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THE CORPORATION OF THE TOWNSHIP OF ADJALA-TOSORONTIO
BY-LAW NO. 15-28
A BY-LAW TO PROHIBIT AND REGULATE NUISANCES RESULTING
FROM NOISE WITHIN THE TOWNSHIP OF ADJALA-TOSORONTIO
Nuisance By-law
WHEREAS the Municipal Act, R.S.O. 1990, c.M.45, as amended, provides
that municipalities may prohibit and regulate noise;
AND WHEREAS the Council of the Corporation of the Township of Adjala-
Tosorontio deems it necessary to regulate and/or prohibit noise within the
Township of Adjala-Tosorontio that is likely to disturb the public.
NOW THEREFORE the Council of the Corporation of the Township of Adjala -
Tosorontio enacts as follows:
1
DEFINITIONS
1.1
"Agricultural Use" means lands zoned for agricultural use under
the Township Zoning By-law, as amended and is used for the
growing of crops, including nursery, horticultural crops, and/or
raising of livestock.
1.2
"Construction" means the erection, alteration, repair,
dismantling, demolition, structural maintenance, painting,
moving, land clearing, earth moving, grading, excavating, the
laying of pipe or conduit, whether above or below ground, 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 work in connection therewith.
1.3
"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, pneumatic or hydraulic tools, bulldozers, excavators,
cranes, derricks, loaders, scrapers, pavers, generators,
ditchers, compactors, and rollers, concrete mixers or other
material handling equipment.
1.4
"Council" means the Council of The Corporation of the
Township of Adjala-Tosorontio.
1.5
"Farmer" means a person or their agent who is engaged in an
agricultural operation on lands zoned for agricultural use.
1.6
"Inhabitants" means one or more persons who reside in, own or
occupy property in the Township.
1.7
"Livestock" means domestic animals such as cattle, horses, pigs,
or poultry raised for home use or profit.
1.8
"Noise" means any unwanted sound that is of such volume or
nature that it is likely to disturb the public and that is clearly
audible at the point of reception.
2
1.9
"Persistent" means continuously for fifteen (15) minutes or
intermittently, totaling fifteen (15) minutes over a period of one
hour.
1.10
"Officer" means a Municipal By-law Enforcement Officer,
Provincial Offences Officer, Police Officer, or other duly
appointed individual.
1.11
"Point Of Reception" means any point on a premises where
noise or vibration originating from a source other than those
premises is received.
1.12
"Shooting Range or Shooting Club" means an establishment
that is provincially licensed or is part of a premise that is
licensed to sell and/or repair firearms.
1.13
"Township" means The Corporation of the Township of Adjala-
Tosorontio or the land within the geographic limit of The
Corporation of the Township of Adjala-Tosorontio as the context
requires.
2
GENERAL PROHIBITIONS
No person shall create, cause or permit the emission of noise resulting
from an act listed herein that disturbs or is likely to disturb any
inhabitant of the Township:
2.1
Persistent howling, calling, whining or other similar persistent
noise by any domestic pet or any other animal kept or used for a
purpose other than livestock.
2.2
Noise made by yelling, shouting or other boisterous activity by
any person between the hours of 11 :00 P.M. and 7:00 A.M. of
the following day.
2.3
Noise caused by the erection, demolition, alteration or repair of a
building or by construction equipment working upon a site within
300 feet of an occupied dwelling unit on any day between the
hours of 9:00 P.M. and 6:00 A.M. of the next day.
2.4
Noise or sound made or created by any radio, stereo,
phonograph, public address system, loud speaker, musical
instrument, or any electronic device designed to amplify sound or
other sound producing equipment when the equipment is played
or operated in such a manner that the sound or noise made or
created thereby disturbs the peace, comfort or repose of any
person.
2.5
The persistent discharge of firearms at a location other than a
"Shooting Range or Club" or at a location that is part of a
premise that is licensed to sell and/or repair firearms.
