Nuisances

 

Legal Frame

The nuisance and safety regulation number 770 (available in French only) defines the different types of nuisances and the measures that can be taken by the competent authority (any officer of the Police Department of the City of Montreal (SPVM) and any person designated by resolution of the City council) in case of infraction.

Where there are reasonable grounds to believe that an offense has been committed, the competent authority is authorized to carry out any inspection necessary to ensure the application of this regulation. It is also authorized to issue a statement of offense.

 

Provisions relating to nuisances

Constitutes a nuisance and is prohibited the fact for the owner or the occupant of a building to leave on his ground:

  • a non-registered road vehicle for the current year and out of order
  • an off-road vehicle for the repair, disassembly or modification of such a vehicle
  • residual materials other than in accordance with the Residual Materials Management Regulation
  • scrap, waste, paper, empty bottles, building materials, foul-smelling substances or furniture or appliances intended for indoor use
  • a pile-up or accumulation of branches, brush, weeds, plant residues, earth, clay, stones, stumps, tree trimmings or shrubs otherwise than in accordance with the management regulations residual materials
  • wild vegetation or turf whose height is more than twenty centimeters (20 cm)
  • vegetation, including branches, that exceeds the lot line to create a hazard to human safety
  • dead branches or trees
  • an open and not fenced excavation or foundation of than 2 meters (6.6 ') deep
  • stagnant, putrid, dirty or contaminated water
  • a hole or beard so that it can collect stagnant, putrid or contaminated waste water or in such a way as to endanger the health or safety of persons

Constitutes a nuisance and is prohibited to any person:

  • depositing or disposing of residual materials, furniture, appliances, building materials, plant residues or any similar material on a vacant lot
  • tolerate or leave graffiti or marks on the unit of occupation
  • burning wood, paper, rubbish, leaves, filth, electrical wire or any other material on the outside
  • the emission of sparks, escarbils or dense smoke from a chimney or any other source
  • the use of any solid burning appliance or hearth between June 1 and September 1
  • to erect an electrified fence or sharp fence representing a danger to the safety of persons

Constitutes a nuisance and is prohibited to anyone:

  • to make or allow to make, on a public or private property, any noise likely to disturb the peace and tranquility of the neighborhood, particularly between 11 pm and 7 am
  • use or permit the use, without the authorization of the municipal council, of a portable or fixed loudspeaker, a microphone, an amplifier, a radio, a television, a telephone or other mobile device capable of reproducing sounds inside or outside its building or on the public domain, so as to create an excessive noise likely to disturb the peace and tranquility of the neighborhood
  • to make or allow the sound of bells, chimes, whistles, musical instruments or other excessive noises, with the exception of those of a church, likely to disturb the peace and tranquility of the neighborhood
  • to proceed with the construction, modification, repair or demolition of a building, the delivery of materials or the execution outside of work by means of a noisy tool:
    • before 07 am and after 8 pm, Monday to Friday
    • before 10 am and after 6 pm, on Saturdays, Sundays and public holidays
  • do exterior landscaping or use a lawnmower, trimmer, power shears, leaf blower or any other similar appliance:
    • before 07 am and after 8 pm, Monday to Friday
    • before 10 am and after 6 pm, on Saturdays, Sundays and public holidays

Constitutes a nuisance and is prohibited to any owner or occupant of a building:

  • to project light directly outside the boundaries of his land
  • use a projector that produces a light of a color or intensity likely to disturb the peace of the neighborhood without the authorization of the municipal council
  • install, use and maintain any sign or light signal that may be disregarded as road signs, which may be detrimental to traffic or constitute a danger to the safety of persons.

Constitutes a nuisance and is prohibited:

  • the display of flags, banners and signs on any public road or public square without obtaining a permit granted under a municipal by-law
  • the installation of signs, posters or stickers on trees, fences or other similar places, without obtaining a permit granted under a municipal by-law

Constitutes a nuisance and is prohibited to the owner or guardian of a domestic animal:

  • to walk their animal without a leash on any public road, public place or any similar place
  • to allow excessive barking or screaming of their animal to disturb the peace and tranquility of the neighborhood
  • not to clean by all appropriate means the faeces of their animal
  • to allow their pet to defecate where appropriate signage forbids it
  • to capture, feed or pose any act intended to provide shelter to a wild mammal

Constitutes a nuisance and is prohibited the action of:

  • defiling the public domain. Anyone who defiles the public domain must clean it if required by the competent authority. Cleaning must be done immediately or within the time allowed for that purpose; failing this, the offender becomes liable to the City for the cost of the cleaning done by him, in addition to any other penalty.
  • urinating or defecating anywhere other than in a place specifically designed for that purpose
  • discarding or disposing of ashes, paper, newspapers, circulars, residual materials, mud, earth, sand, rocks, gravel, cement or any other similar material, on a public road, a public square, a sidewalk, a watercourse, a ditch or any other private lot
  • spreading or dropping, by road vehicle, any of the subjects listed in the preceding paragraph on a public road, public square, sidewalk, watercourse or ditch
  • spilling, allowing to be dumped or allowing any dirty, corroded or mixed water to be dumped into any harmful substances, petroleum or chemical products or any other product of a foul, flammable, dangerous or harmful nature, a ditch, a sewer, on a public road or public square
  • spreading on a public road or public place sand, earth, stone or other similar material when transporting such material
  • depositing or leaving snow or ice on a public road, public square, sidewalk, watercourse or private property with or without the owner's permission
  • discarding, removing or disposing of grass or other plant residues on a public road, public square, sidewalk, watercourse, ditch, sewer or sump
  • obstructing a public road, public square, sidewalk, watercourse or ditch without first obtaining an authorization in accordance with the by-law in force. In addition to any other penalty, the City will proceed to the removal of any obstacle on the public domain at the expense of the offender
  • breaking, altering, moving, relocating, painting or marking any public sign, traffic sign, light fixture, bollard, public fence or any other street furniture. In addition to any other penalty, the City will claim the amount of property damage it will have suffered from the offender
  • pruning, cutting, pruning or damaging a tree, shrub, plant or flower that is in the public domain
  • selling objects or food on the sidewalk, public road and public square, without the authorization of the municipal council
  • wandering and begging for the purpose of receiving alms or charity on the sidewalk, public road and public place
 

Fines for Offenders

Anyone who contravenes, consents to or permits the commission of an offense, is liable to the following fine (fees not included):

   PHYSICAL PERSONMORAL PERSON
  Minimum  Maximum  Minimum  Maximum
First infraction  100 $  1 000 $  200 $  2 000 $
Recidivism 2 000 $   4 000 $