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THE CORPORATION OF THE
TOWN OF COBALT
BY-LAW NO. 2021-016
Being a by-law to prohibit and regulate certain noises within the Town of Cobalt.
WHEREAS under Section 8 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, the powers
of a municipality shall be interpreted broadly to enable it to govern its affairs as it considers
appropriate and to enhance the municipality's ability to respond to municipal affairs;
AND WHEREAS under Section 9 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, a
municipality has the capacity, rights, powers and privileges of a natural person for the purpose of
exercising its authority under this or any other Act;
AND WHEREAS under Section 10 (1) of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, a
single-tier municipality may pass by-laws with respect to matters or economic, social and
environmental well-being of the municipality;
AND WHEREAS under Section 10 (2) 6 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended,
provides that a municipality may pass by-laws with respect to matters of healthy, safety and well-
being of persons;
AND WHEREAS under Section 129 (a) of the Municipal Act, 2001, S.O. 2001, c. 25, as amended,
provides that a municipality may pass by-laws for prohibiting and regulating noise;
AND WHEREAS under Section 129 (b) of the Municipal Act, 2001, S.O. 2001, c. 25, as amended,
provide that a municipality may through a permit grant exemptions;
AND WHEREAS under Section 425 (1) of the Municipal Act, 2001, S.O. 2001, c. 25, as amended,
provides that a municipality may pass by-laws providing that a person who contravenes a by-law of
the municipality passed under this Act is guilty of an offence;
AND WHEREAS under Section 429 (1) of the Municipal Act, 2001, S.O. 2001, c. 25, as amended,
provides that a municipality may establish a system of fines for offences under a by-law of the
municipality passed under this Act;
AND WHEREAS the Council of the Town of Cobalt deems it desirable to pass a by-law to prohibit
and regulate unusual noise, or noises likely to disturb the inhabitants of the municipality;
AND WHEREAS Council has ensured adequate notice has been given regarding the passing of this
by-law;
NOW THEREFORE the Council of the Corporation of the Town of Cobalt hereby enacts the following
of this by-law:
1. That Council adopts a by-law to prohibit and regulate certain noises in the municipality and
that the provisions of the said by-law are outlined in Schedule "A" hereto attached and forming
part of this by-law.
2. That this by-law shall come into force and take effect on the date of its final passing.
3. That by-law 1984-019, as amended, being a by-law to control noises in the municipality is
hereby repealed.
4. That the Clerk of the Town of Cobalt is hereby authorized to make any minor modifications
or corrections of an administrative, numerical, grammatical, semantically or descriptive
nature or kind to the by-law and schedule as may be deemed necessary after passage of this
by-law, where such modifications or corrections do not alter the intent of the by-law.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED this 27th day of April, 2021.
Mayor
Clerk-Treasurer
THE CORPORATION OF THE TOWN OF COBALT
Schedule "A" TO BYLAW 2021-016
TO PROHIBIT AND REGULATE CERTAIN NOISES IN THE MUNICIPALITY
PART 1
GENERAL PROVISIONS
1.1
Short Title
This by-law shall be cited as the "Noise By-Law"
1.2
Scope
The provisions of this by-law shall apply to all property within the geographic limits of the
Town, except where otherwise provided.
1.3
Enforcement
This by-law shall be enforced by an Enforcement Officer or Police Officer.
1.4
Conflicts with other by-law
Where provisions of the by-law conflict with a provision of another by-law in force in the
Town of Cobalt, the provisions that establish the higher standard in terms of protecting the
health, safety and welfare of the general public and the environment well being of the
municipality to the extent of the conflict.
PART 2
DEFINITIONS
Definitions of words, phrases and terms used in the by-law that are not included in the list of
definitions in this section shall have the meanings which are commonly assigned to them in the
context in which they are used in this by-law.
The words, phrases and terms defined in this section have the following meanings for the purpose
of this by-law.
