This is the exact embedded text of the captured official document.
Snapshot f85f7b6b75f7 · verified 2026-10-18 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
1 | P a g e
THE CORPORATION OF THE
MUNICIPALITY OF ARRAN-ELDERSLIE
BY-LAW NO. 13-2024
Being a By-law to Prohibit and Regulate Noise within
the Municipality of Arran-Elderslie
WHEREAS Section 128 of the Municipal Act, 2001, S.O. 2001, c.25, as amended (the
"Municipal Act, 2001"), authorizes a local municipality to prohibit and regulate with respect
to public nuisances, including matters that, in the opinion of Council, are or could become
or cause public nuisances;
AND WHEREAS excessive sound and inadequately controlled noise may impair public
health, safety and welfare, and may become a nuisance;
AND WHEREAS Section 129 of the Municipal Act, 2001 provides authority for municipalities
to prohibit and regulate with respect to noise, vibration, odour, dust and outdoor
illumination;
AND WHEREAS Section 425 of the Municipal Act, 2001 authorizes a municipality to pass by-
laws providing that a person who contravenes a by- law of the municipality passed under
that Act is guilty of an offence;
AND WHEREAS Section 436 of the Municipal Act, 2001 authorizes a municipality to pass by-
laws providing that the municipality may enter on land for the purpose of carrying out
inspections, to determine compliance with a by-law, direction, order or condition of a
license passed or made under that Act;
NOW THEREFORE the Council of The Corporation of the Municipality of Arran-Elderslie enacts
as follows:
1.0
DEFINITIONS
In this By-law, unless the context otherwise requires:
"Amplified Sound" means any sound made by any electronic device or a group of
connected electronic devices incorporating one or more loudspeakers or other
electromechanical transducers, and intended for the production, reproduction or
amplification of sound;
"Clerk" means the Clerk of The Corporation of the Municipality of Arran-Elderslie, or
their delegate;
By-Law No. 13-2024
Prohibit and Regulate Noise
"Construction" means the erection, alteration, repair, painting, maintenance,
relocation, demolition or removal of a building or other structure and includes all land
clearing, landscaping, earth moving, grading, excavating, all public works activities,
the erection or laying of lines, cable, pipes and conduit (whether above or below
ground level), street building, paving, concreting and similar activities on a site and
the installation, alteration or removal of construction equipment, components and
materials in any form or for any purpose, and any work being done 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, trucks, ditchers, compactors and rollers, pumps, concrete mixers,
graders or other material handling equipment;
"Council" means the Council of The Corporation of the Municipality of Arran-Elderslie;
"County" means The Corporation of the County of Bruce;
"Emergency" means a situation or an impending situation, often dangerous, caused
by the forces of nature, an accident, an intentional act or otherwise, which arises
suddenly and calls for prompt action;
"Fireworks", for the purposes of this By-law, shall have the same meaning as defined
in the Fireworks By-Law 13-2024, as amended;
"Motor Vehicle" includes an automobile, a motorcycle, a motor assisted bicycle, and
any other vehicle propelled or driven otherwise than by muscular power, but does
not include a street car or other motor vehicle running only upon rails, a power-
assisted bicycle, a motorized snow vehicle, a traction engine, a farm tractor, a self-
propelled implement of husbandry or a road-building machine;
"Municipal By-law Enforcement Officer" means a person appointed by Council to
enforce the by-laws of The Corporation of the Municipality of Arran-Elderslie pursuant
to section 15 of the Police Services Act, R.S.O. 1990, c. P.15, as amended;
"Municipality " means The Corporation of the Municipality of Arran-Elderslie;
"Officer" means a person appointed by Council as a Municipal By-law Enforcement
Officer or a Police Officer;
"Persistent" means any noise that is continuously heard for a period of ten (10) minutes
or more or intermittently over a period of one (1) hour or more;
By-Law No. 13-2024
Prohibit and Regulate Noise
"Person" means an individual or corporation;
"Pit" and/or "Quarry" means land from which unconsolidated aggregate is being or
has been excavated and or stored, and that has not been finally rehabilitated;
"Point of Reception" means:
i.
any Premises or location where sound is received, other than the
Premises from which the sound originates; or
ii.
any place on a highway where sound is received;
"Police Force" means the Ontario Provincial Police or a municipal police force; and,
"Premises" means a parcel of land and includes any buildings and structures on the
land.
