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THE CORPORATION OF THE TOWN OF EAST GWILLIMBURY
BY-LAW NUMBER 2022-018
BEING A BY-LAW TO REGULATE NOISE IN THE TOWN OF EAST GWILLIMBURY
WHEREAS Section 128 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended
authorizes a local municipality to prohibit and regulate matters that, in the opinion of
Council, are or could become public nuisances;
AND WHEREAS Section 129 of the Municipal Act, 2001 authorizes municipalities to pass
by-laws to prohibit and regulate noise;
AND WHEREAS Section 391 of the Municipal Act, 2001 authorizes Council to pass by-
laws imposing fees and charges on any class of persons for services or activities provided
or done by or on behalf of it;
AND WHEREAS Subsection 398(1) of the Municipal Act, 2001 states that fees and
charges imposed by a municipality on a person constitute a debt of the person to the
municipality;
AND WHEREAS Section 429 of the Municipal Act, 2001 provides that a municipality may
establish a system of fines for an offence under a by-law passed under the Act;
AND WHEREAS Subsection 434.1 of the Municipal Act, 2001 provides that a municipality
may require a person to pay an administrative penalty if the municipality is satisfied that
a person has failed to comply with a by-law of the municipality passed under the Municipal
Act;
AND WHEREAS Subsection 434.2(1) of the Municipal Act, 2001 provides that an
administrative penalty imposed by a municipality on a person constitutes a debt of the
person to the municipality;
AND WHEREAS this by-law does not regulate traffic noise;
AND WHEREAS this by-law seeks to achieve an appropriate balance between the quality
of life expectations of the residents of the Town of East Gwillimbury and the business
operations that support a sustainable local economy;
AND WHEREAS the residents of the Town of East Gwillimbury expect, and have a right
to an environment free from excessive sound levels relative to the sound level standards
set by this by-law which may degrade to quality and tranquility of their life, disturb or likely
to disturb the residents of the Town of East Gwillimbury;
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NOW THEREFORE the Council of the Corporation of the Town of East Gwillimbury
enacts as follows:
1.0
DEFINITIONS
1.1
In this by-law:
"Administrative Penalty" means a monetary penalty as set out in the Town's
Administrative Monetary Penalty System By-law for a contravention of a designated by-
law;
"Aggregate Sites" means a place where sand, gravel, clay, earth, solid bedrock, such
as limestone and granite is removed from a pit and/or quarry.
"Agricultural processing" includes sawing, cleaning, treating, grading and packaging
to the extent that these activities relate to products primarily from and are conducted as
a part of an agricultural operation;
"Amplified Sound" means Sound made by any electronic device or a group of
connected electronic devices incorporating one or more loudspeakers or other
electromechanical transducers, and intended for the production, reproduction or
amplification of Sounds;
"Appeal Committee" means a Committee that is appointed from time to time by
Council.
"Applicant" means any Person who applies in writing to Council for a Permit for an
exemption from the provisions and requirements of this by-law;
"Authorized Emergency Vehicle" means any ambulance or hearse, any vehicle of the
fire department, or of the local, provincial or federal police, Canada Post, armoured cars
carrying cash, and public utility company while actively engaged in the Construction,
maintenance or repair of any Highway, or any equipment or facilities thereon, or a snow
plough or other maintenance vehicle operated by or for the Ministry of Transportation, the
Town or the Region of York;
"Commercial Area" means an area of the Municipality designed for commercial use in
the Town's Zoning By-law;
"Community Event" means a traditional, festive or cultural event which is open to the
public, planned and sponsored by the Sharon Temple;
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"Construction" means erection, alteration, repairing, dismantling, demolition, structural
maintenance, painting, moving, land clearing, earth moving, grading, excavating,
trenching, digging, boring, drilling, blasting or concreting, the laying of pipe and conduit
whether above or below ground level, street and Highway, building, 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 drives, pneumatic or by hydraulic tools, bulldozers, tractors, excavators, trenchers,
cranes, derricks, loaders, scrapers, generators, pavers, off Highway haulers or trucks,
ditchers, compactors and rollers, pumps, concrete mixers, graders, or other material
handling equipment;
"Council" means the Council of the Corporation of the Town of East Gwillimbury;
"dB(A)" means the Sound level in decibels obtained when using a Sound level meter
with the A-weighting;
"Domestic Animal" means an animal that is housed and fed by a Person and which
actually lives in physical proximity to humans, including but not limited to pets such as
dogs, cats and birds, guard animals, food species such as chickens, etc.;
"Effective Muffler" means a muffler in good working order and in constant operation to
prevent excessive or unusual Noise and excessive smoke, but it does not include a cut-
out muffler, straight exhaust, gutted muffler, Hollywood muffler, by-pass or similar device;
"Emergency Situation" means a sudden, generally unexpected occurrence or set of
circumstances demanding immediate attention and may include but not limited to, heat
and electricity;
"Equivalent Sound Level", sometimes denoted as Leq, means the value of the constant
Sound level which would result in exposure to the same total A-weighted energy as would
the specified time-varying Sound, if the constant Sound level persisted over an equal time
interval and is measured in dB(A);
"Event" an event open to the public, including a public fair, public exhibition, public
celebration, sports event, parade, public concert, festival, carnival, donation station, street
dance, residential block party, sidewalk sale, a school board event; or an event not open
to the public or an event held at a private residence;
"Farmer" means a Person who is engaged in agrarian business by using land which
includes the production or raising of crops, poultry, or livestock;
"Heavy Equipment" means heavy duty vehicles, specially designed for executing
Construction tasks associated with works development, including but not limited to
earthwork operations or other large Construction tasks;
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"Highway" means 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 vehicles;
"Holiday" means:
i.
