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BY-LAW 60-23
OF THE CORPORATION OF THE TOWN OF AYLMER
Being a By-law to control noise within the Town of Aylmer.
________________________________________________________________________
WHEREAS Section 128 of The Municipal Act 2001, S.O. 2001, c. 25, as amended,
provides authority for municipalities 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 Section 129 of The Municipal Act, 2001, S.O. 2001, c. 25, as
amended, provides authority for municipalities to prohibit and regulate noise;
AND WHEREAS Section 391 of The Municipal Act, 2001. S.O. 2001, c. 25, as
amended, provides authority for municipalities to pass by-laws imposing fees and
charges on any class of persons for services or activities provided or done by or on
behalf of it;
AND WHEREAS Subsection 11(1) and 11 (2) 5,6,7,8 and 9 of The Municipal Act, 2001,
S.O. 2001, c. 25, as amended, provides authority to lower-tier municipalities to pass by-
laws respecting these matters;
AND WHEREAS Section 447.8(1) of The Municipal Act, 2001, S.O. 2001, c. 25, as
amended, provides authority that by by-law municipalities may adopt by reference, in
whole or in part, any standard or regulation as it stands at the time of adoption or as
amended from time to time;
AND WHEREAS the people have a right to and should be assured an environment free
from unusual, unnecessary, or excessive noise which may degrade the quality and
tranquility of their life or cause nuisance;
AND WHEREAS Council deems it necessary and expedient to regulate or prohibit noise
within the municipality which is likely to disturb the inhabitants and become a public
nuisance;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF
AYLMER HEREBY ENACTS AS FOLLOWS:
1. DEFINITIONS
1.1. "Business Area" means those areas within the municipality which are not
Residential Areas or Open Space Areas as defined in this by-law;
1.2. "Town" means the Corporation of the Town of Aylmer;
1.3. "Clerk" means the Town Clerk appointed by Council pursuant to Section 228 of
the Municipal Act, 2001, S.0.2001, c.25, as amended;
1.4. "Construction" means erection, construction, 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, 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;
1.5. "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, pneumatics or hydraulic tools, power and hand
tools, bulldozers, tractors, excavators, trenchers, cranes, derricks, loaders,
scrapers, pavers, generators, off-highway haulers or trucks, ditchers, compactors
and roller pumps, concrete mixers, graders, or other material handling
equipment;
1.6. "Council" means the Council of the Corporation of the Town of Aylmer;
1.7. "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;
1.8. "Inhabitants" means one or more Persons who reside in the municipality and also
includes a Person who is in the municipality for any reason;
1.9. "Motor Vehicle" includes an automobile, motorcycle, and any other vehicle or
conveyance propelled or driven otherwise than by muscular power, but does not
include trains, locomotives or the cars of electric 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, all within
the meaning described in the Highway Traffic Act;
1.10. "Municipality" means any area within the geographic boundaries of the Town of
Aylmer;
1.11. "Noise" means unwanted sound;
1.12. "Noise Control Officer" means:
1.12.1. Any police officer having jurisdiction; or
1.12.2. A Noise Control Officer appointed by by-law by Council;
1.13. "Open Space Area" means those zones within the municipality specified as
hazard land, natural heritage or open space in the Town's Zoning By-law as
amended;
1.14. "Person" means an individual and also a corporation incorporated under the laws
of Canada or of any province of Canada;
1.15. "Point of Reception" means any point on the premises occupied by a person
where sound originating from other than those premises is received;
1.16. "Premise" means a house, a building or part thereof and a unit within same, with
grounds and appurtenances where applicable;
1.17. "Residential Area" means those zones within the Municipality specified as
residential in the Town's Zoning By-law as amended, including non-residential
uses within a residential zone;
1.18. "Special Event" means any event authorized by Council via an approved request
to Council for a Noise By-law Exemption; and,
1.19. Publications referred to in this by-law with the preface "NPC" are specific
numerically identified publications issued by the Ontario Ministry of the
Environment, Conservation and Parks as amended by said Ministry from time to
time.
2. PROHIBITIONS
2.1. No Person shall emit Noise, or cause or permit the emission of Noise that is
likely to disturb the Inhabitants.
