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THE CORFORATION OF THE TO\'\'N OF COBOURG
BY.LAW NUMBER 011.2011
A BY.LAW TO REGULATE NOISE WITHIN THE TOWN OF COBOURG
WHEREAS Section 129 of the Municipal Act, 2001, provides that a
municipality may pass by-laws to prohibit and regulate with respect to noise;
AND WHEREAS Section 128 of the Municipal Act, 2001, provides that a
municipality may prohibit and regulate with respect to public nuisances,
including matters that in the opinion of Council are or could become public
nuisances;
AND WHEREAS in the opinion of Council for the Corporation of the Town of
cobourg, certain kinds of noise are or could become a public nuisance;
AND WHEREAS it is the opinion of Council that for the benefit of individuals
and the public at large, there must be regulations and prohibitions regarding
the making of noise;
AND WHEREAS Council in the Committee of the Whole meeting held on
July 19, 2010 directed staff to prepare a by-law to update the existing Noise
By-law No. 60-97 and amendments;
AND WHEREAS council further directed that a public meeting be
scheduled and advertised to provide the public an opportunity to review the
recommendations and to provide their comments, and said meeting was
held on Monday, January 24,2011.
NOW THEREFORE the Council of the Corporation of the Town of Cobourg
enacts as follows:
This By-law may be cited as "The Noise control By-raw No. 01 1-201 1 ".
DEFINITIONS
ln this By-law, unless the context otherwise requires:
"approved sound meter" shall mean an instrument meeting American
National Standard lnstitute's Standard Sl-4-1971 or the most recent revision
thereof for Type 1 or Type 2 sound level meters, or an instrument and the
associated recording and analyzing equipment that will provide equivalent
data;
"commercial land use" shall include any commercial use as defined in the
Town of Cobourg By-law No.8s-2003 as it may be amended from time to
time.
"construction" means the erection, alteration, repair, painting, maintenance,
relocation, demolition or removal of a building or other structure and
includes all land clearing, landscaping, earth moving, grading, excavating,
all public works activities, the erection or raying of lines, cable, pipes and
conduit (whether above or below ground level), street building, paving,
concreting and similar activities on a site and the installation, alteration or
removal of construction equipment, components and materials in any form
or for any purpose, and any work being done in connection therewith;
i t,toise By-law Ño. 01 1-2O11
(d)
"continuous sound" means any sound occurring without interruption for
more than three minutes, or occurring repeatedly for periods of time which
aggregate more than three minutes in any fifteen minute period;
"daytime" means the period from 7:00 a.m. to 7:00 p.m. of the same day;
"decibel (dB)" shall mean the ratio between levels of sound pressure
expressed as 20 times the logarithm to the base ten (10) of the said ratio;
"emergency machinery, vehicle, work or alarm" shall mean any machinery,
vehicle, work or alarm used, employed, performed or operated in an effort to
protect, provide or restore safe conditions in the community, or work by
private or public utilities when restoring utility services;
"holiday" and "statutory holiday" means any day set out as a holiday in the
Retail Business Holidays Act, R.S.O. 1990, cR30, as it may be amended
from time to time;
"industrial land use" shall include any industrial use as defined in the Town
of Cobourg Zoning By-law No. 85-2003;
"institutional land use" shall include any institutional use as defined in the
Town of Cobourg Zoning By-law No. 85-2003 as it may be amended from
time to time;
"motor vehicle" means any motorized conveyance and includes any
automobile, motorcycle and any other vehicle propelled or driven othen¡vise
than by muscular power;
"night-time" means the period from 7:00 p.m. of any day to 7:00 a.m. of the
following day;
"rìoise" means any noise prohibited in this by-law;
"person" includes a person, firm, association, co-partnership, joint venture,
corporation or any entity, public or private in nature;
"point of reception" means any premises or location where sound is
received, other than the premises from which the sound originates;
"premises" means a parcel of land and includes any buildings and structures
on the land, and includes a place of business, road and any other location
or place;
"residential area" and "residential land use" shall include any area of the
Town where residential use is permitted under the provisions of the Town of
Cobourg Zoning By-law No. 85-2003 and shall include any residential
dwelling as defined in the Town of Cobourg Zoning By-law No. 85-2003;
"sound level" shall mean the total sound level in decibels of all sound as
measured with an approved sound meter with a reference pressure of 20
micro-pascals using the "4" weighted network (scale) at slow response. The
unit of measurement shall be defined as dB(A) or dBA.
GENERAL PROHIBITION
No person shall make, cause or permit a noise that is likely to disturb any
inhabitants of the Town of Cobourg as set out in Schedule "4".
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ise By-law No. 011-2011
SOUND LEVELS
No person shall make, cause or permit to be made within the Town of
Cobourg a continuous sound with a sound level that, measured at a point of
reception on an approved sound meter, exceeds allowable sound levels
noted below:
Type of Land Use
Residential and Hospital
Commercial
lndustrial
Time lnterval
Night-time
Daytime
Night-time
Daytime
Night-time
Daytime
Maximum Allowable
Sound Level (dbA)
No person shall make, cause or permit to be made within the Town of
cobourg a continuous sound or any sound, the sound level of which
exceeds a sound level of 75 dbA during the daytime or exceeds a sound
level of 70 dbA during the night-time, measured at the point of reception.
