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Consolidated Version - Amended by By-law: 083-2021
Page 1 of 11 of By-law No. 133-2012
THE CORPORATION OF THE TOWN OF MILTON
BY-LAW NO. 133-2012
BEING A BY-LAW TO PROHIBIT AND REGULATE NOISE WITHIN THE TOWN OF
MILTON AND TO REPEAL BY LAW 16-84 AND ALL OF ITS AMENDING BY-LAWS
IN THEIR ENTIRETY
WHEREAS sections 8, 9 and 11 of the Municipal Act, 2001 authorize the Town of
Milton to pass by-laws necessary or desirable for municipal purposes, and in
particular paragraphs 5, 6 and 8 of subsection 11(2) and in particular paragraph 9 of
subsection 11(3) authorize by-laws respecting the economic, social and
environmental well-being of the municipality; the health, safety and well-being of
persons; the protection of persons and property; and animals;
AND WHEREAS section 128 of the Municipal Act, 2001 authorizes the Town of
Milton to prohibit and regulate with respect to public nuisances, including matters
that, in the opinion of the Council of the Town of Milton are or could become public
nuisances;
AND WHEREAS in the opinion of the Council of the Town of Milton certain kinds of
noise are or could become a public nuisance;
AND WHEREAS section 129 of the Municipal Act, 2001 authorizes the Town of
Milton to prohibit and regulate with respect to noise and, in particular, to prohibit
noise unless a permit is obtained from the Town of Milton and to impose conditions
for obtaining, continuing to hold and renewing the permit, including requiring the
submission of plans;
AND WHEREAS section 425 of the Municipal Act, 2001 authorizes the Town of
Milton to pass by-laws providing that a person who contravenes a by-law of Town of
Milton passed under that Act is guilty of an offence;
AND WHEREAS the Municipal Act, 2001 further authorizes the Town of Milton,
amongst other things, to delegate its authority,, to impose fees or charges on
persons for services or activities provided or done by or on behalf of it, to provide for
inspections and inspection orders, and to make orders to discontinue activity or to do
work;
AND WHEREAS Section 23.1 of the Municipal Act, S.O. 2001, c. 25, as amended,
authorizes a municipality to delegate its powers and duties to a person;
AND WHEREAS the Council of the Corporation of the Town of Milton deems it
appropriate and expedient to delegate authority to the Supervisor, Licencing and
Enforcement to exempt upon application and paying a fee, any person, including
special event, from the by-law;
Consolidated Version - Amended by By-law: 083-2021
Page 2 of 11 of By-law No. 133-2012
AND WHEREAS section 444 of the Municipal Act, 2001 provides that the
municipality may make an order requiring the person who contravened the by-law or
who caused or permitted the contravention or the owner or occupier of the land on
which the contravention occurred to discontinue the contravening activity, and any
person who contravenes such an order is guilty of an offence;
NOW THEREFORE, THE COUNCIL OF THE CORPORATION OF THE TOWN OF
MILTON HEREBY ENACTS AS FOLLOWS:
1 SHORT TITLE
1.1.
This by-law may be cited as the "Noise By-law".
2 DEFINITIONS
In this by-law, all words shall carry their customary meaning except as hereinafter
stated.
2.1.
"Authorized Emergency Vehicle" includes any ambulance or hearse,
any vehicle of the fire department, any vehicle of the local, provincial or
federal police, any vehicle (including a snow plough) operated by or for
the Town or a public utility company while actively engaged in the
construction, maintenance or repair of any highway, or any equipment
or facilities thereon, or a snow plough or other maintenance vehicle
operated by or for the Ministry of Transportation or the Regional
Municipality of Halton;
2.2.
"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,
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;
"construction" excludes activities associated with the operation at waste
and snow disposal sites
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.
"Conveyance" means the operation of any Motor Vehicle, Off road
vehicle and any other vehicle used to transport a person or goods from
place to place and includes any operation on the same property.
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Page 3 of 11 of By-law No. 133-2012
2.5.
"Council" means the Council of The Corporation of the Town of Milton
2.6.
"Dwelling Unit" means a room or rooms in which a kitchen, living
quarters and sanitary conveniences are provided for the exclusive use
of the residents and with a private entrance from outside the building or
from a common hallway or stairway inside.
2.7.