2.0
OPINION OF COUNCIL
2.1
Without limiting the generality of Section 3 of this By-law, the noises which Council
hereby deem to be noises likely to disturb the inhabitants of the Municipality include
the noises from the sources, and at the times, described in Schedule "A".
3.0
GENERAL PROHIBITION
3.1
No Person shall, at any time, ring any bell, blow any horn, shout or make any noise
likely to disturb the inhabitants of the Municipality, if audible at a Point of Reception.
4.0
NOISE FROM INDUSTRIAL SOURCES
4.1
Nothing in this by-law shall be interpreted to authorize the making of any noise where
the same would be a contravention of the Environmental Protection Act, R.S.O. 1990,
c. E.19, as amended.
5.0
EXCEPTIONS
5.1
The provisions of this By-law shall not apply to any noise caused by:
a)
the Municipality, the County or a Police Force;
b)
the sound of a church bell or chime;
c)
audible traffic signals;
By-Law No. 13-2024
Prohibit and Regulate Noise
d)
the use of Motor Vehicles and Construction Equipment when utilized for the
clearing and the removal of snow from public or private property, including
plowing, salting, and removing snowbanks;
e)
events that are conducted pursuant to a permit, license, rental agreement or
otherwise approved by the Municipality; or,
f)
activities or work specifically exempted from this By-law in accordance with
section 6.0, provided any conditions or requirements as may be imposed by
are observed or met.
6.0
TEMPORARY NOISE PERMIT
6.1
A Person may apply to the Clerk to be granted an exemption from any of the
provisions of this By-law by the issuance of a temporary noise permit.
6.2
The application for the issuance of a temporary noise permit shall be made in writing
at least ten (10) days prior to the commencement of the requested exemption and
shall contain:
a)
the name and address of the applicant;
b)
a description of the source of noise in respect of which exemption is sought;
c)
a statement of the particular provision or provisions of the By-law from which
exemption is sought;
d)
the period of time for which the exemption is sought;
e)
the reason why the exemption should be granted; and,
f)
any other information as requested or required by the Clerk.
6.3
In determining whether to grant an exemption by way of a temporary noise permit,
the Clerk shall:
a)
determine whether the applicant has provided all the information required by
section 6.2;
b)
determine whether the applicant has complied with all of the terms and
conditions of approval of any previous temporary noise permit issued to the
applicant, if any;
c)
consider any negative effects the issuance of the temporary noise permit may
have on neighbouring properties or the Municipality; and
By-Law No. 13-2024
Prohibit and Regulate Noise
d)
consider any benefits the issuance of the temporary noise permit may have for
neighbouring properties or the Municipality.
6.4
The Clerk may grant a temporary noise permit, refuse to grant a temporary noise
permit or grant a temporary noise permit subject to conditions as outlined in section
6.5 of this By-law.
6.5
The Clerk, in granting temporary noise permits, may impose conditions on temporary
noise permits including, but not limited to:
a)
the type and volume of noise that may be made;
b)
the times during which the exemption applies;
c)
the date of expiry of the temporary noise permit;
d)
requiring the posting of security prior to the activity; and
e)
requiring that the applicant, Municipal staff or a professional engineer monitor
the noise levels resulting from the event or activity and requiring a report of the
findings to be filed with the Municipality within thirty (30) days of the event or
activity, all at the applicant's expense.
6.6
Any temporary noise permit issued by the Clerk under this By-law shall expire on the
date set out on the temporary noise permit, or if no date is set out on the temporary
noise permit, the permit shall expire forty-eight (48) hours after its issuance.
6.7
Any breach by the holder of the temporary noise permit of any of its terms or
conditions shall render the temporary noise permit immediately null and void.
6.8
Every holder of a temporary noise permit shall comply with the terms and conditions
of the temporary noise permit.
7.0
ENFORCEMENT AND RIGHT OF ENTRY
7.1
This By-law may be enforced by an Officer.
7.2
An Officer may, at all reasonable times, enter upon any Premises, other than inside a
dwelling, to ascertain whether the provisions of this By-law are being observed or to
enforce this By-law.
7.3
No person shall obstruct or hinder or attempt to obstruct or hinder an Officer or other
authorized employee or agent of the Municipality in the exercise of a power or the
performance of a duty under this By-law.
By-Law No. 13-2024
Prohibit and Regulate Noise
7.4
Where an Officer has reasonable grounds to believe that an offence under this By-
Law has been committed by a Person, the Officer may require the name, address,
and proof of identity of that Person.
8.0
PENALTY
8.1
Any person who contravenes any provision of this by-law is guilty of an offence and,
upon conviction, is liable for a fine pursuant to the Provincial Offences Act, R.S.O.
