This is the exact embedded text of the captured official document.
Snapshot 32ad4a5313c7 · verified 2026-06-10 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
1
The Corporation of the Township of
Algonquin Highlands
By-Law 2023-88
Being a By-law to Regulate Noise within the Boundaries of the Township of
Algonquin Highlands
Whereas the Council for the Township of Algonquin Highlands is empowered to pass By-
laws to regulate noise within the boundaries of the Township of Algonquin Highlands,
pursuant to Section 129 (1), of the Municipal Act, 2001, S.O. 2001, c.25, as amended;
And Whereas Section 425 of the Municipal Act, 2001, S.O. 2001, c.25, as amended
authorizes municipalities to pass by-laws providing that any person who contravenes a By-
law of the municipality passed under said Act is guilty of an offence;
And Whereas Section 426 of the Municipal Act, 2001, S.O. 2001, c.25, as amended no
person shall hinder or obstruct, or attempt to hinder or obstruct any person who is exercising
a power or performing a duty under a By-law passed under this Act;
And Whereas Section 429 of the Municipal Act, 2001, S.O. 2001, c.25, a municipality may
establish a system of fines for offences under a By-law of the municipality passed under this
Act;
And Whereas Section 436 of the Municipal Act, 2001 S.O. 2001, c.25, as amended,
provides that a municipality may pass by-laws providing that the municipality may enter on
land at any reasonable time for the purpose of carrying out inspections to determine
compliance with a by-law, or an order made under a by-law, or court order made under this
Act;
And Whereas Council deems it expedient to enact a By-law to regulate noise within
the boundaries of the Township of Algonquin Highlands;
Now Therefore the Council for the Township of Algonquin Highlands enacts as follows:
1.
Short Title
1.1 The short title of this By-law is the "Noise By-law."
2.
Definition
In this By-law;
a) "Agricultural Property" means a property that is zones for agricultural use in the
Zoning By-law that applies to the property;
b) "Construction" includes erection, alteration, repair, dismantling, demolition,
structural maintenance, painting, moving, land clearing, earth moving, grading,
excavation, blasting and detonation of explosive devices other than fireworks,
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 associated or related work;
c) "Construction Equipment" means any equipment or device designed and
intended for use in construction or material handling, including but not limited to,
2
air compressors, pile drivers, pneumatic 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;
d) "Council" means the elected Municipal Council of the Township of Algonquin
Highlands;
e) "Electronic Device" means a device intended primarily for the production,
reproduction or amplification of sound, including, but not limited to, any musical
instrument, radio receiver, television receiver, recorder, phonograph, loudspeakers,
amplifiers, microphones or reproducers or any combination of such equipment,
including devices used in the reproduction of music, speech or other sounds;
f) "Emergency" means a situation or an impending situation, often dangerous,
caused by the forces of nature, an accident, and intentional act or otherwise,
which arises suddenly and calls for prompt action;
g) "Emergency Vehicle" includes a land ambulance, an air ambulance, a fire
department vehicle, and a motor vehicle being used to respond to an
emergency;
h) "Fireworks" defined and regulated within The Township of Algonquin
Highlands Fireworks By-law 2020-72, as amended;
i) "Motor Vehicle" includes an automobile, bus, truck, motorcycle, motor assisted
bicycle and any other vehicle propelled or driven other than by a muscular
power, but does not include a motorized snow vehicle, traction engine, farm
tractor, other farm vehicle or road-building machine;
j) "Municipality" means the Corporation of the Township of Algonquin Highlands;
k) "Noise" means sounds that is unusual or excessive, or that is unwanted by or
disturbing to persons;
l) "Owner" includes:
i)
any person or corporation who is the registered owner on title of a parcel of
land from which noise originates;
ii)
the person, for the time being, managing or receiving the rent of the
land or premises, in connection with which the word is used, whether
on the person's own account or as an agent or trustee of any other
person, or who would so receive the rent is such land and premises
were let, and;
iii)
a leasee or occupant of the property who, under the terms of a lease, is
required to repair and maintain the property in accordance with the
standards for the maintenance and occupancy of property.
m) "Person" includes a corporation as well as an individual;
n) "Persistent Noise" means any noise that is continuously heard for a period of ten
minutes or more or intermittently over a period of one hour or more;
o) "Point of Reception" means any point on the premises where sound or vibration
is heard or received other than the place from which it originated;
3
p) "Premises" means a piece of land and any buildings and structures on it, and
includes a place of business, road, and any other location of place;
q) "Provincial Offences Officer" includes any person who is employed or who
has entered into a contract with the Corporation and who has been appointed
by By-law by Council to control dogs or any Municipal Law Enforcement Officer
engaged to enforce by-laws of the Corporation or any Police Officer or Police
Cadet Officer employed and/or appointed by the Ontario Provincial Police;
r) "Residence" means a room, suite or rooms, or swelling, including a mobile
trailer, operated as a housekeeping unit that is used or intended to be used
as a separate domicile by one or more persons, and that normally contains
cooking, eating, living, sleeping, and sanitary facilities;
s) "Road" includes a public highway, private road, lane, pathway, and sidewalk;
t) "Utility" means a system that is used to provide a utility service to the public,
including water, sewage, electricity, gas, communications networks and cable
services;
u) "Unreasonable Noise" means any noise that is likely to disturb the peace,
rest, enjoyment, comfort or convenience of a reasonable person in the
circumstances. Unreasonable noise does not include commonplace household
or workplace sounds such as sound from furniture being moved, children
playing or people engaging in conversation.
v) "Vehicle" includes a motor vehicle, trailer, traction engine, farm tractor, road-
building machine, and other vehicle propelled or driven other than by muscular
power;
w) "Zoning By-Law" means the Comprehensive Zoning By-law, as amended,
of the Township of Algonquin Highlands.
