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Noise Control By-law
The Corporation of the
Town of Arnprior
By-law Number 6764-17
Being a By-law to Control Noise
Whereas the making, creation or maintenance of excessive, unreasonable or nuisance
noise within the Corporation of the Town of Arnprior affects and is a detriment to public
health, comfort, convenience safety and welfare of the people of the municipality; and
Whereas it is in the public interest to reduce the noise level within the municipality, so
as to preserve, protect and promote the public health, safety, welfare and peace and
quiet of the inhabitants thereof; and
Whereas the Municipal Act 2001, S.O. 2001, C.25 s. 129, as amended, authorizes
Municipal Councils to pass By-laws to prohibit and regulate noise;
Therefore, the Council of the Town of Arnprior enacts as follows:
1. Definitions
1.1 "Chief Administrative Officer" means the person appointed as the Chief
Administrative Officer of the Town within the meaning of the Municipal Act,
2001.
1.2 'Chief Building Official' means the person appointed as the Chief Building
Official of the Town within the meaning of the Building Code Act, 5.0. 1992, c.
23 as amended;
1.3 'clearly audible' means a noise level that a reasonable person would, consider
to be excessive, or unnecessary, or intrusive or disturbing or unacceptable;
1.4 'construction' includes but is not limited to 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, the
manufacturing of material used for highway construction, 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;
Noise Control By-law
1.5 'construction equipment' means any equipment, device or motorized
conveyance designed and intended for use in construction or material handling,
including but not limited to, hand tools, power tools, air compressors, pile
drives, 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
material handling equipment;
1.6 '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 only within the premises of a person;
1.7 'Council' means the Council of the Corporation of the Town of Arnprior;
1.8 'Fire Chief' means the person appointed as the Fire Chief of the Town within
the meaning of the Fire Protection and Prevention Act, S.O. 1997 c.4, as
amended;
1.9 'General Manager, Operations' means the person appointed by Council as
the General Manager, Operations of the Operations Department for the Town;
1.10 '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;
1.11 'inhabitants' means one or more persons who reside in the Town of Arnprior
1.12 'motor vehicle' includes an automobile, motorcycle, and any other vehicle
propelled or driven otherwise than by muscular power; but does not include the
cars of electric or steam railways, or 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;
1.13 'motorized conveyance' means a conveyance propelled or driven otherwise
than by muscular, gravitational or wind power;
1.14 'municipality' means the land within the geographic limit of the Town of
Arnprior;
1.15 'nuisance noise' means any loud, unnecessary, unusual or unreasonable
sound or vibration which annoys, disturbs, injures, endangers or distracts from
the comfort, repose, health, peace and/or safety of any reasonable person as
determined by an officer.
Noise Control By-law
1.16 'officer' means any member of the Ontario Provincial Police force and any
other police force, police constable, or By-law Enforcement Officer, designated
officer or other person appointed and employed by the Town of Arnprior for
preservation and maintenance of public peace;
1.17 'person' means any individual and includes firm, partnership, association,
corporation, company or groups of persons;
1.18 'point of reception' means any point on the premises of a person where
sound or vibration originating from other than those premises is received.
1.19 'premises' means a building or structure or part of a build or structure, the
lands appurtenant to the building or structure, all mobile homes, mobile
buildings or mobile structures and includes vacant land;
1.20 'property maintenance equipment' means any equipment, device, machinery
or apparatus that operates by motor, but does not include snow removal
equipment
1.21 'Residential Area' means those areas of the Municipality specified as follows:
those areas of the municipality zoned for residential use in any by-law in force
from time to time passed pursuant to Section 34 of The Planning Act, R.S.O.
1990, Chapter P.13, or any predecessor or successor of that Section;
1.22 'Town of Arnprior' means the Corporation of the Town of Arnprior
1.23 'Quiet Zone' means the area and block municipally known as the Arnprior and
District Memorial Hospital (Arnprior Regional Health) and illustrated in
Appendix 'A" attached hereto.
2. Regulations
No person shall emit or cause or permit to be caused any nuisance noise
clearly audible at a point of reception listed in "Schedule 1 - Prohibited Noise".
No person shall cause or permit to be caused any nuisance noise audible at a
point of reception listed in "Schedule 2 - Prohibited Noise" by Time and Place
where the noise occurs during the prohibited times specified in the schedule.
Notwithstanding any other provision in this by-law, a person may cause or
permit to be caused any nuisance noise audible at a point of reception provided
the noise is in connection with any of the activities listed in "Schedule 3 -
Exempted Noise".
Noise Control By-law
Notwithstanding any other provisions in this bylaw, a person may cause or
permit to be caused any nuisance noise audible at a point of reception in
connection with a legitimate emergency for the protection of the immediate
health, safety or welfare of the inhabitants of the Town or for the preservation
or protection of property or any Town infrastructure and critical Town services
as may be determined by the General Manager, Operations, the Fire Chief, the
Chief Building Official, the Chief Administrative Officer or an Officer.
