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The Corporation of the Town of Tecumseh
By-Law Number 2023-110
Being a by-law to prohibit and regulate noise in the Town of Tecumseh
Whereas Section 128 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended (the
"Municipal Act"), provides that a municipality may prohibit and regulate with respect to
public nuisances, including matters that, in the opinion of Council, are or could become
public nuisances;
And Whereas it is the opinion of the Council of the Town of Tecumseh that certain
kinds of noise are or could become a public nuisance;
And Whereas Section 129 of the Municipal Act provides that a municipality may
prohibit and regulate with respect to noise and to prohibit the same unless a permit is
obtained from the municipality for those matters and that the municipality may impose
conditions for obtaining, continuing to hold and renewing the permit, including requiring
the submission of plans;
And Whereas Section 23.2 of the Municipal Act permits a municipality to delegate
certain legislative and quasi-judicial powers;
And Whereas Subsection 391(1) and Subsection 391(3) of the Municipal Act provides
that a municipality may impose fees and charges on persons for services or activities
provided or done by or on behalf of it, including the costs incurred by the municipality
related to administration and enforcement;
And Whereas Section 434.1 of the Municipal Act provides that a municipality may
require a person to pay an administrative penalty if the municipality is satisfied that a
person has failed to comply with a by-law of the municipality;
And Whereas Section 434.2 of the Municipal Act provides that an administrative
penalty imposed by a municipality on a person constitutes a debt of the person to the
municipality and, if not paid within 15 days after the day it becomes due and payable,
may be added to a tax roll and collected in the same manner as municipal taxes;
And Whereas Section 444 of the Municipal Act provides that a municipality may make
an order requiring the person who contravened a by-law, or who caused or permitted
the contravention, or the owner or occupier of the land on which the contravention
occurred, to discontinue the contravening activity, and any person who contravenes
such an order is guilty of an offence;
And Whereas Section 195 of the Highway Traffic Act, R.S.O. 1990, c. H.8, as
amended, provides that if a municipal by-law passed by the Council of a municipality for
regulating noise created by the operation of motor vehicles on the highways is
inconsistent with the Highway Traffic Act or its regulations, the provision of the by-law
shall be deemed to be repealed upon the inconsistency arising;
By-Law Number 2023-110
Page 2
And Whereas it is in the public interest to reduce noise in the Town of Tecumseh to
reasonable levels, so as to preserve, protect and promote public health, safety, welfare
and peace and quiet for residents and visitors of the Town of Tecumseh;
And Whereas the Council of the Town of Tecumseh seeks to achieve an appropriate
balance between the quality-of-life expectations of the residents of the Town of
Tecumseh and the business operations that support a sustainable local economy;
Now Therefore be it resolved that the Council of The Corporation of The Town of
Tecumseh hereby enacts as follows:
1.
Definitions
1.1.
In this By-law:
"Administrative Penalty" means a monetary penalty as set out in an
Administrative Monetary Penalty System By-law of the Town, as amended from
time to time, for a contravention of a designated by-law of the Town;
"Applicant" means any Person who applies in writing to the Clerk for a Permit for
an exemption from the provisions and requirements of this By-law;
"Agricultural Area" means those areas of the Town designated as being within
an agricultural zoning district in the Town's Zoning By-law as amended from time
to time;
"By-law Enforcement Officer" means a Person appointed by Council as a By-
law Enforcement Officer, or any other individual duly appointed or assigned as
part of their duties to enforce by-laws of the Town;
"Clerk" means the Municipal Clerk of the Town duly appointed pursuant to the
Municipal Act, and his or her designates, including but not limited to, a Deputy
Clerk duly appointed by the Town;
"Commercial Area" means those areas of the Town designated as being within
a commercial zoning district or any other zoning district in the Town's Zoning By-
law as amended from time to time, but does not include a Residential Area or
Agricultural Area;
"Construction" means erection, alteration, repairing, dismantling, demolition,
structural maintenance, painting, moving, land clearing, earth moving, grading,
excavating, trenching, digging, boring, drilling, blasting or concreting, the laying of
pipe and conduit whether above or below ground level, street and Highway,
building, equipment installation and alteration and the structural installation of
Construction components and materials in any form or for any purpose, and
includes any work in connection therewith;
"Conveyance" means a Motor Vehicle and any other device employed to
transport a person or persons or goods from place to place but does not include
By-Law Number 2023-110
Page 3
any such device or Motor Vehicle if operated only within the Premises of a
Person;
"Council" means the Council of the Town;