New Year's Day
ii.
Family Day
iii.
Good Friday
iv.
Easter Sunday
v.
Victoria Day
vi.
Canada Day
vii.
Labour Day
viii.
Thanksgiving Day
ix.
Christmas Day
any other public holiday set out in the Retail Business Holidays Act, R.S.O.
1990, c. R30, as amended;
"Industrial Area" means an area of the Municipality designated for industrial use in the
Town's Zoning By-law;
"Inhabitants" means one or more Persons who reside in the Town;
"Leq" means the energy equivalent Sound level or the continuous Sound level that
would result in the same total Sound energy being produced over a given period;
"Manager" means the Manager, By-law Enforcement Services or his/her designate;
"Motor Vehicle" means an automobile, a motorcycle, a motor-assisted bicycle unless
otherwise indicated in the Act, and any other vehicle propelled or driven otherwise than
by muscular power, but does not include a street car, or other Motor Vehicle running only
upon rails, a motorized snow vehicle, a traction engine, a farm tractor, a self-propelled
implement of husbandry or a road building machine within the meaning of the Highway
Traffic Act, and yard maintenance equipment;
"Municipality" means the land within the geographic limit of The Corporation of the Town
of East Gwillimbury;
"Noise" means any Sound or vibration that is of such a volume or nature that it is likely
to disturb any Person in the Town;
"Noise Level in dB(A) Units" means the reading of any precision Sound level meter
which meets the International Electrotechnical Commission Publication 651, or NPC
Standards or the American National Standards Institute S1.4-1983 or any successor
thereto;
"NPC Publication" means a specified publication of the Noise Pollution Control Section
of the Pollution Control Branch of the Ministry named in Schedule "B" of this by-law;
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"Officer" means a Person appointed by Council as a Municipal Law Enforcement Officer,
a Police Officer, or other individual duly appointed to enforce this by-law;
"Operate" means actively engaged in loading, unloading or moving of material at an
Aggregate Site;
"Order" means an order issued by the Town requiring a Person to remedy a
contravention of this by-law;
"Owner" means the registered Owner of a property, Owner in trust, or a mortgagee in
possession, a Person who is managing or receiving the rent of the property, a Person
who has control over the property, or an occupant over the age of 18;
"Permit" means any Permit issued by Council for an exemption from the terms and
conditions of this by-law, and includes any conditions imposed by Council on the
holding of such a Permit;
"Persistent" means occurring intermittently for a total of fifteen (15) minutes over a sixty
(60) minute period;
"Person" includes an individual, a corporation, organization, association, a partnership
or other legal entity;
"Point of Reception" means any point on the Premises of a Person where Sound or
vibration originating from other than those Premises are received;
"Premises" means land and includes the buildings and/or structures thereon;
"Property Maintenance Equipment" shall include but is not limited to lawn mowers, leaf
blowers or vacuums, lawn trimmers, chain saws, garden tractors, power sprayers and
washers and other equipment powered by gasoline internal combustion engines normally
used for or associated to household, lawn and garden maintenance;
"Residential Area" means an area of the Municipality designated for residential use in
the Town's Zoning By-law, which includes land, buildings and structures intended for
human habitation;
"Source" means an activity, matter, thing, or tangible personal property or real property,
from which Sound or vibration is emitted;
"Sound" the sensation produced by stimulation of the organs of hearing by vibrations
transmitted through the air or other medium;
"Sound Amplifying System" means any system of loudspeakers, amplifiers,
microphones or reproducers or any combination of such equipment, including electronic
devices or electro-mechanical transducers, used in the reproduction or amplification of
music, speech or other Sounds;
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"Sound Reproduction Device" means a device intended primarily for the production
or reproduction of Sound, including, but not limited to, any musical instrument, radio
receiver, television receiver, tape recorder, phonograph or Sound Amplifying System;
"Town" means The Corporation of the Town of East Gwillimbury.
2.0
GENERAL PROHIBITIONS
2.1
No Person shall, at any time, emit, cause or permit the emission of Noise, which
Noise is clearly audible at Point of Reception which is likely to disturb the quiet,
peace, rest, enjoyment, comfort or convenience of the Inhabitants of the Town.
3.0
PROHIBITIONS BY TIME
3.1
No Person shall emit, cause or permit the emission of any Noise or unusual
Sound that disturbs or is likely to disturb any Inhabitant of the Town, which Noise
is clearly audible at Point of Reception as outlined in Schedule "A" attached.
4.0
BELLS, HORNS, SHOUTING
4.1
No Person shall ring any bell, Sound any horn, or shout in a manner likely to
disturb the Inhabitants of the Town provided that nothing herein contained shall
prevent:
(a)
the ringing of bells in connection with any church, chapel, meeting house
or religious service;
(b)
the ringing of fire bells or fire alarms or the making of any other Noise for
the purpose of giving notice of fire or any other danger or any unlawful act,
other than a car alarm, for a continuous period of time of twenty (20)
minutes or less; or
(c)
the sounding of a car alarm for a continuous period of time of five (5)
minutes or less.
