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By-law 61-2024
THE CORPORATION OF THE MUNICIPALITY OF WEST PERTH
Being a By-law to prohibit and control noise and nuisance within the
Municipality of West Perth and to repeal By-law 53-2009 (Noise By-law) and
By-law 86-2017 (Public Nuisance By-law).
Whereas s.11 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended (hereinafter called "the
Act"), authorizes a municipality to pass By-laws for the health safety and well-being of persons; and
Whereas s.23.1 of the Act authorizes a municipality to delegate its powers and duties; and
Whereas s.128 of the 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 or
cause public nuisances.
Whereas s.129 of the Act provides that a municipality may prohibit and regulate with respect to noise
and vibration, and may prohibit noise and vibration unless a permit is obtained from the municipality
and the municipality may impose conditions on the permit; and
Whereas s.391 of the Act authorizes a municipality to impose fees or charges on persons for
services or activities provided or done by or on behalf of it; and
Whereas s.425 of the Act, authorizes a municipality to pass By-laws providing that a person who
contravenes a By-law of the municipality is guilty of an offence; and
Whereas s.436 of the Act, provides that the municipality has the power to pass By-laws authorizing
the power of entry for the purpose of inspecting land to determine compliance with the By-law,
direction, order or condition of a License; and
Whereas s.444 of the Act, authorizes the municipality to make orders if a municipality is satisfied that
a contravention of a By-law of the municipality passed under the Act has occurred, requiring the
person who contravened the 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
Whereas s.445 of the Act, provides that if a municipality is satisfied that a contravention of a By-law
of the municipality passed under the Act has occurred, the municipality may make an order requiring
the person who contravened the By-law or caused or permitted the contravention or the owner or
occupier of the land on which the contravention occurred to do work to correct the contravention; and
Whereas s.446 of the Act, authorizes the municipality through a By-law to require, in default of
required matter or thing being done, that the work may be done by the municipality at the expense of
the person required to do it and the cost may be added to the tax rolls and collected in the same
manner as taxes; and
Now therefore be it resolved that the Council of the Corporation of the Municipality of West
Perth enacts as follows:
PART I - TITLE, INTERPRETATION & SEVERABILITY
1. This By-law may be cited as the "Noise By-law".
2. This By-law shall apply throughout the whole of the Municipality of West Perth, hereinafter
called "the Municipality".
3. Where there is a conflict between a provision of this By-law and a provision in any other
By-law of the Municipality, it shall be at the discretion of the Officer to determine which
By-law shall apply. Any provincial or federal legislation or regulation that imposes a higher
standard shall supersede this By-law.
4. If any court of competent jurisdiction finds that any of the provisions of this By-law are
ultra vires the jurisdiction of Council, or are invalid for any reason, such provision shall be
deemed to be severable and shall not invalidate any of the other provisions of the By-law
which shall remain in full force and effect.
PART II - DEFINITIONS
5. Definitions
5.1. Bodily Emission shall mean an emission from a human body, including spit, vomit,
urinating or stool;
5.2. By-law shall mean this "Noise By-law";
5.3. Clerk shall mean the Clerk for The Corporation of the Municipality of West Perth, or
any person designated by the Clerk;
5.4. Construction Equipment shall mean any equipment or device designed or intended
for use in construction, or material handling, including but not limited to, air
compressors, pile drivers, pneumatic or hydraulic tools, bulldozers, tractors,
excavators, trenchers, cranes, derricks, loaders, scrapers, pavers, generators, off-
highway haulers or trucks, ditchers, compactors and rollers, pumps, concrete mixers,
graders, or other material handling equipment.
5.5. Council shall mean the Council of The Corporation of the Municipality of West Perth;
5.6. Graffiti shall mean writing, drawing, or symbols applied to any surface, and includes
scribbles, scratches and slash or sprayed illicitly on a wall or other surface. Graffiti
ranges from simple written words to elaborate wall paintings;
5.7. Highway shall mean a common and public walkway, lane, 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 and pedestrians and includes the
untraveled portion of a road allowance, a street, as may also be defined in the in the
Act and/or in the Highway Traffic Act, R.S.O. 1990, c. H.8;
5.8. Motor Vehicle shall mean an automobile, a motorcycle, a motor assisted bicycle, and
any other vehicle propelled or driven otherwise than by muscular power, but does not
include a street car or other motor vehicle running only upon rails, a power-assisted
bicycle, a traction engine, a farm tractor, a self-propelled implement of husbandry or a
road-building machine as may also be defined in the Highway Traffic Act, R.S.O.