3. General Noise Regulations
3.1
No person shall emit or cause or permit the emission of unreasonable
noise that is clearly audible at a point of reception.
3.2
Without limiting the generality of Section 3.1 of this By-law, noise is deemed to be
unreasonable if resulting from:
3.2.1 Construction or the operation of any construction equipment between the
hours of 11:00 PM and 7:00 AM of the next day;
3.2.2 Amplified sound - operation of any electronic device including but not
limited to radio, television, sound equipment, loudspeaker and/or musical
instrument between the hours of 11:00 PM and 7:00 AM of the next day;
3.2.3 Yelling, shouting, hooting or similar noise made by a human between the
hours of 11:00 PM and 7:00 AM of the next day; or
3.2.4 Persistent or continuous barking, whining or similar sound made by a dog
that causes a nuisance, at any time.
4
4.
Exemptions
The emission of noise in connection with the following activities are considered
exempt from the provisions of this By-law:
4.1
Police, Fire, Ambulance or other emergency vehicles or any measures
undertaken in an emergency for the immediate health, safety, or welfare of the
inhabitants;
4.2
Measures undertaken as a result of an unforeseen circumstance requiring
immediate action for the preservation or restoration of property; reasonably
necessary to deal with such circumstance and no longer;
4.3 The operation of Township service vehicles and related equipment;
4.4 The operation of utility service vehicles and related equipment;
4.5 Construction or demolition being conducted under a permit issued by the
Township of Algonquin Highlands during permitted times;
4.6
Persons or organizations who have received permission for an event from the
Township of Algonquin Highlands;
4.7
Operation of snow plowing or snow removal on public or private property;
4.8
Agricultural, Commercial, Institutional, or Industrial activities recognized as
normal operating practice or under site plan approvals.
5.
Powers of Entry
5.1
An Officer may enter on land at any reasonable time for the purpose of carrying out
an inspection to determine compliance with this By-law.
6.
Penalty Provisions
6.1
Every person who contravenes any provision of this By-law is guilty of an offence and
upon conviction be liable to fines as provided for in the Provincial Offences Act R.S.O.
1990, c. P. 33, as amended.
6.2
If this By-law has been contravened and a conviction entered, the court in which
the conviction has been entered and any other court of competent jurisdiction
thereafter may, in addition to any other remedy and to any penalty that is
imposed, make an order prohibiting the continuation or repetition of the offence by
the person convicted.
7.
Enforcement
7.1
This By-law shall be enforced by a Police Officer, Police Cadet, Municipal
Law Enforcement Officer, Provincial Offences Officer, or any other person
appointed by Municipal Council.
8. Obstruction
8.1
No person shall hinder or obstruct, or attempt to hinder or obstruct, any person
who is exercising a power or performing a duty under this By-law.
8.2
Any person who is alleged to have contravened any of the provisions of this By-law
shall identify themselves to an officer upon request. Failure to identify upon request
shall be deemed as obstruction of the officer.
5
9.
Validity & Severability
9.1
If a court of competent jurisdiction declares any provisions, or any part of a
provision, of this By-law to be invalid, or to be of no force and effect, is the
intention of Council in enacting this By-law that each and every provision of this
By-law authorized by law by applied and enforced in accordance with the terms
to the extent possible according to law.
9.2
Where a provision of this By-law conflicts with the provision of another By-law in
force within the Township, the provisions that establish the higher standards to
protect the health, safety and welfare of the general public shall prevail.
10.
Repeals
10.1 That By-law number 2013-30 is hereby repealed.
11. Effective Date
11.1 This By-law shall come into force and effect on the date of passing.
Read a First, Second and Third time and finally passed this 05 day of October 2023.
________________________
Mayor Liz Danielsen
_________________________
Clerk Dawn Newhook
6
The Corporation of the Township of Algonquin Highlands
Part 1 Provincial Offences Act - Set Fines Schedule "A"
By-law # 2023-88 - Noise By-law
Ite
Column 1
Short Form Wording
Column 2
Provision Creating or
Defining Offence
Column 3
Set Fine
1
Emit, cause or permit
unreasonable noise
Section 3.1
$300.00
2
Cause or permit noise from
construction during prohibited
times
Section 3.2.1
$300.00
3
Cause or permit noise from
electronic devices during
prohibited times
Section 3.2.2
$300.00
4
Cause or permit noise from
yelling, shouting or hooting
during prohibited times
Section 3.2.3
$300.00
5
Permit dog to emit noise
Section 3.2.4
$300.00
6
Obstruct/hinder or attempt to
obstruct officer
Section 8.1
$500.00
"Note: The penalty provision for the offences indicated above is Section 6.1 of the By-law
No. 2023-88, a certified copy of which has been filed".