Noise Control By-law 2001-23 — full text

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## THE CORPORATION OF THE TOWNSHIP OF CHATSWORTH Bylaw number 2001-23 1 By-law to prohibit and regulate unusual noises or noises likel o disturb the inhabitants of the Township of Chatswort THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF CHATSWORTH ENACTS AS FOLLOWS: ## SHORT TITLE 1. This Bylaw may be cited as the "NOISE CONTROL BYLAW". ## INTERPRETATION 2. For the purposes of this Bylaw the following terms shall have the corresponding meanings: "Township" means the Corporation of the Township of Chatsworth; "Construction equipment" includes a bulldozer, excavator, trencher, jack hammer, crane, loader, scraper, paver, compactor, roller, grader, concrete mixer and the like; "Council" means the Council of the Corporation of the Township of Chatsworth; "Holiday" means any holiday set out as a holiday in the Retail Business Holidays Act, R.S.O. 1990, Chapter R. 30, or any successor thereof; "Noise" means sound that is of such a volume or nature that is likely to disturb the inhabitants of the Township; "Other area" means all of the Township as set out in Schedule "B" of this Bylaw which is not shaded; "Person" includes a corporation, organization, association, partnership, and the like; and "Residential area" means all of the area of the Township set out on Schedule "B" of this Bylaw which is denoted by shaded. ## GENERAL EXEMPTIONS 3. (1) This Bylaw does not apply: 2. (a) during an emergency involving the health, safety or welfare of the public; 3. (b) Where the Township, it's servants, employees, contractors or agents are carrying out Township operations or operating, or installing municipally owned infrastructure, facilities or the like, except for the detonation of explosives; 4. (c) to noise created by the activity of snow removal; 5. (d) to road or bicycle races, parades, circuses, entertainment activities in public parks or neighbourhood social activities when such events are approved by the Council and such activity or event is in compliance with the conditions set by Council in approving such activity or event; 6. (e) to sport or recreational events in public parks where a permit has been issued by the Township authorizing such event and the event complies with all of the conditions of such permit; 7. (f) to the use of implements of husbandry in the operation of agricultural endeavours; or 8. (g) to the operation of excavation equipment when used in a cemetery in conjunction with internment services. ## EXEMPTIONS BY COUNCIL 4. (1) Despite the provisions of the Bylaw, any person may apply to Council for an exemption to any provision of the Bylaw with respect to any noise to allow such person to emit, cause or permit such noise for the period of time set out in such application, and Council may grant such exemption, grant an alternative exemption, and may set out conditions to be met as Council sees fit for any exemption granted. - (2) Where an exemption is granted by Council, breach of any of the terms or conditions of the exemptions shall render the exemption null and void. - (3) Every person applying for an exemption shall at least 10 business days prior to the Council meeting at which the request for exemption is to be addressed by Council, provide to the Bylaw Enforcement Officer of the Township; 4. (a) a complete and accurate application form as provided by the Township setting out the particulars respecting the exemption requested; and 5. (b) payment of the exemption processing fee in the amount set by Council and in effect at the time of the exemption request. ## GENERAL PROHIBITIONS 5. (1) No person shall, at any time, emit, cause or permit to be emitted or caused any noise created by: 2. (a) the persistent barking, calling or whining of any domestic pet or any animal, except an animal used for and located on the property of an Blaura, livestock based use as set out in the Township's zoning 3. (b) the squealing of motor vehicle tires; 4. (c) the use of a horn, whistle, alarm, bell, gong or the like, except for an auditory safety or warning device or chimes used in association with a religious establishment; 5. (d) the detonation of explosives; 6. (e) the operation of an air conditioner, pool pump or filter, heat pump or the like that is not in proper working order; 7. the idling of a motor vehicle in excess of 10 minutes, except: 8. (i) when such idling is recommended by the