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unofficial consolidation, the official version is held by the municipal clerk.
This is a consolidation of the City of Clarence-Rockland Noise Control By-law No.
1999-55. This version contains the following amending By-laws:
-
2021-77
This consolidation of the By-law is current to August 23, 2021.
The Corporation of the City of Clarence-Rockland
By-law 1999-55
Being a by-law of the Corporation of the City of Clarence-Rockland to prohibit or
regulate certain noises and to prohibit and abate public nuisance.
WHEREAS pursuant to the provisions of Section 210 Subsections 138 and 140 of the
Municipal Act R.S.O. 1990, Chapter M.45, Council of local municipalities may pass a by-
law to prohibit and abate public nuisances;
WHEREAS the purpose of this by-law is to provide for an environment free from unusual,
unnecessary or excessive noises which may degrade the quality and tranquillity of life,
and cause a public nuisance;
Now therefore the council of the Corporation of the City of Clarence-Rockland
enacts as follows:
1. INTERPRETATION
In this By-law
a) "Adverse effect" means one or more of,
a) harms or material discomfort to any person,
b) an adverse effect on health of any person,
c) loss of enjoyment of normal use of property, and
d) interference with the normal conduct of business.
b) "Agriculture" means the practice of cultivating the soil or the
keeping/raising of animals;
c) "Air Conditioner" includes an air conditioner, a fan, a heat pump or other
similar device.
d) "Attached Housing" means a building otherwise complete in itself which is
connected to, and which depends for structural support upon a division wall
or walls shaped in common with adjacent building or buildings;
e) "Auxiliary Equipment" means any device, attachment, delivery body or
apparatus attached to a motor vehicle, either permanently or temporarily,
for the purpose of:
i.
hauling property, vehicles or animals;
ii.
mixing concrete or like material; or
iii.
preserving perishable cargo through the use of heating or
refrigerating systems.
f) "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;
g) "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, drills, loaders, scrapers,
pavers, generators, off-highway hauliers or trucks, ditchers, compactors
and rollers, pumps, concrete mixers, graders or other material handling
equipment;
h) "Council" means the Council of the Corporation of the City of Clarence-
Rockland;
i) "Inhabitants" means any owner, tenant, occupier or licensee of real
property within the Corporation of the City of Clarence-Rockland;
j) "Intermittent" means to cause to cease for a time or at intervals;
k) "Leisure Vehicle" means any all-terrain vehicle or snowmobile;
l) "Motor Vehicle" includes an automobile, motorcycle, and any other vehicle
propelled or driven otherwise than by muscular power; but does not include
all-terrain vehicles, snowmobiles or other motor vehicles running only upon
rails, construction equipment, farm tractor or a self-propelled implement of
husbandry;
m) "Municipal Law Enforcement Officer" means a peace officer for the
purpose of enforcing municipal by-laws;
n) "Municipality" means the land within the geographic limit of the
Corporation of the City of Clarence-Rockland;
o) "Noise" means any loud, unnecessary or unusual noise or any noise
whatsoever which either annoys, disturbs or injures, endangers or detracts
from the comfort, repose, health, peace or safety of other persons within the
limits of the municipality;
p) "Person" includes any physical or corporate entity, partnership or any
association and the heirs, executors, administrators, successors and
assigns or other legal representative thereof to whom the context may
apply;
q) "Point of Reception" means any point on the premises of a person where
sound or vibration originating from other than those premises is received;
r) "Residential Area" means all properties within the Corporation of the City
of Clarence-Rockland designated as "Residential A" area under the Zoning
By-Law, as amended;
s) "Rural Area" means all properties within the Corporation of the City of
Clarence-Rockland designated as "Rural Area" under the Zoning By-law,
as amended;
t) "Solid Waste Bulk Lift" means a vehicle designated to load, unload and
transport containers for handling refuse;
u) "Sound Amplifying Device" means any device which is primarily used or
intended to be used to amplify or create sound and includes, but is not
limited to, radios, phonographs, televisions, musical instruments, loud
speakers and electronic devices or electro-mechanical transducers, used in
the reproduction or amplification of music, speech or other sounds, but does
not include fire alarms, smoke detectors or security alarms;
v) "Trailer" means any vehicle so constructed that it is suitable for being
attached to a motor vehicle for the purpose of being self propelled, drawn
or propelled by the motor vehicle and capable of being used for the living,
sleeping or eating accommodation of persons;
w) "Urban Area" means all properties within the Corporation of the City of
Clarence-Rockland designated as "Urban Area" under the Zoning By-law,
as amended.
