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By-Law 27-2025 - Noise By-law
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THE CORPORATION OF THE TOWNSHIP OF GREATER MADAWASKA
BY-LAW 27-2025
Being a By-Law to control noise in the Township of Greater Madawaska
WHEREAS under Section 129 of the Municipal Act, S.O. 2001, c.25 as amended,
councils of local municipalities may pass by-laws prohibiting or regulating noise within
the whole of the municipality or within certain defined areas;
WHEREAS it is in the public interest to regulate noise in the Township of Greater
Madawaska so as to preserve, protect and promote public health, safety, welfare and
the peace and quiet of inhabitants of the Township;
NOW THEREFORE the Council of the Corporation of the Township of Greater
Madawaska enacts as follows:
1. DEFINITIONS
1.01 In this By-Law the following terms shall have the following meanings:
By-Law Officer means a person appointed by the Council of the Township of Greater
Madawaska as a Municipal By-Law Enforcement Officer to enforce the provisions of this
By-Law;
CAO shall mean the Chief Administrative Officer of the Township of Greater
Madawaska or his/her designate;
Construction includes the erection, alteration, repair, dismantling, demolition or
structural maintenance of buildings, land clearing, earth moving, grading, excavating,
laying of pipe and conduit whether above or below ground level, street and highway
building, application of concrete, 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,
forklifts, 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 elected Council of The Corporation of the Township of Greater
Madawaska;
dBA means the sound level in decibels obtained when using a sound level meter with
the A-weighting;
dBA Lmax means the maximum sound level, measured in decibels, during a
measurement period or a noise event.
Effective Muffler means a muffler in good working order and in constant operation to
prevent excessive or unusual noise, but it does not include a cut-out muffler, straight
exhaust, gutted muffler, Hollywood muffler, by-pass or similar device;
Electronic Device means a device intended primarily for the production, reproduction
or amplification of sound, including, but not limited to, any musical instrument, radio
receiver, television receiver, recorder, phonograph, loudspeakers, amplifiers,
microphones or reproducers or any combination of such equipment, including devices
used in the reproduction of music, speech or other sounds;
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Emergency means a sudden and unexpected occurrence demanding immediate action
to prevent possible injury, loss of life or substantial property damage;
Equivalent sound level, sometimes denoted as Leq, means the value of the constant
sound level which would result in exposure to the same total A - weighted energy as
would the specified time-varying sound if the constant sound level persisted over an
equal time interval and is measured in dBA;
Motorcycle means a self-propelled vehicle having a seat or saddle for the use of the
driver and designed to travel on not more than three (3) wheels in contact with the
ground and includes a motor scooter but does not include a motor assisted bicycle.
Motorsport track means a track used for the purpose of motor vehicle sports,
education, training or testing whether competitive or not.
Motor vehicle or vehicle as defined in the Highway Traffic Act, R.S.O. 1990, c H.8.
Noise means sound that is excessive, or of such volume or persistence that it has the
effect or potential effect of disturbing inhabitants, or that is likely to interfere with the
reasonable use and enjoyment of a premises or residential property with adverse
effects for example loud music, loud parties, band practice, and loud pets;
Noise level in dBA units means the reading of any precision sound level meter which
meets the International Electro-technical Commission Publication 651 or the American
National Standards Institute S1.4-1983.
Occurrence Inspection means an inspection conducted by the Police or By-law
Officers of the Township as a result of a complaint or incident of excessive noise, and
any associated action required to address said complaint or incident.
Person means any human being, association, firm, corporation, partnership, agent or
trustee and the heirs, executors or other legal representatives of a person to whom the
context can apply.
Point of Reception means any point on the property of a person within the Township
where sound or vibration originating from another premises is received.
Police means the Ontario Provincial Police or authorized representative.
Sound amplifying system means any system of loudspeakers, amplifiers,
microphones or reproducers or any combination of such equipment, including electronic
devices or electro-mechanical transducers used in the reproduction or amplification of
music, speech or other sounds.
Sound reproduction device means a device intended primarily for the production or
reproduction of sound, including, but not limited to, any musical instrument, radio
receiver, television receiver, tape recorder, phonograph or sound amplification system.
Special Event means an exhibition, concert, festival and other organized amusements
held for profit or otherwise at which one hundred (100) people or more attend.
Township means the municipal corporation of the Township of Greater Madawaska or
the geographic area of the Township of Greater Madawaska as the context requires.
