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BY-LAW NO. 29-2017
OFFICE CONSOLIDATION
Amended by 138-2021 and 50-2025
A BY-LAW OF THE CORPORATION OF THE TOWN OF CARLETON PLACE,
BEING A BY- LAW TO PROHIBIT UNUSUAL NOISES AND NOISE LIKELY TO
DISTURB THE INHABITANTS OF A MUNICIPALITY
WHEREAS pursuant to Section 129 of the Municipal Act S.O. 2001, the Council
of the Corporation of the Town of Carleton Place has the authority to enact a by-
law governing unusual noises and noises likely to disturb the inhabitants and;
WHEREAS the Council of the Corporation of the Town of Carleton Place deems it
expedient and necessary to regulate such noises;
NOW THEREFORE the Council of the Corporation of the Town of Carleton Place
enacts as follows:
1. DEFINITIONS
1.1
Amplifier means a device for making sounds, voices, or noises
louder.
1.2
By-law Enforcement Officer means a By-law Enforcement Officer for
the Town of Carleton Place.
1.3
Construction includes erection, alteration, repair, dismantling,
demolition, structural maintenance, painting, moving, land clearing,
earth moving, grading, excavating, the use of chainsaws, 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.
1.4
Corporation means the Corporation of the Town of Carleton Place.
1.5
Council means The Council for the Corporation of the Town of
Carleton Place.
1.6
Lawn Maintenance Equipment means equipment which is
operated by an engine or motor, either driven, hand pushed or held
and includes lawnmowers, whipper snippers, lawn tractors, leaf
blowers, bush hogs, brush chippers, hedge clippers, edgers and
other similar devices used to landscape, cut, mow, trim or maintain
ones own lawn, yard, garden or lot.
1.7
Loudspeaker means a device which produces sound.
1.8
Microphone means an instrument which can change sound waves
into electric waves and can therefore be used to record voices or
sounds.
1.9
Municipality means the Corporation of the Town of Carleton Place.
1.10 Noise means sound that is excessive, or of such volume or
persistence that it has the effect or potential effect of disturbing
inhabitants
1.11 Persistence means continuing to exist or endure over a prolonged
period of time continuously or intermittently for an aggregate period of
at least 20 minutes out of any 60 minute period.
1.12 Plainly Audible means the sound in question can be easily
detected, without undue effort, by a disinterested person with no
hearing disability.
1.13 Police Officer means an Officer of the Carleton Place
Detachment of the Ontario Provincial Police
1.14 Point of Reception means any point on the premises of a person
where noise or vibration originating from other than those premises
is received.
1.15 Public Address System means any combination of equipment
capable of producing or reproducing sound such as an
amplifier, loudspeaker and microphone, whether being used
for addressing or entertaining the public.
1.16 Public Buildings means any building owned or operated by any
level of government, crown corporation or public utility. This
definition shall also include hospitals and schools.
1.17 Public Place means any land owned or operated by any level of
government, crown corporation or public utility. This definition shall
also mean hospitals and schools.
1.18 Site Alteration means any alteration to the grade (topography) of land
through the movement, removal or placement of bedrock, substrate, topsoil
or fill.1
1.19 Urgent Necessity shall mean that it is essential that work, noise,
thing, or event etc. continue or begin for the health, safety, or
welfare for those involved including the community.
2. GENERAL PROVISIONS
2.1
No person shall ring any bell, blow or sound any horn or cause the
same to be rung, blown or sounded; shout or create or permit
unusual noises, or noises likely to disturb the residents of the
community unless authorized by law or in accordance with good
safety practices.
2.2
No person shall create or permit noise by playing radios, television
sets, musical or a sound producing instrument or device of whatever
kind which disturbs the peace, quiet, comfort or repose of the
resident of the community and which noise is clearly audible at a
point of reception.
2.3
No person shall keep birds or animals, the noise of whose crowing,
cries, barking or other such sounds disturb the peace and comfort of
the neighbourhood. The owner or person having the bird or animal
under their control when the noise was generated is liable for the
noise causing the disturbance.
2.4
No person shall cause or permit noise arising from construction
between the hours of 10:00 p.m. and 6:00 a.m. the following day,
except in the case of urgent necessity or emergency.
