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Municipality of Cascapedia-St-Jules
Co. of Bonaventure
Province of Québec
By-Law #19-06
CONSIDERING THAT the Municipal Council judges it necessary to adopt a
by-law governing nuisances to improve the general well-being of the citizens
within the territory of the Municipality of Cascapedia-St-Jules;
CONSIDERING THAT the Municipal Council judges it necessary to adopt a
by-law to define what constitutes a nuisance and how to avoid it, and to
impose fines upon those who create or let exist such nuisances;
CONSIDERING THAT a notice of motion was given at the regular session
of July 2nd, 2019.
It is therefore proposed by Councillor Margaret-Anne Cooke and
unanimously resolved by the Councillors present
THAT all previous By-Laws concerning nuisances be rescinded;
THAT By-Law #19-06 be decided and decreed that which follows;
ARTICLE 1: Preamble
The preamble is an integral part of the present by-law.
ARTICLE 2: Definitions
Public Area: Parking lots and yards where the responsibility and upkeep, or
the owner is the Municipality. Open air spaces of commerce or a public
building.
Public Place: Parks, roads, yards and parking lots of Educational and Health
buildings and other public areas.
Camping: Installation of a mobile home, tent trailer, tent, camping van,
motorhome or any other shelter destined to serve as temporary housing. Is
also considered as camping, any person sleeping in a vehicle.
Parks and Rest Stops: Parks and Rest Stops situated within the territory of
the Municipality and which are under it's jurisdiction and include all the
public areas whether they are grass or not, accessible to the public for the
purpose of rest or relaxation, games or sports or other similar pursuits.
Beach: A level stretch of land with little sloping, formed entirely of sand or
bare gravel and situated beside a stretch of water.
Automobile scrap or junk: Motor vehicle no longer in use or missing one or
more parts essential for its proper functioning.
Motor vehicle: All vehicles within the Code de la sécurité routière (loi du
Québec, RLRQ, chapitre C-24.2) that means any motorized road vehicle that
is adapted for the transportation of a person or property.
Motorized vehicle: Road vehicle, off road vehicles, snowmobiles, all terrain
vehicles(ATV).
ARTICLE 3: Noise, Nuisances and work
3.1 That which constitutes a nuisance and is therefore prohibited is to make,
provoke or incite in any manner noise to break the peace and well being of
the neighborhood.
3.2 That which constitutes a nuisance and is therefore prohibited is to make
or cause noise in a manner to break the peace and well being of the
neighborhood by performing, between the hours of 10:00 PM and 7:00 AM,
construction work, demolition or repairs to a building or vehicle, except
when the work is an emergency and done to ensure the security of the area
and or population.
3.3 That which constitutes a nuisance and it therefore prohibited to make
noise susceptible to break the peace and well-being of the neighborhood by
using, between the hours of 10 PM and 7 AM, a lawn mower or chain saw,
except when the work is an emergency and done to ensure the security of the
area and or population.
ARTICLE 4: Musical instruments and other noise producing equipment
4.1 It is prohibited for any person to make noise susceptible to break the
peace and well-being of the neighbourhood by loudly playing instrument or
group of musical instruments as well as any other noise producing equipment
in a public place, inside or outside of a dwelling.
4.2 More precisely, it is prohibited to use, in a park or at a rest stop, any
musical instrument or other noise producing equipment after 10:00 PM.
ARTICLE 5: Speakers, amplifiers
5.1 - Speakers and amplifiers are not to be installed or used outside of a
building.
5.2 - Speakers and amplifiers are not to be installed or used inside of a
building in a manner which projects the sound outside, towards roads or
public places in the Municipality.
5.3 - The present article does not apply to public places. It does not apply to
either reunions, demonstrations, parties, festivals or public entertainment
authorized by the Municipality for a period of time and in a specific place.
ARTICLE 6: Beach traffic
Constitutes a nuisance and is therefore prohibited to circulate in a motorized
vehicle on any beach situated within the territory of the Municipality.
ARTICLE 7: Dogs and all other animals
7.1 - Circulation
It is prohibited, that any owner of a dog or other animal within the Municipal
limits, to let the animal wander on the roads or sidewalks, and on all public
land as well as private land not belonging to the animal owner without the
land owners consent.
A dog on a leash and accompanied by its owner can circulate on the roads,
sidewalks and public places of the Municipality, except those places
prohibited by the Municipality.
