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NOISE BYLAW
TOWNSHIP OF ADELAIDE METCALFE
BY-LAW NUMBER 5 of 2022
BEING A BY-LAW TO CONTROL NOISE IN THE CORPORATION OF TOWNSHIP
OF ADELAIDE METCALFE
WHEREAS the Municipal Act, 2001, S.O. 2001, Chapter 25, Section 129 (1) provides
that By-laws may be passed by the Councils of local municipalities for prohibiting or
regulating noise and vibration within the municipality;
AND WHEREAS it is deemed expedient and necessary to provide an environment free
from unusual, unnecessary or excessive noises or vibrations which may disturb the
inhabitants of the Township of Adelaide Metcalfe; and,
THEREFORE the Council of the Corporation of the Township of Adelaide Metcalfe
enacts as follows:
1.
SHORT TITLE
SECTION 1
SHORT TITLE
This By-law may be cited as the "Noise By-law."
2"
DEFINITIONS
In this By-law:
SECTION 2
DEFINITiONS
2.1
"Agricultural Operation" means an agricultural, horticultural or silvicultural
operation that is carried in the expectation of gain or monetary reward;
2.2
"Business Areas" means those areas within the municipality zoned under
the Zoning By-law as follows:
i. Corridor Commercial, Rural Commercial, Village Commercial, Hamlet
Commercial (CC; RC; VC; HC; C3)Zones;
ii. Jndustrial, Rural Industrial, Extractive Resource (M; RM, E) Zones;
iii. Institutional (I) Zone;
iv. Parks and Recreation (PR) Zone;
2.3
"Construction"
includes
erection,
alteration,
repair,
dismantling,
demolition, structural maintenance, painting, moving, land clearing, earth
moving, grading, excavating, the laying of pipe and conduit whether above
or below ground level, street and highway building, concreting, equipment
installation and alteration and the structural installation of construction
components and materials in any form or for any purpose, and includes any
work in connection therewith;
2.4
"Construction Equipment" means any equipment or device designed and
intended for use in construction or material handling, including but not
limited to air compressors, pile drivers, pneumatics or hydraulic tools,
bulldozers, tractors, excavators, trenchers, cranes, derricks, loaders,
scrapers, pavers, generators, off-highway haulers or trucks, ditchers,
compactors and rollers, pumps, concrete mixers, graders, or other material
handling equipment;
2.5
"Council" means the Council of the Corporation of Township of Adelaide
Metcalfe;
2.6
"Conveyance" includes a vehicle and any other device employed to
transport a person or persons or goods from place to place but does not
include any such device or vehicle if operated within the premises of a
person;
2.7
"Highway" includes a common and public highway, street, avenue,
parkway, driveway, square, place, bridge, viaduct or trestle designed and
intended for, or used by, the general public for the passage of vehicles
2.8
"Motor Vehicles" includes an automobile, motorcycle, motor assisted
bicycle unless otherwise indicated in the Highway Traffic Act, and any other
vehicle propelled or driven otherwise than by muscular power, but does not
include other motor vehicles running only upon rails, or a motorized snow
vehicle, traction engine, farm tractor, self-propelled implement of husbandry
or road-building machine within the meaning of the Highway Traffic Act;
2.9
"Motorized Conveyances" means a conveyance propelled or driven
otherwise than by muscular, gravitational or wind power;
2.10
"Municipality" means the Corporation of Township of Adelaide Metcalfe;
2.11
"Municipal Waste Collection" means the collection, transportation and
disposal of refuse as undertaken by the Municipality of its sub-contractors.
2.12
"Noise" means unwanted sound;
2.13
"Officer" means:
i)
any Police Officer; or
ii) a By-law Enforcement Officer, Building Inspector or Chief Building
Official as appointed by the Council of the Municipality;
2.14
"Person" includes an individual, business, corporation, partnership,
association or other legal entity;
2.15
"Point of Reception" means any point where sound or vibration originating
from a location other than that point is received;
2.16
"Residential Areas" means those areas within the municipality zoned
under the Zoning By-law as follows:
i)
Rural Residential; Hamlet Residential; Village Residential; Urban
Residential (RR; HR; VR; UR) Zones;
2.17
"Rural Areas" means those areas within the municipality zoned under the
Zoning By-law as follows:
i)
General Agricultural, Agriculture Only, Limited Agricultural (A, AO; LA)
Zones;
ii) Surplus Dwelling (SD) Zone;
iii) Open Space Community Area as shown on Schedule "A3" Kerwood
Land use Plan;
iv) "Settlement Areas" means those areas of the municipality located
within the areas identified in the Adelaide Metcalfe Official Plan;
2.18
"Vehicle" includes a motor vehicle, trailer, traction engine, farm tractor,
roadbuilding machine, motorcycle, bicycle and any vehicle drawn, propelled
or driven by any kind of power, including muscular power, but does not
include a motorized snow vehicle, or the cars of electric or steam railways
running only upon rails.
