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THE CORPORATION OF THE MUNICIPALITY OF
HURON SHORES
BY-LAW # 15-14
BEING A BY-LAW TO CONTROL NOISES.
WHEREAS the making, creation or maintenance of
excessive, unreasonable or nuisance noise within The
Corporation of the Municipality of Huron Shores (the
"Municipality") affects and is a detriment to public
health, comfort, convenience, safety and welfare of the
people of the municipality;
AND WHEREAS it is in the public interest to reduce the
noise level within the municipality, so as to preserve,
protect and promote the public health, safety, welfare
and peace and quiet of the inhabitants thereof;
AND WHEREAS, the Municipal Act, 2001, S.O. 2001,
C.25, s. 129, as amended, authorizes Municipal
Councils to pass by-laws to prohibit and regulate noise;
NOW THEREFORE, The Council of The Corporation of
The Municipality of Huron Shores hereby ENACTS AS
FOLLOWS:
1.
Interpretation
(1) In this by-law:
(a) "clearly audible" means a noise level that
a reasonable person would, consider to
be
excessive,
or
unnecessary,
or
intrusive, or disturbing or unacceptable;
(b) "construction
equipment"
means
any
equipment
or
device
designed
and
intended for use in construction or
material handling, including, but not
limited to, hand tools, power tools, air
compressors, pile drivers, pneumatic or
hydraulic
tools,
bulldozers,
tractors,
excavators, trencher, cranes, derricks,
loaders, scrapers, pavers, generator, off-
highway haulers or trucks, ditchers,
compactors and rollers, pumps, concrete
mixers,
graders
or
other
material
handling equipment;
(c) "construction work" includes but is not
limited to, erection, alteration, repair,
dismantling,
demolition,
structural
maintenance,
land
clearing,
earth
moving, grading, excavating, the laying
of pipe and conduit, whether above or
below ground level, street and highway
building,
application
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 with construction;
(d) "conveyance" includes a vehicle and any
other device employed to transport a
person or persons or goods from place to
place;
(e) "Council" means the Council of the
Corporation of the Municipality of Huron
Shores;
(f)
"highway" includes a common and public
highway,
street,
avenue,
parkway,
driveway, square, place, bridge, viaduct
or trestle, any part of which is designed
and intended for or used by the general
public;
(g) "inhabitants" means one or more persons
who reside in the Corporation of the
Municipality of Huron Shores;
(h) "motor vehicle" includes an automobile,
motorcycle, motor assisted bicycle and
any other vehicles propelled or driven
other 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,
R.SO. 1990 c. H.8 as amended;
(i)
"motorized
conveyance"
means
a
conveyance propelled or driven by other
than muscular, gravitational or wind
power;
(j)
"motorized
equipment"
means
any
equipment or device that contains an
engine or motor essential to the basic
function of such equipment or device;
(k) "municipality" means the land within the
geographic limit of the Corporation of the
Municipality of Huron Shores;
(l)
"noise" means unwanted sound;
(m) "nuisance
noise"
means
any
loud,
unnecessary or unusual sound or any
sound
whatsoever
which
annoys,
disturbs, injures, endangers or distracts
from the comfort, repose, health, peace
and/or safety of any reasonable person
as determined by an officer;
(n) "officer" means any member of the
Ontario Provincial Police force and any
other police force, police constable, or
By-law Enforcement Officer, designated
officer or other person appointed and
employed by the Municipality of Huron
Shores for preservation and maintenance
of public peace;
(o) "owner" includes:
(i) The person who for the time being,
manages or receives the rent for the
land or premises in connection with
which the land is used, whether on
the person's own account or as agent
or trustee of any other person, or
who would receive the rent if the land
and premises were let; and
(ii) A lessee or occupant of the property;
(p) "person"
means
any
individual
and
includes firm, partnership, association,
corporation,
company
or
groups
of
persons;
(q) "premises" means a building or buildings
including the associated land;
(r) "point of reception" means any point on
the premises of a person where noise
originating
from
other
than
those
premises is received;
(s) "power device" means any powered
device
used
in
the
servicing,
maintenance or repair of any property,
excluding devices driven by muscular
power and snow blowers;
(t) "property" means a building or structure
or part of a building or structure, the
lands appurtenant to the building or
structure,
all
mobile
homes,
mobile
buildings
or
mobile
structures
and
includes vacant land;
(u) "residential area" means any property
within the municipality which may be
occupied for residential use or which is
used in whole or in part for human
habitation;
(v) "sound" means an oscillation in pressure,
parties displacement, particle velocity or
other physical parameter, in a medium
with
internal
forces
that
causes
compression and rarefaction of that
medium and the description of sound
may include any characteristic of such
sound, including duration, intensity and
frequency.
2.
