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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, other motor vehicles running only upon rails, or a motorized snow vehicle, ATV, traction engine, farm tractor, self-
- Motor vehicle
Ministry
Means the Ministry of Environment.
Minister
Means the Minister of the Environment.
Includes a common and public highway, street, avenue, parkway, driveway, square, place, bridge, via duct or trestle designed and intended for, or used by, the general public for the passage of vehicles.
Alvinston Means the Council of The Corporation of the Municipality of Brooke- Council
- 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 premises of a person.
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 and rollers, pumps, concrete mixers, graders or other material handling equipment.
connection therewith.
level, street and highway building, concreting, equipment installation and materials in any form or for any purpose, and includes any work in
Includes erection, alteration, repair, dismantling, demolition, structural maintenance, painting, moving, land clearing, earth moving, grading, excavating, the laying of pipe and conduit whether above or below ground alteration and the structural installation of construction components and Construction
## Definitions Section 1
NOW THEREFORE, the Municipal Council of the Corporation of the Municipality of Brooke-Alvinston enacts as follows:
AND WHEREAS, the Council wishes to list the By-law as an Offence under Part 1 of the Provincial Offences Act;
WHEREAS, Section 129 of the Municipal Act 2001, states that a Municipality may Prohibit and Regulate matters with respect to noise and vibration Pursuant to provisions of the Municipal Act, 2001
Being a By-law to Prohibit Noises calculated to disturb the Inhabitants of the Municipality of Brooke-Alvinston By-law Number 37 of 2021
## The Corporation of the Municipality of Brooke-Alvinston
propelled implement of husbandry or road building machine within the meaning of the Highway Traffic Act.
Motorized conveyance Means a conveyance propelled or driven otherwise than by a muscular, gravitational or wind power.
Municipality Alinst the land within the geographic limit of the Municipality of Brooke.
Noise Means unwanted sound.
Point of reception Means any point on the premises of a person where sound or vibration originating from other than those premises is received.
Police Means any member of the Ontario Provincial Police Means any person appointed by the municipality to act as a by-law By-Law Officer enforcement officer.
## Section 2 General Prohibitions
## Emissions - clearly audible - set out
No person shall emit or cause or permit the emission of sounds resulting from an act in so far as they are calculated to disturb the inhabitants of the Municipality of Brooke-Alvinston more specifically described as:
2.1 Racing - motorized conveyance - exception No person shall emit or cause or permit the emission of sound as a result of Racing of any Motorized Conveyance other than in a racing event regulated by law.
Tires - squealing No person shall emit or cause or permit the emission of sound as a result of the operation of a motor vehicle in such a way that the tires squeal.
Engine - pneumatic device - exhaust - ineffective No person shall emit or cause or permit the emission of sound as a result of the operation of any combustion engine or pneumatic device without an effective exhaust or intake muffling device in good working order and that is in constant operation.
Horn - use - other then warning No person shall emit or cause or permit the emission of sound as a result of the operation of a motor vehicle horn or other warning device except where required or authorized by law or in accordance with good safety Construction equipment - operation No person shall emit or cause or permit the emission of sound as a result the operation of the operation any item of construction equipment in an area without effective muffling devices in good working order and that is in constant operation.
3.6
Tools - domestic use - exception - snow removal No person shall emit or cause or permit the emission of sound that is clearly audible at a point of reception from the operation or use of any tool for domestic purpose other than snow removal between 9:00pm to 7:00am.
Construction equipment - use
No person shall emit or cause or permit the emission of sound that is clearly audible at a point of reception from the operation of any equipment in connection with construction between 9:00pm to 7:00am, unless in the commission of work connected with an emergency.
Selling - advertising - by shouting No person shall emit or cause or permit the emission of sound that is clearly audible at a point of reception from selling or advertising by shouting or outcry or amplified sound.
hooting, whistling or singing.
clearly audible at a point of reception from the persistent yelling, shouting, Yelling - shouting - whistling - other
No person shall emit or cause or permit the emission of sound that is
3.2
Signaling device - use other than for safety No person shall emit or cause or permit the emission of sound that is clearly audible at a point of reception from the operation of any auditory signaling device, including but not limited to the ringing of bells or gongs and the blowing of horns, the use of drums, 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.
