Noise By-law 03-28

Greenstone, Ontario · No. 03-28 · adopted 2003-05-26 · summary & facts

This is an automated transcription (OCR) of the captured official document — minor recognition errors are possible; the source document governs. Snapshot cc59344f15b6 · verified 2026-10-18 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

## THE CORPORATION OF THE MUNICIPALITY OF GREENSTONE ## By-law No. 03-28 Being a By-law to prohibit or regulate noise within Municipality of Greenstone. WHEREAS Section 129 (1) of the Municipal Act, 2001 c. 25, empowers the councils of local municipalities to pass by-laws prohibiting and regulating with respect to noise, AND WHEREAS the Council of the Corporation of the Municipality of Greenstone Ieems it necessary and expedient to pass a by-law to control activities which cause nois hat substantially interfere with other people's health, safety or the normal use anc enjoyment of their property. NOW THEREFORE the Council of the Corporation of the Municipality of Greenstone enacts as follows: ## INTRODUCTION ## 1.1 Title and Scope - 1.1.1 This is a By-law to regulate activities that substantially interfere with any person's enjoyment or use of their own property. This by-law will be know as the "Noise By-law" for the Corporation of the Municipality of Greenstone. ## 1.2 Validity and Severability - 1.2.1 Should any section, sub-section, clause, paragraph, or provision of this By-law be declared by a court of competent jurisdiction to be invalid or unenforceable, the same shall not affect the validity or enforceability or any other provisions of this By-law or the By-law as a whole. ## 1.3 Interpretation - 1.3.1 Words used in the singular shall have corresponding meanings when used in the plural. - 1.3.2 "May" shall be construed as permissive. - 1.3.3 "Shall" shall be construed as imperative. ## 1.4 Force and Effect - 1.4.1 This By-law shall come into force and take effect on the day that it receives the approval of the Council of the Municipality of Greenstone. ## 2. DEFINITIONS For the purposes of this By-law, the following words shall have the meaning ascribed herein: - 2.1 "Council" means the Council of the Corporation of the Municipality of Greenstone. - 2.2 "Owner" includes: an assessed owner, tenant, occupant or any person having an interest, whether equitable or legal in the land. - 23 "Municipality" means the Corporation of the Municipality of Greenstone. - 2.4 "Noise" includes any sound as listed in Schedule "A" attached. - 2.5 "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. - 2.6 "Property Maintenance Equipment" shall include, but is 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. - 2.7 "Zoning By-law" the prevailing Zoning By-law(s) in force and effect in the Municipality of Greenstone. ## 3. OFFENCES - 3.1. No owner shall cause or permit the creation, presence or existence of any noise ot unusual sound that disturbs or are likely to disturb any inhabitant of the Municipality of Greenstone. - 13.2 Section 3.1 does not apply to the exceptions or circumstances as outlined in Schedule "B" attached. ## 4. ADMINISTRATION, ENFORCEMENT AND INSPECTION - 4.1 This By-law shall be administered by the Municipal Law Enforcement Officers) of the Municipality or such other person or persons as Council may, by by-law appoint and all such persons shall be considered inspectors under the terms of the By-law. - This By-law shall be enforced by the Municipal Law Enforcement Officers) or such other person or persons as the Council may by by-law appoint under this Bylaw. - 4.3 Any Municipal Law Enforcement Officer may enter on any property at any reasonable time for the purpose of enforcing this By-law. ## 15. PENALTY - 15.1 Every person who: hinders, disturbs or obstructs any Inspector in carrying out their duties under this By-law, or: contravenes any provision of this By-law is guilty of an offence and, upon conviction, is subject to a penalty as provided under the Provincial Offences Act. ## 6. CONTINUING OFFENCE - 6.1 Each day that a situation as described in Section 3.1 of the By-law is allowed to continue shall constitute a separate offence under this By-law and any Judge or Justice of the Peace adjudicating on such manner may assess a separate fine for each and every day that such situation had been allowed to continue. ## 7. CORPORATIONS - 7.1 Every person and an officer, director, employee or agent of a corporation charged with committing an offence under this By-law is a party to the offence who; actually commits it; or does or omits to do anything for the purposes of aiding any person to commit it, or abets any person in committing it. Where two or more persons form an intention in common to carry out an unlawful purpose, and to assist each other therein, each of those who knew or ought to have known that the commission of an offence under this By-law would be a probable consequence of carrying out the common purpose is a party to the offence. Enacted and passed this 26* day of May, 2003 <!