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THE CORPORATION OF THE TOWN OF LINCOLN
BY-LAW NO.2019-44
A BY-LAW TO PROHIBIT AND REGULATE NOISES
LIKELY TO DISTURB THE INHABITANTS OF THE
TOWN OF LINCOLN, AND TO REPEAL BY-LAW 08-48
WHEREAS Section 129 of the Municipal Act, 2001 , S.O. 2001 , c. 25 (the "Municipal
Act, 2001") as amended, authorizes municipalities to pass By-laws to prohibit and
regulate noise in the municipality;
AND WHEREAS it is in the public interest to reduce the level of noise in the Town of
Lincoln so as to preserve, protect and promote the public health, safety, welfare and
the peace and quiet of the inhabitants of the Town;
AND WHEREAS pursuant to section 425 of the Municipal Act, 2001, a municipality
may pass By-laws providing that a person who contravenes a By-law of the
municipality passed under that Act is guilty of an offence.
NOW THEREFORE, THE COUNCIL OF THE CORPORATION OF THE TOWN OF
LINCOLN HEREBY ENACTS AS FOLLOWS:
1. SHORT TITLE
1.1. This By-law may be referred to as the "Noise Control By-law".
2. INTERPRETATION
2.1. For the purposes of this By-law, the following terms shall have the
corresponding meanings:
(a) "Construction" means the erection, alteration, repair, dismantling,
demolition, structural maintenance, painting, moving, land clearing,
earth moving, grading, excavating, laying of pipe or conduit, street
and highway building, equipment installation or the alteration and
structural installation of components and materials in any form;
(b) "Construction Equipment" means any equipment or device used or
intended for use in construction including, but not limited to, air
compressors, pile drivers, pneumatic or hydraulic tools, bulldozers,
excavators, trenchers, cranes, loaders, scrapers, pavers,
compactors, rollers, graders, concrete mixers and the like.
(c) "Construction Site" means an area or portion of land that is used for
or that is under Construction;
(d) "Council" means the Council of the Town.
(e) "Exemption lssuer" means the Director of Planning and
Development, or any other person appointed by the Director to
review and issue noise exemptions for the Town;
(0 "Hearing Committee" means a committee appointed by Council;
(g) "Holiday" means any holiday set out as a holiday in the Retail
Busrness Holidays Acl R.S.O. 1990, c. R.30, as amended, or any
successor thereof;
(h) "lnhabitants" means one or more persons who whether permanently
or temporarily reside in the Town or may include a visitor(s) to the
Town;
(i) "Noise" means any sound or vibration that is of such a volume or
nature that it is likely to disturb the lnhabitants of the municipality;
0) "Officer" means a Municipal Law Enforcement Officer appointed by
Town By-law, a Police Officer, or other person appointed by the
Town to enforce this By-law;
(k) "Person" includes a corporation, organization, association
partnership and the like;
(l) "Point of Reception" means any place on a property where a sound
is heard, the source of which does not originate from the property;
(m) "Special Event" means a gathering or function as further defined in
By-law No. 2018-17, A By-law to Regulate and Govem the Holding
of Special Events in the Town of Lincoln, and to Establish a Permit
Sysfem for Special Events;
(i) "Town" means the Corporation of the Town of Lincoln;
(j) "Unauthorized" means contrary to prevailing Federal, Provincial or
Municipal law or regulations;
(k) "Weekday" means any Monday, Tuesday, Wednesday, Thursday or
Friday, other than a statutory holiday.
2.2. For the purposes of this By-law, unless the context otherwise requires,
words imparting the singular shall include the plural and words imparting
the masculine gender shall include the feminine and vice versa.
2.3. Where a form of words or expression is prescribed in this By-law,
deviations therefrom not affecting the substance or calculated to mislead
do not vitiate them.
2.4. Should any section, clause or provision of this By-law be held by a court
of competent jurisdiction to be invalid, the validity of the remainder of this
By-law shall not be affected.
2.5. References in this By-law to any statute or statutory provision include
references to that statute or statutory provision as it may from time to time
be amended, extended or re-enacted.