Prohibitions
(1) No person shall emit, cause or permit the
emission of sound or noise which is clearly
audible at a point of reception anywhere or at
any time within the municipality resulting
from any of the following acts:
(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,
motorized
equipment,
construction
equipment or pneumatic device without
an
effective
exhaust,
intake-muffling
device or other sound attenuation device
of a type specified by the manufacturer,
which is in good working order, and in
constant operation;
(d) the operation of a motor vehicle or a
motor vehicle with a trailer resulting in
banging, clanking, squealing or other like
sound due to improperly secured load or
equipment or inadequate maintenance;
(e) 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,
such as the operation of a radio,
television, stereo or other electronic
device including any amplification device
or any musical or other sound producing
instrument, in such a manner as to
disturb the peace and comfort of a
person or persons at a point of reception;
(f)
allowing the persistent barking, calling,
whining or other similar persistent noise-
making by any domestic pet or any other
animal kept or used for any purpose
other than agriculture;
(2) No person shall emit, cause or permit the
emission of sound, clearly or audible at a
point of reception located anywhere within the
municipality on any day at any time between
the hours of 10:00 p.m. and 7:00 a.m.,
inclusive, resulting from any of the following
acts:
(a) the operation of a combustion engine
which is in or is used in or is intended for
use in a toy or a model or replica of any
device which model or replica has no
function other than amusement and
which is not a conveyance;
(b) any loud, abusive, obscene language or
singing or shouting or speaking or
hooting or whistling likely to disturb any
inhabitant;
(c) loading, unloading, delivering, packing,
unpacking or otherwise handling any
containers, product, materials or refuse
unless necessary for the maintenance of
essential services or moving of private
household effects;
(d) the
operation
of
any
motorized
equipment except in a case of short term
emergency;
(e) the operation of any power device or any
tool for domestic purposes other than
snow removal except in the case of short
term emergency; and
(f)
construction work.
3.
Owner/Occupier Responsibilities
The property owner, lessee, occupier or person in
control of a premises is responsible for nuisance
noise created by invitees, guests or other persons
on the premises in the same manner as the
person actually creating the nuisance noise
unless the property owner, lessee, occupier or
person in control of the premises establishes that
due diligence has been exercised in a bona fide
effort to control and abate such nuisance noise.
4.
Limitations
(1) No person shall operate an engine or motor in
or on any motorized conveyance or attached
auxiliary equipment for a continuous period
exceeding five minutes while it is stationery in
a Residential Area unless:
(a) the operation of such engine or motor is
essential to the basic function of the
motorized
conveyance
or
equipment
including, but not limited to, lift platforms
and refuse compactors;
(b) prevailing low temperatures make longer
idling periods necessary immediately after
starting the motor or engine; or
(c) the idling is for the purpose of cleaning
and flushing the radiator and associated
circulation systems for seasonal change of
antifreeze, cleaning of the fuel system or
carburetor when such work is performed
other than for profit.
5.
Permitted Noises
None of the provisions of this By-law shall apply
to:
(1) Agricultural
farming
operations
including
and/or the use of implements of husbandry in
the operation of agricultural endeavours;
(2) sound
emanating
from
any
community
festival, street festival, block party or wedding
reception;
(3) snow clearing, road maintenance and road
construction vehicles and equipment operated
by the Municipality or its agents and/or
contractors;
(4) sound emanating from the clearing of snow
from private parking lots and/or driveways;
(5) grass and field of play maintenance vehicles
and equipment operated by the Municipality
and or its agents and/or contractors;
(6) sound emanating from the Fire Hall alarm, or
the sirens of any emergency vehicle while
engaged in providing emergency work or
responding to an emergency or during testing
of the emergency measures civil defense or
warning siren;
(7) the use of any bell, chime or similar sound for
the purpose of calling persons to church
and/or similar school services;
(8) the use, in reasonable manner, of any
apparatus, mechanism or device for the
amplification of the human voice or of music
on public property in connection with any duly
approved public meeting, celebration or other
public gathering;
(9) noise or emission of sound emanating from
activity conducted by the Municipality, the
Province of Ontario, the Government of
Canada or any agents authorized thereof,
when undertaking measures for the:
(a) immediate health, safety or welfare of the
inhabitants of the Municipality; or
(b) preservation, restoration or demolition of
any highway.
6.
Exemptions By Application
(1) Despite anything contained in this by-law, any
person may, no later than sixty (60) days
prior to the date of which an exemption may
be requested, make a request to Council in
writing for an exemption from any of the
provisions of this by-law and any such request
for exemption request shall contain the
following:
(a) the name and address of the applicant;
(b) the location of the event or activity for
which the exemption is being sought;
(c) a description of the source of sound for
which the exemption is being sought;
(d) a statement of the particular provision or
provisions of the by-law from which
exemption is being sought;
(e) the dates and period of time for which the
exemption is being sought;
(f) the reasons why the exemption should be
granted; and
(g) a statement of the steps, if any, planned
to be or presently being undertaken, to
bring about compliance with this by-law.
