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## THE CORPORATION OF THE TOWNSHIP OF MCGARRY
## BY-LAW 2021-04
## BEING A BY-LAW TO PROHIBIT AND REGULATE NOISES WITHIN THE TOWNSHIP OF MCGARRY.
WHEREAS the Council of the Corporation of the Township of McGarry deems it desirable to pass a By-Law to prohibit and regulate unusual noise, or noises likely to disturb the inhabitants of the municipality.
NOW THEREFORE the Council of the Corporation of the Township of McGarry hereby enacts as follows:
1. THAT Council adopts a By-Law to prohibit and regulate noises in the Municipality and that the provisions of the said By-Law are outlined in Schedule "A" hereto attached and forming of the By-Law;
3. THAT this By-Law shall come into force and take effect on January 15, 2021.
2. THAT the application shall be attached to and form Schedule "B" to this ByLaw;
## Part 1 - General Provisions:
## 1.1 Short Title
This By-Law shall be cited as the "Noise By-Law"
## 1.2 Scope
The provisions of this By-Law shall apply to all property within the geography limits of the Township of McGarry except where otherwise provided.
## 1.3 Enforcement
This By-Law shall be enforced by a Municipal By-Law Enforcement Officer, Property Standards Officer or designate, and Peace Officers.
## 1.4 Conflicts with other By-Law
Where a provision of this By-Law conflicts with a provision of another ByLaw in force in the Township of McGarry, the provision that establishes the higher standard in terms of protecting the health, safety and welfare of the general public and the environmental well-being of the municipality, shall prevail to the extent of the conflict.
## Part 2 - Definitions in this By-Law:
- 2.1 "Authorized Emergency Vehicle" includes any ambulance or hearse, any vehicle of the fire department, any vehicle of the municipality, provincial or federal police, any vehicle including snow removal equipment operated by or for the municipality or a public utility company while actively engaged in the construction, maintenance or repair of any highway, or any equipment or facilities thereon and any vehicle or equipment required to address an ongoing or imminent danger to persons or property or any extraordinary response required to mitigate harm to the environment or community.
- 2.2 "Construction" includes erection, alteration, repair, dismantling, demolition, structural maintenance, painting, or moving of any building or structure, the clearing of land, earth moving, grading, excavating, the laying of pipe and conduit whether above or below grade 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.
- 2.3 "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.
- 2.4 "Corporation" means the Corporation of the Township of McGarry.
- 2.5 "Council" means the Council of the Corporation of the Township of McGarry.
- 2.6 "Enforcement Officer" means the person or persons duly appointed by 'ouncil as Municipal Law Enforcement Officers for the purpose of entorci gulatory By-Laws of the municipalit
- 2.7 "Highway" includes a common and public highway, street, road, crescent, avenue, parkway, driveway, square, place, bridge, viaduct or trestle designed and intended for, or used by, the general public for the passage of vehicles.
- 2.8 "Inhabitants" means those person(s) occupying or residing within the municipality.
- 2.9 "Lot Line" means the boundary line between adjoining properties and or the boundary line between a property and a highway, laneway, municipal sidewalk or municipal road allowance.
- 2.10 "Motor Vehicle" includes a truck, automobile, motorcycle, motorized snow vehicle, all-terrain vehicle and any other vehicle propelled or driven otherwise than by muscular power; but does not include a farm tractor or construction equipment.
- 2.11 "Municipality" means the land within the geographic limit of the McGarry Township.
- 2.12 "Noise(s)" means unwanted sound.
- 2.13 "Owner" means and includes: the person for the time being managing or receiving the rent of the land or premises in connection with which the word is used, whether on the person's own account or as an agent or trustee of any other person, or who would so receive the rent.
- 2.14 "Person" means an individual, firm or corporation.
- 2.15 "Point of Reception" means any point on the premises of a person where sound or vibration originating from other than those premises is received.
- 2.16 "Police Officer" means a member of the Ontario Provincial Police Service.
- 2.17 "Zone" means the various areas into which the Municipality is divided into in accordance with the Zoning By-Law.
