Minden Hills, Ontario
· No. 20-61
· adopted 2020-05-28
· summary & facts
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Corporation of the Township of Minden Hills
By-Law No.20-61
Being a By-law to Regulate Noise within
the Boundaries of the Township of Minden
WHEREAS Council acknowledges that fireworks have the potentialto pollute air and water, negatively
impact wildlife in the vicinity and diminish quality of life for some residents;
AND WHEREAS Council wishes to take action to mitigate the risk to human, animal and environmental
health;
AND WHEREAS Section 121 (a) of the Municipal Act, 2001, S.O. 2001, c.25 provides that the Council
may prohibit and regulate the sale of fireworks and the setting off of fireworks;
AND WHEREAS Council deems it expedient to enact a by-law to regulate noise within the boundaries
of the Township of Minden Hills;
NOW THEREFORE the Council for the Township of Minden Hills enacts as follows:
I. DEFINITIONS:
In this By-law;
a) "Agricultural PropertSr" means a property that is zones for agricultural use in the zoning by-
law that applies to the property;
b) "Construction" includes erection, alteration, repair, dismantling, demolition, structural
maintenance, painting, moving, land clearing, earth moving, grading, 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, concreting, equipment installation and
alteration and the structural installation of construction components and materials in any form or
for any purpose, and includes any associated or related work;
c) "Council" means the elected Municipal Council of the Township of Minden Hills;
d) 'oEmergency" means a situation or an impending situation, often dangerous, caused by the
forces of nature, an accident, and intentional act orotherwise, which arises suddenly and calls for
prompt action;
e) "Emergency vehicle" includes a land ambulance, an air ambulance, a fire department vehicle,
and a motor vehicle being used to respond to an emergency;
f) "Fire Ban" means a temporary measure put in place by the Municipality or Ministry of Natural
Resources and Forestry @NRF) to restrict open air fires when extreme fire conditions may exist.
This measure is put in place in order to help prevent human caused fires.
g) "Fireworks'o means a class of explosive pyrotechnic devices;
h) "Motor Vehicle" includes an automobile, bus, truck, motorcycle, motor assisted bicycle and
any other vehicle propelled or driven other than by a muscular power, but does not include a
motorized snow vehicle, traction engine, farm tractor, other farm vehicle or road-building machine;
i) "Municipality'o means the Township of Minden Hills;
j) "Noise" means sounds that is unusual or excessive, or that is unwanted by or disturbing to
persons;
k) "Owner" includes
i) 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 is such land and
premises were let, and;
ii) a leasee or occupant of the property who, under the terms of a lease, is required to repair
and maintain the property in accordance with the standards for the maintenance and
occupancy of property
l) "Person" includes a corporation as well as an individual;
m) "Premises" means a piece of land and any buildings and structures on it, and includes a place
ofbusiness, road, and any other location ofplace;
n) "Provincial Offences Officer" includes any person who is employed or who has entered into a
contract with the Corporation and who has been appointed by by-law by Council to control dogs
or any Municipal Law Enforcement Officer engaged to enforce by-laws of the Corporation or any
Police Officer or Police Cadet Officer employed and/or appointed by the Ontario Provincial Police;
o) "Residence" means a room, suite or rooms, or dwelling, including a mobile trailer, operated as
a housekeeping unit that is used or intended to be used as a separate domicile by one or more
persons, and that normally contains cooking, eating, living, sleeping, and sanitary facilities;
p) "Road" includes a public highway, private road, lane, pathway, and sidewalk;
q) "Utility" means a system that is used to provide a utility service to the public, including water,
sewage. electricity, gas. communications networks and cable services;
r) 'oVehicle" includes a motor vehicle, trailer, traction engine, farm tractor, road-building machine,
and other vehicle propelled or driven other than by muscular power;
s) "Zoning By-Law" means a by-law passed under section 34 of the Planning Acl that restricts the
use of land.
t) "Public Fireworks Display" means an exhibition of low or highhazard recreational
Fireworks in an open air assembly, occupancy to which the public is invited or admitted,
with or without a fee being charged.
u) "Consumer Jireworks" means an outdoor, low hazard, recreational firework that is
classed as a subdivision 1 of Division 2 of Class 7 Fireworks under the Act and includes
fireworks showers, fountains, golden rain, lawn lights, pin wheels, Roman candles, and
volcanoes, but does not include sparklers, Christmas crackers, and caps for toy guns
containing not in excess of twenty-five one-hundredths of a grain of explosive used per
cap;
v) "Display Fireworks" means high-hazard firework articles designed for use by professionals.
These articles include items such as aerial shells, cakes, roman candles, waterfalls, lances and
wheels.
