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THE CORPORATION OF THE MUNICIPALITY OF BROCKTON
BY-LAW 2014-024
WHEREAS Section 129 (a) of the Municipal Act, 2001, S.O. 2001, c. 25 as amended, provides
that a local municipality may prohibit and regulate with respect to noise;
AND WHERAS pursuant to the said Municipal Act, Section 8 (1) and 9 provide that the powers
of a municipality under this or any other Act shall be interpreted broadly so as to confer broad
authority on the municipality to enable the municipality to govern its affairs as it considers
appropriate and to enhance the municipalities ability to respond to municipal issues and has
the capacity, rights, powers and privileges of a natural person for the purpose of exercising its
authority under this or any other Act;
AND WHEREAS the Council of The Corporation of the Municipality of Brockton deems it
necessary to establish one noise by-law to be applied to the entire Municipality of Brockton;
NOW THEREFORE the Council of The Corporation of the Municipality of Brockton ENACTS
as follows:
1. INTERPRETATION:
Definitions In this By-law:
1.1 Commercial Area: means any area designated as commercial use in the existing Zoning
By-laws of the Corporation of The Municipality of Brockton and subsequent amendments
thereto.
1.2 Construction includes erection, alteration, repair, dismantling, demolition, structural
maintenance, painting, moving, land clearing, earthmoving, grading, excavating, the laying of
pipe and 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;
1.3 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 or trucks, ditchers, compactors and
rollers, pumps, concrete mixers, graders, or other material handling equipment;
1.4 Conveyance includes a vehicle or 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 premises of a person;
1.5 Council means The Council of the Corporation of the Municipality of Brockton;
1.6 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;
1.7 Industrial Area means any area designated as industrial use in the existing Zoning By-
laws of the Corporation of The Municipality of Brockton and subsequent amendments thereto.
1.8 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
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 within the
meaning of the Highway Traffic Act;
1.9 Motorized Conveyance means a conveyance propelled or driven otherwise than by
muscular, gravitational or wind power;
1.10 Municipality means the land within the geographic limits of The Corporation of the
Municipality of Brockton;
1.11 Noise means sound that is of such a volume or nature that is likely to disturb the
inhabitants of the Municipality;
1.12 Point of Reception means any point where sound or vibration originating from a location
other than that point is received;
1.13 Quiet Zone means the area within 300 meters of South Bruce Grey Health Centre -
Brockton Site
1.14 Residential Area means any area designated for residential use or complete structure
used as residential in the existing Zoning By-laws of The Corporation of the Municipality of
Brockton and subsequent amendments thereto;
1.15 Public Park means any municipal park in the Municipality of Brockton; excluding the
Municipal Buildings within the park.
1.16 Rural Area means any area designated as rural or agricultural in the existing Zoning By-
laws of The Corporation of the Municipality of Brockton, and subsequent amendments thereto.
2. PROHIBITIONS:
No person shall emit or cause to permit the emission of noise resulting from an act at any time
night or day listed in Schedule A- General Prohibitions and which sound is clearly audible at
the point of reception.
3. PROHIBITIONS BY TIME AND PLACE:
No person shall emit or cause or permit the emission of noise resulting from any act listed in
Schedule B if clearly audible at a point of reception located in an area of the municipality within
a prohibited time shown for such an area
4. EXEMPTION:
4.1 Public Safety
Notwithstanding any other provision of this bylaw, it shall be lawful to emit or cause to permit
the emission of sound or vibration on connection with emergency measures undertaken:
4.1.1 for the immediate health, safety or welfare of the inhabitants; or
4.1.2 for the sounds or any bell, horn siren or other signaling device associated with any
emergency or law enforcement vehicle; or
4.1.3 where the Municipality, its servants, employees, contractors or agents are carrying out
Municipality operations or operating, maintaining, or installing municipally-owned infrastructure,
facilities or the like, except for the detonation of explosives; or,
4.1.4 for the noise created by the operation of snow plowing or snow removal equipment or for
the clearing of street or sidewalks; or,
4.1.5 for the preservation or restoration of property;
4.1.6 unless such sound or vibration is clearly of a longer duration or nature more disturbing,
than is reasonably necessary for the accomplishment of such emergency purposes.
