Article 1- The following shall constitute a nuisance and are hereby prohibited, to wit :

Cleanliness of property

a) The presence on a lot of branches, wild brush, weeds, scrap-iron, rubbish, paper, noxious or objectionable weeds, empty bottles or any waste matter.

Noise

b) Any noise or sound caused by bells, chimes, whistles, machinery, tools, apparatus, musical instruments, loudspeakers, animals, or other things audible at a distance of more than one hundred (100) feet between 9:00 o'clock at night and 7:00 o'clock in the morning.

Noise produced by air-conditioning and heating mechanical equipment, filter or a pump

ba) Any noise produced by an air-conditioning and heating mechanical equipment, a filter or a pump, the intensity of which, at any limit of the property where it is located, exceeds 50 decibels measured on the A weighted scale with slow response, using a sound level meter placed at 1.5 meter from the ground.

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By-law 1495-14, article 1, adopted May 6th, 1996

Animals

c) To keep, feed or attract pidgeons, seagulls, squirrels, racoons or any other wild animals on its property or on anyone's property whenever this activity is a cause of inconvenience to the neighbors.

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By-law 1495-13, article 1, adopted November 6, 1995

c.1) To keep more than three (3) cats in a dwelling and on the property where such dwelling is located. However, in the event that a female cat gives birth to a litter of kittens, such kittens may be kept for a period not to exceed three (3) months.

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By-law 1495-18, article 1, adopted on August 20, 2001

Use of warning devices

d) To use any klaxon or other warning instruments on a vehicle, except in cases where the use thereof is absolutely necessary.

Illumination

e) To allow direct illumination to fall outside of the boundaries of the property on which it originates.

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By-law 1495-14, article 2, May 6th, 1996

Signs

f) To erect, maintain or tolerate any sign or signal, whether luminous or not, capable of being mistaken for a traffic signal or capable of disturbing traffic or of constituting a danger for vehicular traffic.

Dangerous fences

g) To build, erect or maintain an electrified, barbed wire or other kind of fence which constitutes a danger for persons.

Damaging public property

h) To break, alter, remove or relocate a sign, traffic signal, borne or fence installed under the authority of the City.

Dangerous toys

i) To use any toy such as sling shots, pea shooters or other similar devices designed to throw objects.

Dangerous games

j) To pull or draw any person on skis (skijumping), bicycles, sleighs or other vehicle with any motor vehicle and to allow oneself to be so pulled or drawn or to ride behind or on the side of any motor vehicle.

Bulk transportation

k) To cart, carry or convey within the City any waste matter, filth, dirt, dust, earth, stone, sand, cement or other substance in bulk with a vehicle that is not enclosed or covered with a securely fastened tarpaulin, or in the process of such carting, carrying or conveying, whether the vehicle be enclosed or not, or covered with a tarpaulin or not, to allow any part of the substance carted, carried or conveyed to drop or fall from the vehicle.

Vehicles on sidewalks

l) To use any motor vehicle, including motorcycles, motorscooters or ski-doos, or any bicycle in public parks or on the sidewalks.

Noxious industries

m) To use any immovable property or part thereof to collect, store, manufacture, transform or process rags, waste textiles, waste matters, refuse or rubbish, except as permitted by the applicable zoning by-laws.

Fire in public places

n) To light and maintain bonfires in public parks, on the sidewalks or on the streets or outside of a building otherwise than in a metal stove or in a barbecue.

Garbage

o) To keep refuse or rubbish outside of any building otherwise than in a solid and tightly closed container arranged in such a manner as not to draw flies or venom or cause foul smells.

Games on public places

p) To play any games or amusements on the streets, alleys, sidewalks or public places.

