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Corporation of the Township of Howick
By-law No. 29-2023
BEING A BY-LAW TO REGULATE AND/OR PROHIBIT WITH RESPECT
TO NOISES IN THE TOWNSHIP OF HOWICK
WHEREAS Section 129 (1) of the Municipal Act, 2001, S.O. 2001, c.25, as amended ("the
Act") provides that a local municipality may prohibit and regulate with respect to noises and
vibrations;
AND WHEREAS pursuant to the Act, Section 8 (1) and 9 provide that the powers of a
municipality under this or any other Act shall be interpreted broadly so as to confer broad
authority on the municipality to enable the municipality to govern its affairs as it considers
appropriate and to enhance the municipalities ability to respond to municipal issues and has
the capacity, rights, powers and privileges of a natural person for the purpose of exercising its
authority under this or any other Act;
AND WHEREAS the residents of Howick Township have a right to and should be ensured an
environment free from unusual, unnecessary or excessive sounds or vibrations, which may
degrade the quality and tranquility of their life or cause nuisance;
AND WHEREAS it is deemed expedient and necessary to regulate or prohibit noises and
vibrations likely to disturb the inhabitants of the Township of Howick;
NOW THEREFORE the Council of the Corporation of the Township of Howick enacts as
follows:
SECTION 1 - INTERPRETATION
Short title
1.1. This by-law may be cited as the "Noise Control By-law".
Headings
1.2. The division of this by-law into parts and the insertion of headings are for convenient
reference only and shall not affect interpretation of this by-law.
Word usage
1.3. Words in the present tense include the future or past, singular words shall be deemed
to include plural and words in plural shall be deemed to include singular and shall read
with all changes in gender or number as the context may require.
References to applicable law
1.4. All references to applicable law are ambulatory and apply as amended from time to
time.
Conflict
1.5. Where there is a conflict between a provision of this By-law and a provision of any
other Municipal By-law, it shall be at the discretion of the By-law Enforcement Officer
to determine which By-law shall apply.
Noise Control By-law No. 29-2023
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Definitions
1.6. For the purposes of this By-law all words shall have their normal and customary
meaning save and except for those hereinafter defined:
"Construction" includes erection, alteration, repair, dismantling, demolition, structural
maintenance, painting, moving, land clearing, earthmoving, grading, excavating, the laying
of pipe and conduit whether above or below ground level, street and highway building,
concreting, 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
the use in construction work or material handling, including but not limited to a bulldozer,
excavator, trencher, jack hammer, crane, loader, scraper, paver, compactor, roller, grader,
concrete mixer, off-highway haulers or trucks, tractor, ditchers, air compressor, pile drivers,
pneumatic or hydraulic tools, generators, pumps or other material handling equipment.
"Conveyance" includes a vehicle or any other device employed to transport a person or
persons or goods from place to place;
"Council" means The Council of the Corporation of the Township of Howick;
"Highway" includes a common and public highway, street, avenue, parkway, driveway,
square, place, bridge, viaduct or trestle designed and intended for, or used by, the general
public for the passage of vehicles;
"Holiday" means any holiday as set out as a holiday in the Retail Business Holidays Act,
R.S.O. 1990, Chapter R.30 or any successor thereof.
"Motor Vehicle" includes an automobile, motorcycle, and any other vehicle propelled or
driven otherwise than by muscular power; but does not include the cars of electric or
steam railways, or other motor vehicles running only upon rails, or a motorized snow
vehicle, traction engine, farm tractor, self-propelled implement of husbandry or road
building machine within the meaning of the Highway Traffic Act;
"Motorized Conveyance" means a conveyance propelled or driven otherwise than by
muscular, gravitational or wind power;
"Noise" means sound that is of such a volume or nature that is likely to disturb the
inhabitants of the Municipality;
"Officer" means a person appointed as a By-Law Enforcement Officer, a Police Officer or
any individual duly appointed to enforce the by-laws of the Township;
"Point of Reception" means any point where noise or vibration originating from a location
other than that point is received;
"Township" means the land within the geographic limits of The Corporation of the
Township of Howick.
Noise Control By-law No. 29-2023
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SECTION 2 - GENERAL PROHIBITIONS
2.1. Except as provided in section 3, no person shall cause any unusual noise or noises
likely to disturb the inhabitants of the Township or allow or permit such noises to be
made.