3. GENERAL EXEMPTIONS
3.1. This By-law shall not apply to a person who emits or causes or permits
the emission of sound or vibration in connection with:
(a) Special Events as defined in By-law 2018-17, for which a permit
has been issued and which s compliant with the conditions of that
permit;
(b) An event held by the Town;
(c)
Measures undertaken for the immediate health, safety or welfare
of the Inhabitants under emergency circumstances or in
circumstances of public necessity;
(d) The operation of a bell, horn, siren or other signaling device
required by law, or associated with any emergency or law
enforcement vehicle, or associated with the operation of a traffic
control device at any intersection including any railway crossing;
(e) Measures undertaken by the Town, the Regional Municipality of
Niagara, the Province of Ontario or the Government of Canada or
any of their servants, employees, contractors or agents in carrying
out any operations including the operation, maintenance or
installation government-owned infrastructure, facilities or the like,
or to deliver government services;
(f) Any activity that is integral to the operation of any railway or airport
within the legislative authority of the federal or provincial
government;
(g) The discharge of consumer fireworks, display fireworks or
pyrotechnic special effects fireworks if such discharge complies
with the Town of Lincoln's By-law No. 07-77: A By-law to Prohibit
and Regulate the Sale and Use of Fireworks and Pyrotechnic
Specia/ Effects Within the Town of Lincoln, as amended;
(h) The sounding of bells or chimes as part of a religious ceremony or
by the Salvation Army, sounds related to a military service, or the
use of an apparatus or mechanism for the amplification of the
human voice or of music for the purpose of a call to prayer;
(i) The sounding of bells, chimes or music by a mobile vendor
operating in conformity with all prevailing Federal, Provincial or
Municipal law or regulations providing that such mobile vendor
does not emit, cause or permit such ringing or sounding of bells or
chimes at any one location for a period of more than thirty (30)
seconds;
(j) Agricultural operations carried on as normal farm practices in
accordance with the Farming and Food Production Protection Act,
1998, S.O. 1998, c.1, as amended;
4. EXEMPTIONS BY EXEMPTION ISSUER
4.1. Any Person may apply for a temporary noise exemption permit from this
By-law or any provision of it.
4.2. An applicant for a temporary noise exemption under subsection 4.1 shall
submit to the Exemption lssuer, not less than 45 days prior to the
commencement of the activity for which the temporary noise exemption is
sought:
(a) an application in writing, in the form determined by the Exemption
lssuer from time to time and including:
(i) the name and contact information of the applicant;
(ii) a description of the source of the sound and resulting noise in
respect of which the temporary noise exemption is sought;
(iii) the location of the Event or Construction activity forwhich the
temporary noise exemption is sought;
(iv) the provision or provisions of this By-law for which the
temporary noise exemption is sought, and the terms being
requested;
(v) the rationale for the temporary noise exemption;
(vi) the days and hours for which the exemption is sought; and
(vii) the name and contact information of the contact Person or
Persons who will be supervising the activities for which the
temporary noise exemption is sought and who will be
available to address concerns raised by Persons with in the
area where the noise is heard;
(b) other information or documentation requested by the Exemption
lssuer to assist him or her to assess the application; and
(c) any application fee established in accordance with the Town of
Lincoln Fees and Charges By-law.
4.3. The application fee shall be non-refundable.
4.4. The Exemption lssuer may circulate the application to other Town
departments, Ward Councillors, the Niagara Regional Police Service and
any other source which is deemed to be relevant for input.
5. Refusal of Exemption
5.1. The Exemption lssuer may refuse to issue the temporary noise exemption
if:
(a) the application was not submitted in the time frame provide for in
Section 4.2;
(b) the application is not complete;
(c) after due consideration of the factors in paragraph 6.1(b), it is the
opinion of the Exemption lssuer that it is not appropriate to issue
a temporary noise exemption.
5.2. Following the completed review of an application, the Exemption lssuer
shall notify the applicant of:
(a) the decision and particulars of the reason for the refusal to issue or renew the
temporary noise exemption within 10 business days.
6. lssuance of Exemption
6.1. The Exemption lssuer may issue a temporary noise exemption:
(a) if there are no grounds to refuse the application pursuant to
paragraphs 5.1(a), (b) or (c);
(b) in the opinion of the Exemption lssuer it is appropriate to issue the
temporary noise exemption after a due consideration of:
(i) any negative effects the issuance of the temporary noise
exemption may have on neighbouring properties or on the
Town;
(ii) any benefits the issuance of the temporary noise exemption
may have for neighbouring properties or for the Town;
(iii) any previous violations of this By-law;
(iv) any previous violations by the applicant of conditions of a
temporary noise exemption;
(v) any input received pursuant to subsection 4.4; and
(vi) any other matter the Exemption lssuer reasonably considers
relevant;
6.2. In issuing a temporary noise exemption, the Exemption lssuer:
(a) shall identify:
(i) the location and type of activity authorized;
(ii) the type of sounds that are authorized;
(iii) the days and times during which the temporarily exempted
sound is authorized; and
(b) may impose conditions suitable to the circumstances, but shall include the
following:
(i) any noise does not exceed:
a. 90 dBA as measured 10 m from its source; or,
b. 60 dBA as measure at the Point of Reception, provided an
accurate reading can take place
c. The threshold which is first to occur will apply as the
maximum level of noise.