manufacturer of such vehicle and proof of such recommendation is provided by the vehicle operator upon the request of a police officer; 9. (ii) when such idling is necessary to the basic function of the equipment on a vehicle such as a concrete mixer on a concrete truck, lift platform, a refuse compactor or a heat exchange system; or 10. (III) when the weather conditions require the vehicle to idle in order to keep in operation a heating or refrigeration system necessary for the welfare or preservation of the cargo of such vehicle; 11. (g) the operation of a combustion engine without an effective exhaust muffling device in proper working order; or 12. (h) the operation of a vehicle radio, stereo or the like. ## PROHIBITIONS BY TIME AND PLACE 6. No person shall emit, cause or permit to be emitted or caused any noise created by an activity listed in Schedule "A" of the Bylaw during the time and in the area such noise is prohibited as set out in such Schedule. ## OFFENSE - Every person who is convicted of an offense under the provision of this Bylaw is guilty of an offense. ## PENALTY - Every person who is convicted of an offense under any provision of the Bylaw shall be iable to a penalty as set out in Section 61 of the Provincial Offences Act, R.S.O. 1990 Chapter P. 33, or any successor thereof. ## SCHEDULES FORM PART OF BYLAW - Schedules "A" and "B" attached hereto shall form part of this Bylaw. ## PRIOR BYLAWS REPEALED 10. Bylaw number 2000-26 is hereby repealed as of the date and time of this Bylaw coming into effect.    Read a first and second time this Irst day of April, 2001. Read a third time and finally passed this 16 day of May, 2001 MAYoR boond he ## SCHEDULE "A" ## to Bylaw Number 2001-23 the Noise Control by-Law | NOISE CREATED FROM THE FOLLOWING ACTIVITIES IS PROHIBITED | PROHIBITED TIME OF DAY | PROHIBITED AREA | |----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|-----------------------------------------------------------------------------------------------------------------------------------------------------|-----------------------| | roducing instrumen | At all times 11:00 p.m. to 9:00 a.m. | Residential other | | Yelling, shouting or the like | 11:00 p.m. to 7:00 a.m. (to :00 a.m. on Saturdays 'undavs. and holidays | residential and other | | The operation of a car wash | 9:00 p.m. to 6:00 a.m. (to 6:00 a.m. on Saturdays, Sundays and holidays) | residential and other | | The venting or release of steam, the operation of a generator or air iltration system, noise from grinding, milling, the operation o nachinery, or the like | 11:00 p.m. to 7:00 a.m. (to 7:00 a.m. on Saturdays, Sundays and holidays) 1:00 p.m. to 7:00 a.m. ( 1:00 a.m. on Saturday Sundays and holidays) | residential other | | "The operation of waste collection machinery or refuse compacting (equipment | 11:00 p.m. to 7:00 a.m. (to 9:00 a.m. on Saturdays, Sundays and holidays) 11:00 p.m. to 6:00 a.m. (to 6:00 a.m. on Saturdays, Sundays and holidays) | residential other | | Loading, unloading, packing, delivering or otherwise handling any ontainer, product or material unless necessary for the maintenance or essential services or for the moving of private household effect | 11:00 p.m. to 6:00 a.m. (to 6:00 a.m. on Saturdays, Sundays and holidays) 11:00 p.m. to 7:00 a.m. (to :00 a.m. on Saturdays undays and holidays | residential other | | The operation of any tool including a hammer, saw, nail gun, lawnmower, staple gun, hedge trimmer, drill, or the like | 11:00 p.m. t06:00 a.m. (to :00 a.m. on Saturday undays and holidays | residential and other | | The operation of a combustion engine for a toy or a replica of a larger device such as a remote controlled toy aeroplane | 9:00 p.m. to 9:00 a.m. | residential and other | | The operation of a dirt bike, all-terrain cycle, snowmobile, go-cart, I dune buggy or like conveyance | 11:00 p.m. to 7:00 a.m. (to 9:00 a.m. on Saturdays) and at all times on Sundays and holidays | residential and other | | The operation of construction equipment | 11:00 p.m. to 5:00 a.m. (to 5:00 a.m. on Saturdays) and at all times on Sundays and holidays | residential and other |  Submitted for the Establishment of set fines under Part 1 of the Provincial Offenses Act Submitted by The Corporation of the Township of Chatsworth Bylaw number 2001-23 Noise Control Bylaw 1. Short form wordings 2. Short form wordings including suggested set fines 3. Certified copy of Bylaw 2001-23 ## CONTENTS