PROHIBITION OF SOUNDS OF SPECIFIC ORIGIN
Despite the provisions of Section 3.1 and 3.2, no person shall, subject to the
exceptions under section 5, make or cause or permit to be made:
a continuous sound during the Daytime or Night-time of any day, emitted,
produced or amplified at a sound level in excess of 65 decibels by any
electronic equipment or other device or apparatus carried on or in or towed
by a motor vehicle while the motor vehicle is moving on a highway or
stationary on any premises;
a sound caused by the use of a motor vehicle horn or other similar warning
device except for the purpose of giving an audible warning when necessary
for the safe operation of such vehicle, or for the safety of others on a
highway;
a sound caused by the use of a motor vehicle alarm system more than once
in any two hour period;
the particular noises during prohibited periods of time and place relating to
specific operations as set out in Schedule "A" attached which forms a part of
this by-law.
EXCEPTIONS
The provisions of this By-law shall not apply to any sound caused by:
the operation by Police Officers, Fire Fighters and operators of emergency
vehicles in the conduct of their lawful duty;
the operation of power equipment used for lawn, garden, building or
property maintenance, but excluding construction, on any day other than a
sunday or holiday between B:00 a.m. and g:00 p.m. and between 10:00
a.m. and 8:00 p.m. on a Sunday or holiday;
the noise arising from the operation of construction or construction
equipment on any day other than a Sunday or holiday between the hours of
45
55
55
60
65
70
ç Noise By-law No. 01 1-2O11
7:00 a.m. and 6:00 p.m. and between the hours of 12:00 noon and
p.m. on Sundays and statutory holidays;
the operation of a street sweeper, snow removal equipment, parks and
public works maintenance machines and equipment by or on behalf of the
Town; or other institutional uses within the Town of Cobourg limits;
the unamplified performance of vocal or instrumental music by a person or a
group of persons between the hours of 7:00 a.m. and 11:00 p.m.;
activities or work specifically exempted from this by-law by a resolution of
council provided such conditions or requirements as may be imposed by
Council are observed or met.
RIGHT OF ENTRY
A By-law Enforcement Officer may at all reasonable times enter upon any
premises other than dwellings in order to ascertain whether the provisions of
this by-law are being observed.
PENALTY
Any person who contravenes any provision of this By-law is guilty of an
offence and is liable upon conviction to such fines and penalties as may be
provided pursuant to the provisions of the Provincial Offences Act, R.S.O.
1990, cP33 as amended.
lf this By-law is contravened and a conviction entered, in addition to any
other remedy and to any penalty imposed by the By-law, the court in which
the conviction has been entered and any court of competent jurisdiction
thereafter, may make an order prohibiting the continuation or répetition of
the offence by the person convicted.
where a person contravenes any provision of this By-law, each day or a
paft of a day that the contravention continues is a separate offence.
SEVERABILITY
lf any section, clause or provision of this By-law is for any reason declared
by a Court of competent jurisdiction to be invalid, the same shall not affect
the validity of the By-law as a whore or any part thereof, other than the
section, clause or provision so declared to be invalid and it is hereby
declared to be the intention of Council that the remaining sections, clauses
or provision of the By-law shall remain in full force and eiect until repealed,
notwithstanding that one or more provisions of this By-law shall have been
declared to be invalid.
REPEAL
lPon the passage of this By-law, By-law No. 60-97, By-law No. 3g-00,
By-law No. 102-2008 and By-law No. 70-2009 and ail amendments thereto
shall be repealed.
ENACTMENT
THAT this By-law shall come into force and effect upon the final passing
hereof.
READ a first, second and third time and finally passed in Open Council this
$fr day-gf February ,2011.
MAYOR
MUNICIPAL CLERK
Noise By-law No. 01 1-2011
SCHEDULE f¡A"
Section
Pafticulars of Noise
Residential/Commercial Areas
1.
The operation of any
construction equipment in
connection with
construction, unless
othenruise exempt under the
provisions of this by-law.
7:00 p.m. of one day to 7:00 a.m. of
the next day, and
Allday Sundays and Statutory
Holidays
2.
The operation of any
construction equipment
without effective muffling
devices in good working
order and in constant
operation.
At any time
3.
The detonation of fireworks
or explosive devices.
11:00 p.m. of one day to 7:00 a.m.
of the next day (9:00 a.m. Sundays)
4.
The operation of a
combustion engine which,
is, or is used in, or is
intended for use in, a toy or
a model or replica of a larger
device, which modelor
replica has no function other
than amusement and which
is not a conveyance.
7:00 p.m. of one day to 7:00 a.m. of
the next day (9:00 a.m. Sundays)
5.
The operation of any
motorized conveyance other
than on a highway or other
place intended for its
operation.
7:00 p.m. of one day to 7:00 a.m. of
the next day (9:00 a.m. Sundays)
6.
The venting, release or
pressure relief of air, steam
or other gaseous material,
product or compound from
any autoclave, boiler,
pressure vessel, pipe, valve,
machine, device or system.
