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unofficial consolidation, the official version is held by the municipal clerk.
This office consolidation is for ease of reference only. Copies of Original and Amending By-laws can be
obtained by contacting the Clerk's Office at 705-424-9917
AMENDING BY-LAWS:
2018-88 - NOVEMBER 2018
2019-71 - SEPTEMBER 2019
2021-36 - SEPTEMBER 15, 2021
THE CORPORATION OF THE TOWNSHIP
OF ESSA
Noise By-law 2018-47 as amended
OFFICE CONSOLIDATION
OFFICE CONSOLIDATION By-law No. 2018-47
As amended by: 2018-88, 2019-71, 2021-36
Page 1 of 11
THE CORPORATION OF THE TOWNSHIP OF ESSA
BY-LAW NO. 2018 - 47
Being a By-law to provide for the Prohibition of Certain
Noises and to repeal By-law 2005-66.
WHEREAS the Municipal Act, 2001 S.O., c.25, Sec.128(1), provides that a local
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 the Municipal Act, 2001 S.O., c.25, Sec.129(1), provides that a municipality
may pass by-laws to prohibit and regulate noise, vibration, odour, dust and outdoor illumination;
and
WHEREAS Council of the Corporation of the Township of Essa enacted By-law 2005-66
on September 21, 2005, to provide for the prohibition of certain noises during restricted times;
and
WHEREAS Council of the Township of Essa deems it necessary and desirable to further
regulate or prohibit unusual noises, or noises likely to disturb the health, safety, normal use and
enjoyment of the inhabitants of the Township;
NOW THEREFORE Council of the Corporation of the Township of Essa hereby enacts
as follows:
1.
DEFINITIONS
"By-law Enforcement Officer" means the Municipal By-law Enforcement Officer
appointed by the Council of the Township of Essa.
"Construction" includes erection, alteration, repair, dismantling, demolition, painting,
moving, structural maintenance, land clearing, earth moving, grading, ploughing,
excavating, the laying of pipe and conduit above or below ground level, street and
highway building, concreting, equipment installation and alteration and the structural
installation of construction components and materials in any form or for any purpose,
and includes any work in connection therewith.
"Construction Equipment" means any equipment or device designed and intended for
use in construction, or material handling, including but not limited to air compressors,
pile drivers, pneumatic or hydraulic tools, bulldozers, tractors, excavators, trenchers,
cranes, derricks, loaders, scrapers, pavers, generators, ploughs, 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 Township of Essa.
"Highway" includes a common and public highway, street, lane, road allowance,
parkway, driveway, bridge, viaduct or trestle designed and intended for the public
passage of vehicles.
"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
OFFICE CONSOLIDATION By-law No. 2018-47
As amended by: 2018-88, 2019-71, 2021-36
Page 2 of 11
steam railways, or other vehicles 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.
"Noise" means unwanted sound including but not limited to those listed in Schedule "A"
attached to this By-law.
"Public Safety" refers to any emergency service such as police, fire or medical services,
and also pertains to municipal road construction and maintenance operations, and
utilities (public or privately owned) including but not limited to snow removal and
dewatering practices.
"Road Service Vehicle" means a vehicle being used for highway maintenance or
construction purposes by or on behalf of the municipality or other authority with
jurisdiction and control of the highway.
"Residential Area" means recreational and private dwellings in the settlement areas of
Angus, Thornton, Baxter, Ivy, Utopia, Egbert or any other built up area.
"Township" means the land within the geographic limit of the Corporation of the
Township of Essa;
2.
GENERAL PROHIBITIONS
2.1
No person shall cause or permit to be caused any unusual noises or sounds, or
excessive noise likely to disturb the inhabitants of the Township of Essa,
including but not limited to the following:
a.
The sounding of a bell, horn, siren, or signaling device for an unnecessary
or unreasonable period of time is prohibited, unless specifically required by
the Occupational Health and Safety Act and Regulations, or other
legislation.
b.
The noise or sound created by the use or operation of any drum, horn, bell,
radio or mechanical loudspeaker, or other instrument or device, electrical
sound-producing or transmitting instrument or apparatus for the purpose of
advertising or for attracting attention to any performance, show or sale or
display of goods, wares or merchandise or which amplifies or projects noise
or sound into any street or other public place is prohibited, unless the
Township has granted specific approval for same.
c.
