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BY-LAW NO. 2022-044
A BY-LAW OF THE CORPORATION OF THE TOWN OF
BRACEBRIDGE TO PROHIBIT AND REGULATE CERTAIN
NOISES WITHIN THE TOWN OF BRACEBRIDGE
WHEREAS Section 8 of the Municipal Act, 2001, S.O. 2001 c. 25 (hereinafter referred to as the "Act"),
provides that the powers of the Municipality under this or any other Act shall be interpreted broadly so as
to confer broad authority on municipalities to enable municipalities to govern their affairs as they consider
appropriate and to enhance the municipality's ability to respond to municipal issues;
AND WHEREAS Section 9 of the Act provides that a municipality has the capacity, rights, powers and
privileges of a natural person for the purposes of exercising authority under the Municipal Act or any other
Act;
AND WHEREAS Section 11 of the Act provides that a municipality may regulate matters involving the
health, safety and well-being of others;
AND WHEREAS Section 129 of the Act provides that a local municipality may prohibit and regulate with
respect to noise;
AND WHEREAS Section 425 of the Act provides that a municipality may pass by-laws providing that a
person who contravenes a by-law of the municipality passed under this Act is guilty of an offence;
AND WHEREAS Section 426 of the Act provides that no person shall hinder or obstruct, or attempt to hinder
or obstruct any person who is exercising a power or performing a duty under a by-law passed under this
Act;
AND WHEREAS Section 429 of the Act provides that a municipality may establish a system of fines for
offences under a by-law of the municipality passed under this Act;
AND WHEREAS Section 436 of the Act provides that a municipality has the power to pass by-laws providing
that the municipality may enter on land at any reasonable time for the purpose of carrying out an inspection
to determine whether a by-law of the municipality passed under the Act is being complied with;
AND WHEREAS noise is recognized as a form of pollution under the Environmental Protection Act, R.S.O.
1990.
AND WHEREAS noise pollution has a negative impact on the quality of life for Bracebridge residents;
AND WHEREAS the Council of the Town of Bracebridge desires to preserve the peace and quiet of the
residents of Bracebridge through the reduction, control and prevention of loud and excessive noise;
AND WHEREAS by motion 16-GC-080/081 the Council of The Corporation of the Town of Bracebridge
deems it expedient to pass such a by-law;
NOW THEREFORE, THE COUNCIL OF THE CORPORATION OF THE TOWN OF BRACEBRIDGE
ENACTS AS FOLLOWS:
BY-LAW NO. 2022-044
Page 2
1.
DEFINITIONS
1.1.
Assembly Hall has the same meaning as in the Town's Comprehensive Zoning By-Law.
1.2.
Authorized means a sporting or recreational event held on Town property with the
approval of one of the Director of Corporate Services/Clerk, the Director of Recreation or
the Director of Public Works or their designate or held on school property with the approval
of the school principal or their designate or a public or separate school board.
1.3.
Community Event means an event held on public or private property with admission to
the event being open to the general public regardless of whether the entrance admission
is free of charge, by donation or with an established entrance fee.
1.4.
Construction includes assembly, alteration, repair, demolition, dismantling, structural
maintenance, painting, moving, land clearing, earth moving, grading, excavating, laying of
pipe or conduit, 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.
1.5.
Construction equipment means any equipment or device designed or intended for use
in construction or material handling, including air compressors, pile drivers, pneumatic or
hydraulic tools, bulldozers, tractors, scrapers, pavers, generators, off-highway haul trucks,
ditchers, compactors and rollers, pumps, concrete mixers, graders or other material
handling equipment.
1.6.
Continuous barking means the barking of a dog that occurs for an uninterrupted period
of five minutes or more or on a sporadic basis for five minutes or more in any continuous
15 minute time period.
1.7.
Council means the Council for The Corporation of the Town of Bracebridge.
1.8.
Emergency means a sudden and unexpected occurrence demanding immediate action to
prevent possible injury, loss of life or substantial property damage.
1.9.
Emergency Vehicle means a vehicle operated by a police department, fire department or
ambulance/paramedic service.
1.10.
Holiday shall have the same meaning as defined under the Retail Business Holidays Act
R.S.O. 1990.
1.11.
Incidental Noise means noise generated in association with an authorized event but not
as the main feature of the event.
1.12.
Noise means any unwanted sound that disturbs any person.
1.13.
Normal Farm Practice has the same meaning as in the Farming and Food Production
Protection Act, 1998, or any successor legislation.
1.14.
Officer means a By-Law Enforcement Officer, a Police Officer or other person appointed
by Town Council to enforce this by-law.
