Noise By-law No. 10-1690 — full text

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## THE CORPORATION OF THE TOWNSHIP OF MACDONALD, MEREDITH ## & ABERDEEN ADDITIONAL BY-LAW #10-1690 ## BEING A BY-LAW TO CONTROL NOISES ## WHEREAS: 1. The making, creation or maintenance of excessive and unreasonable noise within The Corporation of the Township of Macdonald, Meredith & Aberdeen Additional (the "municipality") affects and is a detriment to public health, comfort, convenience, safety and welfare of the people of the municipality; 2. It is in the public interest to reduce the noise level within the municipality, so as to preservan proteco, ad promote the public health, safety, welfare and peace and quiet of the 3. The Council has authority under s. 129 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, to pass this by-law. Now THEREFORE, the Council of The Corporation of the Township of Macdonald, Meredith & Aberdeen Additional hereby enacts as follows: ## 1. Interpretation ## (1) In this by-law, "construction equipment" means any equipment or device designed and intended for use in construction or material 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; "construction work" includes, but is not limited to, 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 with construction; "conveyance" includes a vehicle and any other device employed to transport a person (c) or persons or goods from place to place; (d) "Council" means the Council of The Corporation of the Township of Macdonald, Meredith & Aberdeen Additional; "highway" includes a common and public highway, street, avenue, parkway, driveway, square, place, bridge, viaduct or trestle, any part of which is designed and intended for or used by the general public; Township of Macdonald, Meredith & Aberdeen Additional; "inhabitants" means one or more persons who reside in The Corporation of the "motor vehicle" includes an automobile, motorcycle, motor assisted bicycle and any other vehicles propelled or driven other 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, R.S.O. 1990, c. H.8, as amended; "motorized conveyance" means a conveyance propelled or driven by other than muscular, gravitational or wind power; "motorized equipment" means any equipment or device that contains an engine or motor essential to the basic function of such equipment or device; Township of Macdonald, Meredith, & Aberdeen Additional; "municipality" means the land within the geographic limit of The Corporation of the (k) "noise" means unwanted sound; "owner" includes: (1) (i) the person who for the time being manages or receives the rent for the land or premises in connection with which the word is used, whether on the person's own account or as agent or trustee of any other person, or who would receive the rent if the land and premises were let; and (i) a lessee or occupant of the property; (m) "point of reception" means any point on the premises of a person where noise originating from other than those premises is received; (n) "power device" means any powered device used in the servicing, maintenance or repair of any property, excluding devices driven by muscular power and snow appurtenant to the building or structure, all mobile homes, mobile buildings or (o) "property" means a building or structure or part of a building or structure, the lands mobile structures and includes vacant land; and human habitation. residential use by an applicable zoning by-law or which is used in whole or in part for (p) "Residential Area" means any property within the municipality which is zoned for ## 2. Prohibitions (1) No person shall emit, cause or permit the emission of sound which is clearly audible at a point of reception anywhere within the municipality resulting from any of the following acts: (a) the racing of any motorized conveyance other than in a racing event regulated by law; the operation of a motor vehicle in such a way that the tires squeal; pneumatic device without an effective exhaust, intake-muffling device or other sound the operation of a motor vehicle, motorized equipment, construction equipment or order, and in constant operation; attenuation device of a type specified by the manufacturer, which is in good working the operation of a vehicle or a vehicle with a trailer resulting in banging, clanking, squealing or other like sound due to improperly secured load or equipment or inadequate maintenance; the operation of a motor vehicle horn or other warning device except where required or authorized by law or in accordance with good highway traffic safety practices; the operation of any electronic device incorporating one or more loudspeakers or amplification of sound except in connection with any public election meeting, public other electro-mechanical transducers intended for the production, reproduction or celebration or other reasonable gathering that has first obtained an exemption from the Council pursuant to section 5 hereof; and any domestic pet or any other animal kept or used for any purpose other than (g) the persistent barking, calling, whining or other similar persistent noise making by agriculture. 