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pe
re covariate
Y Dubreuilville
Prenez le temps de vine 89 Experience the Freedom
By-Law No. 2023-29
Being a By-Law to regulate noise within the municipality in Township of
Dubreuilville.
WHEREAS it is expedient to exercise the power conferred upon the council by the Environmental
Protection Act, R.S.O. 1990, chap. E.19, as amended, and other statutory authority, noise is recognized
as a form of pollution: and
WHEREAS Section 129(a) of the Municipal Act 2001, S.O.
c. 25 as amended authorizes the
municipality to prohibit and regulate with respect to noise: and
WHEREAS pursuant to section 425 of the Municipal Act, 2001, a municipality may pass By-law
providing that a person who contravenes a By-law of the municipality passed under the Act is guilty
of an offence; and
WHEREAS pursuant to section 426 ofthe Municipal Act, 2001 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 pursuant to section 429 ofthe Municipal Act, 2001 a municipality may establish a system
of fines for offences under a By-law of the municipality passed under this Act; and
WHEREAS it is the policy of the Council to reduce and control excessive or nuisance noise or
vibration, to protect the public health and safety, and preserve the tranquility in the Township of
Dubreuilville; and
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Township
of Dubreuilville enacts as follows:
SHORT TITLE
1. This By-law may be referred to as the "Noise Control By-law".
STATUTORY REFERENCE
2. Any reference in this By-law to a statutory provision is a reference to the stature of that name in
effect in the Province of Ontario or the county of Canada as amended from time to time.
DEFINITIONS
3. In this by-law:
a)
"Administrative penalty" means a monetary penalty that can be issued to a person or
corporation found in violation ofthe provisions ofthe by-law, established by by-laws passed
by the Township, the Provincial Offences Act, R.S.O. 1990 or the Municipal Act, 2001.
b)
"Appliance" means a household device either fixed or portable;
Cc)
"Applicant means the name of the person or corporation found on the application to the
Township for exemption to the Noise By-law, as the person who is requesting the exemption
or acting on behalf of the person or corporation who is requesting the exemption from the
by-law;
d)
g)
h)
j)
k)
1)
Pp)
t)
"Construction" includes erection, alteration, repair, dismantling, demolition, structural
maintenance, painting, moving, land clearing, earth moving, grading, excavating, the laying
of pipe and conduit either 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;
"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,
loader, scrapers, pavers, generator, off-highway haulers or trucks, ditchers, compactors, and
rollers, pumps, concrete mixers, graders, or other material handling equipment;
"Conveyance" includes a vehicle and any other device employed 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 the premises ofa person;
"Council" means the Council of the Corporation ofthe Township of Dubreuilville;
"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 ofmusic, speech or sounds;
"Excessive noise" means noise under human control and is of such a nature as to interfere
with the peace, comfort, and convenience of any person at a point of reception occurring at
restrictive times;
"Fireworks" is defined in the Explosive Regulations made pursuant to the Explosive Act,
RS. c. E-15, s-1 as amended, and also means consumer fireworks that are defined as
"outdoor, low hazard fireworks thar are designed for personal recreational use and includes,
but is NOT limited to Roman candles, sparklers, fountains, multi-shot cakes, volcanoes,
mines and snakes";
"Highway" includes a common and public highway, street, avenue, parkway, driveway,
square, place bridge, viaduct or trestle designed and intended for, or used by, the general
public for the passage of vehicle;
"Minister" means Minister ofthe Environment;
"Ministry" means Ministry ofthe Environment;
"Motor vehicle" includes an automobile, motorcycle, and any other vehicle propelled or
driven otherwise than by muscular power; but does not include the cars of electric or steam
railways, or other motor vehicles running only upon rails, or
a motorized snow vehicle,
traction engine, farm tractor, self-propelled implement of husbandry or road-building
machine within the meaning ofthe Highway Traffic Act;
"Motorized Conveyance" means a conveyance propelled or driven otherwise than by
muscular, gravitational or wind power;
"Municipality" means the land within the geographic limit ofthe Township ofDubreuilville;
"Municipal By-law Enforcement Officer" means the Municipal By-Law Enforcement
Officer appointed by the Township of Dubreuilville or their agent, other staff appointed as
an Officer for the Township;
"Noise" means unwanted sounds and vibrations;
"Owner" means the registered owner of the land from which noise originates, and includes
a trustee acting on behalf of the registered owner, the estate of a registerer owner and a
person with a leasehold interest in the land;
"Point of reception" means any place on a property where sound or vibration is heard, the
source of which does not originate from in the land;
"Township" means the geographic area comprising the Township of Dubreuilville.
