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OFFICE CONSOLIDATION
This is a consolidation of the Town's by-law to control noise being By-
law 86-110 as amended by By-law 95-66, 2010-117, 2012-016, 2022-
036 and 2026-066. This is prepared for reference and information
purposes only. The following consolidation is an electronic
reproduction made available for information only. It is not an official
version of the by-law. Official versions of all by-laws can be obtained
from the Legislative Services section by calling (905) 584-2272. If
there are any discrepancies between this consolidation and By-laws
86-110, 95-66, 2010-117, 2012-016, 2022-036 and 2026-066 the By-
laws shall prevail.
THE CORPORATION OF THE TOWN OF CALEDON
BY-LAW NO. 86-110
A by-law to control noise
WHEREAS it is expedient to exercise the power conferred upon the Council by the
Environmental Protection Act and other statutory authority; and
WHEREAS a recognized body of scientific and technological knowledge exists by which
sound and vibration may be substantially reduced; and
WHEREAS the people have a right to and should be ensured an environment free from
unusual, unnecessary or excessive sound or vibration which may degrade the quality
and tranquility of their life or cause nuisance; and
WHEREAS it is the policy of the Council to reduce and control such sound or vibration;
NOW THEREFORE, the council of The Corporation of the Town of Caledon enacts as
follows:
1.
Interpretation
(1)
In this by-law,
(a)
Construction
"construction" 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 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;
(b)
Construction Equipment
"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;
(c)
Conveyance
"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;
(d)
Council
"Council" means the Council of The Corporation of
the Town of Caledon;
[By-law 2012-016
(dd)
dB(A)
effective Feb 14/12]
"dB(A)" means the sound pressure measured in
decibels using "A" weighted scale of a sound level
meter set to slow response;
[By-law 2012-016
(ddd) Decibel
effective Feb 14/12]
"Decibel" means a unit for expressing the relative
intensity of sounds on a scale from zero for the
average least perceptible sound to approximately
130 for the average pain level;
(e)
Highway
"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;
(f)
Motor Vehicle
"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;
(g)
Motorized Conveyance
"motorized conveyance" means a conveyance
propelled or driven otherwise than by muscular,
gravitational or wind power;
(h)
Municipality
"municipality" means the land within the geographic
limit of the Town of Caledon;
[By-law 2012-016
(i)
Noise
effective Feb 14/12]
"noise" means unwanted sound;
[By-law 2012-016
(ii)
Officer
effective Feb 14/12]
"Officer" means a person appointed by The
Corporation of the Town of Caledon for the
enforcement of its by-laws and also includes a
member of the Ontario Provincial Police Force;
(j)
Point of Reception
"point of reception" means any point on the
premises of a person where sound or vibration
originating from other than those premises is
received and
[By-law 2012-016
(k)
RPM
effective Feb 14/12]
"RPM" means revolutions per minute;
[By-law 2012-016
(l)
Sound Level Meter
effective Feb 14/12]
"Sound Level Meter" means a device used to
measure sound pressure which meets the
American National Standards Institute S1.4-
1983(R2006), or the International Electro-Technical
Council Standard No. 123, or the British Standard
no. 3539 Part 1, or the U.S.A. Standard S1.4-196,
as amended.
(2)
Residential Area
In this by-law "Residential Area" means those areas of the
municipality designated in the Official Plan of the Town of
Caledon Planning Area as "Settlement Area".
2.
General Prohibitions
No person shall emit or cause or permit the emission of sound
resulting from an act listed herein, and which sound is clearly
audible at a point of reception:
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
continuous period exceeding five minutes, while such
vehicle is stationary in a Residential Area unless:
(i)
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,
(ii)
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-mixed
concrete trucks, lift platforms and refuse
compactors; or,
(iii)
weather conditions justify the use of heating or
refrigerating systems powered by the motor or
engine for the safety and welfare of the operator,
passengers or animals, or the preservation of
perishable cargo, and the vehicle is stationary for
purposes of delivery or loading; or,
(iv)
prevailing low temperatures make longer idling
periods necessary immediately after starting the
motor or engine; or,
(v)
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.
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 without effective muffling devices in good
working order and in constant operation.
[By-law 2012-016 2A.
(1)
No person shall operate a motorcycle on any
effective Feb 14/12]
highway if the motorcycle:
1.
emits any sound exceeding 92 dB(A) from the
exhaust outlet as measure at 50 centimeters by
means of a Sound Level Meter set to slow
response while the engine of the motorcycle is at
idel; or
2.
is a one, two, five or six cylinder motocycle and
emits any sound exceeding 96 dB(A) from the
exhaust outlet as measured at 50 centimetres by
means of a Sound Level Meter set to slow
response when the engine is at 2000 RPM; or
3.
is a three or four cyclinder motorcycle and emits
any sound exceeding 100 dB(A) from the exhaust
outlet as measured at 50 centimetres by means of
a Sound Level Meter set to slow response when
the engine is at 5000 RPM.
(2)
No person shall hinder or obstruct the Sound Level Meter
testing procedure carried out by an Officer pursuant to the
provisions of this by-law.
3.
