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THE CORPORATION OF THE TOWN OF GREATER NAPANEE
BY-LAW NO. 2023-0043
A By-law to Regulate Noise within the Town of Greater Napanee
WHEREAS Section 128 of the Municipal Act, 2001, S.O. 2001, c.25, as amended,
authorizes a local municipality to prohibit and regulate with respect to public
nuisances, including matters that, in the opinion of Council, are or could become or
cause public nuisances;
AND WHEREAS excessive sound and inadequately controlled noise may impair
public health, safety and welfare, and may become a nuisance;
AND WHEREAS Section 129 of The Municipal Act, 2001, S.O. 2001, c. 25, as
amended, provides authority for municipalities to prohibit and regulate with respect to
noise, vibration, odour, dust and outdoor illumination;
AND WHEREAS Section 425 of the Municipal Act, 2001, S.O. 2001, c.25, as
amended, authorizes a municipality to pass by-laws providing that a Person who
contravenes a by- law of the municipality passed under that Act is guilty of an offence;
AND WHEREAS Section 436 of the Municipal Act, 2001, S.O. 2001, c.25, as
amended, authorizes a municipality to pass by-laws providing that the municipality
may enter on land for the purpose of carrying out inspections, to determine
compliance with a by-law, direction, order or condition of a license passed or made
under that Act;
NOW THEREFORE the Council of the Corporation of the Town of Greater Napanee
enacts as follows:
DEFINITIONS
1. In this By-law, unless the context otherwise requires:
a) "Agricultural Operation" has the same meaning as contained in the
Farming and Food Production Protection Act, 1998, S.O. 1998, C.1 as
amended, or any successor legislation;
b) "Amplified Sound" means any sound made by any electronic device or
a group of connected electronic devices incorporating one or more
loudspeakers or other electromechanical transducers, and intended for
the production, reproduction or amplification of sound.
c) "Construction" means the erection, alteration, repair, painting,
maintenance, relocation, demolition or removal of a building or other
structure and includes all land clearing, landscaping, earth moving,
Town of Greater Napanee
Noise By-law No. 2023-0043
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grading, excavating, all public works activities, the erection or laying of
lines, cable, pipes and conduit (whether above or below ground level),
street building, paving, concreting and similar activities on a site and the
installation, alteration or removal of construction equipment,
components and materials in any form or for any purpose, and any work
being done in connection therewith;
d) "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,
ditchers, compactors and rollers, pumps, concrete mixers, graders or
other material handling equipment;
e) "Council" means the Council of the Corporation of the Town of
Greater Napanee;
f) "Town" means the Corporation of the Town of Greater Napanee;
g) "Emergency" means a situation or an impending situation, often
dangerous, caused by the forces of nature, an accident, an intentional act
or otherwise, which arises suddenly and calls for prompt action;
h) "Motor Vehicle" means any motorized conveyance and includes any
automobile, motorcycle and any other vehicle propelled or driven
otherwise than by muscular power;
i) "Normal Farm Practice" has the same meaning as contained in
the Farming and Food Production Protection Act, 1998, S.0. 1998,
C.1 as amended, or any successor legislation;
j) "Officer" means a person appointed by Council as a Municipal By-law
Enforcement Officer, a Police Officer, or any other individual duly
appointed to enforce this By-law;
k) "Persistent" means any noise that is continuously heard for a period of ten
minutes or more or intermittently over a period of one hour or more.
l) "Person" includes a person, firm, association, co-partnership, joint
venture, corporation or any entity, public or private;
m) "Point of Reception" means:
i. any premises or location where sound is received, other than
the premises from which the sound originates; or
ii. any place on a highway where sound is received;
Town of Greater Napanee
Noise By-law No. 2023-0043
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n) "Pit" and or "Quarry" means land from which unconsolidated
aggregate is being or has been excavated and or stored, and
that has not been finally rehabilitated.
o) "Premises" means a parcel of land and includes any buildings
and structures on the land;
p) "Residential Area" shall include any area of the Town where
residential use is permitted under the provisions of the Town of
Greater Napanee Comprehensive Zoning By-law No. 02-22 as
amended or replaced.
OPINION OF COUNCIL
2. Without limiting the generality of Section 3 of this By-law, the noises which
Council hereby deems to be noises likely to disturb the inhabitants of the
Town include the noises from the sources and at the times described in
Schedule "A".
GENERAL PROHIBITION
3. No person shall at any time ring any bell, blow any horn, shout or make
any unusual noise or noise likely to disturb the inhabitants of the Town, if
audible at a point of reception.