ADMINISTRATION & ENFORCEMENT
4. The Municipal By-law Enforcement Officer, staff appointed by Council as an Officer, or their
representative shall be responsible for the administration and enforcement of this by-law.
5. Nothing herein shall be deemed to limit the ability of the Ontario Provincial Police to enforce this
by-law at any time.
GENERAL PROVISIONS
6. This by-law applies to properties and those residents, corporations, or persons who are within the
area known as the Township.
7. Nothing in this by-law prevents enjoyment of one's environment or property in alignment with
Council's policy to protect the public health and safety and preserve the tranquility in the Township of
Dubreuilville.
8. Council may delegate to
a Township staff member or Municipal By-law Enforcement Officer, by
resolution, the ability to authorize an exemption under this By-law.
GENERAL PROHIBITIONS
9. No person or owner shall emit, cause, or permit the emission of noise, which is clearly audible to a
person at a point of reception, resulting from an act listed in Schedule "A" attached hereto this By-
law.
PROHIBITIONS BY TIME AND PLACE
10. No person or owner shall emit, cause, or permit the emission of excessive noise, which disrupts
the normal living or working environment of a person at a point of reception, resulting from an act or
emanating from a device listed in Schedule "B" attached hereto this By-law.
EXEMPTIONS
11. The provisions of Sections 9 and 10 shall not apply to the person, corporation, equipment, or
event that causes or permits the emission of noise in connection with any of the activities or
approved exemptions listed in Schedule "C" attached hereto this By-law.
12. No person, corporation or equipment shall cause or permit the emission of noise under Section 9
or Section 10 without an exemption granted under Section 9 ofthis By-law.
EXEMPTION GRANTED BY COUNCIL
13. Any person or corporation may make an application to the Township to be granted an exemption
from any provisions ofthis by-law with respect to any source ofnoise which may be prohibited.
14. The application referred to in Section 13 shall contain:
a) Payment of application fee, as found in Fees & Charges By-law, which may be amended
from time to time;
b) The form, as attached in Schedule "E" of this By-law, titled "Noise Exemption
Application", and completed in full.
15. No person or applicant shall provide false or misleading information or statements on a Noise
Exemption application form.
16. If an application referred to in Sections 13 and 14 is not complete at the time ofthe review, the
exemption will be considered denied and the Township will set out in writing to notify the applicant.
17. Approval of noise exemption can be granted by either delegated authority to staff or council
resolution.
18. The noise exemption may be approved by staff (under the delegated authority ofcouncil), ifALL
ofthe following criteria are met:
a) No concerns received during comment period;
b) No previous noise by-law violations;
c) No previous history of complaints regarding noise;
d) Exemptions being requested are defined in the by-law; and
e) Complete application and fees paid.
19. If criteria listed in Section 18 (a), (b), (c) or (d) are not met, the noise exemption application shall
be brought before Council at the next available Council meeting.
20. When the noise exemption application requires a Council meeting, staff shall notify the applicant
of the details of when the noise exemption is brought before Council. The applicant and any other
person wishing to speak to the matter shall be given the opportunity to delegate the matter before
council.
21. At the time of council when the noise exemption application is being heard, the onus is on the
Applicant to show cause why the noise exemption should be approved.
22. Where the Applicant has been provided with notification of the Regular Council meeting and
does not attend, Council may proceed to deal with the matter in the absence of the Applicant.
23. Council shall hear the information contained in the report to council pertaining to the noise
exemption application and may also hear evidence and ask questions of the Municipal By-law
Enforcement Officer, Applicant, or any other person permitted to be heard on behalf of the noise
exemption application.
24. Council may, by resolution, in its discretion:
a)
grant the exemption or any exemption of lesser effect, for a period not more than six
(6) months during which it is effective and may contain such terms and conditions as the
Township sees fit; or
b) Deny the exemption or any exemption of lesser effect.
