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The Municipality of Dutton/Dunwich
By-law No. 2011-10
A BY-LAW TO PROHIBIT AND REGULATE NOISE AND VIBRATION
WHEREAS Section 129 of the Municipal Act 2001 states that a Municipality may Prohibit and Regulate
matters with respect to noise and vibration;
AND WHEREAS the Council wishes to list the By-law as an Offence under Part 1 of the Provincial
Offences Act;
NOW THEREFORE the Municipal Council of the Corporation of the Municipality of Dutton/Dunwich
enacts the following:
Section 1
Definitions
"Construction" includes erection, alteration, repair, dismantling, demolition, structural maintenance,
painting, moving, land clearing, earth moving, grading, excavating, the laying of pipe and conduit
whether 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, loaders, scrapers, pavers,
generators 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 of a person.
.
"Council" means the Council of the Corporation of the Municipality ofDutton/Dunwich
"Dwelling Unit" means a dwelling unit within the meaning of the Zoning By-law.
"Engine Brake" means a device commonly used in a truck, power unit, semi-trailer unit to slow or brake
the vehicle by means of closing exhaust valves on the engine of the vehicle, or any similar device.
"Highway" includes a common and public highway, street, avenue, parkway, driveway, square, place,
bridge, via duct or trestle designed and intended for, or used by, the general public for the passage of
vehicles.
"Industrial District" means an industrial district as established by The Zoning By-law.
"Minister" means the Minister of the Environment and Energy (MOEE)
"Ministry" means the Ministry of the Environment and Energy (MOEE)
"Motor vehicle" includes an automobile, motorcycle, and any other vehicle propelled or driven
otherwise than by muscular power; or a motorized snow vehicle, ATV, traction engine, farm tractor, self-
propelled implement of husbandry or road building machine within the meaning of the Highway Traffic
Act.
"Motorized conveyance" means a conveyance propelled or driven otherwise than by a muscular,
gravitational or wind power.
"Municipality" means the land within the geographic limit of the Corporation of the Municipality of
Dutton/Dunwich.
"Noise" means unwanted sound at any time as regulated in the provisions of the By-law and includes but
not limited to any unreasonably loud or excessive noise, noise which unreasonably disturbs, injures, or
endangers the co-repose health, peace or safety of reasonable persons of ordinary standing within the
jurisdictional limited of the Municipality of Dutton/Dunwich and /or noise which is so harsh, prolonged,
unnatural, or unusual in time place as to occasion unreasonable discomfort to any persons with neighbour
hood from which said noises emanate, or as their guests operators or customers of places of business, or
as to detrimental adversely affect such residences or place of business.
"Outdoor Public Event" means an outdoor concert, sporting event, festival attraction or similar event,
whether held on private or public property which the public-at-large is invited or admitted.
"Permitted Premises" means permitted premises within the meaning Alcohol and Gaming Regulations
Act, 1997.
"Person" includes any company, corporation, owner, partnership, firm, association, society or party.
"Point of Reception" means any point on the premises of a person where sound or vibration originating
from other than those premises is received.
"Police" means any member of the Ontario Provincial Police
"Municipal Enforcement Officer" means any person appointed by the municipality to act as a
Municipal Enforcement Officer / Provincial Offenses Officer and or By-law Officer.
SECTION2
General Prohibitions
Emissions - clearly audible - set out
No person shall emit or cause or permit the emission of sounds resulting from an act in so far as they are
calculated to disturb the inhabitants of the Municipality of Dutton/Dunwich at any time or specifically
described as factors for determining whether a sound is unreasonably loud or excessive include, but are
not limited to the proximity of the sound to sleeping facilities, whether residential commercial, the land
use, nature and zoning of the area from which the sound enters and the area where it is received or
perceived, the time of day or night the sound occurs, the duration of the sound, the volume of the sound,
the nature of the sound, whether the sound is recurrent, intermittent or constant, and the nature of the
event or activity from which the sound emanates;
2.1
Racing - motorized conveyance - exception
No person shall emit or cause or permit the emission of sound as a result of Racing of any Motorized
Conveyance other than in a racing event regulated by law.
2.2
Tires - squealing
No person shall emit or cause or permit the emission of sound as a result of the operation of a motor
vehicle in such a way that the tires squeal.
2.3
Engine - pneumatic device - exhaust - ineffective
No person shall emit or cause or permit the emission of sound as a result of the operation of any
combustion engine or pneumatic device without an effective exhaust or intake muffling device in good
working order and that is in constant operation.
2.4
Horn - use - other then warning
No person shall emit or cause or permit the emission of sound as a result of the operation of a motor
vehicle horn or other warning device except where required or authorized by law or in accordance with
good safety practices.
2.5
Construction equipment - operation
No person shall emit or cause or permit the emission of sound as a result of the operation any item of
construction equipment in an area without effective muffling devices in good working order and that is in
constant operation.
pg.2
,.
Section 3
PROHIBITIONS - BY TIME - PLACE
No person shall within the limits of the Municipality of Dutton/Dunwich make or permit to be made
the following noises and vibrations in so far as they are calculated to disturb the inhabitants of
those communities at any time.
3.1
Engine - combustion - toy - for amusement
No person shall emit or cause or permit the emission of sound that is clearly audible at a point of
reception from 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 any device which model or replica has no function other than amusement and
which is not a conveyance.
3.2
Loudspeakers - amplification sound equipment
No person shall emit or cause or permit the emission of sound that is clearly audible at a point of
reception from 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, reproduction or amplification of sound unless a Special Events Permit has been approved by
permit issued by the Municipality ofDutton/Dunwich.
