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[\1'4<-J-4I TOWNSHIP OF BLANDFORD-BLENHEIM
Date
BY-LAW NUMBER 2357-2023
BEING A By-law to repeal By-law 2182-2020, and to provide for the regulation of Noise
or Vibration within the Township of Blandford-Blenheim.
WHEREAS section 129 of the Municipal Act 2001, amended, permits local
municipalities to prohibit and regulate noise and vibration and to require that a permit be
obtained for the making of noise or vibration;
AND WHEREAS Section 8, 9, and 11 of the Municipal Act. 2001 permits a municipality
to pass By-laws necessary or desirable for municipal purposes, and in particular
paragraphs 5, 6, and 8 of Subsection 11 (2), authorize By-laws respecting the
economic, social and environmental well-being of the municipality, the health, safety
and well-being of persons;
AND WHEREAS the people of the Township of Blandford-Blenheim have the right to an
environment free from unusual, unpleasant, unnecessary or excessive noise or
vibration;
AND WHERAS it is deemed expedient and necessary for Council to exercise the
power conferred upon it by the Municipal Act and prohibit and regulate noise in the
Township of Blandford-Blenheim;
AND WHEREAS Section 291 of the Municipal Act, 2001, S.O. 2001, C.25, provides
that a municipality may impose fees or charges on any class of persons for services or
activities provided or done by or on behalf of it, and which by-law may provide for
interest charges and other penalties, including the payment of collection costs, for fees
and charges that are due and unpaid;
NOW THEREFORE, the Council of the Corporation of Township of Blandford-Blenheim
enacts as follows:
SECTION 1: INTERPRETATION
For the purpose of this By-Law the following terms shall have the corresponding
meaning:
a) Council means the Council of the Township of Blandford-Blenheim;
b) Construction equipment shall include a bulldozer, excavator, trencher,
jackhammer, crane, loader, scraper, paver, compactor, roller, grader,
concrete mixer and all like equipment;
The Corporation of the Township of Blandford-Blenheim
By-law No. 2357-2023
c) Emergency means a situation or an impending situation, often dangerous,
caused by the forces of nature, an accident, an intentional act or otherwise,
which rises suodenly and calls for prompt action;
d) Emergency Vehicle includes a land ambulance, an air ambulance, a fire
department vehicle, a police vehicle and a motor vehicle being used to respond
to an emergency;
e) Firearm shall mean a barreled weapon from which any shot, bullet or other
projectile can be discharged and that is capable of causing serious bodily
injury or death to a person, and includes any frame or receiver of such
barreled weapon and anything that can be adapted for use as a firearm;
excluding spring and air powered firearms, long or cross bows;
f)
Industrial Area means an area designated as industrial in the zoning By-Law of
the Township of Blandford-Blenheim, as may be amended from time to time;
g) Misuse shall mean causing unnecessary noise, which includes stationary
revving of engines, honking of horns, squealing of tires, excessive idling,
and/or operating without an effective exhaust or intake muffling device in good
working order and in constant operation that prevents excessive noises that
are loud or explosive.
h) Noise means sound that is unusual or excessive and likely to disturb the quiet
enjoyment of the inhabitants of the municipality;
i)
Residential Area means an area designated as residential in the zoning By-Law
of the Township of Blandford-Blenheim, as may be amended from time to time;
j) Township means the Corporation of the Township of Blandford-Blenheim.
SECTION 2: GENERAL PROVISIONS
a) No person shall make, cause or permit to be made, any noise or vibration, at
any time, which is likely to disturb the quiet, peace, rest, enjoyment, comfort
or convenience of the inhabitants of the Township.
SECTION 3: PROHIBITIONS BY TIME AND PLACE
a) No person shall make, cause or permit to be made those noises or vibrations
specifically listed in Schedule 2 within the prohibited time shown for
residential areas if those noises or vibrations are likely to disturb the quiet,
peace, rest, enjoyment, comfort or convenience of the inhabitants of the
Township.