Prohibitions by Time and Place
No person shall emit or cause or permit the emission of sound
resulting from any act listed in Table 3-1 if clearly audible at a
point of reception located in a Residential Area within a prohibited
time shown in Table 3-1.
TABLE 3-1
PROHIBITIONS BY TIME AND PLACE
Act
Prohibited Period of Time
1. The detonation of fireworks or explosive devices not
used in construction
At all times
2. The discharge of firearms
At all times
3. The operation of a combustion engine which,
(i)
is, or
(ii)
is used in, or
(iii)
is intended for use in
a toy, or a model or replica of any device, which model
At all times
or replica has no function other than amusement and
which is not a conveyance.
4. 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.
11:00 p.m. one day to
7:00 a.m. the next day
5. 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.
11:00 p.m. one day to
7:00 a.m. the next day
6. The operation of any powered rail car, including but
not limited to refrigeration cars, locomotives or self-
propelled passenger cars, while stationary on
property not owned or controlled by a railway
governed by the Canada Railway Act.
11:00 p.m. one day to
7:00 a.m. the next day
7. The operation of any motorized conveyance other
than on a highway or other place intended for its
operation.
11:00 p.m. one day to
7:00 a.m. the next day
8. The venting, release or pressure relief of air, steam
or other gaseous material, product or compound
from any autoclave, boiler, pressure vessel, pipe,
valve, machine, device or system.
11:00 p.m. one day to
7:00 a.m. the next day
9. 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.
11:00 p.m. one day to
7:00 a.m. the next day
10. The operation of a commercial car wash with air
drying equipment.
11:00 p.m. one day to
7:00 a.m. the next day
11. Yelling, shouting, hooting, whistling or singing
11:00 p.m. one day to
7:00 a.m. the next day
12. The operation of a power assisted hand glider or
parafoil.
11:00 p.m. one day to
7:00 a.m. the next day
13. All selling or advertising by shouting or outcry or
amplified sound.
11:00 p.m. one day to
7:00 a.m. the next day
14. Loading, unloading, delivering, packing, unpacking,
or otherwise handling any containers, products,
materials, or refuse, whatsoever, unless necessary
for the maintenance of essential services or the
moving of private household effects.
11:00 p.m. one day to
7:00 a.m. the next day
15. The operation of any equipment in connection with
construction
11:00 p.m. one day to
6:00 a.m. the next day and
8:00 p.m. one day to 8:00
a.m. the next day on Sundays
and statutory holidays
16. The operation or use of any tool for domestic
purposes other than snow removal.
11:00 p.m. one day to
7:00 a.m. the next day
17. The operation of solid waste bulk lift or refuse
compacting equipment.
11:00 p.m. one day to
7:00 a.m. the next day
18. The operation of a commercial car wash of a type
other than mentioned in item 10.
11:00 p.m. one day to
7:00 a.m. the next day
[Section 6.1
added, By-law
2026-066,
effective June
23, 2026]
4.
Exemption for Public Safety
Notwithstanding any other provision of this by-law, it shall be
lawful to emit or cause or permit the emission of sound or vibration
in connection with emergency measures undertaken:
(a)
for the immediate health, safety or welfare of the
inhabitants or any of them; or,
(b)
for the preservation or restoration of property;
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 purpose.
[By-law 2012-016 4A
This by-law may be enforced by the Officers of the Ontario
effective Feb 14/12]
Provincial Police and Town of Caledon By-law Enforcement
Officers.
5.
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.
[By-law 95-66
6.
Penalty
effective Jun 26/95]
Every person who contravenes any of the provisions of this by-law
is guilty of an offence.
6.1
Every Person who contravenes any provision of this By-law,
including an Order issued under this By-law, is guilty of an offence
and is liable to pay to the Town an Administrative Penalty and any
Administrative Fees, where applicable, pursuant to the
Administrative Monetary Penalty System By-law 2024-086, as
amended
[By-law 95-66
7.
Exemptions
effective Jun 26/95]
The Council, upon application of any person who proposes to
emit, or cause or permit the emission of sound not in conformity
with the provisions of this by-law, may authorize an exemption
from the provisions of this by-law provided that, in the opinion of
the Council, the general intent and purpose of this by-law are
maintained.
[By-law 95-66
8.
A person seeking an exemption shall
effective Jun 26/95]
(1)
submit an application to the chief by-law enforcement
officer who shall prepare a report in respect of the
application,
(2)
pay a non-refundable application fee of $50.00, at the time
of submitting the application, and
(3)
be heard by the Council, or such committee of Council as
designated by Council, which committee shall recommend
to Council whether or not to grant the exemption
requested.
9.
Effective Date
This by-law shall come into force and take effect from the date it is
approved by the Minister of the Environment.
By-law read a first time
This 23rd day of June 1986
__________________________
Mayor
__________________________
Clerk
By-law read a second and third time and
finally Passed in Open Council
This 7th day of July 1986
__________________________
Mayor
__________________________
Clerk
This By-law is approved pursuant to the
Provisions of the Environmental Protection
Act at Toronto, This 19th day of
August, 1986.
"Jim Bradley"
MINISTER OF THE ENVIRONMENT