2009-024 prohibiting or regulating within the Municipality of the Township of Oro-Medonte the Making of Noises Likely to Disturb the InhabitantsTHE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. 2009-024
Being a By-Law for Prohibiting or Regulating Within the Municipality
of the Township of Oro-Medonte the Making of Noises Likely
to Disturb the Inhabitants of the said Township
and to Repeal By-Law No. 2005-136
WHEREAS Section 129(1) of the Municipal Act, 2001, S.4.2001, c.25, as
amended, allows municipalities to prohibit or regulate 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) noise created by any live band, 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
neighborhood.
2.2 "PERSISTENT" means existing for a long or longer than usual time or
continuously.
2.3 "PERSON(S)" shall include an individual, his/her personal representative and
their heirs, executors and assignees 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 cause or permit to be created any one or more of
the Noises as defined in Section 2 respectively within the limits of the
Township.
4. EXEMPTION BY COUNCIL
Upon receipt of a written request, Council may, by Resolution, grant an
exemption to provisions of this by-law for a specified period of time subject to
such terms and conditions as are deemed advisable. The request shall
include:
(i) the name and address of the applicant;
(ii) a description of the source of the sound in respect of which an
exemption is being sought;
(iii) the period of time for which the exemption is being sought;
(iv) the reasons why an exemption is being sought.
A copy of the request shall be provided to the Municipal Law Enforcement
Officer who will conduct a site inspection and prepare a report to Council
which includes details of any complaint history or corrective measures to be
taken.
In deciding whether to grant the exemption, Council will review the request,
the staff report, and will provide the applicant an opportunity to speak in
accordance with Council's Procedural By-law.
Where an exemption is granted, any breach of the terms or conditions
renders the exemption null and void.
5. EXEMPTION
None of the provisions of this By-Law shall apply to any public or private
activity where there is already an agreement or Memorandum of
Understanding in place to create the Noise with The Township.
6. ENFORCEMENT AND FINES
6.1 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.
6.2 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.O. 2001, c.25, as amended from time to time shall further apply to
any continued or repeated breach of this By-Law.
7. 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.
8. SHORT TITLE
The short title of this By-Law is the "Noise By-Law".
9. REPEAL
That By-Law No. 2005-136 is hereby repealed in its entirety.
10. 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 25TH DAY OF FEBRUARY,
2009.
BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS 25TH DAY OF
FEBRUARY, 2009.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Mayor, H.S. Hughos
C rk, J. gfas Irwin
~IAY - 1 2009
PROVINCIAL OFFENCES ACT
QR~-MEDONTE
PART 1 TflWNSNiP
IT (S ORDERED pursuant to the provisions of the Provincial Offences Act and
the rules for the Ontario Court of Justice that the amount set opposite each of the
offences in the attached schedule of offences under the Provincial Statutes and
Regulations thereunder and Municipal By-law No. 2009-024 for The Corporation
of the Township of Oro-Medonte, attached hereto is the set fine for those
offences. This Order is to take effect April 20th, 2009.
DATED at Newmarket this 20tH
day of April, 2009. t
Gregory Regis
Regional Senior Justice
Central East Region
Schedule "A"
By-law No. 2009-024
To Prohibit or Regulate within the Municipality of the Township of Oro-Medonte
the Making of Noises Likely to disturb the inhabitants of the said Township
Part I Provincial Offences Act
Item
Short Form Wording Provisions
Creating or
Definin Offence
Set Fine
1 Create a noise Section 3 $150.00
2 Cause a noise Section 3 $150.00
3 Permit a noise Section 3 $150.00
NOTE: The penalty provision for the offences indicated above is Section 6.1 of By-law No.
2009-024.
Page 1 of 1