2. GENERAL PROHIBITIONS
1. No person shall make, cause or permit the emission of noise that disturbs or may
disturb the quiet, peace, rest, enjoyment, comfort or convenience of the
inhabitants.
2. Notwithstanding the generality of the provisions of Section 2(1), no person shall
make, cause or permit the emission of noise resulting from an activity listed herein,
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, as such noise is
deemed objectionable or liable to disturb the peace, quiet, rest, enjoyment, comfort
or convenience of the inhabitants and is hereby strictly prohibited.
PROHIBITED ACTIVITIES BY TIME AND DATE
ACTIVITY
RESIDENTIAL
ZONE
RURAL
ZONE
1.
The detonation of fireworks or explosive
devices not used in construction and without
permit.
At all times
2.
The commercial or personal operation of
any sound amplifying device.
11 pm to 7 am
11 pm to 7
am
3.
The racing of any motor vehicle or leisure
vehicle other than in a racing event
regulated by law.
At all times
4.
The operation of any auditory signalling
device, including but not limited to the
ringing of bells, except for religious services,
or gongs and 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 pm to 7 am
11 pm to 7 am
5.
Intermittent barking, calling or whining or
other similar intermittent noise making, by
any domestic pet or any other animal kept
or used for any purpose other than
agriculture or licensed kennels, if such noise
persists for a period of time in excess of
fifteen (15) minutes.
At all times
6.
The operation of a commercial car wash
with air drying equipment abutting a
residential area.
9 pm to 7 am
9 pm to 7 am
7.
Yelling, shouting, hooting, whistling or
singing.
11 pm to 8 am
11 pm to 8 am
8.
All selling or advertising by shouting or
outcry or amplified sound.
5 pm to 9 am
5 pm to 9 am
9.
Loading, unloading, delivering, packing,
unpacking or otherwise handling any
containers, products, materials or refuse in
a residential area or a business operation
adjacent to a residential area, unless
necessary for the maintenance of essential
services or the moving of private household
effects.
11 pm to 6 am
10
The operation of any construction
equipment or use of any power tools for the
purpose of repairing or constructing.
10 pm to 7 am
(Mon - Fri)
8 pm to 8 am
(Saturday &
Sunday &
statutory
holidays)
10 pm to 6:30
am
11.
The operation or use of any tool for
household purposes other than snow
removal.
10 pm to 7 am
10 pm to
6:30am
12.
The operation or use of an engine or motor
in or on any leisure vehicle, motor vehicle or
item of attached auxiliary equipment for a
continuous period exceeding fifteen
minutes, while such vehicle is stationary in
or adjoining a residential area.
At all times
13.
The operation of solid waste bulk lift or
refuse compacting equipment.
11 pm to 7 am
14.
The operation of a leisure vehicle or motor
vehicle in such a way that the tires squeal.
At all times
15.
The operation of any combustion engine or
pneumatic device without effective exhaust
At all times
or intake muffling device in good working
order and in constant operation.
16.
The operation of a leisure vehicle or motor
vehicle with a trailer resulting in banging,
clanking, squeaking or other like sounds
due to improperly secured load or
equipment or inadequate maintenance.
At all times
17.
The operation of a leisure vehicle or motor
vehicle horn or other warning device except
where required or authorized by law or in
accordance with good safety practices.
At all times
18.
The operation of any air conditioner without
an effective muffling device in good working
order and in constant operation.
At all times
19.
The operation of powered rail car including
but not limited to refrigeration cars,
locomotives or self-propelled passenger
cars, while stationary on property not owned
by or controlled by railway governed by the
Canada Railway Act.
At all times
20.
The venting, release or pressure relief of air,
steam or gaseous material, product or
compound from any autoclave, boiler,
pressure vessel, pipe, valve, machine,
device or system.
At all times
21.
The operation of an electronic bug killer.
11 pm to 7 am
22.
The operation of items of snow making
equipment.
At all times
23.
The discharge of firearms.
At all times
Half hour after
sunset to half
hour before
sunrise
24.
The operation of any refrigeration unit,
chilling unit or similar devices in or on any
vehicle.
At all times
3. EXEMPTION
(1) 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.
(2) Attached Housing
This by-Law does not apply to noise between a common shared wall of floor by
two adjacent dwelling units within an apartment, condominium or townhouse
building, row buildings or carriage homes unless the sound can be clearly audible
from the exterior of the building.
(3) Snow Removal
This by-Law does not apply to noise generating from the operation of removing or
clearing of snow or of sanding and salting.
(4) Fireworks
Notwithstanding any other provisions of this by-law, this by-law does not apply to
a person who emits or causes or permits the emission of sounds or vibrations in
connections with fireworks during any of the listed traditional festive activities such
as Canada day, Victoria day and St-Jean Batiste day.
(5) Farming Operation
This by-Law does not apply to any noise generated from the operation of any
agricultural machinery, equipment and implement of husbandry whether self-
propelled or motorized, which is used in accordance with normal farm practice for
the cultivation of land, production and harvesting of agricultural crops (including
mushrooms, greenhouse crops and nursery stock), raising of livestock, poultry, fur-
bearing animals and game birds and includes but is not limited to any noise
generated from:
iv.
irrigation pumps;
v.
the application of fertilizers, conditioners and pesticides;
vi.
the storage, disposal or use of organic wastes for farm
purposes; and
vii.
grain dryers
(6) Grant of Exemption by Council
1. 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
might be prosecuted and Council, by resolution, may refuse to grant any
exception or may grant the exemption applied for or any exemption applied for
or any exemption of lesser effect and any exemption granted shall specify the
time period, not in excess of six months, during which it is effective and may
contain such terms and conditions as Council sees fit.
2. 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.
3. 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.
4. The Director of Protective Services shall be delegated the authority to grant an
exemption on behalf of Council in any circumtances as he/she may see fit,
providing that such exemptions is immediately reported to the Mayor and the
affected Ward Councillor(s). (as amended by By-Law 2021-77)
(7) Exemption -City construction projects (as amended by By-Law 2021-77)
The Director of protective Services is delegated the authority to grant an
exemption in relation to any Section of this by-law, subject to the following
conditions:
i.
the exemption is in respect of a City Construction Project;
ii.
a requirement that during the exemption period, the noise caused
by the particular project for which the exemption is sought does not
exceed 85 dB(A) when measured at the point of reception;
iii.
public notification of the particulars of the exemption is provided to
affected parties by the appropriate Coordinator of the City
Construction Project; and
iv.
the Director, Protective Services, has notified the Councillor of the
Ward or Wards in which the work is to occur of the application for
the exemption.
An application for an exemption shall be made in writing to the Director of
protective Services as soon as the exemption is deemed necessary, and prior to
the commencement of the activity for which the exemption is sought, and shall
include the following:
i.
the name and contact information of the City staff representative
associated with the project;
ii.
the source of the sound or vibration in respect of which the exemption is
sought;
iii.
the provision or provisions of this by-law for which the exemption is sought;
iv.
the rationale for the exemption;
v.
the date and time of commencement of the activity for which the exemption
is sought;
vi.
the time of conclusion for each day for the activity for which the 16
exemption is sought;
vii.
the duration of activity for which the exemption is sought;
viii.
the location of the activity for which the exemption is sought;
ix.
the name and contact information of the contact person or persons who
will be supervising the activities for which the exemption is sought; and
x.
any other information requested by the Manager of By-law Enforcement
Services.
4. SEVERABILITY
It is hereby declared that each and every of the foregoing provisions of this by-law
is severable and that, if any provisions of this by-law should for any reason be
declared invalid by any Court, it is the intention and desire of this Council that each
and every of the remaining provisions hereof shall remain in full force and effect.
5. PENALTY
Every person who contravenes any of the provisions of this by-law is guilty of an
offence and upon conviction is liable to a fine as set out in the Provincial Offences
Act, R.S.O. 1990, Chapter P.33, as amended.
In addition to the imposition of a fine or other remedy, a court of competent
jurisdiction may, upon conviction of an offence under this by-law, issue an order
prohibiting the continuation or repetition of the violation by the person convicted.
6.
By-law No.1989-10, as amended (City of Rockland) and By-law No. 1992-106, as
amended (Clarence township) are hereby repealed.
7.
This By-law shall come into effect on the day it is adopted by Council.
Read a first, second and duly passed upon the third reading, this 14th day of september
1999.
Mayor
Clerk