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Page 1 of 8
BY-LAW NO. 2023-003
BEING A BY-LAW TO PROVIDE FOR THE REGULATION AND PROHIBITION OF UNUSUAL
NOISES FOR NOISES LIKELY TO DISTURB THE PUBLIC AND FOR THE PREVENTION OF
PUBLIC NUISANCES
WHEREAS it is deemed expedient to exercise the power conferred upon the Council by the Municipal
Act, 2001, S.O. as amended, and other statutory authority;
AND WHEREAS the people have a right to and should be ensured an environment free from
unusual, unnecessary, or excessive sound or noise which may degrade the quality and tranquility of
their life or cause nuisance;
THEREFORE the Council of the Township of Baldwin enacts as follows:
Interpretation
1.
In this by-law:
"construction" includes erection, alteration, repair, dismantling, demolition, structural
maintenance, painting, moving, land clearing, earth moving, grading, excavating, the laying of
pipe, 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, scrapes, 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 the premise of a person;
"council" means the Council of the Corporation of the Township of Baldwin;
"firearm" means any gun, including an air, pellet or spring gun, and a long-bow and a cross-
bow;
"highway" includes a common and public highway, street, avenue, parkway, driveway, square,
place, bridge, viaduct or trestle, any part of which is intended for or used by the general public
for the passage of vehicles and includes the area between the lateral property lines thereof;
"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 railway,
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, R.S.O. 1990, c.H.8, as amended;
"municipality" means the Corporation of the Township of Baldwin;
Page 2 of 8
"noise" means sound that is of such a nature that it is likely to disturb the inhabitants of the
Township of Baldwin or any of them;
"point of reception" means any point on the premises of a person where sound originating from
any other than those premises is received;
"residential area" means an area designated as residential in the Zoning By-law of the
Township of Baldwin, as may be amended from time to time;
"statutory holiday" means New Year's Day, Good Friday, Victoria Day, Canada Day, Labour
Day, Thanksgiving Day, Christmas Day and Boxing Day.
General Prohibitions
2.
No person shall emit or cause or permit the emission of sound resulting from any act listed in
Schedule 1 - General Prohibitions, and which sound is clearly audible at a point of reception.
Prohibitions by Time
3.
No person shall emit or cause or permit the emission of sound resulting from any act listed in
Schedule 2 - Prohibition by Time, if clearly audible at a point of reception within a prohibited
time shown.
Exemption - Public Safety
4.
Notwithstanding any other provision of this by-law, it shall be lawful to emit or cause or permit
the emission of sound in connection with emergency measures undertaken:
a)
for the immediate health, safety or welfare of the inhabitants of the Municipality or any of
them; or,
b)
for the preservation or restoration of property unless such sound is clearly of a longer
duration or by nature more disturbing, than is reasonably necessary for the
accomplishment of such emergency purpose, as determined by the Municipal By-law
Enforcement Officer for the municipality.
Exemptions Granted by the Municipality
Application to the Municipality
5.
(1)
Notwithstanding anything contained in this by-law, any person may make
application to the Municipality for an exemption from any of the provisions of this by-law
with respect to any source of sound and the Municipality may refuse to grant any
exemption or may grant the exemption applied for or any exemption of lesser effect and
any exemption granted shall specify a time period, not in excess of six months, during
which it is effective and may contain such terms and conditions as the Municipality
deems appropriate.
Details of Application for Exemption
(2)
The application mentioned in subsection (1) shall be made in writing in the form
attached as Schedule 4, and shall contain:
a)
the name, address and telephone number of the applicant;
b)
a description of the source and location of sound in respect of which exemption is
sought;
c)
a statement of the particular provision or provisions of this by-law from which
exemption is sought;
d)
the period of time, of a duration not in excess of six months, for which the
exemption is sought;
e)
the reasons why the exemption should be granted;
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f)
a statement of the steps, if any, planned or presently being taken to bring about
compliance with this by-law.
