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A
BY-LAW
TO
PROHIBIT
OR
REGULATE
NOISES
WITHIN
THE
CORPORATION OF THE TOWNSHIP OF VAL RITA-HARTY
WHEREAS Sections 9 & 129 of the Municipal Act, 2001, S.O. 2001, c.25, as amended,
provides that the Council of local Municipality may pass by-laws to prohibit and regulate
with respect to noise and vibration.
NOW THEREFORE the Council of the Corporation of the Township of Val Rita-Harty
enacts as follows:
1.
Définitions:
a) Dwelling House
A "dwelling house" includes an apartment house or any other type of permanent
or temporary residence.
b) Person
A "person" includes a corporation.
c) Emergency Vehicle
An "emergency vehicle" includes a police car, ambulance, fire truck or other
vehicle responding to an emergency call pursuant to a call for service.
2. General - Likely to Disturb
No person shall within the limits of the Corporation of the Township of
Val Rita-Harty make or permit any noise and/or vibration likely to disturb the
inhabitant thereof.
3. Without limiting the generality of Section 2, the following noises or sounds shall
be deemed to be noises likely to disturb the inhabitants of the municipality:
a) Radio - Loud Speaker
The noises or sound made or created by any radio, phonograph, public address
system, sound equipment, loud speaker, musical instrument or other
sound-producing equipment, when the equipment is played or operated in such a
manner that the sound or noise made or created thereby disturbs the peace,
comfort, or repose of any person in a dwelling house shall be deemed to be
noises likely to disturb from Sunday to Thursday between 10:00 o'clock pm to
7:00 o'clock am on the following day and Friday and Saturday between 11:00
o'clock pm to 7:00 o'clock am on the following day.
b) Amplifier - Loud Speaker
The noise or sound caused or made by an amplifier or loud speaker carried in or
attached to a motor vehicle being operated or standing on a public highway shall
be deemed to be noises likely to disturb from Sunday to Thursday between 10:00
o'clock pm to 7:00 o'clock am on the following day and Friday and Saturday
between 11:00 o'clock pm to 7:00 o'clock am on the following day.
c) Animal
The sound made by an animal (dog, cat, bird, etc.) under the care of an
individual and/or individuals which disturbs the peace, comfort or repose of any
person in a dwelling house shall be deemed to be noises likely to disturb at all
times.
d) Motor Racing - Standing Motor Vehicle
The noise caused by the unnecessary racing or idling of the motor of a standing
motor vehicle shall be deemed to be noises likely to disturb at all times.
e) Construction - Demolition, Repair, Restrictions
The noise caused by the erection, demolition, alteration or repair of a building or
by construction of earth-moving equipment working upon such site situated
within 500 feet of an occupied dwelling house from Sunday to Thursday between
10:00 o'clock pm to 7:00 o'clock am on the following day and Friday and
Saturday between 11:00 o'clock pm to 7:00 o'clock am on the following day.
f)
Yard equipment- Times of Day
The noise made by a power lawn mower within 100 feet of an occupied dwelling
house on any day, from Sunday to Thursday between 10:00 o'clock pm to 7:00
o'clock am on the following day and Friday and Saturday between 11:00 o'clock
pm to 7:00 o'clock am on the following day.
4. Exceptions:
None of the provisions of this by-law shall apply to prevent:
a) Parades, Fairs, Public or Fundraising Functions
The noise caused by a lawful parade, fair, public function or
fundraising function, which has been duly authorized by a Resolution
of Council.
b) Public Utility Work
The noise caused by works done upon a site or highway when such
work is undertaken by forces of the Corporation of the Township of Val
Rita-Harty, Hydro One, the Ministry of Transportation, any other public
utility, or any Contractor providing services on their behalf, with the
Corporation of the Township of Val Rita-Harty.
c) Traffic Control Devices
The noise created as part of traffic control devices, including those at
traffic signal locations and railway crossings.
d) Warning Safety Devices - Vehicles
The noise created as part of a vehicle's warning devices where
required in accordance with good safety practices, including a vehicle's
back-up alarm.
e) Snow Removal Equipment
The noise created by the operation of snow removal equipment while in
operation of snow removal.
f) Emergency Vehicle Sirens
The noise created by the sound of a siren on an emergency vehicle.
5. Grant Exceptions by Council:
a)
Exceptions
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 by-law with respect to any sources of sound for which he/she might be
prosecuted Council, by resolution, may refuse to grant any exception or may
grant the exemption applied for or any exception of lesser effect. Any
exception granted shall specify the time period, not in excess of 6 months,
during which it is effective and may contain such terms and conditions as
Council sees fit.
b) Breach
Breach by the applicant of any of the terms or conditions of any exemption
shall render the exemption null and void.
6.
Fines and Enforcement
a)
Penalties
Any person who contravenes any provision of this by-law is guilty of an
offence and is liable to a fine not exceeding fire thousand dollars ($5,000) per
occurrence upon conviction, and is recoverable under the terms of the
Provincial Offences Act.
b)
Enforcement
This by-law shall be enforced by a Police Officer, Provincial Offences Officer,
By-law Enforcement Officer or any other person appointed by the Council of
the Corporation of the Township of
Val Rita-Harty
7. General
a) If any provision of this by-law is declared invalid for any reason by a Court of
competent jurisdiction, the remainder of the by-law shall continue in force.
b) This By-law shall come into force and effect immediately upon the passing
thereof.
c) That schedule "A" forms part of by-law #1026-16
8. That by-law #976-14 be repealed
READ A FIRST TIME THIS 22ND DAY OF MARCH 2016
_____________________________ _________________________
Mayor: Johanne Baril
Clerk: Christiane Potvin
READ A SECOND TIME THIS 22ND DAY OF MARCH 2016
_____________________________ _________________________
Mayor: Johanne Baril Clerk: Christiane Potvin
READ A THIRD TIME AND PASSED THIS 22ND DAY OF MARCH 2016
_____________________________ _________________________
Mayor: Johanne Baril Clerk: Christiane Potvin
Schedule "A"
Part I Provincial Offences Act
THE CORPORATION OF THE TOWNSHIP OF VAL RITA-HARTY
TO BY-LAW NO. 1026-16
Being a by-law to prohibit or regulate noise within the Corporation of the
Township of Val Rita-Harty
Item
Column 1
Short Form Wording
Column 2
Provisions creating
or defining offence
Column 3
Set Fine
1
Noise from likely to disturb
s. 2
$ 200.00
2
Noise from Radio - Loud
Speaker
s. 3(a)
$ 200.00
3
Noise from Amplifier - Loud
Speaker
s. 3(b)
$ 200.00
4
Noise from Animal
s. 3(c)
$ 200.00
5
Noise from Motor Racing or
Idling -Standing Motor Vehicle
s. 3(d)
$ 200.00
6
Noise from Construction -
Demolition, Repair,
Restrictions when prohibited
s. 3(e)
$ 200.00
7
Noise from Yard equipment -
Times of Day
s. 3(f)
$ 200.00
Note: the general penalty provision for the offences listed above is section 6 of by-law
1026-16, a certified copy of which has been filed