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THE CORPORATION OF THE TOWNSHIP OF HORTON
BY-LAW NO. 2013-56
Being a By-Law to Control Noise
________________________________________________
WHEREAS under Section 129 of the Municipal Act, Chap M.45 2001, 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;
AND WHEREAS it is recognized that people have a right to and should be provided to
the extent possible, an environment free from unusual, unnecessary, or excessive noise or
vibration which may unreasonably degrade the quality and tranquillity of their life or
cause nuisance;
AND WHEREAS it is the policy of the Council to reduce and control such sound or
vibration;
NOW THEREFORE the Council of the Corporation of the Township of Horton, enacts
as follows:
1.
DEFINITIONS: In this By-law, unless the context otherwise requires;
a)
Agriculture - means the practice of cultivating the soil or the
keeping/raising of animals;
b)
Air Conditioner - includes an air conditioner, a fan, a heat pump or other
similar device;
c)
Auxiliary Equipment - means any device, attachment, delivery body or
apparatus attached to a motor vehicle, either permanently or temporarily,
for the purpose of
1) hauling property, vehicles or animals or
2) preserving perishable cargo through the use of heating or refrigerating
systems;
d)
By-law Enforcement Officer - means a person so appointed by the
Municipality under the Police Services Act;
e)
Construction - includes erection, alteration, repair, dismantling,
demolition, structural maintenance, painting, moving, land clearing, earth
moving, grading, excavating, the laying of pipe and conduit whether above
or below ground level, street and highway building, the manufacturing of
material used for highway construction, pouring 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;
f)
Conveyance - includes a vehicle and any other device employed to
transport a person or persons or goods from place to place but does not
include any such device or vehicle if operated only within a building;
g)
Construction Equipment - means any non-domestic equipment, tool,
device or motorized conveyance designed and intended for use in
construction or demolition, automotive repair or material handling,
including but not limited to, air compressors, pile drivers, pneumatic or
hydraulic tools, bulldozers, tractors, excavators, trenchers, cranes,
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derricks, drills, loaders, scrapers, pavers, generators, off-highway haulers
or trucks, ditchers, compactors and rollers, pumps, concrete mixers,
graders or other material handling equipment;
h)
Council - means the Council of the Corporation of the Township of
Horton;
i)
dBA - means the sound level in decibels obtained when using a sound
level meter
with the A-weighting;
j) Emergency Vehicle - means a police motor vehicle, ambulance, fire truck
or other vehicle responding to an emergency call pursuant to a statutory
duty;
k)
Fire Chief - means the person so appointed by the Council of the
Corporation of the Township of Horton;
l)
Firecracker - means a pyrotechnic device that explodes when ignited and
does not make any subsequent display or visible effect after the explosion;
m)
Fireworks - includes firework shower, fountain, golden ran, lawn light,
pinwheel, Roman candle, sparkler and other pyrotechnic devices
producing quantities or effects of light, sound or smoke by the combustion
of explosive or flammable composition but does not include firecracker;
n)
Inhabitants - means any owner, tenant, occupier or licensee of real
property within the Township of Horton;
o) Intermittent - means to cease for a time or to occur at intervals;
p) Leisure Vehicle - means any all all-terrain vehicle or snowmobile;
q) Motor Vehicle - includes an automobile, motorcycle, and any other vehicle
propelled or driven otherwise than by muscular power; but does not include
all-terrain vehicles, snowmobiles, other vehicles running only upon rails,
construction equipment, farm tractor or a self-propelled implement of
husbandry;
r) Motor Conveyance - means a conveyance propelled or driven other than by
muscular, gravitational or wind power;
s)
Municipality - means the land within the geographic limit of the Corporation of
the Township of Horton;
t)
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,
u)
Person - includes any physical or corporate entity, partnership or any association
and the heirs, executors, administrators, successors and assigns or other legal
representative thereof to whom the context may apply;
v)
Point of Reception - means any point on the premises of a person where sound or
vibration originating from other than those premises is received;
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x)
Residential Area - means all properties within the Corporation of the Township
of Horton zoned Residential, Rural Residential or Limited Service Residential
under the Zoning By-law, as amended;
y)
Rural Area - means all properties within the Corporation of the Township of
Horton zoned Rural Area and/or Agriculture under the Zoning By-law, as
amended;
z)
Solid Waste Bulk Lift - means a vehicle designated to load, unload and transport
containers for handling refuse;
aa)
Township - means the Corporation of the Township of Horton;
2.
