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THE CORPORATION OF THE TOWN OF GRAND VALLEY
BY-LAW NO.2021-72
Being a By-law to repeal By-law No. 2002-19 and to provide for the Regulation and
Prohibition of Unusual Noises or Noises likely to Disturb the Public and/or the
Prevention of Public Nuisances within the Town of Grand Valley.
WHEREAS Section 129 of the MunicipalAct, S.O. 2001 , c.25 as amended (the
Municipat Act, 2001), provides that a Municipality may prohibit and regulate with respect
to public nuisances including noise;
AND WHEREAS the Council of the Town of Grand Valley deems it necessary and
expedient to pass a by-law to control activities which cause noises that substantially
interfere with other people's health, safety or the normal use and enjoyment of their
property;
AND WHEREAS, in accordance with Section 130(1) of the Municipal Act, 2001 , a
municipality does not have the power to prohibit and regulate with respect to noise
made in the municipality in connection with the delivery of goods to the following
specified place, except as othenuise authorized by regulation:
o Retail business establishments.
o Restaurants, including cafes and bars
o Hotels and motels
. Goods distribution facilities.
NOW THEREFORE the Council of the Corporation of the Town of Grand Valley
enacts and be it enacted as follows:
1.0 DEFINITIONS
ln this by-law,
"Agriculture" means the science or practice of farming, including cultivation of the
soil for the growing of crops and the rearing of animals to provide food, wool, and
other products;
"Air Conditioning Equipment" means equipment located on the outside of a
dwelling or other building used for heating, cooling and/or the exchange of air
inside the residence.
"Construction" means the erection, alteration, repair, dismantling, dernolition,
structural maintenance, painting, moving, land clearing, earth moving, gratiing,
excavating, the laying of pipe and conduit whether above or below ground ievel,
street and highway building, concreting, equipment installation, and alteration and
structural installation of construction components and materials in any foirn or for
any purpose, and includes work in connection therewith;
a
a
a
By-law 2021-72, Noise By-law
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o "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 or trucks, ditchers, compactors and rollers, pumps, concrete
mixers, graders, or other material handling equipment;
. "Council" means the Council of the Corporation of the Town of Grand Valley;
o "Motor vehicle" means an automobile, motorcycle, and any other vehicle propelled
or driven otherwise than by muscular power;
o "Noise" means a sound that is of such volume or nature at a point of reception that
it disturbs or is likely to disturb the inhabitants of the Town;
o "Officer" means a Municipal Law Enforcement Officer or Police Officer;
. "Owner" includes an assessed owner, tenant, occupant or any person having an
interest, whether equitable or legal, in the land;
o "Person" means any human being, association, firm, partnership, private club,
incorporated company, corporation, agent or trustee and the heirs, executors, or
other legal representatives of a person to who the context can apply according to
the By-law;
o "Point of Reception" means any point on the premises of a person where sound or
vibration originating from other than those premises is received;
o "Property Maintenance Equipment" shall include but it not limited to lawn mowers,
leaf blowers or vacuums, lawn trimmers, chain saws, garden tractors, power
sprayers and washers and other equipment powered by gasoline internal
combustion engines normally used for or associated to household, lawn and
garden maintenance;
. "Urban Noise Zone" means those areas denoted as an urban noise zone as shown
on Schedule "C" attached hereto;
o "Rural Noise Zone" means those areas denoted as a rural noise zone as shown
on Schedule "C" attached hereto;
o "Town" means the Corporation of the Town of Grand Valley;
o "Zoning By-law" the prevailing Zoning By-law(s) in force and effect in the Town of
Grand Valley.
2. OFFENCES
2.1. No Owner shall cause or permit the creation, presence or existence of any nolse
or unusual sound that disturbs or is likely to disturb any inhabitant of the Towri
of Grand Valley as outlined in Schedule "A" attached;
2.2. Section 2.1 does not apply to the exceptions or circumstances as outlined in
Schedule "B" attached.
By-law 2021-72, Noise By-law
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3. GRANT OF EXEMPTION BY GOUNCIL
3.1. 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,
and Council may refuse to grant any exemption or may grant the exemption
applied for or any exemption of lesser effect and any exemption granted shall
specify the time period, not in excess of one month, during which it is effective
and may contain such terms and conditions as Council sees fit.
