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THE CORPORATION OF THE
TOWNSHIP OF EDWARDSBURGH CARDINAL
BY-LAW NO. 2021-70
"A BY-LAW TO PROHIBIT AND REGULATE NOISE WITHIN THE TOWNSHIP OF
EDWARDSBURGH CARDINAL"
WHEREAS Section 11 of the Municipal Act, 2001 , provides that a lower-tier
municipality may pass bylaws respecting the health, safety and well-being of
persons; and
WHEREAS Section 128 of the Municipal Act, 2001 , provides that a municipality may
prohibit and regulate with respect to public nuisances, including matters that, in the
opinion of council, are or could become or cause public nuisances; and
WHEREAS Section 129 of the Municipal Act, 2001, provides that a municipality may
pass bylaws to prohibit and regulate noise; and
WHEREAS Section 425 of the Municipal Act, 2001 , provides that a municipality may
create offences for the contravention of bylaws; and
WHEREAS Section 429 of the Municipal Act, 2001 , provides that a municipality may
establish a system of fines for offences; and
WHEREAS in the opinion of Council, excessive and inadequately controlled noise
may impair public health, safety and welfare and could become a public nuisance;
and
WHEREAS Municipal Council deems it advisable to prohibit and regulate the making
of noise within the Township of Edwardsburgh Cardinal.
NOW THEREFORE BE IT RESOLVED the Council of the Corporation of the
Township of Edwardsburgh Cardinal enacts as follows:
1.
DEFINITIONS
"Agricultural Operations" has the same meaning as contained in the Farming and
Food Production and Protection Act, 1998, R.S.O. 1998, c.1, as amended, or any
successor legislation.
"Agricultural Use" means permitted areas identified within the Township Zoning
Bylaw.
"Community Event" means an event open to the public, including a public fair, public
exhibition, public celebration , public sporting event, public concert, or school event.
"Construction" means erection, alteration, repair, dismantling, demolition, structural
maintenance, land clearing, earth-moving, grading, excavating, laying of pipe and
conduit whether above or below ground level, street and highway building ,
application of concrete, 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: hand tools,
power tools, air compressors, pile drivers, pneumatic or hydraulic tools, bulldozers,
tractors, excavators, trenchers, cranes, forklifts, derricks, loaders, scrapers, pavers,
generators, off-highway haulers or trucks, ditchers, compactors or rollers, pumps,
concrete mixers, graders, and any other.material handling equipment.
"Council" means the Council of the Corporation of the Township of Edwardsburgh
Cardinal.
"Electronic Device" means a device intended primarily for the production,
reproduction or amplification of sound, including, but not limited to, any musical
instrument, radio receiver, television receiver, recorder, phonograph, loudspeakers,
amplifiers, microphones or reproducers or any combination of such equipment,
including devices used in the reproduction of music, speech or other sounds.
"Enforcement Officer" means a municipal bylaw enforcement officer authorized by the
Council of the Township of Edwardsburgh Cardinal, any member of the Ontario
Provincial Police, and any Provincial Offences Officer pursuant to the Provincial
Offences Act.
"Highway" includes a common and public highway, street, avenue, parkway,
driveway, square, place, drive, bridge, viaduct or trestle, any part of which is intended
for or used by the general public for the passage of vehicles and includes the area
between the lateral property lines thereof.
"Inhabitant" means a person that lives in or occupies a place.
"Motor Vehicle" shall mean any private or commercial automobile, motorcycle,
motorized assisted bicycle, all-terrain vehicles, extreme terrain vehicle, multi-purpose
off-road vehicle, any vehicle propelled or driven otherwise that requires a motor or
engine to be moveable.
"Noise" means unwanted sound that is generated within the Township and is likely to
disturb inhabitant, or neighbouring municipality.
"Normal Farm Practice" has the same meaning as contained in the Farming and
Food Production Protection Act, 1998, R.S.O. 1998, c.1, as amended, or any
successor legislation.
"Persistent" refers to noise that is continuously heard for a period of fifteen (15)
minutes or more or intermittently over a period of one (1) hour or more.
"Person" means a person, firm , organization, agency, association, corporation, or
partnership used in the normal context of the word.
"Point of Reception" means any point on a premises where sound originating from
some other premises is received.
"Settlement Area" means those areas of the Township designated Settlement Area
by the Township's Zoning Bylaw.
"Township" means the Corporation of the Township of Edwardsburgh Cardinal.
"Zoning Bylaw" means the Council approved bylaw governing zoning , in accordance
with the Planning Act, as amended.
2.
GENERAL PROHIBITIONS
2.1
No person shall emit, cause or permit to be emitted or caused any noise to
disturb inhabitants of the Township, as set out in Schedule A, attached hereto,
that is clearly audible at a point of reception.
3.
PROHIBITIONS BY TIME
3.1
No person shall, within the prohibited time shown in Schedule B, attached
hereto, emit, cause or permit the emission of noise which is clearly audible at
a point of reception resulting from an act or emanating from a device listed in
Schedule B.
4.
GENERAL EXEMPTIONS
4.1
This bylaw shall not apply to a person who emits, causes or permits the
emission of noise in connection with any of the activities listed in Schedule C,
attached hereto, of this bylaw.