2.4.1 Notwithstanding Section 2.4, temporarily located de-
watering pumps and generators powering such pumps shall
be permitted to operate during all hours of the day, provided
that:2
a) The noise level emitted from these pumps or generators does
not exceed 50 decibels, as measured from the windowpane of
the closest occupied residential property; and
b) All dewatering pumps and generators are equipped with noise
mitigation measures, including but not limited to noise reduction
1 Added by 138-2021
2 Amended by 50-2025
barriers or enclosures, to minimize disturbance to nearby
residents.
2.4.2 Notwithstanding Section 2.4, no person shall cause or permit
noise arising from construction between the hours of 10:00
p.m. and 8:00 a.m. the following day on the weekend or in the
event of a statutory holiday, except in the case of urgent
necessity or emergency.
2.4.3 No person shall cause or permit noise arising from site service
alterations except between the hours of 7:00 a.m. to 9:00 p.m.
Monday to Friday and from 8:00 a.m. to 6:00 p.m. on Saturdays.
Site alteration activities shall include noise emitted from the
operation of heavy machinery such as excavators, cranes,
loaders, backhoes, dump trucks and bulldozers that are more
than 5 tons, mast drill rigs, breaking hammers over 20 kilograms
and explosive products such as dynamite except in the event of
emergency.3
2.4.4 Notwithstanding Section 2.4.3, no person shall cause or permit
noise arising from construction for the purpose of site alteration
at any time on Sundays or statutory holidays as defined by the
Employment Standards Act. Site alteration activities shall include
noise emitted from the operation of heavy machinery such as
excavators, cranes, loaders, backhoes, dump trucks and
bulldozers that are more than 5 tons, mast drill rigs, breaking
hammers over 20 kilograms and explosive products such as
dynamite, except in the event of emergency.4
2.5
No person shall cause or permit noise arising from lawn
maintenance equipment between the hours of 10:00 p.m. and 6:00
a.m. the following day.
2.5.1 Notwithstanding Section 2.5, no person shall cause or permit
noise arising from lawn maintenance equipment between the
hours of 10:00 p.m. and 8:00 a.m. the following day on the
weekend or in the event of a statutory holiday.
2.6
No person shall cause or permit any noise in the vicinity of any
school, seminar of learning, court, or other such public buildings
3 Added by By-law 138-2021
4 Added by By-law 138-2021
while the same is in session, or in the vicinity of any hospital or
convalescent institution or rest home when such noise interferes
with the undertaking of the same.
2.7
No person shall cause or permit any noise resulting from racing of
any motorized conveyance other than in a racing event regulated
by law.
2.8
No person shall cause or permit any noise resulting from the operation
of a motor vehicle in such a way that the tires squeal.
2.9
No person shall cause or permit any noise resulting from 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:
2.9.1 The original manufacturer specifically recommends a long
idling period for normal and efficient operation of the motor
vehicle (written documentation must be provided) in which
case such recommended period shall not be exceeded.
2.9.2 The operation of such engine or motor is essential to a basic
function of the vehicle equipment, including but not limited to,
operation of ready mixed concrete trucks, lift platforms and
refuse compactors.
2.9.3 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 the purposes of delivery or loading, or emergency.
2.9.4 Unless it is an urgent necessity or emergency.
2.10 Notwithstanding previously mentioned clauses in Section 2.9, but
not including Section 2.9.4, no person shall cause or permit to be
caused, noise resulting from the operation of an engine or motor in,
or on, any motor vehicle or item of attached auxiliary equipment while
such vehicle is stationary in a residential zone between the hours of
11:00 p.m. to 6:00 a.m. the following day.
3.
EXCEPTIONS TO THE GENERAL PROVISIONS
3.1
The use in a reasonable manner of any apparatus or mechanism for
the amplification of the human voice of music in a park or any other
public place in connection with any lawful and peaceable public
meeting or gathering that has received written permission from the
Facilities Operation Committee or any other persons or committees
that may be directly or indirectly affected by the event shall be
permitted.
3.2
Necessary work performed by municipal employees between the
hours of 10:00p.m. and 6:00 a.m. which otherwise performed during
the day would be a hindrance to the community.
3.3
Any person or group may make an application for an exception
for a case of urgent necessity.
