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THE CORPORATION OF THE VILLAGE OF MERRICKVILLE-WOLFORD
BY-LAW 64-2024
Being a By-law to Prohibit and Regulate Noise in the Village of Merrickville-Wolford
WHEREAS the Municipal Act, R.S.O. 2001, Chapter M.25, Section 128, empowers
councils of local municipalities to pass by-laws for regulating activities that in the opinion
of the council are or could become or cause public nuisances;
AND WHEREAS the Municipal Act R.S.O. 2001, Chapter M.45, Section 129, as
amended empowers councils of local municipalities to pass by-laws for prohibiting or
regulating noise, vibration, odour, dust and outdoor illumination;
AND WHEREAS section 425 of the Municipal Act, 2001, provides that a municipality
may pass by-laws to prohibit and regulate noise;
AND WHEREAS section 429 of the Municipal Act, 2001, provides that a municipality
may create offences for the contravention of by-laws;
AND WHEREAS the Council of the Village of Merrickville-Wolford has deemed it
necessary to identify and regulate certain types of noise which may disturb the
inhabitants of the Village of Merrickville-Wolford.
NOW THEREFORE the Council of the Corporation of the Village of Merrickville-Wolford
enacts as follows:
1.
Short Title
The short title of this By-law shall be the "Noise By-law".
2.
Definitions
For the purposes of this By-law, the following definitions shall apply:
Administrative Monetary Penalty System means the Administrative - By-Law as
approved by Council.
Community Event means an event open to the public, including a public fair, public
exhibition, public celebration, public sporting event, public concert, or school event.
Construction means erection, alteration, repair, dismantling, demolition, structural
maintenance, land clearing, earth-moving, grading, excavating, laying of pipe and
conduit whether above or below ground level, street and highway building, application of
concrete, equipment installation and alteration ad the structural installation of
construction components and materials in any form or for any purpose, and includes
any work in connection therewith.
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, trenches, cranes, forklifts, derricks, loaders. Scrapers, pavers, generators,
off highway haulers or trucks ditchers, compactors or rollers, pumps, concrete mixers,
graders, and any other material handling equipment.
Council means the Council of the Corporation of the Village of Merrickville-Wolford.
Electronic Devices means a device intended primarily for the production, reproduction
or amplification of sound, including, but not limited to, any musical instrument, radio
receiver, television receiver, recorder, phonograph, loudspeakers, amplifiers,
microphones or reproducers of any combination of such equipment, including devices
used in the reproduction of music, speech or other sounds.
Enforcement Officer means a municipal by-law enforcement officer authorized by the
Council of the Corporation of the Village of Merrickville-Wolford, any member of the
Ontario Provincial Police, and any Provincial Offences Officer pursuant to the Provincial
Offences Act.
Fire Chief means the Fire Chief of the Corporation of the Village of Merrickville-Wolford.
Highway means any common and public highway, street, avenue, parkway, driveway,
square, place, drive, bridge, viaduct or trestle any part of which is intended for or used
by the general public for the passage of vehicles and includes the area between the
lateral property lines thereof.
Inhabitant means a person that live in or occupies a place.
Motor Vehicle means any private or commercial automobile, motorcycle, motorized
assisted bicycle, all-terrain vehicles, extreme terrain vehicle, multi-purpose off road
vehicle, any vehicle propelled or driven otherwise that requires a motor or engine to be
movable.
Noise means unwanted sound that is generated within the Corporation and is likely to
disturb inhabitants or neighboring municipality
Outdoor Performance means any artistic or cultural performance that is conducted in
an outdoor venue on public or private property where the amplification of sound carries
beyond the confines of the property.
Persistent means noise that is heard continuously or intermittently heard for a period of
fifteen (15) minutes or more over a period of one (1) hour.
Person means a person, firm, organization, agency, association, corporation, or
partnership used in the normal context of the word.
Point of Reception means any point on a premises where sound originating from some
other premises is received.
Zoning By-Law means the Council approved by-law governing zoning in accordance
with the Planning Act, as amended.
3.
General Exemptions
None of the provisions of the by-law shall apply to:
a) 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 celebration, public election
meeting, or other reasonable gathering, provided written permission of the
Village of Merrickville-Wolford has first been obtained.
b) any military or other band or any parade or other community activities
between the hours of 7:00 a.m. and 11:00 p.m. operating under written
permission obtained from the Village.
c) any operation or vehicle of the police or fire department, or any ambulance
public service, or emergency vehicle, or emergency siren.
d) any sound arising from the operation of any railway which operates under
the Railway Act of Canada or from any plant or work in connection with any
such railway.
e) the operations of any Religious Services as heretofore carried on. The
ringing of bells or carillons in connection with any church or meeting house.
f) any sound arising from the normal operations of any farm or similar
agriculture use or any animal(s) in connection with such use.
g) the operation of a pit or quarry licensed under the Aggregate Act.
h) any sound arising from the normal operation of motor vehicles.
i) employees of the Village of Merrickville-Wolford, the Government of Canada,
the Province of Ontario, Hydro One or other Crown Corporations when
acting in the reasonable execution of their duties.
j) noises in connection with athletic, recreational or school activities in arenas,
on playing fields, courts, school grounds or park areas between the hours of
7:00 a.m. and 11:00 p.m.
k) noise in connection with the exercise of recognized Indigenous rights.
l) noise from the discharge of firearms for the purpose of protecting crops or
livestock.
