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THE CORPORATION OF THE
TOWN OF INGERSOLL
BY-LAW NO. 19-5060
BEING A BY-LAW TO PROVIDE FOR THE REGULATION
AND PROHIBITION OF NOISE EMITTED IN THE
TOWN OF INGERSOLL.
WHEREAS section 129 of the Municipal Act, 2001 S.O. 2001, c. 25, as amended,
provides that a local municipality may prohibit and regulate with respect to noise, and
may prohibit unless a permit is obtained from the municipality for noise, and may
impose conditions for obtaining, continuing to hold, and renewing the permit;
AND WHERAS it is deemed expedient and necessary for Council to exercise the power
conferred upon it by the Municipal Act and prohibit and regulate noise in the Town of
Ingersoll;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF
INGERSOLL ENACTS AS FOLLOWS:
1.
DEFINITIONS
1.1.
Agriculture Area - shall mean any area zoned D - Development Zone in Town
of Ingersoll Zoning By-law 04-4160, as amended. Or shall mean a property
that is zoned for agricultural use in the zoning by-law that applies to the
property.
1.2.
Commercial Area - shall mean any area zoned CC, HC and EC in Town of
Ingersoll Zoning By-law 04-4160, as amended. Or shall mean a property that is
zoned for commercial use in the zoning by-law that applies to the property.
1.3.
Construction equipment--shall include a bulldozer, excavator, trencher,
jackhammer, crane, loader, scraper, paver, compactor, roller, grader, concrete
mixer and all like equipment.
1.4.
Council--shall mean the Council of the Corporation of the Town of Ingersoll.
1.5.
Emergency Vehicle--shall mean any vehicle of law enforcement, fire
department, ambulance, or any public service while answering a call.
1.6.
Firearm--shall mean a barreled weapon from which any shot, bullet or other
projectile can be discharged and that is capable of causing serious bodily injury
or death to a person, and includes any frame or receiver of such barreled
weapon and anything that can be adapted for use as a firearm; excluding spring
and air powered firearms, long or cross bows.
1.7.
Holiday--shall mean any holiday set our as a holiday in the Retail Business
Holidays Act, R.S.O. 1990, c. R. 30, or any successor thereof.
1.8.
Industrial Area -- shall mean any area zoned MR and MG in Town of Ingersoll
Zoning By-law 04-4160, as amended.
1.9.
Institutional Area - shall mean any area zoned IN1 and IN2 in Town of Ingersoll
Zoning By- law 04-4160, as amended.
1.10. Noise-- shall mean sound that is of such a volume or nature that it is likely to
disturb one or more persons.
The Corporation of the Town of Ingersoll
By-law No. 19-5060
Page 2
1.11. Other Area--shall mean any area of the Town not Zoned R1, R2, R3, R4, CC,
EC, HC, MR, MG, D, IN1, IN2, and REC.
1.12. Person--shall include a corporation, organization, association, partnership, or
any entity comprised of one or more individuals.
1.13. Residential Area--shall mean any area zoned R1, R2, R3 or R4 in the
Town of Ingersoll Zoning By-Law 04-4160, as amended.
1.14. Source of Sound--shall mean an activity, matter, thing, or tangible personal
property or real property, from which a noise is emitted;
1.15. Town--shall mean The Corporation of the Town of Ingersoll.
2.
GENERAL PROHIBITIONS
No person shall, at any time, emit, cause, or permit to be emitted or caused, any noise
created by:
2.1
The persistent barking, calling or whining of any domestic pet;
2.2
The squealing of motor vehicle tires for reasons other than emergency braking;
2.3
The use of a horn, whistle, alarm, bell, gong, or similar device, except for an
auditory safety or warning device;
2.4
The detonation of explosives;
2.5
The operation of an air conditioner, pool pump or filter, heat pump or any similar
device that is not in proper working order;
2.6
The operation of a combustion engine without an effective exhaust muffling
device in proper working order.
3.
PROHIBITIONS BY TIME AND PLACE
No person shall emit, cause or permit to be emitted or caused any noise created by an
activity listed in Schedule "A" of this By-Law during the time and in the area such noise
is prohibited as set out in Schedule "A".