2.19
"Zoning
By-law"
means
the
Township
of
Adelaide
Metcalfe
Comprehensive Zoning By-law currently in effect.
SECTION 3
PROHIBITIONS
3 . 1
No Person shall emit or cause sound resulting from an act listed in Schedule
"A" of this By-law if clearly audible at a point of reception located in an area
of the Municipality within a prohibited time shown for such an area.
3.2
No Person shall permit the emission of sound resulting from an act listed in
Schedule "A" of this By-law if clearly audible at a point of reception located
in an area of the Municipality within a prohibited lime shown for such an
area.
4.1
Public Safety
SECTION 4
GENERAL EXEMPTIONS
Notwithstanding any other provision of this By-law, it shall be lawful to emit
or cause permit the emission of sound or vibration in connection with the
emergency measures undertaken for the immediate health, safety or
welfare of any person, or for the preservation or restoration of property,
unless such sound or vibration is clearly of a longer duration or nature or
more disturbing than is reasonably necessary for the accomplishment of
such emergency purpose.
4.2
Agricultural Activity
Notwithstanding any provisions of this By-law, it shall be lawful to emit or
cause or permit the emission of sound or vibration in connection with the
operation of any equipment related to Normal Farm Practices carried out as
part of an Agricultural Operation, as defined in the Farming and Food
Production Protection Act, 1998, S.O. 1998, as amended, or any successor
legislation, and located on a property zoned for agricultural purposes in
accordance with the Municipality's Zoning By-Law.
4.3
Educational Institutions
Notwithstanding any other provision of this By-law, it shall be lawful to emit
or cause or permit the emission of sound or vibrations in connection with
the normal operation of educational institutions during regular business
hours and/or during school authorized activities.
4.4
Traditional or Religious Activity
Notwithstanding any other provision of this By-law, this By-law does not
apply to a person who emits or causes or permits the emission of sound or
vibration in connection with any of the listed traditional, festive, religious or
other activities:
i)
Ringing of church bells;
ii) Hymn singing or caroling performance;
iii) Parades approved by the Municipality of Adelaide Metcalfe, the
County of Middlesex and/or the Ontario Provincial Police.
4.5
Municipal Activity
Notwithstanding any other of this By-law, it shall be lawful to emit or cause
or permit the emission of sound or vibrations in connection with the
operation of municipal service vehicles and related equipment.
4.6
Railway Safety Act
Notwithstanding any other provision of this By-law, this By-law does not
apply to any sound arising from the operation of any railway operated under
the Railway Safety Act, 1935, c. 32 (4th Suppl.) as amended or replaced.
SECTION 5
APPLICATION FOR EXEMPTION
5.1
Exemption - Application Process
Notwithstanding anything contained in this By-law, any Person may make
application in writing to the Clerk of the Municipality to request an exemption
from any of the provisions of this By-law with respect to any source of sound
or vibration for which they might be prosecuted.
5.2
Exemption - Details of Application
The application mentioned in Section 5.1 shall be made in writing, at least
sixty (60) days prior to the proposed date of the event and shall include:
I.
The name and address of the applicant;
II.
The location of the premises where the proposed exemption is
being sought;
111.
The description of the type of sound or vibration in respect of
which the exemption is sought;
IV.
Statement of the particular provision or provisions of the By-law
from which the exemption is sought;
V.
The reasons why the exemption should be granted; and
VI.
The application for exemption fees as set out in the Municipality's
current Fees and Charges By-law.
5.3
Exemption - Circulation for Public Comment
Upon receipt of an application for exemption by the Municipality, the Clerk
shall notify the owners of lands within the vicinity of the requested
exemption, indicating the date and time on which the Clerk will consider the
request for exemption. The notice will outline the details of the exemption
request. The notice will request that comments or concerns about the
request for exemption be in written form and addressed to the Clerk of the
Municipality.