11:00 p.m. and 7:00 a.m., both inclusive, resulting from any of the following acts: (a) the detonation of fireworks or explosives not used in construction; the operation of a combustion engine which is in or is used in or is intended for use other than amusement and which is not a conveyance; in a toy or a model or replica of any device which model or replica has no function the operation of any auditory signaling device including but not limited to the ringing of bells or gongs or 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 exempted by Council; (d) yelling, shouting, hooting or whistling in a manner likely to disturb and inhabitant; loading, unloading, delivering, packing, unpacking or otherwise handling any containers, product materials or refuse unless necessary for the maintenance of essential services or moving of private household effects: - (f) the operation of any motorized equipment except in a case of short term emergency; (8) the peteep at ase dester tray me er domestic purposes other than snow  ## (h) construction work. ## 3. Limitations (1) No person shall operate an engine or motor in or on any motorized conveyance or attached auxiliary equipment for a continuous period exceeding five minutes while it is stationary in a Residential Area unless: refuse compactors; (a) the operation of such engine or motor is essential to the basic function of the motorized conveyance or equipment including, but not limited to, lift platforms and starting the motor or engine; or prevailing low temperatures make longer idling periods necessary immediately after (b) circulation systems for seasonal change of antifreeze, cleaning of the fuel system or the idling is for the purpose of cleaning and flushing the radiator and associated carburetor when such work is performed other than for profit. 4. Application of strictest standard Where a source of sound is subject to more than one provision of this by-law, the most restrictive provision shall prevail. 5. Exemptions (1) Despite any other provision of this by-law, it shall be lawful for the municipality, the Province of Ontario, the Government of Canada or any of their authorized agents, to emit, cause or permit the emission of sound in connection with measures undertaken for the: (a) immediate health, safety or welfare of the inhabitants of the municipality; or (b) preservation, restoration or demolition of any highway. (2) Despite anything contained in this by-law, any person may, no later than sixty (60) days prior to the date of which an exemption is being requested, make application to the Council for an exemption from any of the provisions of this by-law. (3) The application in subsection 5(2) of this by-law shall be made in writing, accompanied with the required fee and shall contain: (a) the name and address of the applicant; (b) the location of the event or activity for which the exemption is sought; a statement of the particular provision or provisions of the by-law from which (c) a description of the source of sound for which the exemption is sought; exemption is sought; (e) the period of time, of a duration not in excess of six (6) months, for which the exemption is sought; the reasons why the exemption should be granted; and (f (g) a statement of the steps, if any, planned or presently being taken to bring about compliance with this by-law. (4) The Clerk Administrator of the municipality shall, at the applicant's expense, cause a notice of the application to be published in a newsletter of general circulation within the municipality at least ten (10) days prior to the meeting of the Council at which the application will be considered. (6) The Council may, by resolution, refuse to grant the exemption or may grant the (5) The notice referred to in subsection 5(4) of this by-law shall contain the information required by subsection 5(3) of this by-law and shall indicate the date upon which it is intended that the application will be considered by the Council. exemption applied for or any exemption of lesser effect. Any exemption granted shall specify the and conditions as the Council sees fit. time period, not in excess of 180 days, during which it is effective and may contain such terms 6. Breach A breach by the applicant of any of the terms or conditions of an exemption granted by the Council or the failure of the applicant to pay any required fee shall render the exemption null and ## 7. Offence Every person who contravenes any provision of this by-law is guilty of an offence and, on conviction, is liable to a fine of not less than $100.00 nor more than $1,000.00 for a first offence and not less than $200.00 nor more than $1,000.00 for a second offence and not less than $300.00 nor more than $1,000.00 for a third or subsequent offence, exclusive of costs and every such fine is recoverable under the Provincial Offences Act, R.S.O. 1990, c. P.33, as amended. 