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1
THE MUNICIPAL CORPORATION OF THE TOWNSHIP OF ARMOUR
BY-LAW #31-2020
Being a By-law to Control Noise
within The Township of Armour
WHEREAS Section 129 of the Municipal Act 2001, S.O. c.25 as amended
authorizes the municipality to prohibit, regulate and otherwise control noise;
AND WHEREAS Section 425(1) of the Municipal Act, 2001, S.O. c.25 as amended,
states that a municipality may pass By-laws providing that a person who
contravenes a by-law of the municipality passed under this Act is guilty of an
offence, 2006, c. 32, Sched. A, s. 184.
AND WHEREAS Section 444 of the Municipal Act, 2001, S.O. c.25 as amended,
provides that the municipality may make an order requiring the person who
contravened the by-law or who caused or permitted the contravention or the owner
or occupier of the land on which the contravention occurred to discontinue the
contravening activity, and any person who contravenes such an order is guilty of
an offence;
AND WHEREAS People have a right to and should be ensured an environment
free from unusual, unnecessary or excessive noise which may degrade the quality
and tranquility of their life or cause nuisance;
AND WHEREAS It is the policy of the Council to reduce and control such noise or
vibration;
NOW THEREFORE the Council of the Municipal Corporation of The Township of
Armour hereby enacts as follows:
1.
DEFINITIONS
"Appliance" means a household device whether fixed or portable;
"Applicant" means a person or persons seeking an exemption of either a
temporary or permanent nature from the provisions and requirements of this
By-law;
"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;
"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,
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;
"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 only within a building;
"Council" means the Council of The Municipal Corporation of The Township
of Armour;
AMENDED BY BY-LAW #24-2025
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"Domestic Pet" means any member of the species canis familiaris kept as a
pet;
"Excessive Noise" means noise under human control and of such a nature as
to interfere with the peace, comfort and convenience of any person. The
person making the complaint must not be in or at the same place where the
noise is being emitted;
"Emergency Vehicles and Equipment" means any emergency services
vehicle including fire trucks, ambulances, police vehicles, utility emergency
vehicles, loud speakers or emergency siren and any other method of acquiring
the public's attention during an emergency situation or mock disaster practice
scenario owned by or operation on behalf of The Township of Armour, the
Province of Ontario, the Government of Canada or such agencies including but
not limited to Canadian National Railway, Enbridge Gas, or Hydro One;
"Generator" means a device which consumes fuel (i.e. propane, diesel, natural
gas) to produce electrical power;
"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;
"Motorized Conveyance" means a conveyance propelled or driven otherwise
than by muscular, gravitational or wind power;
"Noise" means unwanted sound and vibrations;
"Owner" means the registered owner of the land from which noise originates
and also includes a trustee acting on behalf of the registered owner, the estate
of a registered owner and a person with a leasehold interest in the land;
"Point of Reception" means any place on a property where sound or vibration
is heard, the source of which does not originate from same property:
"Public Park" means any open space or recreational area, owned or controlled
by The Municipal Corporation of The Township of Armour, commission or other
authority established under any statute of the Province of Ontario;
"Service Vehicle" means a vehicle operated by or on behalf of The Township
of Armour or private contractor, while such vehicle is being used in the clearing
and removal of snow, sanding or salting;
2.
PROHIBITIONS
2.1 No person or owner shall emit, cause or permit the emission of noise, which
is clearly audible to a person at a point of reception, resulting from an act
listed in Schedule "A" - Prohibitions, within the prohibited time shown for such
an act.
2.2 No person or owner shall emit, cause or permit the emission of excessive
noise, which disrupts the normal living or working environment of a person at
a point of reception, resulting from an act listed in Schedule "A" - Prohibitions,
regardless of the prohibited time as listed.
3.
GENERAL EXEMPTIONS
3.1 Notwithstanding any other provision of this By-law, it shall be lawful to
emit or cause or permit the emission of sound or vibration in connection
with emergency measures undertaken:
a) For the immediate health, safety or welfare of the inhabitants or any of
them: or
b) For the preservation or restoration of property;
unless such sound or vibration is clearly of a longer duration, or nature
3
more disturbing than is reasonably necessary to accomplish such
emergency purpose.
3.2 The operation of service vehicles.
3.3 Audible pedestrian signals.
3.4 Section 2.2 of this By-law shall be deemed not to apply to the following:
a) Reasonably necessary sound or vibration related to industrial or
commercial operations.
4.
GRANT OF EXEMPTION BY COUNCIL
4.1 Notwithstanding anything contained in this By-law, any person may make
application to Council to be granted an exemption from any of the provisions
of this By-law with respect to any source of sound or vibration for which he/she
might be prosecuted. Council, by resolution, may refuse to grant any
exemption or may grant the exemption applied for or any exemption of lesser
effect. Any exemption granted shall specify the time period, not in excess of
six (6) months during which it is effective and may contain such terms and
conditions as Council sees fit.
4.2 In deciding whether to grant the exemption, Council shall give the applicant
and any person opposed to the application an opportunity to be heard and
may consider such other matters as it sees fit.
4.3 Breach by the applicant of any of the terms or conditions of the exemption
shall render the exemption null and void.