-- image --> Charles Primeau, Mayor <!-- image --> <!-- image --> <!-- image --> This photocopy conforms to the original document which has not been altered in any way. OBstevens Clerk ## Schedule "A" to By-law 03-28 WITHOUT LIMITING THE GENERALITY OF SECTION 3.1, THE FOLLOWING ARE SOUNDS THAT ARE DEEMED TO BE NOISES THAT WILL DISTURB OR ARE LIKELY TO DISTURB AN INHABITANT OF THE MUNICIPALITY OF GREENSTONE: - a) The noise or sound made or created by any radio, phonograph, public address system, sound equipment, loud speaker, musical instrument or other soundproducing 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, or a Police Officer or Municipal Law Enforcement Officer acting in accordance with their duties, shall be deemed noise likely to disturb. - b) The noise or sound caused or made by an amplifier or loud speaker carried in or attached to a motor vehicle being operated or standing on a public highway shall be deemed to be noise likely to disturb. - c) The sound made by an animal or bird under the care, custody or control of a person which disturbs the peace, comfort or repose of any person in another occupied dwelling house shall be deemed to be noises likely to disturb. - d) The noise or sound caused by the discharge into the open air or the exhaust from any steam engine, boiler or stationary internal combustion engine, otherwise than through a muffler or other device which effectively prevents unnecessary noise shall be deemed to be noises likely to disturb. 5. The wheel or tire noise, caused by the deliberate and unnecessary acceleration, tapid turning or rapid braking of a motor vehicle shall be deemed to be noises likely to disturb. 6. The noise caused by the unnecessary racing of a standing motor vehicle shall be deemed to be noises likely to disturb. 7. 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 10:00 o'clock in the afternoon and 7:00 o'clock in the forenoon the next day, excepting Sundays, when no such noise shall be created before the hour of 12:00 noon and no such noise shall be made after 9:00 o'clock in the afternoon on a Sunday shall be deemed noises likely to disturb. - h) The noise made by property maintenance equipment within 100 feet of an occupied dwelling unit shall be deemed to be noises likely to disturb between the hours of 9:00 o'clock in the afternoon and 7:00 o'clock in the forenoon the next day on any day except Saturday or Sunday. - i) The noise made by property maintenance equipment within 100 feet of an occupied dwelling unit shall be deemed to be noises likely to disturb between the hours of 9:00 o'clock in the afternoon on Friday until 9:00 o'clock in the forenoon on Saturday or between the hours of 9:00 in the afternoon on Saturdays and 12:00 o'clock noon on a Sunday. - j) The noise made by air conditioning equipment which is likely to disturb the peace, comfort or repose of any person in a dwelling house shall be deemed to be noises likely to disturb. ## Schedule "B" to By-law 03-28 ## THE FOLLOWING ARE EXCEPTIONS TO SECTION 3.1 OF BY-LAW 03-28: - a) The noises made by a parade. - b) The call of a newsboy, peddler, hawker or tradesman plying his/her trade. - c) The sound from a radio or tape recorder in a motor vehicle if such sound is not audible at a distance of more than 8 metres (25 feet). 4. The sound of outdoor hymn singing or caroling. 5. The sound from an outdoor concert or band when approved by Council. 6. The sound of church bells or chimes. 7. 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 Municipality of Greenstone, any Provincial road authority or by any public utility. ## Schedule "C" to By-law No. 03-28 | DESCRIPTION OF OFFENCE | PROVISION CREATING OR DEFINING OFFENCE | SET FINE | |-------------------------------------------------------------|------------------------------------------|------------| | Cause or permit excessive noise by (insert nature of noise) | Section 3.1 | $75.00 | | Interfere with Inspector carrying out duty | Section 5.1 | $100.00 | ## NOTE: The penalty provision for the offence listed above is Section 5 of By-law No. 03-28, a certified copy of which has been filed.