2.2. Notwithstanding the generality of section 2.1, the following noises at point of reception
are deemed to be noises likely to disturb the inhabitants of the Township:
2.2.1. Racing of any motorized conveyance, other than in a racing event regulated by law;
2.2.2. the squealing of motor vehicle tires while such vehicle is on property other than a
highway as set out in the Highway Traffic Act, R.S.O. 1990, Chap. H.8, or any
successor thereof;
2.2.3. Operation of a vehicle, or a vehicle with a trailer, resulting in banging, clanking,
squealing or other like sounds due to improperly secured load or equipment, or
inadequate maintenance;
2.2.4. Operation of any combustion engine or pneumatic equipment without an effective
exhaust or intake muffling device in good working order and in constant operation;
2.2.5. The noise caused by construction and use of construction equipment that is clearly
audible at the point of reception between 9:00 pm of any day and 7:00 am of the
following day (or 9:00 am if the following day is a Sunday or Holiday);
2.2.6. The noise caused by the use or operation of a lawnmower, chainsaw, leaf blower or
any other such noise generating tool or device that is clearly audible at a point of
reception between 10:00 pm of any day and 7:00 am of the following day (or 9:00
am if the following day is a Sunday or Holiday).
2.2.7. the idling of a vehicle motor in excess of five minutes, while in a residential zone,
except where:
(a) such operation is essential to the basic function of the vehicle or equipment
i.e. a ready-mix concrete truck, refuse compactor;
(b) weather conditions dictate the use of heating or refrigeration systems
powered by motor/engine for the safety of people, animals, perishable cargo,
etc., and the vehicle is delivering or loading;
(c) low temperatures make longer idling necessary;
(d) idling is for the purpose of cleaning and flushing circulation or fuel systems;
2.2.8. Operation of a motor vehicle horn or other warning device, except where authorized
by law or in accordance with good safety practices;
2.2.9. Operation of a vehicle radio, stereo or the like;
2.2.10. Discharging of fireworks, except during specified public holidays;
Noise Control By-law No. 29-2023
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2.2.11. Detonation of explosive devices not used for construction purposes;
2.2.12. the operation of any radio, electronic device, musical instrument, public address
system, amplified sounds producing device or other sound device which can be
heard over 30 meters from the stationary source or other source of the sound.
2.2.13. the use of a horn, whistle, alarm, bell, gong or the similar item, except for an
auditory safety or warning device or chimes used in association with a religious
establishment;
2.2.14. yelling, shouting or the like;
2.2.15. Persistent barking, calling, whining, or other similar persistent noise made by any
domestic pet or animal.
SECTION 3 - EXEMPTIONS
Exempt Activities
3.1. This By-law does not apply:
3.1.1. during an emergency involving the health, safety or welfare of the public;
3.1.2. for the sounds associated with any emergency or law enforcement vehicle;
3.1.3. where the Town, its servants, employees, contractors or agents are carrying out
town operations or operating, maintaining or installing municipally owned
infrastructure, facilities or the like;
3.1.4. to noise created by the activity of snow removal;
3.1.5. to parades, circuses, entertainment activities in public parks or neighbourhood social
activities when such events are approved by Council and such activity or event is in
compliance with the conditions set by Council in approving such activity or event;
3.1.6. noise from any sporting, recreational, musical, entertainment or other event or
performance which has been duly authorized, such noise or vibration as would be
reasonably associated with the event and occurring only for the duration of the
event, is permissible;
3.1.7. noise from an "agricultural operation" as defined in the Farming and Food
Production Protection Act, 1998, S.O. 1998, c.1, carrying out a normal farm practice
as provided for and defined under that Act;
3.1.8. to the operation of excavation equipment when used in a cemetery in conjunction
with interment services;
3.1.9. for the emergency preservation or restoration of property, unless such sound or
vibration is clearly of a longer duration or nature than is reasonably necessary for the
purpose;
3.1.10. to the use of religious bells or chimes associated with religious activities;
3.1.11. to the detonation of fireworks on these public holidays:
Noise Control By-law No. 29-2023
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(a) New Year's Eve;
(b) New Year's Day;
(c) Victoria Day;
(d) Canada Day;
(e) Civic Day; and
(f) Labour Day.