2.1
"Authorized Emergency Vehicle" includes any ambulance or hearse, any vehicle of the
fire department, ,any vehicle of the municipal, provincial or federal police, any vehicle
including snow removal equipment operated or for the Town or a public utility company
while actively engaged in the construction, maintenance or repair of any highway, or any
equipment or facilities thereon and any vehicle or equipment required to address an
ongoing or imminent danger to persons or property or any extraordinary response required
to mitigate harm to the environment or community.
2.2
"Construction" includes erection, alteration, repair, dismantling, demolition, structural
maintenance, painting or moving of any building or structure, the clearing of land, earth
moving, grading, excavating, the laying of pipe, and conduit whether above or below grade
level, street and highway building, concreting, equipment installation and alteration and the
structural installation of construction component and materials in any form or for any
purpose, and includes any work in connection therewith.
2.3
"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 materials handling
equipment.
2.4
"Corporation" means the Corporation of the Town of Cobalt
2.5
"Council" means the Council of the Town of Cobalt.
2.6
"Enforcement Officer" means the person or persons duly appointed by Council as
Municipal Law Enforcement Officer for the purpose of enforcing regulatory by-laws of the
Town.
2.7
"Highway" includes a common and public highway, street, road, crescent, avenue,
parkway, driveway, square, place, bridge, viaduct or trestle designed and intended for, or
used by, the general public for the passage of vehicles.
2.8
"Inhabitants" means those person(s) occupying or residing within the municipality.
2.9
"Lot Line" means the boundary line between adjoining properties and or the boundary line
between a property and a highway, laneway, municipal sidewalk or municipal road
allowance.
2.10
"Motor Vehicle" includes a truck, automobile, motorcycle, motorize snow vehicle, all
terrain vehicle and any other vehicle propelled or driven otherwise that by muscular power;
but does not include a farm tractor or construction equipment.
2.11
"Municipality" means the land within the geographic limit of the Town of Cobalt.
2.12
"Noise(s)" means unwanted sound.
2.13
"Owner" means and includes: the person for the time being managing or receiving the rent
of the land or premises in connection with which the word is used, whether on the person's
own account or as an agent or trustee of any other person, or who would so receive the
rent if such land premises were let.
2.14
"Person" means an individual, firm or corporation.
2.15
"Police Officer" means a member of the Ontario Provincial Police Service.
2.16
"Town" means the Corporation of the Town of Cobalt.
2.17
"Zone" means the various areas into which the Town is divided into in accordance with the
Zoning By-Law.
2.18
"Zoning By-Law" means all current by-laws and amendments thereto and any subsequent
by-laws which may be enacted in substitution therefore under the Planning Act with respect
to land use within the Town.
PART 3
GENERAL PROHIBITION
3.1
Likely to disturb - unusual - prohibited
No person or owner shall cause or permit to be caused any unusual noise, or noises likely
to disturb inhabitants.
3.2
Likely to disturb - unusual - set out
For the purpose of and not so as to limit the generality of section 3.1 of this by-law, the
noises or sounds set out in section 3.3 to 3.11 inclusive of this by-law shall be deemed to
be unusual noise or noises likely to disturb inhabitants.
3.3
Horn - Siren - Bell
Any sounds or noises caused by the use or operation of any horn, bell, siren, signal device
or other sound-producing device whether stationary or on any motor vehicle or bicycle
3.4
Radio - loud speaker - other - annoying - disturbing
The sounds or noises from or created by any radio or phonograph, public address system,
sound equipment, loud speaker, or similar device or devices, or any musical or sound
producing instrument of whatever kind, when such device or instrument is played or
operated in such a manner or with such volume, as to likely annoy or disturb the peace,
quiet, comfort of repose of any individual in any location beyond the lot line of the property
on which such device or instrument is located, is prohibited.
3.5
Shouting - Verbal Sound
Any noises cause by loud shouting, or excessive sound generated by a human voice, is
prohibited.