2.2. Without limiting the generality of Section 2.1, no Person shall emit or permit the
emission of Noise, which is clearly audible at a Point of Reception, resulting from
the following which shall be deemed to be unreasonable Noise, or Noise that is
likely to disturb the Inhabitants:
2.2.1. The racing of any Motor Vehicle other than in a racing event regulated by
rules set out by a regulatory organization and staged in compliance with
applicable laws;
2.2.2. The operation of a Motor Vehicle in such a way that the tires squeal;
2.2.3. The operation of a Motor Vehicle, an engine, a motor or Construction
Equipment without an effective exhaust or intake sound-muffling device, or
other sound attenuation device, which is in good working order, in constant
operation and of a type specified by the manufacturer;
2.2.4. The operation of a Motor Vehicle or Motor Vehicle with a trailer resulting in
banging, clanking, squealing, or other like sounds due to improperly
secured load or equipment or inadequate maintenance;
2.2.5. The operation of an engine or motor in, or on, any Motor Vehicle or item of
auxiliary equipment attached to a Motor Vehicle for a continuous period
exceeding five (5) minutes while such vehicle is stationary in a Residential
Area except as permitted in Section 4.6;
2.2.6. 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; or
2.2.7. The operation of any item of Construction Equipment in a Residential Area
without effective sound-muffling devices in good working order and in
constant operation.
3. QUANTITATIVE LIMITATIONS
3.1. No Person shall cause or permit the emission of Noise from a stationary source
such that the level of sound from that source at a Point of Reception located in a
Residential Area exceeds the applicable sound level limit prescribed in
Publication NPC-300 "Environmental Noise Guideline", as amended.
3.2. No Person shall cause or permit the emission of Noise from the operation of a
residential air-conditioning device of a type referred to in Publication NPC-216
"Residential Air Conditioning Devices", as amended, resulting in a sound level
at a Point of Reception located in a Residential Area in excess of the applicable
sound level limit set out in Publication NPC-216 unless the device is properly
maintained and one of the following applies:
3.2.1. The device was manufactured prior to January 1, 1979;
3.2.2. The device bears a label affixed by the manufacturer or distributor which
states the year of manufacture and that the device when new complied
with the sound emission standard set out in Publication NPC-216 -
"Residential Air Conditioning Devices", as applicable to that type of device
and date of manufacture; or
3.2.3. The owner, operator, manufacturer or distributor provides proof that the
device when new complied with the sound emission standard set out in
Publication NPC-216 - "Residential Air Conditioning Devices", as
applicable to that type of air conditioner and date of manufacture.
3.3. No Person shall emit or permit the emission of Noise resulting from an act listed
in Schedule A to this By-law if clearly audible at a Point of Reception located in
any area of the Municipality within a time period when that Noise is prohibited in
the area where the Point of Reception is located, as set out in Schedule A to this
By-law.
4. EXEMPTIONS
4.1. Notwithstanding any provisions of this By-law, it shall be lawful to emit Noise or
cause or permit the emission of Noise in connection with emergency measures
undertaken:
4.1.1. For the immediate health, safety or welfare of the Inhabitants;
4.1.2. For the preservation or restoration of property, unless such Noise is clearly
of a longer duration or nature more disturbing than is reasonably
necessary for the accomplishment of such emergency purpose;
4.1.3. For the immediate health, safety or welfare of the Inhabitants under
emergency circumstances; or
4.1.4. For any emergency requiring immediate action for the Construction,
preservation, restoration or demolition of any public highway.
4.2. Notwithstanding any provisions of this By-law, it shall be lawful to emit or cause
or permit the emission of Noise in connection with:
4.2.1. The operation of machinery or tools by or on behalf of a public utility where
work needs to be done to minimize service interruptions;
4.2.2. The operation of a facility, industry or other source developed, operated,
maintained or permitted in accordance with a Certificate of Approval,
permit or order issued under the Environmental Protections Act, R.S.O. c.
E.19 that addresses the sound as a source of contamination;
4.2.3. The operation of Construction Equipment for Construction, re-construction
or repairs of Town infrastructure;
4.2.4. Activities that are integral to the operation of a railway operating within the
legislative authority of parliament.
4.3. Excepting those Noises specifically described in Section 2.2 of this By-law, any
level of sound at a Point of Reception which is below the limit set out in a
Technical Noise Control Publication published by the Ministry of the
Environment, Conservation and Parks shall be deemed not to be noise for the
purpose of this By-law.
4.4. Notwithstanding any provisions of this By-law, it shall be lawful to emit or cause
or permit the emission of Noise in connection with the normal operation of
educational institutions during regular business hours and/or during school
authorized activities.
4.5. Notwithstanding any provisions of this By-law, it shall be lawful to emit or cause
or permit the emission of Noise in connection with a Special Event.
