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THE CORPORATION OF THE MUNICIPALITY OF MACHIN
BY-LAW NUMBER 30-2011
BEING a By-law to Rescind By-law 1059-96
and
BEING a By-law to Prohibit and Regulate Noise
Within the Municipality of Machin
WHEREAS Section 129(a) of The Municipal Act, S.O. 2001, as amended ("the
Act"), allows a municipality to prohibit and regulate with respect to noise,
vibration, odour, dust and outdoor illumination, including indoor lighting that can
be seen outdoors; and
WHEREAS Section 129 (b) of the Act allows a municipality to require the
acquisition of a permit for an exemption to any provision regulated by a by-law
of the municipality with respect to noise, vibration odour, dust and outdoor
illumination and may impose conditions for obtaining, continuing to hold and
renewing the permit; and
WHEREAS Section 425 of the Act allows municipality to pass by-laws providing
that a person who contravenes a by-law of the municipality passed under the Act
is guilty of an offence; and
WHEREAS Section 429 of the Act grants authority to a municipality to establish a
system of fines for offences under a by-law of the municipality passed under the
Act; and
WHEREAS Section 435 of the Act sets out the conditions applying to the exercise
of a power of entry of a municipality under the Act; and
WHEREAS Section 436 of the Act grants a municipality the power to pass by-laws
providing that the municipality may enter on land at any reasonable time for the
purpose of carrying out an inspection to determine compliance with: 1) a by-law
of the municipality passed under the Act; 2) a direction or order of the
municipality made under the Act or made under a by-law of the municipality
passed under the Act; 3) a condition of a license issued under a by-law of the
municipality passed under the Act; or 4) an order made under Section 431 of the
Act, and
WHEREAS the Council of The Corporation of the Municipality of Machin having
deemed there to be a need to prohibit and regulate noise within the Municipality;
By-Law 30-11
Page 2
NOW THEREFORE, THE COUNCIL OF THE CORPORATION OF THE
MUNICIPALITY OF MACHIN ENACTS AS FOLLOWS:
1.0
Definitions
For the purposes of this By-law the following words or terms shall have
the definitions associated therewith.
Paragraph
Number
Word/Term
Definition
1.1
Animal
Any member of the animal kingdom,
other than a human.
1.2
Audio Device
Any radio, television, stereo or musical-
sound-producing instrument or device of
any kind.
1.3
Corporation
The Corporation of the Municipality of
Machin
1.4
Council
The Council of The Corporation of the
Municipality of Machin
1.5
Compression
Brake(s)
The system that vehicles use to modify
the engine valve operation to use engine
compression to slow the vehicle, and
when engaged typically produces a loud
chattering or machine gun noise. Also
known as "engine retarder brakes",
compression release engine brake
system", and "Jake Brakes."
1.6
Construction
The erection, alteration, repair,
dismantling, demolition, structural
maintenance and painting of any
structure; moving, land clearing, earth
moving, grading, and excavation; blasting
and detonation of explosive devices other
than fireworks; the laying of pipe and
conduit whether above or below ground
level, street and highway building,
concrete and asphalt laying; equipment
installation and alteration and the
structural installation of construction
components and materials in any form or
for any purpose, including any associated
or related work and/or equipment.
1.7
Enforcement
Officer
An Animal Control Officer, a Municipal
Law Enforcement Officer, a By-law
Enforcement Officer, the By-law
Enforcement Officer/Clerk-Treasurer, or
other person appointed or employed by
the Corporation to enforce By-laws, or a
Police Officer.
1.8
Motor Vehicle
Any automobile, motorcycle, and any
other conveyance propelled or driven
otherwise than by muscular, gravitational
or wind power.
By-Law 30-2011
Page 3
1.9
Municipality
The Corporation of the Municipality of
Machin and all lands associated therewith.
1.10
Noise
Any unwanted and unwarranted sound or
vibration (also see "unwarranted").
1.11
Point of Reception
Any point outside of the originating
location of a sound where the sound is
clearly audible, and may include another
structure, parcel of land, or highway.