5.0
SOUND REPRODUCTION OR AMPLIFICATION DEVICES
5.1
No Person shall operate or use or cause to be operated any Sound Reproduction
Device between 2300 hours of one day and 0700 hours of the next day so as to
disturb the peace and comfort of:
(a)
any Person in any dwelling house, apartment house, hotel or other type of
residence; or
(b)
any Owner or operator of a business in his or her place of business.
5.2
Despite subsection 5.1, no Person shall operate or use or cause to be operated
or used any Sound Reproduction Device so as to disturb the peace and comfort
of:
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(a)
any Person in any dwelling house, apartment house, hotel or other type of
residence before 0900 hours on any Saturday; or
(b)
any Person in any dwelling house, apartment house, hotel or other type of
residence before 1200 hours on any Sunday or a Holiday; or
(c)
any Owner or operator of a business in his or her place of business before
0900 hours on any Saturday; or
(d)
any Owner or operator of a business in his or her place of business before
1200 hours on any Sunday or a Holiday.
5.3
No Person shall operate or use or cause to be operated or use any Sound
Reproduction Device in any dwelling house, apartment house, hotel or other
residence between 0700 hours and 2300 hours of the same day, the Noise from
which the Sound Reproduction Device:
(a)
is clearly audible in another dwelling within the said residence; and
(b)
has an Equivalent Sound Level (Leq) greater than 45 dB(A) when
measured in another dwelling within the said residence.
5.4
No Person shall operate or use or cause to be operated or use any Sound
Reproduction Device on any Highway or other public place.
5.5
No Person shall operate or cause to be operated or use any Sound Reproduction
Device between 0700 hours and 2300 hours of the same day, the Noise from
which Sound Reproduction Device has an Equivalent Sound Level (Leq) greater
than 55 dB(A) when measured outside of the business, dwelling house,
apartment house, hotel or other residence, at or inside the property line of the
business Owner or Person whose peace and comfort has been disturbed.
5.6
Subsections 5.4 and 5.5 do not apply to prevent:
(a)
the use of Sound Reproduction Devices in the Town's park provided that
the user has a Permit from or the written permission of the Town to do so
and the user otherwise complies with the provisions of this by-law;
(b)
the amplification of Sound of the ringing of bells or the playing of chimes in
connection with, a church, chapel, meeting house or religious service or
the Civic Centre between 0900 hours and 2100 hours of the same day;
and
(c)
the use of musical instruments by street musicians on the Highway or
other public place, provided that it does not disturb the peace, enjoyment
and comfort or convenience of individuals or the public.
5.7
No Person shall operate or cause to be operated a vehicle radio, stereo,
amplifier, speaker or other similar device on or in a vehicle that is clearly audible
at least 8 m from the vehicle.
5.8
For the purposes of confirming a violation, an assessment of Noise complaints
may be undertaken at the Point of Reception.
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6.0
AIR CONDITIONERS, HEAT PUMPS, COMPRESSORS, CONDENSERS,
CHILLERS, COOLING TOWERS AND SIMILAR DEVICES
6.1
No Person shall use or operate or cause to be used or operated any air
conditioner, heat pump, compressor, condenser, chiller, cooling tower or similar
device, the Noise from which has a level greater than 50 dB(A) when measured
at the Point of Reception.
7.0
EXHAUST FAN, EXHAUST SYSTEM, INTAKE FAN, GENERATORS,
COMMERCIAL DRYER OR SIMILAR DEVICE
7.1
No Person shall use or operate or cause to be used or operated any exhaust fan,
exhaust system, intake fan, generators, a dryer in a commercial car wash or
similar device which includes combustion exhaust of a high efficiency furnace,
the Noise from which has a level great than 50 dB(A) when measured at the
Point of Reception.
7.2
Subsection 7.1 does not apply to a Person using or operating a portable
generator in a Residential Area in an Emergency Situation.
8.0
PUMP OR FILTRATION SYSTEMS
8.1
No Person shall use or operate or cause to be used or operated any pump,
filtration system or similar device for an outdoor swimming pool, hot tub, swim
spa, spa fountain or water feature, the Noise from which has a level greater than
50 dB(A) when measured at the Point of Reception.
9.0
POWER EQUIPMENT
9.1
No Person shall operate or cause to be operated any power equipment such as
chainsaws, power lawnmowers, leaf blowers, power tools or other similar
devices, between 2100 hours of one day and 0700 hours of the next day, the
Noise from which disturbs or tends to disturb the Inhabitants of the
neighbourhood, or Persons in the vicinity.
9.2
Despite subsection 9.1, no Person shall operate or cause to be operated any
power equipment before 0900 hours on any Sunday or a Holiday.
9.3
Subsections 9.1 and 9.2 do not apply to a Person operating power equipment
used for the purpose of maintaining a golf course.
10.0 HEAVY EQUIPMENT
10.1 No Person shall use or operate or cause to be used or operated high vacuum (H-
Vac) devices, street sweeping equipment or other similar devices between 1900
hours of one day and 0700 hours of the next day, the Noise from which disturbs
or tends to disturb the Inhabitants of the neighbourhood, or Persons in the
vicinity, unless authorized by the Town.
