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THE CORPORATION OF THE TOWNSHIP OF McNAB/BRAESIDE
BY-LAW NO. 2011-47
Being a By-Law to Control Noise
________________________________________________
WHEREAS under Section 129 of the Municipal Act, Chap M.45 2001, as amended, councils of
local municipalities may pass by-laws prohibiting or regulating noise within the whole of the
municipality or within certain defined areas;
AND WHEREAS it is recognized that people have a right to and should be provided to the extent
possible, an environment free from unusual, unnecessary, or excessive noise or vibration which may
unreasonably degrade the quality and tranquillity of their life or cause nuisance;
AND WHEREAS it is the policy of the Council to reduce and control such sound or vibration;
NOW THEREFORE the Council of the Corporation of the Township of McNab / Braeside , enacts
as follows:
1.
DEFINITIONS: In this By-law, unless the context otherwise requires;
Agriculture - means the practice of cultivating the soil or the keeping/raising of animals;
Air Conditioner - includes an air conditioner, a fan, a heat pump or other similar device;
Auxiliary Equipment - means any device, attachment, delivery body or apparatus attached
to a motor vehicle, either permanently or temporarily, for the purpose of
1) hauling property, vehicles or animals or
2) preserving perishable cargo through the use of heating or refrigerating systems;
By-law Enforcement Officer - means a person so appointed by the Municipality under the
Police Services Act;
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, the
manufacturing of material used for highway construction, pouring 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 therewith;
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 a building;
Construction Equipment - means any non-domestic equipment, tool, device or motorized
conveyance designed and intended for use in construction or demolition, automotive repair
or material handling, including but not limited to, air compressors, pile drivers, pneumatic
or hydraulic tools, bulldozers, tractors, excavators, trenchers, cranes, derricks, drills, loaders,
scrapers, pavers, generators, off-highway haulers or trucks, ditchers, compactors and rollers,
pumps, concrete mixers, graders or other material handling equipment;
Council - means the Council of the Corporation of the Township of McNab/Braeside;
Emergency Vehicle - means a police motor vehicle, ambulance, fire truck or other vehicle
responding to an emergency call pursuant to a statutory duty;
Fire Chief - means the person so appointed by the Council of the Corporation of the
Township of McNab/Braeside ;
Inhabitants - means any owner, tenant, occupier or licensee of real property within the
Township of McNab / Braeside ;
By-Law 2011-47
Noise Control
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Intermittent - means to cease for a time or to occur at intervals;
Leisure Vehicle - means any all all-terrain vehicle or snowmobile;
Motor Vehicle - includes an automobile, motorcycle, and any other vehicle propelled or
driven otherwise than by muscular power; but does not include all-terrain vehicles,
snowmobiles, other vehicles running only upon rails, construction equipment, farm tractor
or a self-propelled implement of husbandry;
Motor Conveyance - means a conveyance propelled or driven other than by muscular,
gravitational or wind power;
Municipality - means the land within the geographic limit of the Corporation of the
Township of McNab / Braeside;
Person - includes any physical or corporate entity, partnership or any association and the
heirs, executors, administrators, successors and assigns or other legal representative thereof
to whom the context may apply;
Point of Reception - means any point on the premises of a person where sound or vibration
originating from other than those premises is received;
Residential Area - means all properties within the Corporation of the Township of McNab
/Braeside zoned Residential, Rural Residential or Limited Service Residential under the
Zoning By-law, as amended;
Rural Area - means all properties within the Corporation of the Township of McNab/
Braeside zoned Rural Area and/or Agriculture under the Zoning By-law, as amended;
Solid Waste Bulk Lift - means a vehicle designated to load, unload and transport containers
for handling refuse;
Township - means the Corporation of the Township of McNab /Braeside ;
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)
The operation of any engine or pneumatic device without an effective exhaust
muffling device in good working order and in constant operation .
b)
The operation of a motor vehicle or an engine so as to cause excessive motor
revving, squealing of tires or other sounds that cause a disturbance.