5. EXEMPTION OF TRADITIONAL, FESTIVE CULTURAL, RELIGIOUS OR
OTHER ACTIVITIES
5.1 any annual fairs, parades, events or Community Festivals duly authorized by Council held
on municipal property.
5.2 any sporting or recreational events held in parks where the Municipality has authorized
such event.
5.3 Any band or parade, provided that the authorization for such band or parade has been first
been obtained from the Municipality of Brockton
5.4 for the ringing or sounding of church bells or chimes.
5.5 the lawful use and detonation of fireworks on the holidays referred to as Victoria Day,
Canada Day. Labour Day as per existing bylaws within The Municipality of Brockton, or any
higher legislation thereto;
5.6 where the emission of noise arises from necessary work being performed in the pursuit of
normal farm practices
6. GUN RANGE
6.1 No person shall permit the emission of noise by operation of a firearm from those lands
owned by the South Bruce Game and Fish Protective Association described as Part of Park
Lot 0, Plan 162, Orange Street and operated as a gun range, at any time other than between
the hours of 9:30 a.m. to 9:30 p.m Monday to Saturday. and 1:00 p.m. to 5:00 p.m. Sundays
7. GRANT OF EXEMPTION BY COUNCIL:
7.1 Application to Council:
Despite the provisions of this By-law, any person may make application to Council to be
granted an exemption from any of the provisions of this by-law with respect to any source of
sound or vibration for which he might be prosecuted and Council, by resolution, 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 the time period, not in excess of six months during
which it is effective and may contain such terms and conditions as Council sees fit.
7.2 Decision:
In deciding whether to grant the exemption, Council shall give the applicant and any person
opposed to the application an opportunity to be heard and may consider such other matters as
it sees fit.
7.3 Breach:
Breach by the applicant of any of the terms or conditions of any exemption granted by Council
shall render the exemption null and void.
7.4 No person shall breach any terms or conditions of any exemption granted by Council.
8.SEVERABILITY:
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.
9. PENALTY:
Every person who contravenes any provision of this by-law is guilty of an offence and subject
to penalty as provided for under the Provincial Offences Act. R.S.O. 1990, c.P.33
10. BY-LAWS REPEALED:
Municipality of Brockton By-law No. 2005-22 and 2014-010 are hereby repealed.
11. GENERAL:
11.1 That Schedules 'A' & 'B' are attached hereto and form part of this by-law.
11.2 That this by-law shall come into full force and effect upon its final passage.
11.3 That this by-law may be cited as the "Noise Control By-law"
READ, ENACTED, SIGNED AND SEALED THIS 10TH DAY OF MARCH, 2014
Mayor - David Inglis
Clerk - Debra Roth
Original Signed By
By Law 2014-024
SCHEDULE A
GENERAL PROHIBITIONS
1. Racing of any motorized conveyance other than in a racing event regulated by law.
2. The operation of a motor vehicle in such a way that the tires squeal.
3. The operation of any combustion engine or pneumatic device without an effective exhaust or
intake muffling device in good working order and in constant operation.
4. The operation of a vehicle or a vehicle with a trailer resulting in banging, clanking, squealing
or other like 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 auxiliary
equipment for a continues period exceeding three minutes, while such vehicle is stationary
in a Residential Area or Quiet Zone unless it meets the exemptions outlined in the
Municipality of Brockton Anti-Idling By Law 2008-51 as amended.
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.
7. The operation of any item of construction equipment in a Residential Area or Quiet Zone
without effective muffling devices in good working order and in constant operation.
