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MUNICIPALITY OF LOW
BYLAW NUMBER: SQ 2017-003
Municipal By-law: LOW-03-2017
NOTICE OF MOTION: April 27, 2017
CARRIED ON: May 1, 2017
PUBLICATION: May 2, 2017
COMING INTO FORCE: May 2, 2017
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CANADA
PROVINCE OF QUEBEC
MUNICIPALITY OF LOW
BY-LAW ON NUISANCES
ENFORCEABLE BY THE SÛRETÉ OF QUÉBEC
WHEREAS the Council wishes to adopt a by-law concerning
nuisances;
WHEREAS a copy of by-law 2017-003 was given to the members
of the Council no later than 2 legal days before the regular meeting
of May 1, 2017, that all the members attending declare having read
the draft by-law and wishing to forfeit its reading.
CONSEQUENTLY,
It is moved by Michèle Logue-Wakeling
Seconded by Joanne Mayer
And resolved
THAT :
This By-law be adopted.
SECTION 1
The Preamble shall form an integral part of this By-
law.
SECTION 2
For the purposes of this by-law, the following
expressions and words apply:
"PUBLIC AREAS" means parks, streets, beaches, wharves,
public transportation vehicles, public spaces, publicly accessible
areas or places.
"PARKS" means the parks within the territory of the Municipality
that are under its jurisdiction and includes all public spaces, with
grass or not, where the public has access for rest, relaxation, play
or sport or for any other similar purpose.
"STREETS" means streets, roads, alleys, bicycle paths and
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sidewalks and other public and private places dedicated to
pedestrian traffic or vehicles within the territory of the Municipality.
"PUBLIC AREAS" means the parking areas maintained by the
Municipality, the common areas of a business, a public building or
a residential building.
"AREAS OR PLACES ACCESSIBLE TO THE PUBLIC" Areas or
places accessible to the public, such as a church, vestries,
cemetery, shopping center, sports complex, cultural complex,
tourist site, camping operated by SÉPAQ and others areas or
places accessible to the public.
SECTION 3 "NOISE / GENERAL" It is a nuisance and it is prohibited to make
noises, or provoke or incite noises, in any way, which is likely to
disturb the peace and well-being of the neighborhood, and which is
audible at the limit of one's property.
SECTION 4 "WORK" It is a nuisance and it is prohibited to cause noise likely to
disturb the peace and well-being of the neighborhood by carrying
out construction, demolition or repair work on a building or a
vehicle between 10 pm and 7 am, except in the case of
emergency work to safeguard the safety of premises or persons.
SECTION 5 "SHOW / MUSIC" It is a nuisance and it is prohibited to produce or
allow the production of a show or music playing likely to disturb the
peace and well-being of the neighborhood, or music which is
audible at the limit of one's property.
This provision does not apply where a written consent of the
Municipality has been given by a designated municipal officer.
SECTION 6 " MUSIC/ SOUND PRODUCTION" It is a nuisance and it is prohibited,
as an owner, tenant or occupant of a building, to use a radio, a
stereo, an amplifier, a musical instrument, or any other apparatus
used to produce sounds, in such a way as to disturb the peace and
well-being of the neighborhood.
SECTION 7 "SOUND / PUBLIC PLACE". It is a nuisance and is prohibited to
anyone in a public place to make or tolerate excessive noise by
singing, shouting, or using a radio, a stereo, an amplifier, a musical
instrument, or any other apparatus used to produce sounds likely
to disturb the peace and well-being of the neighborhood.
SECTION 8 "LOUDSPEAKER / AMPLIFIER". It is a nuisance and it is prohibited
to allow the sound produced by a loudspeaker, amplifier or other
transmitting equipment connected to a radio or other similar
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instrument producing sounds, in or on a wall, door or window of a
building, vehicle or boat, in the direction of a public place or private
property so as to disturb the peace and well-being of the
neighborhood.
SECTION 9 "VEHICLE ALARM". It is a nuisance and it is prohibited for an owner
of a vehicle or the person in charge of a vehicle to leave a vehicle
alarm on or to allow such alarm to be activated, except in case of
emergency. Where ownership of the vehicle is established, the
owner is deemed having committed the offense.
