MUNICIPALITY OF LEAMINGTON BY-LAW

Transcription

1 MUNICIPALITY OF LEAMINGTON BY-LAW Being a by-law to regulate noise. Amended by on May 9, on February 27, 2006 and on May 15, 2006 WHEREAS Section 129 of the Municipal Act, 2001, S.O. 2001, c.25 provides that the councils of local municipalities may pass a by-law for regulating noise. NOW THEREFORE THE CORPORATION OF THE MUNICIPALITY OF LEAMINGTON BY ITS COUNCIL ENACTS AS FOLLOWS: 1. INTERPRETATION (1) In this by-law, (a) "Construction" includes erection, alteration, repair, dismantling, demolition, structural maintenance, painting, moving, land clearing, earth moving, grading, excavating, the laying of pipe and conduit whether above or below ground level, street and highway building, concreting, equipment installation and alteration and the structural installation of construction components and materials in any form or for any purpose, and includes any work in connection therewith: (b) (c) (d) (e) (f) (g) "Construction Equipment" means any equipment or device designed and intended for use in construction or material handling, including but not limited to, air compressors, pile drivers, pneumatic or hydraulic tools, bulldozers, tractors, excavators, trenchers, cranes, derricks, loaders, scrapers, pavers, generators, off-highway haulers or trucks, ditchers, compactors and rollers, pumps, concrete mixers, graders or other material handling equipment; "Corporation" means The Corporation of the Municipality of Leamington; "Council" means the Council of The Corporation of the Municipality of Leamington; "Industrial Area" means those areas of the municipality designated as industrial in Leamington By-law No and Mersea By-law No as may be amended from time to time or designated as industrial pursuant to any other by-law enacted pursuant to Section 34 of the Planning Act, R.S.O c.p.13. "Municipality" means the land within the geographic limit of the Municipality of Leamington; "Noise Control Officer" means a Police Officer of the Leamington Police Service or any person designated by Council as responsible for the administration or enforcement of municipal by-laws from time to time;

2 Noise By-law 2 (h) "Unnecessary Noise" means sound that is of such loud volume or continuous duration that it creates a nuisance. 2. GENERAL PROHIBITIONS (1) No person shall create unnecessary noise. (2) Without limiting the generality of Section 2(1), no person within the municipality shall commit any of the following acts, which shall be deemed to be creating unnecessary noise: (a) permitting the persistent barking of a dog of which the person is the owner or has care and control; or (b) operating a lawn mower, chain saw or other similar motorized device between the hours of 9:00 p.m. and 7:00 a.m. 3. EXEMPTIONS Section 2 (1) of this By-law does not apply to noise created by the following activities: (a) (b) (c) (d) Construction or the operation of construction equipment between the hours of 11:00 a.m. and 4:00 p.m. on Sundays and between the hours of 7:00 a.m. and 9:00 p.m. every other day. Emergency measures undertaken for the immediate health, safety or welfare of the inhabitants or any of them or for the preservation or restoration of property; unless such sound is clearly of a longer duration or nature more disturbing, than is reasonably necessary for the accomplishment of such emergency purpose. Any normal farm practice as determined pursuant to the Farming and Food Production Act, 1998 S.O. Chap. 1. For any sound that emanates from an industrial area that results from an essential part of the industrial process that is established on the property from which sound originated. 4. EXEMPTION OF TRADITIONAL, FESTIVE, RELIGIOUS ACTIVITIES This By-law does not apply to any facilities or activities of any level of government or any of the hereinafter listed traditional, festive or religious and other activities, namely: (a) (b) (c) (d) (e) (f) events sponsored by the Tomato Festival Committee; ringing of church bells; religious events and religious processions; the sounding of the H. J. Heinz Whistle; the Leamington Uptown Business Improvement Area sound system or any event sponsored by that organization; events sponsored by an ethnic club and promotes ethic culture; events sponsored by the Leamington Agricultural Society.

3 Noise By-law 3 5. GRANT OF EXEMPTION BY COUNCIL (1) Application to Council Notwithstanding anything contained in this By-law, any person may make application to Council to be granted an exemption from any of the provisions of this By-law with respect to any source of sound or vibration for which the person might be prosecuted and Council, by resolution, may refuse to grant the exemption applied for or any exemption of lesser effect, and any exemption granted shall specify the time period, not in excess of six (6) months, during which it is effective and may contain such terms and conditions as Council sees fit. (2) Decision In deciding whether to grant the exemption, Council shall give the applicant and any person opposed to the application, an opportunity to be heard and may consider such other matters as Council sees fit. (3) Breach Breach by the applicant of any of the terms or conditions of any exemption granted by Council shall render the exemption null and void. 6. SEVERABILITY If a Court of competent jurisdiction should declare any section or part of a section of this By-law to be invalid, such section or part of a section shall not be construed 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. PENALTY Every person who contravenes any of the provisions of this by-law is guilty of an offence and upon conviction is subject to a fine pursuant to the Provincial Offences Act, R.S.O. c. P.33, as amended. 8. That Leamington By-law No and Mersea By-law No. 5410, as amended, are repealed. READ A FIRST, SECOND AND THIRD TIME AND FINALLY ENACTED THIS 7 TH DAY OF JULY, Dave Wilkinson Mayor Kim Siddall Municipal Deputy Clerk