4.
EXEMPTIONS
4.1.
Notwithstanding any other provision of this by-law, it shall be lawful to emit or
cause or permit the emission of noise in connection with the following:
4.1.1 Emergency measures undertaken for the immediate health, safety or
welfare of the inhabitants of the Town, including the operation of
sirens on emergency vehicles and the discharge of firearms by peace
officers in the performance of their duties;
4.1.2 The operation, maintenance, or installation of municipally-owned
infrastructure, facilities, or the like, by the Town, its servants,
employees, contractors, or agents;
4.1.3 Necessary municipal operations, including but not limited to snow
removal, street cleaning, and garbage collection, undertaken by or on
behalf of the Town;
4.1.4 Public events, celebratory events and charity events held on the
property of properly zoned assembly hall;
4.1.5 Activities authorized by the Town, including but not limited to:
4.1.5.1
Road and Bicycle races;
4.1.5.2
Parades, public processions, walks or marches;
The Corporation of the Town of Ingersoll
By-law No. 19-5060
Page 3
4.1.5.3
Midways and Circuses;
4.1.5.4
Fireworks displays;
4.1.5.5
Sporting, recreational, and entertainment events in public parks,
buildings or grounds, as approved by the Town of Ingersoll;
4.1.5.6
Musical and other performances in public parks, buildings
or grounds, as approved by the Town of Ingersoll;
4.1.5.7
Special neighbourhood social activities on streets or other public
land;
4.1.5.8
Union protests and demonstrations such as National Day of
Remembrance; Action on Violence Against Women; International
Day of Mourning for Workers Killed and Injured on the job.
4.1.6 Snow removal that is essential for the normal operation of a business;
4.1.7 The ringing of bells or chimes in connection with any Church, Chapel,
meeting house, or religious service, including Church clocks striking the
hour and the playing of any church carillon;
4.1.8 Normal farm practices within the meaning of the Farming and Food
Protection Act, 1998, S.O. 1998, c. 1 as amended, or any successor
thereof.
4.2.
Notwithstanding the provisions of this By-law, any person may apply to Council
for an exemption to any provision of this By-law with respect to any noise to allow
such person to emit, cause or permit such noise for the period of time set out in
such application, and Council may grant such exemption, grant an alternative
exemption or refuse such exemption, and may set out conditions to be met as
Council sees fit for any exemption granted.
4.3.
Every person applying for an exemption under section 4.2 of this By-law shall, at
least 10 business days prior to the Council meeting at which the request for
exemption is to be addressed by Council, provide to the Clerk of the Town an
application in writing that shall contain:
4.3.1 The name, address, email and telephone number of the applicant;
4.3.2 A description of the source and location of sound in respect of which
exemption is sought;
4.3.3 A statement of the particular provision or provisions of this By-law from
which exemption is being sought;
4.3.4 The period of time, of a duration not in excess of six months, for which the
exemption is sought;
4.3.5 The reason why the exemption should be granted;
4.3.6 If applicable, a statement of the steps, if any, planned or presently being
taken to bring about compliance with the By-law;
4.3.7 Payment of the exemption-processing fee, if any, in the amount set by
Council and in effect at the time of such exemption request.
4.4.
Where an exemption is granted by Council for an annual festival the annual
request may be approved by the Clerk's department provided the hours and
condition of the exemption request have not changed from that previously
approved by Council.
4.5.
In deciding whether to grant the exemption under section 4.2 of this By-law,
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 deems
appropriate.
The Corporation of the Town of Ingersoll
By-law No. 19-5060
Page 4
4.6.
A breach of any of the terms or condition of an exemption granted by Council
under section 4.2 of this By-law that is emitted, caused, or permitted to be
emitted or caused by the applicant shall render the exemption null and void.
4.7.
Notwithstanding any other provision of this by-law, Sections 2 and 3 of this by-
law shall not apply where the source of sound is located within an Industrial Area
and if the sound is in accordance with the terms and conditions of a valid
Certificate of Approval, provisional Certificate of Approval or other approval issued
under the Environmental Protection Act, R.S.O. 1990, c. E.19, where such
approval addresses sound as a source of contamination.