5.4
Exemption - Appeal of Decision
If an exemption is denied by the Clerk of the Municipality, the applicant may
appeal the decision to the Municipality's Council within ten (10) business
days of the written decision provided by municipal staff. The appeal must
be made in writing and addressed to the Clerk of the Municipality. Council
shall consider the appeal, which will be accompanied by a report from the
Clerk at a regularly scheduled meeting of Council.
5.5
Exemption - Breach
Breach by the applicant of any of the terms or conditions of the exemption
shall render the exemption null and void.
SECTION 6
ENFORCEMENT AND INSPECTION
6.1
The provisions of this By-law shall be enforced by an Officer, or another
individual appointed by the Municipality for the purpose of enforcing this By-
law.
6.2
Every Officer may carry out inspections to determine whether the provisions
of this By-law are being complied with in accordance with this By-law, and
the Officer shall have the right to enter lands pursuant to the provisions of
the Municipal Act.
SECTION 7
PENALTY
7.1
Any Person who contravenes any provision of this By-law is guilty of an
offence and upon conviction is liable to a fine as provided for in the
Provincial Offences Act, and as set out in Schedule "B", Set Fines attached
hereto. All such fines shall be recovered under the Provincial Offences Act.
7.2
When a Person has been convicted of an offence under this By-law, any
court of competent jurisdiction may, in addition to any penalty imposed on
the Person convicted, issue an order (a) prohibiting the continuation or
repetition of the offence by the Person convicted; and (b) requiring the
Person convicted to correct the contravention in the manner and within the
period that the court considers appropriate.
7.3
Prosecution under this Noise By-law shall not preclude any other legal
actions required.
SECTION 8
SEVERABILITY AND ENACTMENT
8.1
Validity and Severability
If a court of competent jurisdiction should declare any section or part of
section of this By-law to be invalid such section or part of a section shall not
be construed as having persuaded or influenced Council to pass the
remainder of the By-law and it is hereby declared that the remainder of the
By-law shall be valid and shall remain in force.
8.2
Effective Date
This By-law shall come into force and take effect on the day of the final
reading thereof except for the Short-Form Wording pursuant to Schedule
"B", Set Fines, which shall subsequently come into force and take effect on
the day that the Ministry of Attorney General approves it.
Read a first, second and third time
IN OPEN COUNCIL
This 7th day of February, 2022.
Kurtis Smith, Mayor
The Township of Adelaide Metcalfe By-Law Number 5 of 2022
Noise Control
Schedule "A"
Prohibitions by Time and Place
Item
Residential
Rural Areas
Areas
(1) Excessive noise likely to disturb
At all times
At all times
~he inhabitants of any property.
(2) The operation of a combustion
At all times
9:00 pm - 9:00 am
engine which,
i.
is, or
ii
is used in, or
iii is intended for use in a toy
or model or replica and has
no function other than
amusement and which is
not a conveyance.
(3) The operation of any combustion
At @II times
At all times
!engine or pneumatic device without
ian effective exhaust muffling device
in good working order and in
iconstant operation.
(4) The operation of a vehicle or
At all times
At all times
r,tehicle with a trailer resulting in
banging, clanking, squealing,
,!Squealing of tires, or other like
sounds due to improperly secured
load or equipment of inadequate
maintenance.
(5) The operation or maintenance of
8:00 pm - 7:00 am
At all times
an engine or motor in, or on, any
motor vehicle or item or attached
auxiliary equipment for a continuous
period exceeding five minutes while
such vehicle is stationery,
(6) The operation of any electronic
11 :00 pm - 7:00 am
11 :00 pm -7:00 am
device or group of connected
electronic devices incorporating one
or more loudspeakers or other
electromechanical transducers and
intended for the production,
reproduction, or amplification of
sound.
Business
Areas
At all times
At all times
At all times
At all times
9:00 pm - 7:00 am
1 :00 am - 11 :00 am
7) The operation of any auditory
7:00 pm -11 :00 am
7:00 pm - 11 :00 am
100 am -11:00 am
signaling devices, including but not
limited to the ringing of bells or gongs
and the blowing of horns or sirens or
whistles, or the production,
reproduction, or amplification of any
similar sounds by electronic means
except where required or authorized by
law or in accordance with good safety
practices.
(8) The operation of any motorized
At all times
NIA
At all times
!Conveyance other than on a highway
ior other place intended for its
!Operation.
