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CORPORATION OF THE TOWN OF

THE BLUE MOUNTAINS

BY-LAW 2002 – 9

Office Consolidation

(By-laws 2002-60 & 2004-16)

Being a By-law to prohibit or regulate noises within the municipality likely to disturb.

WHEREAS

amendments thereto enables the councils of local municipalities to pass by-laws for prohibition

or regulation within the municipality of noises likely to disturb the inhabitants;

Section 210 (138) of the Municipal Act, chap. M.45, R.S.O. 1990 and

AND WHEREAS

amendments thereto provides for a general maximum penalty upon conviction not to exceed

$5,000.00;

section 61 of the Provincial Offences Act, chap. P.33, R.S.O. 1990 and

AND WHEREAS

of noise within the municipality in a format that would allow enforcement by both a Municipal

Law Enforcement Officer and the Ontario Provincial Police;

it is deemed expedient to pass a by-law for the prohibition or regulation

NOW THEREFORE

hereby enacts as follows:

1. THAT no person shall make noise or cause noise to be made or permit noise to be

made that would be likely to disturb the inhabitants of the municipality.

2. THAT for the purposes of Section 1, the following noises or sounds, among others, shall

be deemed likely to disturb the inhabitants of the municipality:

(a) The sound or noise from, or created by, any radio, television, phonograph, or any

other electronic device, or any musical or sound producing instrument of

whatsoever kind when such radio, television, phonograph, device or instrument is

played or operated in such a manner or with such volume likely to disturb the

peace, quiet, comfort or repose of any inhabitant within, or having quiet

enjoyment of the lands upon which is located, any dwelling unit, apartment

building, hotel, motel, or any other type of residence.

(b) The yelling, shouting, hooting, whistling, singing, or any other sound made by an

individual in such a manner which is likely to disturb the peace, quiet, comfort or

repose of any other inhabitant within, or having quiet enjoyment of the lands

upon which is located, any dwelling unit, apartment building, hotel, motel or any

other type of residence.

(c) The operation of construction vehicles or the act of construction between the

hours of 19:00 hours of any weekday to 07:00 hours of the next weekday save

and except Saturday from 08:00 hours to 13:00 hours which is likely to disturb

the peace, quiet, comfort or repose of any other inhabitant within, or having quiet

enjoyment of the lands upon which is located, any dwelling unit, apartment

building, hotel, motel or any other type of residence, unless written permission to

specifically extend or alter the hereinbefore mentioned time periods has been

given in writing by Council.

(d) The sound from the operation of any powered or non-powered tool, for domestic

purposes (other than snow removal) which is operated in such a manner likely to

disturb the peace, quiet, comfort or repose of any inhabitant within, or having

quiet enjoyment of the lands upon which is located, any dwelling unit, apartment

building, hotel, motel or any other type of residence, between the hours of 23:00

hours of one day to 07:00 hours of the next day (09:00 hours on Sundays).

(e) The persistent noise made by any domestic pet, or any animals kept for

commercial purposes, likely to disturb the peace, quiet, comfort, or repose of any

inhabitant in the same building or in the neighbourhood, at any time.

(f) The grating, grinding, rattling noise or any other noise caused by a condition of

disrepair or maladjustment of any motor vehicle or other vehicle whatsoever or

part or accessory thereof likely to disturb the peace, quiet, comfort or repose of

any other inhabitant within the municipality.

3. THAT this By-law does not affect:

a) Any bona fide agricultural use or practice engaged in by a bona fide farmer or employee

thereof.

b) The operation of snow-making machinery or snow-grooming vehicles.

c) The operation of snow-removal equipment.

d) Noises or sounds authorized by the municipality. (By-law No. 2002-60)

e) Noises or sounds related to the non-residential use of land that is permitted by a by-law

enacted by the municipality pursuant to Section 34 of the

hours of 07:00 hours and 19:00 hours. (By-law 2002-60)

f) Noises or sounds related to the non-residential use of land that is permitted pursuant to

the regulations made under the

the Council of the Corporation of the Town of The Blue MountainsPlanning Act between theNiagara Escarpment Planning And Development Act

between the hours of 07:00 hours and 19:00 hours. (By-law 2002-60)

g) Noises or sounds authorized by the Blue Mountain Village Association originating within

the “Village at Blue Mountain” (Parts 1-40, 16R-7451) between the hours of 07:00 hours

and 23:00 hours. (By-law No. 2002-60)

h)

Concession 8, Roll No.: 7-046-02, by the Blue Ridge Sportsmen’s Club Inc. between the

hours of 08:00 and 21:00 on any day, subject to any Provincial or Federal Statute or

Regulation with regard to the discharge of firearms and/or weapons. (By-law 2004-16)

4. THAT every person who contravenes any provision of this By-law is guilty of an offence and

on conviction is liable to a penalty as provided in the

5. THAT should any section, clause or provision of this By-law be declared by a court of a

competent jurisdiction to be invalid, the same shall not affect the validity of the By-law as a

whole or in part hereof, other than the part which was declared to be invalid.

6. THAT Township of Collingwood By-laws No. 92-28, 95-37 and 96-9, Town of Thornbury Bylaw

No. 20A-1983 and Town of The Blue Mountain By-law No. 2000-44 are hereby

rescinded and repealed.

Read a first and second time this 28 day of January, 2002.

Read a third time and passed this 28 day of January, 2002

....................................................... ........................................................

Ross Arthur, Mayor Stephen Keast, Clerk

Noises or sounds related to the use of lands known as Part of Lot 5 and Part of Lot 6,Provincial Offences Act.
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