3. Nuisance Noise Prohibited At Any Time
3.1 No person shall cause or permit any nuisance noise which is clearly audible at
the point of reception.
4. Exemptions by Council
4.1 Notwithstanding anything contained in this by-law, any person may, no later
than sixty (60) days prior to the date of which an exemption may be requested,
make a request to Council, in writing, to be granted an exemption for any of the
provisions of this by-law, and any such request for exemption shall contain the
following:
a. the name and address of the applicant;
b. the location of the event or activity for which the exemption is being
sought;
c. a description of the source of sound for which the exemption is being
sought;
d. the dates and period of time for which the exemption is being sought;
4.2 The Council of the Town of Arnprior may, by by-bylaw, grant the exemption
applied for or any exemption of lesser effect, or refuse to grant an exemption.
Any exemption granted shall specify the time period during which it is effective
and may contain such terms and conditions as the Council sees fit.
4.3 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.
4.4 Breach by the applicant of any of the terms or conditions of any exemption
granted by Council shall render the exemption null and void.
Noise Control By-law
5. Exemption - Municipal Construction Projects
5.1 That the General Manager, Operations is delegated the authority to grant an
exemption to any section of this by-law provided it relates to a Town of Arnprior
construction project, repair or activity, subject to the following conditions:
a. That each individual request be reviewed by the General Manager,
Operations prior to any work taking place during the requested hours to
determine if the request is justified;
b. That construction communication notices be sent to all members of
Council as well as surrounding residents and business owners within a
100 meter radius of the area where the municipal construction activity is
occurring advising them of the impending work at least two (2) calendar
days prior to the works being undertaken;
c. That the construction communication notices to residents and business
owners include contact information for the contractor;
d. That the General Manager, Operations monitor and investigate any
complaints regarding construction noise;
e. That the applicant take measures to minimize any unnecessary noise
such as idling of construction vehicles, unnecessary revving of engines,
use of airbrakes, and to maintain equipment in good working order
(including muffling devices) to minimize noise impacts or other measures
as may be prescribed by the General Manager, Operations; and
f. That no construction takes place on Statutory Holidays.
g. That all exemptions be issued in writing bearing the signature of the
General Manager, Operations, or authorized designate.
6. Vexatious Complaints
6.1 Where an officer has determined that a complaint has been filed for a malicious
or vexatious reasons, or as part of an ongoing pattern of harassment, and does
not involve a matter of serious health, safety or breach of the Noise By-law the
officer may cease the investigation and close the file with no further action
being taken.
Noise Control By-law
7. Severability
7.1 If a court of competent jurisdiction should declare any section or part of a
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. Penalty
8.1 Every person who contravenes any of the provisions of this by-law is guilty of
an offence and shall, upon conviction thereof, is liable to a fine, exclusive of
costs and every such fine is recoverable under in the Provincial Offences Act.
RSO 1990, c.P 33, as amended.
8.2 A person who is convicted of an offence under this by-law is liable, for each
day or part of a day that the offence continues, to a minimum fine of $250.00
and a maximum fine of $10,000.00 and the total of all of the daily fines for the
offence is $100,000.00 as provided for in subsection 429(3)2 of the Municipal
Act, 2001, S.O 2001, c.25, as amended.
9. Repeal
9.1 That By-law No. 5974-11 and any other by-laws, resolutions or parts of bylaws
or resolutions inconsistent with the provisions contained in this by-law are
hereby repealed.
10. Enactment
10.1 This by-law shall come into full force and take effect upon the passing thereof.
Enacted and passed this 27th day of November, 2017.
Original signed by
Tom Burnette, Deputy Mayor
Maureen Spratt, Town Clerk
Noise Control By-law
Appendix A - Quiet Zone
Noise Control By-law
Schedule1 - Nuisance Noise Prohibited
Allowing the persistent barking, calling, whining or other similar persistent
noise-making by any domestic pet or any other animal kept or used for any
purpose other than agriculture.
The revving of a motor vehicle engine or the squealing of tires as a result of the
operation of a motor vehicle.
The operation of a motor vehicle, motorized equipment, construction equipment
or pneumatic device without an exhaust muffling device in good working order.
The operation of a motor vehicle or a motor vehicle with a trailer resulting in
banging, clanking, squealing or other like sound due to improperly secured load
or equipment or inadequate maintenance;
The operation of a motor vehicle horn or other warning device except where
required or authorized by law or in accordance with good safety practices.
The use of engine air brakes or 'jack' brakes;
Unauthorized setting off of fireworks.
Noise Control By-law
Schedule 2 - Prohibited Noise by Time and Place
Table 1
Types of Noises
Quiet Zone
Residential
The operation of any
At all times
electronic devices or group
- Between 9:00 pm one
of connected electronic
devices incorporating one
or more loud speakers or
day and 7:00 am the
next day (Sunday to
Thursday).
other electromechanically
- Between 11:00 pm
transducers, and intended
Friday and 7:00 am the
for the production,
next day.
reproduction or
amplification of sound.