Unreasonable Noise means sound that can be heard at a Point of Reception that
unreasonably interferes with the comfort, peace, rest, enjoyment, or convenience of any
reasonable Person. The making, allowing, creation or maintenance of loud,
unnecessary, or unusual noises which are continuously heard for a period of thirty (30)
minutes or more or intermittently over a period of one (1) hour or more, constitute
Unreasonable Noise.
2. INTERPRETATION
2.1 The words importing singular number only shall include the plural, and vice versa,
and words importing the masculine gender shall include the feminine gender, and
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vice versa, and words importing persons shall include firms and corporations and
vice versa.
2.2 Words which have been defined in Section 1. or elsewhere in this By-Law or any
schedule attached hereto shall have that defined meaning when the said words,
singular or plural are used elsewhere in this By-Law or any schedule attached
hereto.
2.3 It is declared that if any section, subsection or part or parts thereof of this By-Law
be declared by any Court of Law to be unenforceable, illegal or ultra vires, such
section, subsection or part or parts thereof shall be deemed to be severable and
all parts hereof are declared to be separate and independent and enacted as such.
3. APPLICATION
3.1 The general noise prohibition activities described in Schedule "A" apply to all lands
within the Township at all times.
3.2 The prohibitions described in Schedule "B" apply to all lands within the Township
during the days and between the times specified in Schedule "B".
3.3 Listed General Noise Exemptions by activity, use or location are specified in
Schedule "C".
3.4 Motorsport Track or Facilities activities are to follow process and regulations as
defined in Schedule "D".
4. REGULATIONS
4.1 No Person shall make, cause or permit the creation of Unreasonable Noise,
resulting from an act listed in Schedule "A" of this By-law that is clearly audible at a
point of reception anywhere within the Township at any time.
4.2 No Person shall, during the days and between the times specified in Schedule "B",
make, cause or permit the making of noise that is the result of the activities
described in Schedule "B" and that is unwanted at the point of reception anywhere
within the Township at any time.
4.3 Administrative Fee: Where a Person or Owner has received an occurrence
inspection an Administrative Fee may be charged for the inspection and the
Administrative Fee as Set out in the User Fees and Charges By-law, if not paid,
shall be added to the tax roll of the property and shall be collected in a like manner
as municipal taxes.
5
EXEMPTIONS
5.1 The prohibitions described in Schedules "A" and "B" do not apply if the noise
is necessary and the result of measures undertaken in an emergency for the:
a. immediate health, safety or welfare of the inhabitants; or
b. preservation of property;
5.2 The prohibitions described in Schedules "A" and "B" do not apply if the noise is
the result of an activity that has been granted an exemption under Schedule "C".
5.3 Special Event
a. No Person shall conduct or allow a Special Event without a permit issued in
accordance with the current Special Events By-Law.
b. An Applicant for a permit provided for in Section 5.3 (a) shall apply to the CAO
no later than sixty (60) days prior to the proposed commencement date of the
Event and no such permit shall be issued except under the authority of the
CAO and the permit shall be subject to the following conditions:
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i.
all conditions applicable as per the current Special Events By-law, and;
ii.
the Special Event shall not create noise likely to cause a nuisance or
exceed 65 dBA Lmax when measured at the point of reception, and;
iii.
a Special Event shall not continue between 2300 hours on one day and
0900 hours on the following day, and;
iv.
notwithstanding the provisions of subsection (iii), Council may authorize
continuance of a Special Event beyond 2300 hours on one day to a time not
later than 0200 hours on the next day provided that the Applicant
demonstrates to Council that the Event is of significant advantage to the
Township and that the extension of the event will not adversely affect the
public or those at the point of reception in a significant or material manner.
c. The CAO may require monitoring of sound levels resulting from the special
event and if so, the monitoring shall be conducted at the applicant's expense as
outlined in the current Fees & Charges By-law.
6
SCHEDULES
6.1 The following schedules are attached to and form part of this by-law
Schedule A
General Noise Prohibitions
Schedule B
Noise Prohibitions
Schedule C
Exemptions from the Noise Prohibitions
Schedule D
Motorsport Track or Facility
7
ENFORCEMENT
7.1 This By-Law shall be enforced by the Police or by the By-Law Officers of the
Township.
