THE CORPORATION OF THE MUNICIPALITY OF MACHIN

BY-LAW NUMBER 1059-96

BEING a by-law to prohibit unnecessary noise in the Municipality of Machin

and

BEING a By-law to rescind By-Law #1052-96.

WHEREAS the Municipal Act, R.S.O. 1980, Chapter 302, Section 210, Paragraph 132, provides that by-laws may be passed by Councils of local municipalities for prohibiting or regulating, within the municipality or within any defined area or areas thereof, the ringing of bells, the blowing of horns, shouting and unusual noises, or noises likely to disturb the inhabitants;

NOW THEREFORE the Council of the Corporation of the Municipality of Machin HEREBY ENACTS as follows:

1. No person shall make noise or permit noise to be made that is likely to disturb any other person within the Municipality of Machin.

2. For the purpose of this by-law and without limiting the generality of the foregoing clause, the following noises or sounds shall be deemed to be unusual noises or noises likely to disturb the inhabitants, namely:

(a) the sound or noise created by any radio, phonograph, television, musical instrument, public address system, sound equipment, loudspeaker or similar device or devices, or any musical or sound producing, sound reproducing, or sound transmitting instrument or apparatus of whatever kind when such device or instrument is played or operated in such volume as to annoy or disturb the peace, quiet, comfort or repose of any individual in any house, apartment house, hotel or any other type of residence or campgrounds;

(b) the use of loud, abusive or profane language in such a manner as to disturb the peace within the municipality;

(c) the use of truck engine brakes being a device or system that converts a power-producing engine into a power-absorbing retarding mechanism, or its equivalent, commonly referred to as a “Jake Brake” (The Jacobs Manufacturing Company), or “Dynatard Engine Brake” (Mack Trucks), or a “Brake Saver”, of a “C-Brake” (Cummins/Peterbilt Trucks), or its equivalent;

(d) persistent barking, whining or other similar persistent noise made by any domestic pet or any other animal kept or used for any purpose other than agriculture;

(e) the operation of a motor vehicle in such a way that the tires squeal;

(f) the operation of any combustion engine or pneumatic device without an effective exhaust or intake muffling device in good working order and in constant operation.

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By-Law #1059-96

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3. It shall be an offence to violate the provisions of this by-law and every person convicted of a breach of any of the provisions of this by-law shall be liable to a fine of not more than One Thousand Dollars ($1,000.00), exclusive of costs and every such fine is recoverable under the provisions of the Provincial Offences Act.

4. This by-law shall be enforced and administered by the Municipal Law Enforcement Officer of the Municipality of Machin.

5. This by-law may be referred to as “The Anti-Noise By-Law”.

6. This by-law shall come into force and take effect upon the final passing thereof.

READ a FIRST, SECOND and THIRD time, and FINALLY passed this 23rd day of October, 1996.

THE CORPORATION OF

THE MUNICIPALITY OF MACHIN

REEVE

CLERK-ADMINISTRATOR