"Effective Muffler" means a muffler in good working order and in constant
operation to prevent excessive or unusual Noise and excessive smoke, but does
not include the following: a cut-out muffler, straight exhaust, gutted muffler,
Hollywood muffler, by-pass or similar device;
"Fees and Charges By-law" means the Town's by-law to prescribe
administrative fees and charges which may be amended or replaced from time to
time;
"Highway" means a common and public highway, street, avenue, parkway,
driveway, square, place, bridge, viaduct or trestle designed and intended for or
used by the general public for the passage of vehicles;
"Holiday" has the same meaning as contained in the Retail Business Holidays
Act, R.S.O. 1990, c. R.30, as amended or replaced by successor legislation, and
includes any regulations thereunder;
"Inhabitants" means one or more Persons who reside in the Town;
"Motor Vehicle" has the same meaning as contained in the Highway Traffic Act,
R.S.O. 1990, c. H.8, as amended or replaced by successor legislation, and
includes any regulations thereunder;
"Motorized Conveyance" means a Conveyance propelled or driven otherwise
than by muscular, gravitational or wind power;
"Noise" means any Sound or vibration that is of such a volume or nature that it
creates a nuisance and is likely to disturb any Person in the Town;
"Normal Farm Practice" has the same meaning as contained in the Farming and
Food Production Protection Act, 1998, S.O. 1998, c. 1, as amended or replaced
by successor legislation, and includes any regulations thereunder;
"NPC Publications" means the publications of the Noise Pollution Control
Section of the Pollution Control Branch of the Ministry of the Environment and
Climate Change;
"Officer" means any Person authorized to enforce this By-law, including but not
limited to, a Police Officer and a By-law Enforcement Officer;
"Order" means an order issued by the Town requiring a Person to remedy a
contravention of this By-law;
By-Law Number 2023-110
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"Permit" means any Permit issued by the Clerk for an exemption from the terms
and conditions of this by-law, and includes any conditions imposed by the Clerk
on the holding of such a Permit;
"Persistent" means occurring continuously for a period of ten (10) minutes or
more, or occurring intermittently over a period of one (1) hour or more;
"Person" includes an individual, sole proprietorship, partnership, limited
partnership, trust or corporation, or an individual in his or her capacity as a
trustee, executor, administrator or other legal representative;
"Point of Reception" means any location on the Premises of a Person where
Sound originating from other than those Premises is received, and it shall include
but is not limited to: (1) an outdoor area that is near the façade of a building, at a
height of 1.5 metres above ground, typically in backyards, front yards, terraces or
patios, or on a balcony or elevated terrace (for example, a rooftop) provided it is
not enclosed; or (2) an indoor area that is inside a building with windows and
doors closed;
"Police Officer" means a Person appointed as a Police Officer of the Ontario
Provincial Police or other police force having jurisdiction within the Town;
"Premises" means land and includes the buildings and/or structures thereon;
"Provincial Offences Act" means the Provincial Offences Act, R.S.O. 1990, c.
P.33, as amended from time to time, or any successor legislation;
"Residential Abutting" means any property or business that is located adjacent
to a property that is zoned as a Residential Area in the Town's Zoning By-law as
amended from time to time;
"Residential Area" means those areas of the Town designated as being within a
residential zoning district in the Town's Zoning By-law as amended from time to
time;
"Sound" means the sensation produced by stimulation of the organs of hearing
by vibrations transmitted through the air or other medium;
"Sound Amplifying System" means any system of loudspeakers, amplifiers,
microphones or reproducers or any combination of such equipment, including
electronic devices or electro-mechanical transducers, used in the reproduction or
amplification of music, speech or other Sounds;
"Sound Reproduction Device" means a device intended primarily for the
production or reproduction of Sound, including, but not limited to, any musical
instrument, radio receiver, television receiver, tape recorder, phonograph or
Sound Amplifying System;
"Town" means The Corporation of the Town of Tecumseh, or the geographic
area of the Town of Tecumseh, depending on the context; and
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"Zoning By-law" means the Zoning By-law of the Town as amended or replaced
by successor legislation, that regulates land uses within the Town.
2.
Applicability and Scope
2.1.
The provisions of this By-law apply to all Noise within the Town of Tecumseh.
2.2.
Notwithstanding any other provision of this By-law, this By-law does not apply to
Noise that falls explicitly under provincial jurisdiction and for which regulation is
prescribed by NPC Publications.
2.3.
Notwithstanding any other provision of this By-law, traffic Noise (excessive Noise
resulting from the operation of moving Motor Vehicles) on a public highway is
under the jurisdiction of the Highway Traffic Act, R.S.O. 1990, c. H.8, as
amended, and is enforced by the Ontario Provincial Police.
