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THE CORPORATION OF THE TOWNSHIP OF SOUTH STORMONT
BY-LAW NO. 2016-20
BEING
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 Township of South Stormont in
partnership with the member municipalities within
the United Counties of Stormont, Dundas and
Glengarry, enacts as follows.
DEFINTIONS
1. Short Title
This by-law may be cited as the "Nuisance By-law."
2. Interpretation
(1)
For the purposes of this by-law, the following terms shall
have the corresponding meaning;
(a)
"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;
(b)
"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;
By-law No. 2016-20
Page 2
Amended
by by-law
2021-100
Amended
by by-law
2021-100
(c)
"Graffiti" shall mean markings of any kind placed on
property that does not belong to the person or artist
making such marks;
(d)
"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;
(e)
"Municipality" means the land within the geographic
limit of the enacting municipality of this by-law;
(f)
"Noise" means sound that is of such a volume or
nature that it is likely to disturb the inhabitants of
the municipality;
"Noise" means a sound that is likely to disturb the
peace, rest, enjoyment, comfort or convenience of a
reasonable person or that is likely to interfere with
the reasonable use and enjoyment of a premise or
residence, but does not include commonplace
household or workplace sounds such as sound from
furniture being moved, children playing or people
engaging in conversation;
(g)
"Persistent noise" means any noise that is
continuously heard for a period of ten minutes or
more, or intermittently heard over a period of one
hour or more.
(h)
"Nuisance" means a noise or an activity listed in
Schedule 1 or Schedule 2 of this by-law;
(i)
"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;
(j)
"Person" means an individual, firm, corporation,
partnership, association or organization, including a
charitable organization;
(k)
"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;
"Point of reception" means any location on the
premises of a person or within a structure where
sound originating from other than those premises is
received, including an outdoor area that is:
- near the façade of a building at a height of 1.5
metres above ground; or
- on a balcony, elevated terrace or accessible
rooftop;"
(l)
"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,
By-law No. 2016-20
Page 3
swimming pools, conservation area, parks, and
playgrounds; school grounds; land premises or
buildings owned, managed or maintained by the
Municipality;
(m)
"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
3.
General Prohibitions
No person shall cause or permit to exist any unusual noise,
or noise likely to disturb the inhabitants of the Municipality.
No person shall make, cause, or permit any unusual noise,
likely to disturb the inhabitants of the Municipality that is
Persistent noise, or that is audible at a point of reception.
4.
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.
5.
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.
6.
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;
7.
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.
8.
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.
9.
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.
By-law No. 2016-20
Page 4
ADMINISTRATION
10.
Grant of Exemption by Council
(1) 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.
(2) A breach of any of the terms or conditions of any
exemption granted by Council shall render the
exemption null and void.
11.
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.
12.
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.
13.
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.
14.
Order to Discontinue Activity
(1) 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.
(2) An order under this section may be given verbally or
may be served personally to the person to whom it is
directed.
(3) 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.
By-law No. 2016-20
Page 5
15.
Obstruction of Officer
(1) No person shall obstruct, hinder or interfere with an
Officer of this By-law in the performance of their
duties.
16.
Offence and Penalties
(1) 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,
(2) 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,
a) Prohibiting the continuation or repetition of the
violation by the person convicted; and
b) Require the person convicted to correct the
contravention in the manner and within the period
that the court considers appropriate.
17.
Enactment
This by-law shall come into force and take effect upon final
reading thereof.
READ AND PASSED in open Council, signed and sealed this 17th day of
February, 2016.
_____________________________
Mayor
_____________________________
Clerk
By-law No. 2016-20
Page 6
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.
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.
4. 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.
By-law No. 2016-20
Page 7
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)
By-law No. 2016-20
Page 8
9. The operation of any
combustion engine or
pneumatic device without
an effective exhaust
muffling device in good
working order and in
constant operation.
11:00 pm one day to 7:00 am
the next day (9:00 am on
Sundays)
10.Racing of any motorized
vehicle.
11:00 pm one day to 7:00 am
the next day (9:00 am on
Sundays)
By-law No. 2016-20
Page 9
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
13. Church and school bells ringing.
By-law No. 2016-20
Page 10
Schedule 4 - Application to Council
Application for Temporary Exemption Permit
To Nuisance Bylaw 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 bylaw from which the exemption is being sought