5.
SEVERABILITY
5.1 If any section or sections of this By-law or parts thereof are found by a court
of law to be illegal or beyond the power of Council to enact, such section or
sections or parts thereof shall be deemed to be severable and all other
sections or parts of this by-law shall be deemed to be separate and
independent there from and to be enacted as such.
6.
CONFLICT
6.1 If a provision of this By-law conflicts with an Act or regulation or another By-
law the provision that is the most restrictive shall prevail.
7.
PENALTY
7.1 Every person who contravenes any provision of this by-law is guilty of an
offence and upon conviction, shall be liable to a fine of not more than five
thousand ($5,000.00) dollars, as provided for in the Provincial Offences Act,
R.S.O. 1990, Chapter P. 33.
8.
ADMINISTRATIVE CORRECTIONS
8.1 The Clerk of the Township of Armour is hereby authorized to make any minor
modifications or corrections of an administrative, numeric, grammatic,
semantic or descriptive nature or kind to the by-law and schedule(s) as may
be deemed necessary after the passage of this by-law, where such
modifications or corrections do not alter the intent of the by-law.
9. SHORT TITLE
9.1 This By-law may be cited as the "Noise Control By-law"
10. REPEAL
10.1 This By-law repeals By-Law Number #18-1996.
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11. SCHEDULES
11.1 The schedules to this By-law shall be deemed to form part of this By-law.
12. ENACTMENT
12.1 That this By-law shall take effect on the date it is passed.
Read in its entirety, approved,
signed and the seal of the
Corporation affixed thereto and
finally passed in open Council
this 11th day of August, 2020.
Original signed by Bob MacPhail
Robert MacPhail, Reeve
Original signed by John Theriault
John Theriault, Clerk
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SCHEDULE A - By-law #31-2020
The Municipal Corporation of the Township of Armour
Part I Provincial Offences Act
Bylaw # 31- 2020: Noise
Prohibitions
Prohibited Period of Time
1
The operation of any electronic devices
intended for the production, reproduction
or amplification of sound.
11:00 p.m. one day to 7:00 a.m.
the next day
2
The operation of any auditory signaling
device including but not limited to the
ringing of bells or gongs and the blowing
of horns or sirens or whistles.
11:00 p.m. one day to 7:00 a.m.
the next day
3
The operation of any construction
equipment or in connection with
construction.
9:00 p.m. one day to 7:00 a.m.
the next day
4
The operation of a toy, model or replica
of a larger device, that has no function
other than amusement.
11:00 p.m. one day to 7:00 a.m.
the next day
5
The operation of any motorized
conveyance other than on a highway or
authorized snowmobile trail.
11:00 p.m. one day to 7:00 a.m.
the next day
6
The operation of a motorized
conveyance resulting in excessive noise.
11:00 p.m. one day to 7:00 a.m.
the next day
7
Persistent barking, whining or other
similar persistent noise making by a
domestic pet.
11:00 p.m. one day to 7:00 a.m.
the next day
8
The operation of any powered or
nonpowered tool, equipment or appliance
for domestic purposes other than snow
removal.
11:00 p.m. one day to 7:00 a.m.
the next day
9
The operation of solid waste bulk lift or
refuse compacting equipment.
11:00 p.m. one day to 7:00 a.m.
the next day
10 Yelling, shouting, hooting or hollering.
11:00 p.m. one day to 7:00 a.m.
the next day
11 Loud playing of musical instruments.
11:00 p.m. one day to 7:00 a.m.
the next day
12 The detonation of fireworks or explosive
devices not used in construction.
11:00 p.m. one day to 7:00 a.m.
the next day
13 The operation of a motorized
conveyance in such a way as to rev the
engine beyond what is required for
normal operation and maintenance.
11:00 p.m. one day to 7:00 a.m.
the next day
14 The operation of a Generator to provide
power to a residential dwelling other than
during a power outage or other than
during the construction phase prior to
power being installed in the constructed
building.
11:00 p.m. one day to 7:00 a.m.
the next day
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SCHEDULE B - By-law #31-2020
The Municipal Corporation of the Township of Armour
Part I Provincial Offences Act
Bylaw # 31- 2020: Noise
ITEM
SHORT FORM WORDING
PROVISION
CREATING OR
DEFINING OFFENCE
SET FINE
1
Permitting noise from electronic
device during prohibited time
Section 2.1 schedule A
(1)
$300.00
2
Permitting noise from auditory
signaling device during prohibited
time
Section 2.1 schedule A
(2)
$300.00
3
Permitting noise from construction
equipment during prohibited time
Section 2.1 schedule A
(3)
$300.00
4
Permitting noise from a toy, model
or replica during prohibited time
Section 2.1 schedule A
(4)
$300.00
5
Permitting noise from a motorized
conveyance during prohibited time
Section 2.1 schedule A
(5)
$300.00
6
Permitting noise from a motorized
conveyance resulting in excessive
noise
Section 2.1 schedule A
(6)
$300.00
7
Permitting persistent noise from a
domestic pet during prohibited
time
Section 2.1 schedule A
(7)
$300.00
8
Permitting noise from any tool,
equipment or appliance during
prohibited time
Section 2.1 schedule A
(8)
$300.00
9
Permitting noise from solid waste
bulk lift or refuse compacting
Section 2.1 schedule A
(9)
$300.00
10
Making or permitting noise by
yelling, shouting, hooting or
hollering during a prohibited time
Section 2.1 schedule A
(10)
$300.00
11
Permitting noise from loud playing
of musical instruments during
prohibited time
Section 2.1 schedule A
(11)
$300.00
12
Permitting noise by detonating
fireworks or explosive devices
during prohibited time
Section 2.1 schedule A
(12)
$300.00
13
Permitting the operation of a
motorized conveyance in such a
way to rev the engine
Section 2.1 schedule A
(13)
$300.00
14
Permitting noise from a domestic
generator during prohibited time
Section 2.1 schedule A
(14)
$300.00
Note: The penalty provision for the offence listed above is Section 7 of By-law 31-
2020, a certified copy of which has been filed.