SECTION 4: SPECIFIC PROHIBITIONS
a) No person shall make, cause or permit to be made, any of the noises or
vibrations, at any time, as outlined in Schedule 1.
SECTION 5: EXEMPTIONS
The Corporation of the Township of Blandford-Blenheim
By-law No. 2357-2023
a) Notwithstanding any other provisions of this By-Law, it shall be lawful in an
Emergency to make, cause or permit to be made, any noise or vibration in
connection with Emergency measures.
b) Notwithstanding any other provisions of this By-Law, this By-Law shall not
apply to a person who makes, causes or permits to be made, any noise or
vibration in connection with;
(i)
An authorized Emergency Vehicle;
(ii)
Machines, vehicles or equipment by or on behalf of the Township;
(iii)
Bells, tones, whistles utilized as traffic control devices including those
at traffic signal locations and railway crossings;
(iv)
Regimental salutes;
(v)
Snow removal equipment, while in the operation of snow removal;
(vi)
The bells for any church, chapel, meeting house or religious service;
(vii)
Parades or events permitted or sanctioned by the Township;
(viii)
Agriculture operations and agriculture processing operations;
(ix)
Concrete finishing operations on construction projects when such is
duly certified as essential to the project; or,
(x)
Work undertaken for the immediate health, safety or wellbeing of the
inhabitants of the Township;
(xi)
Normal activities of industry in any "M" Zone, as defined within the
Township of Blandford-Blenheim Zoning By-Laws.
SECTION 6: EXEMPTION GRANTED BY PERMIT BY COUNCIL
a) Notwithstanding any other provision of this By-Law, any person may make an
application to Council to be granted an exemption permit from any of the
provisions of this By-Law and Council may, by resolution, refuse or grant any
exemption. Council may also grant an exemption permit to a greater or lesser
extent.
b) Any exemption granted by Council shall specify the time period during which
it is effective and may contain such terms and conditions as Council see fit.
c) An application for any exemption permit from the provisions of this By-Law
shall be made in writing to the Clerk of the Township, or his/her designate, at
least 60 days prior to the event for which the exemption is sought and shall
include the following:
(i)
The name and address of the applicant;
· (ii)
The name and address of the organization represented by the
applicant, if applicable;
(iii)
The source of the noise or vibration in respect of which the exemption
permit is sought;
(iv)
The provisions of this By-Law from which the exemption permit is
sought;
(v)
The date and time of commencement of the event for which the
exemption permit is sought;
The Corporation of the Township of Blandford-Blenheim
By-law No. 2357-2023
(vi)
The time of conclusion for each day of the event for which the
exemption permit is sought;
(vii)
The location of the event for which the exemption permit is sought;
(viii)
The rationale for granting an exemption permit;
(ix)
The name of the contact person or persons who will be supervising the
event;
(x)
Payment of the permit processing fee in the amount set by Council and
in effect at the time of application; and,
(xi)
Proof of publication within the preceding ten (10) days, in a newspaper
of general circulation within the Township, of a notice of intention to
apply for an exemption permit under this By-Law, containing the
information required by clauses (i) through (x) hereof, and further
stating the date upon which it is intended that application will be made
to Council.
d) Any breach of the terms and conditions of the exemption permit granted by
Council shall render the exemption permit null and void.
SECTION 7: ENFORCEMENT
a) The following persons are appointed to enforce this By-Law are, and not
limited to, the Ontario Provincial Police, Township By-Law Enforcement
Officer, and/or persons appointed by the Municipality.
SECTION 8: OFFENCE AND PENAL TIES
a) Every person who contravenes any provisions of this By-Law is guilty of an
offence and on conviction is liable to a fine as provided for in the Provincial
Offences Act, R.S.O. 1990, C.P.33.
SECTION 9: PAYMENT OF FEES
a) Every person responsible for the payment of any and all fees, costs and fines
under this By-Law shall make payment in full upon demand by the
Corporation.
b) The payment of any fees and charges as required under this By-Law does not
constitute partial or full payment of any fines imposed by a court of competent
jurisdiction for any offence committed under this or any other By-Laws.