5.
ENFORCEMENT
This By-law shall be enforced by the Town By-law Enforcement Officer or an Ontario
Provincial Police Officer.
6.
OFFENCE
Every person who contravenes this By-law is guilty of an offence.
7.
PENALTY
Every person who is convicted of an offence shall be liable to a penalty as set out in
Section 61 of the Provincial Offences Act, R.S.O. 1990, c. P.33, as amended, or any
successor thereof, with a minimum penalty of one hundred and twenty-five dollars
($125.00), for each day or part of a day on which an offence occurs and continues and
a maximum penalty of two-thousand ($2,000), for each day or part of a day on which
an offence occurs and continues.
8.
SEVERABI LITY
If any provision of this By-law is declared invalid or unenforceable by any
competent authority, such provision shall be deemed severed and shall not affect
the validity or enforceability of the remaining provision of this By-law.
9.
SCHEDULES
Schedule "A" and Schedule "B" attached hereto shall form part of this By-law.
10.
REPEAL
By-law 94-3633, as amended, is now repealed in its
entirety.
11.
SHORT TITLE
The short title of this By-law is "the Ingersoll Noise Control By-law".
12.
EFFECTIVE DATE
This By-law shall come into full force an effect upon third and final reading.
READ a first and second time this 12th day of August, 2019.
READ a third time and finally passed this 12th day of August, 2019.
Edward (Ted) Comiskey, Mayor
Michael Graves, Clerk
SCHEDULE "A"
TO BY-LAW NO. 19-5060, as
amended
NOISE CREATED FROM THE
FOLLOWING ACTIVITIES IS
PROHIBITED
PROHIBITED TIME OF DAY
PROHIBITED AREA
1. The operation of a radio television,
stereo or other electronic device
including any amplification device, or any
musical or other sound producing
instrument
At all times
Residential, Industrial,
Institutional,
Agricultural,
Commercial
2. Yelling, shouting or the like
Monday to Friday: 11:00 p.m. to
7:00 a.m. of the following day;
Restricted to 9:00 a.m. if the
following day is a Saturday,
Sunday or Holiday
Residential
3. The operation of a car wash
Monday to Friday: 11:00 p.m. to
7:00 a.m. of the following day;
Restricted to 9:00 a.m. if the
following day is a Saturday,
Sunday or Holiday
Residential, Industrial,
Commercial
4. The venting or release of steam, the
operation of a generator or air filtration
system, noise from grinding, milling, the
operation of machinery, or the like unless
the sound is in accordance with the
terms and conditions of a valid Certificate
of Approval, provisional Certificate of
Approval or other approval issued under
the Environmental Protection Act, R.S.O.
1990, c. E.19, where such approval
addresses sound as a source of
contamination.
Monday to Friday: 9:00 p.m. to
7:00 a.m. of the following day;
Restricted to 9:00 a.m. if the
following day is a Saturday,
Sunday or Holiday
Residential
Monday to Friday: 11:00 p.m. to
7:00 a.m. of the following day;
Restricted to 9:00 a.m. if the
following day is a Saturday,
Sunday or Holiday
Industrial, Institutional,
Agricultural
5. The operation of waste collection
machinery or refuse compacting
equipment.
Monday to Friday: 9:00 p.m. to
7:00 a.m. of the following day
Restricted to 9:00 a.m. if the
following day is a Saturday,
Sunday or Holiday
Residential
Monday to Friday: 11:00 p.m. to
7:00 a.m. of the following day;
Restricted to 9:00 a.m. if the
following day is a Saturday,
Sunday or Holiday
Industrial, Institutional,
Commercial
6. Loading, unloading, packing, delivering
or otherwise handling any container,
product or material unless necessary for
the maintenance of essential services or
for the moving of private household
effects.
Monday to Friday: 9:00 p.m. to
7:00 a.m. of the following day;
Restricted to 9:00 a.m. if the
following day is a Saturday,
Sunday or Holiday
Residential
Monday to Friday: 11:00 p.m. to
7:00 a.m. of the following day;
Restricted to 9:00 a.m. if the
following day is
a Saturday, Sunday or Holiday;
Institutional
7. The operation of any tool including a
hammer, saw, nail gun, lawnmower,
staple gun, hedge trimmer, drill, or the
like.
