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Noise Control By-law 2022-23
1
THE CORPORATION OF THE MUNICIPALITY OF FRENCH RIVER
BY-LAW 2022-23
BEING A BY-LAW TO PROHIBIT AND REGULATE NOISES IN
THE MUNICIPALITY OF FRENCH RIVER
WHEREAS authority is granted to the councils of all municipalities under Section 129 (a)(b) of the Municipal
Act, 2001, S.O. 2001, c. 25, to prohibit and regulate noises likely to disturb the inhabitants within the
Municipality of French River;
AND WHEREAS the Municipal Council deems it expedient to pass a by-law to prohibit and regulate noise;
NOW THEREFORE the Council of the Corporation of the Municipality of French River enacts as follows:
SECTION I - SHORT TITLE:
1.1
This By-Law may be cited as the "Noise Control By-Law".
SECTION II - DEFINITIONS AND INTERPRETATION
2.1
In this By-Law,
"Audio Device" means a radio, stereo, CD player, MP3 player, television, public address system or
other similar electronic device capable of emitting sounds, but does not include a two-way radio,
weather radio or a device that can only be heard by using earphones/headphones;
"Authorized Emergency Vehicle" means any ambulance or hearse, any vehicle of the fire department,
any vehicle of the provincial or federal police, any vehicle (including a snow plough) operated by or for
the Municipality or a 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 Municipality;
"Clearly Audible" means that sound from the source in question is easily perceptible without undue
effort, to a disinterested person with no hearing disability;
"Construction" means 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;
"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, derrick loaders, scrapers, pavers,
generators, off-highway haulers or trucks, ditchers, compactors and rollers, pumps, concrete mixers,
graders or other material handling equipment;
"Council" means Council of the Municipality of French River;
Noise Control By-law 2022-23
2
"Emergency" means a sudden and unexpected occurrence demanding immediate action to prevent
possible injury, loss of life or substantial property damage;
"Excessive" in reference to barking, howling, whining, squawking, or other sound-making by an animal
or bird. Has the same meaning as persistent;
"Fireworks" mean display fireworks, family fireworks, theatrical fireworks and prohibited fireworks.
a)
Display fireworks means high-hazard fireworks for recreation that are classified Class 7,
Division 2, Subdivision 1 under the Explosive Act as amended. The explosives regulations
made thereunder, and includes, but are not limited to, rockets, serpents, shells, bombshells,
tourbillion, maroons, large wheels, bouquets, barrages, bombardos, waterfalls, fountains,
batteries, illuminations, set pieces and kitchens.
b)
Family fireworks means low-hazard fireworks for recreation that are classified under Class 7,
Division 2, Subdivision 2 of the Explosives Act as amended, and the explosives regulations
made under, and includes but is not limited to, firework showers, fountains, golden rain, lawn
lights, pinwheels, roman candles, volcanoes, sparklers and other similar devices, but does not
include Christmas crackers, and paper containing not more than 25/100 grain of explosives on
average per cap, devices for use with such caps, safety flares or marine rockets.
c)
Prohibited fireworks includes but is not limited to firecrackers, cigarette loads or kings,
exploding matches, sparkling matches, ammunition for miniature tie clip, cuff link, or keychain
pistols, auto alarms or jokers, cherry bombs, M-80 and silver salutes and flash crackers; throw
down and step on torpedoes, and crackling balls; exploding golf balls, stink bombs and smoke
bombs, tear gas pens and launchers, party peppers and table bombs, table rockets and battle
sky-rockets, fake firecrackers and other trick devices or practical jokes, as included in the list
of Prohibited Fireworks as published from time to time under the Explosives Act as amended.
d)
Theatrical fireworks means an authorized explosive of a class set out in Section 6 of the
Explosives Act, Explosives Regulations (C.R.C. c. 599), that is made, manufactured or used to
produce a pyrotechnic theatrical effect in connection with a motion picture, theatre or
television production or as a performance before a live audience.
