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THE CORPORATION OF THE TOWNSHIP OF EAST HAWKESBURY
BY-LAW NUMBER 2023-41
BEING a By-Law to regulate and control noise in the Township of East Hawkesbury and
to repeal By-Law No.2002-59.
WHEREAS section 8 of the Municipal Act, 2001, S.O.2001, c. 25 (" Municipal Act, 2001"
or " the statute") provides that the powers of a municipality under the statute or any
other Act shall be interpreted broadly so as to confer broad authority on the municipality
to enable the municipality to govern its affairs as it considers appropriate and to
enhance the municipality's ability to respond to municipal issues;
AND WHEREAS section 9 of the Municipal Act, 2001 provides that a municipality has
the capacity, rights, powers and privileges of a natural person for the purpose of
exercising its authority under the statute or any other Act;
AND WHEREAS section 11 of the Municipal Act, 2001 provides that a lower-tier
municipality has the authority to pass by-laws respecting the economic, social and
environmental well-being of the municipality, the health, safety and well-being of
persons and the protection of persons and property and by-laws respecting animals.
AND WHEREAS section 129 of the Municipal Act, 2001 provides that a local
municipality may prohibit and regulate with respect to noise;
AND WHEREAS section 425 of the Municipal Act, 2001 provides that a municipality
may pass by-laws providing that a person who contravenes a by-law of the municipality
passed under the statute is guilty of an offence;
AND WHEREAS section 434.1 of the Municipal Act, 2001 authorizes a municipality to
establish a system of administrative monetary penalties to assist the municipality in
promoting compliance with its by-law;
AND WHEREAS the Council of the Township of East Hawkesbury deems it necessary
and desirable in public interest to regulate noise in the municipality and to enact this By-
Law for the purpose;
NOW THEREFORE, the Council of the Corporation of the Township of East
Hawkesbury ENACTS AS FOLLOWS;
1. Purpose
a) The purpose of this By-law is to regulate and control noise in the Township of
East Hawkesbury so as to promote the well-being of the municipality and its
resident.
2. Definitions
In this By-Law:
"Agricultural Operation" has the same meaning as in the Farming and Food
Production Protection Act, 1998, 5.0. 1998, c. 1 ("Farming and Food Production
Protection Act, 1998").
"Animal" means any member of the animal kingdom other than a human.
"By-law Enforcement Officer" means a By-law Enforcement Officer of the Township.
"Clearly Audible" means that the sound or noise in question is easily perceptible,
without undue effort, to a disinterested person with no hearing disability shall be
deemed to be Clearly Audible.
"Community Event" means an event that is open to the public including but not limited
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to a fair, exhibition, celebration, sporting event, concert, festival, parade, or other similar
event, which may be presented or hosted by the Town or by another Person or
organization.
"Construction" means erection, alteration, repair, dismantling, demolition, structural
maintenance, painting, land clearing, earth moving, grading, excavating, laying pipe or
conduit, street and highway building, equipment installation and alteration and the
structural installation of construction components and materials in any form, and
includes any work in connection therewith.
"Construction Equipment" means any equipment or device used or intended for use
in Construction, including but not limited to hand tools, power tools, air compressors,
pile drivers, pneumatic or hydraulic tools, bulldozers, tractors, excavators, trenchers,
cranes, derricks, loaders, scrapers, pavers, generators, off-highway haulers or trucks,
ditchers, compactors and rollers, pumps, concrete mixers, graders or other material
handling equipment.
"Conveyance" means a vehicle, or any other device used to transport a Person or
Persons or goods from place to place.
"Council" means the Council of The Corporation of the Township of East Hawkesbury.
"Exemption Authority" means the Township Clerk or their designate, the Director of By-
law Services or their designate, and any other Person appointed by the Town to authorize
exemptions from this By-law.
"Highway" has the same meaning as in the Highway Traffic Act, R.S.O. 1990, c. H.8
("Highway Traffic Act").
"Holiday" means New Year's Day, Good Friday, Victoria Day, Canada Day, Labour
Day, Thanksgiving Day, Christmas Day, Boxing Day and any day set out by the
Township to be a Holiday.
"Motor Vehicle" has the same meaning as in the Highway Traffic Act.
"Normal Farm Practice" has the same meaning as in the Farming and Food
Production Protection Act, 1998.
"Persistent" means continuously for a period of ten (10) minutes or longer or
intermittently for an aggregate period of ten (10) minutes or longer in any sixty (60)
minute period.
"Person" means an individual, corporation, partnership, or association.
"Point of Reception" means any location on the premises of a Person where noise
originating from other than those premises is received.
"Resident" means one or more Persons who reside in the Town, temporarily or
permanently, and may include visitors to the Township.
"Residential Area" means those areas in the Township where residential use is
permitted under the Township of East Hawkesbury Zoning By-law No.2021-22, as
enacted and amended by the Township from time to time, or where human habitation is
a legal non-conforming use.
"Rooster" means an Animal that is a male domestic chicken or similar bird including
but not limited to game birds and domestic fowl.
"Township" means The Corporation of the Township of East Hawkesbury.