Exemptions by Council
3.2. Notwithstanding any provision of this by-law, any person may make application to the
Council of the Township of Howick to be granted an exemption from any provision of
the by-law with respect to any source of sound or vibration for which he/she might be
prosecuted.
3.3. Council may, by resolution:
a) grant the requested exemption;
b) grant an exemption of lesser effect; or
c) refuse the requested exemption.
3.4. Any exemption granted shall specify a time period, not to exceed six months, for which
it will be effective, and may contain such terms and conditions as Council deems
necessary. Breach of any of the terms and conditions shall render the exemption null
and void.
3.5. No person shall breach any of the terms or conditions of any exemption granted by
Council.
SECTION 4 - ADMINISTRATION AND ENFORCEMENT
4.1. This by-law shall be administered and enforced by the Township, an Officer, or any
person appointed or otherwise delegated the authority of administration and
enforcement.
Obstruction
4.2. No person shall hinder or obstruct, or attempt to hinder or obstruct, any officer
exercising a power or performing a duty under this by-law.
4.3. Where an officer has reasonable grounds to believe that an offence has been
committed by a person, the authorized officer may require the name, address and
proof of identity of that person, and the person shall supply the required information.
Entry to land
4.4. An officer who has reasonable grounds to believe that an offence has been committed
under this by-law, may enter on land at any reasonable time without a warrant for the
purposes of carrying out an inspection to determine compliance with this by-law.
Noise Control By-law No. 29-2023
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Owner presumed to permit noise
4.5. The owner of a property where prohibited noise is or was originating from shall be
presumed to have permitted the noise, which presumption may be rebutted by
evidence to the contrary on a balance of probabilities.
SECTION 5 - PENALTY, SEVERABILITY, FORCE AND EFFECT
Offence
5.1. Every person who contravenes a provision of this by-law, including an order issued
under this by-law, is guilty of an offence.
5.2. If a corporation has contravened a provision of this by-law, every director and officer
of the corporation who knowingly concurred in such a contravention is guilty of an
offence.
Continuing offence
5.3. Each day on which a person contravenes any provision of this by-law shall be
deemed to constitute a separate offence under this by-law as provided for in section
429(2) of the Municipal Act, S.O. 2001, c. 25.
Multiple offence
5.4. For the purposes of this by-law, a "multiple offence" means an offence in respect of
two or more acts or omissions each of which separately constitutes an offence and is
a contravention of the same provision of a by-law.
Subsequent offence
5.5. For the purposes of this by-law, an offence is a second or subsequent offence if the
act giving rise to the offence occurred after a conviction had been entered at an
earlier date for the same offence.
Penalty
5.6. 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 by the Provincial Offences Act
R.S.O. 1990 c.P.33 as amended.
5.7. Every person who contravenes any other provision of this by-law is guilty of an
offence, and upon conviction pursuant to Part III of the Provincial Offences Act,
R.S.O. 1990, Chapter P. 33, as amended, is liable to the following penalties:
(a) upon a first conviction, to a fine of not less than $300 and not more than
$50,000;
(b) upon a second or subsequent conviction, to a fine of not less than $400 and not
more than $100,000;
(c) upon conviction for a continuing offence, to a fine of not less than $300 and not
more than $10,000 for each day or part of a day that the offence continues. The
total of the daily fines may exceed $100,000;
Noise Control By-law No. 29-2023
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(d) upon conviction of a multiple offence, for each offence included in the multiple
offence, to a fine of not less than $300 and not more than $10,000. The total of
all fines for each included offence is not limited to $100,000.
Severability
5.8. It is hereby declared that notwithstanding that any part of this by-law, or parts thereof,
may be found by any Court of law to be invalid or beyond the power of Council to
enact such section or sections or parts thereof shall be deemed to be severable and
that all other sections or parts of this by-law are separate and independent there from
and enacted as such.
Force and effect
5.9. This By-law shall come into force and effect on the date of final passing of this By-
law.
5.10.
Upon the final passing of this by-law, By-law No. 19-2004 is hereby repealed.
Read a first and second time this 2nd day of May, 2023.
Read a third time and finally passed this 2nd day of May, 2023.
Reeve, Doug Harding
Clerk-Administrator, Caitlin Gillis