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10.2 Despite subsection 10.1, no Person shall operate Heavy Equipment associated
with Construction on Saturday, Sunday, or a Holiday.
11.0 REFUSE COLLECTION
11.1 No Person shall cause or permit the operation of refuse compacting equipment
or solid waste bulk lift equipment between 2300 hours of one day and 0700 hours
of the next day, so as to make or cause Noises that disturb, or tend to disturb,
the Inhabitants of the neighbourhood, or Persons in a Residential Area.
11.2 Despite subsection 11.1, no Person shall cause or permit the loading or
unloading of containerized waste before 0900 hours on any Sunday or a Holiday.
11.3 The provisions of subsections 11.1 and 11.2 shall not apply to, municipal waste
collection.
12.0 DELIVERIES
12.1 No Person shall cause or permit the delivery of any goods, wares, merchandise
or commodities from any vehicle to the Owner, lessee, tenant or occupier of any
Premises between 2300 hours of one day and 0700 hours of the next day and
which delivery disturbs or tends to disturb the quiet, peace, rest, enjoyment,
comfort or convenience of the neighbourhood in a Residential Area.
12.2 Despite subsection 12.1, no Person shall cause or permit the delivery of any
goods, wares, merchandise or commodities before 0900 hours on any Sunday or
a Holiday.
12.3 In line with the Municipal Act, subsection 12.1, does not apply to noise made in
connection with deliveries of goods to any of the following:
(a)
retail business establishments;
(b)
restaurant, including bars and cafes;
(c)
hotels and motels;
(d)
good distribution facilities.
13.0 LOADING AND UNLOADING
13.1 No Person shall cause or permit the loading or unloading of any transport truck,
commercial vehicle, moving van, or Motor Vehicle between 2300 hours of one
day and 0700 hours of the next day so as to make or cause Noises that disturb,
or tend to disturb the quiet, peace, rest, enjoyment, comfort or convenience of
the neighbourhood in a Residential Area.
13.2 Despite subsection 13.1, no Person shall cause or permit the loading or
unloading before 0900 hours on any Sunday or a Holiday.
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13.3 In line with the Municipal Act, subsection 13.1 does not apply to noise made in
connection with deliveries of goods to any of the following:
(a)
retail business establishments;
(b)
restaurants, including bars and cafes;
(c)
hotels and motels;
(d)
good distribution facilities.
14.0 GENERAL CONSTRUCTION
14.1 No Person shall, between 1900 hours of one day and 0700 hours of the next day,
operate or cause to be operated any Construction vehicle or Construction
Equipment in connection with the Construction of any building or structure,
Highway, motor car, steam boiler or other engine or machine.
14.2 Despite subsection 14.1, no Person shall operate or cause to be operated any
Construction vehicle or Construction Equipment before 0900 hours on any
Sunday or a Holiday.
15.0 AGGREGATE SITES - OPERATION TIMES NOT REGULATED BY MINISTRY
OF NATURAL RESOURCES AND FORESTRY
15.1 No Person shall between 1900 hours of one day and 0700 hours of the next day,
Operate or cause to be Operated an Aggregate Site where operations times are
not regulated by the Ministry of Natural Resources and Forestry.
15.2 Despite subsection 15.1, no Person shall Operate or cause to be Operated an
Aggregate Site not regulated by the Ministry of Natural Resources and Forestry
before 0700 hours or after 1300 hours on a Saturday.
15.3 Despite subsection 15.1 and 15.2, no Person shall Operate or cause to be
Operated an Aggregate Site on a Sunday or a Holiday.
16.0 MUFFLERS
16.1 No Person shall discharge into the open air, on any property other than a
Highway, the exhaust of any Motor Vehicle except through an Effective Muffler or
other device which effectively prevents loud or explosive Noises.
17.0 UNECESSARY MOTOR VEHICLE NOISE
17.1 No Person while on private property shall emit or cause or permit the emission of
Noise resulting from the unnecessary operation of a Motor Vehicle such as the
sounding of a horn, revving of an engine, squealing of tires, banging, clanging or
any similar sound that is clearly audible at a Point of Reception in a Residential
Area.
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17.2 No Person while on private property shall emit or cause or permit the emission of
Noise resulting from the operation of a vehicle with a trailer resulting in banging,
clanking, squealing or other like Noises that is clearly audible at a Point of
Reception in a Residential Area.
17.3 No Person shall emit or cause or permit the emission of Noise resulting from the
repair, rebuilding, modifying or testing of a vehicle if the Noise is clearly audible
at a Point of Reception in a Residential Area from 2100hrs until 700hrs.
18.0 IDLING MOTOR VEHICLES
18.1 No Person shall operate or permit the operation of an engine or motor in, or on,
any Motor Vehicle or item of attached auxiliary equipment for a continuous period
exceeding three (3) minutes while such vehicle is stationary, except:
(a)
the continuous operation of the engine or motor is essential to the basic
function of the vehicle or equipment; or
(b)
operation of such engine or motor is essential to a basic function of the
vehicle or equipment, including but not limited to, operation of ready mix
concrete trucks, lift platforms and refuse compactors; or
(c)
weather conditions justify the use of heating or refrigerating systems
powered by the motor or engine for the safety and welfare of the operator,
passengers or animals, or the preservation of perishable cargo, and the
vehicle is stationary for purposes of delivery or loading.
