This is the exact embedded text of the captured official document.
Snapshot 7134b1e1bd6c · verified 2026-06-09 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
THE CORPORATION OF THE MUNICIPALITY OF SOUTH DUNDAS
BY-LAW NO. 2016-20
A BY-LAW to prohibit or regulate public nuisances within the
Municipalities of the United Counties of Stormont, Dundas and
Glengarry.
WHEREAS the Municipal Act, 2001, S.O. 2001, c.25, S.129 provides that a
municipality may pass By-laws prohibiting and regulating noise within the
municipality;
AND WHEREAS the people have a right to and should be ensured an
environment free from unusual, unnecessary or excessive sound or noise
which may degrade the quality of life or cause nuisance;
AND WHEREAS Sections 120, 121, 127, 128, and 129 provide for a
municipality to pass By-laws to regulate fireworks, explosives, littering,
nuisances, and noise;
AND WHEREAS Council has, in good faith, determined that certain activities
should be regulated and/or prohibited within the Municipality;
NOW THEREFORE the Council of the Corporation of the Municipality of
South Dundas, in partnership with the member municipalities within the
United Counties of Stormont, Dundas and Glengarry, enacts as follows:
DEFINTIONS
Short Title
This By-law may be cited as the "Nuisance By-law."
Interpretation
For the purposes of this By-law, the following terms shall have the
corresponding meaning;
"Construction"
includes
erection,
alteration,
repair,
dismantling,
demolition, structural maintenance, painting, moving, land clearing, earth
moving, grading, excavating, 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 in any form
or for any purpose, and includes any work in connection therewith;
"Disorderly conduct" refers to petty misdemeanors, breaches of the
peace, loitering, unruly behavior, yelling obscenities, or any other action
deemed to be against public order and decency;
"Graffiti" shall mean markings of any kind placed on property that does not
belong to the person or artist making such marks;
"Motorized vehicle" includes an automobile, motorcycle, and any other
vehicle propelled or driven otherwise than by muscular power; does not
include motor vehicles running only upon rails, or a motorized snow machine,
traction engine, farm tractor, self-propelled implement of
husbandry or road-building machine within the meaning of the Highway
Traffic Act;
"Municipality" means the land within the geographic limit of the enacting
municipality of this By-law;
Page 2
"Noise" means sound that is of such a volume or nature that it is likely to
disturb the inhabitants of the municipality;
"Nuisance" means a noise or an activity listed in Schedule 1 or Schedule
2 of this By-law;
"Officer" means an officer of the municipality responsible for enforcement
of By-laws or a police officer or a peace officer appointed under the Police
Services Act;
"Person" means an individual, firm, corporation, partnership, association
or organization, including a charitable organization;
"Point of reception" means any point on the premises of a person where
noise or vibration originating from other than those premises is plainly
audible, which means the sound in question can be easily detected, without
undue effort, by a disinterested person with no hearing disability;
"Public" means a place outdoors to which the public is ordinarily invited or
permitted access and, for greater certainty, shall include sidewalks, streets,
any portion of a road allowance, parking lots, swimming pools, conservation
area, parks, and playgrounds; school grounds; land premises or buildings
owned, managed or maintained by the Municipality;
"Villages and Hamlets" means those areas falling within the boundaries
identified by the SD&G Official Plan for Rural and Urban Settlement Areas.
GENERAL PROVISIONS
General Prohibitions
No person shall cause or permit to exist any unusual noise, or noise likely to
disturb the inhabitants of the Municipality.
Prohibition by Activity
No person shall emit or cause or permit the emission of noise or a nuisance,
resulting from any activity listed in Schedule 1 - General Prohibitions.
Prohibitions by Time
No person shall emit or cause or permit the emission of noise or a nuisance,
resulting from any activity listed in Schedule 2 - Prohibitions by Time and
which has a sound clearly audible at a point of reception anywhere within
the municipality.
Exemption
Notwithstanding any other provision of this By-law, it shall be lawful to emit
or cause or permit the emission of sound or vibration in connection with
emergency measures undertaken.
Exemption of Activities
This By-law shall not apply to a person who emits or causes or permits the
emission of noise or vibration in connection with any of the activities listed
on Schedule 3 - Exemption of Activities.