2.4.
Notwithstanding any other provision of this By-law and in accordance with
Section 130 of the Municipal Act, this By-law does not apply to Noise made in
connection with deliveries of goods to any of the following:
a)
retail business establishments;
b)
restaurants, including cafes and bars;
c)
hotels and motels; and
d)
goods distributing facilities.
2.5.
Notwithstanding any other provision of this By-law, this By-law shall not apply
where a Sound is from a facility that has been designed, developed, built,
operated and maintained in accordance with the terms and conditions of a valid
Certificate of Approval, provisional Certificate of Approval or other approval
issued under the Environmental Protection Act, R.S.O. 1990, c. E.19, as
amended or replaced, where such approval addresses Sound as a source of
contamination or an order or permit has been issued under the Environmental
Protection Act that addresses the Sound as a source of contamination.
3.
General Prohibition
3.1.
No Person shall, at any time, emit, cause, or permit the emission of Noise, which
Noise is clearly audible at Point of Reception, which is likely to disturb the quiet,
peace, rest, enjoyment, comfort, or convenience of the Inhabitants of the Town.
4.
Prohibitions by Time & Area
4.1.
No Person shall emit, cause, or permit the emission of any Noise or unusual
Sound that disturbs or is likely to disturb any Inhabitant of the Town, which Noise
is clearly audible at Point of Reception during the times and areas as outlined in
Schedule "A" attached.
By-Law Number 2023-110
Page 6
5.
Sound Reproduction or Amplification Devices
5.1.
No Person shall operate or use or cause to be operated or used any Sound
Reproduction Device on any Highway or other public place.
5.2.
No Person shall operate or cause to be operated a vehicle radio, stereo,
amplifier, speaker, or other similar device on or in a vehicle that is clearly audible
at least 8 metres from the vehicle.
5.3.
No Person shall cause or permit the activation of a security alarm resulting in the
Noise emitted for a duration in excess of five (5) minutes.
6.
Mufflers
6.1.
No Person shall discharge into the open air, on any property other than a
Highway, the exhaust of any Motor Vehicle except through an Effective Muffler or
other device which effectively prevents loud or explosive Noises.
7.
Unnecessary Motor Vehicle Noise
7.1.
No Person while on private property shall emit, cause, or permit the emission of
Noise resulting from the unnecessary operation of a Motor Vehicle such as the
sounding of a horn, reviving of an engine, squealing of tires, banging, clanging or
any similar sound that is clearly audible at any Point of Reception.
7.2.
No Person while on private property shall emit, cause, or permit the emission of
Noise resulting from the operation of a Motor Vehicle with a trailer resulting in
banging, clanking, squealing or other like Noises that is clearly audible at a Point
of Reception.
7.3.
No Person shall emit, cause, or permit the emission of Noise resulting from
dynamic braking, engine braking, or engine retarding of a Motor Vehicle.
8.
Idling Motor Vehicles
8.1.
No Person shall operate or permit the operation of an engine or motor in, or on,
any Motor Vehicle or item of attached auxiliary equipment for a continuous period
exceeding three (3) minutes while such vehicle is stationary, except:
a)
the continuous operation of the engine or motor is essential to the basic
function of the vehicle or equipment; or
b)
operation of such engine or motor is essential to a basic function of the
vehicle or equipment, including but not limited to, operation of ready-mix
concrete trucks, lift platforms and refuse compactors; or
c)
weather conditions justify the use of heating or refrigerating systems
powered by the motor or engine for the safety and welfare of the operator,
passengers or animals, or the preservation of perishable cargo, and the
vehicle is stationary for purposes of delivery or loading.
By-Law Number 2023-110
Page 7
9.
Yelling, Shouting & Screaming
9.1.
No Person shall emit, cause, or permit Persistent Noise, including yelling,
shouting, screaming, or hooting, to be made by any Person.
10.
Animals
10.1. No Person shall cause or permit Persistent Noise, including barking, calling, or
whining or other similar Persistent Noise, to be made by any animal kept or used
for any purpose.
11.
Fireworks, Explosives & Firearms
11.1. No Person shall cause or permit the detonation of fireworks or explosive devices
not used in Construction, save and except in accordance with and authorized by
the Town's Fireworks By-law.
11.2. No Person shall cause or permit the discharge of firearms, save and except as
authorized by a Town by-law or any governmental agency having jurisdiction.
12.
