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By-law Number 26-24
The Corporation of the Township of Clearview
Being a By-law to regulate noise within the Township of Clearview
(Noise By-law)
Whereas Section 128 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended,
provides authority for municipalities to prohibit and regulate with respect to public
nuisances, including matters that, in the opinion of Council, are or could become or
cause public nuisances;
And Whereas Section 129 of The Municipal Act, 2001, S.O. 2001, c. 25, as
amended, provides authority for municipalities to prohibit and regulate noise and
vibration;
And Whereas section 11(2) (6) of the Municipal Act authorizes a municipality to
regulate matters related to health, safety and wellbeing of the inhabitants of the
municipality;
And Whereas The Council of the Corporation of the Township of Clearview deems
it necessary to regulate or prohibit noise within the Township;
Now Therefore the Council of the Corporation of the Township of Clearview hereby
enacts as follows:
1.
Definitions
1.1
For the purpose of this by-law the following definitions shall apply:
"Clearly audible" means sound that is easily heard, distinct, and intelligible,
leaving no doubt about what is being heard.
"Construction" includes the erection, alteration, repair, dismantling, demolition,
structural maintenance, painting, moving, land clearing, earth moving, grading,
excavating, blasting, rock crushing, the laying of pipe and conduit whether above or
below ground level, street and highway building, concreting, equipment installation
and alteration and structural installation of construction components and materials
in any form or for any purpose, and includes work in connection therewith;
"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, derricks, loaders, scrapers, pavers, generators, off
highway haulers or trucks, ditchers, compactors and rollers, pumps, concrete
mixers, graders, or other material handling equipment;
By-law 26-24
Page 2 of 13
"Council" means the Council of the Corporation of the Township of Clearview;
"Domestic Tool" means any tool, equipment or device designed or intended for
use for Construction or maintenance of private property by the private property
owner where a building permit is not required including but not limited to: air
compressors, electric power tools, manual hammers, and similar tools, but does not
include Lawn Maintenance Equipment, or equipment used for the removal of snow;
"Highway" includes a common and public highway, street, avenue, parkway,
driveway, square, place, bridge, viaduct or trestle, any part of which is intended for
or used by the general public for the passage of vehicles and includes the area
between the lateral property lines thereof;
"Lawn Maintenance Equipment" means any equipment, which uses a
combustion or electric motor for the purposes of yard maintenance or repair and
includes chain saws, lawn mowers, leaf blowers, grass trimmers, or any other
similar equipment, but does not include equipment used to remove snow or ice.
"Motor vehicle" includes an automobile, a motorcycle, a motor-assisted bicycle,
and any other vehicle propelled or driven otherwise than by muscular power, but
does not include a street car or other motor vehicle running only upon rails, a
power-assisted bicycle, a motorized snow vehicle, off road vehicle, all terrain
vehicle, a traction engine, a farm tractor, a self-propelled implement of husbandry
or a road-building machine;
"Motorized conveyance" means a conveyance propelled or driven otherwise than
by muscular, gravitational or wind power;
"Noise" means a sound that is of such volume or nature at a point of reception
that it disturbs or is likely to disturb the inhabitants of the Township;
"Officer" means a Municipal Law Enforcement Officer and/or By-law Officer, a
Police Officer or other person appointed by by-law to enforce the provisions of this
by-law;
"Person" means any human being, association, firm, partnership, incorporated
company, corporation, agent or trustee, and the heirs, executors or other legal
representatives of a person to whom the context can apply, according to law;
"Point of reception" means any point on the premises of a person where sound
or vibration originating from other than those premises is received;
"Township" means the Corporation of the Township of Clearview.
By-law 26-24
Page 3 of 13
2.
General Prohibitions
2.1
No person shall emit or cause or permit the emission of noise resulting from
any activity listed in Schedule "A", attached hereto, if clearly audible at a
point of reception.
3.
