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The Corporation of the Township of Douro-Dummer
By-law Number 2023-XX
A By-Law to Prohibit and Regulate Noise Within the Township of
Douro-Dummer
Whereas Section 129 of the Municipal Act, 2001, S.O. 2001, c. 25 and
amendments thereto enables the councils of local municipalities to prohibit
and regulate noise within the municipality;
And Whereas Section 425 of the Municipal Act, 2001, S.O. 2001, c. 25 as
amended, provides that by-laws may be passed by a municipality to provide
that a person who contravenes a By-law of the municipality passed under
the Municipal Act, 2001 is guilty of an offence;
And Whereas Section 426 of the Municipal Act, 2001, S.0., c. 25 as
amended, provides that no person shall hinder or obstruct, or attempt to
hinder or obstruct any person who is exercising a power or performing a
duty under a By-law passed under this Act;
And Whereas Section 436 of the Municipal Act, 2001, S.O. 200, c. 25 as
amended, provides that a municipality has the power to pass by-laws
providing that the municipality may enter on land at any reasonable time
for the purpose of carrying out an inspection to determine whether a By-
law of the municipality passed under the Act is being complied with;
And Whereas Section 444 of the Municipal Act, 2001, authorizes
municipalities to make orders requiring the person who contravened the 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;
And Whereas Noise pollution has a negative impact on the quality of life
for the residents of the Township of Douro-Dummer.
Now Therefore Be It Resolved that the Council of The Corporation of
the Township of Douro-Dummer hereby enacts as follows:
1. Definitions
In this By-law:
1.1.
Construction means the erection, alteration, repair, dismantling,
maintenance, land clearing, earth moving, excavation, blasting, road
building, equipment installation and alteration, and including any
work in connection therewith.
1.2.
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, forklifts,
cranes, derricks, loaders, scrapers, pavers, generators, off-Highway
haulers or trucks, ditchers, compactors and rollers, pumps, concrete
mixers, graders, or other material handling equipment.
1.3.
Conveyance includes a vehicle and any other device utilized to
transport a Person or Persons or goods from place to place but does
not include any such device or vehicle if operated only within a
building.
1.4.
Council means the elected Municipal Council of The Corporation of
The Township of Douro-Dummer.
1.5.
Electronic Device means a device intended primarily for the
production, reproduction or amplification of Sound, including, but not
limited to, any musical instrument, radio receiver, television receiver,
recorder, phonograph, loudspeakers, amplifiers, microphones or
reproducers or any combination of such equipment, including devices
used in the reproduction of music, speech or other sounds.
1.6.
Emergency means a sudden and unexpected occurrence
demanding immediate action to prevent possible injury, loss of life
or substantial property damage.
1.7.
Government Work Construction, rehabilitation or maintenance work
conducted by the Municipality, the Province of Ontario, the Government
of Canada and any of its agencies or agents including the operation of
motor vehicles and equipment actually engaged in the work.
1.8.
Highway as defined in the Highway Traffic Act, R.S.O. 1990, c. H.8.
1.9.
Motor Vehicle as defined in the Highway Traffic Act, R.S.O. 1990, c.
H.8.
1.10. Motorized Conveyance means a conveyance propelled or driven
otherwise than by muscular, gravitational, wind power or electrical
power.
1.11. Municipality means the Corporation of the Township of Douro-
Dummer.
1.12. Noise Exemption Application means an application requesting
to be exempt from the Noise By-law or portions thereof, as
amended.
1.13. Noise Mitigation Plan means a plan as required and approved by
Council that addresses the mitigation of sound not in compliance with
the requirements of this By-law from planned events or activities.
1.14. Normal Practice means the noise associated with performing a task
that is typical or common practice.
1.15. Officer means a Person appointed by Council as a Municipal Law
Enforcement Officer, or a Police Officer, or other individual duly
appointed to enforce this By-law.
1.16. Owner means the registered Owner of the land and includes a
trustee acting on behalf of the registered Owner, the estate of the
registered Owner and a Person with a leasehold interest in the
land.
1.17. Person means an individual, corporation or other legal entity.
1.18. Point of Reception means any point on the Premises of a Person,
where sound is heard, the source of which does not originate from the
same property.
1.19. Power Equipment Device means any tool, equipment or machinery
that is used in the servicing, maintenance or repair of lawns, gardens
and property maintenance, and includes lawn mowers, edge-trimmers,
rototillers, pressure washers, and hand operated power tools, including
but not limited, to chainsaws, chippers and leaf blowers.
1.20. Power Outage means the hydro service normally provided to a
property is temporarily unavailable for any reason other than the
termination of the service for lack of payment.
1.21. Premises means land and includes the buildings and/or
structures thereon.
1.22. Statutory Holiday as defined in the Retail Business Holiday Act
R.S.O. 1990, Chapter r.30 and includes Family Day.
1.23. Unreasonable Noise means sound that can be heard at a Point of
Reception that unreasonably interferes with the comfort, peace, rest,
enjoyment, or convenience of any reasonable Person. The making,
allowing, creation or maintenance of loud, unnecessary, or unusual
noises which are continuously heard for a period of thirty (30) minutes
or more or intermittently over a period of one (1) hour or more,
constitute Unreasonable Noise.
