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THE CORPORATION OF THE TOWN OF KINGSVILLE
BY-LAW 28-2006
Being a By-law to amend By-law 69-2003, being a By-law to Regulate
Noise in The Corporation of the Town of Kingsville
WHEREAS Section 129 of the Municipal Act, S.O. 2001, c. 25 provides that
the councils of local municipalities may pass a by-law for regulating noise;
AND WHEREAS By-law No. 69-2003, being a By-law to Regulate Noise
within The Corporation of the Town of Kingsville, was adopted by the Town of
Kingsville Council on December 15, 2003;
AND WHEREAS it may be necessary from time to time to amend By-law 69-
2003;
AND WHEREAS Council for The Corporation of the Town of Kingsville
deems it necessary to add Dynamic braking or engine braking or engine
retarding of a motor vehicle as a prohibited noise within the 50 km. zones of
The Corporation of the Town of Kingsville.
NOW THEREFORE THE COUNCIL FOR THE CORPORATION OF THE
TOWN OF KINGSVILLE ENACTS AS FOLLOWS:
1. That Section 2, GENERAL PROHIBITIONS, Subsection 2 is hereby
amended to add the following paragraph (e) immediately following
subparagraph 2(2)(d):
2.(2)
(e) Dynamic braking or engine braking or engine retarding of a motor
vehicle within the 50 km. zones of The Corporation of the Town of
Kingsville and in any other area so posted.
2. That this Amending By-law shall come into force and effect from the
date of passing by the Council of The Corporation of the Town of
Kingsville.
READ A FIRST, SECOND AND THIRD TIME AND FINALL PASSED THIS
27th DAY OF MARCH, 2006.
MAYOR, Nelson Santos
CLERK, Linda Burling
THE CORPORATION OF THE TOWN OF KINGSVILLE
BY-LAW 69-2003
Being a By-law to regulate noise
WHEREAS Section 129 of the Municipal Act, S.O. 2001, c. 25 provides that
the councils of local municipalities may pass a by-law for regulating noise.
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE
TOWN OF KINGSVILLE ENACTS AS FOLLOWS:
1. INTERPRETATION
(1) In this By-law,
(a) "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;
(b) "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;
(c) "Corporation" means The Corporation of the Town of Kingsville;
(d) "Council" means the Council for The Corporation of the Town of
Kingsville;
(e) "Industrial Area" means those areas of the municipality designated
as industrial in Kingsville By-law No. 6-1987, the former Township
of Gosfield South By-law No 59-1998, and the former Township of
Gosfield North By-law 1988-15 as may be amended from time to
time or designated as Industrial pursuant to any other By-law
enacted pursuant to Section 34 of the Planning Act, R.S.O. 1990,
c.P.13;
(f) "Municipality". means the land within the geographic limit of The
Corporation of the Town of Kingsville;
(g) "Noise Control Officer" means a Police Officer of the Ontario
Provincial Police or any person designated by Council as
responsible for the administration or enforcement of municipal by-
laws from time to time;
(h) "Unnecessary Noise" means unusual or excessive sound that is of
such loud volume or continuous duration that it disturbs the peace,
quiet, comfort or repose of any person or creates a nuisance.
(i) "Residential Area" means an area defined as a residential area as
defined in the former Township of Gosfield South By-law No 59-
1998, and the former Township of Gosfield North By-law 1988-15
as may be amended from, time to time or designated as Residential
pursuant to any other. By-law enacted pursuant to Section 34 of the
Planning Act, R.S.O. 1990, c.P.13;
2. GENERAL PROHIBITIONS
(1) No person shall create unnecessary noise;
(2) Without limiting the generality of Section 2(1), no person within the
Municipality shall commit any of the following acts, which shall be
deemed to be creating unnecessary noise:
(a) Permit persistent barking, whining, or howling of a dog of which
the person is the owner or which is under his/her care;
(b) Operating a chain saw, lawnmower, leaf -blower, snow blower,
mulcher, or other similar motorized device between the hours of
10:00 p.m. and 7:00 a.m. any day.
(c) Carry on an industrial activity including, but not limited to
manufacturing, fabricating, assembly and/or production and
which creates unwanted sound in an area other than an
Industrial Area.