Unless specific permission is granted by the Township, the sound or noise
from or created by any radio, phonograph, public address system, sound
equipment, loud speaker, or similar device or devices, or any musical or
sound producing instrument, when such device or instrument is played or
operated in such a manner or at such volume as to likely annoy or disturb
the peace, quiet, comfort or repose of any individual in any type of
residence, is prohibited.
d.
Any noise arising from any excavation or construction work whatsoever,
whether caused by a large development or an individual, including the
erection, demolition, alteration or repair of any building, and/or use of
construction equipment, is prohibited between the hours of 8:00 p.m. and
7:00 a.m. Monday through Saturday, or at any time on Sundays or
Designated Public Holidays, except in the case of urgent necessity for
OFFICE CONSOLIDATION By-law No. 2018-47
As amended by: 2018-88, 2019-71, 2021-36
Page 3 of 11
public safety, and then with the approval of the Municipality. Dewatering
equipment used for construction work(s) is exempted provided that the said
equipment is contained in an enclosure that has adequate noise
suppression in place to mitigate such noise(s).
e.
The noise or sound created by the use or operation of any radio or
mechanical loudspeaker or amplifier or other instrument or device or sound-
producing, sound-reproducing, or sound transmitting instrument or
apparatus in or upon any vehicle is prohibited, unless the Municipality has
granted specific approval for same.
f.
The noise or sound caused by the discharge of any gun or other firearm, air
gun and spring-gun or any class or type thereof is prohibited in any of the
built-up or Residential areas of the Municipality. This prohibition shall not
apply to peace officers in the performance of their duties.
g.
The noise or sound caused by excessive yelling, shouting, hooting,
whistling or singing, or excessive sounds generated by a human voice,
which is likely to disturb the peace, quiet, comfort or repose of any
individual in any type of residence is prohibited.
h.
Persistent barking, whining, howling, calling or other similar noise caused
by any domestic pet or any other animal kept or used for any purpose other
than agricultural, which is likely to disturb the peace, quiet or comfort of the
inhabitants, is prohibited.
i.
The grating, grinding or rattling noises or sound caused by condition of
disrepair or maladjustment of any motor vehicle, motorcycle or other
vehicle, or part or accessory thereof is prohibited.
j.
The noise or sound created by the use or operation of a lawnmower,
chainsaw, power tools or any other noise generating domestic tool or
device is prohibited between the hours of 10:00 p.m. of any day and 7:00
a.m. of the following day.
k.
No person shall emit, cause or permit the emission of sound resulting from
any act or similar acts listed in Schedule "A" attached to this By-law during
the prohibited times.
l.
Where approval has been granted by the Municipality and in accordance
with the Township of Essa's Site Alteration and Fill By-law, no person shall
cause or permit to be caused the emission of sound created by the
performance of a site alteration or fill operation Monday through Friday
between the hours of 7:00 p.m. and 7:00 a.m., or at any time on Saturdays,
Sundays or Designated Public Holidays
OFFICE CONSOLIDATION By-law No. 2018-47
As amended by: 2018-88, 2019-71, 2021-36
Page 4 of 11
3.
EXEMPTIONS
3.1
Notwithstanding any other provision of this By-law, this By-law:
a.
Does not apply to the performance of any use permitted in an Industrial
Zone as set out in any By-law in force from time to time passed pursuant to
s. 34 of the Planning Act, R.S.O. 1990, p.13, or any predecessor or
successor of that section, and further that the noise generated is pursuant
to work done in the normal manner, and that the work does not contravene
any federal or provincial laws or regulations.
b.
Does not apply to a person or agricultural operation that emits, causes or
permits the emission of sound or vibration in connection with an established
agricultural function.
c.
Does not apply to a commercial procedure that emits, causes or permits the
emission of sound or vibration in connection with an established
commercial operation.
d.
Does not apply to any military or other band or to a parade operating under
written approval from the Municipality.
e.
Does not apply to an emergency vehicle of the police or fire department of
the municipality, or any ambulance, public service, municipal operation,
road service vehicle, private or public utility or emergency vehicle while
responding to an emergency or carrying out their duties for the purposes of
public health and safety.
f.
Does not apply to noise emitted by the use of vehicles or equipment utilized
for the clearing of snow from public and private property.
g.
Does not apply to noise related to the delivery of goods to the following
destinations:
1.
Retail business establishments;
2.
Restaurants, including cafes and bars;
3.
Hotels and motels; and
4.
Good Distributions facilities
3.2
No person shall cause or permit sound from the operation of a combustion
engine in conjunction with the reasonable use of any amusement ride at a fair or
event within the restricted hours except with permission (written approval) from
the Municipality.