5.
EXEMPTION APPLICATION
5.1
Notwithstanding anything in this bylaw, any person may make an application,
in a form as approved by the Township, to Municipal Council, to request an
exemption to any provision of this bylaw. The Township may refuse to grant
any such exemption or may grant the exemption applied for or any exemption
of lesser effect, and any exemption granted shall be in the form , attached
hereto, as Schedule E.
5.2
A breach of any of the terms or conditions of any exemption granted by the
Township shall render the exemption null and void .
6.
ENTRY AND INSPECTION
6.1
An enforcement officer or their designate may at any time, enter onto a
property to determine whether this bylaw is being complied with.
7.
VALIDITY AND SEVERABILITY
7.1
If any section, subsection, clause, paragraph or provision of this bylaw or parts
thereof are declared by a court of competent jurisdiction to be invalid,
unenforceable, illegal or beyond the powers of Municipal Council to enact,
such section, subsection, clause, paragraph, provision or parts thereof shall be
deemed to be severable and shall not effect the validity or enforceability of any
other provisions of the bylaw as a whole or part thereof and all other sections
of the bylaw shall be deemed to be separate and independent there from and
enacted as such.
7.2
Whenever any reference is made under this bylaw to a statute or regulation of
the Province of Ontario, such reference shall be deemed to include all
subsequent amendments to such statute or regulation and all successor
legislation to such legislation.
8.
ENFORCEMENT & PENAL TIES
8.1
This bylaw shall be enforced by any Enforcement Officer having jurisdiction in
the Township.
8.2
No person shall obstruct or hinder or attempt to obstruct or hinder an
Enforcement Officer, or other authorized employee or agent of the Township in
the exercise of a power or the performance of a duty under this bylaw.
8.3
Every person who contravenes any provision of this by-law is guilty of an
offence and upon conviction is liable to a fine as provided for in the Provincial
Offences Act, R.S.O. 1990, c. P. 33, as amended.
8.4
Upon registering a conviction for a contravention of any provision of thus
bylaw, the court in which the conviction has been entered, may in addition to
any other remedy and to any penalty imposed by this bylaw, make an order
prohibiting the continuation or repetition of the offence by the person
convicted , pursuant to Section 431 of the Municipal Act, 2001 , as amended.
8.5
Where a person fails or defaults to carry out any direction or action required by
the Township as authorized by this bylaw, upon reasonable and written notice,
the Township may proceed to do such things or carry out such actions as
directed at the expenses of the person and such expenses may be recovered
by the Township in a like manner as taxes in accordance with the provisions of
Section 326 of the Municipal Act, 2001 , as amended.
9.
GENERAL
9.1
That Schedules "A", "B", "C", "D" and "E" shall constitute part of this bylaw.
9.2
That Bylaw 1991-12 and all other bylaws previously passed that are
inconsistent with the provisions of this bylaw are hereby repealed in its
entirety.
9.3
That this bylaw shall come into force and take effect on its passing.
Read a first and second time in open Council this 25 day of October, 2021.
Read a third and final time, passed, signed and sealed in open Council this 22 day of
November, 2021 .
Bylaw 2021-70
Schedule A
GENERAL PROHIBITIONS
No person shall emit, cause or permit the emission of noise resulting from an act
listed below, which is clearly audible at point of reception:
1.
The operation of any electronic device or group of connected electronic
devices incorporating one of more loudspeakers , and intended for the
production, reproduction or amplification of sound;
2.
The operation of any construction equipment, combustion engine or pneumatic
device without an original equipment manufacturer specification exhaust or
intake muffling device in good working order and in constant operation;
3.
Revving of any motor vehicle engine except as required for by a licensed
mechanic at a place of business for automotive repair;
4.
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;
5.
Residential domestic activities that produce sound of such nature that is
unwanted, on-going , persistent, unusual, repetitive, a public nuisance that
disturbs a person at a point of reception ;
6.
Persistent barking, calling or whining of any domestic pet or any animal except
an animal used for and located on the property for agricultural use, as set out
in the Township's zoning bylaw, or as otherwise specifically permitted by
bylaw.
Item
1
2
3
4
5
6
7
Bylaw 2021-70
Schedule B
PROHIBITIONS BY TIME
Activity
The operation of any construction equipment or
in connection with construction
The operation of any construction equipment or
in connection with construction in a Settlement
Area
The operation of any powered or non-powered
tool, equipment or appliance for domestic or
commercial purposes other than snow removal
The loading, unloading, packing , unpacking,
delivering or otherwise handling of any
container, product, material, waste or
recyclables unless necessary for the
maintenance of services or moving of private
household effects
The operation of any electronic device or group
of connected electronic devices incorporating
one or more loudspeakers or other
electromechanical transducers, and intended
for the production , reproduction or amplification
of sound
The operation of any auditory signaling device
including, but not limited to the ringing of bells,
gongs, and the blowing of horns, sirens and
whistles
Yelling, shouting, hooting or similar noises
made by a person
Prohibited Period of Time
10:00 p.m. to 6:00 a.m. the
next day
Sunday:
7:00 p.m. to 6:00 a.m. the
next day
10:00 p.m. to 7:00 a.m. the
next day
Sunday:
7:00 p.m. to 6:00 a.m. the
next day
11 :00 p.m. to 6:00 a.m. the
next day
11 :00 p.m. to 6:00 a.m. the
next day
11 :00 p.m. to 7:00a.m. the
next day
11 :00 p.m. to 7:00 a.m. the
next day
11 :00 p.m. to 7:00 a.m. the
next day
Bylaw 2021-70
Schedule C
GENERAL EXEMPTIONS
The emission of noise in connection with the following activities are considered
exempt from the provisions of this bylaw:
1.
