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Bylaw 16 -2006
Corporation of the Municipality of Central Huron
Being a bylaw to control noise within the Cmporation of the Municipality of Central Huron.
WHEREAS the Municipal Act, 2001, S.O. 2001, chapter 25, Section 129 (1) provides that bylaws may
be passed by the Councils of local municipalities for prohibiting or regulating noise and vibration within
the municipality;
AND WHEREAS it is deemed expedient and necessary to provide an environment free from unusual,
unnecessary or excessive noises or vibrations which may disturb the inhabitants of the Municipality of
Central Huron;
NOW THEREFORE the Council of the Municipality of Central Huron ENACTS AS FOLLOWS:
1.
INTERPRETATION:
1.1
lnthisbylaw,
1.1.1
Activitv Zone
SHORT TITLE
NOISE CONTROL BYLAW
"activity zone" includes every area of the municipality, which is not specifically designated
as a quiet area in Schedule "A" which is attached to and forms part of this Bylaw;
1.1.2
Bvlaw Enforcement Officer
"Bylaw Enforcement Officer" for the purposes of this bylaw means those persons appointed
from time to time by Council or an officer of the Ontario Provincial Police;
1.1.3
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;
1.1.4
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,
pneumatics 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;
1.1. 5
Continuous Noise
"continuous noise" means any sound occurring for a duration of more than three minutes, or
occurring continually, sporadically or erratically, but totaling more than three minutes in any
fifteen minute period of time;
1.1.6
Council
"Council" means the Council of the Municipality of Central Huron;
1.17
Davtime
"daytime" means the time from 7:01 a.m. to 9:59p.m., local time;
1.1.8
dB
"dB" for the purposes of the bylaw dB shall mean "decibel"
1.1.9
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;
Noise Control Bylaw 16-2006
Municipality of Central Huron
1.1.10
Municipality
2
"municipality" means the lands within the geographic limit of the Corporation of the
Municipality of Central Huron;
1.1.11 Nightime
"nighttime" means that period from 10:00 p.m. to 7:00a.m., local time;
1.1.12
Noise
"noise" means unwanted sound including;
a) any sound, continuous sound or non-continuous sound which disturbs or tends to disturb
the peace, quiet, rest, enjoyment, comfort or convenience of the neighbourhood in which
such sound is received, or, of any reasonable person in the vicinity of the source of such
sound who receives such sound; or,
b) any sound, continuous sound or non-continuous sound, which exceeds a sound level
permitted by this bylaw at the point of reception of such sound.
1.1.13
Noise Level
"noise level" means the level of noise or sound measured in dBs on the "A" Scale, which is
to say the "A" weighted network and Slow response of a sound level meter;
1.1.14
Non-continuous Noise
"non-continuous noise" means any sound, which is not defined as a continuous noise;
1.1.15
Point of Reception
"point of reception" means
a) any place on a real property where sound originating from any source, other than a source
on such real property, is received; or
b) any place on a highway sound is received;
1.1.16
Quiet Zone
"quiet zone" means those areas within the municipality, which are so designated for time to
time in Schedule "A" which is attached to and forms part of this Bylaw;
1.1.17 Real Property
"real property" does not include highways but does include all other land and all
improvements which have been affixed to the land;
1.1.18
Sound Level Meter
"sound level meter" means a device which meets the "C.S.A. Standard Zl07.1-1973"; or,
International Electro-Technical Commission Standard No. 123;or, the British Standard No.
3539 Part 1; or the United States of America Standard A.N.S.I. S 1.4-1971
1.2
Zones
In this bylaw, Quiet Zone and Activity Zone are as set out and described in Schedule "A"
attached hereto.
2.
PROHIBITION
A)
Except as specifically permitted in this Bylaw, no person shall:
1.
make, cause or permit any noise or sound to be made in or on a highway, real
property or elsewhere in the Municipality which disturbs, or tends to disturb, the
quiet, peace, rest, enjoyment, comfort or convenience of the neighbourhood, or of
persons in the vicinity; or
11.
make, cause or permit any noise or sound to be made in or on a highway, real
property or elsewhere in the Municipality that exceeds the noise levels authorized
by this Bylaw.