7.2 In the event of any contravention of the provisions of this By-Law or any Special
Event Permit issued, a permit may be revoked by the CAO provided:
a. written notice shall be sent to the applicant for the permit by first class mail or by
personal service at the address provided in the application for permit and if sent
by first class mail, it shall be deemed to be received five (5) days after it is
mailed;
b. the written notice shall set out a brief summary of the facts which support the
alleged contravention and shall provide two (2) days' notice within which the
contravention may be remedied;
c. if the contravention referred to herein is not remedied within the two (2) days
provided for in subsection (b), or if the contravention is similar to a contravention
which has occurred on two or more previous occasions within the sixty (60) days
preceding the last and subject contravention, the CAO may revoke the permit.
7.3 Notwithstanding Section 7.2, in addition to the enforcement provided by Section 7,
the Township may enforce the provisions of this By-Law and any contravention
thereof including any permit by prosecution under Section 8.
8
OFFENCE AND PENALTIES
8.1 Every person who contravenes any of the provisions of this By-Law is guilty of an
offence.
8.2 Every person who is convicted of an offence under this By-Law is liable to a fine as
provided for in the Provincial Offences Act, R.S.O. 1990, a. P.33.
8.3 When a person has been convicted of an offence under this By-Law:
a. the Ontario Court (Provincial Division), or
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b. any court of competent jurisdiction thereafter may, in addition to any other
penalty imposed on the person convicted, issue an order prohibiting the
continuation or repetition of the offence or the doing of any act or thing by the
person convicted directed toward the continuation or repetition of the offence.
9
REPEAL
By-law 14-2016 is hereby repealed in its entirety.
10
EFFECTIVE DATE
This By-Law shall come into effect upon passing.
BE IT THEREFORE ENACTED as a By-Law of the Corporation of the Township of
Greater Madawaska as follows:
READ a first and second time this 17th of April 2025.
READ a third time and passed this 17th of April 2025.
Rob Weir, Mayor
Robin Emon, Clerk
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BY-LAW 27-2025
Schedule "A"
General Noise Prohibitions
1. No Person shall make, cause or permit the creation of Unreasonable Noise, that
is clearly audible at a point of reception anywhere within the Township any time.
Where this By-Law sets a specific noise limit for a specific type of activity, the
specific noise limit shall apply to that activity and no person shall make or permit
any noise to exceed that specific noise limit.
2. Ringing any bell, sounding any horn, or shouting in a manner likely to disturb the
inhabitants of the Township is prohibited.
3. Persistent unnecessary and unreasonable barking, howling, calling or whining or
other similar persistent noise making by any domestic pet, or any other animal
kept or used for a purpose other than agriculture is prohibited.
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BY-LAW 27-2025
Schedule "B"
Noise Prohibitions
Noise Type
Prohibited Times
The detonation of fireworks except those
authorized by the Fire Chief and explosive devices
except those in connection with construction
activities
As regulated in the
Township's Open Air
Burning By-Law
The manufacturing of construction material or the
operation of any construction or manufacturing
equipment in connect with construction or any
construction related activity, including those
activities that use explosive devices.
9:00pm - 7:00am
Monday - Saturday
9:00pm - 9:00am
Sunday & Statutory Holidays
Outdoor operation of any powered or non-powered
tool for domestic residential purposes other than
snow removal (includes lawn mowers, leaf
blowers, chain saws or other similar devices.)
9:00pm - 7:00am
Monday - Saturday
9:00pm - 9:00am
Sunday & Statutory Holidays
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.
11:00pm - 7:00am
Monday - Saturday
11:00pm - 9:00am
Sunday & Statutory Holidays
Yelling, shouting, hooting, whistling.
11:00pm - 7:00am
All days of the week
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BY-LAW 27-2025
Schedule "C"
Exemptions from the Noise Prohibitions
1. Operation of emergency vehicles.
2. Operation of municipal service vehicles and related equipment.
3. Operation of utility service vehicles and related equipment.
4. Authorized displays of fireworks.
5. Races, parades, processions, and events for ceremonial, religious or traditional
purposes that have been authorized by the Township.
6. Operation of bells, chimes, carillons and clocks in churches and public buildings.
7. Cultural, recreational, educational and political events in parks and other public
places that have been authorized by the Township.
8. Neighbourhood events on municipal highways and other municipal property that
have been authorized by the Township.
9. Sounds emitted in connection within the operation of a farm, including farm
animals, farm equipment or machinery while conducting normal farm practices as
defined in the Farming and Food Production Protection Act, 1998 S. O. 1998, c.1
as amended from time to time, and when done within the appropriate zone.