General Exemptions
12.1. Notwithstanding any other provisions of this By-law, this By-law does not apply to
a Person who emits, causes, or permits the emission of Noise or vibration in
connection with:
a)
operation of emergency vehicles by police, fire, and paramedic services;
b)
any special event that is specifically approved by the Town, only to the
extent of the authority for such event;
c)
any projects, activities or operations undertaken by the Town, or by any
agents or contractors of the Town engaged in carrying out projects,
activities, or operations on behalf of the Town;
d)
any Construction, rehabilitation or maintenance work conducted by the
Province of Ontario, the Government of Canada and any of their agencies
or agents including the operation of Motor Vehicles and equipment
actually engaged in the work;
e)
any Construction, rehabilitation or maintenance work conducted by the
County of Essex or any utility company, provided that reasonable prior
notice of such activity is provided to the Town;
f)
measures undertaken for the immediate health, safety, or welfare of
Persons under emergency circumstances;
g)
Normal Farm Practices, including operation of farm equipment or
machinery for cultivating, seeding, crop maintenance, or harvesting on any
lands in an Agricultural Area;
By-Law Number 2023-110
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h)
operation of bells, chimes, carillons, and clocks in any building dedicated
to religious worship, including but not limited to a church, synagogue,
temple, or mosque, between the hours of 7:00 a.m. to 10 p.m. of any day;
i)
operation of bells, chimes, carillons, and clocks in any school when the
school is open and in operation for students;
j)
operation of any transit vehicles, trains or equipment that is operated by
an public transit authority, public government body, railroad authority or
any agency of the aforementioned;
k)
operation of bells or horns utilized as traffic control devices, including but
not limited to bells and other audible devices at traffic signal locations, and
bells and horns associated with railway crossings; and
l)
snow removal activities that are necessary to render safe and/or
operational any property on which a business, a school or a residential
apartment or condominium is located, which does not include
maintenance, staging and preparation of equipment that is used as part of
such snow removal activities, unless such maintenance, staging or
preparation is part of the snow removal activity and is conducted on, or in
the immediate vicinity, of the property subject to the snow removal.
13.
Temporary Noise Exemptions
13.1. Notwithstanding any other provision of this By-law, any Person may make an
application to the Clerk for a Permit to allow such Persons to emit, cause or
permit Noise otherwise restricted by this By-law for the period of time set out in
such Application for a Permit. The Clerk may:
a)
grant the requested Permit, with or without conditions;
b)
refuse to grant the requested Permit; or
c)
grant the requested Permit to a greater or lesser extent than requested in
the Application with or without conditions.
13.2. The application for a Permit shall be filled out in the prescribed form as approved
by the Town and shall be accompanied by the non-refundable application fee in
the Town's Fees and Charges By-law.
13.3. An application for a Permit exempting from the provisions of this By-law shall be
made in writing and shall include the following:
a)
the Applicant's name, address, and other prescribed contact information;
b)
the description of the source of Noise or vibration in respect of which the
Permit is sought;
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c)
the date(s), time(s) and location(s) of the event or other activity for which
the Permit is being sought;
d)
the Applicant's reason for requesting the Permit;
e)
the name, address and other prescribed contact information for the
Person(s) who will be supervising the event or activity for which the Permit
is being sought;
f)
a statement of steps, if any, planned or presently being taken to minimize
the Noise;
g)
a non-refundable application fee, as set out in the Town's Fees and
Charges By-law; and
h)
any other information requested by the Clerk.
13.4. Notwithstanding any other provision of this By-law, a Permit application for an
event or activity shall be completed in accordance with this By-law and submitted
to the Clerk at least thirty (30) days prior to the event or activity for which the
Permit is being sought.
13.5. In considering an application for a Permit, the Clerk shall have regard to:
a)
any negative effects the issuance of the Permit may have on neighbouring
properties or on the Town;
b)
any benefits the issuance of the Permit may have on neighbouring
properties or on the Town;
c)
whether the location of the event or activity is Residential Abutting;
d)
any previous violations of this By-law or previous contraventions of a
Permit by the Applicant; and
e)
anything further that the Clerk considers relevant in the circumstances,
acting reasonably.
13.6. Any Permit granted shall specify the period of time during which it is in effect and
may contain such terms and conditions as the Clerk deems fit, acting reasonably.
