thunder Bay District, attached
hereto are the set fines for these offences, to take effect February 2ih, 2014.
Dated at Thunder Bay this 2ih day of February, 2014.
j/J/Z --
The Honourable Marc L. Bode
Regional Senior Justice
Northwest Region
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OFFICE OF THE REGIONAL SENIOR JUSTICE
NORTHWEST REGION
ONTARIO COURT OF JUSTICE
COURTHOUSE
1805 EAST ARTHUR STREET
THUNDER BAY, ONTARIO P7E 2R6
February 27th, 2014
Municipality of Shuniah
420 Leslie Avenue
Thunder Bay, Ontario
P7A lX8
Attention: Nadene Hunley, Deputy Clerk
Dear Ms. Hunley:
RE: Municipality of Shuniah, Thunder Bay District
Part I Provincial Offences Act, Bvlaw 2739-14: Noise
CABINET DU jUGE PRINICIPAL REGIONAL
REGION DU NORD-OUEST
jUGE DE LA COUR DEjUSTICE DE L'ONTARIO
PALAIS DE JUSTICE
1805, RUE ARTHUR EST
THUNDER BAY (ONTARIO) P7E 2R6
TELEPHONE/TELEPHONE (807) 625-1625
FAX/TELECOPIEUR (807) 625-1601
Enclosed herewith is the original Order with original schedule of set filles for By-Law Number
2739-14, the Bylaws indicated in the schedules for the Municipality of Shuniah, Thunder Bay
District, together with your certified copy ofthe By-law Number 2739-14.
The setting of the fines does not constitute my approval of the short form of wording used to
describe the offences.
A copy of the Order and the schedule of the set fines are being held in the Office of the Regional
Senior Justice at Ontario Court of Justice in Thunder Bay.
Yours truly,
The Honourable Marc L. Bode
Regional Senior Justice
Northwest Region
MLB:mz
Encls.
Ac
cc: Ms. Kerry-Lee Thompson, Crown Law Office, Toronto
Ms. Kathy Dallaire, POA Supervisor, Thunder Bay
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MAR 1 2 2014-' ~
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OFFICE OF THE REGIONAL SENIORjUSTICE
NORTHWEST REGION
ONTARIO COURT OF JUSTICE
COURTHOUSE
1805 EAST ARTHUR STREET
THUNDER BAY, ONTARIO P7E 2R6
February 2ih, 2014
Ms. Kerry Lee Thompson
Crown Counsel, Crown Law Office
Ministry of the Attorney General
9th Floor, 720 Bay Street
Toronto, Ontario
M5G2Kl
Dear Ms. Thompson:
RE: Municipality of Shuniah, Thunder Bay District
Part I Provincial Offences Act. Bylaw 2739-14: Noise
I have enclosed the following for your information:
CABINET DU jUGE PRINICIPAL REGIONAL
REGION DU NORD-OUEST
jUGE DE LA COUR DE JUSTICE DE L'ONTARIO
PALAIS DEjUSTICE
1805, RUE ARTHUR EST
THUNDER BAY (ONTARIO) P7E 2R6
TELEPHONE/TELEPHONE (807) 625-1625
FAX!Tt:LECOPIEUR (807) 625-1601
1.
Copy of signed Order and accompanying schedule of set fines for
Bylaw 2739-14 - Noise.
2.
Copy of letter to Nadene Hunley, Deputy Clerk, Municipality of
Shuniah.
Please note that a copy of the Order and the schedule of the set fines are being held in the
Office of the Regional Senior Justice at Ontario Court of Justice in Thunder Bay. The
original Order and schedule of set fines have been forwarded to the Municipality of
Shuniah, Thunder Bay District.
Yours truly,
/-;]/;!/!, "/
The Honourable Marc L. Bode
Regional Senior Justice
Northwest Region
MLB:mz
Encls.
cc:
Ms. Kathy Dallaire, POA Supervisor, Thunder Bay
vNadene Hunley, Deputy Clerk, Municipality of Shuniah