Noise Control Bylaw 16-2006
Municipality of Central Huron
3
B)
Except as specifically permitted in this bylaw, no owner or occupier of real property shall
allow or permit by any other person, or by any animal, or by any bird or fowl, if any of
the same are in the control of such first-mentioned person, any noise or sound which
disturbs, or tends to disturb, the quiet, peace, rest, enjoyment, comfort or convenience of
the neighbourhood, or of persons in the vicinity, or which exceeds the noise levels
authorized by this Bylaw to emanate from such real property.
3.
NOISE LEVELS
3.1
The noise level of continuous noise emanating from real property within an activity zone
or from a stationary source on a highway adjoining such real property in an activity zone
shall not exceed 60 dBs during the daytime and 55 dBs at night.
3.2
The noise level of continuous noise emanating from real property within a quiet zone or
from a stationary source on a highway adjoining such real property in a quiet zone, shall
not exceed 55 dBs during the daytime and 45 dBs at night.
3.3
The noise level of non-continuous noise emanating from real property in either an
activity zone or a quiet zone or from a stationary source situated on a highway in either
an activity zone or a quiet zone, shall not exceed 80 dBs during the daytime or 75 dBs at
night.
4.
MEASUREMENT OF NOISE LEVELS
4.1
Every Bylaw Enforcement Officer of the Corporation is authorized to measure noise
levels with sound level meters in substantial accordance with the procedures set out in
Schedule "A" of this Bylaw.
4.2
The noise levels measured by a Bylaw Enforcement Officer shall be a conclusive
statement of whether the noise or sound emanating from real property or a highway
exceeds the noise levels authorized by this bylaw.
5.
EXEMPTION
5.1
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 in connection with emergency measures undertaken:
5.1.1
for the immediate health, safety or welfare of the inhabitants; or
5.1.2 for the preservation or restoration of property; or
5.1.3
for the sounds of any bell, horn, siren or other signaling device associated with any
emergency or law enforcement vehicle; or
5.1.4 for any noise arising from emergency road work or road improvements undertaken by or
on behalf of the Municipality of Central Huron, the County of Huron, or the Ministry of
Transportation of Ontario; or
5.1.5
for the operation of snow plowing or snow removal equipment or for the cleaning of
streets or sidewalks;
5.1.6
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 purpose.
5.2
Agricultural Activity
Notwithstanding any other provisions of this bylaw, it shall be lawful to emit or cause or
permit the emission of sound or vibration in connection with any agriculture or farm
activity such as food crop seeding, chemical spraying or harvesting, carried on by a
farmer in relation to normal farm practices, but not including the use of sound bangers
and other similar equipment or devices;
Noise Control Bylaw 16-2006
Municipality of Central Huron
5.3
Educational Institutions
4
Notwithstanding any other provision of this bylaw, it shall be lawful to emit or cause or
permit the emission of sound or vibrations in connection with the normal operation of
educational institutions during regular business hours and/or during school authorized
activities.
5.4
Wind Turbines I Energy
Notwithstanding any other provisions of this bylaw and subject to the requirements of the
Municipal Site Plan Control and Ministry of the Environment Certificate of Approval, it
shall be lawful to emit or cause or permit the emission of sound or vibration in
connection with the generation of Wind Energy.
6.
EXEMPTION OF TRADITIONAL, FESTIVE CULTURAL, RELIGIOUS OR OTHER ACTIVTIES
Notwithstanding any other provisions of this bylaw, this bylaw does not apply to a person who
emits or causes or permits the emission of sound or vibration in connection with any of the listed
traditional, festive, religious and other activities:
6.1
Any annual fairs, parades, events or Community Festival duly authorized by Council;
6.2
the lawful use and detonation of fireworks on the two statutory holidays referred to as
Victoria Day, and Dominion Day or Canada Day as per existing bylaws within the
Municipality of Central Huron, or any successor legislation thereto;
6.3
For the ringing or sounding of church bells or chimes;
6.4
Sporting and recreational activities lawfully carried on in a public or private park,
playground, schoolyard, or recreational centre during the daytime.
6.5
Discharge of firearms:
1.
during a period authorized as a hunting season; or
11.
activities lawfully sponsored or carried on during the daytime on any day, by
licenced Gun Clubs situated in rural areas; or
111.
to carry out normal day to day farm/agricultural practices.
6.6
Live Racing, related activities and special events as carried out by Clinton Raceway Inc.
at the Clinton Community Park.
6.7
Use of a lawn mower or power garden tools during the daytime, provided that the noise
level shall not exceed 77 dB.