3.6
Animal - bird - disturbing peace - quiet
Any noises made by any domestic pet, or any other animal or bird kept or used for any
purpose other than agriculture, which is likely to disturb the peace, or comfort of any
individual in any location beyond the lot line of the property on which such domestic pet,
other animal or bird is located, is prohibited.
3.7
Vehicle - rattling - in disrepair - maladjusted
The grating, grinding, or rattling noises or sounds cause by condition of disrepair or
maladjustments or any motor vehicle, or other vehicle or part of accessory thereof is
prohibited.
3.8
Vehicle - load - improperly secured
The noises created by driving any motor vehicle or other vehicle bearing materials, articles
or things which are loaded upon such vehicles in such a manner as to create such noises is
prohibited.
3.9
Exhaust - discharge - without muffler
The discharge into the open air of the exhaust of any stationary internal combustion engine
or motor vehicle except through a muffler or other device, which effectively prevents loud or
explosive noises is prohibited.
3.10
Compression Release Engine Brake
9 p.m. to 7 a.m. all days
Between the hours of 9:00 p.m. of any day and 7:00 a.m. of the next following day, any
noise arising from a compression release engine brake and the operation of a compression
release engine brake is prohibited.
3.11
Construction
9 p.m. to 7 a.m. Sunday to Saturday
9 p.m. to 9 a.m. Saturday to Sunday
Between the hours of 9 p.m. of any day and 7 a.m. of the next following day, Sunday to
Saturday, and 9 p.m. Saturday until 9 a.m. Sunday, the noises arising from any construction
and the operation of construction equipment related thereto is prohibited.
3.12
Residential Power Equipment
9 p.m. to 7 a.m. Sunday to Saturday
9 p.m. to 9 a.m. Saturday to Sunday
Between the hours of 9 p.m. of any day and 7 a.m. of the next following day, Sunday to
Saturday, and 9 p.m. Saturday to 9 a.m. Sunday, the noises or sounds created by the use
or operation of any residential power equipment including lawn and garden maintenance
equipment and chainsaws is prohibited.
PART 4
EXEMPTION
4.1
Agriculture Exemption
Notwithstanding any other provision of this by-law, this by-law does not apply to a person or
agriculture use that emits, causes, or permits the emission of sound or vibration that is
normal and incidental to the specific agriculture use.
4.2
Commercial Exemption
Notwithstanding any other provision of this by-law, this by-law does not apply to a
commercial use that emits, or causes, or permits the emission of sound or vibration that is
not normal and incidental to the specific commercial use.
4.3
Commercial Establishment - Licensed Premises
Premises licensed by the Alcohol and Gaming Commission of Ontario for the sale of
alcoholic beverages shall be governed by the permitted hours of sale of alcohol as set out
in the terms and conditions in the license issued by the said Commission. Notwithstanding,
Section 3.1 through 3.12 shall apply.
4.4
Industrial Exemption
Notwithstanding any other provision of this by-law, this by-law does not apply to a person or
industry use that emits, causes, or permits the emission of sound or vibration that is normal
and incidental to the specific industrial use.
4.5
Public Celebration - Election - Gathering
None of the provisions of this by-law shall apply to the use in a reasonable manner of any
apparatus or mechanism for the amplification of the human voice or of music in a public
park or any other commodious space in connection with any public election meeting, public
celebration or other lawful gathering, provided that Council of the Corporation has passed a
resolution in accordance with Section 5.
4.6
Authorized Emergency Vehicles
None of the provisions of this by-law shall apply to any authorized emergency vehicles
answering a call or carrying out their duty.
4.7
Snow Removal
None of the provisions of this by-law shall apply to any vehicle of the Corporation or their
agents working on behalf of the Corporation to perform snow removal, snow plowing, or
snow clearing of any Municipal highways and properties or to private contractors or persons
performing snow removal, snow plowing or snow clearing.
4.8
Traditional or Festive Activities and Events
Notwithstanding any other provision of this by-law, this by-law does apply to a person who
emits, causes, or permits the emission of sound in connection with any traditional or festive
activities and events that have been authorized by Council.