Obstructing public property

q) To throw or deposit ashes, paper, refuse, dirt, garbage, snow, ice or any other obstruction in any street, alley, yard, public ground or square or municipal water stream or to throw or deposit snow or ice within five feet of a fire hydrant or in such a manner as to prevent vehicular access from the public streets to private driveways, except in the process of snow clearing by employees of the City or contractors employed by the City.

qa) As owner, tenant or occupant of any land or lot, to allow or tolerate snow or ice thereon to be thrown, pushed or deposited in any street, sidewalk, alley, yard, public ground or square or municipal water stream, or within five (5) feet of a fire hydrant.

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By-law 1495-5, article 1, adopted December 13, 1971

qb) By graffiti or otherwise, to soil a public property.

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By-law 1495-15, article 1, adopted July 7, 1997

Disorderly meetings

r) To hold meetings, gatherings, reunions, shows or brutal or disorderly amusements in the streets, parks or public places of the City.

Encroachments upon public property

s) To encroach with any structure in, upon or over, or to obstruct, streets, alleys, avenues, bridges, culverts, public grounds and public places, pavements sidewalks, municipal streams and municipal waters, the City Engineer and the Director of Police being hereby authorized to remove such encroachments or any other responsible for such encroachments or obstruction, the whole at the cost of the responsible party.

Distribution of literature

t) To exhibit, bear, carry or distribute banners, placards, advertisements or handbills or other articles in, near or upon streets, alleys, sidewalks or public places.

u) To distribute circulars, advertisements, prospectus or other similar printed matters on the streets, avenues, lanes, sidewalks, public lanes and places as well as in private dwellings.

Use of streets

v) To fly a flag, banner or sign across the streets, alleys and public places.

Protection of trees

w) To cut, damage or deface trees in the streets, lanes, parks and public places of the City.

Itinerant restaurants

x) To operate itinerant restaurants where food prepared therein is sold, or itinerant canteens selling food not prepared in such canteens, in location other than construction sites or industrial establishments.

Use of musical instruments in public places

y) To use hand organs or other musical instrument in any or all the streets and public places of the City.

Trade on streets

z) To sell anything whatsoever in the streets or public places of the City.

Begging

aa) To beg within the limits of the City without a permit issued by the Director of Police.

Use of arms

bb) To use any rifle, shotgun, pistol or other firearm or any arm using compressed air, compressed gas or springs, except for target shooting in a location especially approved for that purpose by the Director of Police.

Representation

cc) To hold any circus, theatrical representation, show or other public representation outside a building unless a permit has been issued for the purpose by the Director of Police.

Disturbing religious worship

dd) To disturb any congregation assembled for religious worship.

Inoperative motor vehicles

ee) The fact for the owner, lessee or occupant of a vacant or partly built lot or land to leave upon such lot or land a motor vehicle built more than seven (7) years previously, having no markers for the current year and in such a condition that it cannot be driven.

The fact for anyone to place or abandon on a vacant or partly built lot or on land, whether such lot or land belongs to such person or to someone else, a motor vehicle built more than seven (7) years previously, having no markers for the current year and in such a condition that it cannot be driven.

For the purposes of this paragraph, the words “ motor vehicle ” mean any vehicle within the meaning of the Highway Code (1977, S.R.Q., ch. C-24).

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By-law 1495-9, article 1, adopted February 15, 1982

Use of doorbells

ff) To use without lawful cause a doorbell or any other means of calling occupants of any building.

Throwing projectiles

gg) To fling or throw without lawful cause stones or other projectiles.

False alarms

hh) To ring without lawful causes a fire alarm or to call without lawful cause upon the Police.

Disturbing roadwork warning devices

ii) To disturb, shut off or remove barricades or warning devices placed in the streets or lanes as a warning of danger.

Parade and processions

jj) To organize, lead or take part in a parade or procession on any public property without having previously obtained from the Director of Police, upon a written request which must be in hands of such director at least forty-eight (48) hours from the event, a permit to do so.

Protest meetings

kk) To hold without lawful cause, on any public or private property, any protest meeting, picketing or sit-in or to occupy without lawful cause any public or private property.