10. Sounds emitted in connection with any commercial entities while supporting
agricultural operations conducting normal farm practices at the time as those
terms are defined in the Farming and Food Production Protection Act, 1998 S.O.
1998, c.1 as amended from time to time, and when done within the appropriate
zone.
11. Signals operated in accordance with applicable legislation (including warning
signals for hydro dams).
12. Sounds associated with construction or repair work which is required urgently in
order to prevent severe damage to buildings or property.
13. Sounds emitted as a result of snow removal equipment that is essential for the
normal operation of a business or residence.
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BY-LAW 27-2025
Schedule "D"
Motorsport Track or Facility
1. No Person shall operate or permit the operation of a motorsport track or facility
on a property within the Township, unless they are in compliance with each of the
following:
a. the motorsport track or facility is a permanent track or facility;
b. all motor vehicles used are properly equipped with effective mufflers;
c. there shall be no site wide public address or sound amplifying system
installed or operating at the facility;
d. the sound levels generated by the activities on the motorsport track or at
the facility and measured at any point of reception shall not exceed
Ministry of Environment noise guidelines as may be amended from time to
time and without limiting the generality of the foregoing, the following:
i. Ministry of Environment Publication NPC-205, Sound Limits for
Stationary Noise Sources in Class 1 & 2 Areas (Urban), October
1995;
ii. Ministry of Environment Publication NPC-232, Sound Limits for
Stationary Noise Sources in Class 3 Areas (Rural), October 1995.
e. the motorsport track is not used between 1900 hours of one day and 0700
hours of the next day unless the next day is Sunday in which case the
motorsport track shall not be used until 0900;
f. the motorsport track and facility are used in strict compliance with all
zoning and land use policies of the Township applicable to the property;
g. an operating permit is obtained from the CAO of the Township in
accordance with this By-Law and thereby compliance with the conditions
of issuance and holding of the permit provided for in Section 4 of this By-
law;
2. An application for the permit provided for in Section 1 (g) shall be made to the
CAO who is the delegated authority to grant the said permit, and no permit shall
be issued save and except in compliance with the terms hereinafter set out:
a. a permit shall be issued for a period not to exceed three (3) years;
b. the use or operation of the motorsport track and/or facility will comply with
the provisions of this By-Law.
3. The application referred to in Section 2 shall be made in writing by the owner of
the motorsport track and facility or an authorized representative of the owner at
least sixty (60) days prior to the commencement of the operation proposed and
shall include the following information:
a. the name, address and telephone number of the applicant;
b. the name, address and telephone number of the applicant's
representative, if any, and the written authority signed by the owner to
make the application;
c. the date and time of commencement of the operation for which the permit
is sought;
d. a description of the operation and the duration of same for which the
permit is sought;
e. the location of the motorsport track and facility including municipal address
and legal description for which the permit is sought;
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f. the name of the contact person or persons including contact information
and telephone numbers of the person or persons who will be managing
the facility and activities;
g. documentary evidence which may, at the discretion of the CAO include
the report or reports of third party experts to confirm that the operation of
the motorsport track and facility will comply with the provisions of this By-
Law;
h. payment of the application fee as described in the User Fees and Charges
By-law;
i. payment of any third party professional fees incurred by the Township to
administer the application.
4. As a condition of the issuance and holding of any permit, the CAO may in his or
her discretion require:
a. monitoring and/or audit from time to time of sound levels of any activity of
the motorsport track or facility and the monitoring and/or audit shall be
conducted by an independent and qualified acoustical monitoring service
as approved by the CAO at the applicant's expense;
b. noise testing from time to time of all vehicles using the motorsport track
and facility so as to identify and avoid any contraventions of this By-Law
and in so doing the Owner, Applicant or Operator shall perform the
following:
i. Sound Measuring Instrumentation
For the noise testing of vehicles, the operator of the track will use a
Type 2 sound level meter, or better, as set out in Ministry of
Environment Publication NPC-103. Instruments shall be field
calibrated on a daily basis when in use. Instruments and field
calibrators shall be calibrated at an accredited acoustical laboratory
on an annual basis. Records of laboratory calibrations shall be
maintained.
ii. Stationary Sound Level Test
The sound level meter shall be set to record the maximum
instantaneous sound level, Lmax and be set to "fast" response, A-
weighted.
