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The Corporation of the City of Kawartha Lakes
Office Consolidation of By-law 2019-124
Consolidated on December 21, 2021
Passed by Council on September 24, 2019
Amendments:
By-law 2021-201December 14, 2021Schedule B
Note: This consolidation is prepared for convenience only. For accurate reference the original by-laws should be reviewed.
The Corporation of the City of Kawartha Lakes
By-Law 2019-124
A By-Law to Regulate Noise in the City Of Kawartha Lakes
Recitals
Section 10(2) of the Municipal Act, 2001, S.O. 2001, c.25, as amended authorizes the Council of a municipality to pass By-laws respecting the economic, social and environmental well-being of the municipality and the health, safety and well-being of persons;
The Municipal Act, S.O. 2001 c.25 Section 128 authorizes municipalities to prohibit and regulate with respect to public nuisances;
The Municipal Act, S.O. 2001 c.25 Section 129 authorizes the Council of every local municipality to regulate and prohibit with respect to noise;
The Municipal Act, S.O. 2001 c.25 Part 12 subsection 391(1) provides that a municipality may impose fees and charges on persons
The Municipal Act, S.O. 2001, c.25 subsection 398(2) provides that unpaid charges imposed against the owners of a property for services provided to it or the owners of it may be added to the tax roll of that property and collected in the same manner as municipal taxes;
The Municipal Act, S.O. 2001 paragraph 23.2 (1) (a) provides that a municipality is authorized to delegate legislative and quasi-judicial powers under the Municipal Act to an individual who is an officer, employee or agent of the municipality.
Council considers it appropriate to regulate and prohibit noise levels in the City of Kawartha Lakes in order to allow people to enjoy an environment free from unusual, unnecessary or excessive sound or vibration that may degrade the quality and tranquility of their lives.
Accordingly, the Council of The Corporation of the City of Kawartha Lakes enacts this By-law 2019-124.
The short title of this bylaw shall be the "Noise By-law"
Article 1.00:Definitions and Interpretation
1.01Definitions: Wherever a word is used in this By-law with its first letter capitalized, the term is being used as it is defined in this Section. Where any word appears in ordinary case, its regularly applied meaning in the English language is intended.
"Agricultural Property" means a property that is zoned for agricultural use in the zoning by-law that applies to the property;
"By-law" means this by-law, as it may be amended from time to time. The Recitals to, and the Schedules attached to this By-law are considered integral parts of it;
"City" means The Corporation of the City of Kawartha Lakes or the geographical area of the City of Kawartha Lakes;
"City Construction Project" means a significant construction project undertaken by the City or on behalf of the City which involves or affects City highways, City property or City services and from which noise will be created that requires an exemption from the provisions of this By-law;
"Commercial Construction" includes industrial construction and means the erection, alteration, repair, dismantling, demolition, structural maintenance, painting, moving, land clearing, earth moving, grading, excavation, blasting and detonation of explosive devices other than fireworks, 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, with the exception of construction activities on properties used solely for residential or seasonal residential use;
"Commercial Construction Equipment' means any equipment or device designed and intended for use in construction or material handling, including but not limited to air compressors, hand tools, power tools, pile drivers, pneumatic or hydraulic tools, bulldozers, tractors, excavators, trenchers, cranes, derricks, loaders, scrapers, pavers, generators, off-highway haulers, trucks, ditchers, compactors and rollers, pumps, concrete mixers, graders or other material handling equipment;
"Council" means the elected municipal council for the City;
"Dwelling Unit" means a building or part of a building consisting of at least a washroom, a room with cooking facilities, and a sleeping area meeting all appropriate municipal and other requirements to be a self-contained living quarters that provides or is capable of providing a residence for one or more persons;
"Effective muffler" means a muffler in good working order and in constant operation to prevent excessive or unusual noise and excessive smoke, but it does not include a cut-out muffler, straight exhaust, gutted muffler, or a by-pass or similar device;
"Emergency" means a situation or an impending situation, often dangerous, caused by the forces of nature, an accident, an intentional act or otherwise, which arises suddenly and calls for prompt action in order to protect lives or property;
"Emergency vehicle" includes but is not limited to, a land ambulance, an air ambulance, a fire department vehicle, a police services vehicle and a motor vehicle being used to respond to an emergency;
"Manager of Municipal Law Enforcement and Licensing" means the Manager of Municipal Law Enforcement and Licensing and or designate who has been delegated authority by Council to authorize noise exemptions;
"Farming and Food Production Protection Act, 1998" means the provincial legislation cited as S.O. 1998, c. 1, as amended from time to time, including successor legislation;
"Kawartha Lakes" means the geographic area under the jurisdiction of the City;
"Manager of Municipal Law Enforcement and Licensing" means the person who holds that position and his or her delegate(s) or, in the event of organizational changes, another person designated by Council;
"Motor vehicle" includes an automobile, a motorcycle, a motor assisted bicycle, and any other vehicle propelled or driven otherwise than by muscular power, but does not include a street car or other motor vehicle running only upon rails, a power-assisted bicycle, a motorized snow vehicle, a traction engine, a farm tractor, a self-propelled implement of husbandry or a road-building machine within the meaning of the Highway Traffic Act as amended;
"Municipal Act, 2001" means the provincial legislation cited as S.O. 2001, c. 25, as amended from time to time, including successor legislation;
"Municipal Law Enforcement Officer" means a person appointed by Council under Section 15 of the Police Services Act to enforce the by-laws of the City, and includes any Licencing Enforcement Officer.
"Municipal Service Vehicle" means a vehicle operated by or on behalf of the City while the vehicle is being used for the construction, repair or maintenance of a highway, including the clearing and removal of snow, the construction, repair or maintenance of a utility, the collection or transportation of waste, or other municipal purposes;
"Noise" means sound at the point of reception, that is unusual or excessive, or that is likely to be unwanted by or disturbing to persons or inhabitants;
"Officer" means a sworn member of the Kawartha Lakes Police Service, the Ontario Provincial Police, a Municipal Enforcement Officer or any other Provincial Offences Officer appointed by Council to enforce the provisions of this or any other Bylaw;
"Person" means any individual, directors, partnership, group or association, organization, company, corporation or cooperative which may include the registered owner of the property, any occupant of the property in question with authority to act on behalf of the registered owner, any person authorized by the registered owner to act on his or her behalf, or any lessee or occupant of the property;
"Point of Reception" means any point on any premises other than those premises from which the sound is originating;
"Premises" means a piece of land and any buildings and structures on it, and includes a place of business, road, and any other location or place;
"Residence" means a room, suite of rooms, or dwelling, including a mobile trailer, 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;
"Residential Construction" means the erection, alteration, repair, dismantling, demolition, structural maintenance, painting, moving, land clearing, earth moving, grading, excavation, the laying of pipe and conduit whether above or below ground level, concreting, and the structural installation of construction components and materials in any form, and includes any associated or related work on property used solely for residential or seasonal residential use;
"Residential Construction Equipment' means any equipment or device designed and intended for use in residential construction or material handling, may include manual and power tools;
"Road" includes, but is not limited to, a public highway, private road, lane, pathway and sidewalk;
"Sound Amplification System" means a system of loudspeakers, amplifiers, microphones or reproducers or any combination of such equipment, including electronic devices or electro-mechanical transducers, used in the reproduction or amplification of music, speech or other sounds;
"Special Event" includes a demonstration, parade, sports event, festival, carnival, donation station, street dance, residential block party, sidewalk sale, outdoor mass and other similar events;
"Utility" includes, but is not limited to, a system that is used to provide a utility service to the public, including water, sewage, electricity, gas, communications networks and cable services;
"Utility service vehicle" means a vehicle operated by or on behalf of any company or agency that supplies or manages a utility with the City, while the vehicle is being used for the construction, repair or maintenance of that utility;
"Vehicle" includes, but is not limited to, a motor vehicle, trailer, traction engine, farm tractor, road-building machine and other vehicle propelled or driven other than by muscular power; and
"Zoning By-law" means a by-law passed under section 34 of the Planning Act, 1990, c.P.13.
Interpretation Rules
(a)Wherever this By-law refers to a person or thing with reference to gender or the gender neutral, the intention is to read the By-law with the gender applicable to the circumstances.
(b)References to items in the plural include the singular, as applicable.
(c)The word "include" is not to be read as limiting the phrases or descriptions that precede it.
Statutes: Specific references to laws in this By-law are printed in italic font and are meant to refer to the current laws applicable within the Province of Ontario as at the time this By-law was enacted. For Provincial laws, the reference is to the relevant chapter of the R.S.O. 1990 edition, as amended from time to time or current S.O. edition.
Severability: If a court or tribunal of competent jurisdiction declares any portion of this By-law to be illegal or unenforceable, that portion of this By-law will be considered to be severed from the balance of the By-law, which will continue to operate in full force and effect.
Article 2.00:Application
The general prohibitions on activities described in Schedule "A" apply to all lands within the City at all times.
The prohibitions on activities by time and place described in Schedule "B" apply to all lands within the City during the days and between the times specified in Schedule "B".
Listed General Noise Exemptions by activity, use or location are specified in Schedule "C".
Article 3.00:Administration
The Municipal Law Enforcement and Licensing Division shall be responsible for the administration of this by-law.
All Municipal Law Enforcement Officers, Licensing Enforcement Officers and Police Officers with authority to enforce the by-laws of the City are responsible for enforcing the provisions of this by-law.
Article 4.00:Regulations
No person shall, at any time, make, cause or permit the making of noise within the City that is the result of any of the activities described in Schedule "A" and that is unwanted at the point of reception to:
a person in a premises other than the premises from which the noise is originating; or
a person in a residence other than the residence from which the noise is originating.
No person shall, during the days and between the times specified in Schedule "B", make, cause or permit the making of noise that is the result of the activities described in Schedule "B " and that is unwanted at the point of reception to:
a person in a premises other than the premises from which the noise is originating; and
a person in a residence other than the residence from which the noise is originating.
Administrative Fee: Where a Person or Owner has received an occurrence inspection an Administrative Fee may be charged for the inspection and the Administrative Fee as Set out in the Consolidated Fees By-law, if not paid, the fee shall be added to the tax roll of the property and shall be collected in a like manner as municipal taxes.
Article 5.00:Exemptions
The prohibitions described in Schedules "A" and "B" do not apply if the noise is necessary and the result of measures undertaken in an emergency for the:
a)immediate health, safety or welfare of the inhabitants; or
b)preservation of property;
The prohibitions described in Schedules "A" and "B" do not apply if the noise is the result of an activity that has been granted an exemption under Schedule "C" or Article 5.00.
Exemption Process
Events that extend over 3 days, multi- day construction activities related to residential or commercial construction and activities related to municipal infrastructure shall be directed to Council.
The prohibitions described in Schedules "A" and "B" do not apply if the noise is the result of an activity that has been granted a noise exemption under this by-law.
Any person may submit a noise exemption application to the Manager of Municipal Law Enforcement and Licensing requesting a noise exemption from any of the prohibitions described in Schedules "A" and "B" in the following ways:
by attending the Municipal Law Enforcement and Licensing Division office
by submitting the application on-line
sending the application regular mail
The noise exemption application, as set in Section 5.07, are to be submitted 45 days prior to the event occurring. Applications received after 45 days may not be approved.
The noise exemption application form shall contain details about the event including but not limited to the following:
Type of event and event details
Date of the event
Civic address - Location
Duration of the event such as start and finish times,
Contact information of at least two people associated with the event (government issued photo identification and contact phone number)
Owner information, if different from the applicant
Letter of permission from property owner or copy of facility rental agreement, if applicable
Description of the source of sound and reasons for the noise exemption request
Site plan
Payment as per section 5.16.
All noise exemption requests will be circulated to the following for review and optional comment:
Kawartha Lakes Police Service - Chief of Police
Kawartha Lakes Ontario Provincial Police - Detachment Commander
Kawartha Lakes Fire Service - Fire Chief
City - Director of Community Services
City - Director of Development Services
City - Director of Public Works
The requestor shall provide notice of the noise exemption request application to residents who reside within 500 metres of the location property at least 40 days prior to the event occurring. The requestor shall direct all respondents to reply directly to the Manager of Municipal Law Enforcement and Licensing, or designate.
The Manager of Municipal Law Enforcement and Licensing may approve the noise exemption request application, grant an alternative exemption or refuse such exemption. The group may impose any conditions that it considers appropriate.
The approved noise exemption will be in effect for the date and times specified.
Approval or denial notification of the noise exemption application will be provided to the applicant within 14 days of receipt of the exemption application.
Where the noise exemption application is approved with conditions, no person shall contravene the conditions as imposed in the noise exemption approval.
Any granted noise exemption does not exempt a person from complying with any other regulation or Municipal By-Law.
No person shall alter or breach the terms or conditions of the noise exemption issued by the Manager of Municipal Law Enforcement and Licensing and such alteration or breach shall immediately render the noise exemption null and void.
Where a Person or Owner has submitted a noise exemption application for processing, they shall be charged an Administrative Fee as described in the Consolidated Fees By-Law.
Article 6.00:Schedules
The following schedules are attached to and form part of this by-law:
Schedule AGeneral Noise Prohibitions
Schedule BNoise Prohibitions by Time and Place
Schedule CExemptions from the Noise Prohibitions
Article 7.00:Offence and Penalty Provisions
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 in the Provincial Offences Act, 1990, c.P.33, as amended from time to time, and to any other applicable penalties.
Every Person who contravenes any provision of this by-law is guilty of an offence and upon conviction is liable to a maximum fine of not more than $100,000.00 as provided for by Section 429 of the Municipal Act, 2001, S.O. 2001, c.25, as amended.
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, pursuant to authority conferred pursuant to Section 431 of the Municipal Act, 2001, S.O. 2001, c.25.
Article 8.00:Repeal of Prior Historic By-Laws; Effective Date
8.01Repeal: The following by-laws are repealed:
(a)By-law 2005-25 being a By-Law to Regulate Noise in the City of Kawartha Lakes.
8.02Effective Date: This By-law shall come into force on the date it is finally passed.
By-law read a first, second and third time, and finally passed, this 24 day of September, 2019.
_______________________________
Andy Letham, Mayor
_______________________________
Cathie Ritchie, City Clerk
Schedule "A" to By-law 2019-124
General Noise Prohibitions
Operation of a motor vehicle in such a way as to permit unnecessary motor vehicle noise such as the sounding of the horn, revving of the engine and the squealing of tires.
Operation of a vehicle in a manner that results in banging, clanking, or similar sounds because of inadequate maintenance or an improperly secured load.
Operation of a combustion engine or motor vehicle without an effective exhaust muffling device that is in good working order and in constant operation.
Operation of an engine or motor in, or on, any motor vehicle or item of attached auxiliary equipment for a continuous period exceeding five (5) minutes, while such vehicle is stationary, unless:
the vehicle is in an enclosed structure constructed so as to effectively prevent the emission of excessive noise;
the vehicle is operated as municipal or private bus transportation service and in the course of operation and containing passengers;
continuous operation of the engine or motor is essential to a basic function of the vehicle or equipment, including but not limited to the operation of ready-mixed concrete trucks, lift platforms, refuse compactors and heat exchange systems during normal operation;
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 actively loading or unloading of cargo.
Section 4 shall not apply to occupied motor vehicles when the temperature outside the motor vehicle is greater than twenty-seven degrees (27°C) including the humidex calculation or less than five degrees Celsius (5°C) including the wind chill value as determined by the Environment Canada temperature readings.
Persistent barking, calling or whining or other similar persistent noise-making by animals and birds kept as household pets.
Selling or advertising by shouting, yelling or amplified sound.
Schedule "B" to By-law 2019-124
Noise Prohibitions by Type and Time
Noise Type
Prohibited Times
Day(s) of the week
Time of day
Combustion engines:
Operation of a combustion engine which is not a conveyance and which has no purpose other than amusement that is, or is used in, or is intended for use:
A toy
Model
Replica of a larger device
All days of the week
9:00pm to 7:00am
Commercial Construction*:
Operation of commercial construction equipment
Erection, alteration, repair, dismantling of items related to commercial construction
*All commercial construction activities in connection with commercial construction including but not limited to activities listed in Article 1:01(e).
Monday - Friday
9:00pm to 7:00am
Saturday
BETWEEN 5:00pm & 7:00am
Sundays
PROHIBITED
Statutory Holidays
PROHIBITED
Residential construction*:
Operation of residential construction equipment
*All residential construction activities in connection with residential construction including but not limited to activities listed in Article 1.01(z).
Monday - Friday
7:00pm to 7:00am
Saturday
BETWEEN 5:00pm & 7:00am
Sundays
PROHIBITED
Statutory Holidays
PROHIBITED
Yard maintenance:
Outdoor operation of any powered or non-powered tool for domestic residential purposes other than snow removal (includes lawn mowers, leaf blowers, chain saws or other similar devices.)
Monday - Friday
8:00pm to 7:00am
Saturday & Sunday
7:00pm to 8:00am
Lawful operation of a pit or quarry
All days of the week*
*Subject to Provincial Regulations, Certificates of Approval, Licencing Agreement or existing Site plan Agreements and includes Saturday, Sunday or any Statutory Holiday as defined in the Interpretation Act
6:00pm to 7:00am*
*Subject to Provincial Regulations, Certificates of Approval, Licencing Agreement or existing Site plan Agreements and includes Saturday, Sunday or any Statutory Holiday as defined in the Interpretation Act
Lawful detonation of explosive devices including:
Quarry
Excavation
Damming
All days of the week*
*Subject to Provincial Regulations, Certificates of Approval, Licencing Agreement or existing Site plan Agreements and includes Saturday, Sunday or any Statutory Holiday as defined in the Interpretation Act
4:00pm to 8:00 am*
*Subject to Provincial Regulations, Certificates of Approval, Licencing Agreement or existing Site plan Agreements and includes Saturday, Sunday or any Statutory Holiday as defined in the Interpretation Act
Loading, unloading, delivering, packing, unpacking or otherwise handling any of the following unless necessary for the maintenance of essential services or the moving of private household effects:
Containers
Goods
Products
Other materials or refuse
All days of the week
9:00pm to 7:00am
Operation of a solid waste bulk lift or refuse compacting equipment
All days of the week
9:00pm to 7:00am
Venting, release or pressure relief of air, steam or other gaseous material, product or compound unless specifically required due manufacturer process and safety standards from any:
Autoclave
Boiler
Pressure vessel
Pipe
Valve
Machine
Device or system
All days of the week
9:00pm to 7:00am
Sound emitted from gas or diesel powered pumps to water grass, shrubs and plants on a private property.
All days of the week
7:00pm to 7:00am
(Max of 1 hrs running time during any 4 hrs period)
Operation of a combustion engine being used in or as a generator or invertor to provide non emergency residential hydro when no other means are available
All days of the week
7:00 pm to 10:00 am
(Max of 1 hrs running time during any 4 hrs period)
Voices, instruments, and other sounds:
Operation of any device or group of connected devices intended for the production, reproduction, or amplification of voices, or sound, or singing, or the playing of musical instruments (including percussion instruments)
All days of the week
11:00pm to 11:00am
Yelling, shouting, hooting, whistling. 2021-201 Effective December 14, 2021
All days of the week
11:00pm to 7:00am
Schedule "C" to By-law 2019-124
Exemptions from the Noise Prohibitions
1.Operation of emergency vehicles
2.Operation of municipal service vehicles and related equipment.
3.Operation of utility service vehicles and related equipment.
4.Authorized displays of fireworks.
5.Midways that have been authorized by the City.
6.Races, parades, processions, and events for ceremonial, religious or traditional purposes that have been authorized by the City.
7.Operation of bells, chimes, carillons and clocks in churches and public buildings.
8.Cultural, recreational, educational and political events in parks and other public places that have been authorized by the City.
9.Neighbourhood events on municipal highways and other municipal property that have been authorized by the City.
10.Normal aviation activities at a licenced airport.
11.Sounds emitted in connection within the operation of a farm including farm animals, farm equipment or machinery while conducting normal farm practices as that terms is defined in the Farming and Food Production Protection Act, 1998 S. O. 1998, c.1 as amended from time to time, and when done within the appropriate zone.
12.Sounds emitted in connection with any commercial entities while supporting agricultural operations conducting normal farm practices at the time as those terms are defined in the Farming and Food Production Protection Act, 1998 S.O. 1998, c.1 as amended from time to time, and when done within the appropriate zone.
13.Signals operated in accordance with applicable legislation (including warning signals for railway crossings and bridges).
14.Sounds associated with construction or repair work which is required urgently in order to prevent severe damage to buildings or property.
15.Sounds emitted as a result of snow removal equipment that is essential for the normal operation of a business or residence.
16.Bobcaygeon Agricultural Society Agricultural Fair and/or Exhibition.
17.Carden Agricultural Society Agricultural Fair and/or Exhibition.
18.Fenelon Agricultural Society Agricultural Fair and/or Exhibition.
19.Lindsay Agricultural Society Agricultural Fair and/or Exhibition.
20.Mariposa Agricultural Society Agricultural Fair and/or Exhibition.
21.Sounds emitted in connection within the operation of a business dealing with the manufacturing of milk products.