6.8
Construction Hours:
The sound generated by construction activity or the activity of construction equipment, is
permitted during the following times only:
1.
During the daytime hours, Monday through Friday;
n.
Between the hours of 9:00 a.m. to 9:59 p.m. on Saturdays, Sundays and Statutory
Holidays;
7.
GRANT OF EXEMPTION BY COUNCIL
7.1
Application to Council
Notwithstanding anything contained in this bylaw, any person may make application to
Council to be granted an exemption from any of the provisions of this bylaw 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,
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 consider the application, the
report of the Bylaw Enforcement Officer and any written submission received by Council
and made by the applicant after receipt of the report of the Bylaw Enforcement Officer
and Council may consider such other matters as it sees fit.
7.3
Breach
Breach by the applicant of any of the terms or conditions of the exemption shall render
the exemption null and void.
Noise Control Bylaw 16-2006
Municipality of Central Huron
8.
SEVERABILITY
5
If a court of competent jurisdiction should declare any section or part of a section of this bylaw
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 bylaw and it is hereby declared that the
remainder of the bylaw shall be valid and shall remain in force.
9.
ENFORCEMENT I PENALTY
i.
Enforcement and Right of Entry:
Every Bylaw Enforcement Officer is authorized to enforce this Bylaw and, for that purpose may
enter at all reasonable times upon any real property in order to ascertain whether the provisions
of this Bylaw are being observed.
ii.
Complaints:
The Bylaw Enforcement Officer will investigate a noise complaint according to the Municipality
of Central Huron Enforcement of Noise Complaint Policy PR1 00 approved and attached as
Schedule "D" to this Bylaw.
m.
Penalty
Every person who contravenes any of the provisions of this bylaw is guilty of an offence and
upon conviction is liable to a penalty provided in Section 61 of the Provincial Offences Act
R.S.O. 1990 C. P.33 as amended from time to time.
iv.
Set Fine Ticket
This Bylaw may be enforced by means of a ticket in the form prescribed in the Set Fine Schedule
attached hereto as Schedule "C" to this Bylaw.
10.
BYLAWS - REPEALED
a)
The following bylaws are hereby repealed: Bylaw 19-1985 and Bylaw 15-1976 for the
former Town of Clinton and Bylaw 19 for the former Township of Goderich.
b)
Bylaws of the former municipalities now comprising the Corporation of the Municipality
of Central Huron, which are inconsistent with this bylaw, shall hereby be repealed.
11.
This Bylaw shall come into effect upon passing.
Read a First and second time this 1 Kh day of April 2006.
Read a third time and finally passed this 1 Kh day of April 2006.
R~
Noise Control Bylaw 16-2006
Municipality of Central Huron
Schedule "A" to Noise Bylaw 16-2006
Municipality of Central Huron
ZONES 1-2
1.2.1. QUIET AREAS:
"Quiet Zones" means those areas of the municipality specified as follows:
A)
East Ward
Pursuant to Town of Clinton Zoning Bylaw 7-1985, as amended
6
>- (Rl) Residential Low Density Zone; (R2) Residential Medium Density Zone; (R3)
Residential High Density Zone; (R4) Mobile Home Park Zone
>- (CFl) Community Facility Zone
Pursuant to Township of Hullett Zoning Bylaw 16-1987, as amended
>-
(VRl) Village Residential Low Density Zone; (VR2) Village Residential Medium
Density Zone; (VR3) Village Residential High Density Zone
>-
(Il) Institutional Zone
B)
WestWard
Pursuant to Township ofGoderich Zoning Bylaw 6-1984
>- (RRl) Rural Residential Zone; (RCl) Recreational Residential Zone; (RC2) Recreational
Trailer Park & Campground Zone; (RC3) Recreational Commercial; (R4) Mobile Home
Park Zone
>- (VRl) Village Residential Low Density Zone; (VR2) Village Residential Medium
Density Zone; (VR3) Village Residential High Density Zone
>-
(Il) Institutional Zone
1.2.2
ACTIVITY AREAS
"Activity Zones" means those areas of the Municipality specified as follows:
A)
East Ward
Pursuant to Town of Clinton Zoning Bylaw 7-1985, as amended:
>- (OS I) Open Space Zone