8. Persistent barking, whining or other similar persistent noise making by any domestic pet for a
prolonged or excessive period of time.
9. The discharge of firearms.
By Law 2014-024
SCHEDULE B
By Law 2014-024
PROHIBITIONS
NOISE CREATED FROM THE
FOLLOWING ACTIVITIES IS
PROHIBITED
PROHIBITED AREA
PROHIBITED TIME OF DAY
The operation of any electronic
devices intended for the
production, reproduction
or amplification of sound.
Quiet Zone
All other Areas
At all times
11:00 pm to 7:00 am. Monday to Sunday
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 or
authorized by law or in
accordance with good safety
practices.
Quiet Zone
Residential Area & Public
Park
Commercial
At All Times
11:00 pm to 9:00 am Sunday
11:00 pm to 7:00 am Monday to
Saturday
2:00 am. to 7:00 am Sunday to Saturday
All selling or advertising by
shouting, outcry or amplified
sound.
Quiet Zone
All Other Areas
At All Times
11:00 pm to 7:00 am Monday to Sunday
The operation of any
construction equipment or in
connection with construction.
All Areas
All day Sunday
9:00pm to 7:00am Monday to Saturday
The operation of combustion
engine which is used in, or 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.
Quiet Zone
Residential
Commercial
At All Times
9:00pm to 9:00am Sunday to Saturday
11:00 pm to 9:00am Saturday to Sunday
The operation of any motorized
conveyance other than on a
highway or authorized
snowmobile trail.
Quiet Zone
All other Zones
At All Times
11:00pm to 9:00am Sunday
11:00pm to 7:00am Monday to Saturday
Persistent barking, whining or
other similar persistent noise
making by a domestic pet
All Zones
7:00 pm 7:00 am. Monday to Sunday
The operation of any powered or
non-powered tool, equipment or
appliance for domestic purposes
other than snow removal
All Zones
9:00pm to 9:00 am Sunday
9:00pm to 7:00 am Monday to Saturday
The operation of a solid waste
bulk lift or refuse compacting
equipment, delivery of products.
All Zones
11:00 pm to 7:00 am Monday to Sunday
Yelling, shouting, hooting,
singing or hollering.
Quiet Zone
All Other Zones
At All Times
11:00pm to 7:00 am Monday to Saturday
Loud playing of musical
instruments.
Quiet Zone
Residential Area & Public
Park
Commercial Area
At All Times
11:00pm to 9:00 am Sunday
11:00pm to 7:00 am Monday to Saturday
2:00 am. to 7:00 am Sunday to Saturday
'
ONTARIO COURT OF JUSTICE
PROVINCIAL OFFENCES ACT ·
PART I
IT IS ORDERED pursuant to the provisions of the Provincial Offences Act and the
rules for the Ontario Court of Justice 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 No. 2014-024, of the Municipality of
Brockton, attached hereto are the set fines for those offences. This Order is to
take effect May 13, 2014.
Dated at London this 13th day of May 2014.
~
Stephen J. Fuerth
Regional Senior Justice
West Region
1
PART 1 PROVINCIAL OFFENCES ACT
THE CORPORATION OF THE MUNICIPALITY OF BROCKTON
BY-LAW 2014-024
Being a by-law to regulate noise.