1990, c. H.8;
5.9. Municipality shall mean the Corporation of the Municipality of West Perth;
5.10. Municipal Law Enforcement Officer (or "MLEO") shall mean a person appointed by
the Municipality to enforce the By-laws;
5.11. Noise shall mean sound or vibration that is of such volume, level or nature that is
likely to disturb the inhabitants of the Municipality;
5.12. Offence shall mean an offence under an Act of the Legislature under a regulation or
By-law made under the authority of an Act of the Legislature;
5.13. Officer shall mean a Municipal Law Enforcement Officer, police officer, or other
Person appointed by the Municipality to enforce the provisions of this By-law;
5.14. Owners shall mean the Person who is the registered Owner of a Property and the
Person for the time being, managing or receiving the rent of the Property whether on
the Person's own account or as agent or trustee of any other Person, or who would
receive the rent if the land or premises were let;
5.15. Person shall include an individual, association, organization, firm, sole proprietorship,
partnership, limited partnership, trust, corporation, and an individual in their capacity
as a trustee, executor, administrator, or other legal representative;
5.16. Property shall mean a parcel of land which is capable of being legally conveyed as a
separate parcel pursuant to the provisions of the Planning Act, or is described in
accordance with a registered Plan of Condominium;
5.17. Public Place shall mean land owned or operated by the Municipality, and without
limiting the generality of the foregoing, includes a Highway, Sidewalk, trail,
pedestrian-way, park, boulevard and public square owned or operated by the
Municipality, and includes any buildings, structures, public communication channels
and equipment located thereon, intended for or used by the general public;
5.18. Set Fine shall mean the amount of fine set by the Chief Justice of the Ontario Court
of Justice for an offence for the purpose of proceeding commencement under Part 1
or Part II of the Provincial Offences Act, 1990, R.S.O. 1990, c. P.33, as amended;
5.19. Settlement Area shall mean serviced urban areas, villages and hamlet areas within
the Municipality that are: (a) Built up areas where development in concentrated and
which have a mix of land uses; and (b) Lands which have been designated in the
Official Plan for development over the long-term planning horizon, as defined in the
County of Perth Official Plan, as may be amended from time to time;
5.20. Sidewalk shall mean that portion of the Highway that is intended or used by the
general public for the passage of persons.
6. Provisions for Noise
6.1. No Person shall cause or permit a noise likely to disturb the inhabitants of the
Municipality.
6.2. No Person shall cause or permit a vibration likely to disturb the inhabitants of the
Municipality.
6.3. No Person shall cause or permit the operation of a Motor Vehicle horn, or other
warning device, except where required or authorized by law.
6.4. No Person shall cause or permit the detonation of fireworks, except on Victoria Day
and Canada Day.
6.5. No Person shall cause 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 five minutes, while such vehicle is stationary in a Settlement Area as
defined by the most recent Perth County Official Plan, as amended, unless:
6.5.1. The original equipment manufacturer specifically recommends a longer idling
period for normal and efficient operation of the motor vehicle in which case such
recommended period shall not be exceeded; or
6.5.2. Operation of such engine or motor is essential to a basic function of the vehicle
or equipment, including but not limited to the operation of ready mixed
concrete trucks, lift platforms, and refuse compactors, or
6.5.3. 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.
6.6. No Person shall emit, cause, or permit the emission of sound resulting from the
following acts, between the hours of 2100 and 0700 on the next day:
6.6.1. Any auditory signaling;
6.6.2. The emitting of noise from an electrical device or sound-producing equipment;
6.6.3. The loading, and unloading of materials;
6.6.4. Operating a tool or equipment for domestic purposes;
6.6.5. Operating a combustion engine, other than a Motor Vehicle; or
6.6.6. Operating Construction Equipment.
7. Provisions for Nuisance
7.1. No Person shall have or cause a Bodily Emission to be deposited in a Public Place.
7.2. No Person shall solicit or sell, or attempt to solicit or sell, any items in any Public
Place unless authorized to do so by the Municipality.