(d) Permit the idling of an engine or motor in, or on, any motor
vehicle including a truck or item of attached auxiliary equipment
for a continuous period exceeding five minutes, while such
vehicle is stationary in a Residential Area unless the owner or
operator of such vehicle can demonstrate to the satisfaction of
the Noise Control Officer that idling the engine for a longer
duration is necessary having regard to all of the surrounding
circumstances including, but not limited to, the weather and the
manufacturer's specifications for normal and efficient operation
of the said motor vehicle and/or attached auxiliary equipment.
3. EXEMPTIONS
Section 2(1) of this By-law does not apply to noise created by the
following activities:
(a) Construction or the operation of Construction Equipment between the
hours of 11:00 a.m. and 4:00 p.m. on Sundays and between the hours
of 7:00 a.m. and 9:00 p.m. every other day;
(b) Emergency measures undertaken for the immediate health, safety or
welfare of the inhabitants or any of them or for the preservation or
restoration of property; unless such sound is clearly of a longer
duration or nature more disturbing than is reasonably necessary for the
accomplishment of such emergency purpose;
(c) Any normal faun practice as determined pursuant to the Farming and
Food Production Act, 1998;
(d) For any sound that emanates from an Industrial Area that results from
an essential part of the industrial process that is established on the
property from which the sound originated.
(e) The operation of all municipally owned and operated vehicles and
subcontractors thereof, and includes fire, police, and ambulance
service vehicles.
(f) An activity which creates an unnecessary sound that is the result of the
use of any lot, building or structure for any purpose that would
otherwise be prohibited under the regulations of the Town's Zoning By-
law, but is determined to be a legal non -conforming use in accordance
with the definition contained within the Town's Zoning By-law.
4. EXEMPTION OF FACILITIES OR TRADITIONAL, FESTIVE,
RELIGIOUS AND OTHER ACTIVITIES
This By-law does not apply to any facilities or activities of any level of
government or any of the hereinafter listed facilities or traditional,
festive or religious and other activities, namely;
(a) Events sponsored by the Migration Festival Committee;
(b) Ringing of church bells, religious events and religious
processions;
(c) The Kingsville Business Improvement Association sound
system or any event sponsored by that organization including
but not limited to the Victorian Day Festival;
(d) Events sponsored by a service club or clubs to promote
community interests and involvement including but not limited to
the Community Carnival and Cottam Rotary Horse Show.
(e) Statutory holidays do not fall under the categories of facilities,
traditional, festive or religious and other activities.
(f) Fantasy of Lights
Ruthven Apple Festival,
Victoria Day (May 24th of each year),
Dominion Holiday (July 1st of each year),
New Year's Eve (December 31st of each year)
5. GRANT OF NOISE PERMIT BY COUNCIL
(1) Application to Council
Notwithstanding anything contained in this By-law, any person may
make application to Council for a noise permit which shall have the
effect of granting exemption from any of the provisions of this By-law
with respect to any source of sound through which the person might be
prosecuted and Council, by resolution, may refuse to grant the permit
applied for or any exemption of lesser effect, and any permit granted
shall specify the time period, not in excess of six (6) 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 permit, Council shall give the
applicant, and any person opposed to the application, an opportunity to
be heard and may consider such other matters as Council sees fit.
(3) Breach
Breach by the applicant of any of the terms or conditions of any permit
granted by Council shall render the permit null and void. Any noise
permit may be revoked or suspended by Council for any reason
Council deems appropriate.
6. 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.
7. PENALTY
Every person who contravenes any of the provisions of this By-law is
guilty of an offence and, upon conviction is subject to a fine pursuant to
the Provincial Offences Act, R.S.O. 1990, c.P.33, as amended.
8. That By-law Number 7-1988 of The Corporation of the Town of
Kingsville, being a By-law to regulate and prohibit unusual noises,
and the former Township of Gosfield South By-law 12-1985, being
a By-law to control noise, are hereby repealed.
READ A FIRST AND SECOND TIME THIS 15th DAY OF DECEMBER, 2003.
READ A THIRD TIME AND FINALLY PASSED THIS 15th DAY OF
DECEMBER, 2003.
MAYOR, Nelson Santos
ACTING CLERK, Linda Burling