c)
The operation of an engine or motor vehicle or item of attached auxiliary equipment
for a continuous period exceeding five minutes, while such vehicle is stationary in
a residential area, unless:
(i)
the vehicle is in an enclosed structure constructed so as to effectively prevent
excessive noise emission; or
ii)
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
iii)
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, or refuse compactors and heat exchange
systems during normal operation; or
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iv)
weather conditions justify the use of heating or refrigerating systems
powered by the motor engine for the preservation of perishable cargo or for
the safety and welfare of the operator, passengers or animals; or
v)
prevailing low temperatures make longer idling periods necessary,
immediately after starting the motor or engine; or
vi)
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, carburettor or the like, when such work is performed other
than for profit; or
vii)
the operation of such motor is essential to maintain radio and computer
equipment for police, ambulance, fire vehicles and other emergency vehicles.
d)
The operation of a motor vehicle horn or other warning device except where required
or authorized by law, or in accordance with good safety practice;
e)
The operation of any item of construction equipment that is without effective
muffling devices.
3.
PROHIBITIONS BY TIME AND PLACE
No person shall emit, cause or permit the emission of a sound resulting from any act listed below
if clearly audible at a point of reception in a Rural Area or Residential Area in a prohibited period
of time. Prohibited periods of time are as follows:
A
23 00 one day to 07 00 next day (09 00 Sundays)
B
19 00 one day to 07 00 next day (09 00 Sundays)
C
23 00 one day to 07 00 next day (09 00 Sundays)
D
All day Sundays and Statutory Holidays
E
19 00 one day to 07 00 next day
F
21 00 one day to 07 00 next day
Residential
Rural
Area
Area
(a)
The detonation of fire-works except those authorized by the Fire
Chief and explosive devices except those in connection with
construction activities
At Any
Time
At Any
Time
(b)
the discharge of firearms except when discharged for the protection
of livestock
At Any
Time
N/A
(c)
the operation of a combustion engine, that is used in, or is intended
for use in a toy or a model or replica of a larger device, which model
or replica has no function other than amusement and which is not a
conveyance
At Any
Time
N/A
(d)
The operation of any electronic device or group of connected
electronic devices incorporating one or more loudspeakers or other
Electro-mechanical transducers, and intended for the production,
reproduction or amplification of sound
C
C
(e)
The operation of any auditory signalling device, including but not
limited to: the ringing of bells or gongs, the blowing of horns,
sirens or whistles, or the production or reproduction of the
amplification of any similar sounds by electronic means, except
where required or authorized by law or in accordance with good
safety practices.
D & E
D & E
(f)
The operation of any motorized conveyance other than on a
highway or other place intended for its operation including
snowmobiles, all-terrain vehicles and off-road motorcycles
B
N/A
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(g)
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
A
(h)
Persistent barking, whining, calling, crowing or other similar
persistent noise by any domestic animal or bird
A
A
(i)
The operation of commercial car wash air drying equipment.
D & E
D & E
(j)
Yelling, shouting, hooting, whistling or singing.
A
A
(k)
All selling or advertising by shouting or outcry or amplified sound
D & E
D & E
(l)
Loading, unloading, delivery, packing, unpacking or otherwise
handling any containers, products, materials or refuse whatsoever,
unless necessary for the maintenance of essential services or the
moving of private household effects.
D & E
N/A
(m)
The manufacturing of construction material or the operation of
any construction or manufacturing equipment in connection with
construction or any construction related activity, including those
activities that use explosive devices.
D & F
D & F
(n)
The operation of any powered or non-powered tool for domestic
purposes other than snow removal.
B
N/A
(o)
The operation of a solid waste bulk lift or refuse compacting
equipment.
B
B
4.
OUTDOOR PATIOS
Outdoor patios are subject to noise restrictions between the hours of 12:00 a.m. (midnight) and 7:00
a.m.
5.
EMERGENCY EXEMPTIONS
Notwithstanding any other provision of this by-law, it shall be lawful during an emergency to emit
or cause to permit the emission of sounds or vibrations in connection with emergency measures;
(a)
for the immediate health, safety or welfare of the inhabitants;
(b)
for the preservation or restoration of services and 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
6.
