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Page 2
By -law 11 -22
Persistent" means constantly repeated over a period of one half ( /2) hour;
Residence" means a room, suite of rooms, or dwelling, including a mobile
trailer, (for help house accessory to an agricultural use purposes only) operated
as a housekeeping unit that is used or intended to be used as a separate
domicile by one or more persons, and that normally contains cooking, eating,
living, sleeping and sanitary facilities;
Vehicle" includes a motor vehicle, trailer, traction engine, farm tractor, road -
building machine and other vehicle propelled or driven other than by muscular
power;
PART I
General Prohibitions:
1. No person within the Town of Grimsby shall ring any bell or blow any horn
or cause or permit the same to be rung, blown or sounded other than in the
operation of a motor vehicle in a normal and safe manner.
2. No person within the Town of Grimsby shall shout, make unusual noise or
noises likely to disturb the inhabitants in any area within the Town of
Grimsby.
3. Without limiting the generality of the provisions of Section
1 and 2, the
following noises or sounds shall be deemed to be unusual noises or noise
likely to disturb the inhabitants, namely:
a. the racing of any motorized conveyance other than in a racing event
regulated by law;
b. the operation of a motor vehicle in such a way that the tires squeal;
c. the operation of a motor vehicle horn, siren or other warning device
except where required or authorized by law or in accordance with good
safety practices;
d. the operation of an engine or motor in, or on, any motor vehicle or item
of attached auxiliary equipment for a continuous period exceeding ten
minutes, while such vehicle is stationary in a residential 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;
ii.
operation of such engine or motor is essential to a basic function
of vehicle or equipment, including but not limited to, operation
of ready -mixed
concrete
trucks, lift
platforms
and
refuse
compactors;
iii.
weather conditions justify the use of heating or refrigeration
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
the purposes of delivery or loading;
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 anti-
freeze, cleaning of the fuel system, carburetor or the like, when
such work is performed other than for profit;
Page 3
By -law 11 -22
e. the sound or noise created by the operation of any motor vehicle, trailer
or other vehicle bearing material, articles or things which are loaded
upon such vehicle in such manner as to create noise;
f.
the sound or noise from the discharge into the open air of the exhaust
of any or internal combustion engine, including the engine of an
automobile, motorcycle and snowmobile, except through a muffler or
other device which effectively prevents loud or explosive noises;
g. the persistent barking, calling, whining or similar persistent noise
caused by any domestic animal;
h. the sound or noise from or created by but not limited to, any radio,
television, record player, tape player, amplifier, loud speaker, public
address system, musical instrument or equipment, device or instrument
which emits sound when the same is played or operated in such a
manner or with
such volume that it is clearly audible within
a
residential unit with the windows closed, other than the one in which
the sound originates;
i.
any sound from any private radio in a motor vehicle, installed
for
the
sole
benefit
of entertainment
of the
operator
and
occupants of such vehicle, when the same is audible at a distance
of twenty -five feet from such vehicle;
PART II
Prohibitions by Time
1. The following noises are, in the opinion of Council, likely to disturb the
inhabitants of the Town of Grimsby when the sounds occur during the times
set out below:
a. the racing of any motorized conveyance when regulated by law
between 2300 hours of one day and 0900 hours of the following day.
b. any shouting, yelling, hooting, whistling or singing which disturbs the
peace, quiet, comfort or repose of any person in any dwelling unit,
hotel or other type of residence and arises between 2300 hours of one
day and 0700 hours of the following day;
c. the
operation
of
any
equipment
in
connection
with
commercial
construction between 2100 hours of one day and 0700 of the following
day;
d. the operation of any tool for domestic purposes other than snow
removal between 2300 hours of one day and 0700 hours of the
following day;
e. the operation 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 by electronic means, except where required or
authorized by law or in accordance with good safety practices between
2100 hours of one day and 0700 hours of the following day;
PART III
Exemptions:
1. Public Safety
Notwithstanding any other provision of this by -law it shall be lawful
to emit or cause or permit the emission of sound or vibration in
connection with emergency measures undertaken:
a. for the health, safety or welfare of the inhabitants or any of
them; or,
Page 4
By -law 11 -22
b. for the preservation or restoration of property; unless such a
sound or vibration is clearly of a longer duration or nature more
disturbing than is reasonably necessary for the accomplishments
of such emergency purpose.
2. Agricultural Operations:
Notwithstanding any other provisions of this by -law, it shall be
lawful to emit or cause or permit the emission of sound or vibration
in connection with normal agricultural operations.
3. Grant Permit by Council:
a. Application to Council:
Notwithstanding anything
contained
in this by -law,
any
person may make application to Council to be granted a
permit from any of the provisions of this by -law with respect
to any source of sound or vibration for which he might be
prosecuted.
i.
such application shall be made 90 days prior to the
event.
ii. the Town shall post a notice advising those who wish
to object to file notice of their objection 30 days prior
to the event
iii.