11:00 p.m. of one day to 7:00 a.m.
of the next day (9:00 a.m. Sundays)
7.
Continuous barking, calling
or whining or other similar
persistent noise making by
any animal.
At anytime
8.
The_operation of any
powered or non-powered
tool for domestic purposes
other than snow removal.
11.00 p.m. of one day to 7:00 a.m.
of the next day (9:00 a.m. Sundays)
9.
The operation of solid waste
bulk lift or refuse compacting
equipment.
11:00 p.m. of one day to 7:00 a.m.
of the next day (9:00 a.m. Sundays)
i Noise By-law No. 011-2O11
¡
10.
Yelling, shouting, hooting,
whistling or singing or similar
sounds.
1 1:00 p.m. of one day to 7:00 a.m.
of the next day (9:00 a.m. Sundays)
11.
The operation of a sound
emitting pest control device.
11:00 p.m. of one day to 7:00 a.m.
of the next day (9:00 a.m. Sundays)
12.
The use of 'jake brakes' or
other forms of engine
braking within the limits of
the Town of Cobourg.
At anytime
13.
The operation of a motor
vehicle in such a way that
the tires squeal.
At anytime
14.
The operation of any
combustion engine without
an effective exhaust muffling
device in good working
order and in constant
operation.
At anytime
15.
The operation of any
auditory signaling device,
including but not limited to
the ringing of bells or gongs
and the blowing of horns or
sirens or whistles, or the
prod uction, reprod uction or
amplification of any similar
sounds except where
required or authorized in
accordance with good safety
practices or for accessibility
purposes.
7:00 p.m. of one day to 7:00 a.m. of
the next day, and
Allday Sundays and Statutory
Holidays
17.
The operation of any
electronic device or group of
connected electronic
devices incorporating one or
more loudspeakers or other
electro mechanical
transducers, and intended
for the production,
reprod uction or amplification
of sound.
1 1 :00 p.m. of one day to 7:00 a.m.
ofthe next day; and
18.
Loading, unloading,
delivering, packing,
unpacking, or otheruvise
handling any containers,
produce, materials, or refuse
unless necessary for the
maintenance of essential
seruices or the preservation
of perishable goods.
11:00 p.m. of one day to 7:00 a.m.
of the next day;
On Sundays, from 12:00 midnight
to 10:00 a.m. and from 2:00 p.m. to
12:OO midnight; and
On Statutory holidays, from 12:OO
midnight to 10:00 a.m. and from
2:00 p.m. to 12:00 midnight.
r Noise By-law No. o1 1-2011
".----
THE æRPORATIO¡I OF TTE TC'ì'VN OF COEOTJRG
BY.LAW NUMBER 012.2011
A BY.LAW TO AMEND BY-LAW NUMBER O2.2OO3 BEING A BY.
LAW RESPECTING SMOKING IN PUBLIC PLACES.
WHEREAS pursuant to section 115 of the Municipal Act, 2001, s.o. 2001, c.
25, as amended, authorizes councils of local municipalities to pass by-laws to
prohibit or regulate the smoking of tobacco in public places and workplaces;
AND WHEREAS the smoke-Free ontario Act establishes a minimum
standard applicable across the province, and municipalities still have the
ability to pass more restrictive by-laws;
AND WHEREAS the council of the corporation of the Town of cobourg
considered the enactment of such a by-law to be advisable and in the
interests of the health, safety and welfare of its inhabitants;
AND WHEREAS Council passed By-law No. 02-2003 on January 6, 2003;
AND WHEREAS Council is desirous to amend By-law No. 02-2003 to prohibit
smoking around the exterior of municipally owned buildings including the
arenas, community centre, marina, trailer park, bus and transit shelters, parks
garage, public works building, public utilities buildings, greenhouse, water
plant, water pollution controlfacilities, C. Gordon King Centre/Cobourg Public
Library, Market Building, old Fire Hall rheatre Building, Fire Hail, police
Station, Dressler House and Victoria Hall.
NOW THEREFORE the Municipal Council of the Corporation of the Town of
Cobourg enacts as follows:
1. THAT PART ll of By-law No. 02-2003 be amended by adding the
following:
PART II . NO SMOKING IN PUBLIC PLACES
2. No person shall smoke within nine (9) meters of the exterior of municipally
owned buildings including the arenas, community centre, marina, trailer
park, bus and transit shelters, parks garage, public works building, public
utilities buildings, greenhouse, water plant, water pollution controlfacilities,
c. Gordon King centre/cobourg Public Library, Market Building, old Fire
Hall rheatre Building, Fire Hall, Police station, Dressrer House and
Victoria Hall and signs will be posted accordingly.
No smoking in public places
By-law No. 012-2011
- Page 2
3. THAT the provisions of this by-law shall come into force and take effect
upon the final passing hereof, subject to the erection of appropriate signs
in accordance with the relevant regulations.
READ a first, second and third time and finally passed in Open Council
this 7th
day of
March
,2011.
NICIPAL CLERK
No smoking in public places
By-law No. 012-2011