Engine - combustion - toy - for amusement No person shall emit or cause or permit the emission of sound that is clearly audible at a point of reception from the operation of a combustion engine which, is or, is used in, or is intended for use in a toy, or a model or replica of any device which model or replica has no function other than amusement and which is not a conveyance.
No person shall within the limits of the "Urban" areas of the Municipality of Brooke-Alvinston more specifically, Inwood and Alvinston, make or permit to be made the following noises and vibrations in so far as they are calculated to disturb the inhabitants of those communities.
## PROHIBITIONS - BY TIME - PLACE
## Section 3
2.7
Barking - calling - other - animal - pet
No person shall emit or cause or permit the emission of sound that is clearly audible at a point of reception from the persistent barking, calling or whining or other similar persistent noise making by any domestic pet or any other animal kept or used for any purpose other than agriculture Loudspeakers - amplification sound equipment No person shall emit or cause or permit the emission of sound that is clearly audible at a point of reception from the operation of any electronic device or group of connected electronic devices incorporating one or more loudspeakers or other electro-mechanical transducers, and intended for the production, reproduction or amplification of sound.
3.6.1 Not withstanding provisions of 3.8, the commercial elevators located in Alvinston and Inwood are exempted during the intake and shipping of farm produce.
Refuse - compacting equipment - other No person shall emit or cause or permit the emission of sound that is clearly audible at a point of reception from the operation of solid waste bulk lift or refuse compacting equipment between 9:00pm to 7:00am.
clearly audible at a point of reception caused by any licensed or
No person shall emit or cause or permit the emission of sound that is unlicensed motorized vehicle, including trucks, motor cars, snow mobiles, truck, motor car, snow mobile, motor bike, and ATV's.
motor bikes, and ATV's, in starting up or driving said motorized vehicle, Loudspeakers Loudspeakers should only be permitted between the hours of 12 noon Tournament or star event is booked i he evine as its all loudspeakers only be allowed from noon to 6 p.m.
## SECTION 4 Penalty Section
Every Person who contravenes any provision of this by-law is guilty of an offence and on conviction may be subject to a fine as provided for in the
## SECTION 5
5.1 For heal roises of ties lyce, in a fense rice or any person, appointed by the Municipality to enforce said by-law.
## SECTION 6
6.1 For the purpose of this by-law an appointed person such as the Ontario Provincial Police, By-law Officer, Provincial Offenses Officer may enter onto private property to determine the source of a Sound or Noise.
SECTION 7
## Repeal of By-laws
By-law 8 of 2021 is hereby repealed.
## SECTION 8 Force and Effect
This by-law will come into force and take effect upon final passing. By-law read a first, 2nd and third time and finally passed this 8th day of Clerk
| Emit Sound from Selling - advertising by shouting | Emit Sound from Yelling, Shouting, Whistling or other noise | Emit Sound from Signaling Device other than when required | Emit Sound from Engine Combustion on toy device not used for conveyance | Emit Sound from Barking, Calling or Sec. 2.7 Whining of domestic pet | Emit Sound from Loudspeakers - amplifiers | Emit Sound from Ineffective Muffling device - construction equipment | Emit Sound from Ineffective Exhaust Emit Sound from Use of Horn other than warning | conveyance Emit Sound from Squealing Tires | Emit Sound from Racing - motorized Sec. 2.1 | ITEM COLUMN 1 - Short Form Wording |
|-----------------------------------------------------|---------------------------------------------------------------|-------------------------------------------------------------|---------------------------------------------------------------------------|------------------------------------------------------------------------|---------------------------------------------|------------------------------------------------------------------------|--------------------------------------------------------------------------------------|----------------------------------------------|-----------------------------------------------|--------------------------------------|
| Sec. 3.6 | Sec. 3.5 | Sec. 3.3 | Sec. 3.1 | | Sec. 2.6 | Sec. 2.5 | Sec. 2.4 | Sec. 2.2 Sec. 2.3 | | COLUMN 2 Offence Creating Provision |
| $250.00 | $250.00 | $250.00 | $250.00 | $250.00 | $250.00 | $250.00 | $250.00 $250.00 | $250.00 | $250.00 | COLUMN 3 Set Fine |
## SET FINE SCHEDULE
SCHEDULE "A" to
BY-LAW No. 37 of 2021
## PART Vincial OViences Act
## MUNICIPALITY OF BROOKE-ALVINSTON