- 2.18 "Zoning By-Law" means all current By-Laws and amendments thereto and any subsequent By-Laws which may be enacted in substitution therefore under the Planning Act with respect to land use within the Municipality.
## Part 3 - General Prohibitions
- 3.1 No person or owner shall emit, cause or permit the emission of sound, unusual noise, or noises likely to disturb inhabitants, and which sound is clearly audible to a point of reception.
- 3.2 The detonation of fireworks or explosive devices not used in construction is prohibited. Notwithstanding any other provision of the By-Law, this By-Law does not apply to a person who emits, causes, or permits the emission of sound in connection with any traditional or festive activities and events that have been authorized by Council.
- 3.3 The discharge of firearms is prohibited at all times.
- 3.4 The operation of any auditory signalling device, including but not limited to the ringing of bells or gongs and 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 in accordance with good safety practices is prohibited.
- The sounds or noises from or created by any radio or phonograph, public address system, sound equipment, loud speaker, or similar device or devices, or any musical or sound producing instrument of whatever kind, when such device or instrument is played or operated in such a manner or with such volume, as to likely annoy or disturb the peace, quiet, comfort of repose of any individual in any location beyond the Lot Line of the property on which such device or instrument is located, is prohibited.
- 3.6 Any noises caused by loud shouting or excessive sound generated by a human voice such as yelling, hooting, whistling or signing, selling or advertising by shouting or outcry or amplified sound is prohibited.
- Persistent barking, calling or whining or other similar persistent noise making by any domestic pet or any other animal kept or used for any purpose other than agriculture, which is likely to disturb the peace, comfort of any individual is prohibited.
- 3.8 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 is prohibited.
- Loading, unloading, delivering, packing, unpacking or otherwise handling any containers, products, materials, or refuse, whatsoever, unless necessary effechs is preited of essential services or the moving of private household
- 3.10 The grating, grinding, or rattling noises or sounds caused by condition of disrepair or maladjustment of any motor vehicle, or other vehicle, or part or accessory thereof is prohibited.
- .11 The noises created by driving any motor vehicle, or other vehicle bearir laterial, articles or things which are loaded upon such vehicles in such manner as to create such noises is prohibited.
- 3.12 The discharge into the open air of the exhaust of any stationary internal combustion engine or motor vehicle except through a muffler or other device which effectively prevents loud or explosive noises, is prohibited
- 3.13 Between the hour of 11:00 p.m. of any day and 7:00 a.m. of the next following
day, any noise arising from a compression release engine brake and the operation of a compression release engine brake is prohibited.
- 3.14 Between the hour of 11:00 p.m. of any day and 7:00 a.m. of the next following day, Sunday to Saturday and 11:00 p.m. Saturday until 7:00 a.m. Sunday, any noises arising from any construction and the operation of any construction equipment related thereto is prohibited.
- 3.15 Between the hours of 11:00 p.m. of any day and 7:00 a.m. of the next following day, Sunday to Saturday, and 11:00 p.m. Saturday until 7:00 a.m. Sunday, the noises or sounds created by the use or operation of any residential power equipment including lawn and garden maintenance equipment and chainsaws is prohibited.
- 3.16 The noise caused by the erection, demolition, alteration or repair of a building or by construction of earth-moving equipment working upon such site situated within 500 feet of an occupied dwelling house on any day, between the hours of 9:00 o'clock in the evening and 7:00 o'clock in the forenoon of the following day is prohibited.
## Appendix "1"
## Prohibited Period of Time
- A - 23 00 one day to 07 00 next day
- B - All day Sundays and Statutory Holidays
## Part 4 - Exemption
- 4.1 None of the provisions in this By-Law shall apply to any authorized emergency vehicle answering a call or carrying out their duties.
- 4.2 None of the provisions in this By-Law shall apply to any vehicle of the Corporation of the Township of McGarry or their agents working on behalf of the Corporation of the Township of McGarry to perform snow removal, snow plowing or snow cleaning on any Municipal roads and properties or to private contractors or persons performing snow removal, snow plowing or snow cleaning.
