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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. Page 1 of 2 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 Page 2 of 2