1990, c.P.33, as amended.
9.0
SEVERABILITY
9.1
If any section, clause or provision of this By-law is for any reason declared by a Court
of competent jurisdiction to be invalid, the same shall not affect the validity of the
By-law as a whole or any part thereof, other than the section, clause or provision so
declared to be invalid and it is hereby declared to be the intention of Council that
the remaining sections, clauses or provisions of the by-law shall remain in full force
and effect until repealed, notwithstanding that one or more provisions of this by-law
shall have been declared to be invalid.
10.0 REPEAL
10.1 By-law 61-09 is hereby repealed on the date this By-law comes into force and effect.
11.0 ENACTMENT
11.1 This By-law shall come into force and effect on the date that it is passed.
*****
READ a FIRST and SECOND time this 26th day of February, 2024.
READ a THIRD time and finally passed this 26th day of February, 2024.
Original Signed By
Original Signed By
______________________________________ _____________________________________
Steve Hammell, Mayor
Christine Fraser-McDonald, Clerk
SCHEDULE "A"
To By-law No. 13-2024
Particulars of Noise
Prohibited Times
1
The operation of any Construction
Equipment without the originally
installed muffling devices or their
equivalent in good working order and
in constant operation.
At any time
2
The operation of any Construction
Equipment in connection with
Construction activities.
7:00 p.m. one day to 7:00 a.m. the next day
Saturday, Sunday and Statutory Holiday
7:00 p.m. one day to 9:00 a.m. the next day
3
The detonation of unpermitted
Fireworks.
At any time
4
The operation of a combustion engine
which is used as a toy or model or
replica, which is not a vehicle.
Monday to Friday
7:00 p.m. one day to 7:00 a.m. the next day
Saturday, Sunday and Statutory Holiday
9:00 p.m. one day to 9:00 a.m. the next day
5
The operation of any Motor Vehicle
other than on a highway or other place
where its operation is permitted by all
applicable legislation.
At any time
6
The venting, release or pressure relief of
air, steam or other gaseous material,
product or compound from any
autoclave boiler, pressure vessel, pipe,
valve, machine, device, or system.
Monday to Friday
7:00 p.m. one day to 7:00 a.m. the next day
Saturday, Sunday and Statutory Holiday
9:00 p.m. one day to 9:00 a.m. the next day
7
The operation of any domestic power
tool other than for snow removal.
Monday to Friday
7:00 p.m. one day to 7:00 a.m. the next day
Saturday, Sunday and Statutory Holiday
9:00 p.m. one day to 9:00 a.m. the next day
8
The operation of solid waste bulk lift or
refuse compacting equipment.
Monday to Friday
7:00 p.m. one day to 7:00 a.m. the next day
Saturday, Sunday and Statutory Holiday
7:00 p.m. one day to 9:00 a.m. the next day
9
Persistent yelling, whistling, singing,
speaking or the playing of instruments
at such a volume that it is audible off
the property from which it originates at
any point of reception.
At any time
10 The operations of a sound-emitting pest
control device.
Monday to Friday
7:00 p.m. one day to 7:00 a.m. the next day
Saturday, Sunday and Statutory Holiday
9:00 p.m. one day to 9:00 a.m. the next day
11
The operations of a Motor Vehicle in
such a way that the tires squeal.
At any time
12
The operation of any combustion
engine without an effective exhaust
muffling device in good working order
and in constant operation.
At any time
13
The Persistent barking, calling or whining
or other similar Persistent noisemaking
by animals and birds kept as household
pets.
At any time
14
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, or
the production, reproduction or
amplification of any similar sounds
except where required or authorized in
accordance with good safety practices
or for accessibility purposes.
At any time
15
Amplified Sound, including amplified
music, entertainment, or advertising at
such a volume that it is audible off the
property from which it originates at any
point of reception.
Monday to Thursday
9:00 p.m. one day to 7:00 a.m. the next day
Friday, Saturday, Sunday and Statutory Holiday
10:00 p.m. one day to 9:00 a.m. the next
day
16
Operation of a Pit or Quarry or salvage
yard, except where a provincial
approval provides otherwise.
