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## 3704-2024 Noise By-Law
**BEING A BY-LAW TO PROHIBIT AND REGULATE NOISE WITHIN THE TOWNSHIP OF AUGUSTA**
Passed by Council April 15, 2024
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**THE CORPORATION OF THE TOWNSHIP OF AUGUSTA**
**BY-LAW NUMBER 3704-2024**
**BEING A BY-LAW TO PROHIBIT AND REGULATE NOISE WITHIN THE TOWNSHIP**
**OF AUGUSTA**
**WHEREAS**, Section 5(3) of the Municipal Act, 2001 S.O. 2001, c.25, as amended,
provides that Councilâs powers shall be exercised by By-Law; and
**WHEREAS** Section 128 of the Municipal Act, 2001, provides that a municipality may
prohibit and regulate with respect to public nuisances, including mailers that, in the
opinion of Council, are or could become or cause public nuisances; and
**WHEREAS** Section 129 of the Municipal Act, 2001, provides that a municipality may
pass By-Laws to prohibit and regulate noise; and
**WHEREAS** Section 425 of the Municipal Act, 20Q1, provides that a municipality may
create offences for the contravention of By-Laws; and
**WHEREAS** Section 429 of the Municipal Act, 2001, provides that a municipality may
establish a system of fines for offences; and
**WHEREAS** Council of the Township of Augusta deems it advisable to prohibit and
regulate the making of undue noise within the township.
**NOW THEREFORE BE IT RESOLVED THAT**, the Council of the Corporation of the
township of Augusta enacts as follows:
1. **DEFINITIONS**
"Agricultural Purposesâ means animal husbandry including the raising, boarding, and
keeping of all forms of livestock, and all related activities.
"Community Eventâ means an event open to the public and includes a public fair, public
exhibition, public celebration, public sporting event, public concert, or school event.
âConstruction Equipmentâ means any equipment or device designed and intended for use
in construction or material handling, including but not limited to hand tools, power tools,
air compressors, pile drivers, pneumatic or hydraulic tools, bulldozers, tractors,
excavators, trenchers, cranes, forklifts, derricks, loaders, scrapers, payers, generators,
off-highway haulers or trucks, ditchers, compactors or rollers, pumps, concrete mixers,
graders, and any other material handling equipment.
âCouncilâ means the Council of the Corporation of the Township of Augusta.
âElectronic Deviceâ means a device intended primarily for the production, reproduction, or
amplification of noise, including, but not limited to, musical instruments, radio receivers,
television receivers, recorders, phonographs, loudspeakers, amplifiers, microphones or
reproducers or any combination of such equipment, including devices used in the
reproduction of music, speech, or other noises.
"Lawn and Property Maintenance Equipmentâ means motorized or hand operated lawn
care equipment, including mowers, hedgers, aerators, augers, blowers, brush clearers,
brush cutters, dethatchers, edgers, pole saws, power rakes, compressors, chain saws,
woodchippers, high pressure washers, tillers, and other property or lawn maintenance
equipment, but does not mean equipment used exclusively for fertilizer, pesticide, or
herbicide application.
âMotor Vehicleâ means any private or commercial automobile, motorcycle, motorized
assisted bicycle, all-terrain vehicles, extreme terrain vehicle, multi-purpose off-road
vehicle, boat, farm tractor, road building machine, and includes any vehicle propelled. or
driven otherwise that requires a motor or engine to be movable.
âNoiseâ means any sound or vibration that is of such a volume or nature that is likely to
disturb any person in the Township.
âOEMâ means Original Equipment Manufacturer.
âOfficerâ shall mean the By-Law Enforcement Officer for the Township of Augusta as
appointed by Council, Police Officer, any other person or company directed by the Clerk
to enforce parts of this By-Law, agents and all other Enforcement Officers as may be
appointed by the Province of Ontario.
âPersistentâ means a noise that is continuously heard for a period of thirty (30) minutes or
more.
"Provincial Offenceâ means a provincial offence arising from a failure to comply with
municipal By-Laws chargeable under the Provincial Offences Act.
âPersonâ means any human being, firm, organization, agency, association, corporation,
or partnership that lives in or occupies a place located within the geographical jurisdiction
of the Township of Augusta.
âPoint of Receptionâ means any point on a property where noise originating from some
other property is received.
âPrivate Eventâ means an event not open to the public and includes a fair, exhibition.
celebration, sporting event, concert, or school event.
âTownshipâ means the Corporation of the Township of Augusta.
âZoning By-Lawâ means the Council approved By-Law governing zoning in accordance
with the Planning Act, as amended.