3.3
None of the provisions of this By-law shall apply to the use in a reasonable
manner of any apparatus or mechanism for the amplification of the human voice
or of music in a public park or any other large open space in connection with any
public election meeting, public celebration or other lawful gathering within the
times specified in Schedule "A" attached, and provided written approval of the
Municipality has first been obtained.
3.4
Permanent or temporary premises which are licensed for the sale of alcoholic
beverages will be governed by the permitted hours of sale in accordance with the
terms of their liquor license and business permits, where applicable. This
restriction applies to indoor or outdoor establishments.
OFFICE CONSOLIDATION By-law No. 2018-47
As amended by: 2018-88, 2019-71, 2021-36
Page 5 of 11
4.
APPLICATION FOR EXEMPTION FROM COUNCIL
4.1
Upon receipt of a written request, Council may, by Resolution, grant an
exemption to provisions of this By-law for a specified period of time, up to a limit
of six months, subject to such terms and conditions as are deemed advisable.
The request shall include:
a.
the name and address of the applicant;
b.
a description of the source of the sound in respect of which an exemption
is being sought;
c.
the period of time for which the exemption is being sought;
d.
the reasons why an exemption is being sought.
4.2
Such request shall be accompanied by proof of publication, within the preceding
ten days, in a newspaper of general circulation within the applicable service area
of the Township of Essa, of a notice of intention to apply for an exemption to this
by-law, containing the information required in clauses (i) through (iv) above, and
stating the date upon which the application to Council is intended to be made in
order to provide public comment on the request.
4.3
A copy of the request shall be provided to the Municipal Law Enforcement Officer
who will conduct a site inspection and prepare a report to Council which includes
details of any complaint history or corrective measures to be taken.
4.4
In deciding whether to grant the exemption, Council will review the request, the
staff report, and any written submissions, and will provide the applicant and any
person opposed an opportunity to speak in accordance with Council's Procedure
By-law.
4.5
Where an exemption is granted, any breach of the terms or conditions renders
the exemption null and void.
5.
ENFORCEMENT AND PENALTIES
5.1
Every person who contravenes a section of this By-law is, upon conviction, guilty
of an offence and subject to a penalty as provided under the Provincial Offences
Act.
5.2
Each new day of a continuing offence will be considered a new offence and
punishable for each day the violation continues.
5.3
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, and such order shall be in
addition to any other penalty imposed on the person convicted.
6.
GENERAL PROVISIONS
OFFICE CONSOLIDATION By-law No. 2018-47
As amended by: 2018-88, 2019-71, 2021-36
Page 6 of 11
6.1
If any court of competent jurisdiction finds that any sections or provisions of this
By-law, or parts thereof, are ultra vires, or are invalid for any reason, such
section or provision shall be deemed to be severable and shall not invalidate any
of the other sections or provisions of the By-law which are separate and
independent from each other and shall remain in full force and effect.
6.2
Where the context permits, words importing the singular also include more than
one person, party or thing of the same kind.
6.3
The word "may" shall be construed as permissive and the word "shall" shall be
construed as imperative.
6.4
That By-law 2005-66 be and is hereby repealed.
6.5
The short form title of this By-law shall be The Township of Essa "Noise By-law".
READ A FIRST, AND TAKEN AS READ A SECOND AND THIRD TIME AND FINALLY
PASSED on this the 6th day of June, 2018.
_________________________________________
Terry Dowdall, Mayor
_________________________________________
Lisa Lehr, Clerk
OFFICE CONSOLIDATION By-law No. 2018-47
As amended by: 2018-88, 2019-71, 2021-36
Page 7 of 11
TOWNSHIP OF ESSA BY-LAW NO. 2018-47
SCHEDULE 'A'
TIME PROHIBITIONS
Prohibited Activity
Prohibited Period of Time
1.
Discharge of firearms in residential area.
All times
2.
Persistent barking, whining, howling, calling or other similar
noise caused by any domestic pet or any other animal kept or
used for any purpose other than agricultural.
All times
3.
The operation of a combustion engine which is used in, or is
intended for use, in a toy or a model or replica of any device,
which model or replica has no function other than amusement
and which is not a conveyance.
All times
4.
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.
11 p.m. to 7 a.m.
5.
The operation of any auditory signaling device, including but
not limited to the ringing of bells or gongs, the playing of
music, and the blowing of horns, sirens, whistles or the
production, reproduction or amplification of any similar
sounds by electronic means except where required or
authorized by law or in an accordance with public safety
practices.
