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By-law 81-142
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THE CORPORATION OF THE TOWNSHIP OF KING
BY-LAW NUMBER 81-142
A BY-LAW TO CONTROL NOISE
WHEREAS it is expedient to exercise the power conferred upon the Council by the
Environmental Protection Act and other statutory authority; and
WHEREAS a recognized body of scientific and technological knowledge exists by
which sound and vibration may be substantially reduced; and
WHEREAS the people have a right to and should be ensured an environment free from
unusual, unnecessary or excessive sound or vibration which may degrade the quality and
tranquility of their life or cause nuisance; and
WHEREAS it is the policy of the Council to reduce and control such sound or
vibration;
NOW THEREFORE, the Council of the Corporation of the Township of King
ENACTS AS FOLLOWS:
1.
Interpretation
(1)
In this by-law,
(a)
Church
"Church" means a building dedicated to religious worship and may include a
synagogue, a church hall, church auditorium, Sunday school, convent, monastery,
parish hall;
(b)
Construction
"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
This is a consolidation of the Township's by-law to govern and control noise being By-law
81-142 as amended by By-law(s) 86-169, 87-77, 90-30, 2016-85, and 2019-032. This is
prepared for reference and information purposes only. The following consolidation is an
electronic reproduction made available for information only. It is not an official version of the
bylaw. Official versions of all by-laws can be obtained from the Clerk's Department. If there
are any discrepancies between this consolidation and the By-law(s) named above, the
Bylaw(s) shall prevail.
By-law 81-142
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the structural installation of construction components and materials in any form or
for any purpose, and includes any work in connection therewith;
(c)
Construction Equipment
"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;
(d)
Conveyance
"conveyance" includes a vehicle and 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;
(e)
Council
"Council" means the Council of the Corporation of the Township of King;
(f)
Highway
"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;
(g)
Minister
"Minister" means Minister of the Environment;
(h)
Ministry
"Ministry" means Ministry of the Environment;
(i)
Motor Vehicle
"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;
(j)
Motorized Conveyance
"motorized conveyance" means a conveyance propelled or driven otherwise than
by muscular, gravitational or wind power;
(k)
Municipality
"Municipality means the land within the geographic limit of the Township of
King;
By-law 81-142
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(l)
Noise
"noise" means unwanted sound;
(m)
Point of Reception
"point of reception" means any point on the premises of a person where sound or
vibration originating from other than those premises is received.
(n) Off-Road Vehicle
"Off-road vehicle" means a vehicle propelled or driven otherwise than by
muscular power or wind and designed to travel,
(i)
On not more than three wheels, or
(ii)
On more than three wheels and being of a prescribed class of vehicle
under the Off-Road Vehicles Act, 1983 Ontario Regulation 47/84 as
amended by O. Reg. 426/84; (Amended by By-law 87-77)
(o) Muffler
"Muffler" means an exhaust device in good working order and in constant
operation to prevent excessive or unusual noise and excessive smoke, and does
not include a muffler cut-out, straight exhaust, gutted muffler, hollywood muffler,
by-pass, expansion chamber or similar device. (Amended by By-law 86-169 -
Repealed by By-law 87-77)
(2).
Zones
In this by-law:
(a)
Residential Area
"Residential Area" means all areas of the municipality;
(b)
Quiet Zone
"Quiet Zone" means those areas of the municipality within one hundred
(100) metres of a hospital, convalescent home, nursing home or church.
2.
General Prohibitions
No person shall emit or cause or permit the emission of sound resulting from an act listed
herein, and which sound is clearly audible at a point of reception:
(1)
Racing of any motorized vehicle in such a way 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 vehicle with a trailer resulting in banging, clanking,
squealing or other like sounds due to improperly secured load or equipment, or
inadequate maintenance.
