Being caught afterwards | Page 4 | GTAMotorcycle.com

Being caught afterwards

bitzz

Well-known member
"right to face your accuser"

Bitzz, that's kind of what I figured, but I couldn't find it explicitly referred to in a quick search. My concern when I was looking for it was related to bylaw stuff....
I was told, by a by-law enforcement officer and the chief of licensing in Mississauga Jamie Swinton, that by-law tickets need a complaint, some one has to complain, which means a by-law officer or a cop can't just hand you a noise ticket, some one has to register a noise complaint about you, THEN they will investigate.
... and in Mississauga the "noise" by-law say the noise has to be loud and PERSISTENT. Driving by once with a loud exhaust is not persistent.
Some one complains, by-law investigates and sees you are in contravention of a by-law and you get charged, so that way the by-law officer is your accuser, not the neighbour that you KNOW called by-law on you, but you still have to live next door to them... AND this procedure means you aren't getting charged by-law offenses when the only problem is your neighbour has a stick up their ass about you and yours and likes to complain.
Guess who used to have a neighbour that liked to complain....
So if that is true these by-law noise tickets they're handing out for loud exhaust aren't worth the paper they're written on.
Also "By-law" does NOT give the police or a by-law enforcement officer the right to pull you over, that right is defined in the HTA. No where does it say you can be pulled over for a by-law infraction

By-law officers ARE peace officers, as are dog catchers and some public health nurses, so they do have arrest powers.
 

GreyGhost

Well-known member
Site Supporter
I was told, by a by-law enforcement officer and the chief of licensing in Mississauga Jamie Swinton, that by-law tickets need a complaint, some one has to complain, which means a by-law officer or a cop can't just hand you a noise ticket, some one has to register a noise complaint about you, THEN they will investigate.
... and in Mississauga the "noise" by-law say the noise has to be loud and PERSISTENT. Driving by once with a loud exhaust is not persistent.
Some one complains, by-law investigates and sees you are in contravention of a by-law and you get charged, so that way the by-law officer is your accuser, not the neighbour that you KNOW called by-law on you, but you still have to live next door to them... AND this procedure means you aren't getting charged by-law offenses when the only problem is your neighbour has a stick up their ass about you and yours and likes to complain.
Guess who used to have a neighbour that liked to complain....
So if that is true these by-law noise tickets they're handing out for loud exhaust aren't worth the paper they're written on.
Also "By-law" does NOT give the police or a by-law enforcement officer the right to pull you over, that right is defined in the HTA. No where does it say you can be pulled over for a by-law infraction

By-law officers ARE peace officers, as are dog catchers and some public health nurses, so they do have arrest powers.
I am surprised that they told you a complaint was required. A by-law is a law. I have never read a by-law that said a complaint was required to be in contravention of the law. In practice, by-law very rarely lays a ticket without a complaint to trigger the investigation.

As far as the mufflers/noise, there are a lot of general complaints (eg. loud motorcycles on rosedale valley road). I suspect there are very very few specific complaints (eg. plate number xxxxxx, red honda, northbound on yonge at eglinton is loud). By-law can't pull you over but they can work with police to pull you over for a document check where they also check noise or the police can setup a checkpoint where noise from all bikes is tested etc.
 

hedo2002

Well-known member
Site Supporter
The information you were given is only partially correct. It was given by a bylaw officer and the department head, and is correct from their perspective. However, I can tell you as a cop I laid MANY noise bylaw charges without a complaint. IE a loud house party, and rather than turn down the music, the owner decides to shoot their mouth off....lol

So a police officer certainly CAN lay a bylaw charge without a complaint. bylaw officers also, (depending upon the municipality), CAN lay one specific class of charge without a complaint, that being parking violations, IE expired meter, No parking/stopping zone, handicap spaces etc.
 

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