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1985-015 Medonte THE CORPORATION OF THE TOWNSHIP OF MEDONTE BY-LAW NUMBER 85-15 ~ A By-Law of the Council of the Corporation of the Township of Medonte to prohibit and regulate noise within the Township of Medonte ~ WHEREAS the Municipal Act, R. S. O. 1980, c. 302, Section 210.32 as amended, provides that by-laws may be passed by the Councils of local municipalities for prohibiting or regulating noise; ANfYWHEREAS the Council of the Corporation of the Township of Medonte deems it advisable to exercise this authority; NOW THEREFORE, the Council of ther Corporation of the Township of Medonte enacts as follows: 1. In this By-Law a) "Corporation" meaas the Corporation of the Township of Medonte b) "Council" means the Council of the Corporation of the Township of Medonte c) "Highway" includes a common and public highway, street, avenue, parkway, driveway, square, place, bridge, viaduct or trestle designed and intended for, or used by, the general public for the passage of vehicles; d) "Motor Vehicle" includes an automobile, motorcycle, and any other vehicle propelled or driven otherwise than by muscluar power; but does not include the cars of electric or steam railways, or other motor vehicles runnmg only upon rails, farm tractor, self-propelled implement of husbandry or road- building machine within the meaning of the Highway Traffic Act; e) "Noise" includes loud, harsh, confused or unwanted sound; f) "Person" includes a natural person, a partnership and a Corporation; g) "Point of Reception" means any point on the premises of a person where sound or vibration originating from other than those premises is received h) "Public Service Vehicle" shall mean a vehicle such as a fire department vehicle, police department vehicle, ambulance and others, which is operated by or on behalf of the various levels of governments for the protection of persons and property; 1) "Township" means the Township of Medonte. ~ ~ BY-LAW NUMBER 85-15 page 2 - 2. No person shall make, cause or permit nOIse which disturbs or may disturb or is likely to disturb the quiet, peace, rest, enjoyment, comfort or convenience of the inhabitants of the Township, where the noise is audible at a point of reception or on a highway. ~ 3. Notwithstanding the generality of the provisions of section 2, the following are hereby declared to be noises which in the opinion of Council are objectionable or to disttJrb the quiet, peace, rest, enjoyment, comfort or conveniences of the inhabitants, and the following are hereby prohibited and no person shall make, cause or permit any of the following: ~ a) Yelling, shouting, hooting, whistling or singing at any time or place which disturbs or is likely to disturb persons at a point of reception or on a highway. b) The noise of any radio receiving set, television reCeIVing set, musical instrument, phonograph, loudspeaker or other machin~ or device for the producing of sound, magneitkalJy!(])r electronically or otherwise, at any time where such noise is audible at a point of reception or on a highway. c) The noise from or created by any horn or signalling device on any motor vehicle, where the noise is audible on any highway or point of reception, except when the noise is sounded as a danger warning. e) Any noise made by any animal or bird kept as a pet, kept for sale, boarded or kept for experimental purposes or kept for the purpose of guarding any premises, which is likely to disturb the inhabitants of the Township. 4. Notwithstanding any provision of this by-law , this by-law does not apply to: a) The use in a reasonable manner of any apparatus mechanism for the amplification of the human voice or m\J$ic in a public park or other place when used in connection with any public election, public celebration, or traditional, festive, religious or other similar activity, provided written permission of the Council ha5 first been obtained; b) Any military or similar activity c) Any nOIse In an emergency which IS emitted or caused or permitted In connection with emergency measures t BY - LAW NUMBER 85-15 page 3 - c) cont. i) for the immediate health, safety or welfare of the inhabitants; or ii) for the preservation or restoration of property; unless such noise is clearly of a longer duration or nature as is reasonable necessary for the accomplishment of such emergency purpose. 5. a) Notwithstanding anything in this by-law, any person may make application to Council for a temporary exemption from any of the provisions of this by-law, and shall not be guilty of an offence under this by-law if written permission of Council is obtained, and Council by resolution, may refuse to grant any exemptior., or may grant an exemption on such conditions or for such period as it deems advisable. b) Breach of any of the conditions to the written permission of Council granted under subsection (a) above,shaHrender the permission void and render the persons liable to presecution under any section of this by-law. 6. If a court of competent jurisdiction should dedare any section or part of a section of this by-law to be invalid, such section or part of a section shall not be contrued as having persuaded or influenced Council to pass the remainder of the by-law and it is hereby declared that the remainder of the by-law shall be valid and shall remain in force. 7. Any person who contravenes any of the provisions of this by-law shall be guilty of an offence and shall be liable to a fine of not more than $2,000.00, exclusive of costs, for each contravention and each day of contravention shall constitue a separate offence. - - - READ A FIRST AND SECOND TIME READ A THIRD TIME AND FINALLY PASSED ON THIS 10th day of September, 1985.