SECTION 10: SEVERABILITY
a) 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 is hereby declared that the remainder of this By-
law shall be valid and remain in full force and effect.
SECTION 11: REPEAL
The Corporation of the Township of Blandford-Blenheim
By-law No. 2357-2023
a) By-Law Number 1314-2000 is hereby repealed.
b) By-Law Number 1681-2011 is hereby repealed.
c) By-Law Number 2182-2020 is hereby repealed.
SECTION 12: SHORT TITLE
a) This By-Law shall be referred to as the "Noise Control" By-Law.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED ON THIS 3rd
DAY OF MAY, 2023.
{]
MAYOR: Mark Peterson
CAO/CLERK: Rodger Mordue
By-law 2357-2023
NOISE OR VIBRATION BY-LAW
SCHEDULE 1
SPECIFIED PROHIBITIONS
1. The operation of a motor vehicle in such a way that the tires squeal.
2. 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.
3. The operation of an engine in, or on, any motor vehicle or item of attached
auxiliary equipment for a continuous period exceeding five minutes, anywhere
within the geographic area of the Township of Blandford-Blenheim, where the
point is in a Residential Area or Industrial Area unless:
a. 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
b. The operation of such engine or motor is essential to a basic function of
the vehicle or equipment including but not limited to, the operation of a
ready-mix concrete truck, lift platforms or refuse compactor; or
c. Weather conditions justify the use of heating or refrigeration systems
powered by the motor of an engine for the safety and the welfare of the
operator, passengers or animals, or the preservation of perishable cargo
and the vehicle is stationary for the purpose of delivery or loading; or
d. Prevailing low temperatures make longer idling periods necessary
immediately after starting the motor or engine; or
e. 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. The operation of a motor vehicle horn or other warning device except where
required or authorized by By-Law or in accordance with good safety practices.
5. 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.
6. The permitting of persistent barking, calling or whining of any domestic pet.
7. The detonation of explosives, including the discharge of any gun or other
firearm, air gun or spring gun, or any similar device, except:
a. By a peace officer in the performance of his or her duty;
b. For the purposes of normal farm practices;
c. By a licensed hunter as part of a lawful hunt but only when in
accordance with regulations made under the Fish and Wildlife
Conservation Act, 1997, as amended;
d . The discharge of firearms as part of a properly licensed gun club or
shooting range, but only on the following days, and between the following
hours: Mondays to Fridays between the hours of 0900 hrs (9:00 am) and
2100 hrs (9:00 pm) and Saturdays between the hours of 1000 hrs (10:00
am) and 1800 hrs (6:00 pm); and,
e. The discharge of a firearm, shot gun or similar device as part of the
practice of trap shooting shall only be permitted for three hours per week
and in accordance with Section 7. (d) above.
8. The operation of a radio television, stereo or other electronic device including any
amplification device, or any musical or other sound producing instrument, when
prohibited.
9. Yelling, shouting, hooting, whistling, singing or the like.
The Corporation of the Township of Blandford-Blenheim
By-law No. 2357-2023
1)
2)
3)
4)
5)
6)
7)
By-law 2357-2023
NOISE OR VIBRATION BY-LAW
SCHEDULE 2
PROHIBITIONS BY TIME IN RESPONSE AREAS
PROHIBITED BY TIME
PROHIBITED PERIOD OF TIME
The discharge of firearms.
At all times.
The operation of a radio television, stereo or 2300 hr (11 :00 pm) one day until 0700 hr
other electronic device including any
(07:00 am) next day or 0900 hr (09:00 am) on
amplification device, or any musical or other
Sundays.
sound producing instrument in a Residential
Area.
The operation of any motorized conveyance
2100 hr (09:00 pm) one day until 0700 (7:00
other than on a highway or other place
am) next day or 0900 hr (09:00 am) on
intended for its operation.
Sundays.
Yelling, shouting, hooting, whistling or
2300 hr (11 :00 pm) one day until 0700 hr
singing or the like in a Residential Area.
