HomeMy WebLinkAboutBy-law No. 2003-057 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
BY-LAW 2003-057
BEING A BY-LAW TO AMEND BY-LAW #2001-57, A BY-LAW TO
REGULATE AND CONTROL NOISES
AND WHEREAS Corporation of the Municipality of Bayham did by By-laws #2001-57
and#2001-64 regulate and control noise;
AND WHEREAS the Council of the Corporation of the Municipality of Bayham now
deems it necessary to amend By-law No. 2001-57 to provide for the issuance of set fines;
NOW THEREFORE THE CORPORATION OF THE MUNICIPALITY OF
BAYHAM HEREBY ENACTS AS FOLLOWS:
1. THAT By-law 2001-57 be amended by adding the following clauses:
9.1 Any person who contravenes any provision of this By-law is guilty of an offence,
and on conviction is liable to a fine as provided for in the Provincial Offences Act,
as amended.
9.2 Each day such violation is committed, or permitted to continue, shall constitute a
separate offence and may be punishable as such there under. Such fine shall be
recoverable under the Provincial Offences Act.
9.3 Where a person has been convicted of an offence under this By-law, the Court
may in addition to any other penalty imposed on the person convicted, issue an
Order prohibiting the continuation or repetition of the offence or the doing of any
act or thing by the person convicted directed towardthe continuation or repetition
of the offence.
9.4 Every person who fails to comply with an Order to conform to the provisions of
this By-law is guilty of an offence and is liable to prosecution and penalty
pursuant to the Provincial Offence Act, as amended.
Read a first, second and third time this 7th day August 2003.
or: .xY Stewart Clerk: L Millard Yea
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THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
SET FINE SCHEDULE
PART 1 Provincial Offences Act
For By-Law#2001- 57
Being a By-law to Regulate and Control Noises
Amended by By-law#2001-064 &By-law#2003-057
ITEM: COLUMN 1: COLUMN 2: COLUMN 3:
Short Form Wording Provision Creating or Set Fine
Defining Offence Includes Costs
1 Emit sound caused by racing of motorized conveyance. Section 3.11.1 $105.00 _
2 Permit emission of sound caused by racing of motorized Section 3.11.1 $105.00
conveyance. _
3 Emit sound caused by operation of engine without muffing Section 3.11.3 $105.00
device.
4 Permit emission of sound caused by operation of engine Section 3.11.3 $105.00
without muffing device.
5 Emit sound caused by operation of vehicle. Section 3.11.4 $105.00
6 Permit emission of sound caused by operation of vehicle. Section 3.11.4 $105.00
7 Emit sound caused by motor vehicle or equipment for Section 3.11.5 $105.00
more than 5 minutes.
8 Permit emission of sound caused by motor vehicle or Section 3.11.5 $105.00
equipment for more than 5 minutes.
9 Emit sound caused by horn or warning device. Section 3.11.6 $105.00
10 Permit emission of sound caused by horn or warning Section 3.11.6 $105.00
device.
11 Emit sound caused by construction equipment without Section 3.11.7 $105.00
muffling device.
12 Permit emission of sound caused by construction Section 3.11.7 $105.00
equipment without muffling device.
13 Emit sound caused by detonation of fireworks. Section 4 $105.00
Table 3-1 (1)
14 Permit emission of sound caused by detonation of Section 4 $105.00
fireworks. Table 3-1 (1)
15 Emit sound caused by discharge of firearms. Section 4 $105.00
_ Table 3-1 (2)
16 Permit emission of sound caused by discharge of firearms. Section 4 $105.00
Table 3-1 (2)
17 Emit sound caused by combustion engine. Section 4 $105.00
Table 3-1 (3) _
18 Permit emission of sound caused by combustion engine. Section 4 $105.00
Table 3-1 (3)
19 Emit sound caused by loud speakers or sound equipment. Section 4 $105.00
Table 3-1 (4)
20 Permit emission of sound caused by loud speakers or Section 4 $105.00
sound equipment. Table 3-1 (4)
21 Emit sound caused by signaling devices. Section 4 $105.00
_Table 3-1 (5)
22 Permit emission of sound caused by signaling devices. Section 4 $105.00
Table 3-1 (5)
23 Emit sound caused by motorized conveyance not on Section 4 $105.00
highway. Table 3-1 (7)
24 Permit emission of sound caused by motorized conveyance Section 4 $105.00
not on highway. Table 3-1 (7)
25 Emit sound caused by racing of motorized conveyance. Section 4 $105.00
Table 3-1 (8)
26 Permit emission of sound caused by racing of motorized Section 4 $105.00
conveyance. Table 3-1 (8)
NOTE: The penalty provision for the offences indicated above is Section #9 of By-law#2001-057,a
certified copy of which By-law and its amendments thereto,have been filed.