2. Unreasonable Noise
2.1.
No Person shall make, cause or permit the creation of Unreasonable
Noise, resulting from an act listed in Schedule "A" of this By-law that
is clearly audible at a point of reception anywhere within the
Municipality at any time.
2.2.
Without limiting the generality of Section 3.1 of this by-law, noise is
deemed not to be unreasonable if resulting from an act or emanating
from the use of a device described within Sections 4.0 - 8.0 inclusive,
in accordance with the regulations contained herein.
3. Construction
3.1.
No Person shall cause or permit the emission of sound resulting from
the operation of Construction Equipment or any Construction, that is
clearly audible at a Point of Reception;
(a) between the hours of 7:00 p.m. of one day to 7:00 a.m. of the next
day; or
(b) before 9:00 a.m. and after 7:00 p.m. on Sundays and
Statutory Holidays;
(c) or at any time without an exhaust or intake muffling device in
good working order.
4. Power Equipment Device
4.1.
No Person shall cause or permit the emission of sound from a
Power Equipment Device including, but not limited to, a lawn
mower, grass trimmer, leaf blower or chainsaw; that is clearly
audible at a Point of Reception;
(a) between the hours of 9:00 p.m. of one day to 7:00 a.m. of the next
day;
(b) or at any time without an exhaust or intake muffling device in
good working order.
5. Electronic Device
5.1.
No Person shall cause or permit the emission of sound from an
Electronic Device including, but not limited to, radio, speaker,
television, loud speaker or musical instrument, that is clearly audible
at a Point of Reception;
(a) between the hours of 11:00 p.m. of one day to 7:00 a.m. of the
next day.
6. Noise from Human
6.1.
No Person shall cause or emit noise created by yelling, shouting,
hooting or similar noises made by a human, that is clearly audible at
a Point of Reception;
(a) between the hours of 11:00 p.m. of one day to 7:00 a.m. of the
next day.
7. Generator
7.1.
No Person shall cause or permit the emission of noise from the
continuous operation of a generator or inverter that is clearly audible at
a Point of Reception, for the purposes of providing non-emergency
hydro.
7.2.
Section 8.1 shall be deemed not to apply to the following:
(a) test operation, operation during a power outage or
emergency situation;
(b) the use of a generator conducted under a valid building or
demolition permit issued by the Municipality and during permitted
hours;
(c) where a valid Noise Exemption Permit has been issued by
the Municipality.
8. General Provisions
8.1.
Notwithstanding Sections 4.0 through 8.0 inclusive, no person shall emit
or cause or permit the creation or emission of noise resulting from an
act listed in Schedule "A" attached hereto, and forming part of this By-
law, that is clearly audible at a point of reception anywhere within the
Municipality.
9. Exceptions
9.1.
Despite any other provision of this By-law, it shall be lawful to emit,
cause or permit the emission of sound from:
(a) Police, Fire, Ambulance or other emergency vehicles or any
measures undertaken in an emergency for the immediate health,
safety, or welfare of the inhabitants;
(b) Preservation of property during an emergency; sounds associated
with construction or repair work which is required urgently in order
to prevent severe damage to buildings or property;
(c) Persons or organizations who have received a Noise Exemption
Permit or for an event sanctioned by Township of Douro-Dummer;
(d) Operation of bells, chimes, carillons and clocks in connection with
any place of worship, religious service or any public buildings;
(e) The operation of vehicles, equipment and Construction Equipment
when utilized for, the clearing of snow from public and private
property;
(f) Agricultural, Commercial, Institutional or Industrial activities recognized
as Normal Practice;
(g) Motor Vehicles and Motorized Conveyances being operated on a
Highway, authorized snow mobile trail or a navigable body of water;
(h) Government work.
10. Noise By-law Exemption Application
10.1. Notwithstanding the prohibitions contained in this By-law, any Person may
submit a Noise By-law Exemption Application for consideration to the
Douro-Dummer Municipal Council.
10.2. Any Person requesting a Noise By-law Exemption must submit a written
request to the Municipal Clerk no less than thirty (30) calendar days prior
to the start date being requested.
10.3. The application must include:
(a) The applicant's name, address, telephone number and email address;
(b) The date, time and location of each event or activity for which the
exemption permit is sought and, where applicable, the number of people
expected to attend;
(c) The purpose for which the exemption permit is required;
(d) Reasons supporting an exemption permit;
(e) A noise mitigation plan;
(f) The description of any sound equipment or construction equipment to
be used
(g) The name, address and telephone number of at least one contact person
who will supervise each event or activity; and will be on-site during the
entire event or activity to ensure compliance with the terms and
conditions of the exemption permit.
10.4. No Person or applicant shall provide false or misleading information or
statements on a Noise Exemption application form.
10.5. Upon reviewing the application, Council may, approve, deny or approve
with conditions any Noise By-law Exemption request.
10.6. An approved Noise By-law Exemption permit shall specify the time period,
during which it is effective and may contain such terms and conditions as
Council sees fit.