13.7. The conditions that the Clerk may impose on a Permit under this By-law may
include but are not limited to:
a)
the type and volume of Sound;
b)
the days during which the Permit is in effect;
c)
the times during which the Permit is in effect;
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d)
Noise mitigation measures to be implemented;
e)
that the surrounding neighbourhood be notified by the Applicant and proof
of such notification shall be provided to the Town, to the satisfaction of the
Clerk, with such notice period, method of notification and area of
notification to be determined on a case by case basis by the Clerk;
f)
that, if deemed warranted by the Clerk acting in its sole discretion, a
qualified individual or qualified individuals, as determined by the Clerk, be
present at the place and/or times specified by the Permit so as to monitor
the sound and file a report with the Town, at the Applicant's expense, with
such qualified individual(s) providing to the Town in advance of the
monitoring, written details of the sound measuring device to be used for
the purposes of monitoring the Sound including its sensitivity and
calibration; and
g)
that a By-law Enforcement Officer monitor the event or other activity at the
expense of the Applicant as set out in the Town's Fees and Charges By-
law, if deemed appropriate by the Clerk.
13.8. Any breach of the terms or conditions of the Permit granted by the Clerk, or any
error or omission in the information provided to the Town pursuant to Section
12.3 of this By-law, shall immediately render the Permit null and void.
13.9. The decision of the Clerk to issue a Permit, to refuse to issue a Permit, or to set
terms and conditions for a Permit, is final and binding.
14.
Powers of Entry
14.1. In accordance with Section 436 of the Municipal Act, an Officer may enter on
land at any reasonable time for the purpose of carrying out an inspection to
determine whether the following are being complied with:
a)
this By-law;
b)
a direction or order made under the Municipal Act or this By-law; or
c)
a condition of a Noise Permit granted under this By-law.
15.
Order to Discontinue Activity
15.1. In accordance with Sections 444 and 445 of the Municipal Act, an Officer may
issue an Order requiring any Person who caused or permitted a contravention of
this By-law to discontinue such contravention, or requiring any Person who cause
or permitted a contravention to do work to correct the contravention.
15.2. An Order made under Section 14.1 of this By-law shall identify:
a)
the location of the property on which the contravention occurred;
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b)
the reasonable particulars of the contravention of this By-law; and
c)
the date and time by which there must be compliance with the Order.
15.3. An Order under Section 14.1 of this By-law may be given orally or in writing and if
in writing, may be served personally on the Person to whom it is directed or sent
by regular mail to the last known address of that Person. The Order shall be
deemed to have been received on the fifth day after it is mailed if it is delivered
by regular mail to the last known address of that Person. An affidavit of service
shall be admissible in evidence in any proceeding as proof of service of mailing
of the Order.
15.4. A Person in receipt of an Order shall comply with the requirements of the Order.
16.
Remedial Action
16.1. In accordance with Section 446 of the Municipal Act, if a Person fails to comply
with an Order, an Officer or Persons acting upon his or her instructions may enter
the lands at any reasonable time for the purposes of doing the things described
in the order at the property Owner's expense.
16.2. The Town may recover the remedial action and enforcement cost incurred under
Section 15.1 of this By-law by legal action and/or by adding them to the tax roll
and collecting them in the same manner as property taxes in accordance with
Section 446 of the Municipal Act.
17.
Penalty Provisions
17.1. Every Person who contravenes any of the provisions of this By-law is guilty of an
offence and on conviction is liable to a fine as provided for in the Provincial
Offences Act, R.S.O. 1990, c. P.33, as amended.
17.2. Upon conviction, any fine imposed under this By-law may be collected under the
authority of the Provincial Offences Act.
17.3. For the purposes of this By-law, "multiple offences" means an offence in respect
of two or more acts or omissions each of which separately constitutes an offence
and is a contravention of the same provision of this By-law.
17.4. For the purposes of this By-law, an offence is a second or subsequent offence if
the act giving rise to the offence occurred after a conviction had been entered at
an earlier date for the same offence.
18.
Continuation & Repetition Prohibited by Order
18.1. The 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 offence by the Person convicted, and such order shall be in
addition to any other penalty imposed on the Person.
By-Law Number 2023-110
Page 12
19.
Administrative Penalties
19.1. Instead of laying a charge under the Provincial Offences Act for any breach of
any provision of this By-law, an Officer, may issue an Administrative Penalty to
the Person who has contravened this By-law provided the authority for the Town
to issue Administrative penalties has been granted by municipal by-law.
19.2. An Officer has the discretion to either proceed by way of an Administrative
Penalty or a charge laid under the Provincial Offences Act. If an Administrative
Penalty is issued to a Person for a contravention of this By-law, no charge shall
be laid against that same Person for the same contravention.
19.3. The amount of the Administrative Penalty for a contravention of a provision of
this By-law is fixed as set out in an Administrative Penalty By-law of the Town, as
amended from time to time, or any successor by-law.