Emergency measures undertaken for the immediate health, safety or welfare
of the inhabitants for the preservation or restoration of property.
2.
Sirens or noise associated with emergency services, essential service, and all
other activities conducted by the Township, United Counties of Leeds and
Grenville, the Province of Ontario, Government of Canada, any utility provider
or their agents associated with the provisions of maintenance of essential
services.
3.
Construction or demolition being conducted under a building or demolition
permit issued by the Township during permitted hours.
4.
The operation of vehicles, equipment and construction equipment when
utilized for, the clearing of snow from public and private property, street
sweeping and line painting.
5.
Audible pedestrian signals.
6.
The performance of any use permitted in a Commercial or Industrial zone, and
further that the noise generated is pursuant to work done in the normal
manner or in order to maintain continuous operations, and that the work does
not contravene any federal , provincial or municipal laws or regulations.
7.
The performance or activities as part of a normal farm practice and carried on
as part of an agricultural operation.
8.
The use of church bells, chimes or carillons normally associated with religious,
traditional and festive activities and the ringing bells, blowing or sounding of
any horn, yelling , shouting, hooting or hollering at a sanctioned sporting event
during permitted times.
9.
Noise related to activities permitted under a Township approved exemption
application.
10.
Aircraft, airports, trains and railways subject to regulation by the Government
of Canada.
11 .
Motor vehicles being operated on a highway, authorized trail or navigable
body of water.
12.
Activities and noise as part of a community event.
13.
Detonation of fireworks or similar explosive pyrotechnic devices on holidays.
14.
The operations of excavation equipment when used in a cemetery in
conjunction with internment services.
ITEM
1
2
3
4
5
6
7
8
9
10
11
12
13
14
Bylaw 2021 -70
Schedule D
SET FINES
PART 1 - PROVINCIAL OFFENCES ACT
PROHIBIT AND REGULATE NOISE WITHIN THE TOWNSHIP OF
EDWARDSBURGH CARDINAL
SHORT FORM WORDING
PROVISION
SET FINE
CREATING OR
DEFINING OFFENCE
Obstruct or hinder an officer
8.2
$200
performinq their duty
Emit, cause or permit noise from an
s. 2.1, Sch. A (1)
$150
electronic device
Emit, cause or permit noise from any
s. 2.1, Sch. A (2)
$150
construction equipment, engine or
device without exhaust or intake
muffling device
Emit, cause or permit noise from a
s. 2.1, Sch. A (3)
$150
motor vehicle in such a way to rev the
engine
Emit, cause or permit noise from a
s. 2.1 , Sch. A (4)
$150
horn or other warning device
Emit, cause or permit noise from
s. 2.1 , Sch. A (5)
$150
residential domestic activity
Cause or permit the continuous
s. 2.1 , Sch. A (6)
$150
barking, calling or whining
Emit, cause or permit noise from
s. 3.1, Sch. B (1)
$150
construction equipment during
prohibited time
Emit, cause or permit noise from
s. 3.1, Sch. 8(2)
$150
construction equipment during
prohibited time in a Settlement Area
Emit, cause or permit noise from any
s. 3.1, Sch. 8(3)
$150
tool, equipment or appliance during
prohibited time
Emit, cause or permit noise from
s. 3.1, Sch. 8(4)
$150
loading/unloading/handling of material
durinq prohibited time
Emit, cause or permit noise from
s. 3.1 , Sch. 8(5)
$150
electronic device during prohibited time
Emit, cause or permit noise from
s. 3.1, Sch. 8(6)
$150
auditory signaling device during
prohibited time
Emit, cause or permit yelling , shouting,
s. 3.1, Sch. 8(7)
$150
hooting or similar noises during
prohibited time
Note: The general penalty section of the offences indicated above is Section 8 of
Bylaw 2021-70. A certified copy of which has been filed.
Bylaw 2021-70
Schedule E
EXEMPTION APPLICATION
Application for temporary exemption permit to the Noise Bylaw.
Applicant's Name: ___ _____________________ _
Applicant's Address: _______________________ _
Applicant's Phone Number: ____________________ _
Applicant's Email: _____ ___________________ _
Group or Organization: ____ __________________ _
Event Type: __________________________ _
Date & Time of Event: -------- ------- - - ------
(If the event is being held over more than one day, specify times for each day)
Description of Event - Include the source of sound in respect of which the exemption
is being requested :
State the particulate provision or provisions of the bylaw from which the exemption is
being requested :