8. Severability Each clause of this by-law is an independent clause and the holding of any clause or part of other clause of parts of any clause. any clause to be void or ineffective for any cause shall not be deemed to affect the validity of any 9. Rescission of By-Law No. 695A The enactment of this By-Law rescinds By-Law #695A. READ a first and second time this 18% day of May, 2010 Sepne, Ruguay ## CLERK ADMINISTRATOR Wala ## MAYOR READ a third time in open Council and enacted this 1st day of June, 2010 ## Part I - PROVINCIAL OFFENCES ACT ## 'HE CORPORATION OF THE TOWNSHIP OF MACDONALD, MEREDITH & ABERDEEN ADDITIONAL - By-Law 10 -1690 'ITLE: A BY-LAW TO CONTROL NOISES !1. | TEM | COLUMN 1 SHORT FORM WORDING | COLUMN 2 Offence Creating Provision or Defining Offence | COLUMN 3 Set Fine (including costs) | |-------|-------------------------------------------------------------------------|-----------------------------------------------------------|---------------------------------------| | | Cause Noise - racing a motorized conveyance | Sec. 2(1) (a) | $105.00 | | | Permit Noise - racing a motorized conveyance | Sec. 2(1) (a) | $105.00 | | | Cause Noise - squealing tires | Sec. 2(1) (b) | $105.00 | | | Permit Noise - squealing tires | Sec. 2 (1) (b) | $105.00 | | | Cause Noise - operate motor vehicle without effective muffler | Sec. 2 (1) (c) | $105.00 | | | Permit Noise - operate motor vehicle without effective muffler | Sec. 2 (1) (c) | $105.00 | | | Cause Noise - operate motorized equipment without effective muffler | Sec. 2(1) (c) | $105.00 | | | Permit Noise - operate motorized equipment without effective muffler | Sec. 2(1) (c) | $105.00 | | 1. | Cause Noise - operate construction equipment without effective muffler | Sec. 2 (1) (c) | $105.00 | | 0. | Permit Noise - operate construction equipment without effective muffler | Sec. 2 (1) (c) | $105.00 | | 1. | Cause Noise - operate pneumatic device without effective muffler | Sec. 2 (1) (c) | $105.00 | | 2. | Permit Noise - operate pneumatic device without effective muffler | Sec. 2 (1) (c) | $105.00 | | 3. | Cause Noise - operate vehicle causing noise | Sec. 2 (1) (d) | $105.00 | | 4. | Permit Noise - operate vehicle causing noise | Sec. 2 (1) (d) | $105.00 | | 5. | Cause Noise - operate vehicle and trailer causing noise | Sec. 2 (1) (d) | $105.00 | | 6. | Permit Noise - operate vehicle and trailer causing noise | Sec. 2 (1) (d) | $105.00 | | 7. | Cause Noise - operate horn unnecessarily | Sec. 2(1) (e) | $105.00 | | 8. | Permit Noise - operate horn unnecessarily | Sec. 2(1) (e) | $105.00 | | 9. | Cause Noise - operate warning device unnecessarily | Sec. 2 (1) (e) | $105.00 | | :0. | Permit Noise - operate warning device unnecessarily | Sec. 2 (1) (e) | $105.00 | | | Cause Noise - operate loudspeaker | Sec. 2 (1) (f) | $105.00 | | | COLUMN 1 SHORT FORM WORDING | COLUMN 2 Offence Creating Provision or Defining Offence | COLUMN 3 Set Fine (including costs) | |------|--------------------------------------------------|-----------------------------------------------------------|---------------------------------------| | 2. | Permit Noise - operate loudspeaker | Sec. 2 (1) (+) | $105.00 | | 3. | Permit Noise - noise caused by domestic animal | Sec. 2(1) (g) | $105.00 | | 4. | Cause Noise - detonation of fireworks | Sec. 2(2) (a) | $105.00 | | 5. | Permit Noise - detonation of fireworks | Sec. 2 (2) (a) | $105.00 | | 6. | Cause Noise - detonation of explosives | Sec. 2(2) (a) | $105.00 | | 7. | Permit Noise - detonation of explosives | Sec. 2(2) (a) | $105.00 | | 8. | Cause Noise - operate a model combustion engine | Sec. 2 (2) (b) | $105.00 | | 9. | Permit Noise - operate a model combustion engine | Sec. 2 (2) (b) | $105.00 | | 0. | Cause Noise - operate auditory signaling device | Sec. 2 (2) (c) | $105.00 | | 1. | Permit Noise - operate auditory signaling device | Sec. 2 (2) (c) | $105.00 | | 2. | Cause Noise - yelling | Sec. 2 (2) (d) | $105.00 | | | Permit Noise - yelling | Sec. 2 (2) (d) | $105.00 | | 4. | Cause Noise - shouting | Sec. 2 (2) (d) | $105.00 | | | Permit Noise - shouting | Sec. 2 (2) (d) | $105.00 | | 6. | Cause Noise - hooting | Sec. 2 (2) (d) | $105.00 | | 7. | Permit Noise - hooting | Sec. 2 (2) (d) | $105.00 | | 8. | Cause Noise - whistling | Sec. 2 (2) (d) | $105.00 | | | Permit Noise - whistling | Sec. 2 (2) (d) | $105.00 | | -0. | Cause Noise - handling of materials | Sec. 2 (2) (e) | $105.00 | | 1. - | Permit Noise - handling of materials | Sec. 2 (2) (e) | $105.00 | ## Part I - PROVINCIAL OFFENCES ACT ## "HE CORPORATION OF THE TOWNSHIP OF MACDONALD, MEREDITH & ABERDEEN ADDITIONAL - By-Law 10 - 1690 'ITLE: A BY-LAW TO CONTROL NOISES ## Part | - PROVINCIAL OFFENCES ACT ## 'HE CORPORATION OF THE TOWNSHIP OF MACDONALD, MEREDITH & ABERDEEN ADDITIONAL - By-Law 10-1690 'ITLE: A BY-LAW TO CONTROL NOISES | | COLUMN 1 SHORT FORM WORDING | COLUMN 2 Offence Creating Provision or Defining Offence | COLUMN 3 Set Fine (including costs) | |-----|------------------------------------------------------------------------------------------------------------------------|-----------------------------------------------------------|---------------------------------------| | 2. | Cause Noise - operate motorized equipment | Sec. 2 (2) (t) | $105.00 | | mri | Permit Noise - operate motorized equipment | Sec. 2(2) (f) | $105.00 | | 4. | Cause Noise - operate tool for domestic purpose | Sec. 2(2) (g) | $105.00 | | | Permit Noise - operate tool for domestic purpose | Sec. 2 (2) (g) | $105.00 | | 6. | Cause Noise - construction work | Sec. 2(2) (h) | $105.00 | | | Permit Noise - construction work | Sec. 2 (2) (h) | $105.00 | | 8. | Cause Noise - operate engine of motorized conveyance in excess of five minutes while stationary in Residential Area | Sec. 3 (1) | $105.00 | | 9. | Permit Noise - operate engine of motorized conveyance in excess of five minutes while stationary in a Residential Area | Sec. 3(1) | $105.00 | 'he penalty provisions for the offences indicated above is section 7 of By-Law No. 10-1690, a certified copy of which has been filed.