GENERAL PROHIBITIONS
No person shall emit or cause or permit the emission of sound resulting from an act listed
herein and, which sound is clearly audible at a point of reception.
a)
The operation of any engine or pneumatic device without an effective exhaust
muffling device in good working order and in constant operation.
b)
The operation of a motor vehicle or an engine so as to cause excessive motor
revving, squealing of tires or other sounds that cause a disturbance.
c)
The operation of an engine or motor vehicle or item of attached auxiliary
equipment for a continuous period exceeding five minutes, while such vehicle is
stationary in a residential area, unless:
(i)
the vehicle is in an enclosed structure constructed so as to effectively
prevent excessive noise emission; or
ii)
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
iii)
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, or refuse compactors and heat
exchange systems during normal operation; or
iv)
weather conditions justify the use of heating or refrigerating systems
powered by the motor engine for the preservation of perishable cargo or
for the safety and welfare of the operator, passengers or animals; or
v)
prevailing low temperatures make longer idling periods necessary,
immediately after starting the motor or engine; or
vi)
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, carburettor or the like, when such work is performed other
than for profit; or
vii)
the operation of such motor is essential to maintain radio and computer
equipment for police, ambulance, fire vehicles and other emergency
vehicles.
d)
The operation of a motor vehicle horn or other warning device except where
required or authorized by law, or in accordance with good safety practice;
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e)
The operation of any item of construction equipment that is without effective
muffling devices.
f)
The detonation of firecrackers at any time.
3.
PROHIBITIONS BY TIME AND PLACE
No person shall emit, cause or permit the emission of a sound resulting from any act listed below
if clearly audible at a point of reception in a Rural Area or Residential Area in a prohibited period
of time. Prohibited periods of time are as follows:
A
11 pm one day to 7 am the next day (9 am on Sundays)
B
7 pm one day to 7 am the next day (9 am on Sundays)
C
11 pm one day to 7 am the next day (Sunday - Friday)
C(1) Midnight to 7 am that day (Saturday - Sunday)
D
All day Sundays and Statutory Holidays
E
7 pm one day to 7 am the next day
F
8 pm one day to 6:30 am the next day (9 am on Sundays)
G
12:30 am to dusk on the same day (New Year's Day only)
H
10:00 p.m. one day to dusk the next day
Residential Rural
(a)
The detonation of fire-works except those authorized by the Fire
Chief and explosive devices except those in connection with
construction activities.
(See by-law 2013-XX for Regulations for discharge of fireworks)
G & H
G & H
(b)
the discharge of firearms except when discharged for the
protection of livestock
Prohibited
At Any
Time
N/A
(c)
the operation of a combustion engine, that is used in, or is
intended for use in a toy or a model or replica of a larger device,
which model or replica has no function other than amusement
and which is not a conveyance and the property zone permits
B
B
(d)
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
C &
C(1)
C &
C(1)
(e)
The operation of any auditory signaling device, including but not
limited to: the ringing of bells or gongs, the blowing of horns,
sirens or whistles, or the production or reproduction of the
amplification of any similar sounds by electronic means, except
where required or authorized by law or in accordance with good
safety practices.
D & E
D & E
(f)
The operation of any motorized conveyance other than on a
highway or other place intended for its operation including
snowmobiles, all-terrain vehicles and off-road motorcycles that
exceed 85 dBA
B
N/A
(g)
The venting, release or pressure relief of air, steam or other
gaseous material, product or compound from any autoclave,
boiler pressure vessel, pipe, valve, machine, device or system
A
A
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(h)
Persistent barking, whining, calling, crowing or other similar
persistent noise by any domestic animal or bird
Prohibited
At Any
Time
Prohibited
At Any
Time
(i)
The operation of commercial car wash air drying equipment.
D & E
D & E
(j)
Yelling, shouting, hooting, whistling or singing.
A
A
(k)
All selling or advertising by shouting or outcry or amplified sound
B
B
(l)
Loading, unloading, delivery, packing, unpacking or otherwise
handling any containers, products, materials or refuse whatsoever,
unless necessary for the maintenance of essential services or the
moving of private household effects that exceed 85 dBA
D & E
N/A
(m)
The manufacturing of construction material or the operation of any
construction or manufacturing equipment in connection with
construction or any construction related activity, including those
activities that use explosive devices.