Breach
(3)
A breach of any of the terms or conditions of an exemption granted by the Municipality
that is caused or permitted by the applicant shall render the exemption null and void.
Exemption of Activities
6.
This by-law shall not apply to a person who emits or causes or permits the emission of sound
in connection with any of the activities listed in Schedule 3.
Exemption of Normal Farm Practices
7.
This by-law shall not apply to a person who emits or causes or permits the emission of sound
in connection with normal farming practices within the meaning of the Farming and Food
Production Protection Act, 1998, S.O. 1998, c.1, as amended.
Severability
8.
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.
Enforcement
9.
This by-law shall be enforced by the Township of Baldwin By-law enforcement officer.
Penalty
10.
Every person who contravenes any of the provisions of this by-law is guilty of an offence and
shall, upon conviction thereof, forfeit and pay a penalty of not more than $5,000.00, exclusive
of costs and every such fine is recoverable under the Provincial Offences Act, R.S.O. 1990,
c.P.33.
11.
That this by-law shall rescind By-law Number 2019-P-001, "Being a by-law to provide for the
regulation and prohibition of unusual noises likely to disturb the public and for the prevention of
public nuisances".
12.
This by-law shall come into full force and effect on the date of final passing.
Read a first, second and third time and passed in open council this 9th day of January, 2023.
_________________________
Mayor
_________________________
Clerk
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Township of Baldwin
By-law 2023-003
SCHEDULE 1
General Prohibitions
1.
Racing of any motorized vehicle other than in a lawful racing event.
2.
The operation of a motor vehicle in such a way that the tires squeal.
3.
The operation of any combustion engine, pneumatic device or construction equipment without an
effective exhaust or intake-muffling device in good working order and in constant operation.
4.
The operation of a motor vehicle or a motor vehicle with a trailer resulting in banging, clanking,
squealing or other sounds due to improperly secured load or equipment, or inadequate maintenance.
5.
The operation of an engine or motor in, or on, any motor vehicle or item of attached auxillary
equipment for a continuous period exceeding five minutes, anywhere within the geographical area of
the Township of Baldwin, where the point of reception is in a Residential Area unless:
(i)
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; or
(ii)
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 contrete trucks, lift platforms or refuse
compactors; or
(iii)
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, and the vehicle is stationary for purposes of delivery or loading; or
(iv)
prevailing low temperatures make longer idling periods necessary, immediately after starting
the motor or engine; or
(v)
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.
6.
The use of any mechanical equipment that is not operating or being maintained in accordance with the
manufacturers specifications resulting in noise other than that emitted in the normal operation of the
equipment.
7.
The operation of a motor vehicle horn or other warning device except where required or authorized or
in accordance with good safety practices.
8.
The operation of a stereo or other electronic device designed to amplify sound in, or on, a motor
vehicle in such a way that the sound can easily be heard outside of the motor vehicle.
Page 5 of 8
Township of Baldwin
By-Law 2023-003
SCHEDULE 2
PROHIBITIONS BY TIME
1. 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 by electronic
means except where required to authorize by
law or in accordance with good safety practices.
Monday - Saturday
Between 11:00 p.m. & 7:00 a.m.
Sunday and Statutory Holidays - at
all times.
2. The operation of any electronic device or group
of connected electronic devices incorporated
one or more loudspeakers or other
electromechanical transducers, and intended for
the production, reproduction or amplification of
sound in a residential area.
Monday - Saturday
Between 11:00 p.m. & 7:00 a.m.
Sunday and Statutory Holidays - at
all times.
3. All selling or advertising by shouting or outcry or
amplified sound.
Monday - Saturday
Between 11:00 p.m. & 7:00 a.m.
Sunday and Statutory Holidays - at
all times.
4. Loading, unloading, delivering, packing,
unpacking or otherwise handling any containers,
products, materials, or refuse, whatsoever,
unless necessary for the maintenance of
essential services or the moving of private
household effects.