3.2. Decision - ln 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 deems appropriate.
3.3. Breach - A breach by the applicant of any of the terms or conditions of any
exemption granted by Council shall render the exemption null and void.
4. RIGHT OF ENTRY
4.1. An officer may at any reasonable time, enter onto land to determine whether
this By-law is being complied with.
4.2. Every owner shall permit the Officer to inspect any land for the purposes of
determining compliance with this By-law.
4.3. Notwithstanding any provision of this By-law, an Officer shall not enter or remain
in any room or place actually being used as a dwelling, unless:
a) the consent of the occupier is obtained, the occupier first having been informed
that the right of entry may be refused and, if refused, may only be made under
the authority of a warrant issued under lhe Provincial Offences Act, R.S.O.
1990, as amended.
b) a warrant issued under the Provincial Offences Act, R S. O. 1990, as amended
is obtained.
5. OBSTRUCTION
5.1. No person shall hinder or obstruct, or attempt to hinder or obstruct, any Officer
exercising a power or performing a duty under this By-law.
5.2. Any person who has been alleged to have contravened any of the provisions of
the By-law shall identify themselves to the Officer upon request Failure to do so
shall be deemed to have obstructed or hindered the Officer in the execution of
his or her duties.
6. PENALTY
6.1. Every person who contravenes any of the provisions of this by-law, and every
director or officer of a corporation who knowingly concurs in the contraventicn
by the corporation, is guilty of an offence under the provisions of the llunicipal
Act, 2001.
6.2. Every person who contravenes the provisions of this by-law and every director
or officer of a corporation, who knowingly concurs in the contraventions by the
By-law 2021-72, Noise By-law
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corporation, is guilty of an offence and liable on conviction to a penalty where
the minimum fine shall not exceed $500 and a maximum fine shall not
exceed$100,000 exclusive of costs under the provisions of the Municipal Act
2001.
6.3. For the purpose of continuous offences, every person who contravenes any
provision of this by-law and every director or officer of a corporation who
knowingly concurs in the contravention of a by-law of the corporation is guilty of
an offence and liable on conviction to a penalty not exceeding $10,000,
exclusive of costs under the provisions of the Municipal Act, 2001.
6.4. Despite section 6.3 and the provisions of the Municipal Act, 2001, the total of all
daily fines for the offence is not limited to $100,000.
6.5. For the purpose of multiple offences, every person who contravenes any
provision of this by-law and every director or officer of a corporation who
knowingly concurs in the contravention of a by-law of the corporation is guilty of
an offence and liable on conviction to a penalty not exceeding $10,000,
exclusive of costs under the provisions of lhe Municipal Act, 2001.
6.6. Despite section 6.5 and the provisions of the Municipal Act, 2001, the total of all
daily fines for the offence is not limited to $100,000.
6.7. Every person who fails to comply with a notice made under this By-law is guilty
of an offence.
6.8. lt shall be an offence for a person to hinder or obstruct, or attempt to hinder or
obstruct, an Officer who is exercising a power or performing a duty under the
Municipal Act, 2001, or under a by-law passed under the Municipal Act, 2001.
5.9. Any person who has been alleged to have contravened any of the provisions of
a by-law passed under lhe Municipal Act, 2001, shall identify themselves to the
Officer upon request. Failure to do so shall be deemed to have obstructed or
hindered the Officer in the execution of the Officer's duties.
6.10. Every person who contravenes any section of this by-law is guilty of an offence
and upon conviction shall be liable to a fine as provided for in the Provincial
Offences Act, R.S.O 1990, Chapter P.33, as amended.
6.11. Upon conviction, any penalty imposed under this By-law may be collected under
the authority of the Provincial Offences Act, R.S.O. 1990, Chapter P.33, as
amended.
7. VALIDITY AND SEVERABILITY
7.1. Should any section, subsection, clause, paragraph or provision of this By-law
be declared by a Court of competent jurisdiction to be invalid, the same shall
not affect the validity of this By-law as a whole or any part thereof, other than
the Part so declared to be invalid.