By-law 81-142
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(5)
The operation of an engine or motor in, or on any motor vehicle or item of
attached auxiliary equipment for a continuous period exceeding five minutes,
while such vehicle is stationary in a Residential Area or a Quiet Zone unless;
(i)
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,
(ii)
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 and refuse compactors; or,
(iii)
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,
(iv)
prevailing low temperatures make longer idling periods necessary
immediately after starting the motor or engine; or.
(v)
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.
(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 Quiet Zone or
Residential Area without effective muffling devices in good working order and in
constant operation.
(8)
The operation of an off-road vehicle, other than on a highway, without an
effective exhaust muffling device in good working order and in constant
operation. (Amended by By-law 87-77)
3.
Prohibitions by Time and Place
No person shall emit or cause or permit the emission of sound resulting from any act
listed in Table 3-1 if clearly audible at a point of reception located in an area of the
municipality within a prohibited time shown for such an area.
TABLE 3-1
PROHIBITIONS BY THE TIME AND PLACE
Prohibited Period of Time
Quiet Zone
Residential Area
1. The detonation of fireworks or explosive devices not used
in construction.
At all times
At all times
2. The operation of a combustion engine which,
(i) is, or
(ii) is used in, or
(iii) 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.
At all times
F
By-law 81-142
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TABLE 3-1
PROHIBITIONS BY THE TIME AND PLACE
Prohibited Period of Time
Quiet Zone
Residential Area
3. 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.
At all times
At all times
4. The operation of any auditory signaling device, including
but not limited to the ringing of bells or gongs, and the
blowing of horns or sirens or whistles, or the production,
reproduction or amplification of any similar sounds by
electronic means, except where required or authorized by
law or in accordance with good safety practices.
At all times
At all times
5. The operation of any powered rail car including but not
limited to refrigeration cars, locomotives or self-propelled
passenger cars, while stationary on property not owned or
controlled by a railway governed by the Canada Railway
Act.
At all times
B
6. The operation of any motor vehicle other than on a
highway or other place intended for its operation.
At all times
B
7. Persistent barking, calling or whining or other similar
persistent noise making by any domestic pet or any other
animal kept or used for any purpose other than agriculture.
(Repealed by By-law 2016-85)
At all times
A
8. The operation of a commercial car wash with air drying
equipment
At all times
D & E
9. Yelling, shouting, hooting
At all times
A
10. The operation of a power assisted hang glider or parafoil
At all times
D & E
11. The operation of any item of snow making equipment.
At all times
E
12. All selling or advertising by shouting or outcry or
amplified sound.
At all times
At all times
13. Loading, unloading, delivering, packing, unpacking, or
otherwise handling any containers, products, materials, or
refuse, whatsoever, unless necessary for the maintenance
of essential services or the moving of private household
effects.
D & E
D & F
14. The operation of any equipment in connection with
construction.
D & E
D & F
15. The operation or use of any tool for domestic purposes
other than snow removal.
C
A
16. The operation of solid waste bulk lift or refuse
compacting equipment.
C
B
17. The operation of a commercial car wash of a type other
than mentioned in item 8.
C
A
By-law 81-142
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TABLE 3-1
PROHIBITIONS BY THE TIME AND PLACE
Prohibited Period of Time
Quiet Zone
Residential Area
18. The discharge of firearms (Amended by By-law 90-30)
At all times
At all times
Prohibited Periods of Time in Table 3-1:
A - 23 00 one day to 07 00 next day (09 00 Sundays)
B - 19 00 one day to 07 00 next day (09 00 Sundays)
C - 17 00 one day to 07 00 next day (09 00 Sundays)
D - All day Sunday
E - 19 00 one day to 07 00 next day
F - 21 00 one day to 07 00 next day
4.
Exemption
Public Safety
Notwithstanding any other provision of this by-law, it shall be lawful to emit or cause or
permit the emission of sound or vibration in connection with emergency measures
undertaken:
(a)
for the immediate health, safety or welfare of the inhabitants or any of them; or,
(b)
for the preservation or restoration of property; unless such a sound or vibration is
clearly of a longer duration or nature more disturbing, than is reasonably
necessary for the accomplishment of such emergency purpose.