Page 3
Exemption of Normal Farm Practices
This By-law shall not apply to a person who emits or causes or permits the
emission of noise or vibration in connection with normal farming practices
within the meaning of the Farming and Food Protection Act, 1998, S.O. 1998,
c.1 as amended.
Exemption by Permit
This By-law shall not apply to a person who has in their possession, at the
time of producing the noise or nuisance, a Temporary Exemption Permit
issued under Schedule 4 and which explicitly exempts the activity producing
the noise or nuisance within a specified time period.
ADMINISTRATION
Grant of Exemption by Council
Notwithstanding 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 law with respect to any nuisance for which he might be prosecuted
and Council, by resolution, may refuse to grant any exemption or may grant
the exemption applied for or any exemption of lesser effect, and any
exemption granted shall be in the form established in Schedule 4.
A breach of any of the terms or conditions of any exemption granted by
Council shall render the exemption null and void.
Severability
If a court of competent Jurisdiction should declare any section or part of a
section of this By-law to be invalid, such section or part of a section shall not
be construed as having persuaded or influenced Council to pass the
remainder of the By-law and it is hereby declared that the remainder of the
By-law shall be valid and shall remain in force.
Enforcement Authority
This By-law shall be enforced by an officer of the municipality responsible
for enforcement of By-laws or a police officer or a peace officer appointed
under the Police Services Act.
Officer Right of Entry
An officer shall have the right of entry on any property for the purpose of
carrying out an inspection to determine whether this By-law is being
complied with and for the enforcement of this By-law, provided that any such
entry shall be in accordance with ss. 435-439 of the Municipal Act, 2001.
Order to Discontinue Activity
An officer may order a person to cease creating a nuisance and/or that all
persons not residing on the premises shall leave the premises where the
nuisance was occurring.
An order under this section may be given verbally or may be served
personally to the person to whom it is directed.
Page 4
No person shall fail to leave the premises after having been directed to leave
the premises pursuant to an order to discontinue an activity under this By-
law.
Obstruction of Officer
No person shall obstruct, hinder or interfere with an Officer of this By-law in
the performance of their duties.
Offence and Penalties
Any person who contravenes any of the provisions of this By-law is guilty of
an offence and upon conviction is liable to a fine as provided for in the
Provincial Offences Act or as set out in the Provincial Offences Act or any
successor;
In addition to any penalty imposed and any other remedy, a court in which
the conviction has been entered and any court of competent jurisdiction
thereafter may make an order.
Prohibiting the continuation or repetition of the violation by the person
convicted; and,
Require the person convicted to correct the contravention in the manner and
within the period that the court considers appropriate.
Enactment
This By-law shall come into force and take effect upon passing.
READ and passed in open Council, signed and sealed this 1st day of March,
2016.
_____________________
MAYOR
_____________________
CLERK
Page 5
Schedule 1 - General Prohibitions
1. No person shall conduct the following activities so as to constitute a
public nuisance whether occurring on public or private property:
a. Disorderly conduct;
b. Public drunkenness or public intoxication;
c. The deposit of refuse on public or private property;
d. Damage to or destruction of public or private property including
the production of graffiti;
e. Pedestrian traffic, vehicular traffic, or illegal parking that
obstructs the free flow of traffic or could interfere with the ability
to provide emergency services;
f. Public disturbances, including public brawls or public fights;
g. Racing of any motor vehicle other than in a lawful racing event
approved by the Municipality;
h. The operation of a motor vehicle in such a way that creates
unnecessary noise such as the sounding of the horn, revving of
engine and the squealing of tires;
i. The operation of a motor vehicle or a motor vehicle with a trailer
resulting in banging, clanking, squealing or other like sounds due
to an improperly secured load or equipment, or inadequate
maintenance;
j. The operation of an air conditioner, water pump, heat pump or
any equipment that is not in proper working order; and/or
k. The detonation of fireworks or explosive devices in an unsafe
manner or in a manner that would have an undesirable outcome
at a point of reception.
