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THE CORPORATION OF THE TOWNSHIP OF BECKWITH
BY-LAW NO. 2019-39
BEING A BY-LAW TO REGULATE
NOISE WITHINTHE TOWNSHIP OF
BECKWITH
WHEREAS, pursuant to Section129 of the MunicipalAct, S.O. 2001, Chapter 45 as
amended, the Council of a local municipality may pass a by-law to: prohibit or regulate with
respect to noise, vibration, odour, dust and outdoor illumination,including indoor lighting
that can be seen outdoors.
NOW THEREFORE the Council of the Corporation of the Township of Beckwith enacts as
follows:
DEFINITIONS
1. For the purposes of this by-law:
a.
"Accessory"
shall mean a use that is customarily incidental and subordinate
to the main use and located on the same lot with such main use.
b.
"Adverse
Effect" means
one or more of:
i. Harm or material discomfort to any person;
ii. A detrimental effect on health of any person;
iii. Loss of enjoyment of normal use of property; or
iv. Interference with the normal conduct of business.
c.
"Construction"
means the erection, alteration, repair, dismantling,
demolition, structural maintenance, painting, moving, land clearing, earth
moving, grading, excavating,
the laying of pipe or conduit above or below
ground level, street and highway building, pouring of concrete, 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.
d. "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, ditches,
compactors and rollers, pumps, concrete mixers, graders, or other material
handling equipment.
e.
"Clearly Audible" shall mean a noise level that a reasonable person would,
in all of the circumstances, consider to be excessive, intrusive, disturbing or
unacceptable.
I
f.
"Commercial"
shall mean activities involved with or intended to generate
income.
"Council"
means the Council of the Corporation of the Township of
Beckwith.
"Effective
Noise Reduction
Devices" shall mean professionally
manufactured exhaust and intake muffling devices in good working order and
in constant operation to prevent excessive or unusual noise and excessive
smoke but does not include modifications to generate
excessive noise such
as a cut~offmuffler, straight exhaust, gutted muffler, hollywood muffler, by-
pass or similar device.
"Motor Vehicle" shall mean a vehicle or any other device employed to
transport a person or person or goods from place to place propelled, driven
or drawn by any means other than by muscular, gravitational or wind power,
including but not limited to motor vehicle, motorcycle,
trailer, farm tractor,
road building machine, snowmobile, all--terrainvehicle and off--road
motorcycles.
"Municipality"
means the Corporation of the Township of Beckwith.
"Noise" means unwanted sound.
"Point of Reception"
shall mean an area within 30 metres of a residential
dwelling or commercial business where sound originating from another
premises is received.
"Residential
Area?' shall mean the residential zones identified within
Section 5 of the Zoning By-law No. 91-14, including the flood plain zones
where residential uses are present.
. "Rural Area" shall mean all other areas in the Township not considered
within the definition of 'Residential Area'.
. "Track" means a course designed and created for the usage of motor
vehicles and may include drag strips or circuits that start and finish at the
same place. The track or course may be purpose built or established by the
constant travelling of vehicles across the same point to create an established
route.
GENERAL PROHIBITIONS
2. No person shall emit, cause or permit the emission of noise resulting from an act
listed herein, and which noise is clearly audible at a point of reception:
81.
b.
The operation of any combustion engine, pneumatic device or construction
equipment without effective noise reduction devices;
The operation of a motor vehicle resulting in banging, clanking, squealing or
other like sounds;
Persistent or repetitive barking, whining, or other similar persistent noise-
making from any domestic pet or any other animal kept or used for any
purpose other than agriculture.
LIMITATIONS BY TIMEAND PLACE
3.
No person shall emit, cause or permit the emission of noise resulting fromany act
listed in Schedule 'A'
---- Prohibitions by Time and Place, ifclearly audible at a point
of reception.
EXEMPTION
4.
Notwithstanding any other provisions of this by--lawto the contrary, this by--lawdoes
not apply to a person who emits or causes or permits the emission of noise in
connection with:
a.
Emergency vehicles;
The immediate health, safety or welfare of inhabitants;
Motor vehicle races, authorized by the Municipality;
Regimental salutes;
Parades
authorized by the Municipality;
Fireworks_displaysauthorized by the Municipality;
Community public events authorized by the Municipality;
Sporting, recreational and entertainment events in or on public parks or
buildings;
i.