(9) Racing of any motorized
At all times
At all times
At all times
!Conveyance.
(10) The venting, release or pressure
At all times
9:00pm to 7:00 am
9:00 pm to 7:00 am
relief of air, steam or other gaseous
material, product or compound from
!any autoclave, boiler pressure vessel,
pipe, valve, machine, device or
lsvstem.
(11) Persistent barking, calling, or
At all times
At all times
At all times
iWhining or other similar persistent
noise making by any domestic pet or
any other animal kept or used for any
purpose other than aqriculture.
(12) The operation of a
12:00 am - 6:00 am
N.rA
NIA
tommercial car wash with or without
lair drying equi12ment.
(13) The operation of a power assisted
At all times
NIA
At all times
hang glider or parasail.
(14) The operation of any item of snow I
At all times
NIA
IA
makinq equipment.
(15) All selling or advertising by
At alltimes
NIA
7:00 pm - 7:00
shouting or outcry or amplified sound.
am
(16) Loading, unloading, delivering,
Midnight - 6:00 am
NIA,
NIA
packing, unpacking, or otherwise
'
handling any containers, products,
materials, or refuse, whatsoever, unless
necessary for the maintenance of
essential services.
(17) The operation of any motor
8:00 pm - 7:00 am
8:00 pm - 7:00 am
8:00 pm - 7:00 am
vehicle or equipment in connection
~vith construction.
(18) The operation or use of any tool
11 :00 pm - 7:00 am
IA
WA
for domestic purposes other than
snow removal.
(19) The operation of solid waste bulk
7:00 pm - 7:00 am
NIA
NIA
ift or refuse compacting equipment.
(20) No person shall make repeated
NIA
NfA
NIA
land unfounded false alarm complaints
I
o the Municipality or an Officer such
!BS report1ng an act that is not
prohibited pursuant to this Noise By-
law.
ITEM
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
The Township of Adelaide Metcalfe By-Law Number 5 of 2022
Noise Control Part I
Provincial Offences Act
Schedule "B"
Part 1 - Provincial Offences Act - Set Fines
COLUMN 1
COLUMN 2
Short Form Wording
Offence Creating
Provision or
Defining Offence
Noise excessive and likely to disturb when prohibited
Section 3 Sch. A(l)
Noise operation of combustion engine when prohibited
Section 3 Sch. A(2)
Noise from ineffective muffling device when prohibited
6ection 3 Sch. A(3)
Noise from vehicle requiring maintenance or insecure
6ection 3 Sch. A(4)
load when prohibited
Noise from engine while stationary for greater than five
'section 3 Sch. A(S)
minutes when prohibited
Noise from electronic device with speaker producing
Section 3 Sch. A(6)
sound when prohibited
Noise from auditory signaling device when prohibited
Section 3 Sch. A(7)
Noise from a motorized conveyance when prohibited
Section 3 Sch. A(S)
Noise from racing of a motorized conveyance when
Section 3 Sch. A(9)
prohibited
Noise from release of gas pressure when prohibited
Section 3 Sch. A(lO)
Noise from persistent whining or barking of domestic pet
Section 3 Sch. A(ll)
when prohibited
Noise from commercial car wash when prohibited
Section 3 Sch. A(12)
Noise from power glider or parasail when prohibited
Section 3 Sch. A(13)
Noise from snow making equipment when prohibited
6ection 3 Sch. A(14)
Noise from selling or advertising when prohibited
Section 3 Sch. A(15)
Noise from handling containers or materials when
6ection 3 Sch. A(16)
orohibited
Noise from construction when prohibited
!section 3 Sch. A(17)
Noise from tool for domestic purposes when prohibited
6ection 3 Sch. A(18)
Noise from waste lift or compacting when prohibited
Section 3 Sch. A(19)
Filing an unfounded false alarm complaint
!Section 3 Sch. A(20)
..
NOTE: The penalty prov1s1on(s) for the offence(s) indicated above Is Section 7.1 of By-law
Number 5 of 2022 a certified copy of which By-law has been filed.
COLUMN 3
Set Fine
$200.00
$200.00
$200.00
$200.00
$200.00
$200.00
$200.00
$200.00
$200.00
$200.00
$200.00
$200.00
$200.00
$200.00
I
$200.00
$200.00
$200.00
$200.00
$200.00
-
$200.00