1.15.
Permit means the same as permitting and is the failure to take action so as to prevent the
emission of sound likely to disturb.
1.16.
Place of Entertainment has the same meaning as in the Town's Comprehensive Zoning
By-Law.
BY-LAW NO. 2022-044
Page 3
1.17.
Point of reception means any place on a property where sound is heard, the source of
which does not originate from the property.
1.18.
Power Outage means the hydro service normally provided to a property is temporarily
unavailable for any reason other than the termination of the service for lack of payment.
1.19.
Private Event means an event held on public or private property with restricted access.
1.20.
Property means a parcel of land or contiguous parcels of land in one ownership.
1.21.
Repeated Incidents means false fire or burglar alarms occurring more than twice per
calendar year on a property.
1.22.
Restaurant has the same meaning as in the Town's Comprehensive Zoning By-Law.
1.23.
Restricted Access means admission to the event or participation in the event is restricted
to those persons who have previously registered for the event or have been invited to
attend the event but does not include the general public.
1.24.
School has the same meaning as in the Town's Comprehensive Zoning By-Law.
1.25.
Town means the Town of Bracebridge.
1.26.
Vehicle includes a motor vehicle, trailer, traction engine, farm tractor, road building
machine, bicycle and any vehicle drawn, propelled or driven by any kind of power, including
muscular power.
2.
GENERAL PROHIBITIONS
2.1
No person shall generate any unnecessary noise within 150 metres of a hospital, long-term
care facility or retirement home.
2.2
No person shall cause or permit the emission of noise which is clearly audible at a point of
reception resulting from an act or emanating from a device listed in Schedule "A".
2.3
No person shall, within a prohibited time shown in Schedule "B", cause or permit the
emission of noise which is clearly audible at a point of reception resulting from an act or
emanating from a device listed in Schedule "B".
3.
GENERAL EXEMPTIONS
3.1
It shall be lawful during an emergency to cause or permit the emission of noise in
connection with emergency measures for the immediate health, safety or welfare of the
general public or for the preservation or restoration of property, unless such noise is clearly
of longer duration or its nature more disturbing than is reasonably necessary for the
accomplishment of such emergency purposes.
3.2
The provisions of this by-law shall not apply to incidental noise generated or created by:
3.2.1
An authorized event totaling less than three hours in duration between the hours
of 7:00 a.m. and 9:00 p.m.
3.2.2
The discharge of a firearm at a hunt camp between the hours of 7:00 a.m. and
9:00 p.m.
3.3
The provisions of this by-law shall not apply to noise generated or created by:
BY-LAW NO. 2022-044
Page 4
3.3.1
Any emergency or public service vehicle when responding to a call.
3.3.2
The ringing of bells in connection with any place of worship, religious services, or
at the historic clock tower located at 49 Manitoba Street.
3.3.3
The ringing of fire alarms or burglar alarms. This shall not apply to repeated
incidents of false fire alarms or burglar alarms.
3.3.4
A manufacturing, processing, fabricating or assembly operation lawfully in
existence and in continuous operation since prior to December 23, 2003.
3.3.5
The operation of snow plowing or snow removal equipment on public or private
property or to the cleaning of streets or sidewalks by Town-owned equipment or
equipment being used under contract to the Town.
3.3.6
Trains, railways and railway operations subject to regulation by the Government of
Canada.
3.3.7
Aircraft, airports and airport operations subject to regulation by the Government of
Canada.
3.3.8
Farming activities recognized as a Normal Farm Practice and carried on as part of
an agricultural operation.
3.3.9
Continuous barking from an impounded or surrendered dog on the property of the
Ontario Society for the Prevention of Cruelty to Animals or a dog owned and used
by the Ontario Provincial Police or other police service.
3.3.10 A community event, a private event or other activity when a noise exemption has
been granted.
3.3.11 The operation of a generator during a power outage.
3.3.12 Lawn cutting equipment used on the property of a lawfully existing golf course
between the hours of 6:00 a.m. and 9:00 p.m. seven days per week.
4.
NOISE EXEMPTIONS
4.1
Notwithstanding the prohibitions contained in this by-law, any person may submit a noise
by-law exemption application to Council. Council may grant or refuse to grant any such
exemption request and may grant a conditional exemption subject to any restrictions as
Council deems appropriate. Any noise exemption granted by Council shall specify the time
period and dates during which the exemption is in effect.