Monday to Friday
7:00 p.m. one day to 7:00 a.m. the next day
Saturday, Sunday and Statutory Holiday
7:00 p.m. one day to 9:00 a.m. the next day
OFFICE OF THE REGIONAL SENIOR JUSTICE
ONTARIO COURT OF JUSTICE
WEST REGION
80 DUNDAS STREET, 10th FLOOR, UNIT L
LONDON, ONTARIO N6A 6A8
OO
CABINET DU JUGE PRINCIPAL RÉGIONAL
COUR DE JUSTICE DE L'ONTARIO
RÉGION DE L'OUEST
80, RUE DUNDAS, 10e ÉTAGE, UNITÉ L
LONDON (ONTARIO) N6A 6A8
TELEPHONE/TÉLÉPHONE (519) 660-2292
FAX/TÉLÉCOPIEUR (519) 660-3138
May 1, 2024
Julie Hamilton
1925 Bruce Road 10
PO Box 70
Chesley, ON N0G 1L0
Dear Ms Hamilton
Re: Set Fines - Provincial Offences Act - Part 1 By-law 13-2024, Noise By-
Law
Enclosed herewith is the Part 1 original Order and original schedule of set fines for
the above referenced Bylaw, the Bylaw indicated in the schedules.
The setting of the fines does not constitute my approval of the short form of wording
used to describe the offences.
Please ensure that a copy of the said documents is forwarded to the Provincial
Offences Court in Owen Sound, together with a certified copy of the Bylaw.
Yours truly,
M. Edward Graham
Regional Senior Justice
Ontario Court of Justice
Encl.
/tz
ONTARIO COURT OF JUSTICE
PROVINCIAL OFFENCES ACT
PART I
IT IS ORDERED pursuant to the provisions of the Provincial Offences Act and
the rules for the Ontario Court of Justice that the amount set opposite each
of the offences in the schedule of offences under the Provincial Statutes
and Regulations thereunder and By-law 13-2024 of the Municipality of
Arran-Elderslie attached hereto are the set fines for those offences. This
Order is to take effect May 1, 2024.
Dated at London this 1st day of May 2024.
M. Edward Graham
Regional Senior Justice
Ontario Court of Justice
THE CORPORATION OF THE MUNICIPALITY OF ARRAN-ELDERSLIE
PART I Provincial Offences Act
By-law No. 13-2024: Prohibit and Regulate Noise within the Municipality of Arran-Elderslie
ITEM
COLUMN 1
Short Form Wording
COLUMN 2
Provision creating or defining
offence
COLUMN 3
Set Fine
1
Ring bell
s.3
$200.00
2
Blow horn
s.3
$200.00
3
Shout
s.3
$200.00
4
Make noise likely to disturb
s.3
$200.00
5
Noise, operate construction
equipment without muffler
s.2.1, Schedule A (1)
$200.00
6
Noise, operate construction
equipment at prohibited time
s.2.1, Schedule A (2)
$200.00
7
Noise, detonation of unpermitted
fireworks at prohibited time
s.2.1, Schedule A (3)
$200.00
8
Noise, operation of model
combustion engine at prohibited
time
s.2.1, Schedule A (4)
$200.00
9
Noise, operate motorized vehicle
at prohibited time
s.2.1, Schedule A (5)
$200.00
10
Noise, venting at prohibited time
s.2.1, Schedule A (6)
$200.00
11
Noise, operate power tool at
prohibited time
s.2.1, Schedule A (7)
$200.00
12
Noise, operate bulk lift at
prohibited
time
s.2.1, Schedule A (8)
$200.00
13
Noise, operate refuse compacting
equipment at prohibited time
s.2.1, Schedule A (8)
$200.00
14
Noise, persistent yelling, shouting
or
similar sounds
s.2.1, Schedule A (9)
$200.00
15
Noise, operate pest control device
at prohibited time
s.2.1, Schedule A (10)
$200.00
16
Noise, squeal tires
s.2.1, Schedule A (11)
$200.00
17
Noise, operate engine without
muffler
s.2.1, Schedule A (12)
$200.00
18
Noise, persistent barking or
noisemaking by a pet
s.2.1, Schedule A (13)
$200.00
19
Noise, operate signaling device at
prohibited time
s.2.1, Schedule A (14)
$200.00
20
Noise, amplified sound at
prohibited time
s.2.1, Schedule A (15)
$200.00
21
Noise, operation of a pit or quarry
at prohibited time
s.2.1, Schedule A (16)
$200.00
22
Fail to comply with temporary
noise
permit
s.6.8
$200.00
23
Obstruct officer or authorized
employee
s.7.3
$200.00
NOTE: The penalty provision for the offences indicated above is contained in Section 8 of By-Law No. 13-
2024, a certified copy of which has been filed.