2. **GENERAL PROHIBITIONS**
2.1. No person shall emit, cause, or permit the emission of noise resulting from an act
set out in Schedule A that is likely to disturb any person in the Township at any
time
3. **PROHIBITIONS BY TIME**
3.1. No person shall emit, cause, or permit the emission of noise resulting from an act
set out within the prohibited time shown in Schedule B that is likely to disturb any
person in the Township.
4. **GENERAL EXEMPTIONS**
4.1 This By-Law shall not apply to a person who emits, causes, or permits the
emission of noise in connection with any of the activities listed in Schedule C,
attached hereto, of this By-Law.
5. **EXEMPTION APPLICATION**
5.1 Notwithstanding anything in this By-Law, any Person may request an exemption
to any provision of this By-Law within a minimum of 45 days prior to the
commencement of the event. The request shall be submitted to the Township
using the Temporary Exemption Application in Schedule D, and by providing the
non-refundable fee listed in Schedule E, An Officer may approve, decline, or
approve the request with conditions using Schedule D.
5.2.An exemption request shall be made for each individual event. Consecutive day
events shall be considered an individual event.
5.3. Exemption applications related to a Private or Community Event shall only be
extended to 01:00, on Friday, Saturday, or Statutory Holidays.
5.4. A breach of any of the terms or conditions of any exemption granted by the
Township shall render the exemption null and void.
5.5. If the Township refuses to grant an exemption application, it may be appealed to
Council through a delegation.
6. **ENTRY AND INSPECTION**
6.1.An Officer may at anytime, enter onto a property to determine whether this By
Law is being complied with, provided that any such entry be in accordance with
ss. 435-439 of the Municipal Act, 2001
7. **VALIDITY AND SEVERABILITY**
7.1. If any section, subsection, clause, paragraph or provision of this By-Law or parts
thereof are declared by a court of competent jurisdiction to be invalid,
unenforceable, illegal or beyond the powers of Council to enact, such a sectiqn,
subsection, clause, paragraph, provision or parts thereof shall be deemed to be
severable and shall not effect the validity or enforceability of any other provisions
of the By-Law as a whole or part thereof and all other sections of the By-Law shall
be deemed to be separate and independent there from and enacted as such.
7.2. Whenever any reference is made under this By-Law to a statute or regulation of
the Province of Ontario, such reference shall be deemed to include all
subsequent amendments to such statute or regulation and all successor
legislation to such legislation.
8. **ENFORECMENT & PENALTIES**
8.1.This By-Law shall be enforced by any Officer having jurisdiction in the Township.
8.2. No person shall obstruct or hinder or attempt to obstruct or hinder an Officer in
the exercise of a power or the performance of a duty under this By-Law.
8.3. In addition to any other remedy and to any penalty imposed by this By-Law, the
Officer or the Township may make an order prohibiting the continuation or
repetition of the offence by the Person, pursuant to Section 431 of the Municipal
Act, 2001.
8.3.1.1. An order under this section may be served personally to the person
to whom it is directed.
8.4.Any person who contravenes any provision of this By-Law shall be guilty of an
offence and upon conviction, shall be liable to a penalty as provided under the
Provincial Offences Act including set fines as set out in in Schedule âFâ.
8.5. In addition to any penalty imposed under this By-Law, a court in which a
conviction has been entered make thereafter make an order:
8.5.1. Prohibiting the continuation or repetition of the violation by the Person
convicted.
8.5.2. Require the Person convicted to correct the violation in the manner and
within the period that the court considers appropriate.
9. **Short Title**
9.1.This By-Law may be referred to as the âNoise By-Lawâ.
10.**GENERAL**
10.1. That Schedules âAâ, âBâ, âCâ, âDâ, âEâ, and âFâ shall constitute part of this By-Law.
10.2. That By-law 3646-2023 is hereby rescinded.
10.3. That this By-Law shall come into force and take effect on its passing.
**Read a first, second, and third time and finally passed this 15th day of April 2024.**
Signed by Mayor Jeff Shaver and Clerk Annette Simonian
**BY-LAW 3704-2024**
**SCHEDULE A**
**GENERAL PROHIBITIONS**
No person shall emit, cause, or permit the emission of noise resulting from an act set out
below that is likely to disturb any person in the Township at any time
1. The operation of any electronic device or group of connected electronic devices
incorporating one or more speakers, and intended for the production,
reproduction, or amplification of noise.
2. The operation of any construction equipment, combustion engine or pneumatic
device without an OEM specification exhaust or intake muffling device in good
working order and in constant operation.
3. Excessive revving of any motor vehicle engine except as required for by a
licensed mechanic at a place of business for automotive repair.
4. 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.