4.6. Notwithstanding Subsection 2.2.5, such continuous operation of an engine or
motor in, on or attached to a Motor Vehicle may be permitted for a period
exceeding five (5) minutes where:
4.6.1. The original equipment manufacturer specifically recommends a longer
idling period for normal and efficient operation of the Motor Vehicle in
which case such recommended period shall not be exceeded;
4.6.2. Operation of such engine or motor is essential to a basic function of the
vehicle or equipment, including but not limited to operation of ready-mixed
concrete trucks, lift platforms and refuse compactors;
4.6.3. Weather conditions justify the use of heating or refrigerating systems
powered by the motor or engine for the safety and welfare of the operator,
passengers or animals, or the preservation of perishable cargo;
4.6.4. Prevailing low temperatures make a longer idling period necessary
immediately after starting the motor or engine; or,
4.6.5. The idling is for the purpose of cleaning and flushing the radiator and
associated circulation system for seasonal change of antifreeze, cleaning
of the fuel system, carburetor or the like when such work is performed
other than for profit.
4.7. Notwithstanding any provisions of this By-law, any Person may make an
application to Council to request an exemption from any of the provisions of this
By-law with respect to any source of Noise for which they might be prosecuted.
4.7.1. The application shall be made in writing to the Clerk at least ninety (30)
days prior to the proposed date of the event or of the commencement of
the proposed activity and shall include:
4.7.1.1. The name, address, and contact information of the applicant;
4.7.1.2. A description of the source and location of the Noise in respect of
which exemption is sought;
4.7.1.3. A statement of particular provision or provisions of this By-law from
which exemption is being sought;
4.7.1.4. The period of time, of a duration not in excess of six months, for
which the exemption is sought;
4.7.1.5. The reason why the exemption should be granted;
4.7.1.6. If applicable, a statement of the steps, if any, planned or presently
being taken to bring about compliance with the By-law;
4.7.1.7. Payment of the exemption-processing fee, if any, in the amount set
by Council and in effect at the time of such exemption request.
4.7.2. Council, by resolution, may grant, modify or refuse to grant any exemption
applied for under Subsection 4.7.1, or grant any exemption of lesser effect,
having had regard for the report of the Noise Control Officer and any
delegation represented at the public meeting.
4.7.3. No applicant who has been granted such an exemption shall fail to comply
with any of the terms or conditions of the exemption. Breach by the
applicant of any of the terms or conditions of the exemption granted under
Section 4.7 shall also render the exemption null and void.
4.7.4. Every exemption granted by Council shall be conditional upon continual
compliance with the terms and conditions specified in the grant of
exemption. Notwithstanding any other provision of this By-law the Council
may revoke an exemption or suspend an exemption granted under Section
4.7 where Council, in its discretion, determines that specified terms of
conditions of the exemption have not been complied with.
5. ENFORCEMENT & ADMINISTRATION
5.1. Every Person who contravenes any of the provisions of this by-law is guilty of an
offence and upon conviction is liable to a fine as provided for in the Provincial
Offences Act, R.S.O. 1990, c. P.33, as amended. A director or officer of a
corporation who knowingly concurs in the contravention of this by-law is guilty of
an offence.
5.2. Pursuant to the Provincial Offences Act, R.S.0.1990, c. P.33:
5.2.1. Any Person upon summary conviction shall be liable to set fines for
offences listed in Schedule "B" to this By-law, or if otherwise convicted is
liable:
5.2.1.1. Upon a first conviction, to a minimum fine of $175.00 and a maximum
fine of not more than $5,000.00, and
5.2.1.2. Upon any subsequent conviction, to a minimum fine of $500.00 and a
maximum fine of not more than $10,000.00.
5.3. Notwithstanding Section 5.2, where the Person convicted is a corporation, the
corporation is liable:
5.3.1. Upon a first conviction, to a minimum fine of $175.00 and a maximum fine
of not more than $10,000.00, and
5.3.2. Upon any subsequent conviction, to a minimum fine of $1,000.00 and a
maximum fine of not more than $25,000.00.
5.4. If this By-law is contravened and a conviction entered, in addition to any other
remedy and to any penalty imposed by this By-law, the court in which the
conviction has been entered and any court of competent jurisdiction thereafter
may make an order prohibiting the continuation or repetition of the offence by
the Person convicted.
5.5. The provisions of this By-law shall be enforced by a Noise Control Officer. 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, including carrying
out an inspection.
5.6. In addition to issuing a notice of offence or any other applicable enforcement
measures, if a Noise Control Officer is satisfied that this By-law has been
contravened, the Noise Control Officer may make an Order to Discontinue
Activity, 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 contravention.
5.6.1. An Order to Discontinue Activity shall set out:
5.6.1.1. The municipal address of the property on which the contravention
occurred;
5.6.1.2. The date of the contravention
5.6.1.3. The reasonable particulars of the contravention of this By-law; and
5.6.1.4. The date by which there must be compliance with the Order.
5.6.2. The Order to Discontinue Activity may be served personally on the Person
to whom it is directed or by regular mail to the last known address of that
Person, in which case it shall be deemed to have been given on the third
day after it is mailed. Service on a corporation can be affected by
registered mail to the corporate mailing address.