19.0 ANIMALS
19.1 No Person shall cause or permit Persistent noise, including barking, calling or
whining or other similar Persistent noise, to be made by any animal kept or used
for any purpose.
20.0 GENERAL EXEMPTIONS
20.1 Notwithstanding any other provisions of this by-law, this by-law does not apply to
a Person who emits, causes or permits the emission Noise or vibration in
connection with:
(a)
measures undertaken in an emergency for the immediate health, safety or
welfare of persons and animals;
(b)
measures undertaken in an emergency for the preservation or restoration
of property;
(c)
the operation of Authorized Emergency Vehicles;
(d)
the operation of bells utilized as traffic control devices including bells and
other devices at traffic signal locations and bells at railway crossing;
(e)
the ringing or sounding of church bells or chimes;
(f)
the activities of snow plowing and/or snow removal;
(g)
measures undertaken where the Town, its servants, employees,
contractors or agents are carrying out Town operations or operating,
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maintaining or installing Municipality-owned infrastructure, facilities or the
like;
(h)
non-emergency Construction, reconstruction or repair of any regional,
provincial or federal public works including the Construction,
reconstruction or repair of a public Highway provided the Town has
approved and been given advanced written notice of the hours to be
worked if outside the permitted Construction hours;
(i)
any Community Event sponsored by the Sharon Temple;
(j)
the activities of road or bicycle races, parades, entertainment activities in
public parks or neighbourhood social activities when such Events are
approved by the Town and such activity or Event is in compliance with the
conditions set by the Town in approving such activity or Event;
(k)
sports or recreational activities or Events in public or private parks,
playground, schoolyard, or recreational centre approved by the Town
between 0800 hrs. and 2300 hrs.;
(l)
the lawful detonation of fireworks or similar explosive devices, as per the
Town's Fireworks By-law, as amended, or any successor legislation
thereto;
(m)
normal farm practices, including Agricultural Processing or other farm
activity for food crop seeding, chemical spraying or harvesting, carried on
by a Farmer but not including the use of sound bangers and other similar
equipment or devices; and
(n)
Construction or an Event for which a Permit has been issued, but only if
the terms and conditions of the Permit are complied with.
20.2 Notwithstanding any other provision of this by-law, this by-law shall not apply
where a Sound is from a facility that has been designed, developed, built,
operated and maintained in accordance with the terms and conditions of a valid
Certificate of Approval, provisional Certificate of Approval or other approval
issued under the Environmental Protection Act, R.S.O. 1990, c. E.19, where such
approval addresses Sound as a Source of contamination or an order or permit
has been issued under the Environmental Protection Act that addresses the
Sound as a Source of contamination.
21.0 EXEMPTIONS BY APPLICATION
21.1 Notwithstanding any other provision of this by-law, any Person may make an
application to Council for an exemption to any provision of this by-law with
respect to any Noise to allow such Persons to emit, cause or permit such Noise
for the period of time set out in such Application for exemption. Council may:
(a)
grant the request exemption, with or without conditions;
(b)
refuse to grant the requested exemption; or
(c)
grant the requested exemption to a greater or lesser extent with or without
conditions.
21.2 Any exemption granted shall specify the period of time during which it is in effect
and may contain such terms and conditions as Council deems fit.
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21.3 The exemption application shall be filled out in the prescribed form as approved
by the Town and shall be accompanied by the non-refundable application fee in
the Fees and Charges By-law.
21.4 An application for an exemption from the provisions of this by-law shall be made
in writing and shall include the following:
(a)
the Applicant's name, address, and other prescribed contact information;
(b)
the description of the Source of Noise or vibration in respect of which
exemption is sought;
(c)
the date(s), time(s) and location(s) of the Event or other activity for which
the exemption is being sought;
(d)
the Applicant's reason for requesting the exemption;
(e)
the name, address and other prescribed contact information for the
Person(s) who will be supervising the Event or activity for which the
exemption is being sought;
(f)
a statement of steps, if any, planned or presently being taken to minimize
the Noise;
(g)
a non-refundable application fee, as set out in the Town's Fee and
Charges By-law; and
(h)
any other prescribed information on the application form.
21.5 Notwithstanding any other provision of this by-law, for an Event an exemption
application shall be completed in accordance with the provisions of this by-law
and submitted to the Manager at least sixty (60) days prior to the Event for which
the exemption is being sought.
21.6 Any breach of the terms or conditions of the exemption granted by Council, or
any error or omission in the information provided to the Town pursuant to
subsection 21.4 of this by-law shall immediately render the exemption null and
void.
21.7 The decision of Council to issue an exemption, to refuse to issue an exemption,
or to set terms and conditions for an exemption, is final and binding.
22.0
AMBIENT SOUND LEVEL MEASUREMENT
22.1
When a standard sound equivalent level (dBA) test cannot be used because
ambient noise exceeds the maximum noise limit established for the device,
vehicle, or equipment to be measured, a differential reading may be used to
isolate the level of noise contributed by the device, vehicle, or equipment in
question as follows:
(a)
a noise level reading shall be taken when the device, vehicle or equipment
is not in operation;
(b)
a noise level reading shall be taken when the device, vehicle or equipment
is in operation; and
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(c)
where the noise level reading calculated in paragraph (b) exceeds the
noise level reading calculated in paragraph (a) by 5 dB(A) or more, a
noise violation exists.