7.3. No Person shall block, interfere with, or otherwise impede the passage of any
Person on any Sidewalk, or other pedestrian-way, or portion thereof, unless
authorized to do so by the Municipality.
7.4. No Person shall damage, destroy, move, remove, knock over, or attempt to do the
same, a Canada Post mailbox, newspaper box, bench, fence, blue box or garbage
container, or any other structure or object, located on any Public Place or property
owned by the Municipality.
7.5. No Person shall participate in a fight, or similar physical confrontation, in any Public
Place.
7.6. No Person shall mark or apply Graffiti on any Property without authorization from
the Owner of the Property to which the Graffiti is being applied.
7.7. No Person shall camp in any Public Place unless they have written permission from
the Municipality.
7.8. No Person shall discharge a firearm within a Settlement Area as defined by the
most recent Perth County Official Plan, as amended.
7.9. No Person shall cause a disturbance in a Public Place and, without limiting the
generality of the foregoing, a disturbance shall include yelling, screaming, shouting,
swearing, harassment, likely to interfere with the reasonable enjoyment of the
Public Place by others.
8. Exemptions
8.1. The following activities are exempt the provisions of this bylaw:
8.1.1. To emit or cause or permit the emission of Noise or vibration in connection with
emergency measures undertaken during an emergency.
8.1.2. To emit or cause or permit the emission of Noise or vibration in connection with
the operation of equipment by or on behalf of the Municipality, County, or
province for critical infrastructure construction, general maintenance projects,
emergency projects or the collection or disposal of waste;
8.1.3. To emit or cause or permit the emission of Noise or vibration in connection with a
Municipally approved event.
a. For further clarity, the Mitchell & District Agricultural Society is exempt from
Section 8.2 and 8.3 of this By-law.
8.1.4. To emit or cause or permit the emission of Noise or vibration in connection with
an established industrial or agricultural function.
8.1.5. To emit or cause or permit the emission of Noise or vibration in connection with
the reasonable use of a warning device (horn) during the lawful operation of a
Motor Vehicle, snow removal equipment, ringing of fire bells or alarms for the
purpose of giving notice of danger or any unlawful act (other than car alarms) for
a continuous period of twenty (20) minutes or less, car alarms for a period of five
(5) minutes or less and power equipment used for the purpose of maintaining a
golf course or municipally owned recreation property or facility.
8.1.6. To emit or cause to permit the emission of Noise or vibration in connection with
the delivery of goods to retail business establishments, restaurants (including
bars & cafes), hotels and motels, or goods distribution facilities as regulated by
Section 130 of the Act.
8.2. Any Person may make an application for an exemption from any of the noise
provisions of this By-law to Council.
8.3. The Person applying for an exemption shall, forty-five (45) days prior to the
commencement of the requested exemption:
8.3.1. Submit a complete application in the form provided by the Clerk or designate;
and
8.3.2. Submit the required Noise exemption fee in accordance with the Municipality's
User Fees and Charges By-law, as amended from time to time; and
8.3.3. Submit any information relevant to the application as requested by and to the
satisfaction of Council including:
a. The applicant's name, address and telephone number; and
b. A letter of consent from the Property Owner (if applicable) consenting to the
exemption;
c. The date, time and location of the activity for which the exception is being sought
including any alternative dates being considered to account for inclement
weather; and
d. The purpose for which the exemption is being sought; and
e. The number of people expect to attend; and
f. The reason why the exemption should be granted; and
g. The description of the Noise for which the exemption is being sought, and any
sound equipment or construction equipment to be used;
h. The name and contact information of the contact Person or Persons that will be
supervising the activities for which the exemption is being sought and will be on-
site during the entire event or activity to ensure compliance with any terms or
conditions of the exemption, if granted; and
i. Any other information or documentation as requested by the Clerk to assist
Council in assessing the application for exemption.
