Dealing with your neighbours’ St. Paddy’s party
With St. Patrick’s Day and better weather (we hope is) arriving, it’s likely that you or someone you know is going to have a party or two before the end of term. Make sure that your party doesn’t end due to a noise complaint at best and legal repercussions at worst. Here is some helpful information on the legalities surrounding noise complaints in Guelph.
Noise complaints are the domain of municipalities, so the bylaws in place when you’re living in Guelph for school may vary from those back home. In Guelph this is bylaw number 2000-16366. This sets out the restrictions on what types of noises are prohibited, when they are prohibited, and the possible exceptions. The penalty for violations under this bylaw is a fine of up to $5,000, according to the Provincial Offences Act, R.S.O. 1990, c. P.33, s. 61.
The City of Guelph also has a separate bylaw regarding Nuisance Parties, which is known as bylaw 2013-19557. This bylaw defines a Nuisance Party as “a gathering on Premises which, by reason of the conduct of the persons in attendance, results in any one or more of the following activities occurring,” and goes on to list the various scenarios, such as:
- public drunkenness
- damage to property
- unreasonable noise
- public urination
If you are charged under the Nuisance Parties Bylaw the possible fine is more severe, up to $10,000, and any subsequent conviction could yield a fine of up to $25,000.
In and of itself there are no legal ramifications for receiving a noise complaint, you just might find yourself with unhappy neighbours. If the conduct giving rise to the noise complaint is especially egregious then you certainly could find yourself on the receiving end of a fine. Chances are, if you receive a noise complaint and are contrite and reduce the noise then no further action will be taken.
However, if the noise is persistent then legal action can be initiated under the tort of nuisance. One loud party is not enough to justify legal action for nuisance, but if there is ongoing noise and it results in harm then you could be held liable for damages. There is a 2009 B.C. Supreme Court case (Suzuki v. Monroe, 2009 BCSC 1403) where the Suzukis successfully sued Monroe for damages totaling $6,000 and injunctive relief relating to the noise from an air conditioning unit Monroe had installed (they were next door neighbours).
On the other hand, if you need to make a noise complaint you can call the Guelph Police Service non-emergency number 519-824-1212.
Do you have a question for Cailen? Email him at info@swainparalegal.com and remember to put The Ontarion in the subject line.
Photo obtained via Unsplash