25. The decision by Council as outlined in Section 24, shall, by resolution:
a) Contain the dates and time the noise exemption shall be valid;
b) be set in writing and mailed, or personally served to the Applicant; and
c) Be null and void once the exemption dates and times have expired.
BREACH OF NOISE EXEMPTION
26. No applicant shall cause or permit the breach of a noise exemption granted by the Township.
27. 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 exemption null and
void.
POWER OF ENTRY
28. A Municipal By-law Enforcement Officer, persons appointed by the Council or their
representative may enter onto a property at any reasonable time, for the purpose of carrying out an
inspection to determine whether or not the following are being complied with:
a)
the provisions of this By-law;
b)
an order issued under this By-law.
29. The Township's power of entry may be exercised by a Municipal By-law Enforcement Officer
or any other person appointed to enforce by-laws for the Township.
INSPECTIONS
30. Where an inspection is conducted by the Township under Section 28 and 29, the Person
conducting the inspection may:
a)
require the production for inspection of documents or things relevant to the inspection;
b)
inspect and remove documents or things relevant to the inspection for the purpose of
making copies or extracts;
¢)
require information from any Person concerning a matter related to the inspection
including their name, address, phone number and identification; and
d)
alone or in conjunction with a person possessing special or expert knowledge, make
examinations or take tests, samples or photographs necessary for the purposes of the
inspection.
31. The Township may undertake an inspection pursuant to an order issued under section 438 ofthe
Municipal Act, 2001.
OBSTRUCTION
32. No person shall hinder or obstruct
a Municipal By-law Enforcement Officer, or person appointed
by the Council, who is lawfully carrying out enforcement of performing a duty under this by-law.
33. No person shall fail to identify themselves to the Municipal By-law Enforcement Officer, or
person appointed by the Council, if they have been alleged to have contravened any of the provisions
of this by-law.
PENALTIES
34. Any person who contravenes a designated provision of this By-law is guilty of an offence, and,
when given a Penalty Notice, in accordance with the Administrative Monetary Penalty System
(herein after, "AMPS By-law"), be liable to pay to the Township an administrative penalty as set out
in the schedules attached to the AMPS By-law (as amended from time to time).
35. Any person who contravenes any of the provisions of this By-law, except a designated provision,
is guilty of an offence and upon conviction is liable to a penalty as provided for in the Provincial
Offences Act, R.S.O. 1990, c.p. 33 (as amended from time to time) or any successor thereof.
SCHEDULES
36. Provisions of this By-law that allow for financial penalties shall be updated and attached to the
Schedules of the Administrative Penalties found in the AMPS By-law (as amended from time to
time).
37. Schedule "A", "B", "C", "D", and "E" are attached and form part of this by-law.
SEVERABILITY
38. If a court of competent jurisdiction should declare any section or part of a section of this by-law
to be invalid, such section or part of a section shall not be construed as having persuaded or
influenced council to pass the remainder ofthe by-law and it is hereby declared that the remainder of
the by-law shall be valid and shall remain in force.
39. That By-Law 89-48 and is hereby repealed in its entirety.
40. That this By-Law shall come into force and take effect on the 10th day of May 2023.
READ a
first.
and second time on the 26" day of April 2023.
READ'a
third time and beefnaly passed this 10'" day ofMay 2023.
CAO-CLERK
t
SCHEDULE "A"
General Noise Prohibitions
No person, Corporation, officer of the Corporation, device or equipment in their control shall
emit, cause, or permit the emission of noise from this list below, which is clearly audible at
Point ofReception:
l. Amplification of sound - 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;
. Discharge of fireworks or explosives for amusement and not related to construction -
setting off fireworks during
a FIRE BAN or on a date & time not prescribed within this
By-law;
. Barking, whining, or similar sound made by a dog - Continuous or persistent noise that
causes a nuisance, where the person having control of the animal is in contravention ofthis
by-law;
. Operation of equipment or device without original muffling devices in place -
Construction Equipment, combustion engine or pneumatic devices without an original
equipment manufacturer specification exhaust or intake muffling device in good working
order and in constant operation;
. Non-commercial / domestic work activity - Residential domestic activities that produce
sound of such nature that is unwanted, ongoing, persistent, unusual, repetitive, a public
nuisance that disturbs a Person;
. Engine idling for longer than five (5) minutes - Engine or motor operation in, or on, any
motor vehicle, equipment or auxiliary equipment for a continuous period exceeding five
(5) minutes while the engine is stationary, unless:
1.