"Firecracker" means a pyrotechnic that explodes when ignited and does not make any subsequent
display or visible effect after the explosion but does not include paper caps containing less than
25/100 of a grain of explosives on average per cap, devices for use of such caps, safety flares or
marine rockets;
"Manufacturing Industry" means the manufacturing goods from raw materials;
"Motor vehicle racing" means the operation of a motor vehicle over a set course, whether in
competition with other vehicles, for racing, training, lapping, testing or instructional purposes, for
recreational purposes, or for any other purpose and includes any warm up or testing done on the premise
in preparation for such operation of a Motor Vehicle;
"Motorized Vehicle" means an automobile, motorcycle, and any other vehicle propelled or driven
otherwise than by muscular power or wind; 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 as amended;
Noise Control By-law 2022-23
3
"Municipality" means the land within the geographic limit of the Corporation of The Municipality of
French River;
"Municipal Law Enforcement Officer (MLEO)" means an officer appointed by the Council of the
Municipality to enforce the Municipality's by-laws;
"Noise" means unwanted sound. For the purpose of this by-law, sound in excess of the limits or
specifically prohibited herein is defined to be noise,
"Persistent" in reference to barking, howling, whining, squawking or other sound-making by an animal
or bird means continuously or intermittently for an aggregate period of at least 10 minutes out of any 60-
minute period;
"Person" includes any individual, corporation, partnership, company, association or party and the heirs,
executors, administrators, or other legal representative of such person, to whom the context can apply
according to law, shall include any group of persons comprising a society or other organization and shall
include the plural wherein the context requires;
"Place of worship" means a building dedicated to religious worship and includes a church, synagogue,
temple, mosque, monastery or convent;
"Point of Reception" means any point on the premises of a person where sound or vibration originating
from other than those premises is received;
"Property" means a building or structure or part of a building or structure and includes the lands
appurtenant thereto and all mobile homes, mobile buildings or mobile structures and vacant land;
"Quiet Zone" means an area in the municipality where quiet is of particular importance and as more
particularly designated in Schedule "B";
"Residential Area" means any property within the municipality which is zoned for residential uses by
an applicable zoning by-law or which is used in whole or in part for human habitation, in accordance
with the zoning of the property or where human habitation is a legal non- conforming use.
SECTION III - PROHIBITIONS
3.1
No person shall cause or permit the creation of any noise or unusual sound that disturbs or are likely to
disturb any inhabitant of the Municipality as outlined in Schedule "A" attached.
SECTION IV - EXEMPTIONS
4.1
None of the provisions for this by-Law shall apply to:
(a)
The use in a reasonable manner, any apparatus or mechanism for the amplification of the human
voice or music, in a public park or any other commodious space in connection with any public
election meeting, public celebration or other reasonable gathering, provided written permission
from the Municipality has first been obtained.
Noise Control By-law 2022-23
4
(b)
Necessary municipal or public utility operations carried out in the interest of public necessity and
convenience, including but not limited to snow clearing and snow removal, street cleaning, and
garbage collection, undertaken by or on behalf of the Municipality.
(c)
Any authorized emergency vehicle or service animal of the Police or Fire Department, the
Municipality or its agents, any ambulance or any public service or emergency vehicle while
answering a call.
(d)
The use in a reasonable manner of vehicles and equipment when utilized for the clearing and
removal of snow from private property.
(e)
Noise resulting from the measures undertaken in an emergency.
(f)
Any military or other band or any parade operating under written permission obtained from the
Municipality.
(g)
The ringing of church bells, school bells or the sounding of a public-address system on school
property in connection with normal operation of educational institutions during regular business
hours and / or during school or church authorized activities.
(h)
Signaling devices utilized as traffic and pedestrian control devices at intersections and crosswalks
(i)
Any sound arising from the operation of any railway operated under the Railway Act of Canada as
amended.
(j)
All licensed commercial forestry operations including sawmills.