4. General Prohibitions
4.1 No person shall make, cause, emit, or permit the emission of any sound
whatsoever which is likely to annoy, disturb, or injure, endanger or detract from
the reasonable use of enjoyment of property of the comfort, repose, health,
peace or safety of persons within the limits of the Municipality.
4.2 Without limiting the foregoing, no person shall within the Village of Merrickville-
Wolford, make, cause, emit, or permit the emission of any of the following sounds
as set out in Schedule A, attached hereto.
4.3 Without limiting the foregoing, no person shall within the prohibited time shown in
Schedule B, attached hereto, make, cause, emit or permit the emission of noise
which is clearly audible at a point of reception resulting from an act or emanating
from a device listed in Schedule B.
5. Grant of Exemption by Council
5.1 Notwithstanding anything contained in this By-law, any person, prior to emitting
or permitting the emission of a noise prohibited under this By-law, may make
application to Council to be granted an exemption and Council may by resolution
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 that Council considers appropriate.
Applications are to be submitted on the Exemption Application Form, as set out
in Schedule C, attached hereto.
5.2 The application mentioned in Section 5.1 shall be made in writing and shall
contain:
a) The name and address of the applicant;
b) A description of the source of sound or vibration in respect of which the
exemption is sought;
c) The period of time for which the exemption is sought; and
d) The reasons why the exemption should be granted.
5.3 Requests for exemption shall be placed on a Council agenda for consideration
and decision. Council may grant an exemption application by way of resolution,
which will be circulated to the applicant by staff following a decision.
5.4 A breach of any of the terms or conditions of any exemption granted by the
Municipality shall render the exemption null and void.
6. Entry and Inspection
6.1 An Enforcement Officer or their designate may at any time enter onto a property
to determine whether this by-law is being complied with in accordance with the
provisions of this By-law.
7. Enforcement and Penalties
7.1 Any person who contravenes any provision of the by-law shall be guilty of an
offence and shall be liable, upon conviction, to such fine or penalty as is provided
for in the provisions of the Provincial Offences Act, as amended and any other
applicable law, exclusion of costs, for each offence.
7.2 Upon registering a conviction for a contravention of any provision of the by-law,
the court, may in addition to any other remedy and to any penalty imposed by the
by-law, make an order prohibiting the continuation or repetition of the offence by
the person convicted, pursuant to Section 431 of the Municipal Act, 2001, S.O.
2001, as amended.
7.3 Notwithstanding sections 7.1 and 7.2 of this By-Law, every person who
contravenes any provision of this By-Law shall, upon issuance of an
Administrative Penalty Notice in accordance with Administrative Penalty By-Law
10-2025 be liable to pay to the Corporation of the Village of Merrickville-Wolford
an Administrative Penalty in accordance with Schedule C of Administrative
Penalty Process By-Law 10-2025.
7.4 If a Person is required to pay an Administrative Penalty under section 7 in
respect to contravention of this By-Law, the Person shall not be charged with an
offence in respect of the same contravention.
8. General Provisions
8.1 It is hereby declared that every one of the foregoing provisions of this by-law is
severable and that, if any provision of this by-law should for any reason be
declared invalid by any Court, it is the intention and desire of this Council that
each and every one of the then remaining provisions hereof shall remain in full
force and effect.
8.2That Schedules A, B, C and D shall constitute part of this By-law.
8.3That By-law 23-03 and all other by-laws previously passed that are inconsistent
with the provisions of this By-law are hereby repealed in their entirety.
8.4 That this By-law shall come into force and take effect on its passing.
Read a first and second time on the 12th day of November, 2024.
Read a third and final time and passed on the 27th day of January, 2025.
Schedule A to By-law 64-2024
General Prohibitions
No person shall within the Village of Merrickville-Wolford, make, cause, emit, or
permit the emission of any of the following sounds:
a) The ringing of bells, blowing of horns or sounding of sirens on any motor
vehicle except to the extent that such ringing, blowing or sounding is required
by law or by the requirements of safety.
b) The operation of any electronic device or group of connected electronic
devices incorporating one or more loudspeakers, and intended for the
production, reproduction or amplification of sound.
c) The operation of any construction equipment, combustion engine or
pneumatic device without an original equipment manufacturer specification
exhaust or intake muffling device in good working order and in constant
operation.
d) Revving of any motor vehicle engine except as required for by a licensed
mechanic at a place of business for automotive repair.
e) The operation of a motor vehicle horn or other warning device except where
required or authorized by law or in accordance with good safety practices.
f) any noise arising between the hour of 11:00 o'clock p.m. of any day and 7:00
o'clock a.m. of the next following day from any excavation or construction
work whatsoever, including the erection, demolition, alteration or repair of any
building or structure, except in the case of repairs or demolition to a building
of such an urgency that the lack of immediate attention to the same would
result in severe damage to the building or be likely to endanger the health or
property of any person.
g) Residential domestic activities that produce sound of such nature that is
unwanted, on-going, persistent, unusual, repetitive, a public nuisance that
disturbs a person at a point of reception.
h) Persistent barking, calling or whining of any domestic pet or any animal
except an animal used for and located on the property to agricultural use, as
set out in the Village's Zoning By-law, or as otherwise specifically permitted
by by-law.
i) The detonation of fireworks is not permitted at any time, except those
authorized by the Fire Chief.
j) The discharge of firearms for the purpose of hunting is not permitted at any
time in settlement areas. Prohibited periods of time in other areas shall be
half an hour after sunset to half an hour before sunrise the following day.