Persons found prowling or loitering

ll) While being drunk or under the influence of narcotics, to bother passers-by or users of a park, a street, a sidewalk or other public place.

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By-law 1495-19, article 1, adopted July 2nd, 2002

mm) To hamper or to hinder with the free movement of persons in any locations accessible to the public notably, by strolling, by standing still or by forming a crowd with other persons.

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By-law 1495-17, article 1, adopted March 1st, 1999

Leg traps

nn) To use or allow the use of a leg-trap to catch animals.

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By-law 1495-3, article 1, adopted July 7, 1995

oo) Perambulating with bare feet in a municipal building except swimming pools and park chalets.

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By-law 1495-6, article 1, adopted December 6, 1976

To be in possession of an alcoholic beverage in a public park

pp) Except if otherwise permitted, to drink alcoholic beverages in a street, a public place, a park or in any other location where the public is admitted, with the exception of these locations for which a permit has been issued in accordance with the law.

Furthermore, whenever the consumption of alcoholic beverages is permitted in a street, a park or a public place, it shall be prohibited for any person to consume such alcoholic beverages otherwise than from a cardboard or plastic container.

Shall constitute a nuisance and is therefore prohibited, to bring alcoholic beverages on a street, a park or other public place with the intention of consuming same in such premises.

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By-law 1495-19, article 1, adopted July 2nd, 2002 and By-Law 1495-21, adopted February 11, 2004.

Snow removal markers

qq)  To erect or maintain, by a snow removal entrepreneur, a snow removal marker on a public or private property during the period extending from April 15 to October 24.

By-law 1495-24, article 1, adopted April 6, 2010.

Article 1.1- In the case contemplated in paragraph pp) of article 1, anyone requesting from municipal Council the adoption of a resolution suspending the prohibition, must deposit with his request the sum of $250.00 to guarantee that the area contemplated by the resolution shall be cleared, to the satisfaction of the director of the Public Works department of the City, of all remains resulting from the use of alcoholic beverages. If the area is not cleared of such remains within twelve (12) hours of the period determined by the resolution, this operation may be carried out by the City at the petitioner's expense; as the case may be, the balance of the deposit shall be returned to the petitioner or shall pay to the City the cost of the operation less his deposit.

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By-law 1495-11, article 2, adopted September 21, 1987

Article 1.2- Sub-paragraph b) of article 1 does not apply to snow removal operations.

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By-law 1495-1, article 1, adopted May 7, 1973

Article 1.3- Sub-paragraphs b), l) and s) of article 1 do not apply to public works carried out for the City by private contractors.

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By-law 1495-1, article 1, adopted May 7, 1973

Article 2- Shall be guilty of creating, constituting or suffering a nuisance:

Disturbing the peace

a) Whoever shall in any manner whatsoever disturb the peace without lawful cause.

Indecent exposure

b) Whoever shall expose to view by the public anything indecent or obscene.

Damaging property

c) Whoever shall willingly, without lawful cause, damage or deface public or private property or trouble any person in the lawful enjoyment of his rights, either personal or public.

Carrying arms

d) Whoever shall be found in any street or public place having upon his person or carrying without lawful cause any firearm of any description, any sword, knife or similar arm or any offensive weapon whatsoever.

Disturbing street lighting

e) Whoever shall extinguish without cause any lamp placed in a street for the purpose of lighting the same.

Annoying the public

f) Whoever shall satisfy any natural want in any street or public lane.

Annoying residents

g) Whoever shall attach or place upon any part of any building whatsoever, or upon a wall of enclosure or fence, anything whatsoever of a filthy or disgusting nature.

Disturbing a procession

h) Whoever shall interrupt, hinder, pass through or disturb the order of any lawful funeral or other procession.

Tumultuous assembly

i) Whoever shall cause or make any tumult, noise, disorder or disturbance or shall form part of any tumultuous assembly, in any house, building or place, enclosed or unenclosed, within the limits of the City.

