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THE CORPORATION OF THE TOWNSHIP OF FRONT OF YONGE
BY-LAW#22-11
BEING A BY-LAW TO PROHIBIT AND TO REGULATE NOISE
WITHIN THE TOWNSHIP OF FRONT OF YONGE
WHEREAS the Municipal Act R.S.O. 2001, c. M.25, Section 128 provides that a
municipality may prohibit and regulate with respect to public nuisances that are or cause
public nuisances.
AND WHEREAS the Municipal Act R.S.O. 2001, c. M.25 section 129 provides that a
municipality may prohibit and regulate with respect to noise, vibration, odour, dust and
outdoor illumination.
AND WHEREAS the Council of The Corporation of the Township of Front of Yonge
deems it expedient to regulate noise.
NOW THEREFORE the Council of The Corporation of the Township of Front of
Yonge enacts as follows:
DEFINITIONS
For the purpose of this By-law,
By-law Enforcement Officer shall mean a person or persons appointed by The
Corporation of the Township of Front of Yonge to enforce the provisions of this By-law;
Construction shall mean the 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 component and materials in any form or for any purposes, and
includes any work in connection therewith;
Construction Equipment shall mean 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, off-way haulers, trucks, ditches,
compactors and rollers, pumps, concrete mixers, graders, or other material handling
equipment;
Clearly Audible shall mean a noise level that a reasonable person would, in all of the
circumstances, consider to be excessive, or unnecessary, or intrusive, or disturbing or
unacceptable;
Council shall mean the Council of The Corporation of the Township of Front of Yonge;
Emergency Vehicle shall include ambulance, fire, police department vehicles and a
motor vehicle being used to respond to an emergency;
Livestock shall mean, but is not limited to chickens, turkey or other fowl, swine, goats,
sheep, or cattle;
Motor Vehicle shall mean a vehicle or any other device employed to transport a person
or person or goods from place to place propelled, driven or drawn by any means other
than by muscular, gravitational or wind power, including but not limited to motor vehicle,
motorcycle, motorized snow vehicle, motor assisted bicycle, trailer, farm tractor, road
building machine;
Municipal/Utility Service Vehicle shall mean a vehicle operated by or on behalf of the
Township or any other company or agency that supplies or manages a utility within the
Township while the vehicle is being used for the construction, repair or maintenance of a
highway, including the clearing and removal of snow, the construction, repair or
maintenance of a utility, the collection or transportation of waste, or other municipal
purpose.
Noise shall mean sound that is unusual or excessive, or that is unwanted by or disturbing
to persons;
Other Areas shall mean any point on a premises where noise from other than those
premises is received;
Point of Reception shall mean any point on a premises where noise from other than
those premises is received;
Residential Area shall mean any area of the Municipality that is zoned residential in the
Zoning By-law of the municipality;
Utility means a system that is used to provide a utility service to the public, including
water, sewage, electricity, gas, communications networks and cable services.
1.0
General Prohibitions
1. No person shall within the Township of Front of Yonge ring any bell,
blow any horn, shout or make any other unusual noise in the streets or
public places or so near thereto as shall be calculated to disturb the
inhabitants of the area of subject to public annoyance or inconvenience, or
being the owner of any animal or owner or operator of a noise producing
apparatus, permit such animal or apparatus to emit or produce such noise.
2. For the purposes of Section 2 hereof, the following noises or sounds,
among others, shall be deemed to be unusual noises which disturb
inhabitants:
a.
Racing a motor vehicle other than in a racing event regulated by
by-law;
b.
The operation of a motor vehicle in such a way that the tires
squeal;
c.
The operation of any combustion engine or pneumatic device
without an effective exhaust or intake muffling device in
good working order;
d.
The operation of a motor vehicle resulting in banging, clanking,
squealing or other like sounds;
e.
The operation of an engine or motor, or on, any motor vehicle or
type of attached auxiliary equipment for a continuous period
exceeding five minutes, while such vehicle is stationery in a
residential area unless:
i.
