By-law Enforcement Notes
The Municipality of Bayham recognizes that at certain times, by-law contraventions can negatively impact quality of life and disturb activities. When Municipal Law Enforcement Services becomes involved, the Municipality works toward a resolution.
When the Municipality receives a by-law complaint regarding excessive or persistent noise, especially with regard to the barking of a dog or other by-law contraventions that require continual monitoring, the process described below may be necessary:
- A notice is sent to the owner/occupant of the property where the concern is located. Sometimes, an owner/occupant may not be aware of a problem and this notice will be enough to correct the issue.
- For some investigations, at the same time a notice may be sent to the complainant. At this stage, all information with respect to the complainant (i.e. name, address) is kept strictly confidential. However, if the contravention continues to negatively impact the complainant, the Municipality may require the complainant’s involvement and cooperation to help bring closure to the matter.
- In order to gather evidence with respect to the contravention which has been brought to the Municipality’s attention, the complainant may be required to record the following information in a diary format:
- type of contravention which is disturbing (i.e. dog barking, machinery)
- how the contravention is disturbing (i.e. trying to sleep)
- the location on their property when the contravention disturbed
- visual information about the source of the contravention (observed dog barking, type of dog)
- time of day contravention disturbed
- how long the contravention disturbed
Once the complainant has the above information for at least ten occurrences within a 30 day time frame in which the contravention has disturbed them contrary to a by-law, they are requested to contact Municipal Law Enforcement to discuss possible charges being laid. Please note, that the ten occurrences must be after a formal complaint has been registered and the notices sent out; the Municipality will not proceed unless the notices have already been sent. This ensures the occupant/owner has ample opportunity to take mitigating measures.
The information collected may be entered as evidence if by-law charges are commenced. The complainant will be required to testify in court on the evidence collected in the presence of the occupant/owner of the property from which the contravention has disturbed them. The complainant may also be asked questions by the alleged violator or their legal representative with respect to the evidence collected.
The Municipality hopes this information has been of assistance to you and has clarified the Municipality of Bayham’s role in assisting citizens in resolving by-law contravention issues.
Fire Chief | By-Law Enforcement Officer