Persons seeking exemption from this by-law for other activities and events shall be subject
to the provision of Section 5 of this By-Law.
4.9
Railway - operations- under Railway Act
None of the provisions of this by-law shall apply to any sound arising from the operation of
any railway, which operates under the Railway Act of Canada.
PART 5
GRANT OF EXEMPTIONS BY COUNCIL
5.1
Council may grant exemption
Council may by resolution, upon receipt of written application, grant an exception to
provisions of the by-law for a specified period of time, not to exceed 6 months, subject to
such terms and conditions as considered reasonable and appropriate.
5.2
Form of Application
The application shall include:
a) the name and address of the applicant;
b) a description of the source of sound in respect of which an exemption is sought;
c) a statement of the section of the by-law for which an exemption Is being sought;
d) the period of time for which the exemption is being sought;
e) the reason why exemption is being sought.
5.3
Exemption application to be published
Such applications shall be accompanied by proof of publication, within the preceding 10
days, in a newspaper of general circulation within the applicable service area of the
Corporation, of a notice of intention to apply for an exemption to this bylaw, containing the
information required by Clauses 5.2(a) through (e) inclusive and stating the date which the
application the Council is intended to be made.
5.4
Procedure
In deciding whether to gran the exemption, Council will review the application and any
written or verbal submissions and grant the applicant and any person opposed to the
application an opportunity to speak in accordance with Council's Procedural Bylaw.
5.5
Procedure breach of Provisions of Exemption
Where an exemption is granted, any breach of the terms or conditions shall render the
exemption null and void.
PART 6
PENALTIES
6.1
Offence - Penalty
Every person who contravenes, suffers or permits any act or thing to be done in
contravention of, or neglects to do or refrains from doing anything required to be done
pursuant to any provisions of Bylaw or any permit or order issued pursuant therefore,
commits an offence and except where specifically provided under Appendix "1", shall be
liable to a penalty as provided under the "Provincial Offences Act".
6.2
Continuation - New Offence
Where an offence is a continuing offence, each new day that the offence is continued shall
constitute a separate and distinct offence.
6.3
Continuation - Repetition - Prohibited - By Order
The Court in which conviction has been entered an any court of competent jurisdiction
thereafter, may make an order prohibiting the continuation or repetition of the offence by the
Person convicted, and such order shall be in addition to any other penalty imposed and
enacted as such.
PART 7
VALIDITY
7.1
Validity
It is declared that notwithstanding that any section or sections of this Bylaw, or parts
thereof, may be found by any court or law to be bad or illegal or beyond the power of the
Council to enact, such section or sections or parts thereof shall be deemed to be severable
and that all sections or parts of this Bylaw are separate and independent from the other and
enacted as such.
THE CORPORATION OF THE TOWN OF COBALT
Appendix "1" of Schedule "A"
TO NOISE BYLAW NO. 2021-016
PART 1 PROVINCIAL OFFENCES ACT
SET FINES
Item
COLUMN 1
Short Form Wording
COLUMN 2
Provision creating or
defining offence
COLUMN 3
Set Fine
1
Cause noise.
Section 3.1
$100.00
2
Noise caused by horn.
Section 3.3
$100.00
3
Noise caused by speaker.
Section 3.4
$100.00
4
Noise caused by shouting.
Section 3.5
$100.00
5
Noise caused by pet.
Section 3.6
$100.00
6
Noise caused by vehicle.
Section 3.7
$100.00
7
Noise caused by load improperly secured.
Section 3.8
$100.00
8
Noise caused by engine.
Section 3.9
$100.00
9
Noise caused by compression release brake.
Section 3.10
$100.00
10
Noise caused by construction.
Section 3.11
$100.00
11
Noise caused by residential equipment.
Section 3.12
$100.00
Note: The general penalty provision for the offences listed above is Section 61 of the
Provincial Offences Act, R.S.O. , 1990, c. P 33, as amended.