Noise that disturbs residents’ peace or comfort could now carry a $500 fine in Niagara-on-the-Lake.
Council unanimously approved an amendment to the town’s noise bylaw Tuesday, adding a fine to an existing rule covering sound or vibration.
The rule prohibits anyone from making or allowing sound or vibration at any time that is likely to disturb the quiet, peace, rest, enjoyment, comfort or convenience of people in the community. It has been part of the town’s noise bylaw since 2012.
Administrative penalties for noise violations were added in 2021, but that part (section 3) was left out.
Town staff say the change will give bylaw officers clearer authority to respond to complaints, since the general noise rule did not previously carry an administrative penalty.
Enforcement will remain complaint-based and education-first when feasible and reasonable.
During discussion, Coun. Gary Burroughs raised concerns about how effective the new penalty would be without weekend enforcement.
“We have no ability to enforce any of our bylaws on weekends,” Burroughs said. He also referenced noise-monitoring equipment tested under a former chief administrative officer, noting other municipalities have found similar tools useful.
Chief administrative officer Nick Ruller said staff reviewed that equipment and determined it was not suitable for use in NOTL.
“They did not find it to be effective,” Ruller said, adding the equipment “wasn’t a viable option.”
Manager of enforcement Gerald Spencer said the amendment closes a gap left when the town adopted administrative penalties years ago.
“This new provision that we’re asking council to adopt is already a bylaw that’s currently in place,” Spencer said.
He explained the general noise prohibition had been missing from the administrative penalty framework, limiting enforcement options.
“This, in effect, will probably address your concerns in terms of enforcement,” Spencer told Burroughs.
“Because staff can immediately enforce section 3 of the bylaw council has currently adopted — and that’s outside of utilizing any equipment that might be necessary in order to do that.”
He said he has used the specialized equipment that Burroughs spoke of — which Spencer said has “proved to be scrutinized highly in terms of prosecution.”
When Burroughs noted that administrative penalties require a bylaw officer to be present — something the town lacks on weekends — Spencer said staffing schedules could be revisited if enforcement becomes an issue.
“If that’s a concern, we can look at this schedule and revisit the schedule,” he said.