4.2
An application for a noise by-law exemption shall be made in writing to the Director of
Corporate Services/Clerk and shall be accompanied by an application fee as outlined in
the Town Fees and Charges By-Law currently in effect. The application shall contain:
4.2.1
the name and address of the applicant;
4.2.2
a description of the noise in respect of which the exemption is being sought;
4.2.3
the period of time and date(s) for which the exemption is being sought.
4.3
The Director of Corporate Services/Clerk is hereby authorized to grant exemptions to the
provisions of this By-Law for noise generated by any of the following activities provided
BY-LAW NO. 2022-044
Page 5
such exempted noise does not take place between the hours of 12:01 a.m. and 6:00 a.m.
and the event does not exceed a span of three calendar days in total duration:
4.3.1.
Community Events as defined in the Noise By-Law;
4.3.2.
Private Events as defined in the Noise By-Law when such event has previously
been granted a noise exemption by Council and the nature and scope of the event
has not significantly changed from previous years;
4.3.3.
A band or parade;
4.3.4.
Cinematographic or photographic purposes;
4.3.5.
Wedding celebrations.
5.
ADMINISTRATION AND ENFORCEMENT
5.1
ENTRY AND INSPECTION
An Officer may, at all reasonable times, enter upon land for the purpose of carrying out an
inspection to determine compliance with this by-law.
5.2
OBSTRUCTION
No person shall hinder or obstruct, or attempt to hinder or obstruct, any Officer exercising
a power or performing a duty under this By-Law. Any person who is alleged to have
contravened any of the provisions of this By-Law shall identify themself to the Officer upon
request. Failure to identify upon request shall be deemed as obstruction of the Officer.
5.3
PENALTIES
5.3.1
Any person who contravenes any provision of this by-law is guilty of an offence
and is, upon conviction, liable to any penalty provided under the Provincial
Offences Act, R.S.O. 1990, c. P.33, as amended.
5.3.2
Every person guilty of an offence under this By-Law may, if permitted under the
Provincial Offences Act, pay a set fine; and the Chief Justice of the Ontario Court
of Justice shall be requested to establish set fines in accordance with Schedule
"C" of this By-Law.
5.4
VALIDITY AND SEVERABILITY
Every provision of this By-Law is declared severable from the remainder and if any
provision of this By-Law shall be declared invalid by a court of competent jurisdiction, such
declaration shall not affect the validity of the remainder of the By-Law.
5.5
FORCE AND EFFECT
This By-Law shall come into force and effect on the date the set fines are approved by the
Chief Justice of the Ontario Court of Justice.
BY-LAW NO. 2022-044
Page 6
5.6
REPEAL
On the date this By-Law comes into force and effect, By-Law 2016-021 and amendments
thereto, be repealed.
5.7
SHORT TITLE
This by-law may be referred to as the "Noise By-Law".
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 29TH DAY OF JUNE 2022.
Deputy Mayor, Rick Maloney
Director of Corporate Services/Clerk,
Lori McDonald
BY-LAW NO. 2022-044
Page 7
SCHEDULE "A"
PROHIBITED ACTS AND DEVICES
1.
A radio, phonograph, television, public address system, sound equipment, loud speaker, musical
or sound producing instrument and all similar devices other than on the premises of a restaurant,
place of entertainment or assembly hall as set out on Schedule "B".
2.
A car radio or stereo which is audible at a distance of 9 metres (30 feet) from such motor vehicle.
3.
An auditory signaling device including but not limited to the ringing of bells, repeated incidents of
false alarms, gongs, sirens, horns, whistles and the production or reproduction of any similar sound
by electronic means except where authorized or required by law.
4.
The detonation of fireworks at all times other than on Victoria Day and Canada Day or the one day
immediately preceding and following those holidays.
5.
The detonation of explosive devices except when used in construction or approved by the Town.
6.
Continuous barking.
7.
The use of any drum, horn, bell, radio or mechanical loudspeaker or other instrument, device or
apparatus for the purpose of advertising or attracting attention to any performance, show, sale of
goods, wares or merchandise.
8.
The operation of an engine or motor in, or on, any motor vehicle or item of attached auxiliary
equipment for a continuous period exceeding 15 minutes while such vehicle is stationary, unless:
8.1
The vehicle is in an enclosed structure so as to effectively prevent excessive noise
emission;
8.2
The 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-mix concrete trucks, lift platforms,
refuse compactors and heat exchange systems;
8.3
Weather conditions justify the use of heating or refrigeration systems powered by the motor
or engine for the health and safety of animals or the preservation of perishable cargo.
9.
The discharge of a firearm for other than hunting purposes or the protection of persons or property.