DIFICE ON TIE REGIONAL SENORJUSIICL ONTARIO COURT OF JUSTICE WEST REGION COURT HOUSE 1SIH FLOOR, UNIT "C" 80 DUNDAS STREET LONDON, ONTARIO N6A 6B3 November 27, 2001 Mr. Arnold Rosenburg Township of Chatsworth RR #1 Chatsworth ON NOH 1GO Dear Mr. Rosenburg: Re: Set Fines - Provincial Offences Act - Part By-law Number 2000-23, Township of Chatsworth Enclosed herewith is a copy of an Order, and a copy of a schedule of set fines for the above referenced By-Law, the By-law indicated in the schedule. The setting of the fines does not constitute my approval of the short form of wording used to describe the offences. I have forwarded the original of the Order and the schedule of the set fines to the Ontario Court of Justice in Owen Sound, together with a certified copy of the By-law.  Yours truly, Alexander M. Graham Regional Senior Justice West Region Enclosures /ec  CABINET DU JUGE PRINCIPAL REGIONAI COUR DE JUSTICE DE L'ONTARIO RECION DE L'OUEST TELEPHONE/TÉLÉPHONE (519) 660 2292 FAX: TÉLÉCOPIEUR (519) 660 3138 1. ## ONTARIO COURT OF JUSTICE PROVINCIAL OFFENCES ACT PART I IT IS ORDERED pursuant to the provisions of the Provincial Offences Act and the rules for the Ontario Court of Justice that the amount set opposite each of the offences in the schedule of offences under the Provincial Statues and Regulations thereunder and Municipal By-law No. 2001-23, of The Township of Chatsworth, attached hereto is the set fine including costs, for those offences. This Order is to take effect November 27, 2001. Dated at London this 27th day of November, 2001.  Alexander M. Graham Regional Senior Justice West Region ## The Corporation of the Township of Chatsworth Bylaw no. 2001-23. Noise Control Bylaw Part 1 Set Fine Schedule | Item | Column 1 | Column 2 | Column 3 | |--------|-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------|----------------------------|-------------------------| | | Description of offense | Provision creating Offense | Set fine including cost | | 1. | Emit noise by persistent barking, calling, whining of any domestic pet or any animal | s. 5(1) | $100.00 | | 2. | Emit noise by use of horn, whistle, alarm, bell, gong | s. 5(1) | $100.00 | | | Emit noise by detonation of explosives | s. 5(1) | $100.00 | | 4. | Emit noise by operation of air conditioner, pool pump, heat pump, or the like | s. 5(1) | $100.00 | | 5. | Emit noise by excessive idling of a vehicle motor | s. 5(1) | $100.00 | | 6. | Emit noise by the operation of a combustion engine without effective muffling device in proper working order | s. 5(1) | $100.00 | | 7. | Emit noise by the operation The veil radio, stre or | s. 5(1) | $100.00 | | 8. | Emit noise by the operation of a radio, television, stereo or other electronic device including any amplification device or any musical or other sound producing instrument | s. 6 | $100.00 | | 9. | Emit noise by yelling, shouting or the like | s. 6 | $100.00 | | 10. | Emit noise by the operation of a car wash | s. 6 | $100.00 | | 11. | Emit noise by the venting or release of steam, the operation of a generator or air filtration system, noise from grinding, milling, the operation of machinery, or the like | s. 6 | $100.00 | | 12. | Emit noise by the operation of waste collection machinery or refuse compacting equipment | s. 6 | $100.00 | 17. | | Column 1 | Column 2 | Column 3 | |------|---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|----------------------------|-------------------------| | Item | Description of offense | Provision creating Offense | Set fine including Cost | | 13. | Emit noise by loading, unloading packing, unpacking, delivering or otherwise handling any container, roduct or material unless necessar or the maintenance for essentia services or for the moving of private household effects | s. 6 | $100.00 | | 14. | Emit noise by the operation of any tool including a hammer, saw, nail gun, lawnmower, staple gun hedge trimmer, drill, or the like | s. 6 | $100.00 | | 15. | Emit noise by the operation of a combustion engine for a toy or replica of a larger device such as a remote controlled toy aeroplane | s. 6 | $100.00 | | 16. | Emit noise by the operation of a dirt bike, all-terrain cycle, snowmobile, go-carl, dune buggy or like conveyance | s. 6 | $100.00 | | | Emit noise by the operation of construction equipment | s. 6 | $100.00 | The penalty provision for the offenses indicated above is section 8 of Bylaw 2001-23, a certified copy of which is attached.