THE CORPORATION OF THE VILLAGE OF MONTROSE
BYLAW #531
A BYLAW TO REGULATE EXCESSIVE NOISE.
WHEREAS section 724
of the Municipal Act (RS Chapter 323) authorizes the Council of
the Village of Montrose to regulate or prohibit the making of excessive noise,
NOW THEREFORE the Council of the Village of Montrose, in
open meeting assembled, ENACTS AS FOLLOWS:
SHORT TITLE
1. (1) This Bylaw may be cited as the "Noise Regulation
Bylaw"
BYLAW
OBJECTIVE
2. (1) It
is not the purpose of this bylaw to regulate all possible sources and causes of
noise that may from time to time be deemed objectionable or disturbing by the
residents of the Village of Montrose.
(2) The
purpose of this bylaw is limited to provide guidelines that the residents of
the Village of Montrose, acting reasonably, will respect, and to provide
measures for the enforcement of the bylaw in such instances where the
guidelines provided in this bylaw are repeatedly and consistently ignored by
individuals to the detriment of other residents’ right to peaceful and quiet
enjoyment of their property.
NOISE
REGULATIONS
3. (1) Subject
to the exemptions provided in this bylaw,
(a)
operating
and/or running construction equipment and/or power tools between the hours of
10 p.m. and 7 a.m. on any day is deemed to be creating an objectionable noise
and is hereby prohibited;
(b)
operating
loudspeakers or any sound generating equipment producing a volume that will
carry sound beyond the limit of the property on which it is generated, between
the hours of 10 p.m. and 7 a.m. on any day, is deemed to be creating an
objectionable noise and is hereby prohibited;
(c)
an
owner, or a person responsible for, a dog who permits such dog to bark or howl,
or fails to prevent such dog from barking or howling consistently or
continuously, at any time, is deemed to be creating and objectionable noise
that is hereby prohibited;
(d)
a
person who makes, or contributes to the making of a noise of any kind that
exceeds a level of noise normally present in the neighbourhood, and who fails
to comply with repeated requests from citizens to cease making such noise, is
deemed to be in contravention of this bylaw.
(2) Council may, by resolution, grant an exemption to any noise
limitation regulation established in this bylaw where, in the opinion of
council,
(a) the provisions of this bylaw may, for a
specific and limited time, be in conflict with a broader community interest,
(b)
consideration
of an exemption is justified due to exceptional circumstances.
PENALTIES
4. (1) Any person committing an act or an omission in contravention of
any provision of this bylaw is deemed to have committed an offense.
(2) Any person, having been found guilty by a court of competent
jurisdiction of an offense under the provisions of this bylaw, is liable to a
fine not to exceed one thousand dollars ($1,000).
ENACTMENT
5. (1) If any section, subsection, sentence, clause or phrase of this
bylaw is for any reason held to be invalid by the decision of any court of
competent jurisdiction, the invalid portion shall be severed and the part that
is invalid shall not affect the validity of the remainder.
(2) Bylaw
222 is hereby repealed.
(3) This
bylaw shall come into full force and effect on the final adoption thereof.
READ A FIRST TIME this
18th day of August, 1998
READ A SECOND TIME this 1st day of September , 1998
READ A THIRD TIME this
15th day of September, 1998
RECONSIDERED AND FINALLY
ADOPTED this 6th day of October, 1998
_________________________ _________________________
Mayor Village
Clerk
Certified
a true copy of Bylaw #531, as adopted.
______________________________________
André Carrel, Village Clerk