The sound level shall be measured 5m in front and 5m behind a
stationary vehicle with its engine operating at maximum allowable
rpm (revolutions per minute) or the red line on the tachometer.
The following shall be recorded for each test: date, make, model,
colour, identification (license number of vehicle serial number) and
the sound measurement results.
For a vehicle to be permitted to use the track, the average sound
level shall not exceed 100 dBA and no individual reading shall
exceed 104 dBA.
iii. Pass-by Sound Level Test
The sound level meter shall be set to record the maximum
instantaneous sound level, Lmax and be set to "fast" response, A-
weighted.
The vehicle to be tested shall be moving along a straight section of
the track at maximum acceleration.
The pass-by sound level, Lmax, shall be recorded at a location to
the side of the track which is 15m from the center line of the vehicle
travel path. The vehicle shall have travelled at least 75m at
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maximum acceleration by the time it passes the measurement
location. There shall be no obstructions between the microphone of
the sound level meter and the vehicle.
The following shall be recorded for each test: date, make, model,
colour, identification (license number of vehicle serial number) and
the pass-by sound level.
The pass-by sound levels of individual vehicles are to be used to
determine the limit of the number of vehicles allowed to
simultaneously use the track.
iv. Period of Validity of Noise Tests for an Individual Vehicle
The stationary and pass-by sound level results for an individual
vehicle shall be conducted at least once in every six (6) month
period save and except that if there are changes or modifications to
the vehicle which affect noise output, the vehicle shall be retested.
The fitting of a new muffler or a different make or model of tire shall
require retesting of the vehicle.
c. Log of Track Use
A daily log of track use shall be kept which records the date, time and
period of track use of individual vehicles using the track. For each period
of track use, the pass-by sound level of the loudest vehicle on the track
shall be recorded.
d. Noise Complaints and Investigations
The owners of any motorsport track and facility shall keep records of all
noise complaints received. These records shall include: name of the
complainant, address of the complainant, date and time the complaint was
received, the nature and details of the complaint including the time that
disturbing noise was noticed by the complainant. The weather, including
an estimate of wind direction and speed at the time of the disturbing noise
shall be recorded.
The records should include the results of any follow-up investigation and
action as a result of the complaint.
e. Record Retention and Availability of Records to the Township of Greater
Madawaska
The following records shall be retained by the owners of any motorsport
track and facility for a minimum of two years from the date of their
creation: individual vehicle stationary and pass-by sound level tests, log of
track use, records of noise complaints and investigations.
The records shall be available for review by the staff of the Township.
Copies of the records shall be provided to the Township upon request.
f. Noise Control Protocol
The owners of any motorsport track and facility shall develop and maintain
a Noise Control Protocol for the facility. This document should be used by
the owners and operators as a procedural manual for the management of
noise from the motorsport track and facility. The document should provide
detailed descriptions for the implementation of vehicle inspection and
noise testing, procedures for controlling the overall noise from the track,
procedures for regulating the maximum numbers of vehicles permitted to
simultaneously use the track, procedures for noise complaints and
investigations, and record keeping.
A copy of the Noise Control Protocol is to be provided to the Township.
The Noise Control Protocol shall be updated from time to time to ensure
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compliance with this By-Law. The Township is to be provided with updated
versions of the Noise Control Protocol whenever these are issued.
g. Acoustical Audit of the Facility
Within the first year of the operation of any motorsport track and facility, an
acoustical audit shall be conducted according to the procedures in Ministry
of Environment Document NPC-233, Information to be submitted for
Approval of Stationary Sources of Sound, October 1995.
The purpose of the audit is to confirm that noise from the facility does not
exceed sound level limits at nearby noise sensitive receptors as set out in
Ministry of Environment Documents NPC-205 and NPC-232.
The audit is to be conducted by an independent acoustical consultant, that
is, a consultant not associated with the development of the facility as set
out in NPC-233.
The audit report may recommend changes to the Noise Control Protocol.
The audit is to be conducted, as far as possible, taking into account the
following:
i. the audit should demonstrate the effectiveness of the noise control
procedures set out in the Noise Control Protocol.
ii. The audit shall include use of the track by motorcycles as well as
cars.
iii. The activities audited should be representative of those activities
which are estimated to produce the most noise.
iv. The potentially adverse effects of weather, especially wind, shall be
considered in the audit.
v. For demonstration purposes during the audit, the track may, for
brief periods, be operated under conditions which exceed the noise
control procedures set out in the Noise Control Protocol.