D & F
D & F
(n)
The operation of any powered or non-powered tool for domestic
purposes other than snow removal.
F
F
(o)
The operation of a solid waste bulk lift or refuse compacting
equipment.
B
B
(p) Noise - Outdoor Patio
C &
C(1)
C &
C(1)
4.
EMERGENCY EXEMPTIONS
Notwithstanding any other provision of this by-law, it shall be lawful during an emergency to
emit or cause to permit the emission of sounds or vibrations in connection with emergency
measures;
(a)
for the immediate health, safety or welfare of the inhabitants;
(b)
for the preservation or restoration of services and property; unless such sound or
vibration is clearly of a longer duration, or nature more disturbing than is
reasonably necessary for the accomplishment of such emergency
5.
OTHER EXEMPTIONS
It shall be lawful to permit the emission of sounds or vibrations in connection with those
activities listed below:
(a)
Any parade authorized by Council;
(b)
Use of bells or chimes normally associated with church or school activities;
(i)
Any carnival, midway, circus, sporting event, recreational, musical, entertainment,
festival or other event authorized by Council;
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(ii)
Any sporting, recreational, musical, entertainment, festival, or other event or
performance, in a municipal park, on a municipal road, or any other place,
provided the specific written permission of Council has been obtained;
(iii)
All sounds normally associated with farming operations as governed by the
Farming and Food Production and Promotion Act including animal sounds, the
operation of farm equipment and machinery, providing that animals are kept
under normal farm practices and providing reasonable maintenance of machinery
and equipment inhibits noise according to manufacturer's specifications;
(iv)
Authorized non-emergency work carried out by or on behalf of the Township
unless such noise emission is of a longer duration or a nature more disturbing,
than is reasonable necessary;
(v)
Annual fall fairs operated by an Agricultural Society on property owned or leased
by an Agricultural Society;
(vi)
Sounding of horns or alarms for the purpose of giving notice of fire and other
emergencies for the immediate health, safety or welfare of the inhabitants or for
the preservation or restoration of property;
(vii)
Noise between a common shared wall or floor by two adjacent dwelling units
within an apartment, condominium or townhouse building, row buildings or
carriage homes unless the sound can be clearly audible from the exterior of the
building;
(viii) Noise generated by sanding, salting, clearing of snow or the removal of snow;
(ix)
An outdoor singing performance;
(x)
Victoria Day and Canada Day celebrations organized by the municipality or
municipally sponsored organizations.
6.
GRANT OF EXEMPTION BY COUNCIL
(a)
Application to Council
Notwithstanding anything contained in this By-law, any person may make application, at
least fifteen (15) days prior to the event, 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 for
which he/she might be prosecuted and Council, by resolution, may refuse to grant any
exemption or Council, by resolution, may grant the exemption applied for or any
exemption of lesser effect and any exemption granted shall specify the time period during
which it is effective and may contain such terms and conditions as Council sees fit and
provided;
a) The event shall not create noise likely to cause a nuisance or exceed 65 dBA when
measured at the point of reception;
b) The event shall not exceed seven (7) calendar days in length;
c) The event shall not continue between 0100 and 0900 hours on the same day;
(b)
Details of Application for Exemption
The application mentioned in subsection (a) shall be made in writing and shall contain:
(a)
the name and address of the applicant;
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(b)
the name, address, telephone & e-mail of the organization represented by the
Applicant, if applicable;
(c)
the name of the contact person or persons who will be supervising the event
(d)
the source of the sound or vibration in respect of which the exemption is sought;
(e)
the provision of this By-Law from which the exemption is sought;
(f)
the date and time of commencement of the event for which the exemption is
sought;
(g)
the time of conclusion for each day of the event for which the exemption is
sought;
(h)
the duration of the event for which the exemption is sought;
(i)
the location of the event for which the exemption is sought;
(j)
rationale for granting an exemption;
(k)
payment of the inspection fee as described in Schedule A.
(c)
The CAO/Clerk may require the Applicant to provide documentation confirming that
notification of the event has been given to the affected parties including but not limited to
community associations, business improvement areas and adjacent residents and
businesses.