5. Persistent barking, calling, whining or noise of any domestic pet except an animal
used for agricultural purposes.
**BY-LAW 3704-2024**
**SCHEDULE B**
**PROHIBITIONS BY TIME**
No person shall emit, cause, or permit the emission of noise resulting from an act set
out below within the prohibited time shown that is likely to disturb any person in the
Township.
**BY-LAW 3704-2024**
**SCHEDULE C**
**GENERAL EXEMPTIONS**
This By-Law shall not apply to a person who emits, causes, or permits the emission of
noise in connection with any of the activities listed below
1. Emergency measures undertaken for the immediate health, safety, or welfare of
any person, or the preservation or restoration of property.
2. Sirens, bells or noise associated with emergency services, essential services, and
all other activities conducted by the Municipal, Federal or Provincial Governments,
any utility provider, or their agents associated with the provisions of maintenance
of essential services.
3. The activities of snow plowing, snow blowing and/or snow removal.
4. Measures undertaken where the Township, its servants, employees, contractors,
or agents are carrying out Township operations or operating, maintaining, or
installing Township-owned infrastructure, facilities, or the like.
5. Audible pedestrian signals.
6. The performance of any use permitted in a Commercial or Industrial zone as
defined in the Zoning By-Law, and further that the Noise generated is pursuant to
work done in the normal manner or in order to maintain continuous operation, and
that the work does not contravene any Municipal, Federal or Provincial
Governments laws or regulations.
7. The use of church bells, chimes or carillons normally associated with religious,
traditional, and festive activities and the ringing of bells, blowing, or sounding of
any horn, yelling, shouting, hooting, or hollering at a community or private events
during permitted times.
8. Noise related to activities permitted under a Township approved exemption
application.
9. Aircraft, airports, trains, and railways subject to regulation by Municipal, Federal or
Provincial Governments
10. Generators in use due to power outages or required testing where electricity is
normally supplied by an electrical provider such as Hydro One.
11. Normal farm practices in accordance with the Farm Practices Protection Act and
any amendments thereto.
BY-LAW 3704-2024
SCHEDULE D
TEMPORARY EXEMPTION APPLICATION
Application for temporary exemption permit to the Noise By-Law.
Applicantâs Name:
Applicants Address:
Applicantâs Phone Number:
Applicantâs Email
Group or Organization
Event Type:
Date, Time, and Location of Event:
Description of Event â Include the source of noise in respect of which the exemption is
being requested:
Office Use Only:
$25 Fee Paid Tender: Invoice #:
Date:\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Approved Declined
Approved with the following conditions:
Officer Name (Print)
Date
Officer Signature
**THE CORPORATION OF THE TOWNSHIP OF AUGUSTA**
**BY-LAW 3704-2024**
**A BY-LAW TO PROHIBIT AND REGULATE NOISE**
**SCHEDULE E â FEES**
Item: 1
Reason for Fee: Exemption Application - Per Event
Non-Refundable Fee: $25
**THE CORPORATION OF THE TOWNSHIP OF AUGUSTA**
**PART I PROVINCIAL OFFENCES ACT**
**BY-LAW 3704-2024**
**A BY-LAW TO PROHIBIT AND REGULATE NOISE WITHIN THE TOWNSHIP OF**
**AUGUSTA SCHEDULE âFâ â SET FINES**
Note: The general penalty provision for the offences listed above is Section 8.4 of By
Law 3704-2024, certified copy of which has been filed.
Dated: April 18, 2024
Electronic Signature:
W. Vincent Clifford
Regional Senior Justice
Ontario Court of Justice - East Region
April 18, 2024
[email protected]
Township of Augusta
3560 County Road 26
Prescott ON K0E 1T0
**Attention: Annette Simonian, Clerk**
Dear Annette Simonian:
**Re: Set Fines â Provincial Offences Act â Part I** **By-Law No. 3704-2024: Noise**
Enclosed herewith is the original Order (Part I) dated April 18, 2024, and original schedule of set
fines for By-Law No. 3704-2024, the By-Law indicated in the schedule.
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 Office,
which has jurisdiction for the Township of Augusta.
Yours truly,
W. Vincent Clifford
Regional Senior Justice
Ontario Court of Justice
East Region
/nl
Enclosures
c.c.: Melissa Adams
Crown Counsel, Crown Law Office - Criminal
Municipal Set Fines
**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 Municipal By-law No. 3704-2024, of the Township of Augusta
attached hereto is the set fine for that offence. This Order is to take effect on
April 18, 2024.
Dated at Ottawa, this 18th day of April 2024.
Electronic Signature:
W. Vincent Clifford
Regional Senior Justice
Ontario Court of Justice
East Region
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