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THE CORPORATION OF THE TOWNSHIP OF CENTRAL MANITOULIN
BY-LAW NO. 2002-26
Being a By-law to Control Noise
WHEREAS it is expedient to exercise the power conferred upon the Council by the Environmental
Protection Act, 1990, as amended, 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 tranquillity 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 Township of Central Manitoulin enacts as
follows;
1. Interpretation
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 of 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,
trenches, 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 Township of Central Manitoulin.
(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 Vehicles - "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 vehicle running only upon rails, or a motorized snow vehicle,
traction engine, arm 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 Township of
Central Manitoulin;
(i) Noise - "noise" means unwanted sound;
(j) Persistent - repetitive and lasting longer the one hour
(k) 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;
Zone in this By-law
(a) Residential Area - "residential area" means those areas of the municipality specified as
follows:
All areas zoned as
HR (Hamlet Residential)
RHM(Hamlet Residential Multiple)
S (Settlement)
SR(Shoreline Residential)
I (Institutional)
In the Comprehensive Zoning By-law No. 2002-07 of the Township of Central
Manitoulin
(b) Quiet Zone - "quiet zone" means those areas of the municipality within 50 metres of
buildings specified as follows: Hospitals, schools, funeral parlours, churches, senior
citizens units, institutional units.
(c) All Other Zones - All other Zones shall mean all zones other than specified in
(a) and (b)
2. General Prohibition
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:
(i)
Racing of any motorized conveyance other than in a racing event regulated by law.
(ii)
The operation of a motor vehicle in such a way that the tires squeal.
(iii)
The operation of any combustion engine or pneumatic device without effective exhaust or
intake muffling devices in good working order and in constant operation.
(iv)
The operation of a vehicle or a vehicle with a trailer resulting in banging, clanking, squealing,
or like sound due to improperly secured load or equipment, or inadequate maintenance.
(v)
The operation of an engine or motor in, or on, any motor vehicle or items of attached
auxiliary equipment for a continuous period exceeding five minutes, while such vehicle is
stationary in a Residential Area or Quiet Zone 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;
ii.
Operation of such engine or motor is essential to a basic function of the vehicle or
equipment, including but not limited to, lift platforms and refuse compactors;
iii.
Prevailing low temperatures make longer idling periods necessary immediately after
starting the motor or engine;
iv.
The idling is for the purpose of cleaning and flushing the radiator and associated
circulation systems for seasonal change of antifreeze, cleaning of the fuel systems,
carburettor or the like, when such work is performed other than for profit.
v.
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.
vi.
The operation of any items of construction equipment in a Quiet Zone or Residential
Area without effective muffling devices in good working order and in constant operation.
3. Prohibitions by Time and Place
No person shall emit or cause or permit the emission of sound resulting from any act listed in Schedule
A, if clearly audible at a point of reception located in an area of the municipality indicated within the
prohibited time shown for such an area on Schedule A.
4. Exemption - Public Safety
Notwithstanding any other provision of this by-law it shall not be unlawful during or an emergency 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 of 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
reasonable necessary for the accomplishment of such emergency purpose.
- Public Events
Notwithstanding any other provision of this by-law it shall not be unlawful during a public event to emit
or cause or permit the emission of sound or vibration in connection with the event:
(a) For the activities of the event unless such sound or vibration is clearly of a longer duration or
nature more disturbing, than is reasonably necessary.
5. Grant of Exemption by Council
(a) Application to Council
Notwithstanding anything contained in 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/she might be prosecuted. Council, by Resolution, may grant or
refuse to grant an exemption. Any exemption shall specify an in effect time period, not in excess of
six months and may contain such terms and conditions as Council sees fit.
(b) 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.
(c) 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.
(d) 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.
(e) Penalty
Any person who contravenes any of the provisions of the by-law is guilty of an offence and upon
conviction is liable to a fine of $ 1,000.00 or any corporation which contravenes any of the
provisions of the by-law is guilty of an offence and upon conviction is liable to a fine of $ 3,000.00
as provided for in the Provincial Offences Act.
Read a first, second and third time and finally passed in open council on this 16tht day of December, 2002.
_______________________________
Reeve
_______________________________
Clerk
I, Ruth Frawley, Clerk of the Township of Central Manitoulin, hereby certify that the foregoing is a true copy
of By-Law No. 2002-26 passed by the Council of the Township of Central Manitoulin on the 16th day of
December, 2002.
________________________
Ruth Frawly, Clerk
SCHEDULE A
PROHIBITIONS BY TIME AND PLACE
Quiet Zone
Residential
Other
Area
Zones
1. The detonation of fireworks or
At all times
2300 to 0700
2300 to 0700
times explosive devices not used in
construction
2. 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 or replica has no function
other than amusement and which is
not a conveyance.
At all times
2300 to 0700
N/A
3. The persistent operation of any electronic
Device incorporating one or more
Loudspeakers or other electro-mechanical
transducers, and intended for the production,
reproduction or amplification of sound. At all times
At all times
At all times
4. The operation of any auditory signalling
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.
At all times
2300 TO 0700
N/A
5. The operation of any motorized conveyance
other than on a highway or other place
intended for its operation.
At all Times
2300 to 0700
N/A
6. Persistent barking, calling or whining or
other similar persistent noise making by
any other animal kept or used for any
purpose other than agriculture.
At all times
At all times
At all times
7. Persistent Yelling, shouting, hooting or At all times
2300 to 0700
2300 to 0700
whistling.
8. Loading, unloading, delivering, packing,
unpacking, or otherwise handling any
containers, product materials, or refuse,
whatsoever, unless necessary for the
maintenance of essential services or
moving of private household effects.
2300 to 0700
2300 to 0700
N/A
9. The operation of any equipment
or any engine or motor essential
2300 to 0700
2300 to 0700
N/A
to the basic function of such equipment.
10. The operation or use of any tool for
domestic purposes other than snow
removal except in the case of short
term emergency.
2300 to 0700
2300 to 0700
N/A