(d)
The CAO/Clerk 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
Schedule A attached hereto.
(e)
Decision
In deciding whether or not 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 sees fit.
(d)
Breach
Breach by the applicant of any of the terms or conditions of the exemption shall render
the exemption null and void.
7.
EXEMPTIONS:
(a)
The provisions of this By-Law shall not apply to the Township or any local board thereof,
the Province of Ontario, the Government of Canada or any of their agents or
to
any
activity upon property owned by the forgoing.
(b)
The provisions of this By-Law shall not apply to agricultural operations and
agricultural processing activities.
(c)
The provisions of this By-Law shall not apply to snow removal activities for hire.
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8.
PENALTY
Every person who contravenes any of the provisions 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, Chap P.33, R.S.O. 1990 as amended.
9.
TIME
Notwithstanding the Time Act, Chapter T. 9, R.S.O. 1990 as amended, so long as the
time commonly observed in the municipality is one hour in advance of Standard Time,
the times mentioned in this by-law shall be reckoned in accordance with the time so
commonly observed and not Standard Time.
10.
SEVERABILITY
Should any part, section, subsection or portion of this by-law be repealed or declared by a
court of competent jurisdiction to be illegal, the same shall not affect the validity of the
by-law as a whole or in part thereof, except for that which was declared to be invalid.
11.
SHORT TITLE
The short title of this By-law shall be "Noise Control By-law".
12.
ENFORCEMENT
This by-law shall be enforced by the By-Law Enforcement Officer so appointed by
Council.
13.
REPEAL
THAT By-law 2006-24of the Township of Horton and any other By-Laws inconsistent
with this By-Law are hereby repealed.
READ a first time this 3rd day of December, 2013.
READ a second time this 3rd, day of December, 2013.
READ a third and final time and passed time this 3rd, day of December, 2013.
___________________________
___________________________
MAYOR
CAO/CLERK
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SCHEDULE "A" Fees
Application Fee (Section 6)
$100.00
Application Fee (Section 6 - Non-Profit)
$ 5.00
Inspection Fee chargeable for administrative
or Township staff
$ 60.00/hour
______________________________________________________________________________
SET FINES & SHORT FORM WORDING
TOWNSHIP OF HORTON
PART 1 Provincial Offences Act
By-law 2013-56
The Noise Control By-law"
ITEM
COLUMN 1
Short Form Wording
COLUMN 2
Provision creating
or defining offence
COLUMN 3
Set Fines
Including costs Not
including Victim Surcharge
1
Operate engine or pneumatic device without effective
mufflers
2 (a)
$155.
2
Cause Disturbance - Operate motor vehicle or engine
2 (b)
$85.
3
Operate motor vehicle, engine or equipment more than
5 minutes
2 (c)
$85.
4
Unnecessary Noise - horn or other device
2(d)
$85.
5
Operate construction equipment without effective muffler
2 (e)
$155.
6
Detonation of firecrackers
2 (f)
$85.
7
Cause Noise - fireworks or explosive device
3 (a)
$85.
8
Cause Noise - discharge of firearm
3 (b)
$85
9
Cause Noise - model engine
3 (c)
$85
10
Cause Noise - electronic device
3 (d)
$85
11
Cause Noise - unnecessary use of audio signaling
device
3 (e)
$85
12
Cause Noise - motorized conveyance
3 (f)
$85
13
Cause noise - venting or pressure relief
3 (g)
$85.
14
Permit persistent - barking or other noise
3 (h)
$85
15
Operate car wash drying equipment
3 (i)
$85.
16
Cause Noise - yelling, shouting, hooting, whistling or
singing
3 (j)
$85
17
Selling or Advertising by shouting or amplified sound
3 (k)
$85.
18
Cause Noise - loading, unloading, packing, unpacking,
delivery or handling other material or refuse
3 (l)
$85.
19
Cause Noise - manufacturing of construction material
3 (m)
$255.
20
Cause Noise - operation of construction or
manufacturing equipment
3 (m)
$255.
21
Cause Noise - operate domestic tools
3 (n)
$85.
22
Cause Noise - operate solid bulk lift or refuse
compacting equipment
3 (o)
$155
23
Noise - Outdoor Patio
3 (p)
$85.
NOTE:
The penalty provision for the offences indicated above is section 8 of Township of Horton By-law 2013-
56.