East Zorra-Tavistock, Ontario
· adopted 2008-08-06
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THE CORPORATION OF THE
TOWNSHIP OF EAST ZORRA-TAVISTOCK
COUNTY OF OXFORD
BY-LAW #2008-36
BEING a By-law to prohibit and regulate noise in the Township of East Zorra-Tavistock.
WHEREAS it is in the public interest to reduce the noise level in the Municipality, so as
to preserve, protect and promote the public health, safety, welfare and the peace and
quiet of the inhabitants of the Municipality, and
WHEREAS, the making, creation or maintenance of excessive and unreasonable
noises within the Municipality affects and is a detriment to public health, comfort,
convenience, safety and welfare and the prosperity of the people of the Municipality;
and
WHEREAS Council has authority to pass this by-law under section 129 of the Municipal
Act, 2001;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF
EAST ZORRA-TAVISTOCK ENACTS AS FOLLOWS:
1. DEFINITIONS
1.1
In this By-law,
(a)
"Construction" includes, but is not limited to, 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;
(b)
"Construction Equipment" means any equipment or device designed and
intended use in construction, or material handling, including but not limited
to, air compressors, pile drivers, pneumatic or hydraulic tools, bulldozers,
tractors, scrapers, pavers, generators, off-highway haulers or trucks,
ditchers, compactors and rollers, pumps, concrete mixers, graders, or
other material handling equipment;
By-law #2008-36
The Noise By-law
Page 2
(c)
"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 a building;
(d)
"Council" means the Council of the Municipality of East Zorra-Tavistock;
(e)
"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 vehicles;
(f)
"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 vehicle
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 of The Highway Traffic Act;
(g)
"Motorized Conveyance" means a conveyance propelled or driven
otherwise than by muscular, gravitational or wind power;
(h)
"Municipality" means the land within the geographic limit of the Township
of East Zorra-Tavistock;
(i)
"Noise" means unwanted sound;
(j)
"Noise Control Officer" means a person designated by Council as
responsible for the administration of this By-law, and more specifically
shall be a By-law Enforcement Officer;
(k)
"Point of Reception" means any point on the premises of a person where
sound or vibration originating from other than those premises is received;
2. PROHIBITIONS
2.1
No person shall emit or cause or permit the emission of noise resulting from an
act listed in Schedule A - General Prohibitions, and which noise is clearly audible
at a point of reception.
3. LIMITATIONS BY TIME
3.1
No person shall emit or cause or permit the emission of a noise during the time
periods as outlined in Schedule B.
4. EXEMPTION - PUBLIC SAFETY
4.1
Notwithstanding any other provision of this By-law, it shall be lawful during an
emergency to emit or cause or permit the emission of noise or vibration in
connection with emergency measures:
By-law #2008-36
The Noise By-law
Page 3
(a)
for the immediate health, safety or welfare of the inhabitants or any of them;
or for the preservation or restoration of property, unless such noise or
vibration is clearly of a longer duration, or nature more disturbing than is
reasonably necessary for the accomplishment of such emergency purpose
(b)
for any activity as listed in Schedule "C"
5. EXEMPTION BY COUNCIL
5.1
Council may grant exemption to any provisions of this by-law on written
application to Council, stating date, time, location and duration of event. The
application must be received at least 30 days in advance of the event.
6. ENFORCEMENT
6.1 The provisions of this by-law shall be enforced by a Township By-law
Enforcement Officer, Police Officer, Peace Officer, or other individual duly
appointed for the purpose of enforcing this by-law.
7. PENALTY
7.1 Any person who contravenes any of the provision of this by-law is guilty of an
offence and upon conviction is liable to a fine or penalty for each offence
established pursuant to the Provincial Offences Act, R.S.O. 1990, c. P33 and
included within Schedule "D" forming part of this by-law.
7.2
Each day of contravention shall be a separate offence.
8. GENERAL PROVISIONS
8.1
This by-law shall be called "The Noise By-law".
8.2
This by-law shall come into force and effect on the final passing thereof.
8.3
Bylaw #44-89 is hereby repealed.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 6TH DAY
OF AUGUST, 2008.
Don McKay, Mayor
seal
Jeff Carswell, Clerk
By-law #2008-36
The Noise By-law
Page 4
SCHEDULE "A"
GENERAL PROHIBITIONS
1.
Racing of any motorized conveyances other than in a racing event regulated by
law.
2.
The operation of a motor vehicle in such a way that the tires squeal.
3.
The operation of any combustion engine without an effective exhaust muffling
device in good working order and in constant operation.