8.3.4. The Clerk may circulate the application for exemption to various Municipal
departments, the County of Perth and to the local police department to obtain
feedback to present to Council.
8.3.5. In determining whether to issue an exemption, Council may:
a. Determine if the applicant has provided all the information required under this By-
law; and
b. Determine whether the applicant has complied with any terms or conditions of
previously approved exemptions issued; and
c. Consider any negative effects that an exemption may have on the Municipality;
and
d. Consider any benefits that an exemption may have on the Municipality.
8.3.6. Council may:
a. Issue an exemption; or
b. Refuse an exemption; or
c. Issue an exemption with conditions deemed suitable in the circumstance, as
determined by Council.
8.3.7. Council may impose conditions on an exemption including, but not limited to:
a. That a notice of the exemption be posted in a visible location where each event or
activity will occur at least seven (7) days prior to the event or activity. This
condition may be altered or waived by Council.
b. The type and volume of Noise that may be made;
c. The date and time during which the Noise may be made;
d. The date and time of expiry of the exemption;
e. Requiring a noise mitigation plan to be filed with the Municipality.
8.3.8. The Clerk shall notify the applicant of Council's decision.
8.3.9. Any exemption issued under this By-law shall expire on the date and time set out
in the notice.
8.3.10. Any breach by the applicant of any terms or conditions shall render the
exemption null and void.
8.3.11. Every applicant issued an exemption shall comply with the terms and conditions
of the exemption.
PART VI - ENFORCEMENT
9. Authority
9.1. This By-law shall be administered by the Clerk, or any such Person appointed by
the Municipality for that purpose.
9.2. This By-law may be enforced by a Municipal Law Enforcement Officer (MLEO) or
any other Person appointed by the Municipality for that purpose.
9.3. The Municipality may, at any time, request the assistance of a Person possessing
special or expert knowledge to enforce any part of this By-law.
9.4. An Officer may enter on land at any reasonable time for the purpose of carrying out
an inspection to determine whether or not the following are being complied with:
a. This By-law;
b. A direction or order to the Municipality made under the Act, or a By-law of the
Municipality passed under the Act; and
c. A condition of a License issued by the Municipality.
9.5. For the purpose of enforcing this By-law, a MLEO may, alone or in conjunction with
a Person possessing special or expert knowledge:
a. Require the production of documents or things relevant to an inspection;
b. Inspect and remove documents or things relevant to an inspection for the
purpose of making copies;
c. Require information from any Person concerning a matter related to an
inspection; and
d. Make examinations, take tests or samples or photographs necessary for the
purpose of the inspection.
10. Orders
10.1. Where the Municipality is satisfied that a contravention of this By-law has occurred,
the Municipality may make an Order requiring the Person who contravened this By-
law, or caused or permitted the contravention, or Owner or occupier of the land on
which the contravention occurred, to discontinue the contravening activity or to do
work to correct the contravention.
10.2. An order under this By-law shall set out:
a. Reasonable particulars of the contravention adequate to identify the
contravention and the location of the land on which the contravention occurred;
and
b. The date by which there must be compliance with the Order.
c. The work to be done and the date by which the work must be done.
10.3. Any Person who contravenes an Order under Section 10.2 of this By-law is guilty of
an offence.
10.4. If a Person fails to do a matter or thing, including comply with an Order under this
By-law, as directed or required by this By-law, the Municipality may, in default of it
being done by the Person directed or required to do it, do the matter or thing at the
Person's expense. The Municipality may recover the cost of doing a matter or thing
from the Person directed or required to do it by action or by adding the costs to the
tax roll and collecting them in the same matter as municipal taxes.
11. Service of Orders, Notice and Decisions
11.1. An order, notice of decision under this By-law shall be served personally or by
registered mail. A copy of the order, notice or decision may also be:
a. Emailed to the last known email address of the Person to whom the order,
notice or decision is directed;
b. Deposited in a mailbox or mail slot of the Person to whom the order, notice or
decision is directed;
c. Sent by pre-paid regular mail to the last known address of the Person to whom
the order, notice or decision is directed.