The original equipment manufacturer specifically
recommends a longer idling period of normal and efficient
operation of the motor vehicle in which case such
recommended period shall not be exceeded;
ii.
The operation of such engine or motor is essential to a
basic function of the vehicle or equipment, including but
not limited to operation of a ready-mix concrete truck, lift
platforms, or refuse compactors and heat exchange systems
normal operation;
iii.
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;
iv.
Prevailing low temperatures make longer idling periods
necessary immediately after starting the motor or engine;
v.
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.
f.
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 of amplification of sound in such a manner as to
disturb the peace and comfort of a person or persons at the point of
reception.
g.
The sounds of any bell, steam or air whistle, horn, siren or signal
device on or off a vehicle.
h.
The selling or advertising by shouting, or loud speaking;
i.
The sounds of keeping of any animal or bird;
j.
Persistent yelling and shouting, whistling, singing.
k.
The operation of any item of construction equipment without
effective muffling devices in good working order.
2.0
Limitations by Time and Place
No person shall emit, cause or permit the emission of noise resulting from any act
listed in Schedule A - Prohibitions by Time and Place, if clearly audible at a point
of reception located in an area of the Municipality specified in Schedule A within
a prohibited time shown for such an area.
3.0
Exemption
Notwithstanding any other provisions of this by-law to the contrary, this by-law
does not apply to a person who emits or causes or permits the emission of noise
in connection with:
a.
Emergency vehicles;
b.
The ringing of any emergency bells, alarms
c.
The immediate health, safety or welfare of the inhabitants;
d.
Races, authorized by the Municipality;
e.
Regimental salutes;
f.
Parades authorized by the Municipality;
g.
Fireworks displays authorized by the Municipality;
h.
Community public events authorized by the Municipality;
i.
Sporting, recreational and entertainment events in or on public parks or
buildings authorized by the Municipality;
j.
Musical and other performances in public parks or buildings authorized by
the Municipality;
k.
Municipal/Utility Service Vehicles, including but not limited to snow
clearing, street cleaning and garbage collection vehicles;
l.
The raising or herding of livestock, food crop seeding, chemical spraying
or harvesting;
m.
Blasting authorized by the Municipality
n.
The ringing of bells in connection with any church, chapel or religious
services.
3.1
Grant of Exemption by Council
1.
Application to Council
Notwithstanding anything contained in 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 sound or
vibration for which he might be prosecuted and Council, by resolution,
may refuse to grant any exemption of lesser effect 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 sees fit.
2.
Decision
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.
3.
Breach
Breach by the applicant of any terms or conditions of any exemption
granted by Council shall render the exemption null and void.
4.0
Penalties
Every person who contravenes any of the provisions of this by-law is guilty of an
offence and shall, upon conviction, be liable to a fine pursuant to the Provincial
Offences Act.
5.0
Enforcement
This By-law shall be enforced by the By-law Enforcement Officer of the
Township of Front of Yonge.
6.0
Schedule A to this By-law forms part and parcel of this By-law.
7.0
Validity
If any section, clause or provision of this by-law is for any reason declared by a
court of competent jurisdiction, found to be invalid, the same shall not affect the
validity of this by-law as a whole or any part thereof, other than the section,
clause or provision so declared to be invalid and it is hereby declared to be the
intention that all remaining section, clause or provisions of the By-law remain in
effect until repealed.
8.0
Repeal
Any prior noise by-law is hereby repealed.
9.0
Effective Date
This By-law shall come into effect on the date of passing, thereof.
10.0
Title of By-law
This By-law may be cited as the "Noise By-law".
The set fined to this By-law shall come into force and take effect on the date of the appeal
by the Senior Justice, Ontario Court of Justice, Province of Ontario.
READ a first and second time this day of , 2011.
READ a third and final time this day of , 2011.
Mayor, Roger Haley
Clerk, Elaine A. Covey
SCHEDULE A TO BY-LAW# 21-11
PROHIBITING BY TIME AND PLACE
All Areas
1
The operation of any construction equipment in connection with
construction.