NOISE FROM INDUSTRIAL SOURCES
4. Nothing in this by-law shall be interpreted to authorize the making of any
noise where the same would be a contravention of the Environmental
Protection Act, R.S.O. 1990, c. E.19, as amended.
EXCEPTIONS
5. The provisions of this By-law shall not apply to any noise caused by:
a) measures undertaken in an emergency for the:
i. immediate health, safety or welfare of the inhabitants; or
ii. preservation or restoration of property, unless the noise is clearly
of a longer duration or a more disturbing nature than is
reasonably necessary to deal with the emergency.
b) the sound of a church bell or chime;
c) audible traffic signals;
Town of Greater Napanee
Noise By-law No. 2023-0043
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d) the noise created by the collection or disposal of garbage, waste
or recyclable material;
e) 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 Town,
any other public utility, or their agents or servants;
f) police officers, firefighters and operators of emergency vehicles in
the conduct of their lawful duty;
g) the operation of domestic power tools, chain saw, chipper or leaf
blower power, and equipment used for lawn, garden, building or property
maintenance, but excluding construction, on any day between 7:00
a.m. and 11:00 p.m.;
h) the noise arising from the operation of construction or construction
equipment on any day between the hours of 7:00 a.m. and 7:00 p.m.
This exemption shall not apply to construction equipment being operated
without the originally installed muffling devices or their equivalent in
good working order and in constant operation;
i) the reasonable noise arising from an industrial zone as defined in the
Zoning By-law No. 02-22 that results from an essential part of the process
or practice that is established on the property from which the noise
originated. This exemption does not apply to the activities of a salvage yard
as defined in the Zoning By-law No. 02-22, or to a pit or quarry, on any day
between the hours of 7:00 p.m. of one day and 7:00 a.m. of the following
day, except where a provincial approval provides otherwise;
j) the reasonable noise arising from a commercial or business park zone as
defined in the Zoning By-law No. 02-22 that results from an essential part
of the process or practice that is established on the property from which
the noise originated;
k) the operation of a street sweeper, parks and public works
maintenance machines and equipment by or on behalf of the Town, or
other institutional uses within the Town of Greater Napanee limits;
l) The use in a reasonable manner of vehicles and equipment when utilized
for the clearing and the removal of snow from public or private property.
This includes plowing, salting, and removing snowbanks;
m) Operation of excavation equipment when used in a cemetery in
conjunction with interment services;
Town of Greater Napanee
Noise By-law No. 2023-0043
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n) occasional cultural, recreational and other gatherings, public dances,
shows, races, midways, fireworks, carnivals, parades, and sporting
and entertainment events provided said events are conducted
pursuant to a permit or licence or otherwise approved by the Town of
Greater Napanee relative to the staging of said events;
o) agricultural operations carried on in accordance with normal farm practices;
p) activities or work specifically exempted from this By-law by Council
provided such conditions or requirements as may be imposed by Council
are observed or met.
TEMPORARY NOISE PERMIT
6. Any person may make application to the Clerk or delegate to be granted an
exemption from any of the noise prohibitions in this By-law by the issuance of
a temporary noise permit. If the Clerk or delegate refuses the request for
exemption, the applicant may apply to Council for such exemption. The
application for the issuance of a temporary noise permit shall be made in
writing at least 45 days prior to the commencement of the requested
exemption and shall contain:
a) the name and address of the applicant;
b) a description of the source of noise in respect of which
exemption is sought;
c) a statement of the particular provision or provisions of the By-law
from which exemption is sought;
d) the period of time for which the exemption is sought;
e) the reason why the exemption should be granted; and
f) a non-refundable application fee of $25.00.
7. Council maintains the discretion to waive the application fee for a temporary
noise permit.
8. In determining whether to grant an exemption by way of a temporary noise
permit or to waive any fees, Council shall:
a) determine whether the applicant has provided all the information
required by subsection 5;
Town of Greater Napanee
Noise By-law No. 2023-0043
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b) determine whether the applicant has complied with all terms and
conditions of approval of any previous permit issued to the applicant
under this section, if any;
c) consider any negative effects the issuance of the temporary noise
permit may have on neighbouring properties or the Town; and
d) consider any benefits the issuance of the temporary noise permit may
have for neighbouring properties or the Town.
9. Council may impose conditions on temporary noise permits including but
not limited to:
a) the type and volume of noise that may be made;
b) the times during which may be made;
c) the date of expiry of the temporary noise permit;
d) requiring the posting of security prior to the activity; and
e) requiring that the applicant, Town staff or a professional engineer
monitor the noise levels resulting from the event or activity and requiring
a report of the findings to be filed with the Town of Greater Napanee
within 30 days of the event or activity, all at the applicant's expense.