22.2
No Person shall use or operate or cause to be used or operated any device,
vehicle or equipment, the noise from which has a level greater than 5 dB(A)
above ambient noise levels, provided that the ambient noise levels are greater
than the specified maximum level for the device, vehicle or equipment in
question.
23.0 POWERS OF ENTRY
23.1 An Officer may enter on land at any reasonable time for the purpose of carrying
out an inspection to determine whether the following are being complied with:
(a)
this by-law;
(b)
a direction or order made under the Act or this by-law; or
(c)
a condition of a Noise exemption granted under this by-law.
24.0 ORDER TO DISCONTINUE ACTIVITY
24.1 An Officer may issue an Order requiring any Person to discontinue a
contravention of the by-law.
24.2 An Order under this section shall identify:
(a)
the location of the Property on which the contravention occurred;
(b)
the reasonable particulars of the contravention of the by-law; and
(c)
the date and time by which there must be compliance with the Order.
24.3 An Order under this section may be given orally or in writing and if in writing, may
be served personally on the Person to whom it is directed or sent by regular mail
to the last known address of that Person. If the Order is delivered by regular mail
to the last known address of that Person, it shall be deemed to have been
received on the fifth day after it is mailed. An affidavit of service shall be
admissible in evidence in any proceeding as proof of service of mailing of the
Order.
24.4 A Person in receipt of an Order shall comply with the requirements of the Order.
25.0 REMEDIAL ACTION
25.1 If a Person fails to comply with an Order, the Manager, or Persons acting upon
his or her instructions, may enter the lands at any reasonable time for the
purposes of doing the things described in the order at the property Owner's
expense.
25.2 The Town may recover the remedial action and enforcement cost incurred under
subsection 25.1 of this by-law by legal action and/or by adding them to the tax
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roll and collecting them in the same manner as property taxes in accordance with
section 446 of the Municipal Act.
26.0 PENALTY PROVISIONS
26.1 Every Person who contravenes any of the provisions 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.
26.2 Upon conviction, any fine imposed under this by-law may be collected under the
authority of the Provincial Offences Act, as amended.
26.3 Every Person who is guilty of an offence under this by-law shall be subject to the
following penalties:
(a)
upon a first conviction, shall be liable to a fine of not less than $350.00
and not more than $50,000.00;
(b)
upon a second or subsequent conviction for the same offence, to a fine of
not less than $500.00 and not more than $100,000.00;
(c)
upon conviction for a continuing offence, the minimum fine shall be
$500.00 and the maximum fine shall be $10,000.00 for each day of part of
a day that the offence continues;
(d)
upon conviction for multiple offence, for each offence included in the
multiple offence, the minimum fine shall be $500.00 and the maximum fine
shall be $10,000.00.
26.4 For the purpose of this by-law, "multiple offences" means an offence in respect of
two or more acts or omissions each of which separately constitutes an offence
and is a contravention of the same provision of this by-law.
26.5 For the purpose of this by-law, an offence is a second or subsequent offence if
the act giving rise to the offence occurred after a conviction had been entered at
an earlier date for the same offence.
27.0 CONTINUATION, REPETITION PROHIBITED BY ORDER
27.1
The court in which the conviction has been entered, and any court of competent
jurisdiction, thereafter, may make an order prohibiting the continuation or
repetition of the offence by the Person convicted, as such order shall be in
addition to any other penalty imposed on the Person.
28.0 ADMINISTRATIVE PENALTIES
28.1 Instead of laying a charge under the Provincial Offences Act, as amended, for
breach of any provision of this by-law, an Officer may issue an Administrative
Penalty to the Person who has contravened this by-law.
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28.2
The Officer has the discretion to either proceed by way of an Administrative
Penalty or a charge laid under the Provincial Offences Act. If an Administrative
Penalty is issued to a Person for the breach, no charge shall be laid against that
same Person for the same breach.
28.3 The amount of the Administrative Penalty for a breach of a provision of this by-
law, issued under this by-law, is fixed as set out in an Administrative Penalty By-
law as amended, or any successor by-law.
28.4 A Person who is issued an Administrative Penalty shall be subject to the
procedures as provided for in an Administrative Penalty By-law, as amended, or
any successor by-law.
28.5 An administrative penalty imposed on a Person pursuant to this by-law that is not
paid within 15 days after the day it becomes due and payable, constitutes a debt
of the Person to the Municipality and may be added to a municipal tax roll and
collected in the same manner as municipal taxes.
29.0 COLLECTION OF UNPAID FINES
29.1 Where a fine is in default, the Municipality may proceed with civil enforcement
against the Person upon whom the fine has been imposed, pursuant to the
Provincial Offences Act.
29.2 The Municipality may make a request to the treasurer of a local municipality to
add any part of a fine that is in default to the tax roll for any Property in the local
municipality for which all the Owners are responsible for paying the fine, and
collect it in the same manner as municipal taxes.
30.0 ENFORCEMENT
30.1 The provisions of this by-law may be enforced by an Officer.
30.2 An Officer who has reasonable grounds to believe that a Person has
contravened any provision of this by-law may require that Person to provide their
identification to the Officer.
30.3 Every Person who is required by an Officer to provide identification under
subsection 30.2 shall identify themselves to the Officer. Giving their correct
name, date or birth, and address shall constitute sufficient identification. Failure
to provide sufficient identification shall constitute obstruction of the Officer as set
out in subsection 31.2.