21:00 to 7:00
2
The operation of any powered or non-powered tool for domestic
purpose other than snow removal
21:00 to 7:00
3
The operation of a solid waste bulk lift or refuse compacting
equipment
21:00 to 7:00
a. Racing a motor vehicle other than in a racing event regulated
by By-law;
b. The operation of a motor vehicle in such a way that the tires
squeal;
c. The operation of any combustion engine and pneumatic
device or construction equipment without an effective
exhaust or intake muffling device in good working;
d. The operation of a motor vehicle resulting in banging,
clanking, squealing or other like sounds;
e. The operation of an engine or motor, or on, any motor
vehicle or type of attached auxiliary equipment for a
continuous period exceeding five minutes, while such
vehicle is stationery in a residential area unless:
- The original equipment manufacturer specifically
recommends a longer idling period of normal and
efficient operation of the motor vehicle in which case
such recommended period shall not be exceeded.
- The operation of such engine or motor is essential to a
basic function of the vehicle or equipment, including but
not limited to operation of a ready-mix concrete truck,
lift platforms, or refuse compactors and heat exchange
systems normal operation;
- 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;
- Prevailing low temperatures make longer idling periods
necessary immediately after starting the motor or engine;
- 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.
f. 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 of amplification of sound in such a
manner as to disturb the peace and comfort of a person or
persons at the point of reception.
g. The sound of any bell, steam or air whistle, horn, siren or
signal device on or off a vehicle;
h. The selling or advertising by shouting, or loud speaking;
i. The sounds of keeping of any animal or bird;
j. Persistent yelling and shouting, whistling, singing.
k. The operation of any items of construction equipment
without effective muffling devices in good working order.
At any time
THE CORPORATION OF THE TOWNSHIP OF FRONT OF YONGE
BY-LAW #22-11- NOISE REGULATION
"Part 1 Provincial Offences Act"
Schedule "B" to By-law
Item
COLUMN 1
Short Form Wording
COLUMN 2
Provision Creating or
Defining Offence
COLUMN 3
Set Fine
1
Emit/cause/permit noise by operation of
any equipment in connection with
construction at a prohibited time.
s.2 Sch A (1)
$200.00
2
Emit/cause/permit noise by operation of
a powered or non-powered tool at a
prohibited time.
s.2 Sch A (2)
$200.00
3
Emit/cause/permit noise by operation of
a solid waste bulk lift or refuse
compacting equipment at prohibited
time.
s.2 Sch A (3)
$200.00
4
Emit/cause/permit noise by racing of a
motor vehicle.
s.2 Sch A section 3(a)
$200.00
5
Emit/cause/permit noise by operation of
a motor vehicle in such a way that tires
squeal.
s.2 Sch A section 3(b)
$200.00
6
Emit/cause/permit noise by operation of
combustion engine, pneumatic device
or construction equipment without an
effective exhaust or intake muffling
device in good working order and in
constant operation.
s.2 Sch A section 3(c)
$200.00
7
Emit/cause/permit noise by operation of
a motor vehicle resulting in banging,
clanking, squealing and other like
sounds.
s.2 Sch A section 3(d)
$200.00
8
Emit/cause/permit noise by the
operation of an engine or motor
exceeding five minutes when vehicle is
stationary.
s.2 Sch A section 3 (e)
$130.00
9
Emit/cause/permit the operation of an
electronic device incorporating one or
more loudspeakers intended for the
production, reproduction or
amplification of sound.
s.2 Sch A section 3(f)
$130.00
10
Emit/cause/permit the sound of bell,
steam or air whistle, horn, siren or
signal device on or off vehicle.
s.2 Sch A section 3(g)
$130.00
11
Emit/cause/permit noise by
selling/advertising by shouting.
s.2 Sch A section 3(h)
$130.00
12
Persistent noise making by any animal
or bird
s.2 Sch A section 3(i)
$130.00
13
Persistent yelling and shouting,
whistling, singing.
s.2 Sch A section 3(j)
$130.00
Note: the general penalty provision for the offences listed above is section 4 of By-law # 22-11, a
certified copy of which has been attached.