10.7. Any Noise Exemption Permit granted shall be posted in a conspicuous
place on the property for which the Noise By-law Exemption permit
applies; and shall be strictly adhered to.
10.8. No Person or applicant shall fail to comply with the terms and conditions
as set within the Noise By-law Exemption permit.
10.9. Breach of any of the terms or conditions of the exemption that is caused
by the applicant or persons responsible for the activity or event under the
exemption shall render the permit null and void.
11. Administration and Enforcement
11.1. This By-law shall be enforced by an Officer or such Person or Persons as
Council may appoint under Municipal By-law.
11.2. Nothing herein shall be deemed to limit the ability of the Ontario Provincial
Police to enforce this By-law at any time.
12. Powers of Entry
12.1. An Officer may enter any Premises, other than a dwelling at any reasonable
time for the purpose of carrying out an inspection to determine compliance
with this By- law or any Order issued under this By-law.
12.2. No Person shall hinder or obstruct, or attempt to hinder or obstruct, an
Officer or other duly appointed Person, in the execution of their duties under
this By-law.
13. Order to Discontinue Activity
13.1. If an Officer is satisfied that this By-law has been contravened, the Officer
may make an Order/issue a Fine, requiring the Person who contravened the
By-law, or who caused or permitted the contravention, or the Owner of the
land on which the contravention occurred, to discontinue the contravention.
13.2. An Order made under section 13.1 of this By-law 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; and
(b) the date by which there must be compliance with the Order.
13.3. No Person subject to an Order as described in Section 13.2 shall fail
to comply with the provisions of such Order.
14. Offence and Penalty Provision
14.1. Every person who contravenes any provision of this by-law is guilty of
an offence and on conviction is liable to a fine as provided for in the
Provincial Offences Act R.S.O. 1990, c. P. 33, as amended.
14.2. If this By-law is contravened and a conviction entered, the court in
which the conviction has been entered and any court of competent
jurisdiction thereafter may, in addition to any other remedy and to
any penalty that is imposed, make an order prohibiting the
continuation or repetition of the offence by the person convicted.
15. Validity and Severability
15.1. Should any section, sub-section, clause, paragraph or provision of this
By- law be declared by a court of competent jurisdiction to be invalid
or unenforceable, the same shall not affect the validity or
enforceability of any other provision of this By-law or of the By-law as
a whole.
16. Short Title
16.1. This by-law may be referred to as the "Noise By-law".
17. Repeal
17.1. That By-law Number 2003-59 is hereby repealed.
18. Effective Date
18.1. That this By-law shall come into force and take effect on the date
of its final passing.
Read a first, second and third time and passed this XX day of XXXX, 2023.
Schedule "A" to By-Law Number 2023-XX
General Prohibitions
a)
Persistent barking. Howling, calling or whining or other similar
persistent noise making by any domestic pet, or any other animal
kept or used for a purpose other than agriculture;
b)
The operation of any construction equipment without an effective
exhaust or intake muffling device where applicable and in good
working order in accordance with the manufacturer's specifications;
c)
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 noise
can easily be heard outside of the motor vehicle;
d)
The detonation of fireworks or explosive devices not used in
construction and not approved by the Township;
e)
The operation of any electronic devices or group of connected
electronic devices incorporating one or more loudspeakers or other
electro-mechanical transducers, and intended for the production,
reproduction or amplification of sound;
f)
The operation of an air condition, pool pump or filter, heat pump or
the like that is not in proper working order;
g)
Racing of motorized vehicle other than in a lawful racing event;
h)
The operation of a motor vehicle in such a way that tires squeal;
i)
The operation of a motor vehicle or a motor vehicle with a trailer
resulting in banging, clanking, squealing or other noises due to
improperly secured load to equipment, or inadequate maintenance.
Schedule "B" to By-Law Number 2023-XX
Activities to which the By-law does not apply
a)
Road and Bicycle races authorized by the Municipality;
b)
Regimental salutes;
c)
Parades authorized by the Municipality;
d)
Firework displays authorized by the Municipality;
e)
Midways and circuses authorized by the Municipality;
f)
Sporting, recreational and entertainment events in public parks, buildings or
grounds authorized by the Municipality;
g)
Non-motorized sports, sporting events and recreational activities occurring in
public parks and grounds that were specifically designed for such activities;
h)
Musical and other performances in public parks, public buildings or public
grounds authorized by the Municipality;
i)
Special neighbourhood social activities on streets or other public land
authorized by the Municipality;
j)
Transformers and diesel operated pumps owned by the Municipality and
necessary preventive maintenance work undertaken by the Municipality;
k)
Necessary municipal operations, including but not limited to, snow clearing,
street cleaning and garbage collection, undertaken by, or on behalf of, the
Municipality;
l)
Snow removal that is essential for the normal operation of a business;
m)
Church clocks striking the hour and chimes ringing and the playing of any
church carillon;
n)
Generators for the purpose of power outages;
o)
The discharge of a firearm in accordance with the Municipality's Discharge of
a Firearm By-law; and
p)
Events approved by the Special Events By-law.