Law Talk: Know the law before you throw it down

When we think of back to school days, we think of mixers. Barbecues. Backyard parties. Pub crawls.

Thousand-dollar fines?

As of July 1, 2009, the City of London's Noise By-law has changed, and it's virtually guaranteed to have a major impact on your party plans. These changes were made in direct response to citizen complaints about student parties, outdoor patios at downtown venues, and outdoor music events or festivals. They call for increased fines, expanded enforcement by non-police officers, and broader range of 24-hour restrictions.

Since ignorance of the law is no excuse when you open your door to a pair of London's finest, consider this your primer on how to behave this fall.

The new by-law prohibits any form of unreasonable noise that is a nuisance to others. Take a moment right now to think about what this might mean: Any form of unreasonable noise that can be called a nuisance to others could be caught by this new by-law. Residents could be cited for stereos and televisions, barking dogs, air conditioners, and even whistling and singing.

If you think “any form of unreasonable noise” is broad, consider this: Any noise which can be heard from a “point of reception,” meaning any area outside of the premises from where the noise originates, may violate the by-law. This means that if anyone standing outside of a house or apartment can hear noise coming from the premises, it is audible from a point of reception. If that person thinks of the noise as a “nuisance,” the noise is caught by this by-law.

The majority of the noise restrictions apply 24 hours a day, and are subject to no defined upper limit measurable in decibels for how loud the noise must be before it is caught by the by-law.

Here are a few annoying sounds now subject to 24/7 restrictions:

- Music from vehicles audible at least 8m from the vehicle

- Sounds from a drum, horn, bell, or loud speaker audible at a point of reception

- Shouting, yelling, loud hooting, loud whistling or loud singing audible at a point of reception

- Noise from television, speakers, or amplifiers audible at a point of reception

The by-law included an exception for the University of Western Ontario Welcome Week. This only applied to events held on campus. That meant that your audible fun had to stop the moment you left an official Welcome Week event. This also means that your pre-drink event is subject to the by-law.

For other events, organizers can apply for a Temporary Noise Permit. The permit allows for noise up to 90 decibels beyond at least 30m from the source of the amplified sound, and limited to the hours of 9 a.m. at the earliest and to 11 p.m. at the latest. Breaching your permit renders it null and void, and organizers may be liable for the breach.

These new provisions will be enforced. City municipal law enforcement officers will be on patrol in addition to police, issuing tickets and increasing supervision in residential areas around the University, Fanshawe College and Richmond Row. The municipal officers will handle regular nuisance complaints, while any incidents with threats of violence remain the responsibility of the police.

The police or enforcement officer may issue an Order to Discontinue Activity. The order may be issued to the people who allowed the noise to occur, or to the owner of the land. This means you are responsible for the drunken shouting of your party guests. A fee for inspection by an officer may be imposed on the owner, person responsible for the noise or sound, or temporary noise permit holder.

A violation of the by-law is a provincial offence punishable by a ticket and a fine. As of July 1, 2009, these fines have gone up. The fine for a first-time offender runs from $175 to a maximum fine of $5,000. However, individuals with a second conviction face a much steeper penalty, from a minimum of $500 to a maximum of $10,000.

As a general guideline, any kind of noise that can be heard from outside your place and disturbs others may violate the by-law. Everyday noises such as slamming car doors, honking horns, and even whistling can constitute a nuisance if they are repeated over time.

If you're planning on having a party, talk to your neighbours first. Good, respectful relations with neighbours — which include informing them in advance of any parties — can keep any potential noise complaints to a minimum. You should also remember that there will be increased enforcement from City by-law officers, as well as a stepped-up police presence during the fall period.

This column provides legal information only and is produced by the students of Community Legal Services and Pro Bono Students Canada (UWO). If you need legal advice please contact a lawyer, community legal clinic or the Lawyer Referral Service at 1-900-565-4LRS (a $6.00 charge will apply). You can contact Community Legal Services at 519-661-3352 to book an appointment to discuss your legal issue or mediation services. Fanshawe College students may also book an appointment to attend our outreach clinic at the college. Please call us at 519-661-3352 with any inquires or to book an appointment.