"Goods Distribution Facility" Means a premises used for the storage
and/or distribution of goods, wares, merchandise, substances, articles
or things, within a building and may include a commercial storage
facility or facilities for an accessory wholesale or retail outlet, but does
not include a transportation terminal. (amended by bylaw 083-2021)
2.8.
"Hotel" Means a premises in which lodging or sleeping accommodation
are provided to the general public and may include accessory services
such as restaurants, meeting facilities, recreation facilities, convention
and banquet facilities. (amended by bylaw 083-2021)
2.9.
"Motel" Means a premises that contains rooms with no private cooking
facilities that are rented on a temporary basis to the public traveling
predominantly by motor vehicle, with some of the rooms being
accessed from the outside. (amended by bylaw 083-2021)
2.10. "Highway" includes a common and public highway, street, avenue,
parkway, driveway, square, place, bridge, viaduct or trestle designed
and intended for or used by the public for the passage of vehicles and
includes the area between the lateral property lines thereof;
2.11. "Motor Vehicle" means any vehicle and includes an automobile,
motorcycle and any other vehicle propelled or driven otherwise than by
muscular power, but does not include the cars of electric or steam
railways, or other motor vehicle running only upon rails, or a motorized
snow vehicle, farm tractor, self-propelled implement of husbandry or
road building machine;
2.12. "Noise" means any unwanted sound;
2.13. "Off road vehicle" means a vehicle propelled or driven otherwise than by
muscular power or wind and designed to travel:
(a) on not more than three wheels, or
(b) on more than three wheels and being of a class of vehicle
prescribed by the regulations under the Off-Road Vehicles Act,
R.S.O. 1990, c. O.4, as amended from time to time;
(c) and includes, but is not limited to, trail bikes, dirt bikes, dune
buggies, all terrain vehicles, motorized snow vehicles and motor
vehicles used during a demolition derby or intended to be used for a
demolition derby.
Consolidated Version - Amended by By-law: 083-2021
Page 4 of 11 of By-law No. 133-2012
2.14. "Person" or any expression referring to a person, means an individual,
sole proprietorship, partnership, limited partnership, trust, corporate
body, organization, charity and/or an individual in his or her capacity as
a trustee, executor, administrator or other legal representative.
2.15. "Point of Reception" means any point on a Premises where sound or
vibration originating from other than that Premises is received;
2.16. "Premises" includes the area of a building and/or parcel of property or in
a multiple unit building occupied by more than one (1) business, each
business area shall be considered a separate premises and each
dwelling unit shall also be considered a separate premises.
2.17. "Publication - N.P.C." means a specified publication of the Ministry of
the Environment as follows, and attached hereto as Schedule "A",
which Schedule forms part of this By-law:
Publication - N.P.C. 101
-
Technical Definitions
Publication - N.P.C. 102
-
Instrumentation
Publication - N.P.C. 103
-
Procedures
Publication - N.P.C. 104
-
Sound Level Adjustments
Publication - N.P.C. 205
-
Sound Level Limits for Stationary Sources
in Class 1 and 2 Areas (Urban)
Publication - N.P.C. 216
-
Residential Air Conditioning Devices
Publication - N.P.C. 206
-
Sound Levels of Road Traffic
Publication - N.P.C. 232
-
Sound Level Limits for Stationary Sources
in Class 3 Areas (Rural)
2.18. "Retail business establishment" Means a premises in which goods,
wares, merchandise, substances, articles, things or services are offered
or kept for sale at retail or on a rental basis. (as amended by bylaw 083-
2021)
2.19. "Restaurant" Means a premises in which the principal business is the
preparation and serving of food and refreshments to the public for
immediate consumption within the establishment or on an abutting
terrace or patio, and which may include home delivery, catering or food
pick-up/ take-out services (as amended by bylaw 083-2021)
2.20. "Quiet Area" means Premises at the following location:
Milton District Hospital
2.21. "Residential Area" means the following zones within the Town of Milton
Zoning By-law Residential Low Density (RLD), Residential Medium
Density 1 (RMD1), Residential Medium Density 2 (RMD2), Residential
High Density (RHD), Residential Office Estate (RO), Rural Estate (RE),
Village Rural (RV) and any residential use permitted within a
commercial zone or any other zone permitting a residential use.