Page 53 of 65
SCHEDULE "Q"
To BY-LAW #24-2025
By-law No. 31-2020 being a By-law to control noise within the Township of Armour
is hereby amended as follows:
1.
by adding the following definitions to section 1:
"AMPS By-law" shall mean the Administrative Monetary Penalties System
Respecting Non-Parking Violations By-law as amended or any successor
thereto;
"Penalty Notice" means a notice issued pursuant to the Town's AMPS By-
law;
2.
by adding the following new heading and sections after section 7 and
renumbering subsequent sections accordingly:
8. ADMINISTRATIVE PENALTIES
8.1
This By-law is a designated By-law under the Township's AMPS By-
Law.
8.2
An Officer who is satisfied that a person has contravened any
provision of this By-law, which includes without limitation any
requirement or condition of a licence, permit, order or direction, may
issue a Penalty Notice to the person for each contravention in the
amount set out in Column 3 of the following table for the applicable
contravention:
ADMINISTRATIVE MONETARY PENALTIES
BY-LAW # 31-2020
Noise By-law
ITEM
COLUMN 1
Short Form Wording
COLUMN 2
Provision
Creating or
Defining Offence
COLUMN 3
Administrative
Monetary
Penalty
1
Permitting noise from electronic device
during prohibited time
s. 2.1 schedule A
(1)
$300.00
2
Permitting noise from auditory signaling
device during prohibited time
s. 2.1 schedule A
(2)
$300.00
3
Permitting noise from construction
equipment during prohibited time
s. 2.1 schedule A
(3)
$300.00
4
Permitting noise from a toy, model or
replica during prohibited time
s. 2.1 schedule A
(4)
$300.00
5
Permitting noise from a motorized
conveyance during prohibited time
s. 2.1 schedule A
(5)
$300.00
6
Permitting noise from a
motorized
conveyance resulting in excessive noise
s. 2.1 schedule A
(6)
$300.00
7
Permitting persistent noise from a
domestic pet during prohibited time
s. 2.1 schedule A
(7)
$300.00
8
Permitting
noise
from
any
tool,
equipment
or
appliance
during
prohibited time
s. 2.1 schedule A
(8)
$300.00
9
Permitting noise from solid waste bulk
lift or refuse compacting
s. 2.1 schedule A
(9)
$300.00
10
Making or permitting noise by yelling,
shouting, hooting or hollering during a
prohibited time
s. 2.1 schedule A
(10)
$300.00
11
Permitting noise from loud playing of
musical instruments during prohibited
time
s. 2.1 schedule A
(11)
$300.00
Page 54 of 65
12
Permitting noise by detonating fireworks
or explosive devices during prohibited
time
s. 2.1 schedule A
(12)
$300.00
13
Permitting the operation of a motorized
conveyance in such a way to rev the
engine
s. 2.1 schedule A
(13)
$300.00
14
Permitting noise from a domestic
generator during prohibited time
s. 2.1 schedule A
(14)
$300.00
8.3
Each person who has been issued a Penalty Notice shall, be liable to
pay the administrative penalty set out in the Penalty Notice to the
Township within 15 days of the date of issuance after the completion
of service.
8.4
Where a Penalty Notice has been canceled under the Township's
AMPS By-law it shall not be considered a Penalty Notice for the
purposes of subsection 8.2 of this By-law.
8.5
If a person is issued a Penalty Notice, the person shall not be charged
with an offence or issued an additional Penalty Notice in respect of the
same contravention. For clarity, the person may be charged for a
different contravention of this By-law, a repetition of a contravention,
or in the case of a continuing contravention, a continuation of the
contravention after the date in the Penalty Notice. Likewise, a person
may be issued a Penalty Notice for a different contravention of this By-
law, a repetition of a contravention, or in the case of a continuing
contravention, a continuation of the contravention after the date(s) of
the offence set out in any charges or the contravention set out in the
Penalty Notices that have been issued.
8.6
Other than as set out in subsection 8.5 of this By-law, the issuing of a
Penalty Notice does not limit the Township's ability to initiate any other
proceeding or
seek any other remedy the Township
deems
appropriate to prevent the continuation
or repetition of the
contravention.