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By-law Number 2014-12 Noise
Page 1
BY-LAW NO. 2014-12
BEING A BY-LAW TO PROVIDE FOR THE REGULATION AND
PROHIBITION OF UNUSUAL NOISES FOR NOISES LIKELY TO
DISTURB THE PUBLIC AND FOR THE PREVENTION OF PUBLIC
NUISANCES
WHEREAS it is deemed expedient to exercise the power conferred upon the Council by
the Municipal Act, 2001, S.O. as amended, and other statutory authority;
AND WHEREAS the people have a right to and should be ensured an environment free
from unusual, unnecessary, or excessive sound or noise which may degrade the quality
and tranquility of their life or cause nuisance;
NOW THEREFORE the Council of the Corporation of the Township of Nairn and Hyman
enacts as follows:
Interpretation
1.
In this by-law:
"construction" includes erection, alteration, repair, dismantling, demolition,
structural maintenance, painting, moving, land clearing, earth moving, grading,
excavating, the laying of pipe, 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 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, scrapes, pavers, generators, off-
highway haulers or trucks, ditchers, compactors and rollers, pumps, concrete
mixers, graders, or other material handling equipment;
"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 the premise of a person;
"council" means the Council of the Corporation of the Township of Nairn and
Hyman;
"firearm" means any gun, including an air, pellet or spring gun, and a long-bow
and a cross-bow;
"highway" includes a common and public highway, street, avenue, parkway,
driveway, square, place, 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;
By-law Number 2014-12 Noise
Page 2
"motor vehicle" 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 railway, or other motor vehicles running only upon rails,
or a motorized snow vehicles, traction engine, farm tractor, self-propelled
implement of husbandry or road-building machine within the meaning of the
Highway Traffic Act, R.S.O. 1990, c.H.8, as amended;
"municipality" means the Corporation of the Township of Nairn and Hyman;
"noise" means sound that is of such a nature that it is likely to disturb the
inhabitants of the Township of Nairn and Hyman or any of them;
"point of reception" means any point on the premises of a person where sound
originating from any other than those premises is received;
"residential area" means an area designated as residential in the Zoning By-law
of the Township of Nairn and Hyman, as may be amended from time to time;
"statutory holiday" means New Year's Day, Good Friday, Victoria Day, Canada
Day, Labour Day, Thanksgiving Day, Christmas Day and Boxing Day.
General Prohibitions
2.
No person shall emit or cause or permit the emission of sound resulting from any
act listed in Schedule 1 - General Prohibitions, and which sound is clearly
audible at a point of reception.
Prohibitions by Time
3.
No person shall emit or cause or permit the emission of sound resulting from any
act listed in Schedule 2 - Prohibition by Time, if clearly audible at a point of
reception within a prohibited time shown.
Exemption - Public Safety
4.
Notwithstanding any other provision of this by-law, it shall be lawful to emit or
cause or permit the emission of sound in connection with emergency measures
undertaken:
a)
for the immediate health, safety or welfare of the inhabitants of the
Municipality or any of them; or,
b)
for the preservation or restoration of property unless such sound is clearly
of a longer duration or by nature more disturbing, than is reasonably
necessary for the accomplishment of such emergency purpose, as
determined by the Municipal By-law Enforcement Officer for the
municipality.
Exemptions Granted by the Municipality
Application to the Municipality
5.
(1)
Notwithstanding anything contained in this by-law, any person may make
application to the Municipality for an exemption from any of the provisions
of this by-law with respect to any source of sound and the Municipality
may refuse to grant any exemption or may grant the exemption applied for
or any exemption of lesser effect and any exemption granted shall specify
a time period, not in excess of six months, during which it is effective and
may contain such terms and conditions as the Municipality deems
appropriate.
By-law Number 2014-12 Noise
Page 3
Details of Application for Exemption
(2)
The application mentioned in subsection (1) shall be made in writing in the
form attached as Schedule 4, and shall contain:
a)
the name, address and telephone number of the applicant;
b)
a description of the source and location of sound in respect of
which exemption is sought;
c)
a statement of the particular provision or provisions of this by-law
from which exemption is sought;
d)
the period of time, of a duration not in excess of six months, for
which the exemption is sought;
e)
the reasons why the exemption should be granted;
f)
a statement of the steps, if any, planned or presently being taken to
bring about compliance with this by-law.
Breach
(3)
A breach of any of the terms or conditions of an exemption granted by the
Municipality that is caused or permitted by the applicant shall render the
exemption null and void.
Exemption of Activities
6.
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 activities listed in Schedule 3.
Exemption of Normal Farm Practices
7.
This by-law shall not apply to a person who emits or causes or permits the
emission of sound in connection with normal farming practices within the
meaning of the Farming and Food Production Protection Act, 1998, S.O. 1998,
c.1, as amended.
Severability
8.
If a court of competent jurisdiction should declare any section or part of a section
of this by-law to be invalid, such section or part of a section shall not be
construed as having persuaded or influenced Council to pass the remainder of
the by-law and it is hereby declared that the remainder of the by-law shall be
valid and shall remain in force.
Enforcement
9.
This by-law shall be enforced by members of the Township of Nairn and Hyman
By-law enforcement officer.
Penalty
10.
Every person who contravenes any of the provisions of this by-law is guilty of an
offence and shall, upon conviction thereof, forfeit and pay a penalty of not more
than $5,000.00, exclusive of costs and every such fine is recoverable under the
Provincial Offences Act, R.S.O. 1990, c.P.33.
By-law Number 2014-12 Noise
Page 4
11.
This by-law shall come into full force and effect on the date of final passing.