Consolidated Version - Amended by By-law: 083-2021
Page 5 of 11 of By-law No. 133-2012
2.22. "Source of Sound" means an activity, matter, thing, or tangible personal
property or real property, from which sound or vibration is emitted;
2.23. "Supervisor" means the Supervisor, Licensing & Enforcement
2.24. "Town" means the Town of Milton.
3 GENERAL PROHIBITIONS
3.1.
If not otherwise provided for in this by-law, no person shall emit or
cause or permit the emission of sound likely to disturb another between
9:00 p.m. and 7:00 a.m. of the following day.
3.2.
No person shall emit or cause or permit the emission of sound resulting
from the following which sound is clearly audible at a Point of
Reception:
(a) 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.
(b) Racing of any Motor Vehicle other than in a racing event regulated
by law.
(c) The operation of a Motor Vehicle in such a way that the tires squeal.
(d) The operation of any combustion engine without an effective
exhaust-muffling device in good working order;.
(e) The operation of a Motor Vehicle or a Motor Vehicle with a trailer
resulting in banging, clanking, squealing or other like noise due to
improperly secured load or equipment, or inadequate maintenance.
(f)
The operation of an engine or motor in, or on, any Motor Vehicle or
item of attached auxiliary equipment for a continuous period
exceeding five minutes, while such Motor Vehicle is stationary and
the Point of Reception is in a Residential Area or a Quiet Area,
unless,
(i)
The Motor Vehicle is in an enclosed structure constructed so
as to effectively prevent excessive sound 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 Motor Vehicle or equipment, including but not
limited to, operation of ready-mixed concrete trucks, lift
platforms or refuse compactors and heat exchange systems;
or,
(iv)
Weather conditions justify the use of heating or refrigerating
systems powered by the motor or engine for the safety and
Consolidated Version - Amended by By-law: 083-2021
Page 6 of 11 of By-law No. 133-2012
welfare of the operator, passengers or animals, or the
preservation of perishable cargo; 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, carburetor
or the like, when such work is performed other than for profit.
(g) 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.
(h) The operation of any item of Construction Equipment in a Quiet Area
without effective muffling devices which is in good working order.
(i)
The persistent barking, calling, whining or other similar persistent
sound made by any domestic pet or any other animal kept or used
for any purpose other than agriculture which sound(s) is clearly
audible at a Point of Reception.
4 PROHIBITIONS BY TIME AND PLACE
4.1.
No person shall emit or cause or permit the emission of sound resulting
from the following which sound is clearly audible at a Point of Reception
between 9:00 p.m. - 7:00 a.m.
(a) The operation of any auditory signaling 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.
(b) The operation of a combustion engine which is used 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.
(c) The operation of any Motor Vehicle other than on a Highway or
other place intended for its operation.
(d) All selling or advertising by shouting out, cry or amplified sound.
(e) 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.
(f)
The operation of a power assisted hang glider or a parafoil.
(g) The operation of a commercial car wash with air drying equipment.
(h) The operation of Construction Equipment.
(i)
The operation of any powered or non-powered tool for purposes
other than snow removal.
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Page 7 of 11 of By-law No. 133-2012
4.2.
No person shall emit or cause or permit the emission of Noise resulting
from the detonation of fireworks or explosive devices which sound is
clearly audible at a Point of Reception between II:00 p.m. - 7:00 a.m.
4.3.
No person shall emit or cause or permit the emission of sound resulting
from the loading, unloading, delivering, packing, unpacking, or
otherwise handling any containers, produce, materials, or refuse
whatsoever which sound is clearly audible at a Point of Reception
between II:00 p.m. - 7:00 a.m. unless defined as a retail business
establishment; a restaurant, including cafes and bars; a hotel or motels;
or a goods distribution facility. (amended by bylaw 083-2021)
4.4.
No person shall emit or cause or permit the emission of sound resulting
from the operation of a sound emitting pest control device between
dusk and dawn.
4.5.
No person shall emit or cause or permit emission of sound resulting
from the operation of any off road vehicle other than on a Highway
which sound is clearly audible at a Point of Reception between 9:00
p.m. - 7:00 a.m.
4.6.
No person shall emit or cause or permit emission of sound resulting
from yelling, shouting, hooting, whistling or singing which sound is
clearly audible at a Point of Reception between 11:00 p.m. - 7:00 a.m.
4.7.