3
EXEMPTIONS
This By-law shall not apply to a person who emits or causes or permits
the emission of noise in connection with any of the following activities:
3
3.1
Any event where an approved noise exemption has been
granted prior to the event.
3.2
Township, County of Simcoe and/or Ministry of Transportation
operations including, but not limited to, snow removal, street
cleaning, garbage collection, and conducted services on behalf
of the Township, County of Simcoe and/or Ministry of
Transportation.
3.3
Noise caused by a farmer or their agent in the performing of any
agricultural operation on lands zoned for agricultural use.
3.4
Noise caused by any Commercial, Institutional or Industrial
operation that is duly licensed.
3.5
The discharging of Fireworks as permitted by the Township
Fireworks By-Law.
3.6
Any event conducted on a property zoned for such an event in
accordance with the Township's Zoning By-Law.
3.7
The sound of any bell, horn, siren, or other signaling device
when required or permitted by law.
3.8
Noise caused from emergency generators.
4
ENFORCEMENT AND PENAL TIES
4.1
The provisions of this by-law shall be enforceable by a Municipal
By-law Enforcement Officer, Provincial Offenses Officer, Police
Officer, or other duly appointed individual.
4.2
No person shall obstruct, hinder, or otherwise interfere with a
Municipal Law Enforcement Officer, Provincial Offences Officer,
Police Officer or other duly appointed individual in the lawful
carrying out of their duties and responsibilities under the
provisions of this by-law.
4.3
Every person who contravenes any provision of this By-Law is
guilty of an offence and upon conviction is liable to a fine not
exceeding $5,000.00 for each offense exclusive of costs,
pursuant to section 61 of the Provincial Offences Act, R.S.O.
1990, c.P.33, as amended.
4.4
Each day of contravention shall be a separate offence.
5
SEVERABILITY
5.1
Should any section of this by-law be declared by a Court of
competent jurisdiction to be ultra vires or illegal for any reason,
the remaining parts shall nevertheless remain valid and binding,
and shall be read as if the offending section or part had been
struck out.
5.2
Should the provisions of this By-law be found to conflict with the
provisions of any other By-law of the Township the provisions of
this By-law shall prevail.
6
FORCE AND EFFECT
6.1
This By-law shall come into force and effect upon its final
passage thereof.
4
6.2
THAT this By-law shall be reviewed by September 1, 2016.
6.3
THAT, notwithstanding anything contrary to the rules of
procedure, this By-law be introduced and read a first and second
time and be considered read a third time and finally passed this
day of 1 oth of August, 2015.
CLERK BARBARA KANE
Corporation of the Township of Adjala-Tosorontio
By-law No. 15-28
Schedule "A"
PART 1 Provincial Offences Act
By-law No. 15-28, being a by-law to prohibit and regulate nuisances
Resulting from noise
Item
COLUMN 1
#
Short Form Wording
1
Persistent howling, calling, whining or other similar persistent noise by any domestic pet or any other
animal kept or used for a purpose other than livestock
2
Noise made by yelling, shouting or other boisterous activity by any person between the hours of 11 :00
P.M. and 7:00 AM. of the following day
3
Noise caused by the erection, demolition, alteration or repair of a building or by construction equipment
working upon a site within 300 feet of an occupied dwelling unit on any day between the hours of 9:00
P.M. and 6:00 AM. of the next day
4
Noise made by any electronic device designed to amplify sound thereby disturbing the peace
5
Noise from the persistent discharge of firearms at a location other than a "Shooting Range or Club" or at
a location that is part of a premise that is licensed to sell and/or repair firearms
6
Hinder or obstruct, or attempt to hinder or obstruct, any person who is exercising a power or performing
a duty under this by-law
Page #1
COLUMN 2
COLUMN 3
Offence creating provision
Set Fine
or defining offence
2.1
$100.00
2.2
$100.00
2.3
$100.00
2.4
$100.00
2.5
$100.00
4.2
$100.00
NOTE: Penalty provision for the offences indicated above is Section 4.3 of By-law
No. 15-28, a certified copy of which has been filed.