4 THE CORPORATION OF THE MUNICIPALITY OF LEAMINGTON BY-LAW Being a by-law to Amend By-law being a by-law to regulate noise. (Erie Ramblers Motorcycle Club) WHEREAS the Council of the Corporation of the Municipality of Leamington at its meeting held July 7 th, 2003 enacted By-law No , being a by-law to regulate noise in the Municipality of Leamington; AND WHEREAS the Council of the Municipality deems it necessary to amend By-law No to grant exemption from the noise by-law for the Erie Ramblers Motorcycle Club at 2205 Deer Run Road as specified. NOW THEREFORE THE CORPORATION OF THE MUNICIPALITY OF LEAMINGTON BY ITS COUNCIL ENACTS AS FOLLOWS: 1. That Section 4 of By-law No , which exempts traditional, festive and religious activities, be amended to include the following: (g) events sponsored by the Erie Ramblers Motorcycle Club at 2205 Deer Run Road between the hours of 7:00 a.m. and 11:00 p.m. and on scheduled race days between the hours of 5:00 a.m. and 11:00 p.m. 2. That By-law is hereby amended. READ A FIRST, SECOND AND THIRD TIME AND FINALLY ENACTED THIS 9 th DAY OF MAY, John Adams Mayor Brian Sweet Clerk

5 THE CORPORATION OF THE MUNICIPALITY OF LEAMINGTON BY-LAW Being a by-law to Amend By-law being a by-law to regulate noise. (Rhine Danube Sportsmen Club) WHEREAS the Council of the Corporation of the Municipality of Leamington at its meeting held July 7 th, 2003 enacted By-law No , being a by-law to regulate noise in the Municipality of Leamington; AND WHEREAS the Council of the Municipality deems it necessary to amend By-law No to grant exemption from the noise by-law for the Rhine Danube Sportsmen Club at 218 Mersea Road 6 as specified. NOW THEREFORE THE CORPORATION OF THE MUNICIPALITY OF LEAMINGTON BY ITS COUNCIL ENACTS AS FOLLOWS: 1. That Section 4 of By-law No , which exempts traditional, festive and religious activities, be amended to include the following: (h) events sponsored by the Rhine Danube Sportsmen Club on Saturdays, during the hours of 1:00 p.m. and 6:00 p.m.; including the Club s annual special event during the hours of 10:00 a.m. to 6:00 p.m. providing that all abutting landowners and the Municipality of Leamington be notified prior to the date of each annual special event. 2. That Municipality of Leamington By-law No is hereby amended. READ A FIRST, SECOND AND THIRD TIME AND FINALLY ENACTED THIS 27 th DAY OF FEBRUARY, John Adams, Mayor Brian R. Sweet, Clerk

6 THE CORPORATION OF THE MUNICIPALITY OF LEAMINGTON BY-LAW Being a by-law to Amend By-law being a by-law to regulate noise. (Erie Shores Golf & Country Club) WHEREAS the Council of the Corporation of the Municipality of Leamington at its meeting held July 7 th, 2003 enacted By-law No , being a by-law to regulate noise in the Municipality of Leamington; AND WHEREAS the Council of the Municipality deems it necessary to amend By-law No to grant exemption from the noise by-law for the Erie Shores Golf & Country Club, 304 Robson Road. NOW THEREFORE THE CORPORATION OF THE MUNICIPALITY OF LEAMINGTON BY ITS COUNCIL ENACTS AS FOLLOWS: 1. That Section 4 of By-law No , which exempts traditional, festive and religious activities, be amended to include the following: (i) Erie Shores Golf & Country Club equipment exemption for lawn mowers and spraying equipment daily between the hours of 5:30 a.m. until 7:00 a.m. 2. That Municipality of Leamington By-law No is hereby amended. READ A FIRST, SECOND AND THIRD TIME AND FINALLY ENACTED THIS 15 th DAY OF MAY, John Adams, Mayor Brian R. Sweet, Clerk

7 ONTARIO COURT OF JUSTICE PROVINCIAL OFFENCES ACT PART I IT IS ORDERED pursuant to the provisions of the Provincial Offences Act and the rules for the Ontario Court of Justice that the amount set opposite each of the offences in the schedule of offences under the Provincial Statutes and Regulations thereunder and Municipal By-law No of the Municipality of Leamington, attached hereto is the set fine including costs, for those offences. This Order is to take effect August 12, Dated at London this 12th day of August, Jf~ / I~ Alexander M. Graham Regional Senior Justice West Region

8 Set Fine Schedule Schedule A to Report CL/16/03 MUNICIPALITY OF LEAMINGTON PART 1 Provincial Offences Act By-law # By-law to Control Noise ITEM COLUMN 1 Short Form Wording COLUMN 2 Offense Creating Provision COLUMN 3 Set Fine (includes costs) 1 Creating unnecessary noise Section 2 (1) $ Unnecessary noise - barking dog Section 2 (2) (a) $ Unnecessary noise operating lawn mower or chain saw Section 2 (2) (b) $ Penalty Provision for the offences indicated above is Section 8 of By-law No a certified copy of which has been filed.