3.4
All applications shall be submitted to the Director of Protective
Services stating:
a)
name of the applicant. It may be the name of an organization or
group, etc.
b)
the location or address where the noise will be originating from.
c)
the reason why an exception to the provisions of this by-law is
requested.
d)
the name and phone number of a contact person.
3.5
The Director of Protective Services or his designate shall have the right
to refuse to grant any exemption and/or impose such terms and
conditions as deemed appropriate as part of the exception agreement.
3.6
Breach of any of the terms and conditions of a granted exception
shall render the exception null and void.
3.7
This By-law shall not apply to noise heard through a common wall or
floor in multi-unit residences unless such noise is plainly audible at a
point of reception outside the residence.
3.8
This By-law shall not apply to the operation of a generator during a
power failure or other emergency.
4.
ENFORCEMENT
4.1
Any person who contravenes any of the provisions of this by-law
and the procedures with respect thereto is guilty of an offence and
the enforcement and the penalty imposed thereunder shall be
subject to the provisions of The Provincial Offences Act, R.S.O.
1990, Chapter P.53 and the amendments thereto, and the penalty
for the commission of any such offence shall be provided for in the
said Provincial Offences Act
4.2
This by-law shall be enforced by any Municipal Law Enforcement Officer, an
Officer of the Ontario Provincial Police, or any designated official
authorized to issue Administrative Monetary Penalties under the AMPS
By-law, once enacted.5
4.3
Notwithstanding Section 4.1, once an Administrative Monetary Penalties
System By-law is enacted by the Corporation of the Town of Carleton Place,
any person who contravenes any provision of the By-law may be issued an
Administrative Monetary Penalty in accordance with the procedures and
penalties established under the AMPS By-law, as an alternative to
prosecution under the Provincial Offences Act.6
4.4
Enforcement Procedures - See Appendix "A"
5.
VALIDITY
5.1
If any section or part thereof of this by-law for any reason is deemed
invalid, the remaining parts of the by-law shall remain in effect
until repealed.
5.2
Where provisions of this by-law conflicts with the provisions of
another by-law in force in the municipality, the provisions that
establish the higher standards to protect the health, safety and
welfare of the general public prevails.
5.3
This By-law shall not take effect until an order regarding set fines
have been approved by the appropriate Judge of the Ontario
Court of Justice Provincial Division.
6.
SHORT TITLE
6.1
This by-law may be referred to as The Noise By-law.
7.
REPEAL OF BY-LAW
7.1
That By-law 27-2013 and amendments thereto prohibiting
unusual noises and noise likely to disturb the inhabitants of the
municipality be and is hereby repealed.
5 Amended/Replaced by 50-2025
6 Added by 50-2025
READ A FIRST TIME, SECOND TIME AND A THIRD TIME AND FINALLY
PASSED, THIS 9th, OF MAY 2017.
Louis Antonakis, Mayor
D.H. Rogers, Clerk
APPENDIX "A"
ENFORCEMENT PROCEDURES
When the By-law Enforcement department receives a neighbourhood complaint regarding
excessive or persistent noise the procedure described below will be followed
A notice is sent to the owner and/or occupant of the property where the concern is located.
Sometimes an owner/occupant may not be aware of the problem and this notice will be
enough to correct the issue.
At the same time a notice is sent to the complainant. At this stage, all information with
respect to the complainant (I.e. name, address) is kept strictly confidential. However, if the
noise continues to negatively impact them, the Town will require their involvement and
cooperation to help bring closure to the matter.
In order to gather evidence with respect to the noise which caused the complaint, the
complainant is required to record the following information in a diary format.
-
Type of noise (i.e. dog barking, machinery etc.)
-
How the noise is disturbing them
-
Their location on their property when they were disturbed
-
Information about the source of the noise
-
Time of day when the disturbance occurred
-
Duration of the noise
Once the complainant has the above information for at least ten occurrences within a 30-
day period when the noise has disturbed them, they are requested to contact our office to
discuss the possibility of charges being laid. Please note that the ten occurrences must
be after a formal complaint has been registered and the required notices have been
sent. This ensures that the owner/occupant has ample opportunity to take mitigating
measures.
The information collected by the complainant will be entered as evidence if by-law charges
are laid. The complainant may be required to testify in court on the evidence in the
presence of the occupant/owner of the property from which the noise originated. The
complainant may also be asked questions by the alleged violator or their legal
representative with respect to the evidence.