2015-130 amend Noise By-lawThe Corporation of the Township of Oro-Medonte
By-law No. 2015-130
A By-law to amend By-law No. 2012-167,
Being a By-law to provide for the regulation and prohibition of noises likely
to disturb the public and/or the prevention of public nuisance.
(Noise By-law)
Whereas Section 23.1(1) of the Municipal Act, 2001 S.O. 2001, c.25, amended,
authorizes a municipality to delegate its powers and duties under this or any other
Act to a person or body subject to the restrictions set out;
And Whereas Section 128(1) of the Municipal Act, 2001, S.O. 2001 as amended,
provides that a local municipality may prohibit and regulate with respect to public
nuisance, including matter that, in the opinion of Council, are or could become or
cause public nuisance;
And Whereas Section 129 (1) of the Municipal Act, 2001, S.O. 2001, c.25, as
amended, allows municipalities to prohibit or regulate noise;
And Whereas Council of The Corporation of the Township of Oro-Medonte did on
the 3rd day of October 2012, enact By-law No. 2012-167, being a By-law to provide
for the regulation and prohibition of noises likely to disturb the public and/or the
prevention of public nuisance within the Township of Oro-Medonte.
And Whereas Council does now deem it desirable to amend By-law No. 2012-167.
Now Therefore the Council of The Corporation of the Township of Oro-Medonte
hereby enacts as follows:
That Section 3 of By-law No. 2012-167, as amended, be deleted in its entirety
and replaced with:
3.0 EXEMPTION
3.1 Section 2 of this By-law does not apply to a person who creates or
causes or causes or permits the emissions of noise in connection with
any of the activities listed in Schedule "B" of this By-law.
2. And that Section 4.1 of By-law No. 2012-167, as amended, be deleted in its
entirety and replaced with:
4.1 Notwithstanding Section 2 of this By-law, any person may make
application to the Clerk of the Township requesting an exemption from
such provisions of this By-law.
3. And that Section 7.2 of By-law No. 2012-167, as amended, be deleted in its
entirety and replaced with:
7.2 Every person who contravenes any provisions of this By-law is guilty of
an offence and upon conviction is liable to a fine as provided for in the
Municipal Act, 2001, S.O. 2001, c. 25, as amended, and/or the Provincial
Offences Act, R.S.O, 1990, Chapter p.33, as amended.
4. And that Schedule "A" to By-law No. 2012-167, as amended, be deleted in its
entirety and replaced with:
The following are Noise Prohibitions as per Section 2 of this By-law:
A. Persistent, howling, calling, whining or other similar persistent noise
making by any domestic pet or any other animal kept or used for a purpose,
other than livestock.
B. Noise made by yelling, shouting, hooting, singing or other boisterous activity
after 11:00 p.m. and prior to 6:00 a.m. of the following day.
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C. The operation of any construction equipment without an effective exhaust
or intake muffling device.
D. Noise caused by the erection, demolition, alteration or repair of a building
or by construction or construction equipment working upon a site within
500 feet of an occupied dwelling unit on any day between the hours
10:00 p.m. and 6:00 a.m. the next day.
E. Noise or sound made or created between the hours of 11:00 p.m. and 7:00
a.m. the following day by any radio, stereo, phonograph, public address
system, sound equipment, loud speaker, musical instrument, electronic
device designated to amplify sound or other sound -producing equipment,
when the equipment is played or operated in such a manner that the sound
or noise made or created thereby disturbs the peace, comfort or repose of
any person.
5. And that this By-law shall come into force and effect on the date of its final
passing.
By-law read a First, Second and Third time, and Passed this 15th day of July 2015.
The Corporation of the Township of Oro-Medonte
MAyor, H.S. Koghes
Clefk: J.IDojAlas Irwin
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