2. GENERAL NOISE REGULATIONS
(2.1) No person shall make, cause or permit to be made, either on a highway or elsewhere in the
Municipality, any unnecessary noise or unnecessary sounds which disturbs the quiet, peace, rest,
enjoyment, comfort or convenience of any person or is the result of any activities described in
Schedule "A" and that is audible to:
a) a person in a premises or vehicle other than the premises or vehicle from which the norse
is originating; or
b) a person in a residence other than the residence from which the noise is originating.
(2.2) No person shall set off any Fireworks on any public street or roadway within the Township
of Minden Hills at any time.
(2.3) Consumer jireworks within the geographical Township of Minden Hills do not require a
permit and are only permitted on the following:
(a) New Years Eve - between dusk and I AM;
(b) Canada Day - between dusk and I I p.m. the weekend prior to Canada Day, the
weekend directly following Canada Day or on the day of Canada Day.
(c) Victoria Day and Labour Day - between dusk and 11 p.m. on the weekend in which
the holiday falls.
(2.4) Despite Subsection 2.3,no person shall set off any Fireworks when there is a Fire Ban in
effect or when open air burning is prohibited.
3. PERMITS FOR THE DISCHARGE OF PUBLIC AND DISPLAY FIREWORKS
(3.1) No person shall discharge or permit the discharging of display or public fireworks
on prohibited days without a permit.
(3.2) Every application for a Permit to discharge Public or DisplayJireworks, for days
other than those stated in Section2.3, shall be made to the Fire Chief upon such
application form as may be issued by the Fire Chief from time to time.
4. VENDORS SELLING CONSUMER, DISPLAY OR PUBLIC FIREWORKS - POSTED
_ CONSPICUOUS PLACE
(4.1) A copy of Section 2, General Regulations of this by-law, shall be posted in a
conspicuous place upon any Premises where fireworks are sold.
5. PUBLIC COMPLAINT PROCESS/ENFORCEMENT
(5.1) A complaint form, supplied by the Municipal by-law department, must be
completed, in full, by any member of the public who has witnessed a general noise
violation
(5.2) Any complaint form, not completed in their entirety, will be considered to be
incomplete.
(5.3) Any member of the public completing a complaint forms acknowledges that their
presence in court may be required.
(5.4) Nothing herein shall be deemed to limit the ability of the Ontario Provincial
Police to enforce this by-law at any time.
6. EXEMPTIONS
(6.1) The Provisions of this By-law shall not apply to police, fire, ambulance or other emergency
vehicle proceeding to an emergency.
(6.2) The prohibitions described in Schedule "A" do not apply if the noise is the result of
measures undertaken in an emergency for the:
a) immediate health, safety, or welfare or the inhabitants; or
b) preservation or restoration or property, unless the noise is clearly of the longer duration
or of a more disturbing nature than is reasonably necessary to deal with the emergency.
(6.3) The Prohibitions described in Schedule "A" do not apply if the noise is the result of any of
the activities described in Schedule "B."
7. SCHEDULES
(7.1)
The Following Schedule are attached and form part of this by-law:
a) Schedule "A)' - General Noise Prohibitions;
b) Schedule "8" - Exemptions from Noise Prohibitions;
c) Schedule "C" - Short form wording & set fines under The Provincial Offences Act Part
I.
8. PENALITY PROVISIONS
(8.1) Any person who contravenes the provisions of this by-law is guilty of an offence and, upon
conviction, is subject to a fine as provided inthe Provincial Offences Act and to any other
applicable penalties.
(8.2) If this by-law has been contravened and a conviction entered, the court in which the
conviction has been entered and any other court of competent jurisdiction thereafter may,
in addition to any other remedy and to any penalty that is imposed, make an Order
prohibiting the continuation or repetition of the offence by the person convicted.
9. PERMITS FOR THE DISCHARGE OF PUBLIC AND DISPLAY FIREWORKS
(9.1) Every application for a Permit to discharge Public or Display fireworks, for days
other than those stated in Section2.3, shall be made to the Fire Chief upon such
application form as may be issued by the Fire Chief from time to time.
10. SEVERABILITY
(10.1) If a court of competent jurisdiction declares any provisions, or any part of a provision, of
this by- law to be invalid, or to be of no force and effect, it is the intention of council in
enacting this by-law that each and every provision of this by-law authorized by law be
applied and enforced in accordance with the terms to the extent possible according to law.
11. REPEALS
(11.1) THAT By-laws 13-54 and 14-10 of the Corporation of the Township of Minden Hills are
hereby rescinded.
12. EFFECTIVE DATE
(12.1) This By-law shall come into force and effect on the date of passing.
READ A FIRST, Second and Third time and finally passed this 28 day of May,2020
Brent Devolin, Mayor
Victoria Bull, Clerk
\
Schedule I'A'r to By-law No.20-61
General Noise Prohibitions
l. Operations of a motor vehicle or motorized snow vehicle in a race.
2. Operation of a motor vehicle in such a way that the tires squeal.
3. Operation of a combustion engine or pneumatic device without a muffler.
4. Operation of any item of construction equipment without a muffler.
5. Operation of a vehicle in a manner that results in banging, clanking, squealing or similar sounds.
6. Operation of the horn of a vehicle or other warning device except where required or authorized, or in
accordance with good safety practice.
7. Operation of any outdoor auditory signaling device, including but not limited to outdoor paging systems,
the ringing of bells or gongs, the use of sirens, whistles or chimes, 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 practice.
8. Persistent barking or calling made by household animals and birds
9. Unusual, excessive, unwanted, disturbing noise by shouting, yelling or amplified sound.
10. Loud music that is of such a volume or nature that it is likely to disturb; or can easily be heard by an
individual who is not on the same premises.
I I . Permitting unusual, excessive unwanted, disturbing noise from the discharge of fireworks.
12. Setting off Fireworks on days other than permitted.
13. Setting off Fireworks during a fire ban.
Schedule "8" to By-law No.20-61
Exemptions from the Noise Prohibitions
1. Operation of emergency vehicles.
2. Operation of municipal service vehicles and related equipment.
3. Operation of utility service vehicles and related equipment.
4. Bicycle races.
5. Midways that have been authorizedby the Municipality.
6. Circuses that have been authorized by the Municipality.
7. Races, parades, processions, and events for ceremonial, religious or traditional purposes that have been
authorized by the police.
8. Operation of bells, chimes, carillons and clocks in churches and public buildings.
9. Cultural, recreational, educational and political events in parks and other public places.
10. Neighborhood events on municipal highways and other municipal property that have been authorized
by the Municipality.
1 l. Agricultural activities on agricultural properties.
12. The provisions of this by-law shall not apply to Municipal Events
13. "Construction" work, which includes erection, alteration, repair, dismantling, demolition,
structural maintenance, painting, moving, land clearing, earth moving, grading, 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, concreting, equipment
installation and alteration and the structural installation of construction components and
materials in any form or for any purpose, and includes any associated or related work, is exempt
between the hours of 7 AM until 7 PM.
Schedule "C)' to By-law No.20-61
Set Fine Schedule
THE CORPORATION OF THE TOWNSHIP OF'MINDEN HILLS
PART I Provincial Offences Act
By-law #20-61, to Regulate Noise within the Township of Minden Hills
Note: The penalty provision for the offences indicated above is Section 8 of By-
Law No. 20-61, a certified copy of which has been filed.
ITEM
SHORT FORM
WORDING
PROVISION
CREATING OR
DEFINING OFFENCE
SET FINE
1
Noise from combustion
engine, no muffler
Section 2.l, Schedule
A(3)
$s00.00
2
Noise from
construction equipment,
no muffler
Section 2.1, Schedule
A(4)
$s00.00
J
Noise from horn of
vehicle or warning
device
Section 2.1, Schedule
A(6)
$500.00
4
Noise from ringing
bells, gongs, sirens,
whistles
Section 2.1, Schedule
A(7\
$500.00
5
Noise from barking
dogs
Section 2.1, Schedule
A(8)
$s00.00
6
Noise from shouting,
yelling or amplified
sound
Section 2.1, Schedule
A(e)
$s00.00
7
Permitting loud music
at volume or nature
likely to disturb; or be
heard by a person not
on the same premises.
Section 2.1, Schedule
A(10)
$s00.00
8
Noise from the
discharge of fireworks
Section 2.1, Schedule
A(11)
$500.00
9
Setting off of
Consumer Fireworks on
days other than
permitted.
Section 2.3, Schedule
A(12)
$s00.00
l0
Vendor Failed to post
General Regulations
Section 4
$s00.00
1l
Fail to obtain a permit
for the discharge of
display or public
fireworks
Section 3
$500.00
t2
Cause or permit
fireworks to be set
off during a Fire Ban
Section 2.4
$s00.00
Noise Complaint Form
DATE RECEIVED IN OFFICE:
Witness:
Name:
Cell Phone Number
Mailing Address:
Phone Number:
911 Address:
911 Address
Did witness violation of General Noise Regulations:
Name:
Location at the above 91 I address:
Type ofocculrence:
Date of occurence:
Time of occurrence:
Declaration:
hereby declare that the above information is true and genuine
to the best of my knowledge. I understand that any false content will lead to cancellation of the complaint
Print Name of Complainant
I,
Print Mailing Address & Phone Number
Signature of Complainant