19.4. A Person who is issued an Administrative Penalty shall be subject to the
procedures as provided for in an Administrative Penalty By-law of the Town, as
amended from time to time, or any successor by-law.
19.5. An Administrative Penalty imposed on a Person pursuant to this By-law this is
not paid within fifteen (15) days after the day it becomes due and payable,
constitutes a debt of the Person to the Town and may be added to a municipal
tax roll and collected in the same manner as municipal taxes.
20.
Collection of Unpaid Fines
20.1. Where a fine is in default, the Town may proceed with civil enforcement against
the Person upon whom the fine has been imposed, pursuant to the Provincial
Offences Act.
20.2. The Town may make a request to the treasurer of a local municipality to add any
part of a fine that is in default to the tax roll for any property in the local
municipality for which all the Owners are responsible for paying the fine and
collect it in the same manner as municipal taxes.
21.
Enforcement
21.1. The provisions of this By-law may be enforced by an Officer.
21.2. An Officer who has reasonable grounds to believe that a Person has
contravened any provision of this By-law may require that Person to provide their
identification to the Officer.
21.3. Every Person who is required by an Officer to provide identification under Section
21.2 of this By-law shall identify themselves to the Officer. Giving their correct
name, date of birth, and address shall constitute sufficient identification. Failure
to provide sufficient identification shall constitute obstruction of the Officer as set
out in Section 22.2 of this By-law.
By-Law Number 2023-110
Page 13
22.
Offences
22.1. Any Person who contravenes or fails to comply with any provision of this By-law
or an Order issued pursuant to this By-law is guilty of an offence.
22.2. No Person shall hinder or obstruct, or attempt to hinder or obstruct, an Officer
who is exercising a power or performing a duty under this By-law.
22.3. No Person shall fail to comply with any condition or term of any Order issued
under this By-law. If there is a contravention of any provision of this By-law, and
the contravention has not been corrected, the contravention of the provision shall
be deemed to be continuing offence for each day or part of a day that the
contravention remains uncorrected.
23.
Validity and Severability
23.1. If any provision or part of this By-law is declared by any court or tribunal of
competent jurisdiction to be invalid, illegal or inoperative, in whole or in part, or
inoperative in particular circumstances, the remainder of the By-law, or its
application in other circumstances, shall not be affected and shall continue to be
in full force and effect.
23.2. If there is a conflict between the provisions of this By-law and any other by-law of
the Town in force or a provincial or federal statute or regulation, the more
restrictive provisions shall apply.
23.3. The Schedules referenced herein and attached hereto are hereby declared to
form part of this By-law.
24.
Short Title
24.1. This By-law may be referred to as the "Noise Control By-law" or "Noise By-law".
25.
Repeal
25.1. By-law 2002-07, By-law 2007-39, By-law 2007-48, and By-law 2021-067 (the
"Repealed By-laws") and any amendments thereto are hereby repealed in their
entirety upon the coming into force of this By-law.
25.2. Any by-laws of the Town or resolutions of Council, or portions thereof,
inconsistent with or contrary to this By-law are hereby repealed upon the coming
into force of this By-law.
26.
Transition
26.1. Every enforcement action or proceeding taken pursuant to the Repealed By-laws
shall, as necessary, be deemed to have been taken pursuant to this By-law and
every such enforcement action or proceeding may be carried to its conclusion
pursuant to the authority granted by this By-law.
By-Law Number 2023-110
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26.2. If an enforcement action or proceeding has been validly commenced pursuant to
the Repealed By-laws and authority for such enforcement action or proceeding
does not exist pursuant to this By-law, then such enforcement action or
proceeding may be continued to its conclusion and the provisions of the
Repealed By-laws necessary to permit such enforcement action or proceeding to
be concluded shall be deemed to remain in effect for the purposes of bring such
enforcement action or proceeding to a conclusion.
27.
Enactment
27.1. This By-law shall come into force and effect upon the date of an Order of the
Ontario Court of Justice approving the set fines for the offences of this By-law.
Read a first, second, third time and finally passed this 12th day of December, 2023.
Gary McNamara, Mayor
Robert Auger, Clerk
Gary McNamara
Signed with ConsignO Cloud (2023/12/13)
Verify with verifio.com or Adobe Reader.
Robert Auger
Signed with ConsignO Cloud (2023/12/14)
Verify with verifio.com or Adobe Reader.