1.12
Signal Device
Any bell, horn, siren and any other device
used to amplify a sound.
1.13
Special
Event(s)
Any demonstration, parade, sporting
event, festival, carnival, midway, street
dance, block party, and any other
function that Council deems to be a
Special Event.
1.14
Statutory
Holiday
Any holiday proclaimed as a Statutory
Holiday or Public Holiday by the
Government of the Province of Ontario or
the Government of Canada, including but
not limited to: New Years Day (January
1st), Family Day (third Monday in
February), Good Friday (Friday before
Easter Sunday), Victoria Day (Monday
preceding May 25th), Canada Day (July
1st), Labour Day (first Monday in
September), Thanksgiving Day (second
Monday in October), Remembrance Day
(November 11th), Christmas Day
(December 25th), Boxing Day (December
26th).
1.15
Timber Industry
Operations
Any work, including any equipment
required to carry out such work.
1.16
Transmitting Device
Any drum, horn, bell, radio or mechanical
loudspeaker, amplified or other
instrument or device or sound-producing
instrument or apparatus.
1.17
Unwarranted
With respect to noise within the
Municipality any noise which
unnecessarily disturbs the peace, quiet,
comfort or repose of residents of the
Municipality.
2.0
Interpretation
2.1
This By-law may be cited as the "Noise Control By-law."
2.2
All reference made to the male gender shall include the female gender and
all reference made to the singular shall include the plural where applicable
in this By-law.
2.3
All defined words in Section 1.0 are intended to reflect all possible forms
of the word as required by this By-law.
By-Law 30-2011
Page 4
3.0
General Prohibitions
3.1
No person shall emit, cause, or permit the emission of an Unwarranted
Noise at any time when the Noise emitted is clearly audible at a Point of
Reception resulting from:
a)
The sounding of any Audio Device, Signal Device or Transmitting
Device;
b)
Persistent barking, calling, whining or other similar persistent noise-
making by any domestic animal or pet, or any other animal other
than those animals used for agricultural purposes;
c)
The detonation of fireworks;
d)
The use of compression brakes.
4.0
Prohibitions By Time
4.1
No person shall emit, cause or permit the emission of any Unwarranted
Noise not otherwise specified in this By-law between the hours of 11:00
p.m. and 7:00 a.m. Monday through Friday.
4.2
No person shall emit, cause or permit the emission of any Unwarranted
Noise not otherwise specified in this By-law between the hours of 1:00 a.m.
and 6:00 a.m. on a Saturday.
4.3
No person shall emit, cause or permit the emission of any Unwarranted
Noise not otherwise specified in this By-law between the hours of 1:00 a.m.
and 6:00 a.m. on a Sunday or Statutory Holiday.
4.4
No person shall emit, cause or permit the emission of any Unwarranted
Noise created by the use or operation of any Audio Device, Signal Device
or Transmitting Device for the purpose of advertising or for attracting
attention to any performance, show, sale or display of goods, ware or
merchandise between the hours of 11:00 p.m. to 7:00 a.m. if the Noise is
clearly audible at a Point of Reception.
4.5
No person shall emit, cause or permit the emission of any Unwarranted
Noise resulting from the act of construction or the use of construction
equipment between the hours of 11:00 p.m. to 7:00 a.m. Sunday through
Friday, or between the hours of 11:00 p.m. to 7:00 a.m. on a Saturday or
the day preceding a Statutory Holiday. (See Schedule "A")
5.0
Exemptions
5.1
The provisions of this By-law do not apply to Noises caused by:
a)
The use, in a reasonable manner, of any Transmitting Device or
Audio Device for the amplification of human voice or of music in a
public park during any public celebration or religious service, or
during any other gathering provided that prior written permission
for the Noise is obtained from the Clerk-Treasurer, including, but
not necessarily limited to:
i)
Canada Day celebrations (including fireworks), concerts,
parades, carnivals, midways, ceremonial drumming, and
any Special Events set out by Council.
