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## THE COPROPRATION OF THE TOWNSHIP OF FRONTENAC Islands By-Law No. 28-2013
BEING A BY-LAW TO PROHIBIT AND TO REGULATE NOISE WITHIN THE TOWNSHIP OF FRONTENAC ISLANDS.
WHEREAS, pursuant to Section 210 of the Municipal Act, R.S.O. 1990, Chapter M.45 as amended, the Council of a local municipality may pass a by-law to:
Prohibit or regulate, within the municipality or within any defined area or areas thereof, the ringing of bells, the blowing of horns, shouting and unusual noises, or noises likely to disturb the inhabitants;
NOW THEREFORE the Council of the Corporation of the Township of Frontenac Islands ENACTS as follows:
## DEFINITIONS
1. For the purpose of this by-law,
2. (a) "construction" includes 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;
3. (b) "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, off-highway haulers, trucks, ditches, compactors and rollers, pumps, concrete mixers, graders, or other material handling equipment;
4. (c) "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
5. (d) "council" means the Council of the Corporation of the Township of Frontenac Islands;
6. (e) "livestock" includes but not limited to chickens, turkeys or other fowl, swine, goats,
7. (f) "motor vehicle" shall mean a vehicle or any other device employed to transport a person or persons 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 machines;
8. (g) "municipality" means the Corporation of the Township of Frontenac Islands;
9. (i) "other areas" means any area other than a residential area as defined in the municipalities zoning by-law;
10. (h) "noise" means unwanted sound that a person acting reasonably would consider to be an unreasonable interference with the normal use and enjoyment of their property at the time of the noise;
11. (i) "point of reception" means any point on a premises where noise from other than those premises is received;
12. (k) "residential area" means any area of the municipality that is zoned residential in the Zoning By-Law of the municipality.
## GENERAL PROVISIONS
2. No person shall emit, cause or permit the emission of noise resulting from an act listed herein, and which noise level exceeds 65 (dB) decibels from 20 meters and 75 (dB) decibels from source over a 1 minute continuous period:
## By-Law No. 28-2013
- (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, pneumatic device or construction equipment without an effective exhaust or intake muffling device in good working order and in constant operation;
- (d) the operation of a motor vehicle resulting in banging, clanking, squealing or other like sounds;
- (e) 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 stationary in a residential area unless:
- (i) 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;
- 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-mixed concrete trucks, 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;
- (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 or 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 sounding 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;
## LIMITATIONS BY TIME AND PLACE
3. No person shall emit, cause or permit the emission of noise resulting from any act listed in chedule 1 - Prohibitions by Time and Place, if clearly audible at a point of reception locate 1 an area of the municipality specified in Schedule 1 within a prohibited time shown fo such an area.
## EXEMPTION
4. 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:
2. (a) emergency vehicles;
3. (b) the immediate health, safety or welfare of the inhabitants;
4. (c) races, authorized by the municipality;
5. (d) regimental salutes;
6. (e) parades authorized by the municipality;
7. (g) community public events authorized by the municipality;
8. (f) fireworks displays authorized by the municipality;
9. (h) sporting, recreational and entertainment events in or on public parks or buildings;
10. (i) musical and other performances in public parks or buildings authorized by the municipality;
Page 3 By-Law No. 28-2013
- (i) municipal maintenance vehicles, including but not limited to snow clearing, street cleaning and garbage collection vehicles;
- (1) blasting authorized by the municipality.
- (k) the raising or herding of livestock;
- (m) Operation of ferries under normal operating procedures.
- (n) an exemption may be granted by Council on an approved Form A and forming part of this by-law.
## PENALTIES
5. 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.
## ENFORCEMENT
6. This by-law shall be enforced by the by-law enforcement officers of the municipality.
7. Schedule 1 to this by-law forms part and parcel of this by-law.
## VALIDITY
8. lany 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 bylaw 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 the remaining section, clause or provisions of this by-law remain in effect until repealed.
## REPEAL
9. Any prior noise by-law is hereby repealed.
## EFFECTIVE DATE
10. This by-law shall come into effect on the date of passing, thereof.
## TITLE OF BY-LAW
11. This by-law may be sited as the "Noise By-Law".
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Read a first and second time this 9t" day of DECEMBER 2013.
Read a third time and passed this 13* day of January, 2014.
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Gordon Burns, Interim CAO/Clerk
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Page 4
By-Law No. 28-2013
## By-Law No. 11-2013 Noise By-Law
## SCHEDULE 1
## PROHIBITING BY TIME AND PLACE
## PROHIBITED PERIOD OF TIME
| | Residential Areas Other Areas | |
|---------------------------------------------------------------------------------------------------|---------------------------------|------|
| 1. The operation of any construction equipment in connection with construction. | C& E | C& E |
| 2. The operation of any powered or non-powered tool for domestic purpose other than snow removal. | D | D |
| 3. The operation of a solid waste bulk lift or refuse compacting equipment. | | C |
| 4. The operation of a pit or quarry. | B& E | B& E |
| 5. Yelling, shouting, hooting, whistling, singing or amplified sound coming from out of doors. | D | D |
## Prohibited Periods of Time
A
D
E
at any time
19:00 Hrs. of one day to 07:00 Hrs. the next day
21:00 Hrs. of one day to 07:00 Hrs. the next day (09:00 Hrs. Sun)
23:00 Hrs. of one day to 07:00 Hrs. the next day (09:00 Hrs. Sun)
all day Sunday
between the hours of sunset and sunrise