Council, by resolution, may refuse to grant any permit
or may grant the permit applied for or any permit of
lessor effect and any permit granted shall specify the
time period, not in excess of six months, during which
it
is
effective
and
may
contain
such
terms
and
conditions as Council sees fit.
b. Decision:
In deciding whether to grant the permit, Council shall give the
applicant and any person opposed to the application opportunity to
be heard and may consider such matters as it sees fit.
c. Breach:
Breach by the applicant of any of the terms or conditions of any
permit granted by Council shall render the permit null and void.
4. Exemption of Traditional, Festive or Religious Activities:
Notwithstanding any other provision of this by -law, this by -law does not
apply to a person who emits or causes or permits the emission of sound or
vibration in connection with any of the listed traditional, festive, religious
and other activities:
a. any celebration in commemoration of a statutory holiday;
b. any celebration in commemoration of a religious holiday;
c. Remembrance day celebrations;
d. any carnival or parade by a Service Club;
e. any activity under the direct control of the; Town of Grimsby
f.
ringing
of bells
in
connection
with calling
or worship
by
a
recognized religious organization;
PART IV
5. Offence and Penalty Provisions:
a. Any person who contravenes the provisions of this by -law is guilty
of an offence and, upon conviction, is subject to a fine as provided
Page 5
By -law 11 -22
in the Provincial Offences Act R.S.
O.
1990, c.P.
33 s. 61 and to any
other applicable penalties.
b. If this by -law is contravened and a conviction entered, the court in
which the conviction has been entered and any court of competent
jurisdiction thereafter may, in addition to any other remedy and to
any penalty
that
is
imposed, make
an
order prohibiting
the
continuation or repetition of the offence by the person convicted.
6. Validity:
If a court of competent jurisdiction declares any provision, or any part
of a provision, of this by -law to be invalid, or to be of no force and
effect, it is the intention of Council in enacting this by -law that each
and every provision of this by -law authorized by law be applied and
enforced in accordance with its terms to the extent possible according
to law.
7. Commencement:
That By -law 80 -3 be and the same is hereby repealed. This By -law
shall come into force and take effect on the date of passage.
Read a first time this 18 day ofApril 2011.
Read a second and third time and finally passed this 18 day ofApril 2011.
R.N. Bentl -y,
Mayor
4
H. Soady -Eas ,in, Clerk
The Corporation of the Town of Grimsby
By-law 17-46
A By-law to amend By-law 11- 22 respecting noises
Whereas the Council of the Town of Grimsby deems it expedient to amend By-
law No. 11- 22 being a By-law respecting noises in the Town:
And further be amended by adding:
And whereas the Municipal Act, 2001
authorizes the Town of Grimsby,
amongst other things to delegate its authority to impose fees or charges on
persons for services or activities provided or done by or on behalfofit, to provide
for inspections and inspection orders and to make orders to discontinue activity
or to do work as set out in the Fees and Charges By-law;
And further Part I be amended by removing;
2.
No person within the Town of Grimsby shall shout, make unusual noise
or noises likely to disturb the inhabitants in any area within the Town of
Grimsby.
And replaced with:
2.
No person within the Town of Grimsby shall shout, make unusual noise
or permit noises likely to disturb the inhabitants in any area within the
Town of Grimsby.
And further be amended by adding:
Part I
4.
No person shall make or permit to be made noise that contravenes:
a. an
applicable
Noise
Pollution
Control
Publication
of Ontario' s
Ministry of the Environment; or
b. a
permission, such
as
a
certificate
of approval, under federal or
provincial legislation.
And further Part IV (5)( a) be amended by removing:
a. any person who contravenes the provision of this by-law is guilty of an
offence
and, upon conviction, is subject to a fine as provided in the
Provincial Offences Act R.S.O. 1990, c.P.33 s. 61 and to any other
applicable penalties.
And replace with:
a.
every person who contravenes any provision of this by-law is guilty of
an offence and upon conviction is liable to a fine as provided for in the
Provincial Offences Act, R.S.O. 1990, c.P.33, as amended.
And further that Schedule A of By-law 17- 46 form part of By-law 11- 22.
1.
That all other sections of By-law 11- 22 shall be deemed to remain in
force.
2.
That this By-law shall come into force and take effect on the date of
passage.
Page 2
By-law 17- 46
Read a first time this 15' day of May 2017
Read a second and third time and finally passed this
15th day of May 2017
R.N. Bentley, Mayor
V 2404 ___
2
H. Soady-Easi6n, Town Clerk
Schedule A to By-law 17- 46
Amending By-law 11- 22 as amended
Being By-law respecting noises in the Town of Grimsby
Set Fine Offences
Item #
Column 1
Column 2
Column 3
Short Form Wording
Provision
Set Fine
creating or
defining
offence
1.
Ring Bells or Blow Horns
Part 1
1)
150.00
2.
Permit Bells to be rung or Horns to be
Part 1 (
1)
150. 00
Blown
3.
Make Unusual Noise
Part 1 ( 2)
150. 00
4.
Permit to be Made Unusual Noise
Part 1
2
150.00
5.
Make Noise Likely to Disturb Inhabitant
Part 1
2)
150.00
6.
Permit to be Made Noise Likely to Disturb
Part 1 ( 2)
150.00
Inhabitant
7.