By-Law 30-2011
Page 5
b)
Any motor vehicle of the Police or Fire departments or any
Ambulance or other emergency vehicle, or any motor vehicle of the
Corporation while answering a call or while participating in any
event;
c)
Emergency works conducted by or on behalf of the Corporation,
including but not necessarily limited to excavation, construction,
installation, alteration, relocation, repair or demolition of buildings,
structures, public facilities or utilities; or
d)
The operation of street sweepers, snow clearing or removal
equipment, or maintenance machines and equipment by or on
behalf of the Corporation.
e)
The use or operation of any equipment, machines or facilities
associated with timber industry operations or the noise produced
from or associated with timber industry operations.
5.2
Notwithstanding any provision of this By-law, any person may make
application to Council to be granted an exemption from any provision of
this By-law with respect to any Noise he intends to emit, cause or permit
to emit, for which he would otherwise be liable to a penalty as provided for
under this By-law, and Council may, by Resolution:
Grant the requested exemption;
Refuse to grant the requested exemption; or
Grant an exemption of lesser effect.
Any exemption granted by Council shall not exceed a period of six months,
and shall specify the time period during which the exemption is in force.
Council may impose such terms and conditions on the exemption as it
deems appropriate. All decisions with respect to the granting of
exemptions made by Council shall be deemed final.
5.3
Every request for an exemption to any provision of this By-law shall be
made in accordance with Section 5.2, and shall be submitted to Council not
less than thirty days prior to the date for which the exemption is requested.
Every request for an exemption made to Council shall be made in writing
and shall contain the following information:
The name and address of the applicant;
The address or location for which the exemption is requested;
A description of the source of the noise in respect of which the
exemption is sought;
The time(s) during which the noise will be produced;
The period of time, not to exceed six months, for which the
exemption is requested; and
Written proof of concurrence from neighbouring property owners
and those individuals that may be affected by such exemption.
5.4
No person shall breach any requirement, condition, or other Council-
imposed terms of an exemption granted by Council. Such a breach shall
render the exemption null and void and the person to whom the exemption
was granted shall be guilty of an offence and liable to a penalty as provided
for under this By-law.
By-Law 30-2011
Page 6
6.0
Enforcement, Offence and Penalty
6.1
This By-law shall be enforced using the powers granted to municipalities
under Part XIV of the Municipal Act, including sections 435 and 436.
6.2
Every person who contravenes any provision of this By-law is guilty of an
offence and, if convicted, is liable to a fine as provided for in the Provincial
Offences Act, R.S.P. 1990, c. P. 33.
6.3
The Municipality shall make application to the Ministry of the Attorney
General of Ontario for approval of Short Form Wordings and Set Fines in
accordance with the Set Fine Schedule approved by Resolution of Council,
and such fines shall come into effect upon the approval or amendment by
the Attorney General of Ontario or his designate.
6.4
Staff shall be authorized to make changes to the By-law or Set Fine
Schedule without amendment to the By-law or Resolution of Council, if so
recommended by the Attorney General or his designate in order for the Set
Fines to be approved.
6.5
Council may, by Resolution, amend the Set Fines under this By-law at any
time. Any amendment made to the Set Fines by Resolution of Council will
come into force upon approval of the Attorney General or his designate.
7.0
Severability
7.1
If any provision or part of a provision of this By-law is declared by any court
or tribunal of competent jurisdiction to be illegal or inoperative, in whole
or in part, or inoperative in particular circumstances, the balance of the By-
law or its application in any other circumstances, shall not be affected and
shall continue to be in full force and effect.
8.0
Effective and Expiry Date
This By-law shall come into force and take effect upon approval by the
Attorney General or his designate of the Set Fines established under this
By-law.
READ a FIRST time this 11th day of July, 2011.
READ a SECOND and THIRD time, and FINALLY passed this 12th day of December, 2012
THE CORPORATION OF
THE MUNICIPALITY OF MACHIN
Gord Dingman, Mayor
Tammy Rob, Clerk-Treasurer
By-law No. 30-2011 - Schedule "A"
Prohibitions Summarized (As per Sections 3.0 and 4.0)
Section
Activity
Prohibited Period of Time
3.1(a)
The sounding of any Audio Device, Signal
Device or Transmitting Device that is
Unwarranted and clearly audible at a Point
of Reception
At all time
3.1(b)
Persisting barking, calling, whining, or
other similar persistent noise-making by any
domestic animal or pet, or any other animal
other than those animals used for
agriculture purposes that is Unwarranted
and clearly audible at a Point of Reception.
At all times
3.1(c)
The detonation of fireworks that is
Unwarranted and clearly audible at a Point
of Reception.
At all times
3.1(d)
The use of compression brakes that is
Unwarranted and clearly audible at a Point
of Reception.
At all times
4.1
Any Unwarranted Noise not otherwise
specified in this By-Law.
11:00pm. to 7:00am.
Monday through Friday
4.2
Any Unwarranted Noise not otherwise
specified in this By-Law.
1:00am to 7:00am
Saturday
4.3
Any Unwarranted Noise not otherwise
specified in this By-Law.
1:00am to 9:00pm
Sunday or Statutory Holiday
4.4
The noise created by the use or operation of
any Audis Device, Signal Device or
Transmitting Device for the purpose of
advertising or for attracting attention to
any performance, show, sale or display of
goods, ware or merchandise that is
Unwarranted and clearly audible at a Point
of Reception
11:00pm to 7:00am.
4.5
The engaging in construction and /or the
use of construction equipment that is
Unwarranted and clearly audible at a Point
of Reception.
11:00 to 7:00am
Sunday through Friday
11:00 to 9:00 on a Saturday
or the day preceding a
Statutory Holiday
Specifically:
Sun 11:00pm -Mon.7:00am
Mon. 11:00pm-Tues. 7:00am
Tues 11:00p.m-Wed. 7:00am
Wed 11:00pm-Thurs 7:00am
Thurs 11:00p.m-Fri. 7:00am
Fri. 11:00pm-Sat. 7:00a.m
Sat. 11:00p.m. - Sun.
9:00a.m.
The day preceding a Statutory
Holiday 11:00p.m-9:00 on the
Statutory Holiday
CORPORATION OF THE MUNICIPALITY OF MACHIN
BY-LAW NO. 30-2011 - NOISE CONTROL BY-LAW
PART 1 OF THE PROVINCIAL OFFENCES ACT
Item No.
Column 1 - Short Form Wording
Column 2 - Provision Creating or Defining Offence
Column 3 - Set Fine
1
Emit, cause or permit unwarranted sounding of Audio, Signal, or
Transmitting Device
3.1 (a)
$100.00
2
Emit, cause, or permit persistent domestic animal/pet noises
3.1 (b)
$125.00
3
Emit, cause, or permit noise from the detonation of fireworks
3.1 (c)
$250.00
4
Use of or cause or permit noise from the use of compression brakes
3.1 (d)
$150.00
5
Emit, cause or permit unwarranted noises on Monday through Friday
between 11:00 p.m. and 7:00 a.m.
4.1
$150.00
6
Emit, cause or permit unwarranted noises on Saturday between 1:00
a.m. and 6:00 a.m.
4.2
$150.00
7
Emit, cause or permit unwarranted noises on Sundays and Statutory
Holidays between 1:00 a.m. and 6:00 a.m.
4.3
$150.00
8
Emit, cause or permit use of Audio, Signal or Transmitting Device for
advertising between 11:00 p.m. and 7:00 a.m.
4.4
$100.00
9
Emit, cause or permit unwarranted noises related to construction
between 11:00 p.m. and 7:00 a.m.
4.5
$200.00
10
Permit or breach of terms of exemption
5.4
$150.00
Note: The penalty provision for the offences indicated above is Section 6.2 of By-law 30-2011 a certified copy of which has been filed.