(2) The Council of the Municipality may, following
a review of the request for exemption at a
Council meeting, at the applicant's expense,
cause a notice of the request for exemption to
be published in a newspaper having general
circulation within the Municipality, setting out
a date and time when the request for
exemption will be considered.
(3) The Council may, by resolution, grant the
exemption applied for or any exemption of
lesser effect, or refuse to grant an exemption.
Any exemption granted shall specify the time
period during which it is effective and may
contain such terms and conditions as the
Council sees fit.
7.
Breach of Permitted Exemption
Any breach of any of the terms or conditions of
an exemption granted by the Council or the
failure of the applicant to pay any required fee in
relation to an exemption, shall immediately
render the exemption null and void.
8.
Vexatious Complaints
Where an officer has determined that a complaint
has been filed for a malicious or vexatious
reason, or as part of an ongoing pattern of
harassment, and does not involve a matter of
serious health, safety, or breach of the Noise By-
law, the officer may cease the investigation and
close the file with no further action being taken.
9.
Offence
Every person who contravenes any provision of
this by-law is guilty of an offence and, upon
conviction, is liable to a fine, exclusive of costs
and every such fine is recoverable under the
Provincial Offences Act, R.S.O. 1990, c. P.33, as
amended.
10.
This by-law shall come into full force and take
effect upon the final passing thereof.
Read a first, second and third time and passed in open
Council this 25th day of March, 2015.
_____________________________
MAYOR - L. C. (Gil) Reeves
_____________________________
CLERK - Deborah Tonelli
Part I - PROVINCIAL OFFENCES ACT
THE CORPORATION OF THE MUNICIPALITY OF HURON SHORES - By-Law 15 - 14 Set Fine Schedule A
TITLE: A BY-LAW TO CONTROL NOISES
ITEM
COLUMN 1
COLUMN 2
COLUMN 3
SHORT FORM WORDING
Offence Creating Provision Set Fine
or Defining Offence
1.
Cause/Permit Noise - racing a motorized conveyance
Sec. 2 (1) (a)
$125.00
2.
Cause/Permit Noise - squealing tires
Sec. 2 (1) (b)
$125.00
3.
Cause/Permit Noise - operate motor vehicle without effective muffler
Sec. 2 (1) (c)
$125.00
4.
Cause/Permit Noise - operate motorized equipment without effective
muffler
Sec. 2 (1) (c)
$125.00
5.
Cause/Permit Noise - operate construction equipment without effective
muffler
Sec. 2 (1) (c)
$125.00
6.
Cause/Permit Noise - operate pneumatic device without effective muffler
Sec. 2 (1) (c)
$125.00
7.
Cause/Permit Noise - operate vehicle causing noise
Sec. 2 (1) (d)
$125.00
8.
Cause/Permit Noise - operate vehicle and trailer causing noise
Sec. 2 (1) (d)
$125.00
9.
Cause/Permit Noise - operate loudspeaker or
electro-mechanical transducer
Sec. 2 (1) (e)
$125.00
10.
Permit Noise - noise caused by domestic animal
Sec. 2 (1) (f)
$125.00
11.
Cause/Permit Noise - operate a model combustion engine
during prohibited times
Sec. 2 (2) (a)
$125.00
12.
Cause/Permit Noise - singing during prohibited times
Sec. 2 (2) (b)
$125.00
13.
Cause/Permit Noise - shouting during prohibited times
Sec. 2 (2) (b)
$125.00
14.
Cause/Permit Noise - yelling during prohibited times
Sec. 2 (2) (b)
$125.00
15.
Cause/Permit Noise - hooting during prohibited times
Sec. 2 (2) (b)
$125.00
16.
Cause/Permit Noise - whistling during prohibited times
Sec. 2 (2) (b)
$125.00
Part I - PROVINCIAL OFFENCES ACT
THE CORPORATION OF THE MUNICIPALITY OF HURON SHORES - By-Law 15 - 14 Set Fine Schedule A
TITLE: A BY-LAW TO CONTROL NOISES
ITEM
COLUMN 1
COLUMN 2
COLUMN 3
SHORT FORM WORDING
Offence Creating Provision Set Fine
or Defining Offence
17.
Cause/Permit Noise - handling of materials during prohibited times
Sec. 2 (2) (c)
$125.00
18.
Cause/Permit Noise - operate motorized equipment
during prohibited times
Sec. 2 (2) (d)
$125.00
19.
Cause/Permit Noise - operate tool for domestic purpose
during prohibited times
Sec. 2 (2) (e)
$125.00
20.
Cause/Permit Noise - construction work during prohibited times
Sec. 2 (2) (f)
$125.00
21.
Cause/Permit Noise - operate engine of motorized conveyance
in excess of five minutes during prohibited times
Sec. 4 (1)
$125.00
Note:
The penalty provision for the offences listed above is section 9 of By-Law No. 15 -14, a certified copy of which has been filed
and s.61 of the Provincial Offences Act, R.S.O. 1990, c.P.33, as amended.