There is a power outage at the location where a generator is required to
operate to keep electrical service running to the property for personal
safety or ongoing construction; or
li.
Equipment manufacturer specifically recommendsa longer idling period
for normal operation of the engine, in which case the idling period shall not
be exceeded; or
iii.
Operation of such engine or motor is essential to a basic function of the
vehicle or equipment, including but not limited to the operation of ready-
mix concrete trucks, lift platforms, and refuse compactors; or
iv.
Weather conditions justify the use of heating or refrigeration systems
powered by the motor or engine for the safety and welfare of the operator,
passengers, animals, or the preservation of perishable cargo; or
V.
Prevailing low temperatures make longer idling periods necessary,
immediately after starting the motor or engine; or
vi.
The idling is for the purpose of cleaning and flushing the radiator and
associated circulation system for seasonal maintenance or repairs when
work is performed other than for profit;
7. Revving of an engine - Motor Vehicle or Motorized Conveyance engines except as
required for by a licensed mechanic inside a place of business designated as an automotive
repair business.
SCHEDULE "B"
Prohibitions by Time and Place
No person, Corporation, officer of the Corporation, device or equipment in their
control shall emit, cause, or permit the emission of noise resulting from an act listed
below, which is clearly audible at a Point of Reception within the prohibited time
shown below:
#
Activity
Prohibited Period of Time:
Loud inter-personal
11 p.m. of one day to 7 a.m. ofthe next day
communication
Amplification of sound -
operation of any electronic
device or group of devices
with loudspeakers or
electromechanical
transducers
11 p.m. of one day to 7 a.m. ofthe next day
Construction activity or
operation of any
3 |
equipment or device in
connection with
construction
Monday to Saturday: 9 p.m. ofone day to 7 a.m.
of the next day. Sunday & STAT holidays: 7 a.m.
to Noon &
6 p.m. of one day to 7 a.m. ofthe next day
The operation of any
powered or non-powered | Monday to Saturday: 9 p.m. ofone day to 7 a.m.
tool, including a chainsaw, | of the next day. Sunday & STAT holidays: 7 a.m.
4
:
a generator or equipment
to Noon &
for domestic purposes
6 p.m. ofone day to 7 a.m. ofthe next day
other than snow removal
Fee
Shipping, oF
Monday to Saturday: 9 p.m. of one day to 7 a.m.
5
8
y
ofthe next day. Sunday & STAT holidays: ALL
or waste, unless necessary
.
DAY
for essential services
The operation ofa toy,
6
model or replica for
Monday to Saturday: 9 p.m. of one day to 7 a.m.
amusement, and is not a
ofthe next day
Motor Vehicle
ee
Monday to Saturday: 9 p.m. of one day to 7 a.m.
gnaiing
.
of the next day. Sunday & STAT holidays: 7 a.m.
7
required by law or in
to Noon &
accordance with good
.
6 p.m. of one day to 7 a.m. ofthe next day
safetypractices
DURINGA FIRE BAN, and YEAR ROUND,
but are ALLOWED on the day ofJuly
1 and ALL
8 |
Discharge ofFireworks
other statutory holiday weekends;
provided no fire ban is in place:
from DUSK until 12 a.m.
SCHEDULE "C"
Exemptions
The emission ofnoise in connection with the following activities are considered
exempt from the provisions ofthis By-law:
1. SNOW REMOVAL- domestic, commercial, municipal and district snow removal
operations.
2. GENERATORS- whena generator is operated during a power outage where the
generator provides power for essential services or construction.
3. PUBLIC SAFETY- Notwithstanding any other provision ofthis by-law, it shall be
lawful to emit or cause or permit the emission of sound or vibration in connection
with emergency measures undertaken:
I. For the immediate health, safety, or welfare ofthe inhabitants or any of
them; or
II. For the preservation or restoration ofproperty;
unless the sound or vibration is clearly ofa longer duration, or nature more disturbing
than is reasonably necessary for the accomplishment of such emergency purpose.
4. SERVICE VEHICLES- this by-law shall be deemed not to apply to the following:
I. Construction or demolition being conducted under a permit issued by the
Township ofDubreuilville; and
II. Industrial or commercial operations in accordance with an approved site
plan.