BY-LAW NO. 2022-044
Page 8
SCHEDULE "B"
PROHIBITED ACTS AND DEVICES BY TIME AND PLACE
1.
Construction or the operation of any construction equipment whatsoever except in the case of
emergency or as otherwise authorized by the Town between 9:00 p.m. and 7:00 a.m.
2.
The operation or use of any power tool, non-power tool or equipment for domestic purposes other
than for snow removal between 9:00 p.m. and 7:00 a.m. Monday through Saturday unless a
holiday, and between 9:00 p.m. and 9:00 a.m. on Sundays and holidays.
3.
The operation of a commercial car wash with air drying equipment between 9:00 p.m. and 7:00
a.m. Monday through Saturday unless a holiday, and between 9:00 p.m. to 9:00 a.m. on Sundays
and holidays.
4.
The operation of a combustion engine which is, or is intended for use in, a toy, a model or a replica
which has no function other than amusement and which is not a motor vehicle between 9:00 p.m.
and 7:00 a.m.
5.
The venting, release or pressure relief of air, steam or other gaseous material, product or
compounds from any autoclave, boiler, pressure vessel, pipe, valve, machine, device or system
between 9:00 p.m. and 7:00 a.m.
6.
The operation of sound emitting pest control device between 7:00 p.m. and 7:00 a.m.
7.
A radio, phonograph, television, public address system, sound equipment, loud speaker, musical
or sound producing instrument and all similar devices on the premises of a restaurant, place of
entertainment or assembly hall between 11:00 p.m. and 9:00 a.m.
8.
Yelling, shouting, hooting or similar noises made by a human between the hours of 11:00 p.m. and
7:00 a.m.
9.
The operation of a stationary and/or moving motor vehicle on a property for a period exceeding 15
continuous minutes or a period exceeding 15 intermittent minutes in any one hour period of time
between 9:00 p.m. and 7:00 a.m.
BY-LAW NO. 2022-044
Page 9
SCHEDULE "C"
PROPOSED SET FINES
Item
Offence
Section
Proposed
Set Fine
1
Generate unnecessary noise in vicinity of a
hospital/nursing home/senior's rest home
2.1
$350.00
2
Emitting/permitting noise by electronic devices
2.2 and Schedule A, Section 1
$350.00
3
Emitting/permitting noise from car stereo
2.2 and Schedule A, Section 2
$350.00
4
Emitting/permitting noise from auditory
signaling device
2.2 and Schedule A, Section 3
$350.00
5
Emitting/permitting noise from fireworks on
other than permitted day
2.2 and Schedule A, Section 4
$350.00
6
Emitting/permitting noise from explosive
devices not approved by Town
2.2 and Schedule A, Section 5
$350.00
7
Permitting noise from continuous barking
2.2 and Schedule A, Section 6
$350.00
8
Emitting /permitting noise from
instrument/speaker or other device for
advertising purposes
2.2 and Schedule A, Section 7
$350.00
9
Emitting/permitting noise from operation of an
engine for period exceeding 15 minutes
2.2 and Schedule A, Section 8
$350.00
10
Emitting/permitting noise from the discharge of
a firearm
2.2 and Schedule A, Section 9
$350.00
11
Emitting/permitting noise from construction
equipment during prohibited times
2.3 and Schedule B, Section 1
$350.00
12
Emitting/permitting noise from tools during
prohibited times
2.3 and Schedule B. Section 2
$350.00
13
Emitting/permitting noise from commercial car
wash during prohibited times
2.3 and Schedule B. Section 3
$350.00
14
Emitting/permitting noise from operation of an
engine used for amusement during prohibited
times
2.3 and Schedule B, Section 4
$350.00
15
Emitting/permitting noise from pressure relief
of air/steam/gaseous materials during
prohibited times
2.3 and Schedule B, Section 5
$350.00
16
Emitting/permitting noise from pest control
device during prohibited times
2.3 and Schedule B, Section 6
$350.00
17
Emitting/permitting noise from electronic
devices/musical instrument or similar device
during prohibited times
2.3 and Schedule B, Section 7
$350.00
18
Emitting/permitting noise by
yelling/shouting/hooting/similar noise
2.3 and Schedule B, Section 8
$350.00
BY-LAW NO. 2022-044
Page 10
Item
Offence
Section
Proposed
Set Fine
19
Emitting/permitting noise from motor vehicle on
property for period exceeding 15
continuous/intermittent minute period during
prohibited times
2.3 and Schedule B, Section 9
$350.00
20
Obstructing Officer performing duty
5.2
$500.00