4.
The operation of a vehicle or a vehicle with a trailer resulting in banging,
clanking, squealing or other like sounds due to improperly secured load or
equipment, or inadequate maintenance.
5.
The operation of an engine or motor in, or on, any motor vehicle or item of
attached auxiliary equipment for a continuous period exceeding five minutes,
while such vehicle is stationary unless:
(1)
the vehicle is in an enclosed structure constructed so as to effectively
prevent excessive noise emission; or
(2)
the original equipment manufacturer specifically recommends a longer
idling period for normal and efficient operation of the motor vehicle in which
case such recommended period shall not be exceeded; or
(3)
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 or refuse compactors and heat exchange
systems; or
(4)
weather conditions justifying 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; or
(5)
the idling is for the purpose of cleaning and flushing the radiator and
associated circulation system for seasonal change of antifreeze, cleaning of
the fuel system, carburetor or the like, when such work is performed other
than for profit.
(6)
The operation of a motor vehicle horn or other warning device where
required or authorized by law.
(7)
The operation of any item of construction equipment without effective
muffling devices in good working order and in constant operation.
By-law #2008-36
The Noise By-law
Page 5
SCHEDULE "B"
Prohibition by time
Prohibited period of
time
1
The operation of any auditory signalling 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 of amplification of any similar
sounds by electronic means except where required or
authorized by law.
19:00 hrs of one day to
07:00 hrs next day
(09:00 Sunday)
All day Sundays &
Statutory Holidays
2
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.
17:00 hrs of one day to
07:00 hrs next day
(09:00 Sunday)
3
All selling or advertising by shouting or outcry or
amplified sound.
19:00 hrs of one day to
07:00 hrs next day
(09:00 Sunday)
All day Sundays &
Statutory Holidays
4
Loading, unloading, delivering, packing, unpacking, or
otherwise handling any containers, products, materials,
or refuse, whatsoever, unless necessary for the
maintenance of essential services.
19:00 hrs of one day to
07:00 hrs next day
(09:00 Sunday)
All day Sundays &
Statutory Holidays
5
The operation of any construction equipment in
connection with a construction project.
19:00 hrs of one day to
07:00 hrs next day
All day Sundays &
Statutory Holidays
6
The detonation of fireworks or explosive devices.
Exemptions will apply only for the following holidays:
New Years Eve, Victoria Day and Canada Day,
between 20:00 hrs to 24:00 of the same day.
In the event that weather conditions such as rain, fog, or
wind on these days make it impractical and/or unsafe to
set off the fireworks, the next day preceding of these
holidays shall be the designated day.
At all times other than
those stated
By-law #2008-36
The Noise By-law
Page 6
7
The discharge of any gun or other firearms, air gun or
spring gun or any class or type thereof, provided that
this shall not apply to peace officers in the performance
of their duties, or hunters during a legalized hunt.
At all times
8
The operation of a combustion engine which is, is used
in or is intended for use in a toy or a model or replica of
a larger device, which model or replica has no function
other than amusement and which is not a conveyance.
21:00 hrs of one day to
07:00 hrs next day
(09:00 Sunday)
9
The operation of any powered rail car including but not
limited to refrigeration, cars, locomotives or self-
propelled passenger cars, while stationary on property
not owned or controlled by a railway governed by the
Canada Railway Act.
23:00 hrs of one day to
07:00 hrs next day
(09:00 Sunday)
10 The operation of any motorized conveyance other than
on a highway or other place intended for its operation.
19:00 hrs of one day to
07:00 hrs next day
(09:00 Sunday)
11 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.
23:00 hrs of one day to
07:00 hrs next day
(09:00 Sunday)
12 Persistent barking, whining, calling or other similar
persistent noise making by any domestic pet or any
animals kept for commercial purposes.
At all times
13 The operation of any powered or non-powered tool for
domestic purposes other than snow removal.
21:00 hrs of one day to
07:00 hrs next day
(09:00 Sunday)
14 The operation of solid waste bulk lift or refuse
compacting equipment.
19:00 hrs of one day to
07:00 hrs. next day
(09:00 Sunday)
15 The operation of commercial car wash equipment.
23:00 hrs. of one day to
07:00 hrs next day
(09:00 hrs Sunday)
16 Yelling, shouting, hooting, whistling or singing.
23:00 hrs. of one day to
07:00 hrs next day
(09:00 hrs Sunday)
By-law #2008-36
The Noise By-law
Page 7
SCHEDULE "C"
ACTIVITIES TO WHICH THIS BY-LAW DOES NOT APPLY
The following list of sources or activities are considered by this Council to be
exempt from the provisions of this By-law because of their traditional, festive,
religious or other nature.
