This is the exact embedded text of the captured official document.
Snapshot ddbd733cb449 · verified 2026-06-09 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
THE CORPORATION OF THE TOWNSHIP OF LAURENTIAN VALLEY
BY-LAW 2014-04-020
BEING A BY-LAW TO REGULATE CERTAIN NOISES IN THE TOWNSHIP OF
LAURENTIAN VALLEY
WHEREAS section 9 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, provides that a
municipality 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 Section 128 of the Municipal Act, 2001, S.O. 2001, authorizes a local
municipality to prohibit and regulate with respect to public nuisance, including matters
that, in the opinion of council, are or could become or cause public nuisances; and
AND WHEREAS section 129 of the Municipal Act, 2001 authorizes a local municipality, to
prohibit and regulate with respect to noise, vibration, odour, dust and outdoor illumination,
including indoor lighting that can be seen outdoors; and
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 tranquillity of their life or cause nuisance; and
AND WHEREAS it is the policy of the Council to reduce and control such sound and
vibration;
NOW THEREFORE BE IT RESOLVED that the Council of the Corporation of the
Township of Laurentian Valley ENACTS as follows:
1.
INTERPRETATION:
In this By-Law:
(a) 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
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
"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) 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;
(d) Council
"Council" means the Council of the Corporation of the Township of Laurentian
Valley.
(e)
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.
(f)
Minister
"Minister" means Minister of the Environment.
(g)
Ministry
"Ministry" means Ministry of the Environment.
(h)
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;
(i)
Motorized Conveyance
"motorized conveyance" means a conveyance propelled or driven otherwise than
by muscular, gravitational or wind power.
(j)
Municipality
"municipality" means the land within the geographic limits of The Corporation of
the Township of Laurentian Valley.
(k)
Unnecessary Noise
"Unnecessary Noise" means noise that is of such loud volume or continuous
duration that it creates a nuisance, is likely to disturb the inhabitants of any
dwelling and without limiting the generality of the foregoing. This includes the
noise from or created by any radio, or television, or any musical or sound-
production instrument when such device is played or operated in such a manner
or with such volume as to disturb the inhabitants of any dwelling;
(l)
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.
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:
a) Racing of any motorized conveyance other than in a racing event regulated by
law.
b) 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.
c) 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 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.
d) The operation of any item of construction equipment without effective muffling
devices in good working order and in constant operation.
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 TIME AND PLACE
Item No.
Description of Activity
Time Chart
1
Detonation of Fireworks or Explosive Devices not
used in construction
A
2
The operation of a combustion engine which is, is
used in, or intended for a toy or model or replica of
any device which model or replica has no function
other than amusement and which is not a
conveyance
D
3
The operation of any electronic device or group of
connected electronic devices incorporating one or
more loudspeakers or other electo-mechanical
transducers, and intended for the production, re-
production or amplification of sound
A
4
The operation of any auditory signaling device,
including but not limited to the ringing of bells or
gongs, the blowing of sirens, horns, whistles or the
production, re-production, or amplification of any
similar sounds by electronic means except where
required or authorized by legislation or in
accordance with good safety practice
A
5
The venting, release or pressure relief of air,
steam, or other gaseous material, product or
compound from any autoclave, boiler, pressure
vessel, pipe, valve, machine, device or system
A
6
Any selling or advertising by shouting or outcry or
amplified sound
B & C
7
Loading, unloading, delivering, packing, unpacking
or otherwise handling any containers, products,
materials or refuse whatsoever unless necessary
for the maintenance of essential services or moving
of private household effects
C & D
8
The operation of any equipment in connection with
construction
A
9
The operation or use of any tool for domestic
purposes other than snow removal, not limited to
lawnmowers, chainsaws, grinders, electric saws
and other like shop tools and outdoor power
products.
E
10
The operation of solid waste bulk lift or refuse
compacting equipment
B
Time Chart
A
2300 hours one day to 0700 hours the next day (0900 hours Sunday)
B
1900 hours one day to 0700 hours the next day (0900 hours Sunday)
C
All day Sunday and all Statutory Holidays
D
2100 hours one day to 0700 hours the next day (0900 hours Sunday)
E
2100 hours one day to 0700 hours the next day (0900 hours Sunday)
4.
EXEMPTIONS
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 sound or
vibration is clearly of a longer duration or nature more disturbing, than is
reasonably necessary for the accomplishment of such emergency purpose.
Also Notwithstanding the provisions of Section 3 of this By-law, where the permitted
timing of an activity has been established in an Agreement entered into between a
Property Owner and the Township pursuant to the provisions of the Planning Act or the
Municipal Act, or are set in a Licence issued by the Ministry of Natural Resources under
the Aggregate Resources Act, the provisions of the Agreement shall prevail over the
provisions of this By-law.
5.
GRANT OF EXEMPTION BY COUNCIL
(1)
Application to Council
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 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.
(2)
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.
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:
(1)
The use in a reasonable manner of an apparatus or mechanism for the
amplification of the human voice or of music in a public park or recreational area
under the control and management of the Township of Laurentian Valley in
connection with any public election meeting, public celebration or other lawful
gathering, on the following festive days:
New Years Day
St. Patrick's Day
Civic Holiday (August)
Thanksgiving Day
Valentines Day
Easter Weekend (Good Friday, Easter Monday)
Labour Day
Christmas Day
Victoria Day
Boxing Day
Canada Day
Remembrance Day
(2)
All agricultural activities in the municipality.
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
(1)
Every person who contravenes any of the provision of this by-law is guilty of an
offence and shall, upon conviction thereof, forfeit and pay a penalty of
1st Conviction
A fine of $500.00 per offence
2nd and Subsequent Convictions:
A fine of $1000.00 per offence
(2)
Upon conviction of an offence under this By-Law, the person shall be responsible
for payment of costs associated with enforcing this By-Law and any Provincial
costs associated with the Provincial Offences Act.
9.
PREVIOUS BY-LAWS
By-Law 84-19 (Alice and Fraser) and By-Law 691-12-93 (Pembroke Township) are
hereby repealed with the passing of this By-Law.
READ A FIRST AND SECOND TIME THIS 15TH DAY OF APRIL, 2014.
READ A THIRD TIME AND FINALLY PASSED THIS 15TH DAY OF APRIL, 2014.
Original signed
Original signed
_______________________
__________________________
Jack Wilson, Mayor
Dean Sauriol, CAO/Clerk