(ii) Notice of the Noise Exemption permit with the dates, times
and address of each event circulated by letter no later than 10
days prior to the event to any property within:
a. 60 m in an Urban Area
b. 250 m outside of an Urban Area
(iii) That the applicant or person(s) appointed on their behalf,
measure active dBA at a minimum once per hour during the
identified event times. Documentation to be available to an
Officer upon request.
(iv) That any noise be adjusted to acceptable levels, if directed by
an Officer; and,
(v) That a permit may be revoked if any condition is not being met
7. Exemption
7.1. A temporary noise exemption is issued by the Exemption lssuer signing
and dating the temporary noise exemption.
7.2. The Exemption lssuer shall provide the temporary noise exemption to the
applicant.
7.3. A temporary noise exemption issued under this By-law, if not earlier
revoked, shallexpire on the date set out in the temporary noise exemption.
7.4. The noise exemption shall be posted in a conspicuous place at the event
or construction area.
8. Appeal to Hearing Committee
8.1. The applicant for a temporary noise exemption under this By-law may
appeal to the Hearing Committee:
(a) a refusalto issue a temporary noise exemption where such refusal
is based on the exercise of the Exemption lssuer's discretion under
paragraph 5.1(c); or
(b) any condition imposed by the Exemption lssuer as a condition of
the temporary noise exemption, except a condition required by
paragraph 6.2(b).
8.2. An applicant entitled to request a hearing before the Hearing Committee
pursuant to subsection 8.1, may apply in writing to the Exemption lssuer
for a hearing and shall submit with such application, an administrative fee
in an amount determined in accordance with the Town Fees and Charges
By-law, as amended.
8.3. On receipt of a request for a hearing, the Exemption lssuer shall review
the request to determine if the request is based on grounds provided for
in this By-law and that the administrative fee in an amount determined in
accordance with the Towns Fees and Charges By-law, as amended, has
been paid and if same is in order, shall request the Secretary Treasurer
to set a date, time and place for the hearing.
8.4. When asked to do so by the Exemption lssuer, the Secretary Treasurer
shall set a date, time and place for a hearing of the appeal before the
Hearing Committee and give notice of the date, time and place of the
hearing to the applicant.
8.5. On the date and time scheduled for the hearing, or such later date as may
be set or consented to by the Hearing Committee, the Hearing Committee
may hear and view any evidence provided by the Exemption lssuer and
by the applicant for the hearing and may:
(a) uphold the decision to refuse to issue the temporary noise
exemption, based on any grounds open to the Exemption lssuer;
(b) may authorize the issuance of the temporary noise permit and set
any conditions for the issuance of the temporary noise exemption
in accordance with subsection 6.2; or
(c) uphold, remove, alter or add any condition of the temporary noise
exemption based on any grounds open to the Exemption lssuer.
8.6. Upon the Hearing Committee reaching a decision, the Secretary
Treasurer shall give notice of the decision in writing to the applicant for
the hearing, and the Exemption lssuer shall, where appropriate, issue
the temporary noise exemption as directed by the Hearing Committee
or issue an amended temporary noise exemption reflecting the
conditions imposed by the Hearing Committee.
8.7. Any conditions of a temporary noise exemption issued by the Exemption
lssuer remain in effect unless and until altered or removed by the
Hearing Committee.
8.8. The onus is on the applicant for a temporary noise exemption to provide
evidence to the satisfaction of the Hearing Committee that the applicant
is entitled to the issuance of the temporary noise exemption or to have
any condition of the temporary noise exemption altered or removed.
9. Revocation of an Exemption
9.1. The Exemption lssuer and/or Officer may revoke a temporary noise
exemption issued under this By-law if, in the opinion of the Exemption
lssuer and/or Officer, there is a failure to comply with the terms and
conditions of the temporary noise exemption. Notice of the revocation may
be given in writing or may be given orally and followed by notice in writing.
Written notice may be addressed to the applicant at the address in the
application for the exemption. Notice is deemed effective immediately, if
given orally and deemed effective the fifth day after mailing, if the notice
is given only by mail, whether or not the notice is actually received. lf a
revocation of a noise exemption has occurred, penalties as noted in
section 13 of this By-law may also apply based on the discretion of the
Exemption lssuer and/or Officer if it has been determined that a
contravention of any other provision of this By-law has occurred.
10. Offence
10.1. No Person to whom a temporary noise exemption has been issued, shall
make, cause or permit the making of sound or the continuation of any
sound contrary to the terms and conditions of the temporary noise
exemption issued to that Person.
