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By-Law 8706
Consolidated Noise By-Law
Consolidated version revised and verified August 11, 2022.
Revision History:
By-Law 8727 - Passed on August 9, 2022
Consolidated for Convenience Only
This consolidated copy of a Town of LaSalle By-law is for convenient information.
While every effort is made to ensure the accuracy of this copy, the original by-law must
be consulted for all legal interpretations and applications. For more information or to
view by-laws, please contact the Clerk's Department at 519-969-7770 extension 1234.
This document is available in alternative formats upon request.
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The Corporation of the Town of LaSalle
By-law 8706
Being a By-law to Regulate Noise Control within
the Town of LaSalle
Whereas section 129 of the Municipal Act, 2001, S.O. 2001, c. 25 authorizes the
councils of local municipalities to pass By-laws to prohibit and regulate with respect to
noise;
And whereas it is in the public interest to reduce the noise levels in the Town by
prohibiting and regulating the making, creation or maintenance of excessive and
unreasonable noises within the Town;
Now therefore the Council of the Corporation of the Town of LaSalle hereby
enacts as follows:
1.0 Definitions
1.1 In this By-law,
"Council" means the Council of the Corporation of the Town of LaSalle;
"Construction" includes erection, alteration, repair, dismantling, demolition,
structural maintenance, land clearing, earth moving, grading, excavating, 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, and includes any work in
connection therewith;
"Construction Equipment" means any equipment or device designed and
intended for use in construction or materials handling, including but not
limited to, hand tools, power tools, 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;
"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 within the premises of a
person;
"Highway" includes a common and public highway, street, avenue,
parkway, driveway, square, place, lane, bridge, viaduct or trestle;
"Inhabitants" means one or more persons who reside in the municipality;
"Motor Vehicle" includes an automobile, motorcycle and any other vehicle
propelled or driven other than by muscular power;
"Municipality" means the geographical area in respect of which the Town
has jurisdiction;
"Noise" means unwanted sound;
"Person" includes, but is not limited to, an individual, sole proprietorship,
partnership, association or corporation;
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"Point of Reception" means any point on the premises where sound
originating from other than those premises is received;
"Residential Area" means any land within the municipality which is zoned
for residential uses by the Town's Zoning By-law or which is used in whole
or in part for human habitation.
2.0 General Prohibition
2.1 No Person shall make, cause or permit Noise or vibration which is likely to
disturb the quiet, peace, rest, enjoyment, comfort or convenience of the
Inhabitants of the municipalilty.
3.0 Specific Prohibitions
3.1 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)
The revving of an engine or motor;
(2)
The operation of a Motor Vehicle in such a way that the tires squeal;
(3)
The operation of a Motor Vehicle, engine, motor, Construction
Equipment, or pneumatic device without an effective exhaust, intake-
muffling or other sound attenuation device, which device is in good
working order and in constant operation;
(4)
The operation of a Conveyance or a Motor Vehicle, with or without a
trailer, resulting in banging, clanking, squealing or other sounds due to
improperly secured loads or equipment, or inadequate maintenance;
(5)
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.
4.0 Prohibitions By Time And Activity
4.1 (1)
No Person shall emit or cause or permit the emission of sound
resulting from any act listed in Schedule "A", if clearly audible at a
Point of Reception located in an area of the Municipality within the
prohibited time as set out in Schedule "A".
(2)
Subsection (1) does not apply to the exempted area where it is listed
in Schedule "A" next to the listed act and the prohibited time.
5.0 Exemption For Public Safety And Highways
5.1 Despite any other provisions in this By-law, it shall be lawful to emit or
cause or permit the emission of sound in connection with measures for:
(1)
The immediate health, safety or welfare of the inhabitants of the
municipality under emergency circumstances; or
(2)
Any emergency requiring immediate action for the Construction,
preservation, restoration or repair of any highway.
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6.0 Exemption - Activities
6.1 Despite any other provision in this By-law, this By-law does not apply to any
Person who emits or causes or permits the emission of sound or vibration in
connection with any of the activities set out in Schedule "B".
7.0 Request For An Exemption
7.1 (1) Despite any other provision in this By-law, any Person may submit a
application with full particulars and supporting documentation to the
Clerk for an exemption from any of the provisions of this By-law.