Musical and other performances
in public parks or buildings authorizedby
the Municipality;
j.
Municipal maintenance vehicles, including but not limited to snow clearing,
street cleaning and garbage collection vehicles;
k. Common agricultural activities, as determined by the Agricultural Code of
Practice;
l.
Blasting authorized by the Municipality;
m. Any airport in existence
prior to the passing of this By--law;or
n. Maintenance of a golf course.
PENALTIES
5. Every person who contravenes
any of the provisions ofthis by--lawis guilty of any
offence and shall, upon conviction be liable to a fine pursuant to the Provincial
Offences Act;
ENFORCEMENT
6. This by--lawshall be enforced during the normal business hours of 8:30am and
4:30pm Monday through Friday by the by--lawenforcement officer of the
Municipality;
7. This by--|awshall be enforced outside of normal business hours by the Ontario
Provincial Police;
8. Schedule 1 to this by-law forms part and parcel of this by--law;
VALIDITY
9. Ifany section, clause or provision of this by~lawis for any reason declared by a
court of competent jurisdiction, found to be invalid, the same shall not affect the
validity ofthis by--lawas 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
that all the remaining section, clause or provisions of the by--lawremain in effect
until repealed;
REPEAL
10.This by~law repeals any previous By~|aws, Resolutions, Motions or Actions of
Council relating to noise regulation;
EFFECTIVE DATE
'l1.This by-law shall come into effect on the date of passing thereof;
TITLE OF BY--LAW
12.This by--lawmay be cited as the "noise by--law".
BY--LAWREADa first and second time this 27th day of August, 2019.
BY--LAWREAD a third time, signed, sealed and passed
in open council this 27th day of
August, 2019.
-
Qaamw"7°@~o3A
Richard
Kidd, Reeve
Cassandra
McGregor,
Clerk Administrator
SCHEDULE'A'
BY--LAWNo. 2019-39
"NOISEBY-LAW"
PROHlBlTlON BYTIME AND PLACE
Activity
The
of
any
conveyance,
including
snowmobiles,
all-
operation
motorized
terrain
vehicles and off--roadmotorcycles,
other
than
on
a
highway
or
a
trail
maintained
and operated
by a club or
organization with public membership.
The
operation
of
any
motorized
conveyance,
including snowmobiles,
all-
terrain
vehicles and off--roadmotorcycles
on a track that is accessory to a dwelling.
The
commercial
operation
of
any
motorized
conveyance,
including
snowmobiles,
a|l~terrain
vehicles and off-
road motorcycles on any track.
The operation, loading or unloading of any
construction
equipment
in connection with
construction
or anyconstruction
related
activity, including those activities that use
explosive devices.
The operation
of any electronic device or
group
of
connected
electronic
devices
incorporating one or more loudspeakers or
other
e|ectro--mechanical
transducers, and
intended for the production, reproduction
or amplification of sound.
Any activity that
is |il<ely to
cause
an
effect
adjacent
neighbouring property
owner.
adverse
for
an
or
Prohibited Time
Residential Areas
8pm on one day to Sam the
next
day
(9:OOam
on
Sundays
and
Statutory
holidays).
Atanytime.
At all times unless specified
by a zoning amendment
to
permit
and
regulate
the
use.
7pm on one day to 7am the
next day (9am on Sundays).
Not on Statutory holidays.
11pm on one day (11:59pm
on
Fridays, Saturdays
or
Statutory
Holidays) to 7am
the
next
day
(8 am
on
Sundays
Statutory
Holidays).
or
11pm on one day to 7am
the
next
day
(8am
on
Sundays
and
Statutory
holidays).
RuralAreas
8pm on one day to 8am the
next
day
(9:OOam
on
Sundays
and
Statutory
holidays).
8pm on one day to 12noon
the
next
day.
Not
on
Sundays
or
statutory
holidays.
At all times unless specified
by a zoning amendment
to
permit
and
regulate
the
use.
7pm on one day to 7am the
next day (9am on Sundays).
Not on Statutory
holidays.
11pm on one day (11:59pm
on
Fridays, Saturdays
or
Statutory
Holidays) to 7am
the
next
day
(8 am
on
Sundays
or
Statutory
Holidays).
11pm on one day to 7am
the
next
day
(8am
on
Sundays
and
Statutory
holidays).