"Township Clerk" means the Clerk of the Township.
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3. General Prohibition
No Person shall make, cause, or permit an unreasonable noise or a noise that is likely
to disturb Inhabitants.
4. Deemed Prohibitions at any Time and Place
Without limiting the generality of section 3, noise resulting from any of the
following acts is deemed to be unreasonable noise or noise that is likely to
disturb Inhabitants:
a) the operation of a Motor Vehicle in an unauthorized race;
b) the operation of a Motor Vehicle in a manner that causes the tires of the
vehicle to squeal;
c) the operation of a Motor Vehicle or trailer in a manner that results
in rattling, banging, clanking, grinding, squealing or other like
sound or noise due to disrepair or inadequate maintenance or due
to an improperly secured load;
d) the operation of a Motor Vehicle, combustion engine or pneumatic
device without an effective exhaust muffling device that is in proper
working order and in constant operation;
e) the idling of a commercial Motor Vehicle for a period of more than thirty
(30) minutes;
f) the operation of any item of Construction Equipment without an
effective exhaust muffling device that is in proper working order and in
constant operation;
g) the operation of a bell, horn, siren or other warning device on any
Motor Vehicle, bicycle or other vehicle except as required or
authorized by law or in accordance with good safety practices;
h) the operation of a radio, amplifier, speaker or other similar device on or
in a Motor Vehicle, trailer or vehicle that is Clearly Audible at least 8
metres from the vehicle;
i) the operation of a bell, horn, siren or other warning device on any
Motor Vehicle, bicycle or other vehicle for an unnecessary or
unreasonable period of time;
j) the operation of a radio, amplifier, speaker or other similar device on or
in a Motor Vehicle, trailer or vehicle that is Clearly Audible at least 8
metres from the vehicle;
k) the operation of any instrument, radio, television, amplification device,
loudspeaker, electronic sound system or other similar sound-producing
device for the purpose of advertising a good or service in a manner that
projects sound or noise into any public street or other public place;
l) the operation of any instrument, radio, television, amplification device,
loudspeaker, electronic sound system or other similar sound-producing
device in such a manner or with such volume so as to disturb any
Person in a dwelling unit or other type of residence or business office;
m) the crowing, calling or other like sounds made by any Rooster kept or
used for any purpose other than a Normal Farm Practice carried on by
an Agricultural Operation; and
n) the Persistent barking, howling, whining, squawking or other like
sounds made by any Animal kept or used for any purpose other than a
Normal Farm Practice carried on by an Agricultural Operation.
5. Deemed Prohibitions by Time and Place
Without limiting the generality of section 3, noise resulting from any of the
following acts is deemed to be unreasonable noise or noise that is likely to
disturb Inhabitants where it is Clearly Audible at a Point of Reception:
a) the operation of a combustion engine that is used or intended for use
in a toy, model or replica of any device, which has no function other
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than amusement, and which is not a Conveyance, between the hours
of 11:00 p.m. of one day and 8:00 a.m. of the following day;
b) the operation of any motorized Conveyance other than on a Highway
between the hours of 11:00 p.m. of one day and 8:00 a.m. of the
following day.
c) the venting, release or pressure relief of air, steam or other gaseous
material, product or compound from any autoclave, boiler, pressure
vessel, pipe, valve, machine, device or system between the hours of
11:00 p.m. of one day and 8:00 a.m. of the following day
d) the Persistent shouting, yelling, whistling or singing of any Person
between the hours of 11:00 p.m. of one day and 8:00 p.m. of the
following day.
e) the operation of Construction Equipment between the hours of 8:00
p.m. of one day and 7:00 a.m. of the following day other than on
Sundays and Holidays. on Sundays and Holidays, the operation of
Construction Equipment prior to 9:00 a.m. or after 4:00 p.m.
f) for a Point of Reception in a Residential Area, the loading, unloading,
delivering, packing, unpacking or other handling of containers,
products or materials or refuse between the hours of 10:00 p.m. of
one day and 7:00 a.m. of the following day, unless necessary for the
moving of private household effects.
g) the operation or use of any tool for property maintenance, other
than snow removal, between the hours of 10:00 p.m. of one day
and 8:00 a.m. of the following day, other than on Sundays and
Holidays. On Sundays and Holidays, the operation or use of any tool
for property maintenance, other than snow removal, prior to 9:00
a.m. or after 10:00 p.m.
6. Application of Strictest Standard
Where a source of noise is subject to more than one provision of this By-law,
the most restrictive provision shall apply.