5. TRADITIONAL, FESTIVE OR RELIGIOUS ACTIVITIES - Notwithstanding
any other provision ofthis by-law, this by-law does not apply to a person or owner
who emits or causes or permits the emission of sound or vibration in connection
with any ofthe traditional, festive, religious, and other activities listed below:
I. The amplification of the human voice or ofmusic in a public park in
connection with any public election meeting, public celebration, or other
lawful gathering, provided that written permission of Council to hold such
event has been first obtained under any applicable by-law of the Township of
Dubreuilville.
II. Any band or parade, which has first obtained written permission of Council
under any applicable by-law ofthe Corporation ofthe Township of
Dubreuilville.
III. The use of church bells or chimes normally associated with church
activities.
IV. All activities associated with an event authorized by council.
6. GRANT OF EXEMPTION BY COUNCIL- Notwithstanding anything contained
in this by- law, any person may make the application, according to provisions ofthis
By-law, to council, to be granted an exemption from prohibitions, with respect to
any source of sound or vibration that could be in contravention ofthis By-law.
SCHEDULE "D"
SET FINES
Column 1
Column 2
Column 3
Item
Short Form Wording
Provision reating
|
cet fine
or deining offence
.
Section 9
1
| Emit/cause/permit noise from amplified sound
Schedule "A", item 1
$50
.
Section 9
2
| Emit/cause/permit noise from fireworks
Schedule "A", item 2
$50
.
.
Section 9
3 | Permit dog to create noise
Schedule "A", item 3
$50
.
.
Section 9
4
| Permit noise from equipment without muffling device
Schedule "A", item 4
$50
Section 9
5 | Cause or Permit noise from domestic work activity
Schedule "A", item 5
$50
6
Permit noise from engine idling longer than five (5)
Section 9
$50
minutes
Schedule "A", item 6
7
Cause or Permit noise from revving an engine when
Section 9
$50
prohibited
Schedule "A", item 7
.
Section 10
8
Loud inter-personal communication when prohibited
Schedule "B", item 1
$50
.
Section 10
9 | Cause or permit amplified sound when prohibited
Schedule "B", item 2
$50
10
Cause or permit noise from construction equipment or
Section 10
$50
activity when prohibited
Schedule "B", item 3
1
Cause or permit noise from tool or equipment when
Section 10
$50
prohibited
Schedule "B", item 4
2
Emit, cause or permit noise from handling material
Section 10
$50
for non-essential purposes when prohibited
Schedule "B", item 5
3
Cause or permit noise from a toy, model or replica
Section 10
$50
when prohibited
Schedule "B", item 6
14
Emit, cause or permit noise from auditory signaling
Section 10
$50
devices when prohibited
Schedule "B", item 7
15
Cause or permit noise from the discharge of fireworks
Section 10
$100
during a fire ban
Schedule "B", item 8
16
Cause or permit noise from the discharge of fireworks
Section 10
$100
when prohibited
Schedule "B", item 8
17 | Cause or permit noise without an approved exemption
Section 12
$100
18
providing
false/misleading information on application
Section 15
$100
19
Cause or permit the breach of approved noise
Section 26
$100
exemption
20
Hinder or obstruct an Officer/appointed person
Section 32
$300
lawfully carrying out duties
21
Failure to identify themselves to an Officer/appointed
Section 33
$200
person while in contravention ofthis By-law
Schedule "D", SET FINES, is considered part of this By-law. Set fines take effect on the
date of ORDER attached to this By-law.
Hh
OBA
PF Dubreuilville
COUNCIL RESOLUTION
Prenez le temps de viore AP Esperenc
the Freedom
Moved By:
Mle
DATE: May 10, 2023
Seconded By:
Ltt Ce
Resolution No.
AZ ~/50
Whereas that By-Law No. 2013-29, being a By-law to regulate noise within the municipality in
the Township of Dubreuilville, be read a third time and be finally passed as presented, wrth
a Ger ALofrt Changes ar diicaaed.
fo
Carried
Defeated
Deferred
RECORDED VOTE:
YES
NO
Councillor Héléne Perth
Councillor Luc Lévesque
Councillor Julila Hemphill
Councillor Krystel Lévesque
Mayor Beverly Nantel
Declaration of Pecuniary Interest and General Nature Thereof: