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THE CORPORATION
OF THE MUNICIPALITY
OF KINCARDINE
BY-LAW
NO. 2008 - 076
BEING A BY-LAW TO CONTROL NOISE WITHIN THE MUNICIPALITY OF
KINCARDINE
WHEREAS
Section 129( 1) 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 WHEREAS noise by- laws enacted under section 129( 1) of the Municipal Act, 2001
are no longer subject to Ministry of Environment approval;
AND WHERAS pursuant to the said Municipal 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 Council of The Corporation of the Municipality of Kincardine deems it
necessary to repeal and consolidate
noise by- laws passed by the former Town of
Kincardine and Village of Tiverton,
and to establish
one noise by- law to be applied to the
entire Municipality of Kincardine;
NOW THEREFORE
the Council of The Corporation of the Municipality of Kincardine
ENACTS as follows:
1.
INTERPRETATION:
Definitions In this By- law:
1.
1
Commercial
Area: means any area designated
as commercial
in the
existing Zoning By- laws of the Corporation of The Municipality of Kincardine
and subsequent amendments
thereto.
1. 2
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, 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;
1. 3
Construction Equipment
means
any equipment or device designed and
intended for use in construction,
or material handling, including but not
limited to, air compressors, pile drivers, pneumatic or hydraulic tools,
bulldozers, tractors, excavators, trenchers, cranes, derricks, loaders,
scrapers, pavers, generators, off-highway haulers or trucks, ditchers,
compactors and rollers, pumps, concrete mixers, graders, or other
material handling equipment;
1.4
Conveyance
includes a vehicle
or 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
the premises of a person;
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Noise Control By- law
By- law No. 2008 - 076
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1. 5
Council
means The Council of the Corporation of the Municipality
of
Kincardine;
1. 6
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;
1. 7
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;
1. 8
Motorized Conveyance
means a conveyance
propelled or driven
otherwise than by muscular, gravitational or wind power;
1. 9
Municipality
means the land within the geographic limits of The
Corporation of the Municipality
of Kincardine;
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1. 10 Noise means sound
that is of such a volume or nature
that is likely to
disturb the inhabitants of the Municipality;
1. 11
Point of Reception means any point where
sound or vibration
originating from a location other than that point is received;
1. 12 Quiet Zone means the area within 300 meters of South Bruce Grey
Health
Centre - Kincardine
Site
1. 13 Residential Area means any area designated
or complete structure
used as residential in the existing Zoning By- laws
of The Corporation of
the Municipality of Kincardine and subsequent
amendments thereto;
1. 14
Public Park means any municipal park in the Municipality of Kincardine;
excluding the Municipal Buildings within the park.
1. 15 Rural Area means any area designated as rural
or agricultural in the
existing Zoning By- laws of The Corporation
of the Municipality of
Kincardine, and subsequent amendments
thereto.
2.
PROHIBITIONS:
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No person shall emit or cause to permit the emission of sound resulting from an
act at anytime night or day listed in Schedule A - General Prohibitions
and
which sound is clearly audible at the point of reception.
3.
PROHIBITIONS BY TIME
AND PLACE:
No person
shall emit
or cause
or permit the emission
of sound resulting from
any act listed in Schedule
B - Prohibitions by Time and Place, if clearly audible
at a point of reception located in an area of the municipality within a prohibited
time shown for such an area.
4.
EXEMPTION:
4. 1 Public Safety
Notwithstanding
any other provision of this bylaw, it shall be lawful to emit
or cause to permit the emission
of sound
or vibration
on connection
with
emergency measures undertaken:
4. 1.
1 for the immediate health, safety or welfare of the inhabitants; or
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4. 1. 2 for the sounds or any bell, horn siren or other signaling device
associated
with any emergency or law enforcement vehicle; or'
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By- law No. 2008 - 076
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4. 1. 3 where the Municipality, its servants, employees, contractors
or agents
are carrying out Municipality
operations or operating, maintaining, or
installing municipally- owned infrastructure, facilities
or the like, except for
the detonation of explosives; or,
4.
1.4 for the noise created by the operation of snow plowing or snow removal
equipment or for the clearing of street
or sidewalks; or,
4. 1. 5 for the preservation or restoration
of property;
4. 1. 6 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 purposes.
5.
EXEMPTION OF TRADITIONAL, FESTIVE CULTURAL, RELIGIOUS
OR
OTHER ACTIVITIES
5. 1
any annual fairs, parades, events
or Community Festival duly authorized by
Council held on municipal property.
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5. 2
any sport or recreational events
in parks where a permit has been issued
by the Municipality authorizing such event and the event complies with
all of
the conditions of such permit.
5. 3
for the ringing or sounding of church
bells
or chimes.
5.4
the lawful use and detonation of fireworks
on the holidays referred to as
Victoria Day, Canada and Independence Day ( USA) as per existing bylaws
within The Municipality of Kincardine, or any higher legislation thereto;
6.
GRANT
OF EXEMPTION
BY COUNCil:
6. 1
Application to Council:
Despite the provisions of this By- law, any person
may make application 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 might be
prosecuted and Council, by resolution,
may
refuse to grant any exemption
or may grant the exemption applied for or any exemption of lesser effect
and any exemption granted shall specify the time period, not in excess of
six months during which it is effective and may contain such terms
and
conditions as Council
sees fit.
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6. 2
Decision:
In deciding whether 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.
6. 3
Breach:
Breach by the applicant of any of the terms
or conditions
of any exemption
granted by Council shall render the exemption null and void.
6.4
No person shall breach any terms
or conditions
of any exemption granted
by Council.
7.
SEVERABILITY:
If a court of competent jurisdiction should declare any section or part of a
section of this by- law to be invalid, such section or part of a section
shall not be
construed as having persuaded or influenced Council to pass the remainder of
the by-law and it is hereby declared that the remainder of the By-law shall be
valid and shall remain in force.
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8.
PENALTY:
Every person who contravenes
any provision of this by- law is guilty of an
offence and subject to penalty as provided for under the Provincial Offences
Act.
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Noise Control By- law
By-law No. 2008 - 076
9.
BY-LAWS REPEALED:
Town of Kincardine
By- law No. 1987- 8 and No. 1991- 84, Township of
Kincardine By- law No. 86- 18, and Village of Tiverton By- law No. 1988- 6, be
and the same are hereby repealed.
10.
GENERAL:
10. 1
That Schedules ' A' & ' B' are attached
hereto
and form part of this by- law.
10. 2
That this by- law shall come into full force and effect upon its final passage.
10. 3
That this by- law may be cited as the " Noise Control By- law"
READ a FIRST and SECOND time this 14th day of May, 2008.
READ
a THIRD time and FINALLY PASSED this 14th day of May, 2008.
SCHEDULE A
GENERAL PROHIBITIONS
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1.
Racing of any motorized conveyance other than in a racing event regulated by
law.
2.
The operation of a motor vehicle
in such
a way that the tires squeal.
3.
The operation of any combustion engine
or pneumatic device without an effective
exhaust or intake muffling device in good working order and in constant
operation.
4.
The 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.
5.
The operation of an engine or motor
in, or on, any motor vehicle
or item
of
attached auxiliary equipment for a continues period exceeding five minutes, while
such vehicle is stationary
in a Residential
Area
or Quiet Zone unless:
5. 1
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
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5. 2
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; or
5. 3
Weather conditions justify the use of heating or refrigerating
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 purposes of delivery or loading; or
5.4
Prevailing low temperatures make longer idling periods necessary
immediately after starting the motor or engine; or
5. 5
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, carburetor
or the like, when such work is performed
other than for profit.
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6.
The operation of a motor vehicle
horn
or other warning device except where
required or authorized by law or in accordance
with good safety practices.
7.
The operation of any item of construction equipment
in a Residential Area or
Quiet Zone without effective muffling devices
in good working order and in
constant
operation.
8.
Persistent barking, whining or other similar persistent noise making by any
domestic pet for a prolonged
or excessive period of time.
9.
The discharge of firearms.
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SCHEDULE B
PROHIBITED PERIOD OF TIME
NOISE
CREATED
FROM THE
PROHIBITED
AREA
PROHIBITED
TIME OF DAY
FOllOWING
ACTIVITIES
IS
PROHIBITED
The operation of any auditory
Quiet Zone
At all times
signaling device, including but ---------------.----------- ---------------------------------.---------------
not limited to the ringing of bells
Residential
All Day Sunday
or gongs and the blowing of
11 : OOpm to 7: 00am Monday to Saturday
horns
or sirens or whistles
or -------------------------. ----------------------------------------------------
the production, reproduction
or
Commercial
All Day Sunday
amplification by electronic
11 :OOpm to 7:00am Monday to Saturday
means except where required -------------------------- ------------.-------------------------------------
or authorized
by law or in
Public Park
11 : OOpm to 9: 00am Sunday
accordance
with good safety
11 : OOpm to 7: 00am Monday to Saturday
practices.
That production
of any sound
or
Quiet Zone
At all times
noise from or created by any
radio, television, record player, --------------------------- ---------------------------------------------------
tape player, CD player, DVD
Residential
11 :OOpm to 9: 00am Sunday
player, amplifier, loud speaker,
11 :OOpm to 7: 00am Monday to Saturday
public address system, musical ---------------------------- ---------------------------------------.-----------
instrument, which emits sound
Commercial
2: 00am to 7: 00 am Sunday to Saturday
when the same
is played
or
operated in such
manner
or -------.------------------- ------------------------------------------------
with such volume to disturb the
Public
Park
11 : OOpm to 9: 00am Sunday
peace, quiet, comfort
or repose
11 : OOpm to 7: 00am Monday to Saturday
of any person
in any dwelling
unit, hotel, or other type of
residence
All selling or advertising
by
Quiet Zone
At all times
shouting
or outcry or amplified --------------------------- --------------------------------------------------
sound.
Residential
All day Sunday
11 :OOpm to 7:00am Monday to Saturday
Commercial
11 : OOpm to 7: 00am Sunday to Saturday
Public Park
11 :OOpm to 9: 00am Sunday
11 :OOpm to 7: 00am Mondav to Saturdav
loading, unloading, delivering,
Quiet Zone
All day Sunday
packing, unpacking
or
7: 00pm to 7: 00am Monday to Saturday
otherwise handling of any ---------------------------- -------------------------------------------------
containers, products, materials
Residential
All day Sunday
or refuse whatsoever, unless
9: 00pm to 7: 00am Monday to Saturday
necessary
for the maintenance --------------------------- ----------------------------------------------------
of essential
services
or the
Commercial
11 : OOpm to 7: 00am Sunday to Saturday
moving of private household ---------------------------- ---------------------------------------------------
effects.
Public Park
All day Sunday
9: 00pm to 7: 00am Mondav to Saturday
The operation of any equipment
Quiet Zone
All day Sunday
in connection
with construction.
7: 00pm to 7: 00am Monday to Saturday
Residential
All day Sunday
9: 00pm to 7: 00am Monday to Saturday
Commercial
All day Sunday
9: 00pm to 7:00am Monday to Saturday
Public Park
All day Sunday
7: 00pm to 7: 00am Mondav to Saturdav
The operation
of a combustion
Quiet Zone
At all times
engine which
is, or used
in , or --------------------------- ------------------------------------------------
is intended for use in a toy or
Residential
9: 00pm to 9: 00am Sunday to Saturday
model
or replica of any device, -------------------------- ---------------------------------------------------
which has no function
other
Commercial
11 :OOpm to 9: 00am Saturday to Sunday
than amusement and which is --------------------------- --------------------------------------------------
not a conveyance
Public Park
9:00pm to 9: 00am Sunday
9: 00pm to 7: 00am Mondav to Saturdav
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NOISE
CREATED
FROM
PROHIBITED
AREA
PROHIBITED
TIME OF DAY
THE FOllOWING
ACTIVITIES
IS
PROHIBITED
The operation
of any
Quiet Zone
At all times
motorized
conveyance -------------------------- ----------------------------------------------.
other that on a highway or
Residential
11 : OOpm to 9: 00am Sunday
other place intended for its
11 : OOpm to 7: 00am Monday to Saturday
purpose. ---------.-------------- -----------------------------------------------
Commercial
11 : OOpm to 9: 00am Sunday
11 : OOpm to 7: 00am Monday to Saturday
Public Park
11 : OOpm to 9: 00am Sunday
11 : OOpm to 7: 00am Monday to Saturday
The venting, release or
Quiet Zone
At all times
pressure
relief of air, steam ---------------------------- -----------.-----------------------------------------
or other gaseous
material,
Residential
11 : OOpm to 9: 00 am Sunday
product or compound
from
11 :OOpm to 7: 00 am Monday to Saturday
any autoclave, boiler, -------------------------- ---------------------.-.------._-------------------.
pressure vessel, pipe,
Commercial
9: 00pm to 9: 00 am Sunday
valve, machine, device
or
9: 00pm to 7: 00 am Monday to Saturday
system --.------------------------ ------------------------------------------------------
Public
Park
9: 00pm to 9: 00 am Sunday
9: 00pm to 7: 00 am Mondav
to Saturdav
The operation
or use of any
Quiet Zone
11 : OOpm to 9: 00 am Sunday
powered or non- powered
11 : OOpm to 7: 00 am Monday to Saturday
tool for domestic
purposes --------------------------- --------------------------------------------------
other than snow
removal
Residential
9: 00pm to 9: 00 am Sunday
9: 00pm to 7: 00 am Monday to Saturday
Commercial
9: 00pm to 9: 00 am Sunday
9: 00pm to 7: 00 am Monday to Saturday
Public
Park
9: 00pm to 9: 00 am Sunday
9: 00pm to 7: 00 am Monday to Saturday
The operation
of solid waste
Quiet Zone
7: 00pm to 9: 00 am Sunday
bulk lift or refuse
7: 00pm to 7: 00 am Monday to Saturday
compacting equipment ---------------------------- -------------------------------------------------~-~~
Residential
11 : OOpm to 9: 00 am Sunday
11 :OOpm to 7: 00 am Monday to Saturday
Commercial
11 :OOpm to 9: 00 am Sunday
11 :OOpm to 7: 00 am Monday to Saturday
Public Park
11 :OOpm to 9: 00 am Sunday
11 : OOpm to 7: 00 am Mondav
to Saturdav
The operation
of any
Quiet Zone
At all times
commercial or industrial ~~-~~~~~~~~~-~~~-~~--------- ----------------------------------------------------
enterprise
not covered by
Residential
11 : OOpm to 9: 00 am Sunday
the above items.
11 : OOpm to 7: 00 am Monday to Saturday
Commercial
11 : OOpm to 9: 00 am Sunday
11 : OOpm to 7: 00 am Monday to Saturday
Public
Park ----------------------------------------------------
11 :OOpm to 9: 00 am Sunday
11 : OOpm to 7: 00 am Monday to Saturday
Yelling, shouting, hooting,
Quiet Zone
At all times
whistling
or singing ------------------------~ ------------------------------------------------~---
Residential
11 :OOpm to 9: 00 am Sunday
11 :OOpm to 7: 00 am Monday to Saturday
Commercial
11 : OOpm to 9: 00am Sunday
11 : OOpm to 7: 00am Monday to Saturday
Public Park
11 : OOpm to 9: 00 am Sunday
11 : OOpm to 7:00 am Mondav
to Saturdav