3.3
Signaling device - use other than for safety
No person shall emit or cause or permit the emission of sound that is clearly audible at a point of
reception from the operation of any auditory signaling device, including but not limited to the ringing of
bells or gongs and the blowing of horns, the use of drums, or sirens or whistles, or the production,
reproduction or amplification of any similar sounds by electronic means except where required or
authorized by law or in accordance with good safety practices.
3.4
Barking - calling - other - animal - pet
No person shall emit or cause or permit the emission of sound that is clearly audible at a point of
reception from the persistent barking, calling or whining or other similar persistent noise making by any
domestic pet or any other animal kept or used for any purpose other than agriculture.
3.5
Selling- advertising - by shouting
No person shall emit or cause or permit the emission of sound that is clearly audible at a point of
reception from selling or advertising by shouting or outcry or amplified sound.
3.6
Construction equipment - use
No person shall emit or cause or permit the emission of sound that is clearly audible at a point of
reception from the operation of any equipment in connection with construction between 9:00pm to
7:00am, unless in the commission of work connected with an emergency.
3.7
Tools - domestic use - exception- snow removal
No person shall emit or cause or permit the emission of sound that is clearly audible at a point of
reception from the operation or use of any tool for domestic purpose other than snow removal between
9:00pm to 7:00am.
3.8
Refuse - compacting equipment - other
No person shall emit or cause or permit the emission of sound that is clearly audible at a point of
reception from the operation of solid waste bulk lift or refuse compacting equipment between 9:00pm to
7:00am.
3.9
Vehicles
No person shall emit or cause or permit the emission of sound that is clearly audible at a point of
reception caused by any licensed or unlicensed motorized vehicle, including trucks, motor cars, snow
pg. 3
mobiles, motor bikes, and A TV's, in starting up or driving said motorized vehicle, truck, motor car, snow
mobile, motor bike, and A TV's.
3.10
Yelling and shouting
No person shall emit or cause or permit the emission of sound that is clearly audible at point ofreception
caused by excessive yelling and or shouting.
Exceptions
4.1
SECTION 4
Exceptions are to be made during emergencies such as power outages and or a declaration of an
emergency by officials.
4.2
Council for the Municipality may grant special permits for exemptions for special events approved within
the municipality as listed:
i)
Wallacetown Agricultural Society Annual Fair;
ii)
Any parade duly authorized by Council;
iii)
Any fireworks display duly authorized by Council;
iv)
Any fireworks display safely detonated on private property on festive holidays such as
Victoria Day (May), Canada Day (Juy) and New Years Eve.
v)
Annual Street Dance
4.3
Any farm machinery used in normal farm operations.
Penalty Section
5.1
SECTION 5
Every Person who contravenes any provision of this By-law is guilty of an offence and on conviction may
be subject to a fine as provided for in the Provincial Offences Act.
Enforcement
6.1
·
See Set Fine "Schedule A" attached
SECTION 6
For the purposes of this By-law, this By-law is enforced by the Ontario Provincial Police, By-law officer,
Provincial Offenses Officer, or any person appointed by the Municipality to enforce said By-law.
pg. 4
SECTION7
Investigation
7.1
For the purpose of this By-law an appointed person such as the Ontario Provincial Police,
Municipal Enforcement Officer, Provincial Offences Officer may enter onto private property at any time
to determine the source of a Sound or Noise.
SECTION 8
Repeal
8.1
That any By-laws or provisions of By-laws found to be inconsistent with the provisions found in
this By-law shall be and are hereby repealed.
By-law read a first and second time the 23rd day of February, 2011.
Mayor
Clerk
By-law read a Third Time and finally passed this 27th day of April, 2011
Mayor
Clerk
pg.5
Item
1
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3
4
5
6
7
8
9
10
11
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14
15
Municipality of Dutton-Dunwich
SCHEDULE "A" to
BY-LAW No. 2011-10
TITLE: Noise By-law
PART 1- Provincial Offences Act
Short Form Wording
Provision Creating or
Defining Offence
Emit Sound from Racing - motorized conveyance
Sec. 2.1
Emit Sound from Squealing Tires
Sec. 2.2
Emit Sound from Ineffective Exhaust
Sec. 2.3
Emit Sound from Use of Horn other than warning
Sec. 2.4
Emit Sound from Ineffective Muffling device -
Sec. 2.5
construction equipment
Emit Sound from Engine Combustion on toy device
Sec. 3.1
not used for conveyance
Emit Sound from Loudspeakers - amplifiers
Sec. 3.2
Emit Sound from Signaling Device other than when
Sec. 3.3
required
Emit Sound from Barking, Calling or Whining of
Sec. 3.4
domestic pet
Emit Sound from selling/advertising by shouting
Sec. 3.5
Emit Sound from Use of Construction equipment
Sec. 3.6
after hours
Emit Sound from Use of Domestic equipment after
Sec. 3.7
hours
Emit Sound from Use of waste or refuse equipment
Sec. 3.8
after hours
Emit Sound from Noise from licensed or unlicensed
Sec. 3.9
motorized vehicles
Emit Sound f rom excessive yelling and shouting
Sec. 3.10
Set Fine
$250.00
$350.00
$250.00
$250.00
$250.00
$250.00
$500.00
$250.00
$250.00
$350.00
$250.00
$250.00
$250.00 .
$250.00
$250.00
NOTE: The penalty section for offences cited above is Section S.lof By-law No. 2011-10, a
certified copy of which has been filed.
pg. 6