Prohibitions by Time and Place
3.1
No person shall emit or cause or permit the emission of noise resulting from
any Activity listed in Column 1 of Schedule "B", attached hereto, and which
noise is clearly audible at a point of reception within a prohibited time shown
in Column 2.
4.
Exemption for Public Safety
4.1
Notwithstanding any other provision of this By-law, it shall be lawful to emit
or cause or permit the emission of noise 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;
unless such noise or vibration is clearly of a longer duration or nature more
disturbing, than is reasonably necessary for the accomplishment of such
emergency purpose.
5.
General Exemptions
5.1
This By-law shall not apply to a person who emits or causes or permits the
emission of noise in connection with any of the activities listed in Schedule
"C" attached hereto.
6.
Exemption by Council
Application to Council
6.1
Notwithstanding anything contained in this By-law, any person may make an
application to Council to be granted an exemption from any of the provisions
of this By-law with respect to any source of noise or vibration for which they
might be prosecuted.
By-law 26-24
Page 4 of 13
Details of Application for Exemption
6.2
The application mentioned in subsection 6.1 shall be made in writing and
shall contain:
a) the name, address and telephone number of the applicant;
b) a description of the source and location of sound in respect of which
exemption is sought;
c) a statement of the particular provision(s) of this By-law from which the
exemption is sought;
d) the period of time, of a duration not in excess of six (6) months, for
which the exemption is sought;
e) the reasons why the exemption should be granted;
f)
a statement of the steps, if any, planned or presently being taken to
bring about compliance with this By-law.
6.3
The information required above under section 6.2 for the application, will be
made publicly available at an open Council meeting.
Decision
6.4
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 deems appropriate. The Council, by
resolution, may:
a) refuse to grant an exemption; or,
b) grant the exemption applied for; or,
c) grant an exemption of lesser effect.
6.5
An exemption granted shall specify the time period, not in excess of six (6)
months, during which it is effective and may contain such terms and
conditions as the Township deems appropriate.
Breach
6.6
Breach by the applicant of any of the terms or conditions of any exemption
granted by Council shall render the exemption null and void.
By-law 26-24
Page 5 of 13
7.
Orders
7.1
If an Officer is satisfied that a contravention of this By-law has occurred, the
Officer may make an Order requiring the person who contravened this By-
law, or who caused or permitted the contravention, or the owner or occupier
of the land on which the contravention occurred, to take actions to correct
the contravention.
7.2
The Order shall set out:
a) Reasonable particulars of the contravention adequate to identify the
contravention and the location of the land on which the contravention
occurred.
b) The work to be done and the date by which the work must be done.
7.3
An Order may be served personally upon the person to whom it is directed to
or sent by regular mail to the address shown on the last revised assessment
roll or to the last known address. The order is deemed served by regular
mail, effective on the fifth day after the date it was mailed.
7.4
An Order under Section 7.1 may require action be taken even though the
facts which constitute the contravention of this By-law were present before
this By-law making them a contravention came into force.
7.5
No person shall fail to comply with an Order issued pursuant to Section 7.1.
7.6
If an Officer is satisfied that a contravention of this By-law has occurred, the
Officer may make an order, known as a Discontinue Activity Order, requiring
the person who contravened this By-law or who caused or permitted the
contravention or the owner or occupier of the land on which the
contravention occurred to discontinue the contravening activity.
7.7
The Discontinue Activity Order shall set out:
a) Reasonable particulars of the contravention adequate to identify the
contravention and the location of the land on which the contravention
occurred.
b) The date by which there must be compliance with the Discontinue Activity
Order.
7.8
A Discontinue Activity Order may be served personally upon the person to
whom it is directed to or sent by regular mail to the address shown on the
last revised assessment roll or to the last known address.
7.9
No person shall fail to comply with a Discontinue Activity Order issued
pursuant to Section 7.6.
By-law 26-24
Page 6 of 13
7.10 In the event the Officer is unable to serve an Order under the provisions of
this By-law, the Order shall be posted in a conspicuous place on the property,
and the placing of the Order shall be deemed to be sufficient service of the
Order on the property owner.
8.
Remedial Action
8.1
If a person fails to do a matter or thing, including comply with an order under
this by-law, as directed or required by this By-law, the Township may, in
default of it being done by the person directed or required to do it, do the
matter or thing at the person's expense. The Township may recover the costs
of doing a matter or thing from the person directed or required to do it by
action or by adding the costs to the tax roll and collecting them in the same
manner as municipal taxes.
8.2
The costs outlined in this section of this By-law shall include interest
calculated at a rate of 15 per cent annually when added to the tax roll,
calculated for the period commencing on the day the Township incurs the
costs and ending on the day the costs, including the interest, are paid in full.
9.
Entry and Inspection
9.1
An Officer may at any time, enter onto land to determine whether this By-law
is being complied with.
9.2
Every owner shall permit the Officer to inspect any land for the purposes of
determining compliance with this By-law.
9.3
Notwithstanding any provision of this By-law, an Officer shall not enter or
remain in any room or place actually being used as a dwelling, unless:
a) the consent of the occupier is obtained, the occupier first having been
informed that the right of entry may be refused and, if refused, may only
be made under the authority of a warrant issued under the Provincial
Offences Act, R.S.O. 1990, c. P.33, as amended.
b) a warrant issued under the Provincial Offences Act, R.S.O. 1990, c. P.33,
as amended, is obtained.
10.
Obstruction
10.1 No person shall hinder or obstruct, or attempt to hinder or obstruct, any
Officer exercising a power or performing a duty under this By-law.
10.2 Any person who has been alleged to have contravened any of the provisions
of this By-law shall identify themselves to the Officer upon request; failure to
By-law 26-24
Page 7 of 13
do so shall be deemed to have obstructed or hindered the Officer in the
execution of their duties.
11.
Penalty
11.1 Every person who contravenes any of the provision of this By-law and every
Director or Officer of a Corporation, who knowingly concurs in the
contravention by the Corporation, is guilty of an offence under the provisions
of the Provincial Offences Act, R.S.O. 1990, c. p. 33, as amended.
11.2 Every person who contravenes the provisions of this by-law and every
Director or Officer of a Corporation, who knowingly concurs in the
contraventions by the corporation, is guilty of an offence and liable:
a) upon a first conviction, to a fine of not less than $300 and the maximum
shall not exceed $100,000 exclusive of costs under the provisions of the
Municipal Act, 2001, S.O. 2001, c. 25, as amended.
b) upon a second, or subsequent conviction, to a fine of not less than $500
and the maximum shall not exceed $100,000 exclusive of costs under the
provisions of the Municipal Act, 2001, S.O. 2001, c. 25, as amended.
11.3 For the purpose of continuous offences, every person who contravenes any
provision of this by-law and every Director or Officer of a Corporation who
knowingly concurs in the contravention of a by-law of the Corporation is
guilty of an offence and liable on conviction to a penalty not exceeding
$10,000, exclusive of costs under the provisions of the Municipal Act, 2001,
S.O. 2001, c. 25, as amended.
11.4 Despite section 11.3 and the provisions of the Municipal Act, 2001, S.O.
2001, c. 25, as amended, the total of all daily fines for the offence is not
limited to $100,000.
11.5 For the purpose of multiple offences, every person who contravenes any
provision of this by-law and every Director or Officer of a Corporation who
knowingly concurs in the contravention of a by-law of the Corporation is
guilty of an offence and liable on conviction to a penalty not exceeding
$10,000, exclusive of costs under the provisions of the Municipal Act, 2001,
S.O. 2001, c. 25, as amended.
11.6 Despite section 11.5 and the provisions of the Municipal Act, 2001, S.O.
2001, c. 25, as amended, the total of all daily fines for the offence is not
limited to $100,000.
By-law 26-24
Page 8 of 13
Original signed by
Original signed by
12.
Severability
12.1 If any court of competent jurisdiction declares any section or part of this By-
law to be invalid, such section or part of a section thereof shall be deemed to
be severable and all other sections or parts of this By-law shall be deemed to
be separate and independent therefrom and to be enacted as such and the
remainder of the By-law shall be valid and shall remain in force.
13.
Schedules
13.1 That Schedule A "General Prohibitions", Schedule B "Prohibitions by Time",
Schedule C "General Exemptions" and Schedule D "Part I Provincial Offences
Act Fines", attached hereto forms part of this by-law.
14.
Repeal
14.1 That By-law 02-09 and all amending by-laws are hereby repealed.
15.
Force and Effect
15.1 This by-law shall take force and effect upon final passage hereof.
By-law Number 26-24 read a first, second and third time and finally passed
this 13th day of April, 2026.
_________________________________________
Douglas Measures, Mayor
_________________________________________
Sasha Helmkay, Director of Legislative Services/Clerk
By-law 26-24
Page 9 of 13
Noise By-law 26-24
The Corporation of the Township of Clearview
Schedule A - General Prohibitions
The following activities are subject to prosecution pursuant to Section 2 of the By-
law, if clearly audible at a point of reception:
1)
The operation of any electronic device or group of connected electronic devices
incorporating one or more loudspeakers or other electromechanical transducers,
and intended for the production, reproduction or amplification of sound;
2)
The operation of a stereo or other electronic device designed to amplify sound
in, or on, a motor vehicle in such a way that the sound can easily be heard
outside of the motor vehicle;
3)
Persistent barking, calling, or whining or other similar persistent noise made by
any domestic pet or any other animal kept or used for any purpose other than
agriculture;
4)
The operation of any construction equipment, combustion engine or pneumatic
device without an exhaust or intake muffling device in good working order and
in constant operation;
5)
Racing of any motorized conveyance other than in a lawful racing event;
6)
The operation of a motor vehicle or motorized conveyance in such a way that
the tires squeal;
7)
The operation of a motor vehicle or motor vehicle with a trailer resulting in
banging, clanging, squealing or other like sounds due to improperly secured
load or equipment, or inadequate maintenance;
8)
The operation of a motorized conveyance or motor vehicle horn or other
warning device except where required or authorized by law or in accordance
with good safety practices;
9)
The operation of an air conditioner, water pump, heat pump or the like that is
not in proper working order;
10) Ring bells, blow or sound any horn, yelling, shouting, hooting, whistling or
singing;
11) All selling or advertising by shouting or outcry or amplified sound.
12) Any unwanted or meaningless sound that in the opinion of the Officer is likely to
disturb the inhabitants of the Township.
By-law 26-24
Page 10 of 13
Noise By-law 26-24
The Corporation of the Township of Clearview
Schedule B - Prohibitions by Time
Item
Column 1
Column 2
Column 3
Activity
Prohibited Period of Time
Permitted Period of
Time
1
The sound from a
wood chipping
establishment
Monday to Saturday
From 7:00pm to 7:00 am
the next day
Sunday
At all times
Monday to Saturday
From 7:00am to 7:00pm
2
Construction or
maintenance activities
other than snow
removal
Monday to Friday
From 8:00pm to 7:00am
the next day
Saturday, Sunday,
Statutory Holidays
From 8:00pm to 9:00am
the next day
Monday to Friday
From 7:00am to 8:00 pm
Saturday, Sunday,
Statutory Holidays
From 9:00 am to 8:00pm
3
The operation of
Construction
Equipment
Monday to Friday
From 8:00pm to 7:00am
the next day
Saturday, Sunday,
Statutory Holidays
From 8:00pm to 9:00am
the next day
Monday to Friday
From 7:00am to 8:00 pm
Saturday, Sunday,
Statutory Holidays
From 9:00 am to 8:00pm
4
Domestic Tool
Monday to Friday
From 9:00 pm to 7:00 am
the next day
Saturday, Sunday,
Statutory Holidays
From 9:00 pm to 9:00am
the next day
Monday to Friday
From 7:00am to 9:00 pm
Saturday, Sunday,
Statutory Holidays
From 9:00 am to 9:00pm
5
Lawn Maintenance
Equipment
Monday to Friday
From 9:00 pm to 7:00 am
the next day
Saturday, Sunday,
Statutory Holidays
From 9:00 pm to 9:00am
the next day
Monday to Friday
From 7:00am to 9:00 pm
Saturday, Sunday,
Statutory Holidays
From 9:00 am to 9:00pm
By-law 26-24
Page 11 of 13
Noise By-law 26-24
The Corporation of the Township of Clearview
Schedule C - General Exemptions
The following activities are considered to be exempt from the provisions of this By-
law:
1) The sirens or noises associated with essential services, all activities of the
Township, the County of Simcoe, the Province of Ontario, any utility provider,
or their servants or agents associated with the provision of maintenance or
essential services;
2) Parades, activities or special events permitted by Council;
3) The use of vehicles, equipment and construction equipment when utilized for
the clearing of snow from public and private property;
4) The noise caused by farm equipment performing any farm operation;
5) The ringing of bells, chimes or clocks associated with religious or public
buildings or uses;
6) Generators for the purpose of power outages.
By-law 26-24
Page 12 of 13
Noise By-law 26-24
The Corporation of the Township of Clearview
Schedule D - Part I Provincial Offences Act Fines
Item
Short Form Wording
Provision for Creating or
Defining Offence
Set Fine
1
Cause or permit a noise from any
electronic device or other sound
producing equipment
Section 2.1, Schedule A, 1.
$300.00
2
Cause or permit a noise from a vehicle
stereo or other device
Section 2.1, Schedule A, 2.
$300.00
3
Permit a noise from a domestic pet or
animal due to barking, calling or
whining
Section 2.1, Schedule A, 3.
$300.00
4
Cause or permit a noise from the
operation of construction equipment
without effective muffling device
Section 2.1, Schedule A,4.
$300.00
5
Cause or permit a noise from any
motorized conveyance by racing
Section 2.1, Schedule A, 5.
$300.00
6
Cause or permit a noise by the
squealing of tires
Section 2.1, Schedule A, 6.
$300.00
7
Cause or permit a noise from a vehicle
or vehicle with a trailer due to
improperly secured load or equipment
Section 2.1, Schedule A, 7.
$300.00
8
Cause or permit a noise from a motor
vehicle horn or other device
Section 2.1, Schedule A, 8.
$300.00
9
Cause or permit a noise from the
operation of an air conditioner or other
device not in proper working order
Section 2.1, Schedule A, 9.
$300.00
10
Cause or permit a noise by yelling,
shouting or ringing bells
Section 2.1, Schedule A,
10.
$300.00
11
Cause or permit a noise in selling or
advertising by shouting or amplified
sound
Section 2.1, Schedule A,
11.
$300.00
By-law 26-24
Page 13 of 13
Item
Short Form Wording
Provision for Creating or
Defining Offence
Set Fine
12
Cause or permit a noise from any
unwanted sound that is likely to disturb
inhabitants
Section 2.1, Schedule A,
12.
$300.00
13
Cause or permit noise from a
woodchipping establishment
Section 3.1, Schedule B, 1.
$300.00
14
Cause or permit noise from construction
or maintenance activities
Section 3.1, Schedule B, 2.
$300.00
15
Cause or permit a noise from the
operation of construction equipment
Section 3.1, Schedule B, 3.
$300.00
16
Cause or permit a noise from a
Domestic Tool
Section 3.1, Schedule B, 4.
$300.00
17
Cause or permit a noise from Lawn
Maintenance Equipment
Section 3.1, Schedule B, 5.
$300.00
18
Fail to comply with an Order
Section 7.5
$300.00
19
Fail to comply with a Discontinue
Activity Order
Section 7.9
$300.00
20
Hinder of obstruct an officer exercising
a power
Section 10.1
$300.00
Note: The penalty provision for the offences indicated above is section 11 of By-law
26-24, a certified copy of which has been filed.