Monday - Saturday
Between 11:00 p.m. & 7:00 a.m.
Sunday and Statutory Holidays - at
all times.
5. The operation of any construction equipment in
connection with construction.
Monday - Saturday
Between 11:00 p.m. & 7:00 a.m.
Sunday and Statutory Holidays - at
all times.
6. The operation of a combustion engine which,
i) is used in, or
ii) is intended for use in,
a toy or model or replica of a larger device,
which model or replica has no function other
than amusement and which is not a conveyance.
Monday - Sunday
Between 11:00 p.m. & 7:00 a.m.
Including Statutory Holidays.
7. The operation of any motorized conveyance
other than on a highway or other place intended
for its operation.
Monday - Sunday
Between 11:00 p.m. & 7:00 a.m.
Including Statutory Holidays.
8. The venting, release or pressure relief of air,
Monday - Saturday
Between 11:00 p.m. & 7:00 a.m.
Sunday and Statutory Holidays - at
all times.
9. Persistent barking, calling or whining by any
dog or other persistent noise making by any pet.
At all times.
10. The operation of any powered or non-powered
tool for domestic purposes other than snow
removal.
Monday - Sunday
Between 11:00 p.m. & 7:00 a.m.
Including Statutory Holidays.
11. The operation of solid waste bulk lift or refuse
compacting equipment.
Monday - Saturday
Between 11:00 p.m. & 7:00 a.m.
Sunday and Statutory Holidays - at
all times.
12. Yelling or shouting.
At all times.
13. The discharge of firearms, other than as part of
an otherwise lawful hunt, gun club or where
such discharge has agricultural purposes.
At all times.
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14. The operation of a racing event licensed by the
Municipality.
Monday - Saturday
Between 11:00 p.m. & 7:00 a.m.
Sunday and Statutory Holidays - at
all times.
15. The detonation of fireworks or explosive devices not
used in construction.
At all times except for Canada Day,
New Years Eve. The detonation of
fireworks or explosive devices are
not permitted within the hamlet of
the municipality and shall not
detonate these devices within 500
feet (152.4 meters) from the
property line of a registered farm.
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Township of Baldwin
By-Law 2023-003
SCHEDULE 3
ACTIVITIES TO WHICH THE BY-LAW DOES NOT APPLY
A list of sources (activities) shall constitute this Schedule and shall specify those events which Council
considers to be exempt from the provisions of the By-law.
(i)
Road and bicycle races authorized by the Township of Baldwin.
(ii)
Regimental salutes.
(iii)
Parades authorized by the Township of Baldwin.
(iv)
Midways and circuses authorized by the Township of Baldwin.
(v)
Sporting, recreational and entertainment events in public parks, buildings or
grounds authorized by the Township of Baldwin.
(vi)
Musical and other performances in public parks, buildings or grounds authorized by the Township of
Baldwin.
(vii)
Special neighbhourhood social actitivies on streets or other public land authorized by the Township of
Baldwin.
(viii)
The discharge of firearms by Police Officers acting in the due performance of their duties.
(ix)
Transformers and diesel operated water pumps owned by the Township of Baldwin and necessary
preventive maintenance work undertaken by the Public Works Department.
(x)
Necessary municipal operations, including but not limited to snow clearing, street cleaning and
garbage collection, undertaken by or on behalf of the Township of Baldwin.
(xi)
Snow removal that is essential for the normal operation of a business.
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Township of Baldwin
By-Law 2023-003
SCHEDULE 4
NOTICE OF INTENTION AND
APPLICATION FOR EXEMPTION
Name:________________________________________________________________
Address:______________________________________________________________
______________________________________________________________
Source and location of sound:______________________________________________
Applicable by-law section:_________________________________________________
______________________________________________________________________
Time period of exemption
From:_________________________ 20_____, to ________________________20__.
Reason for exemption:___________________________________________________
______________________________________________________________________
Attempts to comply:______________________________________________________
______________________________________________________________________