5.6.3. No Person shall contravene an Order to Discontinue Activity.
5.7. Each clause of this By-law is an independent clause and the holding of any
clause or part of any clause to be void or ineffective for any cause shall not be
deemed to affect the validity of any other clause or parts of any clause.
5.8. If any provision of this By-law is declared invalid or unenforceable by any
competent authority, such provision shall be deemed severed and shall not
affect the validity or enforceability of the remaining provision of this By-law.
6. TRANSITION
6.1. By-law No. 80-84 of the Corporation of the Town of Aylmer and all of its
amendments are hereby repealed upon the date this By-law comes into force.
6.2. This By-law may be cited as the Aylmer Noise Control By-law.
6.3. This By-law shall come into full force and effect on the day of passing of the
enabling Bylaw, being the last date listed below.
READ A First, Second and Third time and passed this 20th day of September 2023.
__________________________________
MAYOR, Jack Couckuyt
__________________________________
CLERK, Josh Brick
Authority: Council, Resolution No.250-23
Staff Report Number: CLRK 43-23
Staff Report Date: August 9, 2023
SCHEDULE A
TO BY-LAW 60-23
Noise Item
Prohibited Time of Day
Residential Area
Business Area
Open Space Area
1. The operation of a
combustion engine or
a battery-operated
engine which:
a) is,
b) is used, or
c) is intended for use
In a toy or model or
replica and has no
function other than
amusement and
which is not a
conveyance.
At all times
At all times
9 PM to 9 AM
2. The operation of
any electronic device
or group of connected
electronic devices
incorporating one or
more loudspeakers or
other
electromechanical
transducers and
intended for the
production,
reproduction, or
amplification of
sound.
At all times
11 PM to 7 AM
11 PM to 7 AM
3. The operation of
any motorized
conveyance other
than on a highway or
other place intended
for its operation.
At all times
At all times
Not Applicable
4. 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.
At all times
9 PM to 7 AM
9 PM to 7 AM
5. Persistent barking,
calling, or whining or
At all times
At all times
At all times
other similar
persistent noise
making by any
domestic pet or other
animal kept or used
for any purpose other
than agriculture.
6. The operation of a
commercial car wash
with or without air
drying equipment.
At all times
Not Applicable
Not Applicable
7. Yelling, shouting or
the like.
At all times
11 PM to 7 AM
11 PM to 7 AM
8. Loading, unloading,
delivering, packing,
unpacking, or
otherwise handling
any containers,
products, materials,
or refuse whatsoever,
unless necessary for
the maintenance of
essential services.
11 PM to 7 AM
Monday to Friday
Restricted to 9 AM
on weekends and
holidays.
Not Applicable
Not Applicable
9. The operation of
any equipment in
connection with
construction.
9 PM to 7 AM
Monday to Friday
Restricted to 9 AM
on weekends and
holidays.
9 PM to 7 AM
9 PM to 7 AM
10. The operations on
or use of any tool for
purposes other than
snow removal.
9 PM to 7 AM
Monday to Friday
Restricted to 9 AM
on weekends and
holidays.
Not Applicable
Not Applicable
11. The operation of
solid waste bulk lift or
refuse compacting
equipment.
9 PM to 7 AM
Not Applicable
Not Applicable
SCHEDULE B
TO BY-LAW 60-23
IT IS ORDERED pursuant to the provisions of the Provincial Offences Act and the rules
for the Ontario Court (Provincial Division), 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 60-23, of the Corporation of the Town of Aylmer,
attached hereto is the set fine including costs, for those offences. This Order is to take
effect immediately upon signature.
Dated_______________________
____________________________
Judge
Short Form Wording of Offence
Defining Offence
Set Fine*
Emitting unreasonable noise that
is likely to disturb.
Section 2.1
$150.00
Racing of a Motor Vehicle other
than in a racing event.
Section 2.2.1
$100.00
Operating a Motor Vehicle such
that the tires squeal.
Section 2.2.1
$100.00
Operating a Motor Vehicle without
effective sound-muffling device.
Section 2.2.2
$100.00
Operating a Motor Vehicle with a
trailer emitting noise due to
improperly secured load.
Section 2.2.4
$100.00
Operating a stationary Motor
Vehicle in a Residential Area.
Section 2.2.5
$100.00
Operating a horn not in
accordance with good safety
practices.
Section 2.2.6
$100.00
Operating Construction Equipment
without effective sound-muffling
device.
Section 2.2.7
$100.00
Emitting a regulated noise during a
restricted time-period.
Section 3.3
$200.00
*Does not include victim surcharge and court charge.
The penalty provision(s) for the offence(s) indicated above is Section 5.1 of Aylmer By-
law 60-23.