2. No person shall urinate or defecate in a public place.
3. No person shall knock over or attempt to knock over a Canada Post
mailbox, Canada Post relay box, newspaper box, blue box, bench,
fence, and picnic table or garbage container. This section shall not
apply to Municipal employees, or any other person under contract with
the Municipality while exercising their authorized duties on behalf of
the Municipality.
4. No person shall discharge firearms within villages or hamlets.
5. No person shall operate any auditory signaling device, including but
not limited to the ringing of bells or gongs and the blowing of horns or
sirens or whistles, or the production, reproduction or amplification of
any similar sounds by electronic means, except where required or
authorized by law or in accordance with good safety practices.
Page 6
Schedule 2 - Prohibitions by Time
Activity
Prohibited Period of Time
1. The sounds from or created
by any radio, phonograph,
tape player, television, public
address system, sound
equipment, loud speaker, or
any musical or sound
producing instrument of
whatever kind when the same
is played or operated in such
manner or with such volume
as to disturb the peace, quiet,
comfort or repose of any
individual in any office,
dwelling house, apartment,
hotel, hospital, or any other
point of reception.
11:00 pm one day to 7:00 am the
next day (9:00 am on Sundays)
2. Yelling, shouting, hooting,
whistling or singing.
11:00 pm one day to 7:00 am the
next day (9:00 am on Sundays)
3. Detonation of fireworks or
explosive devices.
11:00 pm one day to 7:00 am the
next day (9:00 am on Sundays)
4. Operation of any construction
equipment or construction
activities.
11:00 pm one day to 7:00 am the
next day (9:00 am on Sundays)
5. Operation or use of powered
equipment for domestic
purposes (i.e. lawn mower,
leaf blowers, chain saw,
power tools or other similar
devices) other than powered
equipment related to snow
removal.
11:00 pm one day to 7:00 am the
next day (9:00 am on Sundays)
6. The operation of any
motorized vehicle for personal
use and enjoyment, including
snowmobiles, all-terrain
vehicles and off-road
motorcycles on one's
property.
11:00 pm one day to 7:00 am the
next day (9:00 am on Sundays)
7. The operation of a
combustion engine which is,
is used in, or is intended for
use in, a toy, or a model or
replica of any device, which
model or replica has no
function other than
amusement.
11:00 pm one day to 7:00 am the
next day (9:00 am on Sundays)
8. Loading, unloading,
delivering, packing,
unpacking, or otherwise
handling any containers,
products, materials, or refuse,
whatsoever, unless necessary
for the operation of essential
services or the moving of
private household effects.
11:00 pm one day to 7:00 am the
next day (9:00 am on Sundays)
Page 7
Schedule 3 - Exemption of Activities
The following is a list of activities and sources of noise of which Council
considers to be exempt from the provisions of this By-law:
1.
Road and bicycle races authorized by the municipality;
2.
Regimental salutes;
3.
Parades authorized by the municipality;
4.
Midways and circuses authorized by the municipality;
5.
Sporting, recreational and entertainment events in public parks,
buildings or grounds authorized by the municipality;
6.
Musical and other performances in public parks, buildings or grounds
authorized by the municipality;
7.
Special neighbourhood social activities on streets or other public land
authorized by the municipality;
8.
Transformers and diesel operated pumps owned by the municipality
and necessary preventive maintenance work undertaken by the
municipality;
9.
Necessary municipal operations, including but not limited to snow
clearing, street cleaning and garbage collection, undertaken by or on
behalf of the municipality;
10. Snow removal that is essential for the normal operation of a
business;
11. The operation of emergency vehicles;
12. Educational and political events authorized by the municipality;
and/or
13. Church and school bells ringing.
Page 8
Schedule 4 - Application to Council
Application for Temporary Exemption Permit
To Nuisance By-law 2016-20
Authorization:
_______________________
__________________________
Date
Signature
__________________________
Clerk
Applicant Name:
Last
First
Applicant Address :
Street
Postal Code
Applicant's Phone Number:
Group or Organization:
Event Title:
Date of Event:
Time of Event
(If event is being held over more than one day, specify times for
each day)
Description of Event - include the source of sound or vibration in
respect of which the exemption is being sought:
State the particular provision or provisions of the By-law from
which the exemption is being sought