By-Law Number 2023-110
Page 15
Schedule "A"
By-Law Number 2023-110
Noise Prohibitions by Time & Area
Notwithstanding any other provisions of this By-law, the following Noises shall be
deemed to be Noises likely to disturb any Person in the Town if clearly audible at a
Point of Reception within a time period as shown, except if the Noise originates from an
exempted area of the Town:
Description of Sound
Prohibited Times
Exempted Areas
1.
The operation of any
equipment in connection
with Construction.
From 8:00 pm to 7:00 am
the next day
Commercial Areas,
except those that are
Residential Abutting
2.
The operation of any tool for
domestic purposes other
than snow removal.
Monday to Friday
From 9:00 pm to 8:00 am
the next day
Saturdays, Sundays,
and Holidays
From 9:00 pm to 9:00 am
the next day
N/A
3.
The operation of an engine
or motor which is used in or
is intended for use in, a toy
or a model or replica of any
device, which toy, model or
replica has no function other
than amusement, and which
is not a Conveyance.
Monday to Friday
From 9:00 pm to 7:00 am
the next day
Saturdays, Sundays,
and Holidays
From 8:00 pm to 9:00 am
the next day
N/A
4.
The repair of Motor
Vehicles.
Monday to Friday
From 8:00 pm to 7:00 am
the next day
Saturdays, Sundays,
and Holidays
From 8:00 pm to 9:00 am
the next day
N/A
By-Law Number 2023-110
Page 16
5.
The loading, unloading,
delivering, packing,
unpacking, or otherwise
handling of any containers,
products or materials.
Monday to Friday
From 9:00 pm to 7:00 am
the next day
Saturdays, Sundays,
and Holidays
From 8:00 pm to 9:00 am
the next day
N/A
6.
The operation of solid
waste, refuse or recyclable
bulk-lift or refuse-
compacting equipment.
From 6:00 pm to 6:00 am
the next day
Commercial Areas &
Agricultural Areas,
except those that are
Residential Abutting
7.
The use of any Sound
Reproduction Device or
Sound Amplification Device
that is not in a Residential
Area or on a property that is
Residential Abutting.
Monday to Friday
From 11:00 pm to 7:00 am
the next day
Saturdays, Sundays,
and Holidays
From 11:00 pm to 9:00 am
the next day
N/A
8.
The use of any Sound
Reproduction Device or
Sound Amplification Device
that is in a Residential Area
or on a property that is
Residential Abutting.
Monday to Friday
From 9:00 pm to 7:00 am
the next day
Saturdays, Sundays,
and Holidays
From 10:00 pm to 9:00 am
the next day
Commercial Areas &
Agricultural Areas
9.
The operation of a
commercial car wash
equipped with air drying
equipment.
From 10:00 pm to 8:00 am
the next day
N/A
10. The operation of power lawn
mowers.
Monday to Friday
From 9:00 pm to 8:00 am
the next day
Saturdays, Sundays,
and Holidays
From 9:00 pm to 9:00 am
the next day
N/A
OFFICE OF THE REGIONAL SENIOR JUSTICE
ONTARIO COURT OF JUSTICE
WEST REGION
80 DUNDAS STREET, 10th FLOOR, UNIT L
LONDON, ONTARIO N6A 6A8
OO
CABINET DU JUGE PRINCIPAL RÉGIONAL
COUR DE JUSTICE DE L'ONTARIO
RÉGION DE L'OUEST
80, RUE DUNDAS, 10e ÉTAGE, UNITÉ L
LONDON (ONTARIO) N6A 6A8
TELEPHONE/TÉLÉPHONE (519) 660-2292
FAX/TÉLÉCOPIEUR (519) 660-3138
March 4, 2024
Robert Auger
917 Lesperance Rd
Tecumseh, ON N8N 1W9
Dear Mr Auger
Re: Set Fines - Provincial Offences Act - Part 1 By-law 2023-110, Noise By-
Law
Enclosed herewith is the Part 1 original Order and original schedule of set fines for
the above referenced Bylaw, the Bylaw indicated in the schedules.
The setting of the fines does not constitute my approval of the short form of wording
used to describe the offences.
Please ensure that a copy of the said documents is forwarded to the Provincial
Offences Court in Windsor, together with a certified copy of the Bylaw.
Yours truly,
M. Edward Graham
Regional Senior Justice
Ontario Court of Justice
Encl.
/tz
ONTARIO COURT OF JUSTICE
PROVINCIAL OFFENCES ACT
PART I
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 each
of the offences in the schedule of offences under the Provincial Statutes
and Regulations thereunder and By-law 2023-110 of the Town of Tecumseh
attached hereto are the set fines for those offences. This Order is to take
effect March 4, 2024.
