HomeMy Public PortalAbout23-063 - By-law to Amend Noise By-lawTHE CORPORATION OF THE TOWNSHIP OF LEEDS AND THE
THOUSAND ISLANDS
BY-LAW NO. 23-063
BEING A BY-LAW TO AMEND BY-LAW 22-049 BEING A BY-LAW TO
CONTROL NOISE.
WHEREAS Section 128 of the Municipal Act, 2001, S.O. 2001, c.25,
provides that a municipality may prohibit and regulate with respect to
public nuisances that are or cause public nuisances;
AND WHEREAS Section 129 of the Municipal Act, 2001, S.O. 2001 c.25,
provides that a municipality may prohibit and regulate with respect to
noise, vibration, odour, dust and outdoor illumination;
AND WHEREAS the Council of the Corporation of the Township of Leeds
and Thousand Islands deems it expedient to amend By-law 22-049 being
a by-law to regulate and control noise to add provisions to address
repeated by-law infractions and responsibilities of property owners;
NOW THEREFORE the Council of the Corporation of the Township of
Leeds and Thousand Islands hereby enacts as follows:
1. THAT Section 9 (i) and (ii) be deleted and replaced with new Section
9.1 and 9.2:
9.1 Every person who contravenes any provision of this Bylaw is
guilty of an offence and on conviction is liable to a fine as
provided for in the Provincial Offences Act R.S.O. 1990, c. P33
and to any other applicable penalties.
9.2 Each Person who contravenes any provision of this By-law or fails
to comply with an order issued in accordance with this By-law,
shall, upon issuance of a penalty notice in accordance with
Administrative Monetary Penalty By-law 22-044, be liable to pay to
the Township an administrative penalty. If a Person receives a
penalty notice in accordance with the Administrative Monetary
Penalty By-law for a contravention of the Noise By-law, the
following tiered penalty system applies:
a) for a single contravention, the Person shall be liable to pay to
the Township the tier one (1) administrative penalty in the
amount for that contravention as established by Schedule C to
the Administrative Monetary Penalty By-law.
b) if the Person receives a second penalty notice for a
contravention of the Noise By-law within twelve (12) months
from the date of the penalty notice containing a tier one (1)
administrative penalty amount, the Person shall be liable to
pay to the Township a tier two (2) administrative penalty
amount for that contravention in the amount of the tier one (1)
penalty plus $100.
c) if the Person receives a third penalty notice for a contravention
of the Noise By-law within twelve (12) months from the date of
the penalty notice containing a tier two (2) administrative
penalty amount, the Person shall be liable to pay to the
Township a tier three (3) administrative penalty amount for that
contravention in the amount of the tier two (2) penalty plus an
additional $150.
d) If the Person receives any subsequent penalty notices for
further contravention of the Noise By-law within twelve (12)
months from the date of the penalty notice containing a tier
three (3) administrative penalty amount, the Person shall be
liable to pay to the Township a tier three (3) administrative
penalty amount for that offence.
2. AND THAT the following new Section 10 be added to the by-law:
10. RESPONSIBILTY OF PROPERTY OWNER
Every owner of property and every officer or director of a
corporation that owns property within the Township of Leeds and
the Thousand Islands has a duty to take all reasonable care to
prevent occupants and users of their property from breaching the
provisions of this By-law;
a) Every person who has a duty under this section and who fails
to carry out that duty is guilty of an offence.
b) A director or officer of a corporation is liable to a conviction
under this section whether or not the corporation has been
prosecuted or convicted.
3. AND THAT the remaining sections of the by-law be renumbered
accordingly.
4. EFFECTIVE DATE
This by-law shall come into force and take effect on the date of its
passing.
READ A FIRST AND SECOND TIME THIS 10TH DAY OF OCTOBER, 2023.
READ A THIRD TIME AND FINALLY PASSED THIS 10TH DAY OF
OCTOBER, 2023.
The Corporation of the Township of Leeds and ^/Thgusan,d Islands
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Terry Pbdey, Deputy Mayor
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Megarji Shannon, Clerk