8. SHORT TITLE
8.1. The short title of this By-law is the Noise By-law.
By-law 2021-72, Noise By-law
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9. REPEALED
9.1. By-law No. 2002-19 is hereby repealed.
lO.EFFECTIVE DATE
10.1. This By-law shall come into force and take effect immediately upon the final
passing thereof.
BY-LAW READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED
THIS gth DAY OF November,2021
MA
,S
Soloman
CLERK,
han Townsend
By-law 2021-72, Noise By-law
Page6of11
Schedule "A" Noise Regulation
Without limiting the generality of Section 2.1,lhe following are deemed to be noises that
will disturb or are likely to disturb an inhabitant of Town of Grand Valley:
a) The noise or sound made or created by any radio, phonograph, public address
system, sound equipment, loudspeaker, musical instrument or other sound-
producing equipment, when the equipment is played or operated in such a manner
that the sound or noise made or created thereby disturbs the peace, comfort or
repose of any person.
b) The operation of a stereo or other electronic device designed to amplify sound in,
or on, a motor vehicle in such a way that the sound can easily be heard outside of
the motor vehicle.
c) Racing of any motorized conveyance other than in a racing event regulated by law.
d) The operation of a motor vehicle in such a way that the tires squeal.
e) 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.
0 The operation of a vehicle or a vehicle with a trailer resulting in banging, clanking,
squealing or other like sounds due to inadequate maintenance and/or improperly
secured load or equipment.
g) The operation of any combustion engine or pneumatic device without an effective
exhaust or intake muffling device in good working order and in constant operation.
h) 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 is stationary in an Urban Noise Zone 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; or
ii. 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
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, and the
vehicle is stationary for purposes of delivery or loading; or
iv. prevailing low temperatures make longer idling periods necessary
immediately after starting the motor or engine; or
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 wo;'k is perforrned
other then for profit.
i) Persistent barking, calling, or whining or other similar persistent noise made by
By-law 2021-72, Noise By-law
PageT of 11
any domestic pet, or any other animal kept or used for any purpose other than
agriculture. Note: The penalty provision for this offence is Section 9.2 of By-law
2021-46.
j) The noise caused by the erection, demolition, alteration or repair of a building or
by construction or earth-moving equipment working upon a site within 500 feet of
an occupied dwelling house on any day between the hours of 7:00p.m. and 7:00
a.m. the next day, excepting Sundays, when no such noise shall be created before
the hour of 10:00 a.m. and no such noise shall be made after 6:00p.m. on a
Sunday.
k) The discharge of firearms at any time in the urban noise zone.
l) The discharge of firearms between 7:00 p.m. and 7:00 a.m. Monday to Saturday
in the rural noise zone and prior to 9:00 a.m. on Sunday in the rural noise zone. lf
legally hunting, firearms may be discharged half hour before sunrise to half hour
after sunset as per the MNRF hunting regulations.
m) Setting off fireworks in the urban or rural noise zone outside of dates of cultural or
religious significance and the day immediately preceding and/or following each
of these days from dusk until 11:00 p.m.
n) The noise made by air conditioning equipment on a dwelling which is likely to
disturb the peace, comfort or repose of any person in a dwelling unit.
o) The noise made by yelling, shouting, hooting or other boisterous activity after 1 1 :00
p.m.
p) Any unwanted or meaningless sound that in the opinion of the Officer is likely to
disturb the inhabitants of the Town of Grand Valley.
By-law 2021-72, Noise By-law
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Schedule "B" Exceptions
The Following are exceptions to Section 2.1 of the by-law:
a) The noises made by a parade authorized by the municipality.
b) Fireworks displays authorized by the municipality.
c) The noises associated with a traditional, festive or religious activity
authorized/hosted by the municipality.
d) Road and bicycle races authorized by the municipality.
e) Midways and circuses authorized by the municipality.
f) The sound from an outdoor concert or band when approved by the municipality.
g) The sound of outdoors hymn singing or caroling.
h) The sound of church bells or chimes normally associated with church activities.
i) The sirens or noises created by an emergency vehicle.
j) The noise caused by the erection, demolition, alteration or repair of a
building or by construction or earth-moving equipment working upon a site
or highway when such work is undertaken by forces of the Corporation of
the Town of Grand Valley, any Provincial Road authority or the County of
Dufferin road authority or by any public utilities.
k) The noise caused by farm equipment performing any farm operation.
l) The noise made in connection with the delivery of goods to retail business
establishments; restaurants, including cafes and bars; hotels and motels; and/or
goods distribution facilities.