10. Any temporary noise permit issued under this By-law shall expire on the date
set out on the temporary noise permit, or if no date is set out on the temporary
noise permit, the permit shall expire forty-eight hours after its issuance.
11. Any breach by the holder of the temporary noise permit of any of its terms
or conditions shall render the temporary noise permit null and void.
12. Every holder of a temporary noise permit shall comply with the terms and
conditions of the temporary noise permit.
ENFORCEMENT AND RIGHT OF ENTRY
13. This By-law may be enforced by an Officer or other individual authorized
by Council from time to time.
14. An Officer may at all reasonable times enter upon any premises other
than dwellings to ascertain whether the provisions of this By-law are being
observed or to enforce this By-law.
15. No person shall obstruct or hinder or attempt to obstruct or hinder an Officer
Town of Greater Napanee
Noise By-law No. 2023-0043
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or other authorized employee or agent of the Town in.the exercise of a power
or the performance of a duty under this by-law.
16. Where an Officer has reasonable grounds to believe that an offence under
this By-Law has been committed by a Person, the Officer may require the
name, address, and proof of identity of that Person.
17. Every person shall provide proof of identification satisfactory to the Officer
when requested to do so pursuant to this By-Law and failure to do so shall
constitute obstruction of an Officer.
PENALTY
18. Any person who contravenes any provision of this by-law is guilty of an
offence and upon conviction is liable for a fine as provided for by the
Provincial Offences Act, R.S.O. 1990, c.P.33, as amended.
19. Pursuant to the authority established in s. 429(2) of the Municipal Act, 2001,
S.O. 2001, c. 25, as amended, every person who contravenes any provision
of this by- law is guilty of an offence and upon conviction pursuant to Part Ill of
the Provincial Offences Act, R.S.O. 1990, c.P.33, as amended, shall be
subject to the following penalties:
a) a person who is convicted of an offence is liable to a fine of not more than
$25,000 for a first offence and to a fine of not more than $50,000 for a
subsequent offence.
b) a corporation who is convicted of an offence is liable to a fine of not
more than $50,000 for a first offence and to a fine of not more than
$100,000 for a subsequent offence.
SEVERABILITY
19.
If any section, clause or provision of this By-law is for any reason declared by
a Court of competent jurisdiction to be invalid, the same shall not affect the
validity of the 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 of Council that the remaining sections, clauses or provisions of
the by-law shall remain in full force and effect until repealed, notwithstanding
that one or more provisions of this by-law shall have been declared to be
invalid.
REPEAL
20.
By-law 04-60 and amending By-law 05-49 are hereby repealed on the date this
by-law comes into effect.
Town of Greater Napanee
Noise By-law No. 2023-0043
Page 8 of 12
ENACTMENT
21.
That this By-law shall come into force and effect on the date that the Set Fines
under Part I of the Provincial Offences Act, R.S.O. 1990. Chapter P.33 receive
approval of the Regional Senior Justice, East Region, Ontario Court of Justice.
Read a first and second and finally passed this 23rd day of May, 2023.
_____________________
______________________
Terry Richardson, Mayor
Jessica Walters, Clerk
Town of Greater Napanee
Noise By-law No. 2023-0043
Page 9 of 12
SCHEDULE "A"
To By-law No. 2023-0043
Particulars of Noise
Prohibited Period
1
The operation of any construction equipment in connection
with construction, unless otherwise exempt under the
provisions of this by-law
7:00 pm of one day to 7:00
am of the next day
2
The operation of any construction equipment without the
originally installed muffling devices or their equivalent in good
working order and in constant operation
At any time
3
The detonation of fireworks or explosive devices
11:00 pm of one day to one
hour before dusk of the
next day, in accordance
with Fireworks Discharge
By-law 2006-0016.
4
The discharge of firearms in a manner contrary to the
Discharge of Firearms By-law 2013-0048.