- 4.3 None of the provision of this By-Law shall apply to the use in a reasonable manner of any apparatus or mechanism for the amplification of the human voice or of music in a public park or any other commodious space in connection with any public election meeting, public celebration or other lawful gathering, provided that Council of the Corporation has passed a resolution in accordance with Section 5.
- 4.4 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 traditional, festive, religious and other activities.
## Part 5 - Grant of Exemptions by Council
- 5.1 Council may by resolution, upon receipt of written application, grant an exemption to provisions of the By-Law for a specified period of time, not to exceed 6 months, subject to such terms and conditions as considered
## 5.2 . The application shall include:
- a) the name and address of the applicant;
2. a description of the source of the sound in respect of which an exemption is being sought;
3. the period of time for which the exemption is being sought;
- c) a statement of the section of the By-Law for which an exemption is being sought;
- e) the reason why an exemption is being sought.
6. 5.3 In deciding whether to grant the exemption, Council shall give the applicant and any person opposed to the application an opportunity to be heard and may consider such other matters as it sees fit.
7. 5.4 Where an exemption is granted, any breach of the terms or conditions shall render the exemption null and void.
## Part 6 - Penalties
- 6.1 Every person who contravenes any provision of this by-law is guilty of an offence and upon conviction is liable to a fine as provided for by th Provincial Offences Act, R.S.O. 1990, Chapter P.33 as amendec
- 6.2 Where an offence is a continuing offence, each new day that the offence continues shall constitute a separate and distinct offence.
- 6.3 The Court in which conviction has been entered and any court of competent jurisdiction thereafter may make an order prohibiting the continuation or repetition of the offence by the Person convicted, and such order shall be in addition to any penalty imposed and enacted as such.
## Part 7- Enforcement
This By-Law shall be enforced by a Police Officer, Municipal Law Enforcement Officer, Provincial Offences Officer, By-Law Enforcement Officer or any person appointed by the Council of the Corporation of the Township of McGarry.
8. That By-law 2016-49 be repealed
READ THIS FIRST AND SECOND TIME THIS 12TH DAY OF JANUARY, 2021.
READ THIS THIRD TIME AND FINALLY PASSED THIS 12T" DAY OF JANUARY, 2021.
Mattheimer
CLERK TREASURER
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## THE CORPORATION OF THE TOWNSHIP OF MCGARRY
## Appendix "1" of Schedule "A" TO NOISE BY-LAW NO. 2021-04
## PART 1 PROVINCIAL OFFENCES ACT SET FINES
| Item | COLUM 1 Short form wording | COLUMN 2 Provision creating or Defining offence | COLUMN 3 Set fine |
|--------|--------------------------------------------------------|---------------------------------------------------|---------------------|
| 1 | Cause noise | Section 3.1 | $100.00 |
| 2 | Noise caused by horn | Section 3.4 | $100.00 |
| 3 | Noise caused by speaker | Section 3.5 | $100.00 |
| 4 | Noise cause by shouting | Section 3.6 | $100.00 |
| 5 | Noise caused by pet | Section 3.7 | $100.00 |
| 6 | Noise caused by vehicle | Section 3.10 | $100.00 |
| 7 | Noise caused by load improperly secured. | Section 3.11 | $100.00 |
| 8 | Noise caused by engine | Section 3.12 | $100.00 |
| 9 | Noise caused by Compression release brake | Section 3.13 | $100.00 |
| 10 | Noise caused by Construction - during prohibited times | Section 3.14 | $100.00 |
| 11 | Noise caused by Residential power equipment | Section 3.15 | $100.00 |
Note: The general penalty provision for the offences listed above is Section 6.1 of Schedule "A" to By-law No. 2021-01, a certified copy of which has been filed.
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## Schedule "B" Application
Name:
Address:
Description of the source of the sound:
Statement in which an exemption is being sought: \_
Period of time for which the exemption is being sought:
Reason why an exemption is being sought:
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