7.2 - Nuisance
Any dog barking, growling or howling in a manner to break the peace or to
be a serious problem for the neighbors, causing damage to land, lawns,
gardens, flowers, trees or shrubs, garbage, or which pursues, attacks or
injures a pedestrian, cyclist or other domestic animal or livestock is
considered to be a nuisance and his owner or guardian is liable for a fine as
foreseen in the present By-Law.
ARTICLE 8: Parking in winter
It is prohibited to park or stop a vehicle on a public road between the hours of
11 pm and 7am from December 1st to March 31st (if signs specifying this
restriction are posted in the Municipality).
ARTICLE 9: Prohibited to throw snow into the street
9.1 Dumping snow in the street
It is prohibited by whosoever in possession of a snow blower or other
equipment to dispose of snow from their yard into the street.
9.2 Transport snow from one side of the street to the other
It is prohibited to transport, from one side of the street to that facing, any
snow from the clearing of ones property.
ARTICLE 9: Camping in public areas or on a beach
It is prohibited to camp in public areas and on beaches where signs specifying
this restriction are posted in the Municipality.
ARTICLE 10: Application of the By-Law
The articles of the present By-Law are applicable by the Sûreté du Québec,
which authorizes their members to initiate criminal prosecution against the
offender on behalf of the municipality and to give fines. They are also
applicable by the person appointed by the Municipality.
ARTICLE 11: Penalties
Whosoever contravenes or does not conform to the articles
in the present By-Law, commits an infraction and is
liable to be charged a fine plus fees (1) according to the following tables:
Article number
Fines
Minimum Maximum
8
$50
$150
9
$100
$300
3.1, 3.2, 3.3, 4.1, 4.2,
5.1, 5.2, 6, 7.1, 9.1, 9.2
$200
$600
7.2
$300
$900
Fees*: The fees are those applicable in the By-Law on judicial tariffs in
Penal matters (R.R.Q., 1981, c(25.1).
ARTICLE 12: Coming into force
The present by-law will enter into effect according to the law.
Adopted in Cascapedia-St-Jules, this 2nd day of September 2019.
Gaétan Boudreau, Mayor Susan Legouffe, Director General
Fines
Cour du Québec
MRC of Avignon
MRC of Bonaventure
By-Law concerning Nuisances
Infraction
Fine
Code
Article 3.1
Provoke or incite to make noise susceptible to break the peace and well being
of the neighbourhood
200$
RM
450
Article 3.2
Perform construction, demolition or repair work on a building or vehicle susceptible
to break the peace and wellbeing of the neighbourhood between the hours of
10 pm and 7 am
200$
RM
450
Article 3.3
Use a lawn mower or chainsaw susceptible to break the peace and wellbeing of
the neighbourhood between the hours of 10 pm and 7 am
200$
RM450
Article 4.1
Have disturbed the tranquility and wellbeing of citizens by playing an instrument or
group of musical instruments or any noise making equipment in a public place,
interior or exterior of a dwelling
200$
RM
450
Article 4.2
Have disturbed the tranquility and wellbeing of citizens by loudly playing an
instrument or group of instruments or any noise making equipment
in a park or rest stop after 10 pm.
200$
RM
450
Article 5 (5.1)
Have installed or used, outside of a building, a speaker or amplifier
200$
RM
450
Article 5 (5.2)
Have installed or used a speaker, or amplifier inside a building in such a manner
that the sound is heard outside in the streets, or public places of the Municipality
200$
RM
450
Article 6
Have circulated a motorised vehicle on a beach on the territory of the Municipality
200$
RM
450
Article 7 (7.1)
Allowed a dog or any other animal within the limits of the Municipality
to wander or roam in the streets, sidewalks or public places
and/or
Allowed a dog or any other animal wander or roam on private land without
consent from the owner of said property
and/or
Have circulated with a leashed dog in an forbidden area of the Municipality
200$
RM
450
Article 7 (7.2)
Allowed a dog to bark or wail in a way as to break the peace or be a serious
enemy to the neighbourhood
and/or
Allowed a dog to cause damages to land, grass, gardens, flowers, shrubs or garbage
and/or
Allowed a dog to chase, attack or injure a pedestrian, a cyclist, animal or farm animal
300$
RM
450
Article 8
Have stopped or parked a vehicle on a public road between 11pm and 7am
From Dec. 1st to March 30th (if signs restricting it exist in the Municipality)
50$
RM
450
Article 9.1
Have dumped snow from your property into the street with a blower or other equipment
200$
RM
450
Article 9.2
Have transported snow from cleaning your property, from one side of the road to the
other
200$
RM
450
Article 10
Have been camping in a public place or beach if signs restricting it exist in the
Municipality
100$
RM
450