SECTION 10 "STATIONARY VEHICLE / STATIONARY ENGINE" It is a nuisance
and it is prohibited to let the engine of a stationary vehicle or a
stationary engine run so as to cause noise in such a way as to
disturb the peace and well-being of the neighborhood between 10
pm and 7 am. Where ownership of the vehicle is established, the
owner is presumed to have committed the offense.
SECTION 11 "EXPLOSIVES" It is a nuisance and it is prohibited to use
firecrackers, chemical irritants or other explosive devices in a
public place.
SECTION 12 "FIREARMS" It is a nuisance and it is prohibited to use a firearm, a
compressed air gun, or a compressed air gun used for recreational
purposes such as "paint-balls" a bow, or a crossbow:
a) Within one hundred (100) meters of any house, building or
structure;
b) From a public road and a width of ten (10) meters on
each side of the right-of-way; or
c) From a pasture in which farm animals are or may be
found without the permission of the owner.
SECTION 13 "LIGHTS" are a nuisance and it is prohibited to project a light outside
the ground from which it originates if it is likely to cause a danger
to the public or an inconvenience to any citizen, or neighbors
whoever they may be.
SECTION 14 "WASTES" are a nuisance and it is prohibited to throw or store in a
public or private place any waste, material, substance or animal
waste. Where the ownership of the land with the waste is proven,
the owner is presumed to have committed the offense.
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SECTION 15 "SNOW OR ICE DEPOSITS" are a nuisance and it is prohibited to
dump or permit the discharge of snow or ice in a public place.
SECTION 16 "RIGHT OF INSPECTION" The municipal Council authorizes the
officers of the Municipality, any employee appointed by the Council
and the peace officers to visit and examine between 7 am and 7
pm, or outside this time limit where there is reasonable cause, any
movable or immovable property and the exterior or interior of any
house, building or building, to determine whether the by-laws are
applied therein and so any owner, tenant or occupant of such
houses, buildings or structures shall receive such persons and
answer all questions put to them in connection with the
enforcement of this by-law.
PENALITIES
SECTION 17 "APPLICATION" The person responsible for the application of this
by-law is any officer or municipal employee appointed by the
Council.
The Council also authorizes all police officers of the Sûreté du
Québec to institute criminal proceedings against any offender and
to issue statements of offense for any contravention of this by-law.
SECTION 18 "PENALTY" Any person who contravenes a provision of this by-law
is guilty of an offense and is liable to the following fines:
A person who commits a first offense is liable to a fine of not less
than two hundred dollars ($200.00) and not more than five hundred
dollars ($500.00) in the case of a person, and not less than three
hundred dollars ($300.00) and not more than one thousand dollars
($1,000.00) in the case of a legal entity.
A person who commits a second offense under the same provision
within a period of two (2) years of the first offense is liable to a fine
of not less than four hundred dollars ($400.00) and not more than
one thousand dollars ($1000.00) in the case of a person, and not
less than five hundred dollars ($500.00) and not more than one
thousand five hundred dollars ($1,500.00) for a legal entity.
A person who commits a third offense within two (2) years of the
first offense is liable to a fine of not less than five hundred dollars
($500.00) and not more than one thousand two hundred dollars
($1,200.00) in the case of a person, and not less than one
thousand dollars ($1,000.00) and not more than two thousand
dollars ($2,000.00) in the case of a legal entity.
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SECTION 19 "REPEAL" This by-law repeals and replaces in its entirety and for
any purpose by-law 2011-003 as well as any previous municipal
by-law incompatible with the provisions of this by-law.
This repeal shall not be construed as affecting any matter or action
done or to be done under the by-law so repealed. Any offense or
prosecution under the repealed by-law or any regulation referred to
therein may be continued in the manner prescribed in those
regulations.
SECTION 20 "ENTRY INTO FORCE" This by-law shall come into force in
accordance with the law.
____________________
____________________
Mayor
Secretary/Treasurer
Notice of motion given on: April 27, 2017
By-law adopted on: May 1, 2017
Publication and Entry into force: May 2, 2017