ITEM
COLUMN 1
Short Form Wording
COLUMN 2
Offence Creating Provision or Defining Offence
COLUMN 3
Set Fine
1
Noise from racing motorized conveyance
Section 2, Schedule A p.1
$100.00
2
Noise from squealing motor vehicle tires
Section 2, Schedule A p.2
$100.00
3
Noise from operating combustion engine without
effective muffling device
Section 2, Schedule A p.3
$100.00
4
Noise from operate pneumatic device without
effective muffling device
Section 2, Schedule A p.3
$100.00
5
Noise from operating vehicle with improper secured
load, equipment or inadequate maintenance
Section 2, Schedule A p.4
$100.00
6
Noise from operate vehicle with attached trailer with
improper secured load, equipment or inadequate
maintenance
Section 2, Schedule A p.4
$100.00
7
Noise from operate stationary engine or motor of
motor vehicle or auxiliary equipment continuously in
excess of 3 minutes in residential zone or quiet zone
Section 2, Schedule A p.5
$100.00
8
Noise from operate motor vehicle horn or other
warning device not in good safety practices
Section 2, Schedule A p.6
$100.00
9
Noise from operate construction equipment in
residential area or quiet area without effective
muffling device
Section 2, Schedule A p.7
$100.00
10
Allow persistent noise by domestic pet
Section 2, Schedule A p.8
$100.00
11
Noise from discharge of firearms
Section 2, Schedule A p.9
$100.00
12
Noise from operate electronic device in quiet zone
during prohibited time
Section 3, Schedule B
$100.00
2
ITEM
COLUMN 1
Short Form Wording
COLUMN 2
Offence Creating Provision or Defining Offence
COLUMN 3
Set Fine
13
Noise from operate electronic device during
prohibited time
Section 3, Schedule B
$100.00
14
Noise from operate auditory signalling device in quiet
zone during prohibited time
Section 3, Schedule B
$100.00
15
Noise from operate auditory signalling device in
residential or public park during prohibited time
Section 3, Schedule B
$100.00
16
Noise from operate auditory signalling device in
commercial area during prohibited time
Section 3, Schedule B
$100.00
17
Noise from create noise by selling advertising in quiet
area during prohibited time
Section 3, Schedule B
$100.00
18
Noise from create noise by selling advertising during
prohibited time
Section 3, Schedule B
$100.00
19
Noise from operate construction equipment during
prohibited time
Section 3, Schedule B
$100.00
20
Noise from operate combustion engine associated with
toy or model in quiet zone during prohibited time
Section 3, Schedule B
$100.00
21
Noise from operate combustion engine associated with
toy or model in residential zone during prohibited time
Section 3, Schedule B
$100.00
22
Noise from operate combustion engine associated with
toy or model in commercial zone during prohibited
time
Section 3, Schedule B
$100.00
23
Noise from operate motorized conveyance other than
highway or authorized trail in quiet zone during
prohibited time
Section 3, Schedule B
$100.00
24
Noise from operate motorized conveyance other than
highway or authorized trail during prohibited time
Section 3, Schedule B
$100.00
25
Allow persistent noise by domestic pet during
prohibited time
Section 3, Schedule B
$100.00
26
Noise from operate tools during prohibited time
Section 3, Schedule B
$100.00
27
Noise from operate waste, refuse or delivery
equipment during prohibited time
Section 3, Schedule B
$100.00
28
Noise from yelling in quiet zone during prohibited
time
Section 3, Schedule B
$100.00
3
ITEM
COLUMN 1
Short Form Wording
COLUMN 2
Offence Creating Provision or Defining Offence
COLUMN 3
Set Fine
29
Noise from yelling during prohibited time
Section 3, Schedule B
$100.00
30
Noise from play musical instrument in quiet zone
during prohibited time
Section 3, Schedule B
$100.00
31
Noise from play musical instrument in residential area
or public park during prohibited time
Section 3, Schedule B
$100.00
32
Noise from play musical instrument in commercial
area during prohibited time
Section 3, Schedule B
$100.00
33
Noise from discharge of firearm at Gun Range other
than allowed time
Section 6.1
$100.00
34
Breach condition or exemption granted by council
Section 7.4
$100.00
The penalty provisions for the offences listed above is Section 9 of By-Law 2014-024, certified copies of which have been filed.