No person shall emit or cause or permit emission of sound resulting
from the banging of drums or production of sound by any other
unamplified musical instrument which sound is clearly audible at a Point
of Reception between 9:00 p.m. - 7:00 a.m.
5 MEASURED NOISE PROHIBITIONS
5.1.
This section does not apply to the emission of sound prohibited during
the specific times prescribed for in section 4 of this by-law.
5.2.
No person shall emit or cause or permit the emission of sound resulting
from a Stationary Source such that the level of resultant sound at a
Point of Reception exceeds the applicable sound level limit prescribed
in:
(a) Publication - N.P.C. 205 - Sound Level Limits for Stationary Sources
in Class 1 and 2 Areas (Urban) attached hereto as Schedule "A",
which Schedule forms part of this By-law.
(b) Publication - N.P.C. 216 - Residential Air Conditioning Devices
attached hereto as Schedule "A", which Schedule forms part of this
By-law.
(c)
Publication - N.P.C. 232 - Sound Level Limits for Stationary Sources
in Class 3 Areas (Rural), attached hereto as Schedule "A", which
Schedule forms part of this By-law.
Consolidated Version - Amended by By-law: 083-2021
Page 8 of 11 of By-law No. 133-2012
6 EXEMPTIONS
6.1.
Notwithstanding any other provision of this by-law, this by-law shall not
apply to a person who emits or causes or permits the emission of sound
in connection with any of the following activities:
(a) Operation of Authorized Emergency Vehicles;
(b) Undertaking emergency measures for the immediate health, safety
or welfare of any person or the preservation or restoration of
property;
(c) Undertaking repairs so ordered by an emergency Property
Standards order pursuant to the Milton Property Maintenance and
Occupancy Standards By-law 141-2001;
(d) Operation of machines or equipment by or on behalf of the Town for
emergency purposes;
(e) Operation of bells, tones or whistles utilized as traffic control devices
including those at traffic signal locations and railway crossings;
(f)
Operation of snow removal equipment while in the operation of snow
removal;
(g) A normal farm practice carried on as part of an agricultural operation
under the Farming and Food Productions Protection Act, 1998, S.O.
1998, c-l or any successor legislation thereto.
(h) Operation of bells, chimes, carillons and clocks in religious or public
buildings.
6.2.
Notwithstanding any other provision of this by-law, the Supervisor,
Licensing & Enforcement, may, upon application by any person for an
exemption from a provision or provisions under this by-law and the
payment of the applicable application fee,
(a) exempt the applicant from any provision or provisions of this by-law
on such terms and conditions as he/she may determine; or
(b) refuse to grant any exemption from any provision of this by-law.
6.3.
The Supervisor, Licensing & Enforcement, may cancel, revoke or
suspend any exemption granted in section 6.2 on the grounds that:
(a) it is in the public interest to do so, including, but not limited to, for
public health and safety reasons;
(b) the applicant has misrepresented or omitted a material fact in his or
her application for the exemption being applied for; and/or.
(c) the applicant has not complied with the terms and conditions as
provided for in the exemption.
6.4.
Where a person has been granted an exemption by the Supervisor,
Licensing & Enforcement, under Section 6.2 and the exemption is
subject to any conditions, the exemption shall immediately be revoked,
Consolidated Version - Amended by By-law: 083-2021
Page 9 of 11 of By-law No. 133-2012
without further process, in the event that there is any contravention of
any of the conditions of the exemption
6.5.
In considering an application for an exemption in this by-law, the
Supervisor, Licensing & Enforcement, shall have regard to:
(a) Any negative effects the issuance of the exemption permit may have
on neighbouring properties or on the Town;
(b) Any benefits the issuance of the exemption permit may have on
neighbouring properties or on the Town;
(c) Any previous violations of this By-law or an exemption permit by the
applicant; and
(d) Anything the Supervisor, Licensing & Enforcement, considers
relevant, acting reasonably.
6.6.
The conditions that the Supervisor, Licensing & Enforcement, or
designate may impose on an exemption under section 6.2 of this by-law
may include but are not limited to:
(a) The type and volume of the sound;
(b) The days during which the exemption is in effect
(c) The times during which the exemption is in effect;
(d) That the surrounding neighbourhood be notified by the person
making the application, to the satisfaction of the Supervisor,
Licensing & Enforcement.