OTHER EXEMPTIONS
It shall be lawful to permit the emission of sounds or vibrations in connection with those activities
listed below:
(a)
Any parade authorized by Council;
(b)
Use of bells or chimes normally associated with church or school activities;
(c)
Any carnival, midway, circus, sporting event, recreational, musical, entertainment,
festival or other event authorized by Council;
(d)
Any sporting, recreational, musical, entertainment, festival, or other event or
performance, in a municipal park, on a municipal road, or any other place, provided
the specific written permission of Council has been obtained;
(e)
The detonation of fireworks authorized by the Fire Chief;
(f)
All sounds normally associated with farming operations as governed by the Farming
and Food Production and Promotion Act including animal sounds, the operation of
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farm equipment and machinery, providing that animals are kept under normal farm
practices and providing reasonable maintenance of machinery and equipment inhibits
noise according to manufacturer's specifications;
(g)
Authorized non-emergency work carried out by or on behalf of the Township unless
such noise emission is of a longer duration or a nature more disturbing, than is
reasonable necessary;
(h)
Annual fall fairs operated by an Agricultural Society on property owned or leased
by an Agricultural Society;
(i)
Sounding of horns or alarms for the purpose of giving notice of fire and other
emergencies for the immediate health, safety or welfare of the inhabitants or for the
preservation or restoration of property;
(j)
Noise between a common shared wall or floor by two adjacent dwelling units within
an apartment, condominium or townhouse building, row buildings or carriage homes
unless the sound can be clearly audible from the exterior of the building;
(k)
Noise generated by sanding, salting, clearing of snow or the removal of snow;
(l)
An outdoor singing performance;
(m)
Victoria Day and Canada Day celebrations organized by the municipality or
municipally sponsored organizations.
7.
GRANT OF EXEMPTION BY COUNCIL
(a)
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/she might be prosecuted and Council, by resolution, may refuse to
grant any exemption or Council, by resolution, may grant the exemption applied for or any
exemption of lesser effect and any exemption granted shall specify the time period during which it
is effective and may contain such terms and conditions as Council sees fit.
(b)
Details of Application for Exemption
The application mentioned in subsection (a) shall be made in writing and shall contain:
i)
the name and address of the applicant
ii)
a description of the source of sound or vibration in respect of which the
exemption is sought
iii)
the period of time for which the exemption is sought
iv)
the reasons why the exemption should be granted
(c)
Decision
In deciding whether or not 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.
(d)
Breach
Breach by the applicant of any of the terms or conditions of the exemption shall render the
exemption null and void.
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8.
PENALTY
Every person who contravenes any of the provisions of this by-law is guilty of an offence and, upon
conviction, shall be liable to a fine as provided for in the Provincial Offences Act, Chap P.33, R.S.O.
1990 as amended.
9.
TIME
Notwithstanding the Time Act, Chapter T. 9, R.S.O. 1990 as amended, so long as the time
commonly observed in the municipality is one hour in advance of Standard Time, the times
mentioned in this by-law shall be reckoned in accordance with the time so commonly observed and
not Standard Time.
10.
SEVERABILITY
Should any part, section, subsection or portion of this by-law be repealed or declared by a court of
competent jurisdiction to be illegal, the same shall not affect the validity of the by-law as a whole
or in part thereof, except for that which was declared to be invalid.
11.
SHORT TITLE
The short title of this By-law shall be Noise Control By-law.
12.
ENFORCEMENT
This by-law shall be enforced by the By-Law Enforcement Officer so appointed by Council.
13.
REPEAL
THAT By-law 89-34 of the Township of McNab and By-law 86-16 of the Village of Braeside and
any other By-Laws inconsistent with this By-Law are hereby repealed.
READ a first time this 19th , day of July, 2011.
READ a second time this 19th , day of July, 2011.
READ a third and final time and passed time this 19th , day of July, 2011.
___________________________
___________________________
MAYOR
CAO/CLERK