Exemption: Shall not include a
snowblower.
Monday to Friday: 9:00 p.m. to
7:00 a.m. of the following day;
Restricted to 9:00 a.m. if the
following day is a Saturday,
Sunday or Holiday
Residential,
Commercial
8. The operation of a combustion engine for
a toy or a replica of a larger device such
as a remote controlled toy aeroplane.
Monday to Sunday and Holidays:
9:00 p.m. to 9:00 a.m. of the
following day
Residential
9. The misuse of a dirt bike, all-terrain
cycle, snowmobile, go-cart, dune buggy
or like conveyance.
At all times.
Residential,
Agricultural
10. The operation of construction equipment.
Monday to Friday: 7:00 p.m. to
7:00 a.m. of the following day;
Restricted to 9:00 a.m. if the
following day is a Saturday
Restricted at all times on
Sundays and Holidays.
Residential,
Commercial
11. The operation of gravel or sand pit, stone
quarry or stone crushing operation.
Monday to Friday: 7:00 p.m. to
7:00 a.m. of the following day;
Restricted to 8:00 am if the
following day is a Saturday
Restricted to 1:00 pm on
Saturday until 7:00
a.m. on Monday
Any holiday
Industrial
Corporation of the Town of Ingersoll
Part I Provincial Offences Act
By-law No. 19-5060, as amended: Ingersoll Noise Control
By-law Schedule "B"
Item
Short Form Wording
Provision Creating
or
Defining Offence
Set Fine
1.
Permitting a domesticated pet to make noises
disturbing others (i.e. dog barking).
2. (2.1)
$125.00
2.
Squealing of motor vehicle tires.
2. (2.2)
$125.00
3.
Use of a horn, whistle, alarm, bell, gong or similar
device - disturbing other persons.
2. (2.3)
$125.00
6.
Idling of a vehicle motor in excess of 10 minutes and
creating noise.
2. (2.5)
$125.00
7.
Operation of an air conditioner, pool pump or filter,
heat pump or any similar device that is not in proper
working order that creates noise.
2. (2.6)
$125.00
8.
Operation of a combustion engine without an
effective exhaust muffling device in proper working
order that creates noise.
2. (2.7)
$125.00
9.
Operation of a vehicle radio, stereo, or any similar
device that creates noise.
2. (2.8)
$125.00
10.
Operation of a radio television, stereo or other
electronic device including any amplification device,
or any musical or other sound producing instrument
when prohibited.
S.3 Schedule A(1)
$125.00
11.
Yelling, shouting or the like when prohibited.
S.3 Schedule A(2)
$125.00
12.
Operation of a car wash when prohibited.
S.3 Schedule A(3)
$125.00
13.
Venting or release of steam, the operation of a
generator or air filtration system, noise from grinding,
milling, the operation of machinery, or the like when
prohibited.
S.3 Schedule A(4)
$125.00
14.
Operation of waste collection machinery or refuse
compacting equipment when prohibited.
S.3 Schedule A(5)
$125.00
15.
Loading, unloading, packing, delivering or otherwise
handling any container, product or material when
prohibited.
S.3 Schedule A(6)
$125.00
16.
Operation of any tool including a hammer, saw, nail
gun, lawnmower, staple gun, hedge trimmer, drill, or
the like when prohibited.
S.3 Schedule A(7)
$125.00
17.
Operation of a combustion engine for a toy or a
replica of a larger device when prohibited.
S.3 Schedule A(8)
$125.00
18.
Misuse of a dirt bike, all-terrain cycle, snowmobile, go-
cart, dune buggy or like conveyance.
S.3 Schedule A(9)
$125.00
19.
Operation of construction equipment when
prohibited.
S.3 Schedule A(10)
$125.00
20.
Operation of gravel or sand pit, stone quarry or stone
crushing operation when prohibited.
S.3 Schedule A(11)
$125.00
Note: the general penalty provision for the offences listed above is section 7 of
bylaw no. 19-5060, certified copies of which have been filed.