(2)
No application shall be deemed complete until all required information
has been provided by the applicant.
(3)
A breach by the applicant of any of the terms or conditions of the
exemption shall terminate the exemption forthwith.
8.0 Intention To Maintain Valid Provisions By Severance
8.1 The Council declares and confirms its intent that shoud have provisons or
any part of any provisons of this By-law be held by a court of competent
jurisdiction to be invalid, or of no force and effect, it is the intent of the
Council in enacting this By-law, that each and every other provision of this
By-law, and every part of any provisions, authorized by law, stand and be
applied and enforced in accordance with its terms to the extent possible
according to law.
9.0 Enforcement And Penalties
9.1
(1) Every person who contravenes any of the provisions of this By-law is guilty of
an offence and, upon conviction is liable to a fine or penalty under the
Provincial Offences Act, R.S.O 1990, Chapter P.33, as amended.
(2)
Each day that such offence is committed, or permitted to continue,
shall constitute a separate offence and may be punishable as such.
Such fines shall be recoverable under the Provincial Offences Act,
R.S.O 1990, Chapter P.33, as amended.
(3)
An Officer or designate may enter on land at any reasonable time for
the purpose of carrying out an inspection to determine whether or not
the provisions of this By-law are in compliance and to enforce and
carry out the provisions of this By-law or any direction or order issued
pursuant to the Municipal Act, 2001, S.O 2001, c.25 or this By-law.
(4)
For the purpose of an inspection under section (3) an Officer or
designate may,
(a)
Required the production for inspection of documents or things
relevant to the inspection;
(b)
Inspect and remove documents or things relevant to the
inspection for the purpose of making copies or extracts;
(c)
Require information from any Person concerning a matter related
to the inspection; and
(d)
Alone or in conjunction with a Person possessing special or
expert knowledge, make examinations or take tests, samples or
photographs necessary for the purpose of the inspection.
(5) A sample taken under section (4)(d) shall be divided into two parts,
and one part shall be delivered to the Person from whom the sample is
taken if the Person so requests at the time the sample is taken and
provides the necessary facilities.
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(6)
If a sample is taken under section (4)(d) and the sample has not been
divided into two parts, a copy of any report on the sample shall be
given to the Person from whom the sample was taken.
(7)
A receipt shall be provided for any document or thing removed under
section (4)(d), and the document or thing shall be promptly returned
after the copies or extracts are made.
(8)
No Person shall interfere with, hinder or impede, or attempt to
interfere, hinder or impede an Officer or designate in the performance
of any duty authorized by this By-law or by provincial legislation.
(9)
If the Officer or designate is satisfied that a contravention of this By-
law has occurred, the Officer or designate may make an order
requiring the Person, Owner or occupier of the land who contravened
the By-law or who caused or permitted the contravention to:
(a)
Discontinue the contravening activity; or
(b)
Do work to correct the contravention.
(10) Any Person who contravenes an order under section 9.9 is guilty of an
offence.
(11) An order under section (9) shall set out:
(a)
Reasonable particulars of the contravention adequate to identify
the contravention and the location of the land on which the
contravention occurred; and
(b)
The date by which there must be compliance with the order.
(12) An order under section (9) shall be served to the Owner or any Person
the Officer or designate determines to be an interested party. Service
of an order shall be deemed to be served by sending the order
registered or first class mail, by posting or by personal service.
(13) An order under section (9) may require work to be done even though
the facts which constitute the contravention of the By-law were present
before the By-law making them a contravention came into force.
(14) In default of any work directed or required by the Town under this
section being done by the Person directed or required to do it, the
matter or thing shall be done at the Person's expense.
(15) Where the Town or any authorized agent on behalf of the Town has
performed the work required to bring about compliance with the By-
law, the Town may recover the cost of doing anything or matter under
section (14) by action or by adding the costs to the tax roll and
collected in the same manner as property taxes.
(16) The costs in section (15) shall include interest calculated at a rate of
15 percent, calculated for the period commencing on the day the Town
incurs the costs and ending on the date the costs, including the
interest, are paid in full.