(k)
Activities of a Normal Farm Practice carried out as part of an Agricultural Operation, as defined in
the Farming and Food Production Protection Act 1998, SO 1998 as amended or any successor
legislation and located on a property zoned for agricultural purposes in accordance with the
Municipal Zoning By-law as amended.
(l)
Any noise necessary to the operation of equipment on designated industrial sites in accordance
with the Municipal Zoning By-law as amended between the hours listed in Schedule "A".
(m) Noises resulting from reasonable construction and maintenance operations between the hours listed
in Schedule "A".
(n)
Generators producing electricity during power outages ONLY at permanent residences or
businesses.
SECTION V - APPLICATION TO COUNCIL FOR EXEMPTION
5.1
Notwithstanding any other provisions of this By-law, any person may make application to Council to be
granted an exemption from any of the provisions of this By-law with respect to any source of noise or
vibration for which they might be prosecuted. Council, by resolution, may refuse to grant any exemption
or agree to grant lesser exemption and any exemption granted shall specify the time period, not in excess
of six months, during which it is effective and may contain such terms and conditions as Council see
fits.
Noise Control By-law 2022-23
5
5.2
The application shall contain:
(a)
The name and address of the applicant;
(b)
A description of the noise in respect of which the exemption is being sought;
(c)
The period of time and date(s) for which the exemption is being sought.
(d)
Payment of any applicable fees as set out in the Municipality's Fees and Charges By-law.
5.3
The application must be submitted to By-law services no later than sixty (60) days before the event.
5.4
By-law services will review and comment on the application and present it to Council with
recommendations.
5.5
In deciding whether to grant the exemption, Council shall give the applicant and any person opposed to
the application an opportunity to be heard and may consider such other matters as it sees fit.
5.6
Breach by the applicant of any of the terms or conditions of any exemption granted by Council shall
render the exemption null and void.
SECTION VI - ADMINISTRATION & ENFORCEMENT
6.1
This By-law shall be administered and enforced by the MLEO of the Municipality or such other person
or persons as Council may, by By-law, appoint. Nothing herein shall be deemed to limit the ability of
the Ontario Provincial Police or any police force with sufficient jurisdiction to enforce this By-law at
any time.
6.2
Any MLEO may enter on any property at any reasonable time for the purpose of carrying out an
inspection to determine whether the provisions of this By-law have been complied with.
SECTION VII - OFFENCES
7.1
Every person who contravenes any provision of this By-Law is guilty of an offence and upon conviction
is liable to a fine pursuant to the provisions of the Provincial Offences Act, R.S.O. 1990, c. P. 33.
7.2
Upon registering a conviction for a contravention of any provision of this By-Law, the Provincial
Offences Court may, in addition to any other remedy and to any penalty imposed by this By-Law, make
an order prohibiting the continuation or repetition of the offence by the person convicted.
7.3
No person shall hinder or otherwise obstruct, nor attempt to hinder or obstruct, either directly or
indirectly, an Officer, an employee and/or agent of the Municipality in the lawful exercise of a power or
duty under this By-Law.
7.4
The Administrative Monetary Penalty System By-law applies to each administrative penalty issued
pursuant to this By-law.
7.5
Each person who contravenes any provision of this By-Law shall, upon issuance of a Penalty Notice in
accordance with the Administrative Monetary Penalty System By-law, be liable to pay to the
Municipality an administrative monetary penalty.
Noise Control By-law 2022-23
7
SCHEDULE "A"
NOISE CONTROL BY-LAW 2022-23
MUNICIPALITY OF FRENCH RIVER
PROHIBITIONS - TIME AND PLACE
Whenever times are named in this By-Law, they shall mean Standard time or Daylight Savings Time,
whichever is in official current use in the Municipality.
Quiet Zones
Residential (WR, R1, R2,
R3)
All Other Zones
Item
Prohibited Act
Monday
- Friday
and non-
holidays
Saturday
Sunday
and
Statutory
Holidays
Monday -
Friday and
non-
holidays
Saturday
Sunday
and
Statutory
Holidays
Monday -
Friday
and non-
holidays
Saturday
Sunday and
Statutory
Holidays
1.