(e) That the Halton Region Police Service be notified by the person
making the application, of the event and exemption.
(f)
That a qualified individual or qualified individuals, as determined by
the Supervisor, Licensing & Enforcement, monitor the sound and file
a report with the Supervisor, Licensing & Enforcement, at the
applicant's expense.
(g) That any sound created by a special event, as recognized by the
Special Events Review Team, shall not begin before II:00 a.m. and
shall end at 11:00 p.m. on all days of the week, except Sunday,
when the sound shall not begin before 12:00 noon and shall end at
I0:00 p.m.; and
(h) That any sound created by a special event, as recognized by the
Special Events Review Team, shall not exceed 90 dba to be
determined 10 metres from the Source of Sound.
(i)
That a Municipal Law Enforcement Officer monitor a special event,
as recognized by the Special Events Review Team, at the expense
of the Special Event organization or organizer, if deemed
appropriate by the Supervisor, Licensing & Enforcement,
7 ENFORCEMENT AND ADMINISTRATION
7.1.
This by-law may be enforced by a Municipal Law Enforcement Officer
or a police officer.
Consolidated Version - Amended by By-law: 083-2021
Page 10 of 11 of By-law No. 133-2012
7.2.
If a Municipal Law Enforcement Officer or a police officer is satisfied
that this by-law has been contravened, the officer may make an order,
known as an "Order to Discontinue Activity", requiring the person who
contravened the by-law, or who caused or permitted the contravention,
or the owner or occupier of the land on which the contravention
occurred, to discontinue the contravention.
7.3.
An "Order to Discontinue Activity" shall set out:
(a) The municipal address of the property on which the contravention
occurred;
(b) The date of the contravention;
(c) The reasonable particulars of the contravention of the by-law; and
(d) The date and time by which there must be compliance with the
Order.
7.4.
The "Order to Discontinue Activity" may be served personally on the
person to whom it is directed or by regular mail to the last known
address of that person, in which case it shall be deemed to have been
served on the third day after it is mailed. Service on a corporation can
be affected by registered mail to the corporate mailing address and will
be deemed to have been served on the third day after it is mailed by
registered mail.
7.5.
No person shall contravene an "Order to Discontinue Activity".
7.6.
Every person other than a corporation who fails to comply with any
provision of this bylaw or an Order or other direction made under this
by-law is guilty of an offence and, upon conviction, is liable to a fine of:
(a) Not more than $10,000 for a first offence and
(b) Not more than $25,000 for a second or subsequent offence.
7.7.
Every corporation that fails to comply with any provision of this by-law
or an Order or other direction made under this By-law is guilty of an
offence and, upon conviction, is liable to a fine of:
(a) Not more than $50,000 for a first offence and
(b) Not more than $100,000 for a second or subsequent offence.
7.8.
If this by-law is contravened and a conviction entered, in addition to any
other remedy and to any penalty imposed by the by-law, the court in
which the 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.
7.9.
No person shall hinder or obstruct, or attempt to hinder or obstruct, any
person who is exercising a power or performing a duty under this By-
law, including carrying out an inspection.
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Page 11 of 11 of By-law No. 133-2012
8 INSPECTION FEE
8.1.
In addition to any fines that may be imposed as a result of a conviction
where the Municipal Law Enforcement Officer determines that an
activity producing noise or sound is not in compliance with this by-law or
with an Order to Discontinue Activity, a noise inspection fee or charge
set out in the applicable User Fee By-law for inspection may be
imposed on the owner, person responsible for the noise or sound, or
temporary noise permit holder.
8.2.
The fees imposed constitute a debt of the person to the Town. The
Town Treasurer may add such debt or fees to the tax roll and collect
them in the same manner as municipal taxes on any property for which
all the owners are responsible for paying the fees.
9 SEVERABILITY
9.1.
Should any section, clause or provision of this by-law be declared by a
court of competent jurisdiction to be invalid, the same shall not affect
the validity of the by-law as a whole or any part thereof, other than the
part which was declared to be invalid.
10 REPEAL
10.1. By-law 16-84 and all of its amending by-laws are hereby repealed in its
entirety.
11 ENACTMENT
This By-law shall come into full force and effect on the date it is passed.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED this 29th
day of October, 2012.
_____________________________ Mayor
Gordon A. Krantz
_________________________ Town Clerk
Troy McHarg