Disturbing a representation

j) Whoever shall disturb the order of any public representation, exhibition or lecture.

Creating a gathering

k) Whoever shall wilfully, without lawful cause, cause any noise or do anything of a nature to cause people to assemble in any street.

Use of loudspeakers

l) Whoever shall use loudspeakers installed at the exterior of any immovable or on any vehicle without having previously obtained the authorization of the Director of Police.

Projection of noise outside of premises

m) Whoever, being the owner or occupant of a dwelling, of a place of business or of accessories thereto, causes or tolerates noise within said premises which are audible outside of said premises.

Article 3- Responsibility of the owner

The proprietor or occupant of any lot or land built upon or vacant, having stagnant and filthy water upon it, or noxious or objectionable weeds or rubbish not placed in closed containers, or discarded or inoperative motor vehicles, or that is in such condition as to be dangerous to the public health or on which excavation have been made during the erection of any building or for any purposes and are a danger for public security in the opinion of the City Engineer, or the agent of the proprietor, or any person having charge thereof, in the absence of the proprietor, shall cause such stagnant and filthy water to be drained, such weeds to be cut and removed, such rubbish or such discharged or inoperative motor vehicles to be removed or such lot to be filled up and properly levelled and shall take such other means as may be prescribed by the City Engineer to put said property in a sanitary and safe condition.

Article 3A- The proprietor or occupant of any lot or land built upon or vacant, having dead trees, which are, in the opinion of the Director of Parks and Recreation department, dangerous for public security, shall have such trees cut and removed within the delay stipulated by the Director of Parks and Recreation department, in the written notice forwarded to the proprietor or occupant; such delay shall not be less than eight (8( days and not more than twenty-one days.

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By-law 1495-4, article 1, adopted February 1, 1971

By-law 1495-11, article 3, adopted September 21, 1987

Upon default of the proprietor or occupant to comply with the notice, the trees may be removed by the City, at the expenses of the said proprietor or occupant.

Article 4- Works carried by the City

In case the owner of such lot cannot be found and there be not person in occupancy thereof, and no one to represent the proprietor, or should such proprietor or occupant or other person in charge thereof refuse or neglect to drain, cleanse, fill up or level same or remove such noxious objectionable or any other nuisance, after a twenty-four (24) hour written notice from the City Engineer, or should be unable for want of means, to cleanse, fill up or level such lot or remove such weeds, rubbish or motor vehicles therefrom, it shall be the duty of the said officer, after due notice as aforesaid, to cause the said work to be done; and the amount so expended shall constitute a lien on the said lot and shall be recoverable in the same manner as a special tax thereon.

Article 4.1- Shall constitute a nuisance and shall be prohibited the fact, for any person, to write graffiti or tags or to make marks on any building located on private property.

Article 4.2- Shall constitute a nuisance and shall be prohibited the fact, for any person, to write graffiti or tags or to make marks on any building located on public property, on such property itself or on any object being an urban equipment element.

    4.2.1 - Shall constitute a nuisance and shall be prohibited the fact for the proprietor or the administrator of an apartment building or for the proprietor or the administrator of a commercial or industrial establishment to tolerate or leave graffiti or marks on the building between May 1st and November 1st.

By-law 1495-23, article 1, adopted 22 April 2009.

Article 4.3- Any and all expenses made by the City after an offence to any of the provisions of sections 4.1 and 4.2 has been committed, namely in order to remove something, a graffiti, tag, or other mark, to clean or to put in its former condition a roadway, sidewalk, private or public building or any other part of public or private property or to restore or to repair them, including care to damaged trees or other plants, as well as the replacement or repairing costs.

Article 4.3 was repealed (CA-1495-22) on August 11, 2004.