Make Noise that Contravenes Noise
Part 1 ( 4)( a)
350.00
Pollution Control Publication
8.
Permit to be Made Noise that Contravenes
Part 1 ( 4)( a)
350.00
Noise Pollution Control Publication
9.
Make Noise that Contravenes Permission
Part 1 ( 4)( b)
350.00
Under Federal legislation
10.
Permit to be Made Noise that Contravenes
Part 1 ( 4)( b)
350.00
Permission Under Federal Legislation
11.
Make Noise that Contravenes Permission
Part 1 ( 4)( b)
350.00
Under Provincial Legislation
12.
Permit to be Made Noise that contravenes
Part 1 ( 4)( b)
350.00
Permission Under Provincial Legislation
Note: The general penalty provision for the offences listed above is Part 5 of the By-law
11- 22 as amended, a certified copy of which has been filed.
Page 1 of 1
1
1
The Corporation of the Town of Grimsby
By-law 17- 67
A By-law to amend By-law 11- 22, as amended respecting noise
Whereas the Council ofthe Town of Grimsby deems it expedient to amend By-
law No. 11- 22, as amended being a By-law respecting noises in the Town;
And further that Part II be amended by removing:
1. The following noises are, in the opinion of Council, likely to disturb the
inhabitants of the Town of Grimsby when the sounds occur during the
times set out below:
And replaced with
1. No person within the Town of Grimsby shall make the following noises
likely to disturb the inhabitants during the times set out below:
And further that Schedule A of By-law 17-46 be repealed and replaced with
Schedule A of By-law 17- 67 and form part of By-law 11- 22, as amended.
1. That all other sections of By-law 11- 22, as amended shall be deemed to
remain in force.
2. That all other sections ofBy-law 17- 46 shall be deemed to remain in force.
3. That this By-law shall come into force and take effect on the date of
passage.
Read a first time this
17th day of July 2017
Read a second and third time and finally passed this
17th day of July 2017
z}
er /if /
R.N. Bentley, ayor
6144,t)
H. Soady-Ea ton, Town Clerk
Schedule A to By-law 17-67
A By-law to amend By-law 17-46 and 11- 22 as amended
being a By-law respecting noises in the Town of Grimsby
Set Fine Offences
Item
Column 1
Column 2
Column 3
Short Form Wording
Provision
Set Fine
creating or
defining the
offence
1.
Ring bells or blow horns
Part 1 (
1)
150. 00
2. Permit bells to be rung or horns to be blown
Part 1 (
1)
150. 00
3. Make unusual noise or noises likely to
Part 1 ( 2)
150. 00
disturb inhabitants
4. Racing of motorized conveyance
Part 2 ( 1)(
a)
150. 00
5. Shouting, yelling hooting, whistling or
Part 2 ( 1)( b)
150. 00
singing
6. Operation of commercial construction
Part 2 ( 1)(
c)
150. 00
equipment
7. Operation of domestic tool except snow
Part 2 ( 1)( d)
150. 00
removal
8. Operation of auditory signaling device
Part 2 ( 1)(
e)
150. 00
except where required by law
Note: The general penalty provision for the offences listed above is Section 5 of the By-law
11- 22 as amended, a certified copy of which has been filed.
The Corporation of the Town of Grimsby
By-law 18- 62
A By-law to amend By-law 11- 22 as amended, respecting noises
Whereas the Council of the Town of Grimsby deems it expedient to amend By-
law 11- 22, as amended being a By-law respecting noises in the Town;
And further that Schedule A of By-law 17- 67 be repealed and replaced with
Schedule A ofBy-law 18- 62 and form part of By-law 11- 22, as amended;
1. That all other sections ofBy-law 11- 22 shall be deemed to remain in force.
2. That this By-law shall com into force and take effect on the date of
passage.
Read a first time this
17th day of September 2018
Read a second and third time and finally passed this
17th day of September 2018
R.N. Bentley, Mayor
H. Soady-Easton,
own Clerk
Schedule A to By-law 18- 62
A By-law to amend By-law 11- 22, as amended
Being a By-law respecting noises in the Town of Grimsby
ITEM #
COLUMN 1
COLUMN 2
COLUMN 3
Short Form Wording
Provision
Set Fine
Creating or
defining
offence
1.
Ring Bells or Blow Horns
Part 1( 1)
200.00
2.
Permit Bells to be rung or Horns to be Blown
Part 1 ( 1)
200.00
3.
Make unusual noise or noises likely to disturb
Part 1 ( 2)
200.00
inhabitants
4.
Racing of motorized conveyance
Part 2 ( 1)( a)
200.00
5.
Shouting, yelling, hooting, whistling or singing
Part 2 ( 1)( b)
200.00
6.
Operation of commercial construction equipment
Part 2 ( 1)( c)
200.00
7.
Operation of domestic tool except snow removal
Part 2 ( 1)( d)
200.00
8.
Operation of auditory signaling device except
Part 2 ( 1)( e)
200.00
where required by law
NOTE: the general penalty provision for the offences listed above is Section 5 of the Bylaw
11- 22 as amended, a certified copy of which has been filed.