- Between 11:00 pm
Saturday and 9:00 am
the next day
- Before 9:00 am on
Statutory Holidays
The operation of any
At all times
auditory signaling device,
- Between 9:00 pm one
including but not limited to
the ringing of bells or
gongs and the blowing of
day and 7:00 am the
next day (Sunday to
Thursday).
horns or sirens or whistles,
- Between 11:00 pm
or the production,
Friday and 7:00 am the
reproduction or
next day.
amplification of any similar
sounds by electronic
- Between 11:00 pm
Saturday and 9:00 am
means except where
the next day
required or authorized by
law.
- Before 9:00 am on
Statutory Holidays
Noise Control By-law
Types of Noises
Quiet Zone
Residential
Yelling, shouting, hooting,
At all times
whistling or singing.
- Between 9:00 pm one
day and 7:00 am the
next day (Sunday to
Thursday).
- Between 11:00 pm
Friday and 7:00 am the
next day.
- Between 11:00 pm
Saturday and 9:00 am
the next day
- Before 9:00 am on
Statutory Holidays
The operation any property
maintenance equipment
- Between 9:00 pm
one day and 7:00 am
the next day
(Sunday to Friday).
- Between 9:00 pm
Saturday and 9:00
am the next day.
- Before 9:00 am on
Statutory Holidays
- Between 9:00 pm one
day and 7:00 am the
next day (Sunday to
Friday).
- Between 9:00 pm
Saturday and 9:00 am
the next day.
- Before 9:00 am on
Statutory Holidays
Noise Control By-law
Types of Noises
Quiet Zone
Residential
Loading, unloading,
delivering, packing,
- Between 9:00 pm
- Between 9:00 pm one
unpacking, or otherwise
handling any containers,
products, materials, or
one day and 7:00 am
the next day
(Sunday to
Thursday).
day and 7:00 am the
next day (Sunday to
Thursday).
refuse, whatsoever, unless
- Between 11:00 pm
necessary for the
- Between 11:00 pm
Friday and 7:00 am the
maintenance of essential
Friday and 7:00 am
next day.
services or the moving of
private household effects.
the next day.
- Between 11:00 pm
Saturday and 9:00
am the next day
- Before 9:00 am on
Statutory Holidays
- Between 11:00 pm
Saturday and 9:00 am
the next day
- Before 9:00 am on
Statutory Holidays
The operation of any
activity or equipment in
- Between 9:00 pm
- Between 9:00 pm one
connection with
construction or demolition
save and except pursuant
one day and 7:00 am
the next day
(Monday to
Saturday).
day and 7:00 am the
next day (Monday to
Saturday).
to Section 4 or where the
- Prohibited on Sundays
General Manager,
- Prohibited on
and Statutory Holidays
Operations has granted an
Sundays and
exemption pursuant to
Statutory Holidays
Section 5.
Noise Control By-law
Types of Noises
Quiet Zone
Residential
The operation of any
activity or equipment in
- Between 9:00 pm
- Between 9:00 pm one
connection with the
removal of dust and other
debris from private parking
one day and 7:00 am
the next day
(Sunday to
Thursday).
day and 7:00 am the
next day (Sunday to
Thursday).
lots abutting or sharing a
- Between 11:00 pm
property line with
- Between 11:00 pm
Friday and 7:00 am the
residential properties.
Friday and 7:00 am
the next day.
- Between 11:00 pm
Saturday and 9:00
am the next day
- Before 9:00 am on
Statutory Holidays
next day.
- Between 11:00 pm
Saturday and 9:00 am
the next day
- Before 9:00 am on
Statutory Holidays
Noise Control By-law
Schedule 3 - Exempted Noise
The use of bells or chimes normally associated with church activities;
Parades authorized by the Town of Arnprior.
Any special event held by the Town of Arnprior.
Any fireworks displays authorized or permitted by the Town and in compliance
with all applicable legislation including the Fireworks By-law.
All activities associated with the Arnprior Fair.
Sporting, recreational and entertainment events in public parks or town
buildings authorized by the Town of Arnprior.
Musical and other performances in public parks or town buildings authorized by
the Town of Arnprior.
Special neighbourhood social activities on streets or other public land
authorized by the Town of Arnprior.
Aviation activities at the Arnprior Airport.
Snow clearing, road maintenance, infrastructure repairs and road construction
vehicles and equipment operated by the Town of Arnprior or its agents and/or
contractors.
Any snow clearing or snow removal activities.
Sound emanating from the Fire Hall alarm, or the sirens of any emergency
vehicle, equipment or activities while engaged in providing emergency work or
responding to an emergency or during testing of the emergency warning siren.
Any reasonable noise resulting from the operation of a business activity
provided that such noise is part of the normal operation of the business and
provided that the business is operating in compliance with the Town's Zoning
By-laws and all other applicable by-laws.