1
Part 1 - Provincial Offences Act
The Corporation of the Municipality of Brockton
By-Law 2014-024
Being a By-Law to Regulate Noise
Item
Short Form Wording
Offence Creating Provision or
Defining Offence
Set Fine
1
Noise from racing motorized conveyance
Section 2, Schedule A p.1
$100.00
2
Noise from squealing motor vehicle tires
Section 2, Schedule A p.2
$100.00
3
Noise from operating combustion engine without effective muffling device
Section 2, Schedule A p.3
$100.00
4
Noise from operate pneumatic device without effective muffling device
Section 2, Schedule A p.3
$100.00
5
Noise from operating vehicle with improper secured load, equipment or
inadequate maintenance
Section 2, Schedule A p.4
$100.00
6
Noise from operate vehicle with attached trailer with improper secured load,
equipment or inadequate maintenance
Section 2, Schedule A p.4
$100.00
7
Noise from operate stationary engine or motor of motor vehicle or auxiliary
equipment continuously in excess of 3 minutes in residential zone or quiet
zone
Section 2, Schedule A p.5
$100.00
8
Noise from operate motor vehicle horn or other warning device not in good
safety practices
Section 2, Schedule A p.6
$100.00
9
Noise from operate construction equipment in residential area or quiet area
without effective muffling device
Section 2, Schedule A p.7
$100.00
10
Allow persistent noise by domestic pet
Section 2, Schedule A p.8
$100.00
11
Noise from discharge of firearms
Section 2, Schedule A p.9
$100.00
12
Noise from operate electronic device in quiet zone during prohibited time
Section 3, Schedule B
$100.00
13
Noise from operate electronic device during prohibited time
Section 3, Schedule B
$100.00
14
Noise from operate auditory signalling device in quiet zone during prohibited
time
Section 3, Schedule B
$100.00
15
Noise from operate auditory signalling device in residential or public park
during prohibited time
Section 3, Schedule B
$100.00
16
Noise from operate auditory signalling device in commercial area during
prohibited time
Section 3, Schedule B
$100.00
17
Noise from create noise by selling advertising in quiet area during prohibited
Section 3, Schedule B
$100.00
2
Item
Short Form Wording
Offence Creating Provision or
Defining Offence
Set Fine
time
18
Noise from create noise by selling advertising during prohibited time
Section 3, Schedule B
$100.00
19
Noise from operate construction equipment during prohibited time
Section 3, Schedule B
$100.00
20
Noise from operate combustion engine associated with toy or model in quiet
zone during prohibited time
Section 3, Schedule B
$100.00
21
Noise from operate combustion engine associated with toy or model in
residential zone during prohibited time
Section 3, Schedule B
$100.00
22
Noise from operate combustion engine associated with toy or model in
commercial zone during prohibited time
Section 3, Schedule B
$100.00
23
Noise from operate motorized conveyance other than highway or authorized
trail in quiet zone during prohibited time
Section 3, Schedule B
$100.00
24
Noise from operate motorized conveyance other than highway or authorized
trail during prohibited time
Section 3, Schedule B
$100.00
25
Allow persistent noise by domestic pet during prohibited time
Section 3, Schedule B
$100.00
26
Noise from operate tools during prohibited time
Section 3, Schedule B
$100.00
27
Noise from operate waste, refuse or delivery equipment during prohibited
time
Section 3, Schedule B
$100.00
28
Noise from yelling in quiet zone during prohibited time
Section 3, Schedule B
$100.00
29
Noise from yelling during prohibited time
Section 3, Schedule B
$100.00
30
Noise from play musical instrument in quiet zone during prohibited time
Section 3, Schedule B
$100.00
31
Noise from play musical instrument in residential area or public park during
prohibited time
Section 3, Schedule B
$100.00
32
Noise from play musical instrument in commercial area during prohibited
time
Section 3, Schedule B
$100.00
33
Noise from discharge of firearm at Gun Range other than allowed time
Section 6.1
$100.00
34
Breach condition or exemption granted by council
Section 7.4
$100.00
The penalty provision for the offences listed above is Section 9 of By-Law 2014-024, certified copies of which have been filed.