The operation of any auditory signaling
device including but not limited to ringing
of bells, gongs, sirens, horns, whistles,
motor vehicle horn or other warning
device and the production or reproduction
of any similar sound by electronic means
except where authorized or required by
law.
At any
time
At any
time
At any time
At any
time
Between
9:00 pm to
7:00 am
the next
day
Between
9:00 pm to
9:00 am the
next day
2.
Excessive noises made by a human. This
shall include noise arising from the
banging of drums or another unamplified
musical instrument.
At any
time
At any
time
Between
9:00 pm to
7:00 am the
next day
Between
9:00 pm to
9:00 am
the next
day
Between
11:00 pm
to 7:00 am
the next
day
Between
11:00 pm to
9:00 am the
next day
3.
Racing of a motor vehicle other than in a
municipally approved racing event.
At any
time
At any
time
At any time
At any
time
At any
time
At any time
4.
Operation of any combustion engine or
pneumatic device or construction
equipment without an effective exhaust or
intake muffling device in good working
order and in constant operation. This will
include but not be limited to the operation
of a motor vehicle, off-road vehicle,
motorized snow vehicle or other similar
motorized conveyance for recreational
purposes.
At any
time
At any
time
At any time
At any
time
At any
time
At any time
5.
Operation of a vehicle or a vehicle with a
trailer resulting in banging, clanking,
squealing or other like sound due to
improperly secured load or equipment or
inadequate maintenance.
At any
time
At any
time
At any time
At any
time
At any
time
At any time
6.
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 (also known as
idling), unless:
a.
the original equipment
manufacturer specifically
recommends a longer idling period
for normal and efficient operation
of the motor vehicle in which case
At any
time
At any
time
At any time
At any
time
Between
9:00 pm to
7:00 am
the next
day
Between
9:00 pm to
9:00 am the
next day
Noise Control By-law 2022-23
8
such recommended period shall
not be exceeded; 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-mixed 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; or
d. prevailing low temperatures make
longer idling periods necessary
immediately after starting the
motor or engine; or
e.
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.
7.
Operation of any electronic device or
group of connected electronic devices
incorporation one or more loudspeakers or
other electro-mechanical transducers and
intended for the production, reproduction
or amplification of sound in a stationary
installation or in a motor vehicle.
At any
time
At any
time
Between
11:00 pm to
7:00 am the
next day
Between
11:00 pm
to 9:00 am
the next
day
Between
11:00 pm
to 7:00 am
the next
day
Between
11:00 pm to
9:00 am the
next day
8.
Operation of a generator persistently
unless;
a.
recharging an off-grid, solar
system or equivalent;
b. they are producing electricity for a
residence or business during a
power outage.
Between
7:00 pm
to 7:00
am the
next day
Between
7:00 pm to
9:00 am
the next
day
Between
7:00 pm to
7:00 am the
next day
Between
7:00 pm to
9:00 am
the next
day
Between
11:00 pm
to 7:00 am
the next
day
Between
11:00 pm to
9:00 am the
next day
9.
Excessive barking, calling, whining,
squawking or other similar noise making
by any domestic pet or any other animal or
bird kept or used for any purpose other
than agricultural or other authorized work.
At any
time
At any
time
At any time
At any
time
At any
time
At any time
10.
Noises or sounds created by the repairing,
wrecking, dismantling or modifying of any
vehicle, motor, machine or any part or
parts.
At any
time
At any
time
Between
9:00 pm to
7:00 am the
next day
Between
9:00 pm to
9:00 am
the next
day
Between
9:00 pm to
7:00 am
the next
day
Between
9:00 pm to
9:00 am the
next day
11.
Noises arising out of any manufacturing
industry which has the effect of disturbing
the repose of any person, unless
permission has been granted by Council.