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31.0 OFFENCES
31.1 Any Person who contravenes or fails to comply with any provision of this by-law,
an Order, Work Order, or any other order issued pursuant to this by-law is guilty
of an offence.
31.2 No Person shall hinder or obstruct, or attempt to hinder of obstruct, an Officer
who is exercising a power or performing a duty under this by-law.
31.3 No Person shall fail to comply with any condition or term of any Order, Work
Order, or any other order issued under this by-law. If there is a contravention of
any provision of this by-law, and the contravention has not been corrected, the
contravention of the provision shall be deemed to be continuing offence for each
day or part of a day that the contravention remains uncorrected.
32.0
VALIDITY AND SEVERABILITY
32.1 If any provision or part of this by-law is declared by any court or tribunal of
competent jurisdiction to be illegal or inoperative, in whole or in part, or
inoperative in particular circumstances, the balance of the by-law, or its
application in other circumstances, shall not be affected and shall continue to be
in full force and effect.
32.2 Where the provisions of this by-law conflict with the provisions of any other by-
law or Act, the more restrictive provisions shall apply.
32.3 Schedule "A" and "B" and any NPC Publications annexed hereto are hereby
declared to form part of this by-law.
33.0 APPLICABILITY AND SCOPE
33.1 The provisions of this by-law apply to all noise within the Town of East
Gwillimbury.
33.2
Despite subsection 33.1, Schedule "B" list Ministry NPC Publications that inform
of various provisions included in this by-law, as well as a detailed regulation of
Noise that is outside of the Town's jurisdiction. This by-law does not apply to
Noise that falls explicitly under provincial jurisdiction and for which regulation is
prescribed by Ministry NPC Publications.
33.3 Despite 33.1, in line with the Municipal Act, this by-law does not apply to noise
made in connection with deliveries of goods to any of the following:
a)
retail business establishments;
b)
restaurant, including bars and cafes;
c)
hotels and motels;
d)
good distribution facilities.
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34.0 SHORT TITLE
34.1 This by-law may be cited as the "Noise Control By-Law".
35.0 ENACTMENT
35.1 This by-law shall come into force and effect on the date of its passing and
enactment.
35.2 That By-law #2004-80 and all amendments thereto are hereby repealed in their
entirety.
ENACTED and PASSED this 8th day of March, 2022.
Virginia Hackson, Mayor
Tara Lajevardi, Municipal Clerk
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SCHEDULE A
By-law 2022-018: Noise Prohibitions by Time
Notwithstanding any other provisions of this by-law, the following Noises shall be
deemed to be Noises likely to disturb any Person in the Town if clearly audible at
a Point of Reception within a time period as shown:
Description of Sound
Restricted Time Period
A. The operation of a radio, television, stereo or
other
electronic
device
including
any
amplification device, or any musical or other
Sound producing instrument.
23:00 hrs. of one day to 07:00
hrs. next day (9:00 hrs. on
Saturdays and 12:00 hrs. on
Sundays and Holidays)
B. Playing any musical instrument or group of
musical instruments.
23:00 hrs. to 07:00 hrs. next
day (09:00 hrs. on Saturdays
and 12:00 hrs. on Sundays
and Holidays)
C. Yelling, shouting, hooting, whistling, singing
or the like.
19:00 hrs.to 07:00 hrs. next
day (09:00 hrs. on Sundays
and Holidays)
D. The operation of a dirt bike, all-terrain cycle,
snowmobile, go-cart, dune buggy, trail bikes
or like Conveyance.
23:00 hrs. to 07:00 hrs. next
day (09:00 hrs. on Sundays
and Holidays)
E. The operation of a commercial car wash with
air drying equipment.
23:00 hrs. to 07:00 hrs. next
day (09:00 hrs. on Sundays
and Holidays)
F. The operation of commercial car wash
without air drying equipment.
23:00 hrs. to 07:00 hrs. next
day (09:00 hrs. on Sundays
and Holidays)
G. Loading, unloading, packing, unpacking,
delivering
or
otherwise
handling
any
container,
product
or
material
unless
necessary for the maintenance of essential
services.
23:00 hrs. to 07:00 hrs. next
day (09:00 hrs. on Sundays
and Holidays)
H. The
operation
of
any
Construction
Equipment in connection with Construction.
19:00 hrs. to 07:00 hrs. next
day (09:00 a.m. on Sundays
and all day on Holidays)
I. The operation of any Heavy Equipment in
connection with Construction.
19:00 hrs. to 07:00 hrs. next
day.
all
day
Saturday,
Sundays and Holidays
J. The operation of any Property Maintenance
Equipment other than snow removal.
21:00 hrs. to 07:00 hrs. next
day (09:00 hrs. on Sundays
and Holidays)
K. The operation of a combustion engine for a
toy or a replica of a larger device such as a
remote-controlled toy airplane.
21:00 hrs. to 07:00 hrs. next
days (09:00 hrs. on Sundays
and Holidays)
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L. The operation of waste collection machinery
or refuse compacting equipment.
21:00 hrs. to 07:00 hrs. next
day (09:00 hrs. on Sundays
and Holidays)
M. All selling or advertising by shouting or outcry
or Amplified Sound.