At any time
5
The operations of a combustion engine which is, or is used
in, or is intended for use in, a toy or a model replica of a
larger device, which model or replica has no function other
than amusement and which is not a conveyance
9:00 pm of one day to 7:00
am of the next day
6
The operation of any motor vehicle other than on a highway
or other place intended for its operations
11:00 pm of one day to
7:00 am of the next day
7
The venting, release or pressure relief of air, steam or other
gaseous material, product or compound rom any autoclave
boiler, pressure vessel, pipe, valve, machine, device, or
system
11:00 pm of one day to
7:00 am of the next day
8
The operations of any powered tool for domestic purposes
other than snow removal
11:00 pm of one day to
7:00 am of the next day
9
The operations of solid waste bulk lift or refuse compacting
equipment
11:00 pm of one day to
7:00 am of the next day
10
Persistent yelling, shouting, hooting, whistling or singing or
similar sounds
At any time
11
Yelling, shouting, hooting, whistling or singing or similar
sounds
11:00 pm of one day to
7:00 am of the next day
12
The operations of a sound-emitting pest control device
11:00 pm of one day to
7:00 am of the next day
13
Racing of any motor vehicle other than in a racing event
regulated by law
At any time
14
The operations of a motor vehicle in such a way that the tires
squeal
At any time
15
The operations of any combustion engine without an effective
exhaust muffling decide in good working order and in
constant operation
At any time
Town of Greater Napanee
Noise By-law No. 2023-0043
Page 10 of 12
16
The persistent barking, calling or whining or other similar
persistent noisemaking by animals and birds kept as
household pets.
At any time
17
The operating of any auditory signaling device, including but
not limited to the ringing of bells or gongs and the blowing of
horns or sirens or whistles, or the production, reproduction or
amplification of any similar sounds except where required or
authorized in accordance with good safety practices or for
accessibility purposes
9:00 pm of one day to 7:00
am of the next day
18
Amplified sound, including amplified music, entertainment, or
advertising
11:00 pm of one day to
7:00 am of the next day
19
Amplified sound, including amplified music, entertainment, or
advertising in conjunction with a special event which has not
received a permit or licence or otherwise been approved by
the Town of Greater Napanee
At any time
20
Operation of a pit or quarry or salvage yard, except where a
Provincial approval provides otherwise
7:00 pm of one day to 6:30
am of the next day
SCHEDULE "B"
Set Fines for Infractions under Part I Provincial Offences Act
For Town of Greater Napanee By-law No. 2023-0043
Being a By-Law to Regulate Noise within The Town of Greater Napanee
ITEM
COLUMN 1
Short Form Wording
COLUMN 2
Provision creating or defining offence
COLUMN 3
Set Fine
1.
Ring bell
s.3
$200.00
2.
Blow horn
s.3
$200.00
3.
Shout
s.3
$200.00
4.
Make unusual noise
s.3
$200.00
5.
Make noise likely to disturb
s.3
$200.00
6.
Noise, operate construction equipment
at prohibited time
s.2, Schedule A(1)
$200.00
7.
Noise, operate construction equipment
without muffler
s.2, Schedule A(2)
$200.00
8.
Noise, detonation of fireworks at
prohibited time
s.2, Schedule A(3)
$200.00
9.
Noise, detonation of explosive device
at prohibited time
s.2, Schedule A(3)
$200.00
10.
Noise, discharge of firearm at
prohibited time
s.2, Schedule A(4)
$200.00
11.
Noise, operation of model combustion
engine at prohibited time
s.2, Schedule A(5)
$200.00
12.
Noise, operate motorized vehicle at
prohibited time
s.2, Schedule A(6)
$200.00
13.
Noise, venting at prohibited time
s.2, Schedule A(7)
$200.00
14.
Noise, operate power tool at prohibited
time
s.2, Schedule A(8)
$200.00
15.
Noise, operate bulk lift at prohibited
time
s.2, Schedule A(9)
$200.00
16.
Noise, operate refuse compacting
equipment at prohibited time
s.2, Schedule A(9)
$200.00
17.
Noise, persistent yelling, shouting or
similar sounds
s.2, Schedule A(10)
$200.00
18.
Noise, yelling, shouting, or similar
sounds at prohibited time
s.2, Schedule A(11)
$200.00
19.
Noise, operate pest control device at
prohibited time
s.2, Schedule A(12)
$200.00
20.
Noise, racing motorized vehicle
s.2, Schedule A(13)
$200.00
21.
Noise, squeal tires
s.2, Schedule A(14)
$200.00
22.
Noise, operate engine without muffler
s.2, Schedule A(15)
$200.00
23.
Noise, persistent barking or
noisemaking by a pet
s.2, Schedule A(16)
$200.00
24.
Noise, operate signaling device at
prohibited time
s.2, Schedule A(17)
$200.00
25.
Noise, amplified sound at prohibited
time
s.2, Schedule A(18)
$200.00
26.
Noise, amplified sound from non-
permitted special event
s.2, Schedule A(19)
$200.00
27.
Noise, operation of a pit or quarry at
prohibited time
s.2, Schedule A(20)
$200.00
28.
Fail to comply with temporary noise
permit
s.12
$200.00
29.
Obstruct officer or authorized
employee
s.15
$200.00
NOTE: The penalty provision for the offences indicated above is contained in Section 18 of By-Law No. 2023-0043, a certified
copy of which has been filed.