By-law 2021-72, Noise By-law
Schedule "C" Schedule of Offences
CORPORATION OF THE TOWN OF GRAND VALLEY
PART 1 PROVINCIAL OFFENCES ACT
COLUMN 2
PROVISION
CREATING OR
DEFINING
OFFENCE
Section 2.1
Schedule A
(a)
Section 2.1
Schedule A
(b)
Section 2.1
Schedule A
(c)
Section 2.1
Schedule A
(d)
Section 2.1
Schedule A
(e)
Section 2.1
Schedule A
(0
Section 2.1
Schedule A
(g)
Section 2.1
Schedule A
(h)
Section 2.1 ,.'::
Schedule A
0)
Page9of11
COLUMN 3
SET FINE
$150.00
$150.00
$150.00
$150.00
$150.00
$150.00
$150.00
$150.00
$150.00
ITEM COLUMN 1
SHORT FORM WORDING
1
2
3
4
EmiUCause to emit noise likely to disturb
from radio, phonograph, pa system, sound
equipment, loud
speaker, musical instrument or other
sound-producing equipment.
EmiUCause to emit noise likely to disturb
from a stereo or other electronic device
designed to amplify sound associated with
a motor vehicle.
EmiVCause to emit noise likely ttcdisturb
from racing motorized vehicles.
Emit/Cause to emit noise likely to disturb
from the squealing of tires associated with a
motor vehicle.
EmiUCause to emit noise likely to disturb
from a motor vehicle horn or other warning
device.
EmiUCause to emit unnecessary noise
likely to disturb from a motor vehicle or
vehicle with a trailer.
EmiUCause to emit noise likely to disturb
due to the operation of a combustion
engine or pneumatic device.
EmiUCause to emit noise likely to disturb
from prolonged idling of an engine.
EmiUCause to emit noise likely to disturb
from the erection, demolition, alteration or
repair of a building or by equipment.
5
6
7
8
9
By-law 2021-72, Noise By-law
EmiUCause to emit noise likely to disturb
from the discharge of firearms.
11
EmiUCause to emit noise from the discharge
of firearms outside time permitted.
12
EmiUCause to emit noise from setting off
fireworks outside of the permitted hours.
13
EmiUCause to emit noise likely to disturb
from the use of air conditioning equipment.
10
14
15
16
ITEM
Section 2.1
Schedule A
(k)
Section 2.1
Schedule A
(t)
Section 2.1
Schedule A
(m)
Section 2.1
Schedule A
(n)
Section 2.1
Schedule A
(o)
Section 2.1
Schedule A
(p)
Section 5.1
COLUMN 2
PROVISION
CREATING
OR DEFINING
OFFENCE
Page 10 of 11
$150.00
$150.00
$150.00
$150.00
$150.00
$150.00
$300.00
COLUMN 3
SET FINE
Emit/Cause to emit noise likely to disturb
by yelling, shouting, hooting or other
boisterous activity.
EmiUCause to emit noise likely todisturb
the inhabitants of the Town of Grand
Valley.
Hinder or obstruct, or attempt to hinder or
obstruct, any Officer.
COLUMN 1
SHORT FORM WORDING
Note: The penalty provision(s) for the offences indicated above is Section 6.10 of
By-law 2021-72 a certified Copy of which has been filed and s.61 of the Provincial
Offences Act, R.S.O. 1990, c. P.33.
By-law 2021-72, Noise By-law
Noise By-Law Zones
Designation
Ef
RuEl NdF zore
E]f urban Noiz" zore
+
TOWN OF GRAND VALLEY
NOISE BY-LAW
RURAL AND URBAN DESIGNATIONS
Page11of11
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