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Municipality of Whitestone

UNUSUAL NOISE BYLAW NO. 32-2000

Being a bylaw to prohibit or regulate unusual noise or noises likely to disturb the inhabitants of the Municipality of Whitestone. Whereas Section 138, Chapter 210 of the Municipal Act, R.S.O. 1990, c.M.45, as amended, permits Municipalities to regulate or prohibit the ringing of bells, blowing of horns, shouting and unusual noise or noises likely to disturb the inhabitants; And whereas Council for the Municipality of Whitestone deems it necessary to pass a Bylaw to regulate noises within the Municipality of Whitestone. Now therefore be it resolved that Council for the Municipality of Whitestone hereby enacts as follows:

1.Definitions

  1. Council means the Council of the Corporation of the Municipality of Whitestone
  2. Noise means any unwanted sound
  3. Point of reception means any point on the premises of a person where sound, originating from other than those premises, is received
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2.General Provision

  1. No person shall ring any bell, blow or sound any horn or cause the same to be rung, blown or sound, shout or create, cause or permit any noise or unusual noise likely to disturb any inhabitant of the Municipality of Whitestone, at any time, except when required by law or when specifically exempted from this Bylaw

3.Compliance

  1. For the purposes of this Bylaw and without limiting the generality of the foregoing, the following may be deemed to be unusual noises likely to disturb the inhabitants:
    1. The operation of any electronic device or group of electronic devices incorporating one or more loudspeakers or other electro-mechanical transducers and intended for the production, reproduction or amplification of sound
    2. Yelling, shouting, hooting, whistling or singing
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4.Exemptions

  1. Public Safety: Notwithstanding any other provisions of this bylaw, it shall be lawful to emit or cause or permit the emission of sound in connection with emergency measure undertaken unless such sound is clearly of a longer duration or nature more disturbing than is reasonably necessary for the accomplishment of emergency purposes such as the immediate health, safety or welfare of the inhabitants
  2. Commercial Zoned Properties: Notwithstanding any other provision of this bylaw, it shall be lawful to emit or cause or permit the emission of sound in connection with commercial operations undertaken unless such sound is clearly of a longer duration or nature more disturbing than is reasonably necessary for the accomplishment of commercial operation purposes
  3. Industrial Zoned Properties: Notwithstanding any other provision of this bylaw, it shall be lawful to emit or cause or permit the emission of sound in connection with industrial operations undertaken unless such sound is clearly of a longer duration or nature more disturbing than is reasonably necessary for the accomplishment of industrial operation purposes
  4. Airport (P) Zoned Properties: Notwithstanding any other provision of this bylaw, it shall be lawful to emit or cause or permit the emission of sound in connection with airport operations undertaken unless such sound is clearly of a longer duration or nature more disturbing than is reasonably necessary for the accomplishment of industrial purposes
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5.Grant of Exemption by Council

  1. Application to Council: Notwithstanding anything contained in this bylaw, any person may make application to Council to be granted an exemption from any of the provisions of this bylaw with respect to any source of sound for which they might be prosecuted. Council, by resolution, may refuse to grant any exemption or may grant the exemption applied for, specifying the time period and such terms and conditions as Council deems appropriate
  2. In deciding whether to grant the exemption, Council shall give the application and any other person opposed to the application, an opportunity to be heard and may consider such other matter as it deems appropriate
  3. Breach by the applicant of any of the terms or conditions of any exemptions granted by Council shall render the exemption null and void
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6.Penalty

  1. Any person who contravenes any provision of this bylaw is guilty of an offence and, upon conviction, is liable to a fine, not to exceed the maximum provided under the Provincial Offences Act, exclusive of cost, and every such fine shall be recoverable under the Provincial Offences Act
  2. All sections of the bylaw shall be deemed to be separate and independent and the validity of any section or provision thereof shall not affect the remaining sections

This bylaw shall come into full force 26 April of 2000.

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