The Blue Mountains, Ontario
· No. 2002-09
· adopted 2002-01-28
· summary & facts
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The Corporation of the Town of The Blue Mountains
By-Law Number 2002 - 09
Office Consolidation
(By-law 2002-60, 2004-16 & 2026-41)
Being a By-law to prohibit or regulate noises within the municipality likely to disturb.
Whereas Section 210 (138) of the Municipal Act, chap. M.45, R.S.O. 1990 and amendments
thereto enables the councils of local municipalities to pass by-laws for prohibition or regulation
within the municipality of noises likely to disturb the inhabitants;
And Whereas section 61 of the Provincial Offences Act, chap. P.33, R.S.O. 1990 and
amendments thereto provides for a general maximum penalty upon conviction not to exceed
$5,000.00;
And Whereas it is deemed expedient to pass a by-law for the prohibition or regulation of noise
within the municipality in a format that would allow enforcement by both a Municipal Law
Enforcement Officer and the Ontario Provincial Police;
Now Therefore the Council of the Corporation of the Town of The Blue Mountains hereby
enacts as follows:
1.
That no person shall make noise or cause noise to be made or permit noise to be
made that would be likely to disturb the inhabitants of the municipality.
2.
That for the purposes of Section 1, the following noises or sounds, among others,
shall be deemed likely to disturb the inhabitants of the municipality:
(a) The sound or noise from, or created by, any radio, television, phonograph, or any
other electronic device, or any musical or sound producing instrument of
whatsoever kind when such radio, television, phonograph, device or instrument
is played or operated in such a manner or with such volume likely to disturb the
peace, quiet, comfort or repose of any inhabitant within, or having quiet
enjoyment of the lands upon which is located, any dwelling unit, apartment
building, hotel, motel, or any other type of residence.
(b) The yelling, shouting, hooting, whistling, singing, or any other sound made by an
individual in such a manner which is likely to disturb the peace, quiet, comfort or
repose of any other inhabitant within, or having quiet enjoyment of the lands
upon which is located, any dwelling unit, apartment building, hotel, motel or any
other type of residence.
(c) The operation of construction vehicles or the act of construction between the
hours of 19:00 hours of any weekday to 07:00 hours of the next weekday save
and except Saturday from 08:00 hours to 13:00 hours which is likely to disturb
the peace, quiet, comfort or repose of any other inhabitant within, or having
quiet enjoyment of the lands upon which is located, any dwelling unit,
apartment building, hotel, motel or any other type of residence, unless written
permission to specifically extend or alter the hereinbefore mentioned time
periods has been given in writing by Council.
(d) The sound from the operation of any powered or non-powered tool, for
domestic purposes (other than snow removal) which is operated in such a
manner likely to disturb the peace, quiet, comfort or repose of any inhabitant
within, or having quiet enjoyment of the lands upon which is located, any
dwelling unit, apartment building, hotel, motel or any other type of residence,
between the hours of 23:00 hours of one day to 07:00 hours of the next day
(09:00 hours on Sundays).
(e) The persistent noise made by any domestic pet, or any animals kept for
commercial purposes, likely to disturb the peace, quiet, comfort, or repose of
any inhabitant in the same building or in the neighbourhood, at any time.
(f) The grating, grinding, rattling noise or any other noise caused by a condition of
disrepair or maladjustment of any motor vehicle or other vehicle whatsoever or
part or accessory thereof likely to disturb the peace, quiet, comfort or repose of
any other inhabitant within the municipality.
3.
THAT this By-law does not affect:
(a) Any bona fide agricultural use or practice engaged in by a bona fide farmer or
employee thereof.
(b) The operation of snow-making machinery or snow-grooming vehicles.
(c) The operation of snow-removal equipment.
(d) Noises or sounds authorized by the municipality. (By-law No. 2002-60)
(e) Noises or sounds related to the non-residential use of land that is permitted by a
by-law enacted by the municipality pursuant to Section 34 of the Planning Act
between the hours of 07:00 hours and 19:00 hours. (By-law 2002-60)
(f) Noises or sounds related to the non-residential use of land that is permitted
pursuant to the regulations made under the Niagara Escarpment Planning And
Development Act between the hours of 07:00 hours and 19:00 hours. (By-law
2002-60)
(g) Noises or sounds authorized by the Blue Mountain Village Association originating
within the "Village at Blue Mountain" (Parts 1-40, 16R-7451) between the hours
of 07:00 hours and 23:00 hours. (By-law No. 2002-60)
(h) Noises or sounds related to the use of lands known as Part of Lot 5 and Part of
Lot 6, Concession 8, Roll No.: 7-046-02, by the Blue Ridge Sportsmen's Club Inc.
between the hours of 08:00 and 21:00 on any day, subject to any Provincial or
Federal Statute or Regulation with regard to the discharge of firearms and/or
weapons. (By-law 2004-16)
(i) Noises or sounds authorized by Blue Mountain Resort for events at its hilltop
event locations at 201 Scenic Caves Road and 115 Swiss Meadows Boulevard,
between the hours of 07:00 hours and 24:00 hours on any day. (By-law 2026-41)
4.
THAT every person who contravenes any provision of this By-law is guilty of an
offence and on conviction is liable to a penalty as provided in the Provincial
Offences Act.
5.
THAT should any section, clause or provision of this By-law be declared by a
court of a competent jurisdiction to be invalid, the same shall not affect the
validity of the By-law as a whole or in part hereof, other than the part which was
declared to be invalid.
6.
THAT Township of Collingwood By-laws No. 92-28, 95-37 and 96-9, Town of
Thornbury By-law No. 20A-1983 and Town of The Blue Mountain By-law No.
2000-44 are hereby rescinded and repealed.
Read a first and second time this 28 day of January, 2002
Read a third time and passed this 28 day of January, 2002
___________________________
Ross Arthur, Mayor
__________________________
Stephen Keast, Clerk