(17) For the purpose of section (14), the Town or any authorized agent on
behalf of the Town may enter upon land at any reasonable time and
complete the work set out in the order.
(18) Where the singular is used it shall also mean or stand for the plural.
10.0 Schedules - Part Of By-Law
10.1 Schedules A and B attached to this By-law shall form part of this By-law.
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11.0 By-Law Repealed
11.1 By-law No. 3783 is repealed.
Read a first and second time and finally passed this 24 day of May, 2022.
1st Reading - May 24, 2022
2nd Reading - May 24, 2022
3rd Reading - May 24, 2022
________________________________
Mayor
________________________________
Clerk
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Schedule A
Time and Activity Prohibitions
Type of Act
Prohibited Period of
Time
Exempted Area
1. Excessive yelling,
shouting, screaming, or
hooting as a result of a
gathering.
At any time
N/A
2. The activation of a
security alarm resulting
in the sound for a
duration in excess of five
minutes.
At any time
N/A
3. The operation of any
equipment in connection
with Construction.
8:00 p.m. to 7:00 a.m.
Commercial, Industrial,
and Institutional
4. The operation of any
tool for domestic
purposes other than
snow removal.
9:00 p.m. to 8:00 a.m.
Saturday, Sunday, and
statutory holidays 9:00
p.m. to 9:00 a.m.
N/A
5. The operation of solid
waste, refuse or
recyclable bulk-lift or
refuse-compacting
equipment
6:00 p.m. to 6:00 a.m.
Agricultural, Commercial,
Industrial, and
Institutional
6. The operation of an
engine or motor which is
used in or is intended for
use in, a toy or a model
or replica of any device,
which toy, model or
replica has no function
other than amusement,
and which is not a
conveyance.
9:00 p.m. to 7:00 a.m.
Saturday, Sunday, and
statutory holidays 8:00
p.m. to 9:00 a.m.
N/A
7. Vehicle repairs.
8:00 p.m. to 7:00 a.m.
Saturday, Sunday, and
statutory holidays 8:00
p.m. to 9:00 a.m.
N/A
8. The loading,
unloading, delivering,
packing, unpacking, or
otherwise handling of
any containers, products,
or materials
9:00 p.m. to 7:00 a.m.
Saturday, Sunday, and
statutory holidays 8:00
p.m. to 9:00 a.m.
N/A
9. The use of any
electronic device or
group of connected
electronic devices
incorporating one or
more loudspeakers or
other electromechanical
transducers and
intended for the
9:00 p.m. to 7:00 a.m.
Saturday, Sunday, and
statutory holidays 8:00
p.m. to 9:00 a.m.
N/A
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Type of Act
Prohibited Period of
Time
Exempted Area
production, reproduction,
or amplification of sound.
10. The playing of music. 11:00 p.m. to 7:00 a.m.
Saturday, Sunday, and
statutory holidays 11:00
p.m. to 9:00 a.m.
N/A
11. The detonation of
fireworks or explosive
devices not used in
construction. -save and
except as described in
by-law 8013, as
amended.
At any time
N/A
12. The discharge of
firearms
At any time
Agricultural as described
in by-law 5304.
13. The operation of a
commercial car wash
with air drying equipment
10:00 p.m. to 8:00 a.m.
N/A
14. The operation of
power lawn mowers.
9:00 p.m. to 8:00 a.m.
N/A
15. Dynamic braking,
engine braking, or
engine retarding of a
motor vehicle
At all times
N/A
(Schedule A amended by by-law 8727, passed August 9, 2022)
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Schedule "B"
Exempted Activities
1. Incidental Noise from any carnival, midway, exhibition, fair, circus or similar
event for which the Town has issued a license.
2. Incidental Noise from any parade authorized by Council.
3. Incidental Noise from any sporting, recreational, musical, entertainment or
similar event or performance, which has been authorized by Council.
4. Incidental Noise from any activity if the Town, Ontario Power Generation, Essex
Power Inc. or the Provincial, Federal, or Municipal levels of government, their
employees, agents or contractors, associated with the construction, repair,
performance or maintenance of essential public services.
5. Incidental Noise from the detonation of fireworks which detonation has been
authorized by Council.