19:00 hrs. to 07:00 hrs. next
day and all day Sundays and
Holidays
N. Discharge of firearms in a permitted area.
19:00 hrs. to 07:00 hrs. next
day (09:00 hrs. on Sundays)
If legally hunting, firearms
may be discharged half hour
before sunrise to half hour
after sunset as per the MNR
hunting regulations.
O. 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 production,
reproduction, or amplification; or unless
required in accordance with good safety
practices.
19:00 hrs. to 07:00 hrs. next
day (09:00 hrs. on Sundays)
P. Discharge of fireworks contrary to Fireworks
By-law.
at any time
Q. Persistent barking, calling or whining or other
similar Persistent Noise making by any
domestic pet.
at any time
R. The operation of snow making equipment.
at any time
S. The operation of a sound emitting pest
control device.
at any time
T. The detonation of explosives.
at any time
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SCHEDULE B
By-law 2022-018: Index of NPC Publications
NPC Publication-101
Technical Definitions Publication
NPC Publication-102
Instrumentation
NPC Publication-103
Procedures
NPC Publication-104
Sound Level Adjustments
NPC Publication-115
Construction Equipment
NPC Publication-117
Domestic Outdoor Power Tools
NPC Publication-118
Motorized Conveyances
NPC Publication-119
Blasting
NPC Publication-206
Road Traffic
NPC Publication-216
Residential Air Conditioners
NPC Publication-300
Stationary and Transportation Sources
The Corporation of the Town of East Gwillimbury
By-law 2023-080
Being a By-law to amend the Noise By-law
Whereas on the 8th day of March 2022 Council of the Town of East Gwillimbury
("Council") enacted By-law 2022-018 being the Noise By-law; and
Whereas Section 128 of the Municipal Act, 2001, S.O. 2001, c 25, as amended (the
"Municipal Act, 2001") authorizes a local municipality to prohibit and regulate matters
that, in the opinion of Council, are or could become public nuisances; and
Whereas Section 129 of the Municipal Act, 2001 authorizes a municipality to pass by-
laws to prohibit and regulate noise;
Now therefore the Municipal Council of The Corporation of the Town of East Gwillimbury
enacts as follows:
1.
THAT Section 21 be removed and replaced with:
21.0 EXEMPTIONS BY APPLICATION
21.1 Notwithstanding any other provision of this By-law, any Person may make an
application to the Manager for an exemption to any provision of this By-law
with respect to any Noise to allow such Person to emit, cause or permit such
Noise for the period of time set out in such Application for exemption.
21.2 An application for exemption under Section 21.1 shall be in writing and shall
include the following:
(a) The Applicant's name, address, and other prescribed contact information;
(b) The description of the Source of Noise or vibration in respect of which
exemption is sought;
(c) The date(s), time(s) and location(s) of the Event or other activity for which
the exemption is being sought;
(d) The Applicant's reason for requesting the exemption;
(e) The name, address and other prescribed information for the Person(s)
who will be supervising the Event or activity for which the exemption is
being sought;
(f) A statement of steps, if any, planned or presently being taken to minimize
the Noise;
(g) A non-refundable application fee, as set out in the Town's Fee and
Charges By-law; and
(h) Any other prescribed information on the application form.
21.3 An application for an exemption completed in accordance with Section 21.2
shall be delivered to the Manager at least 60 days in advance and shall be
accompanied by the applicable fee.
21.4 Upon receipt of a completed application for an exemption permit, the
Manager may:
(a)
issue the exemption permit subject to such conditions as they may
determine; or
(b)
refuse the exemption permit.
21.5 In considering an application for an exemption permit, the Manager shall have
regard to:
(a)
the proximity of the sound to a Residential Area and the likelihood that the
sound for which an exemption is requested may negatively affect persons
in a Residential Area;
(b)
any benefits the issuance of the exemption permit may have on
neighbouring properties or on the Town;
(c)
any previous violations of this By-law or previous exemption permit by the
applicant;
(d)
whether any negative impacts can be reduced with the use of mitigation
measures including limiting the sound to certain days or times a day; and
(e)
anything the Manager considers relevant.
21.6
The conditions that the Manager may impose on an exemption permit
include but are not limited to:
(a)
the type and volume of the noise that may be made;
(b)
the times during which noise may be made;
(c)
the period of time during which the exemption permit is in effect; and
(d)
that a qualified individual or qualified individuals, as determined by the
Manager, monitor the Noise and file a report with the Manager at the
applicant's expense.
21.7 The Manager may grant an exemption, in whole or in part, with terms and
conditions, subject to the provisions of this By-law.
21.8 The Manager shall notify the Senior Management Team and relevant Ward
Councillors by email of an application for an exemption. The notification shall
include any terms and conditions that may be attached to an exemption.
21.9 A breach by the applicant of any of the terms or conditions imposed by the
Manager in granting an exemption shall immediately render the exemption
null and void.
21.10 Notwithstanding that the authority to grant an exemption is delegated to the
Manager, and that they may have already exercised the delegated power,
Council shall retain the right to exercise the authority to grant or deny an
exemption in accordance with the conditions set out in Section 21.6 of this
By-law.
2.
AND THAT this By-law shall come into effect on the date of its enactment.
Enacted and passed this 5th day of December, 2023.
Brian Johns, Acting Mayor
Tara Lajevardi, Municipal Clerk