11. GENERAL NOISE PROHIBITIONS
11.1.No person shall at any time within the limits of the Town, cause or permit
to be caused:
(a) An unreasonable noise; or,
(b) A noise that is likely to disturb the lnhabitants of the Town
1 1.2 Noise from the sources listed in paragraphs 1 1.2(a) to 1 1 .2(k) is deemed
to be an unreasonable noise or a noise that is likely to disturb the
inhabitants of the Town:
(a) The operation of a motor vehicle in an Unauthorized race or other
competition;
(b) The operation of a motor vehicle in such a way that the tires of the
vehicle squeal;
(c) The operation of a vehicle or resulting in banging, clanking,
squealing or other noise due to an improperly secured load or
equipment, or inadequate maintenance.
(d) A radio, amplifier, speaker or other similar device on or in a vehicle
that is clearly audible at least 8 m from the vehicle;
(e) The operation of a combustion engine or pneumatic device without
an effective exhaust muffling device that is in proper working order
and in constant operation;
(f) The operation of any item of Construction Equipment without an
effective exhaust muffling device that is in properworking order and
in constant operation;
(g) The discharge, venting, release or pressure relief of air, steam, or
other gaseous material, product or compound from any autoclave,
boiler, compressor, pressure vessel, pipe, valve, machine, device
or system;
(h) The sounding or use of any bell, chimes, gong
alarm or the like, except where authorized by I
, horn, siren, whistle,
aw, or as an auditory
12.
safety alert, or as a warning device in accordance with good safety
practices;
(i)
The operation of any mechanical equipment that is not operating
or being maintained in accordance with the manufacturer's
specifications including any air conditioner, heat pump, hot tub,
pool or spa pump or filter or the like that is not in proper working
order from the point of reception;
(j) The persistent barking, calling, whining or sound from any domestic
pet or any animal that is audible at the point of reception; or
(k) The indoor and outdoor operation of any radio, television, stereo or
other electronic device including any amplification device, public
address system, loudspeaker system or any musical or other
sound producing instrument that is clearly audible at the point of
reception;
NOISE PROHIBITIONS BY TIME OF DAY AND AREA
12.1.No person shall cause or permit to be caused at any time on any Sunday
or Statutory Holiday, or between the hour of 6:00 p.m. of any day and 7:00
a.m. of the following Weekday or 9:00 a.m. of the following Saturday, any
Noise created by the operation of Construction Equipment on a
Construction Site within the limits of the Town.
12.2.No person shall cause or permit to be caused between the hour of 10:00
p.m. of any day and 7:00 am. of the following Weekday; or 8:00 a.m. of
the following Saturday or 9:00 a.m. of the following Sunday or Statutory
Holiday, any Noise that is clearly audible at a Point of Reception in any
Residential Zone as defined by the Town Zoning By-law, as amended,
that is created by:
(a) shouting, yelling, whistling or singing;
(b) the operation of any combustion engine which is used or intended
for use in a toy, model, or replica of a larger device which has no
function other than amusement and which is not a conveyance;
(c) the operation of any combustion engine which is used or intended
for use in any lawn, yard or garden maintenance equipment;
(d) the operation of any dirt bike, all-terrain vehicle, snowmobile, go-
cart, dune buggy or like conveyance that is Unauthorized to be
operated on a public highway; or
(e) the operation of any domestic tool including a hammer, saw, nail
gun, staple gun, drill, chain saw, grass and hedge trimmers or the
like.
13. ENFORCEMENT AND ADMINISTRATION:
13.1. The enforcement and administration of this By-law shall be conducted by
an Officer.
13.2. An Officer may issue a direction or order requiring that a Person comply
with the provisions of this By-law.
13.3. An Officer may enter upon land at any reasonable time for the purpose of
carrying out an inspection to determine whether or not:
(a) The provisions of this By-law are being complied with; or
(b) A direction or order under this By-law is being complied with.
13.4. No Person shall hinder or obstruct any Officer, or any Person lawfully
acting in aid of such Officer, in the execution of their duties under this By-
law.
13.5. References in this By-law to any legislation (including but not limited to
regulations and By-laws) or any provision thereof include such legislation
or provision thereof as amended, revised, re-enacted and/or consolidated
from time to time and any successor legislation thereto.
14. PENALW
14.1.Every person who contravenes any provision of this By-law is guilty of an
offence and is liable upon conviction to a fine recoverable pursuant to the
Provincial Offences Acf, R.S.O. 1990, Chapter P.33, as amended, or any
successor thereof.
15. REPEAL AND ENACTMENT
15.1. By-law No. 08-48, as amended and any other By-law of the Town of
Lincoln inconsistent with this By-law is hereby repealed.
16. EFFECTIVE DATE OF BY.LAW
16.1.This By-law shall come into force and take effect upon the date of
passage.
By-law read a first time this 21st day of May, 2019.
By-law read a second time this 21st day of May, 2019.
By-law read a third time and finally passed this 21st day of May, 2019.
K: JULIE KIRKELOS