At any
time
At any
time
Between 7
pm to 7 am
the next day
Between 7
pm to 7 am
the next
day
Between 7
pm to 7 am
the next
day
Between 7
pm to 7 am
the next day
Noise Control By-law 2022-23
9
12.
Operation of an engine which,
(i) is, or
(ii) is used in, or
(iii) is intended for use in, a toy,
model, drone or replica of any
device which model or replica has
no function other than
amusement, and which is not a
conveyance.
At any
time
At any
time
At any time
At any
time
Between
9:00 pm to
7:00 am
the next
day
Between
9:00 pm to
9:00 am the
next day
13.
Operation of any equipment in connection
with construction
Between
7:00 pm
to 7:00
am the
next day
Between
7:00 pm to
9:00 am
the next
day
Between
7:00 pm to
7:00 am the
next day
Between
7:00 pm to
9:00 am
the next
day
Between
9:00 pm to
7:00 am
the next
day
Between
9:00 pm to
9:00 am the
next day
14.
Operation of any tool or powered device
such as but not limited to a lawnmower,
chain saw, generator or pressure washer
for domestic purposes other than snow
removal.
Between
9:00 pm
to 7:00
am the
next day
Between
9:00 pm to
9:00 am
the next
day
Between
9:00 pm to
7:00 am the
next day
Between
9:00 pm to
9:00 am
the next
day
Between
11:00 pm
to 7:00 am
the next
day
Between
11:00 pm to
9:00 am the
next day
15.
Noise associated with loading, unloading,
delivery, packing, unpacking or otherwise
handling of any containers, products,
materials, or refuse, whatsoever, unless
necessary for the maintenance of essential
services or the moving of private
household effects.
Between
7 pm to 7
am the
next day
Between 7
pm to 7 am
the next
day
Between 7
pm to 7 am
the next day
Between 7
pm to 7 am
the next
day
Between
11:00 pm
to 7:00 am
the next
day
Between
11:00 pm to
9:00 am the
next day
16.
Discharge of a firearm.
At any
time
At any
time
At any time
At any
time
Between
9:00 pm to
7:00 am
the next
day*
Between
9:00 pm to
9:00 am the
next day*
17.
Detonation of fireworks.
At any time except:
(a)
after 7:00 pm and before 11:00 pm and one of the following:
-
the two (2) days immediately preceding and one (1) day following
Victoria Day
-
the two (2) days immediately preceding and one (1) day following Canada
Day
-
the two (2) days immediately preceding and one (1) day following July 4th
-
the two (2) days before the Civic Holiday and the one (1) day following
(b)
until 12:00 midnight on New Year's Eve and until 12:30 am on New
Year's Day
(c)
any other days and times authorized by resolution of Council
18.
Unusual noise or noises likely to disturb
the inhabitants of the Municipality.
At any
time
At any
time
At any time
At any
time
At any
time
At any time
* Provincial/Federal legislation supersedes the provisions outlined in this By-Law relating to prohibited times for the discharge of
firearms.
Noise Control By-law 2022-23
10
SCHEDULE "B"
NOISE CONTROL BY-LAW 2022-23
MUNICIPALITY OF FRENCH RIVER
QUIET ZONES
SCHOOLS
École Secondaire de la Rivière-des-Français (Noëlville)
École St. Antoine (Noëlville)
Monetville Public School (Monetville)
PLACE OF WORSHIP
Calvary Mennonite Church (Monetville)
Paroisse Notre Dame de Lourdes (Alban)
Paroisse St. David (Noëlville)
PUBLIC PARKS/BALLFIELDS/PLAYGROUNDS
Alban Community Centre Playing Fields
Alban Community Splash Pad
Joe Chartrand Park (Noëlville)
Noëlville Community Centre Playing Fields
The Scollard Discovery Park (Noëlville)
Verchères St. Parkette (Noëlville)
Parc Wally Lamondin Park (Alban)
CEMETERIES
Notre Dame de Lourdes Cemetery (Alban)
St. David Cemetery (Noëlville)
Noise Control By-law 2022-23
11
SCHEDULE "C"
NOISE CONTROL BY-LAW 2022-23
MUNICIPALITY OF FRENCH RIVER
SPECIAL EVENTS
Volunteer Appreciation Night
Canada Day Celebrations
Emergency Preparedness Week
Noëlville Family Hockey Tournament
Family Baseball Tournament
Christmas Parade
Rubber Boots Festival
CP Holiday Train
Noise Control By-law 2022-23
12
SCHEDULE "D"
NOISE CONTROL BY-LAW 2022-23
MUNICIPALITY OF FRENCH RIVER
PART 1 - PROVINCIAL OFFENCE ACT FINES
ITEM COLUMN 1
SHORT FORM WORDING
COLUMN 2
PROVISION
CREATING OR
DEFINING OFFENCE
COLUMN 3
SET FINE
1.
