HomeMy WebLinkAbout21 105 Noise Control By-law Amendment (1) By-lawTHE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
BY-LAW
NO. 2021 - 105
BEING A BY-LAW TO AMEND BY-LAW NO. 2008-076; BEING A BY-LAW TO
CONTROL NOISE WITHIN THE MUNICIPALITY OF KINCARDINE
WHEREAS pursuant to the said Municipal Act, Section 8 (1) and 9 provide that
the powers of a municipality under this or any other Act shall be interpreted
broadly so as to confer broad authority on the municipality to enable the
municipality to govern its affairs as it considers appropriate and to enhance the
municipality’s ability to respond to municipal issues and has the capacity, rights,
powers and privileges of a natural person for the purpose of exercising its
authority under this or any other Act;
AND WHEREAS Section 129(1) of the Municipal Act, 2001, S.O. 2001, c. 25 as
amended, provides that a local municipality may prohibit and regulate with respect
to noise;
AND WHEREAS the Council of the Corporation of the Municipality of Kincardine
passed By-law No. 2008-076, the Noise Control By-Law on May 14, 2008;
AND WHEREAS the Council deems it necessary to amend By-law No. 2008-076
to include additional enforcement;
NOW THEREFORE the Council of The Corporation of the Municipality of
Kincardine ENACTS as follows:
1. That By-law No. 2008-076, Noise Control By-law be amended as follows:
i. That Section 1 be amended to include the following definition as 1.1
and all other numbers in Section 1 being amended accordingly:
“By-law Enforcement Officer – means a commissionaire, assistant or
any other officer or civilian person engaged by the South Bruce O.P.P
and/or appointed by the Municipality of Kincardine to enforce or carry
out the provisions of this by-law or any part or parts thereof.
ii. That Section 8.0 be repealed and replaced with:
8. PENALTIES/ENFORCEMENT
8.1 All provisions of this by-law may be enforced by a By-law
Enforcement Officer of The Corporation of the Municipality of
Kincardine.
8.2 Every person(s) who violates a provision of this by-law is guilty
of an offence and subject to penalties as prescribed in the
Provincial Offences Act, R.S.O. 1990, c. P33, as amended.
2. This by-law shall come into full force and effect upon its final passage.
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Noise Control Amendment (1) By-law
By- law No. 2021 - 105
3. This by-law may be cited as the “Noise Control By-law Amendment (1) By-
law”.
READ a FIRST and SECOND TIME this 14th day of June, 2021.
READ a THIRD TIME and FINALLY PASSED this 14th day of June, 2021.
Mayor Clerk