(07:00 am) next day or 0900 hr (09:00 am) on
Sundays.
The operation of any tool including a
2100 hr (9:00 pm) to 0700 hr (7:00 am) to 0900
hammer, saw, nail gun, lawnmower, staple
hr (9:00 am) on Saturdays, Sundays and
gun, hedge trimmer, drill, or the like in a
holidays.
Residential Area.
Exemption: Shall not include a snowblower.
The misuse of a dirt bike, all-terrain vehicle,
~tall times.
snowmobile, go-cart, dune buggy or like
conveyance in a Residential Area.
The operation of construction equipment in a 1900 hr (7:00 pm) to 0700 hr (7:00 am) to 0900
Residential Area.
hr (9:00 am) on Saturdays and at all times on
Sundays and holidays.
The Corporation of the Township of Blandford-Blenheim
By-law No. 2357-2023
8) The operation of gravel or sand pit, stone
1900 hr (7:00 pm) to 0700 hr (7:00 am) Monday
quarry or stone crushing operation in an
to Friday
Industrial Area.
1900 hr (7:00 pm) to 0800 hr (8:00 am) on
Saturday
1300 hr (1 :00 pm) on Saturday until 0700 hr
(7:00 am) on Monday
Any holiday.
9) The permitting of persistent barking, calling
~tall times.
or whining of any domestic pet in a
Residential Area.
The Corporation of the Township of Blandford-Blenheim
By-law No. 2357-2023
NOISE OR VIBRATION BY-LAW: being a By-law to provide for the regulation of
Noise or Vibration within the Township of Blandford-Blenheim
Item
1
2
3
4
5
6
7
8
9
11
12
13
14
SCHEDULE 3
PART I PROVINCIAL OFFENCES ACT
Page 1 of 1
Short Form Wording and Set Fines
Column 1
Column 2
Short Form Wording
Provisions creating or
defining offence
Causing or permitting noise by squealing tires
s. 4(a), Sch. 1(1)
Causing or permitting noise by operating a combustion
s. 4 (a), Sch. 1 (2)
engine without exhaust in good working order
Causing or permitting noise from the idling of a vehicle
s.4 (a), Sch. 1 (3)
Causing or permitting noise from a vehicle horn or
s. 4 (a), Sch. 1 (4)
other warnino device
Causing or permitting noise from a vehicle stereo or
s. 4 (a), Sch. 1 (5)
other electronic device
Permit noise from the persistent barking, calling or
s. 4 (a), Sch. 1 (6)
whininq of anv domestic pet.
Cause or permit noise from the detonation of
explosives, including the discharge of any gun or other
s. 4 (a), Sch. 1 (7)
firearm, air oun or sprinq oun, or any similar device.
Cause or permit noise from the operation of a radio
television, stereo or other electronic device including
s.4 (a), Sch. 1 (8)
any amplification device, or any musical or other sound
producing instrument, when prohibited.
Cause or permit noise from the yelling, shouting,
s. 4 (a), Sch. 1 (9)
hooting, whistling, singing or the like, when prohibited.
Cause or permit noise from the operation of any tool
including a hammer, saw, nail gun, lawnmower, staple
s. 4 (a), Sch. 2(5)
gun, hedge trimmer, drill, or the like, when prohibited.
Cause or permit noise from the misuse of a dirt bike,
all-terrain vehicle, snowmobile, go-cart, dune buggy or
s. 4 (a), Sch. 2(6)
like conveyance, when prohibited.
Cause or permit noise from the operation of
s. 4 (a), Sch. 2(7)
construction equipment when prohibited.
Cause or permit noise from the operation of gravel or
sand pit, stone quarry or stone crushing operation
s. 4 (a), Sch. 2(8)
when prohibited.
Column 3
Set Fines
$125.00
$125.00
$125.00
$125.00
$125.00
$125.00
$125.00
$125.00
$125.00
$125.00
$125.00
$125.00
$125.00
The general penalty provision for the offences listed above is section 8 of By-law
2357-2023, a certified copy of which has been filed.