1997-082 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
j
--I
II
.
II
II
!I
I
I
q
11
1
I
II
n
II
Ii
: ~
!I
Ii
II
II
II
II
il
Ii
II
II
:1'
..
I'
I
L
"
\1
II
II
'1
n
I:
"
"
I
!I
"
"
"
"
Ii
i'i'
II
Ii
.-
II
II
1
i
I
1
il
Ij
I,
II
q
II
I'
ii
!i
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. 97- 82
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.
WHEREAS Section 210 (138) of the Municipal Act, R.S.O. 1990,
c.M.45 permits Municipalities to pass by-laws for prohibiting or
regulating within the Municipality any noise or noises likely to
disturb the Inhabitants;
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 Council for the Corporation of the Township of Oro-
Medonte hereby enacts as follows;
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 aqricultural zoned property and created by any
radio, phonograph, 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 or 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. No Person shall create or permit to be created anyone or
more of the Noises as defined in Section 3 respectively
within the limits of the Township.
1/ _
-1/ .
'I
/1
II
:r
11
II
il
[I
,
;1
11
I
i
-2-
4 .
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.
5.
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.
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 the Municipal
~, R.S.O. 1990, c.M.45 Section 327 as amended from time to
time shall further apply to any continued or repeated breach
of this By-law.
7. If any court of competent jurisdiction finds any of the
provisions of the By-law are ultra vires 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. The short title of this By-law is the "Noise By-law".
9. That this By-law shall come into force and take effect on
the date of the final passing thereof.
READ A FIRST AND SECOND TIME THIS 15th day of October, 1997
READ A THIRD TIME AND FINALLY PASSED THIS 15th day of October,
1997.
II
II
H
!I
il
ii
Ii
Ii
II
II
II
q
[/
.,
~
d
II
:1
Ii
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Mayor Ian Beard
Lynda Aiken, Clerk