Schedule B to By-law 64-2024
Prohibitions by Time
Item
Activity
Prohibited Period of
Time
1
The operation of any construction equipment or
in connection with construction
10:00 p.m. to 6:00 a.m. the
next day
Sunday:
7:00 p.m. to 6:00 p.m. the
next day
2
The operation of any construction equipment in
connection with construction in a Settlement
Area
10:00 pm. to 7:00 a.m. the
next day
Sunday:
7:00 p.m. to 6:00 a.m. the
next day
3.
The operation of any powered or non-powered
tool, equipment or appliance for domestic or
commercial purposes other than snow removal
11:00 p.m. to 6:00 a.m. the
next day
4
The loading, unloading, packing, unpacking,
delivering or otherwise handling of any
container, product, material, waste or
recyclables unless necessary for the
maintenance of services or moving of private
household effects
11:00 p.m. to 6:00 a.m. the
next day
5
The operation of any electronic device or group
of connected electronic devices incorporating
one or more loudspeakers or other
electromechanical transducers, and intended
for the production, reproduction or amplification
of sound
11:00 p.m. to 7:00 a.m. the
next day
6
The operation of any auditory signaling device
including, but not limited to the ringing of bells,
gongs, and the blowing of horns, sirens and
whistles
11:00 p.m. to 7:00 a.m. the
next day
7
Yelling, shouting, hooting or similar noises
made by a person
11:00 p.m. to 7:00 a.m. the
next day
Schedule C to By-law 64-2024
EXEMPTION APPLICATION FORM
Application for a temporary exemption permit to the Noise By-law
Applicant's Name ____________________________________________________
Applicant's Address __________________________________________________
Applicant's Phone Number _____________________________________________
Applicant's Email ____________________________________________________
Group or Organization ________________________________________________
Event Type _________________________________________________________
Date and Time of Event _______________________________________________
*If the event is being held over more than one day, please specify times for each day
Description of Event - Include the source of sound in respect of which the exemption if
being requested:
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
Please state the particular provision(s) of the By-law from which the exemption is being
requested:
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
Schedule D to By-law 64-2024
Fees and Penalties
Administrative Monetary Penalties
TABLE 2: DESIGNATED BY-LAW 64-2024
NOISE BY-LAW
ITEM
COLUMN 1
BY-LAW
REFERENCE
COLUMN 2
SHORT FORM WORDING
COLUMN 3
SET FINE
1
s. 6.1
Obstructing or hindering an officer
$200.00
2
s. 4.2, Sch. A
(1)
Emit, cause or permit emission of ringing of
bells, blowing of horns or sounding of sirens
on any motor vehicle
$150.00
3
s. 4.2, Sch. A
(2)
Emit, cause or permit noise from an
electronic device
$150.00
4
s. 4.2, Sch. A
(3)
Emit, cause or permit noise from any
construction equipment, engine or device
without exhaust or intake muffling device
$150.00
5
s. 4.2, Sch. A
(4)
Emit, cause or permit noise from a motor
vehicle in such a way to rev the engine
$150.00
6
s. 4.2, Sch. A
(5)
Emit, cause or permit noise from a horn or
other warning device
$150.00
7
s. 4.2, Sch A
(6)
Emit, cause or permit noise from
construction equipment during prohibited
time
$150.00
8
s. 4.2 Sch. A
(7)
Emit, cause or permit noise from residential
domestic activity
$150.00
9
s. 4.2, Sch. A
(8)
Cause or permit the persistent barking,
calling or whining of an animal
$150.00
10
s. 4.2, Sch. A
(9)
Detonation of unauthorized fireworks
$150.00
11
s. 4.2, Sch A
(10)
Discharge of firearms during prohibited
times
$150.00
12
s. 4.2, Sch. B
(3)
Operation of powered or non-powered tool,
equipment or appliance during prohibited
time
$150.00
13
s. 4.2, Sch. B
(4)
Emit, cause or permit noise from loading,
packing, handling or delivering materials or
products during prohibited time
$150.00
14
s. 4.2, Sch. B
(5)
Emit, cause or permit operation of an
electronic device intended for the
production, reproduction or amplification of
sound during prohibited time
$150.00
15
s. 4.2, Sch. B
(6)
Emit, cause or permit operation of any
auditory signaling device during prohibited
time
$150.00
16
s. 4.2, Sch. B
(7)
Persistent yelling, shouting, or similar noises
made by a person during prohibited time
$150.00