>- (C3) Highway Commercial Zone; (C4) Core Area Commercial Zone
>- (Ml) Light Industrial Zone; (M2) General Industrial Zone
>- (RCl) Recreational Commercial Zone
Pursuant to Township of Hullett Zoning Bylaw 16-1987, as amended
>- (AGl) General Agriculture Zone;
(AG2) Restricted Agriculture Uses Zone;
(AG4)Agricultural Small Holding
>-
(NEl) Natural Environment Zone; (NE4) Natural Environment Zone; (ERl) Extractive
Resources Zone
> (AG3) Agricultural Commercial Industrial Zone; (ER2) Extractive Industrial Zone
> (VCl) Village Commercial- General Zone; (VC2) Village Commercial- Highway Zone
> (VM 1) Village Industrial Zone
> (DS) Disposal Zone; (U) Communications and Utility Zone
> (C4) Salvage Yard Zone
B)
WestWard
Pursuant to Township ofGoderich Zoning Bylaw 6-1984 as amended
> (AGl)General Agriculture Zone; (AG2)Restricted Agriculture Uses Zone; (AG4)
Agricultural Small Holding Zone; (AG3) Agricultural Commercial- Industrial Zone
> (NEl) Natural Environment Zone
> (ERl) Extractive Resource Zone
> (OS 1) Open Space- Hazard Land; (OS2) Open Space - Parkland
> (ER2) Extractive Industrial Zone
> (VMl) Village Industrial Zone; (VCl) Village Commercial Zone; (HCl) Highway
Commercial Zone
> (C4) Salvage Yard; (DS) Disposal Zone; (U) Communications and Utility
Noise Control Bylaw 16-2006
Municipality of Central Huron
Schedule "B"
Noise Control Bylaw 16-2006
For the Municipality of Central Huron
7
1 .
All noise or sound levels shall be determined using a sound level meter on the "A" scale
and "slow" reading.
2.
Every sound level meter shall be used and operated in accordance with manufacturer's
instructions and shall be calibrated before and after each reading.
3.
When determining the noise or sound level from a source, the ambient or background
noise or sound level shall be established at the appropriate position and during the
relevant period of time wherever possible before taking sound measurements from the
source.
4.
Noise or sound measurements should, wherever possible, be made at a height of
approximately three (3) feet and a distance of 10 feet from any wall, buildings, or other
reflecting structures with the microphone appropriately oriented.
5.
Precautions shall be taken to ensure that the values recorded correspond to the noise
or sound being investigated and are not due to wind or extraneous sources.
6.
When the wind velocity exceeds five (5) miles per hour, a wind screen shall be used.
No test should be attempted when the wind velocity is above 25 miles per hour.
7.
The noise level of noise or sound emanating from a stationary source situated on a
highway in the Municipality shall be measured within six (6) metres of the nearest
portion of the stationary source.
8.
The noise level of noise or sound emanating from real property shall be measured from
a point within six (6) metres of either the source of the noise or sound or a boundary lot
line of the real property from which the noise or sound emanates, whichever is more
convenient to the person measuring the noise level of the noise or sound.
9.
Sound levels emanating from or impinging upon real property should not exceed values
prescribed by the following tables:
QUIET ZONE
Continuous Noise
Non-Continuous Noise
Daytime
55dBA
80 dBA
I Nighttime
45dBA
75 dBA
ACTIVITY ZONE
Continuous Noise
Non-Continuous Noise
Daytime
65dBA
ISO dBA
Nighttime
60dBA
75 dBA
I I
Noise Control Bylaw 16-2006
Municipality of Central Huron
SCHEDULE "C "
Bylaw 16-2006
Short Form Ticketing -Title: Noise Control Bylaw
COLUMN 1
COLUMN 2
COLUMN 3
Item
Short Form Wording
Provision creating or
Set fines
Description of Offence
Defining Offence
(including costs)
!
1
Make or cause or permit to be made Section (2a)
I
$205.00
noise likely to disturb the inhabitants.
2
Allow, cause or permit to be made-
Section (2b)
$205.00
anoise likely to disturb the inhabitants
by person/ Animal/Bird or fowl
Use of Jawnmower or power garden
3.
tools
after
hour
prescribed
or Section (6.7)
$205.00
exceeding the noise level prescribed.
Make or cause or permit to be made
4.
noise likely to disturb the inhabitants
Section (6.8)
$205.00
the sound generated by construction
activity.