Cause/allow noise from the operation of an auditory
signaling device.
Section 3.1 Sch A(1)
$125.00
2.
Cause/allow excessive noise made by a human.
Section 3.1 Sch A(2)
$125.00
3.
Cause/allow prohibited racing.
Section 3.1 Sch A(3)
$200.00
4.
Cause/allow the operation of an engine without muffling
device.
Section 3.1 Sch A(4)
$125.00
5.
Cause/allow noise from a motorized vehicle or part.
Section 3.1 Sch A(5)
$125.00
6.
Cause/allow excessive noise from idling
Section 3.1 Sch A(6)
$125.00
7.
Cause/allow the use of an electronic audio device during
prohibited hours.
Section 3.1 Sch A(7)
$125.00
8.
Cause/allow noise from use of generators excessively
Section 3.1 Sch A(8)
$125.00
9.
Allowing persistent noise from a domestic animal
Section 3.1 Sch A(9)
$125.00
10.
Cause/allow excessive noise while repairing machinery.
Section 3.1 Sch A(10)
$125.00
11.
Cause/allow excessive noise from any manufacturing
industry.
Section 3.1 Sch A(11)
$300.00
12.
Cause/allow excessive noise from a model, toy or drone.
Section 3.1 Sch A(12)
$85.00
13.
Cause/allow noise from a construction operation.
Section 3.1 Sch A(13)
$300.00
14.
Cause/allow noise operating a domestic tool or device.
Section 3.1 Sch A(14)
$85.00
15.
Cause/allow noise from Loading or delivering items outside
of allowed hours
Section 3.1 Sch A(15)
$85.00
16.
Cause/allow the discharge of a firearm.
Section 3.1 Sch A(16)
$300.00
17.
Cause/allow the discharge of fireworks when prohibited.
Section 3.1 Sch A(17)
$300.00
18.
Cause/allow unusual noise.
Section 3.1 Sch A(18)
$300.00
NOTE: Penalty Provisions for the offences indicated above is Section 7 of the By-law 2022-23, a certified copy
of which has been filed.
Noise Control By-law 2022-23
13
SCHEDULE "E"
NOISE CONTROL BY-LAW 2022-23
MUNICIPALITY OF FRENCH RIVER
NOISE CONTROL POLICY
All property owners are required to limit noise according to standards set in the "Noise Control By-law".
When a complaint is received, an MLEO will investigate to determine if a violation exists. If a violation is
found, the MLEO can issue a fine advising the owner of the violation and requiring that it be remedied.
This by-law will not be used to resolve issues between neighbours.
In view of the fact that the Municipality of French River has many diverse neighborhoods such as village areas,
waterfront residential, waterfront commercial, farmland and rural residential, enforcement will have to be done
with some discretion taking into consideration the complainant, the geographic location of the property in
question, the size of the property in question, the type of property in question (farmland vs urban lot) and the
effect of the infraction on adjacent properties and the general well-being of the residents of the area, and the
Municipality. As the complaints and investigations become more numerous, past practice data as well as the
consistent application of the policy will become more evident and will act as a guide in the application of the
by-law.
This information is for convenience and quick reference only. For specific information, contact the
Municipal Office.