Noise Control By-law#2001-57 Municipality of Bayham
Amended By By-law#2001-064&By-law#2003-057
ITEM: COLUMN 1: COLUMN 2: COLUMN 3:
Short Form Wording Provision Creating or Set Fine
Defining Offence Includes Costs
27 Emit sound caused by release of air, steam or gas. Section 4 $105.00
Table 3-1 (9)
28 Permit emission of sound caused by release of air, steam or Section 4 $105.00
gas. Table 3-1 (9)
29 Emit sound caused by domestic animals. Section 4 $105.00
Table 3-1 (10)
30 Permit emission of sound caused by domestic animals. Section 4 $105.00
Table 3-1 (10)
31 Emit sound caused by yelling or singing. Section 4 $105.00
Table 3-1 (12)
32 Permit emission of sound caused by yelling or singing. Section 4 $105.00
Table 3-1 (12)
33 Emit sound for selling or advertising. Section 4 $105.00
Table 3-1 (15)
34 Permit emission of sound for selling or advertising. Section 4 $105.00
Table 3-1 (15)
35 Emit sound caused by loading,unloading, of materials. Section 4 $105.00
Table 3-1 (16)
36 Permit emission of sound caused by loading,unloading of Section 4 $105.00
materials. Table 3-1 (16)
37 Emit sound caused by operation of construction equipment. Section 4 $105.00
Table 3-1 (17)
38 Permit emission of sound caused by operation of Section 4 $105.00
construction equipment. Table 3-1 (17)
39 Emit sound caused by operation of domestic tools. Section 4 $105.00
Table 3-1 (18)
40 Permit emission of sound caused by operation of domestic Section 4 $105.00
tools. Table 3-1 (18)
41 Emit sound caused by operation of bulk lift equipment. Section 4 $105.00
Table 3-1 (19) _
42 Permit emission of sound caused by operation of bulk lift Section 4 $105.00
equipment. Table 3-1 (19)
NOTE: The penalty provision for the offences indicated above is Section #9 of By-law#2001-057,a
certified copy of which By-law and its amendments thereto, have been filed.
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OFFICE OF THE REGIONAL SENIORJUSTICE CABINET DU JUGE PRINCIPAL REGIONAL
ONTARIO COURT OF JUSTICE ' COUR DE JUSTICE DE L'ONTARIO
t:
WEST REGION _ ;•v. i ', REGION DE L'OUEST
COURT HOUSE .v.
151“FLOOR,USTREET
ET' TELEPHONE/TELEPHONE(519)660-2292
80 LONDON,OS STRRIO FAX/TELECOPIEUR(519)660-3138
ONTARIO
N6A 663
September 24,2003 -'" I
ryi V •.
fi;,,!.
Ms. Carol Judd, Assistant By-law Enforcement Officer
Municipality of Bayham
PO Box 160, 9344 Plank Road
Straffordville,Ontario NOJ 1Y0
Dear Ms.Judd:
Re: Set Fines -Provincial Offences Act-Part I
By-law Number 2001-57 As Amended of the Municipality of Bayham
Enclosed herewith is a copy of an Order,and a copy of a schedule of set fines for the
above referenced By-Law, the By-law indicated in the schedule.
The setting of the fines does not constitute my approval of the short form of
wording used to describe the offences.
I have forwarded the original of the Order and the schedule of the set fines to the
Ontario Court of Justice in St.Thomas,together with a certified copy of the By-law.
Yours truly,
L I:+
Alexander M. Graham
Regional Senior Justice
West Region
Enclosures
/ec
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THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
SET FINE SCHEDULE
PART I Provincial Offences Act
For By-Law#2001-57
Being a By-law to Regulate and Control Noises
Amended by By-law#200I-064&By-Iaw#2003-057
ITEM: COLUMN 1: COLUMN 2: COLUMN 3:
Short Form Wording Provision Creating or Set Fine
Defining Offence [nelgdea Costs
I Emit sound caused by racing of motorized conveyance. Section 3.11.1 $105.00
2 Permit emission of sound caused by racing of motorized Section 3.I 1.1 $105.00
conveyance.
3 Emit sound caused by operation ofengine without muffing Section 3.11.3 $105.00
device.