Article 4.4- Any authorized City representative may give an order to anyone contravening to any of the provisions contemplated in sections 4.1, 4.2, or 4.2.1 to remove the graffiti, tag or mark, within ten (10) days following the reception, through certified mail, of a written copy of said order.

By-law 1495-23, article 2, adopted 22 April 2009.

Should the offender not comply with such order given by an authorized City representative, the Ville de Montréal may do away with such graffiti, tag or mark and put the property, private or public buildings, other part of public property or other urban equipment element, back to its previous condition, at the offender's expense.

Neglecting or refusing to comply with an order given in accordance with the first paragraph shall constitute an infraction and shall make the offender liable, in addition to costs contemplated in the second paragraph, to the fine which is prescribed under section 5, and costs.

Article 4.5- For the purposes contemplated in sections 4.1 to 4.4, the following terms and expressions shall mean or designate:

1- Public property: Streets, alleys and public places, including sidewalks, median malls, staircases, tunnels, on-street and off-street cycle paths, piece of water or stream as well as parks and green areas.

2- Urban equipment: Trees, shrubs, benches, newspaper boxes, public utilities junction boxes, mailboxes, bollards, fire hydrants, geodesic markers, bench marks, phone booths, cables, valve chambers, fences, conduits, fountains, sewer and manhole covers, lamp standards, monuments, walls, low walls, road signs, poles, garbage bins, catch basins, access pits, container for recyclable matters, manholes, street lamps, pipes, vaults and any other similar object, put in place because its useful or decorative purpose, either put up y the City or by third parties for their purposes.

3- City authorized representative: Any member of the “ Ville de Montréal ” Police department as well as any officer or employee assigned to work with the borough of Pointe-Claire of the Ville de Montréal.

Article 5- Penalty

Any offence under any provision of this by-law shall be sanctioned by a fine.

The minimum and maximum fines shall be set at $50 and $100 respectively, plus costs.

Article 5.1-  Notwithstanding the section 5, whoever shall contravene to the provisions of the paragraph 1c.1) or suffer or permit such contravention, shall be guilty of an infraction and liable to a fine.  The said fine shall not be less than $50.00, nor shall it exceed $300.00 plus costs, in case of a repeated infraction.  The minimum fine shall not be less than $100.00 for every such infraction.

     5.1.1  Notwithstanding article 5, anyone contravening a provision of this by-law or tolerating or permitting such a contravention commits an infraction of absolute liability and is liable to the following fine:

a)     For the first infraction:  A minimum of TWO HUNDRED AND FIFTY DOLLARS ($250.00) and a maximum of ONE THOUSAND DOLLARS ($1,000.00) if the offender is a physical person or a minimum of FIVE HUNDRED DOLLARS ($500.00) and a maximum of TWO THOUSAND DOLLARS ($2,000.00) if the offender is a moral person.

b)     For a subsequent infraction:  A minimum of FIVE HUNDRED DOLLARS ($500.00) and a maximum of TWO THOUSAND DOLLARS ($2,000.00) if the offender is a physical person or a minimum of ONE THOUSAND DOLLARS ($1,000.00) and a maximum of FOUR THOUSAND DOLLARS ($4,000.00) if the offender is a moral person.

By-law 1495-23, article 3, adopted 22 April 2009.

Article 6- Enforcement of by-law

The officers and policemen of the Montreal Urban Community Police Department as well as the officers and employees of the City designated for this purpose are responsible for the enforcement of this by-law. They may visit and examine all moveable and immovable property, and also the interior and exterior of any house, building and edifice whatsoever, to ascertain if the provisions of this by-law are executed in respect thereof; the owners or occupants of such property, buildings and edifices must admit such persons.

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By-law 1495-12, article 2, adopted June 3rd, 1991

Article 7- Abrogations

By-laws 22, 54, 248, 301, 326, 422, 679, 697, 1192 and 1193 are hereby repealed.

Article 8- Coming into force

The present by-law shall come into force according to the law.