1.
Any parade duly authorized by permit, issued under the authority of the Council of
the Township of East Zorra-Tavistock.
2.
The use of bells or chimes normally associated with church activities.
3.
Any vehicle of the police or fire department or any ambulance or any public service
or emergency vehicle while answering a call.
4.
A train whistle used at vehicular crossings to warn of impending train.
5.
Any sporting, recreational or entertainment event in Public Parks or Buildings.
6.
Any musical or other performance in Public Parks or Buildings.
7.
Special neighbourhood social activities on streets or other Public land when duly
authorized by the Township of East Zorra-Tavistock.
8.
Normal activities of both industry and agriculture, as defined in the Township of
East Zorra-Tavistock Zoning By-laws.
9.
The operation of construction projects when such is duly certified as essential to
the project by the By-law Enforcement Officer.
By-law #2008-36
The Noise By-law
Page 8
SCHEDULE "D"
Part I Provincial Offences Act
Item
Short form wording
Provision creating
or defining offence
Set fine
1.
Racing motorized conveyances
other than in a racing event
regulated by law.
S. 2.1 Sch. A(1)
$50.00
2.
Operation of a motor vehicle in such
a way that the tires squeal.
S. 2.1 Sch. A(2)
$50.00
3.
Operation of any combustion engine
without an effective exhaust muffling
device.
S. 2.1 Sch. A(3)
$50.00
4.
Operation of a vehicle or a vehicle
with a trailer resulting in banging,
clanking, squealing or other like
sounds due to improperly secured
load or equipment, or inadequate
maintenance.
S. 2.1 Sch. A(4)
$50.00
5.
Operation of an engine or motor in,
or on, any motor vehicle or item of
attached auxiliary equipment for a
continuous period exceeding five
minutes, while such vehicle is
stationary where permitted.
S. 2.1 Sch. A(5)
$50.00
6.
Operation of any auditory signalling
device except where required or
authorized by law.
S. 3.1 Sch. B(1)
$50.00
7.
Operation of any electronic device
intended for the production,
reproduction or amplification of
sound when prohibited.
S. 3.1 Sch. B(2)
$50.00
8.
Selling or advertising by shouting or
outcry or amplified sound when
prohibited.
S. 3.1 Sch. B(3)
$50.00
9.
Loading, unloading, delivering,
packing, unpacking, or otherwise
handling any containers, products,
materials, or refuse, whatsoever,
when prohibited unless necessary
for the maintenance of essential
services.
S. 3.1 Sch. B(4)
$50.00
By-law #2008-36
The Noise By-law
Page 9
Item
Short form wording
Provision creating
or defining offence
Set fine
10.
Operation of construction equipment
in connection with a construction
project when prohibited.
S. 3.1 Sch. B(5)
$50.00
11.
Detonation of fireworks or explosive
devices when prohibited.
S. 3.1 Sch. B(6)
$50.00
12.
Discharge of firearms when
prohibited.
S. 3.1 Sch. B(7)
$50.00
13.
Operation of a combustion engine
which when prohibited.
S. 3.1 Sch. B(8)
$50.00
14.
Operation of a powered rail car on
property not owned or controlled by
a railway governed by the Canada
Railway Act when prohibited.
S. 3.1 Sch. B(9)
$50.00
15.
Operation of motorized conveyance
other than on a highway or other
place intended for its operation
when prohibited.
S. 3.1 Sch. B(10)
$50.00
16.
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 when prohibited.
S. 3.1 Sch. B(11)
$50.00
17.
Persistent barking, whining, calling
or other similar persistent noise
making by any domestic pet or any
animals kept for commercial
purposes.
S. 3.1 Sch. B(12)
$50.00
18.
Operation of any powered or non-
powered tool for domestic purposes
other than snow removal when
prohibited.
S. 3.1 Sch. B(13)
$50.00
19.
Operation of solid waste bulk lift or
refuse compacting equipment when
prohibited.
S. 3.1 Sch. B(14)
$50.00
20.
Operation of commercial car wash
equipment when prohibited.
S. 3.1 Sch. B(15)
$50.00
21.
Yelling, shouting, hooting, whistling
or singing when prohibited.
S. 3.1 Sch. B(16)
$50.00
Note: The general penalty provision for the offences cited above is Section 7.1 of By-
law #2008-36, a certified copy of which has been filed.
Set Fines approved September 23, 2008 by
Ontario Court of Justice.