4 Permit emission of sound caused by operation of engine Section 3.11.3 $105.00
without muffing device. •
5 Emit sound caused by operation of vehicle. Section 3.11.4 $105.00
6 Permit emission of sound caused by operation of vehicle. Section 3.11.4 $105.00
7 Emit sound caused by motor vehicle or equipment for Section 3.11.5 $105.00
more than 5 minutes.
8 Permit emission of sound caused by motor vehicle or Section 3.11.5 $I05.00
_equipment for more than 5 minutes.
9 Emit sound caused by horn or warning device. Section 3.11.6 $105.00
10 Permit emission of sound caused by horn or warning Section 3.11.6 $105.00
device.
11 Emit sound caused by construction equipment without Section 3.11.7 $105.00
muffling device.
12 Permit emission of sound caused by construction Section 3.11.7 $105.00
equipment without muffling device.
13 Emit sound caused by detonation of fireworks. Section 4 $105.00
Table 3-1 (1)
14 Permit emission of sound caused by detonation of Section 4 $105.00
fireworks. Table 3-1(1)
15 Emit sound caused by discharge of firearms. Section 4 $105.00
Table 3-1(2) _
16 Permit emission of sound caused by discharge of firearms. Section 4 $105.00
Table 3-1(2)
17 Emit sound caused by combustion engine. Section 4 $105.00
Table 3-1 (3)
18 Permit emission of sound caused by combustion engine. Section 4 $105.00
_Table 3-1(3)
19 Emit sound caused by loud speakers or sound equipment. Section 4 $105.00
Table 3-1(4) _
20 Permit emission of sound caused by loud speakers or Section 4 $105.00
sound equipment. Table 3-1(4)
21 Emit sound caused by signaling devices. Section 4 $105.00
Table 3.1(5)
22 Permit emission of sound caused by signaling devices. Section 4 $I05.00
Table 3-1(5)
23 Emit sound caused by motorized conveyance not on Section 4 $105.00
highway. Table 3-1(7)
24 Permit emission of sound caused by motorized conveyance Section 4 $105.00
not on highway. Table 3-1(7)
25 Emit sound caused by racing of motorized conveyance. Section 4 $105.00 .
Table 3-1(8)
26 Permit emission of sound caused by racing of motorized Section 4 $105.00
conveyance. _Table 3-1(8)
NOTE: The penalty provision for the offences indicated above is Section #9 of By-law#2001-057,a
certified copy of which By-law and its amendments thereto,have been filed.
Noise Control By-Iaw#2001-57 Municipality of Bayharn
Amended By By-law#2001.064&By-law#2003-057
STEM: COLUMN 1: COLUMN 2: COLUMN 3:
Short Form Wording Provision Creating or Set Fine
Defining Offence Includes Costs
27 Emit sound caused by release of air,steam or gas. Section 4 $105.00
Table 3-1 (9)
28 Permit emission of sound caused by release of air,steam or Section 4 $105.00
gas- Table 3-1 (9)
29 Emit sound caused by domestic animals. Section 4 $I05.00
Table 3-1(10)
30 Permit emission of sound caused by domestic animals. Section 4 $105.00
Table 3-1 (10)
31 Emit sound caused by yelling or singing. Section 4 $105.00
Table 3-1(12)
32 Permit emission of sound caused by yelling or singing. Section 4 $105.00
Table 3-1(12)
33 Emit sound for selling or advertising. Section 4 $105.00
Table 3-1(15)
34 Permit emission of sound for selling or advertising. Section 4 $105.00
Table 3-1(15)
35 Emit sound caused by loading,unloading,of materials. Section 4 $105.00
_ Table3-1 (16)
36 Permit emission of sound caused by loading,unloading of Section 4 $105.00
materials. Table 3-1 (16)
37 Emit sound caused by operation of construction equipment. Section 4 $105.00
Table 3-1(17)
38 Permit emission of sound caused by operation of Section 4 , $I05.00
construction equipment. Table 3-1(17)
39 Emit sound caused by operation of domestic tools. Section 4 $105.00
Table 3-1 (18)
40 Permit emission of sound caused by operation of domestic Section 4 $105.00
tools. Table 3-1(I8)
41 Emit sound caused by operation of bulk lift equipment. Section 4 $105.00
Table 3-1 (19)_
42 Permit emission of sound caused by operation of bulk lift Section 4 $105.00
equipment. Table 3-I(19)
NOTJ: The penalty provision for the offences indicated above is Section #9 of By-law#2001-457,a
certified copy of which By-law and its amendments thereto, have been bled.
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