11 p.m. to 7 a.m.
6.
The operation of any motorized conveyance other than on a
highway or other place intended for its operation including all
Commercial vehicles over one ton, except for limited
designated deliveries.
11 p.m. to 7 a.m.
7.
Excessive yelling, shouting, hooting, whistling or singing.
All times
8.
Loading, unloading, delivering, packing, unpacking, or
otherwise handling any containers, products, materials, or
refuse whatsoever, unless necessary for essential services,
designated industrial uses, public safety or the moving of
private household effects.
8 p.m. to 7 a.m.
9.
The operation of any equipment in connection with
construction.
8 p.m. to 7 a.m. Monday
through Saturday
At no time on Sundays or on
Designated Holidays
10. Site alteration or fill operation pursuant to Essa's Site
Alteration and Fill By-Law
7:00 p.m. and 7:00 a.m.
Monday through Friday
At no time on Saturdays,
Sundays
or
Designated
Public Holidays.
11. The operation or use of any tool, machine or motor for
domestic purposes other than snow removal
10 p.m. to 7 a.m.
OFFICE CONSOLIDATION By-law No. 2018-47
As amended by: 2018-88, 2019-71, 2021-36
Page 8 of 11
Prohibited Activity
Prohibited Period of Time
12. Cause or allow the emissions of any unreasonable or unusual
noise or vibration by means of the use of operation of any
electrical
motor,
electrical,
mechanical,
hydraulic
or
pneumatic device, internal combustion engine or other
mechanical or like device within a residential area.
10 p.m. to 7 a.m.
OFFICE CONSOLIDATION By-law No. 2018-47
As amended by: 2018-88, 2019-71, 2021-36
Page 9 of 11
Corporation of the Township of Essa
By-law 2018-47
Noise Control By-law
PART 1 PROVINCIAL OFFENCES ACT
ITEM
COLUMN 1
Short Form Wording
COLUMN 2
Provision for
Creating or Defining
Offence
COLUMN 3
Set Fine
1.
Cause or permit unusual or excessive
sound from a bell, horn, siren or
signaling device
2.1 (a)
$100.00
2
Cause or permit unusual or excessive
sound created by the use or operation
of any drum, horn, bell, radio or
mechanical loudspeaker, electrical
sound-producing or transmitting
instrument or apparatus.
2.1 (b)
$100.00
3.
Cause or permit unusual or excessive
sound from any radio, phonograph,
public address system, sound
equipment, loud speaker, or similar
device, or any musical or sound
producing instrument during.
2.1 (c)
$100.00
4.
Cause or permit sound from
excavation or construction work during
prohibited hours
2.1 (d)
$100.00
5.
Cause or permit sound from use or
operation of mechanical loudspeaker
or amplifier or other device or sound-
producing, sound-reproducing or
sound-transmitting instrument or
apparatus in or upon any vehicle.
2.1 (e)
$100.00
6.
Cause or permit sound caused by the
discharge of any gun or other firearm,
air gun and spring-gun, or any class or
type thereof in any built-up or
residential areas of the municipality
2.1 (f)
$100.00
7.
Cause or permit sound by excessive
yelling, shouting, hooting, whistling or
singing.
2.1 (g)
$100.00
8.
Cause or permit persistent barking,
whining, howling, calling or other
similar noise caused by any domestic
pet or any other animal kept or used
for any purpose other than agricultural
2.1 (h)
$100.00
9.
Cause or permit sound grating,
grinding, rattling noises caused by
motor vehicle, motorcycle or other
vehicle.
2.1 (i)
$100.00
ITEM
COLUMN 1
COLUMN 2
COLUMN 3
OFFICE CONSOLIDATION By-law No. 2018-47
As amended by: 2018-88, 2019-71, 2021-36
Page 10 of 11
Short Form Wording
Provision for
Creating or Defining
Offence
Set Fine
10.
Cause or permit sound from operation
of lawnmower, chainsaw, power tools,
or any other noise generating domestic
tool or device during prohibited hours.
2.1 (j)
$100.00
11.
Cause or permit sound from site
alteration or fill operations during
prohibited hours.
2.1 (l)
$100.00
12.
Cause or permit sound from the
operation of a combustion engine
3.2
$100.00
NOTE: The Penalty Provision for the offences indicated above is Section 5 of By-law
2018-47, a certified copy of which has been filed, and s. 61 of the Provincial Offences Act,
R.S.O., 1990, c. P. 33.