11.2. Where service is made by:
a. Registered mail, it shall be deemed to be made on the second (2nd) day after
the date of mailing;
b. Personal service shall be deemed to be made on the day the order, notice or
decision served was delivered.
12. General Offence Provisions
12.1. No Person shall provide false information or give a false statement to an Officer,
employee and/or agent of the Municipality in the lawful exercise of a power or duty
under this By-law.
12.2. No Person shall hinder or obstruct, nor attempt to hinder or obstruct, either directly
or indirectly, an Officer, employee and/or agent of the Municipality in the lawful
exercise of a power under this By-law.
12.3. Every Person shall comply with any order or notice issued under the authority of
this By-law.
13. General Penalty Provision
13.1. Every Person who contravenes any provision of this By-law is guilty of an offence
and upon conviction is liable to a fine as provided for by the Provinces Offences
Act, 1990, as amended.
13.2. Each day on which a Person contravenes any provision of this By-law shall be
deemed to constitute a separate offence under this By-law as provided for in
section 429(2) of the Act, as amended.
14. This By-law shall come into full force and effect on January 13, 2025 and will repeal and
replace By-law 53-2009 Regulate Noise and 86-2017 Prohibit & Regulate Public
Nuisances.
Read a first and second time this 18th day of November 2024.
_____________________________
Mayor Walter McKenzie
_____________________________
Clerk Daniel Hobson
Read a third and final time and finally passed this ____ day of ___________________.
_____________________________
Mayor Walter McKenzie
_____________________________
Clerk Daniel Hobson
Schedule "A"
Municipality of West Perth
Part I Provincial Offences Act
By-law 61-2024: Noise By-law
Page 1 of 2
ITEM
COLUMN 1
Short Form Wording
COLUMN 2
Provision creating or
defining Offence
COLUMN 3
Set Fine
1
Causing or permitting noise that
disturbs the peace of another
individual
s.6.1
$ 175.00
2
Causing or permitting vibration that
disturbs the peace of another
individual
s.6.2
$ 175.00
3
Causing or permitting noise from a
motor vehicle horn or other warning
device
s.6.3
$ 350.00
4
Causing or permitting the detonation
of fireworks
s.6.4
$ 350.00
5
Causing or permitting the operation
of a stationary Motor Vehicle for
more than 5 minutes
s.6.5
$ 350.00
6
Causing or permitting noise from any
auditory signaling during prohibited
hours
s.6.6.1
$ 350.00
7
Causing or permitting noise from an
electrical device or sound-producing
equipment during prohibited hours
s.6.6.2
$ 350.00
8
Causing or permitting noise from
loading, and unloading of materials
during prohibited hours
s.6.6.3
$ 350.00
9
Causing or permitting noise by
operating a tool for domestic
purposes during prohibited hours
s.6.6.4
$ 350.00
10
Causing or permitting noise by
operating a combustion engine
during prohibited hours
s.6.6.5
$ 350.00
11
Causing or permitting noise by
operating Construction Equipment
during prohibited hours
s.6.6.6
$ 350.00
12
Cause a Bodily Emission to be
deposited in a Public Place
s.7.1
$ 175.00
13
Solicit or sell any items in any Public
Place
s.7.2
$ 175.00
14
Block any Sidewalk or other
pedestrian-way, or portion thereof
s.7.3
$ 175.00
15
Damage a mailbox, newspaper box,
bench, fence, blue box or garbage
container located on Public Property
s.7.4
$ 175.00
16
Participate in a Fight or similar
physical confrontation
s.7.5
$ 175.00
17
Apply Graffiti on any Property
s.7.6
$ 175.00
18
Camp in a Public Place
s.7.7
$ 175.00
19
Discharge a Firearm in a Settlement
Area
s.7.8
$ 350.00
20
Cause a disturbance in a Public
s.7.9
$ 350.00
"NOTE: the penalty provision for the offences indicated above is section 13.1 of By-law No. 61-
2024, a certified copy of which has been filed".
Page 2 of 2
Place
21
Provide false information to an
Officer
s.12.1
$ 500.00
22
Hinder/Obstruct an Officer
s.12.2
$ 500.00
23
Fail to comply with an order
s.12.3
$ 500.00