7. General Exemptions
This By-law shall not apply to noise resulting from:
a) emergency measures undertaken for the immediate health, safety or
welfare of any Person or Persons in the Township;
b) emergency measures undertaken for the preservation or
restoration of property;
c) emergency measures undertaken by or on behalf of the Township
d) the operation of any emergency service vehicle while carrying out its
lawful duties
e) signaling devices used for traffic and pedestrian control at
intersections, crosswalks and other transportation control
locations;
f) the operation of any railway or airport within the legislative
authority of Parliament;
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g) the operation of equipment by or on behalf of the Township for
Construction projects, general maintenance projects and
emergency projects of the Township;
h) the operation of equipment by or on behalf of the Township for
Township maintenance operations including but not limited to
snow removal, street cleaning, grass cutting, planting and pruning
of trees and shrubs, and property maintenance;
i) the collection or disposal of garbage, waste or recyclable
material by or on behalf of the Township;
j) the use of equipment for snow removal on private property when
used in a reasonable manner;
k) Community Events presented or hosted by the Township of
Township Committees;
l) Sports or recreational activities or events in public parks that have
been authorized or approved by the Township, provided that the
activity or event is carried on in accordance with all terms and
conditions of the authorization or approval;
m) firework displays that have been authorized or approved by the
Township, provided that the display is carried on in accordance with
all terms and conditions of the authorization or approval;
n) the operation of bells or chimes in relation to any religious or
military ceremony or service or by or on behalf of the Township;
o) activities that are a Normal Farm Practice carried on by an
Agricultural Operation; and
p) activities carried out in compliance with a permission granted under
federal or provincial legislation, including but not limited to an
environmental compliance approval.
8. Temporary Exemptions by Exemption Authority
a) Any Person may apply to the Town for a temporary exemption from
this By-law or any provision of it with respect to any source of noise
to allow such Person to make, cause or permit such noise for the
period set out in the application.
b) An application under section 8 a) shall be made in writing to the
Exemption Authority, in the form determined by the Exemption
Authority from time to time and shall be submitted not less than
fifteen (15) days prior to the commencement of the activity for
which the temporary exemption is sought.
c) An application under section 8.a) shall contain the
following:
I.
the name, address, telephone number and email address of
the registered owner or owners of the property; and
II.
written approval of the application by the registered owner or
owners of the property;
III.
a description of the event or activity for which the temporary
exemption is sought;
IV.
the days and hours for which the temporary exemption is
sought;
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V.
a description of the source and level of the noise for which the
temporary exemption is sought;
VI.
a statement of the steps, if any, planned or being taken to
minimize the noise;
VII.
a statement of the provision or provisions of this By-law from
which the temporary exemption is sought;
VIII.
the rationale for the temporary exemption request and the
reason or reasons that it should be granted; and
IX.
the name and contact information of the Person responsible
for supervising the event or activity for which the temporary
exemption is sought and who will be available during the
event or activity to address concerns raised by Persons in
any area where the noise is Clearly Audible
d) Upon receipt of an application that contains all information
required under subsection 8.c, the Exemption Authority shall
review and determine the application.
e) The Exemption Authority may grant or refuse an application for a
temporary exemption and may impose such terms and conditions
on a temporary exemption as the Exemption Authority considers
appropriate.
f) Where the Exemption Authority authorizes a temporary
exemption, any breach of the terms or conditions of the
exemption by any Person shall render the exemption null and
void.
9. Enforcement
a) This By-law shall be administered and enforced by the Township, a
Bylaw Enforcement Officer and/or any Person appointed or
otherwise delegated the authority of administration and
enforcement.
b) A By-law Enforcement Officer and any Person appointed or
otherwise delegated the authority to administer and enforce
this By-law may, for the purpose of enforcing this By-law,
exercise any power, authority or remedy granted to the
Township pursuant to the Municipal Act, 2001.
c) No Person shall obstruct or hinder, or attempt to obstruct or
hinder, any By-law Enforcement Officer or Person appointed or
otherwise delegated the authority to administer and enforce this
By-law in the exercise of a power or the performance of a duty
under this By-law.
10. Penalty
a) Every person who contravenes any provision of this By-law shall,
upon issuance of a penalty notice in accordance with Schedule A of
this by-Law, be liable to pay to the Township an administrative
penalty in the amount of $250.00 for each day on which the
contravention occurs or continues.
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11. General
The short title of this By-law is the "Noise Control By-law".
In the event of a conflict between this By-law and the provisions of
another Township by-law, the provisions of this By-law shall prevail.
If any section or part of this By-law is found by any court of
competent jurisdiction to be illegal or beyond the power of Council
to enact, such sections or parts shall be deemed to be severable
and all other sections or parts of this By-law shall be deemed to be
separate and independent therefrom and to be enacted as such.
This By-law shall be read with all changes in number or gender as
are required by context.
Any reference to legislation in this By-law includes the legislation
and any amendment, replacement, subsequent enactment, or
consolidation of such legislation.
The Township Clerk is hereby authorized to make any minor
modifications or corrections solely of an administrative, clerical,
numerical, grammatical, semantical or descriptive nature or kind to
this By-law as are determined to be necessary.
12. Repeal and Enactment
By-Law no. 2002-59 and Amendments being a by-law to regulate and
control noise in the Township of East Hawkesbury, is hereby repealed
and replaced.
13. Effective Date
This By-law shall come into force on the date that it is passed.
READ A FIRST, SECOND AND THIRD TIME AND PASSED IN OPEN COUNCIL
THIS 12TH DAY OF June, 2023.
SEAL
_____________________
________________________
Hemi Villeneuve
Rober Kirby
Clerk
Mayor