Sound level emanating from or
5
impinging upon real property
Schedule B
$205.00
exceeding value
Section (9)
8
Noise Control Bylaw 16-2006
Municipality of Central Huron
Schedule "D"
Noise Control Bylaw 16-2006
For the Municipality of Central Huron
STATEMENT of POLICY and PROCEDURE
Chapter:
PROTECTIVE SERVICES
SPP No.
Section:
PROTECTIVE SERVICES GENERAL
Issued:
Subject:
Enforcement of Noise Control Bylaw
Effective:
Page:
Issued to:
All Manual Holders
Replaces:
Approved
Council - Bylaw 16-2006
Dated:
hv·
PURPOSE:
1.
To provide for the enforcement of the Noise Control Bylaw.
POLICY:
9
PR 100
April 3, 2006
April 18, 2006
1 of 1
April 18, 2006
1.
Except in extenuating circumstances, as determined by a Bylaw Enforcement Officer, all
complaints regarding excessive noise shall only be acted upon where there are at least
two complaints from the residents of separate neighbouring properties.
2.
Written Complaints:
Where a Bylaw Enforcement Officer issues a Municipal Short Form Ticket based on a
written Municipal Noise Complaint Form, at least two written complaints, each from a
different property owner or occupier, shall first be required. The complainants are to be
advised that they will be required to appear as a witness if the matter proceeds to court.
If the complainants are unwilling to testify the ticket shall not be issued.
3.
Verbal or Extenuating Circumstance Complaints:
i.
Where these complaints are received regarding excessive noise occurring during
or after regular business hours, complainants are to be advised to also contact
the O.P.P. when the offence is occurring for more immediate assistance.
ii.
Where a Bylaw Enforcement Officer attends in this situation and determines that
the noise level exceeds the standards of the Noise Control Bylaw a short form
ticket may be issued at the time the offence is occurring.
4.
Where appropriate, complaints regarding excessive noise from commercial or industrial
properties or outdoor assemblies shall be investigated using a sound level meter to
determine the level of noise emanating from the property.
5.
Where a complainant resided in a multi-family housing unit, and makes a complaint
regarding noise within the property, they are to be advised to forward the complaint to
the registered owner of the property, the property manager, or landlord, as the case
may be.
Noise Control Bylaw 16-2006
Municipality of Central Huron
My peace and quiet was disturbed by a:
(type/nature of noise)
At the time of the noise, I was at:
(Complainant's address}
The noise came from:
{street address and/or name of person where offence occurred}
Noise Disturbed my peace and quiet on following occasions:
FROM:
TO:
DATE:
FROM:
TO:
DATE:
FROM:
TO:
DATE:
FROM:
TO:
DATE:
FROM:
TO:
DATE:
FROM:
TO:
DATE:
FROM:
TO:
DATE:
FROM:
TO:
DATE:
10
-----,-----,:----:-o:-:-:---,--,----~=--c-:-----:-- verify this information to be accurate to the
best of my ability and I am aware that I may be required to appear as a witness to testify if the
matter proceeds to court.
Signature of Complainant
Sworn before me at the Municipality of Central Huron
this
day v< ____________
, ----
Signature Commissioner of Oaths
Municipality of Central Huron
23 Albert St. CLINTON, ONT. NOM 1 LO
Phone: (519) 482-3997 Fax: (519) 482-9183
Email: [email protected]
Information gathered on this form is subject to the Municipality Freedom of Information and Privacy Act.
Noise Control Bylaw 16-2006
Municipality of Central Huron
GUIDELINE I SUMMARY OF MAXIMUM PERMISSIBLE SOUND LEVELS
As Provided In The Noise Control Bylaw 16 -2006
of The Municipality Of Central Huron
11
Bylaw Section
Description
Maximum
Sound level
Quiet Zone - Nighttime
45
Quiet Zone - Daytime
55
Activity Zone - Nighttime
55
Activity Zone - Daytime
60
Non-continuous Sound- Nighttime
75
Non-continuous Sound - Daytime
80
Lawnmower I Power Garden Tools- Daytime
77
Sound levels noted in the table are dB(A) measured at the "point of reception".
Nighttime-
Daytime -
from 10:00 p.m. to 7:00a.m., local time.
from 7:01 a.m. to 9:59 p.m., local time.
This is a guideline only for information purposes.
For further information or
clarification, you are required to refer to the Bylaw.