5.
Grant of Exemption by Council
(1)
Notwithstanding anything contained in 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 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.
(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 hear and may consider
such other matters as it sees fit.
(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.
By-law 81-142
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6.
Exemption of Traditional, Festive or Religious Activities
Notwithstanding any other provision of this by-law, this by-law does not apply to a
person who emits or causes or permits the emission of sound or vibration in connection
with any of the listed traditional, festive, religious and other activities.
(a)
the annual fair held by the Schomberg Agricultural Society
(b)
Any event sponsored by the King Township Historical Society;
(c)
Any agricultural or farm activity lawfully carried on by a farmer in the reasonable
operation of his farm;
(d)
The use of irrigation pumps in an area lawfully used for intensive agricultural
purposes;
(e)
Singing and the use of musical instruments inside a building while it is lawfully
used as a Church, or as a community hall, public hall or school.
(f)
Sporting and recreational activities lawfully carried on in a public or private park,
playground, school yard and recreation centre, provided such exemption shall not
apply to any acts referred to in categories 3, 10, and 12, and 18 (Amended by By-
law 90-30) of Table 3-1 referred to in Section 3 hereof;
(g)
Activities lawfully sponsored or carried on by the Timberline Trap Shooting Club
located in the west half of Lot 24, Concession 3, provided such exemption shall
not apply to any acts or activities occurring during 21 00 one day to 7 00 the next
day;
(h)
The lawful use and detonation of fireworks or similar explosive devices on the
two statutory holidays referred to as Dominion Day or Canada Day and Victoria
Day;
(i)
Actions lawfully conducted by an auctioneer provided such exemption shall not
apply to any auction occurring during 23 00 one day to 07 00 the next day (09 00
Sunday)
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.
8.
Penalty
Every person who contravenes any of the provisions of this by-law is guilty of an offence
and shall, upon conviction thereof, forfeit and pay a penalty of not more than $1,000.00
for a first offence and not less than $100.00 and not more than $1,000.00 for a second or
subsequent offence, exclusive of costs and every such fine is recoverable under the
Provincial offences Act. (Repealed by By-law 2019-032)
8.
Penalties
a)
Every person who contravenes any of the provisions of this By-law is guilty of an
offence.
b)
Every person who is convicted of an offence under this By-law is liable to a fine as
provided for in the Provincial Offences Act, R.S.O. 1990, Chap. P.33.
By-law 81-142
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c)
When a person has been convicted of an offence under this By-law,
i.
the Ontario Court (Provincial Division), or
ii.
any court of competent jurisdiction thereafter may, in addition to any other penalty
imposed on the person convicted, issue an order prohibiting the continuation or repetition of the
offence or the doing of any act or thing by the person convicted directed toward the continuation
or repetition of the offence. (Amended by By-law 2019-032)
9.
By-law Number 72-6 be and the same is hereby repealed.
10.
This By-law shall take effect upon the approval of the Minister of the Environment
pursuant to the provisions of the Environmental Protection Act.
11.
The short title for this by-law shall be the "Noise By-law"
READ a FIRST time this 7th day of December, 1981.
Upon a motion by: ___________________
Seconded by: _______________________
Carried
Mayor
.............................................
Clerk
.............................................
READ a SECOND time and PASSED this 3rd day of August 1982.
Upon a motion by: ___________________
Seconded by: _______________________
Carried
Mayor
.............................................
Clerk
.............................................
By-law 81-142
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READ a THIRD time and FINALLY PASSED this 3rd day of August 1982.
Upon a motion by: ___________________
Seconded by: _______________________
Carried
................................. MAYOR
................................. CLERK
This by-law is approved pursuant to
the provisions of the Environmental
Protection Act at Toronto this 5th day
of March, 1990
Minister of the Environment