2005-136 For Prohibiting or Regulating Within the Municipality of the Township of Oro-Medonte the Making of Noises Likely to Disturb the Inhabitants of said Township & Repeal By-Laws 97-82 & 98-90
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THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. 2005-136
Being a By-Law for Prohibiting or Regulating. Within t~e Mu~icipality
of the Township of Oro-Medonte the Making of NOises Likely
to Disturb the Inhabitants of the said Township
and to Repeal By-Laws No. 97-82 and 98-90
WHEREAS Section 129(1) of the Municipal Act, 2001, S.D. 2001, c.25, as amended,
permits municipalities to pass by-laws for prohibiting or regulating noise;
AND WHEREAS the Council for The Corporation of the Township of Oro-Medonte
deems it necessary and expedient to pass such a by-law;
NOW THEREFORE the Council of the Township of Oro-Medonte enacts as follows:
1. PROVISIONS
1.1 The provisions of this By-Law shall apply to all lands located in and all activities
that may create any noise or unusual noise as hereinafter defined occurring
within the municipal boundaries of the Township of Oro-Medonte.
2. DEFINITIONS
2.1 "NOISE(S)" means shouting, singing, use of offensive language or any unusual
noise likely to disturb the inhabitants limited to:
(a) The sound or noise from a residential, commercial, industrial or
agricultural zoned property and created by any radio, television, public
address system, sound equipment, loudspeaker or similar device or any
musical or sound producing instrument of whatever kind, when such
device or instrument is played or operated at such volume as to annoy or
disturb the peace, quiet, comfort and repose of any individual in the
neighbourhood; and
(b) Any sound made by any dog or dogs, whether housed individually or in
kennels which disturbs the peace, quiet, comfort or repose of any
individual in the neighbourhood continuing on a persistent basis.
2.2 "PERSISTENT" means existing for a long or longer than usual time or
continuously for approximately 1 hour or longer at a time.
2.3 "PERSON(S)" shall include an individual, his/her personal representative and
their heirs, executors and assigns and shall also include a corporation with or
without share capital.
2.4 "TOWNSHIP" means The Corporation of the Township of Oro-Medonte.
3. OFFENCES
No Person shall create or permit to be created anyone or more of the Noises as
defined in Section 2 respectively within the limits of the Township.
4. EXEMPTION
None of the provisions of this By-Law shall apply to any public or private activity
where written permission to create the Noise has been obtained from the Council
of the Township of Oro-Medonte.
5. ENFORCEMENT AND FINES
5.1 Any Person who contravenes any provision of this By-Law is guilty of an offence
and is subject to a penalty pursuant to the Provincial Offenses Act, R.S.o. 1990.,
c.P.33. Each time a breach of this By-Law occurs it shall constitute a separate
offence.
5.2 The conviction of any offender upon the breach of any provision of this By-Law
shall not operate as a bar to a prosecution against the same offender upon any
continued or subsequent breach of any provisions and the Judge may convict
any offender repeatedly for continued or subsequent breaches of the By-Law and
the provisions of Section 129(1) of the Municipal Act, 2001, S.D. 2001, c.25, as
amended from time to time shall further apply to any continued or repeated
breach of this By-Law.
6. SEVERABILITY
If any court of competent jurisdiction finds any of the provisions of the By-Law are
ultra vires of the jurisdiction of the Township, or are invalid for any other reason,
such provisions shall be deemed to be severed and shall not invalidate any other
provision of the By-Law which shall remain in full force and effect.
7. SHORT TITLE
The short title of this By-Law is the "Noise By-Law".
8. REPEAL
That By-Laws No. 97-82 and 98-90 be repealed in their entirety.
9. EFFECTIVE DATE
This By-law shall come into full force and effect upon the final passing thereof.
BY-LAW READ A FIRST AND SECOND TIME THIS 7TH DAY OF DECEMBER, 2005.
BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS 7TH DAY OF
DECEMBER, 2005.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Jo~,~c~
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