Dated at London this 4th day of March 2024.
M. Edward Graham
Regional Senior Justice
Ontario Court of Justice
By-Law Number 2023-110
Page 17
The Corporation of the Town of Tecumseh
Part I Provincial Offences Act
By-Law Number 2023-110: Noise Control By-Law
Item
Short Form Wording
Provision Creating
or Defining Offence
Set Fine
1.
(Cause)(permit) emission of Noise
clearly audible at Point of Reception
Section 3.1
$500.00
2.
(Emit)(cause)(permit) Noise by
operation of Construction equipment
when prohibited
Section 4.1
Schedule A (1)
$500.00
3.
(Emit)(cause)(permit) Noise by
operation of tool for domestic purposes
when prohibited
Section 4.1
Schedule A (2)
$500.00
4.
(Emit)(cause)(permit) Noise by
operation of (engine)(motor) for
(toy)(model)(replica) when prohibited
Section 4.1
Schedule A (3)
$500.00
5.
(Emit)(cause)(permit) Noise by repair
of Motor Vehicle when prohibited
Section 4.1
Schedule A (4)
$500.00
6.
(Emit)(cause)(permit) Noise by
(loading)(unloading)(delivering) of
(products)(materials) when prohibited
Section 4.1
Schedule A (5)
$500.00
7.
(Emit)(cause)(permit) Noise by
operation of (solid waste)(refuse)
(recyclable) bulk-lift or compacting
equipment when prohibited
Section 4.1
Schedule A (6)
$500.00
8.
(Emit)(cause)(permit) Noise by use of
(Sound Reproduction Device)(Sound
Amplification Device) not in
(Residential Area)(on Residential
Abutting property) when prohibited
Section 4.1
Schedule A (7)
$500.00
9.
(Emit)(cause)(permit) Noise by use of
(Sound Reproduction Device)(Sound
Amplification Device) in (Residential
Area)(on Residential Abutting property)
when prohibited
Section 4.1
Schedule A (8)
$500.00
10.
(Emit)(cause)(permit) Noise by
operation of commercial car wash with
air drying equipment when prohibited
Section 4.1
Schedule A (9)
$500.00
11.
(Emit)(cause)(permit) Noise by
operation of power lawn mowers when
prohibited
Section 4.1
Schedule A (10)
$500.00
By-Law Number 2023-110
Page 18
12.
(Operate)(cause to be operated)
Sound Reproduction Device on
(Highway)(public place)
Section 5.1
$500.00
13.
(Operate)(cause to be operated)
vehicle (stereo)(amplifier)(speaker)
clearly audible 8 metres from vehicle
Section 5.2
$500.00
14.
(Cause)(permit) activation of security
alarm resulting in Noise emitted for
more than 5 minutes
Section 5.3
$500.00
15.
Discharge into open air exhaust of
Motor Vehicle except through Effective
Muffler on property other than Highway
Section 6.1
$500.00
16.
(Cause)(permit) Noise from
unnecessary operation of Motor
Vehicle on private property
Section 7.1
$500.00
17.
(Cause)(permit) Noise from operation
of Motor Vehicle with a trailer on
private property
Section 7.2
$500.00
18.
(Cause)(permit) Noise from (dynamic
breaking)(engine breaking)(engine
retarding) of Motor Vehicle
Section 7.3
$500.00
19.
(Cause)(permit) operation of (engine)
(motor) of stationary (Motor
Vehicle)(attached equipment) for
period exceeding than 3 minutes
Section 8.1
$500.00
20.
(Cause)(permit) Persistent (yelling)
(shouting)(screaming)(hooting) Noise
made by a Person
Section 9.1
$500.00
21.
(Cause)(permit) Persistent (barking)
(calling)(whining) Noise made by any
animal kept for any purpose
Section 10.1
$500.00
22.
(Cause)(permit) detonation of
(fireworks)(explosives) not authorized
and permitted by Fireworks By-law
Section 11.1
$500.00
23.
(Cause)(permit) discharge of firearms
not authorized or permitted
Section 11.2
$500.00
24.
Failure to provide identification to an
Officer upon request
Section 21.3
$500.00
25.
(Hinder)(obstruct)(attempt to hinder)
(attempt to obstruct) an Officer
Section 22.2
$500.00
26.
Failure to comply with condition of
Order issued
Section 22.3
$500.00
Note: The general penalty provision for the offences indicated above is Section 17.1 of
By-Law Number 2023-110, a certified copy of which has been filed.