Read a first and second time this 3rd day of February, 2014.
Read a third time and passed in open Council this 3rd day of February, 2014.
(Original Signature on File)
_________________________
Mayor
(Original Signature on File)
_________________________
Clerk
By-law Number 2014-12 Noise
Page 5
Township of Nairn and Hyman
By-law # 2014-12
SCHEDULE 1
General Prohibitions
1.
Racing of any motorized vehicle other than in a lawful racing event.
2.
The operation of a motor vehicle in such a way that the tires squeal.
3.
The operation of any combustion engine, pneumatic device or construction
equipment without an effective exhaust or intake-muffling device in good working
order and in constant operation.
4.
The operation of a motor vehicle or a moter vehicle with a trailer resulting in
banging, clanking, squealing or other sounds due to improperly secured load or
equipment, or inadequate maintenance.
5.
The operation of an engine or motor in, or on, any motor vehicle or item of
attached auxillary equipment for a continuous period exceeding five minutes,
anywhere within the geographic area of the Township of Nairn and Hyman,
where the point of reception is in a Residential Area unless:
(i)
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
(ii)
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
contrete trucks, lift platforms or refuse compactors; or
(iii)
weather conditions justify the use of heating or refrigerating systems
powered by the motor or engine for the safety and welfare of the operator,
passengers or animals, or the preservation of perishable cargo, and the
vehicle is stationary for purposes of delivery or loading; or
(iv)
prevailing low temperatures make longer idling periods necessary,
immediately after starting the motor or engine; or
(v)
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.
6.
The use of any mechanical equipment that is not operating or being maintained
in accordance with the manufacturers specifications resulting in noise other than
that emitted in the normal operation of the equipment.
7.
The operation of a motor vehicle horn or other warning device except where
required or authorized or in accordance with good safety practices.
8.
The operation of a stereo or other electronic device designed to amplify sound in,
or on, a motor vehicle in such a way that the sound can easily be heard outside
of the motor vehicle.
By-law Number 2014-12 Noise
Page 6
Township of Nairn and Hyman
By-law # 2014-12
SCHEDULE 2
PROHIBITIONS BY TIME
1. 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 to authorize by
law or in accordance with good safety practices.
Monday - Saturday
Between 11:00 p.m. & 7:00 a.m.
Sunday and Statutory Holidays
- at all times.
2. The operation of any electronic device or group
of connected electronic devices incorporated
one or more loudspeakers or other
electromechanical transducers, and intended for
the production, reproduction or amplification of
sound in a residential area.
Monday - Saturday
Between 11:00 p.m. & 7:00 a.m.
Sunday and Statutory Holidays
- at all times.
3. All selling or advertising by shouting or outcry or
amplified sound.
Monday - Saturday
Between 11:00 p.m. & 7:00 a.m.
Sunday and Statutory Holidays
- at all times.
4. Loading, unloading, delivering, 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.
Monday - Saturday
Between 11:00 p.m. & 7:00 a.m.
Sunday and Statutory Holidays
- at all times.
5. The operation of any construction equipment in
connection with construction.
Monday - Saturday
Between 11:00 p.m. & 7:00 a.m.
Sunday and Statutory Holidays
- at all times.
6. The operation of a combustion engine which,
i) is,
ii) is used in, or
iii) is intended for use in,
a toy or model or replica of a larger device,
which model or replica has no function other
than amusement and which is not a conveyance.
Monday - Sunday
Between 11:00 p.m. & 7:00 a.m.
Including Statutory Holidays.
7. The operation of any motorized conveyance
other than on a highway or other place intended
for its operation.
Monday - Sunday
Between 11:00 p.m. & 7:00 a.m.
Including Statutory Holidays.
8. The venting, release or pressure relief of air,
Monday - Saturday
Between 11:00 p.m. & 7:00 a.m.
Sunday and Statutory Holidays
- at all times.
9. Persistent barking, calling or whinning by any
dog or other persistent noise making by any pet.
At all times.
10. The operation of any powered or non-powered
tool for domestic purposes other than snow
removal.
Monday - Sunday
Between 11:00 p.m. & 7:00 a.m.
Including Statutory Holidays.
11. The operation of solid waste bulk lift or refuse
compacting equipment.
Monday - Saturday
Between 11:00 p.m. & 7:00 a.m.
Sunday and Statutory Holidays
- at all times.
12. Yelling or shouting.
At all times.
By-law Number 2014-12 Noise
Page 7
13. The discharge of firearms, other than as part of
an otherwise lawful hunt, gun club or where
such discharge has agricultural purposes.
At all times.
14. The detonation of fireworks or explosive devices
Not used in construction.
At all times except for the
celebration of Victoria Day, the
birthday of the reigning
Sovereign, Canada Day (July
1st)
15. The operation of a racing event licensed by the
Municipality.
Monday - Saturday
Between 11:00 p.m. & 7:00 a.m.
Sunday and Statutory Holidays
- at all times.
By-law Number 2014-12 Noise
Page 8
Township of Nairn and Hyman
By-law # 2014-12
SCHEDULE 3
ACTIVITIES TO WHICH THE BY-LAW DOES NOT APPLY
A list of sources (activities) shall constitute this Schedule and shall specify those events
which Council considers to be exempt from the provisions of the By-law.
(i)
Road and bicycle races authorized by the Township of Nairn and Hyman.
(ii)
Regimental salutes.
(iii)
Parades authorized by the Township of Nairn and Hyman.
(iv)
Fireworks displays authorized by the Township of Nairn and Hyman.
(v)
Midways and circuses authorized by the Township of Nairn and Hyman.
(vi)
Sporting, recreational and entertainment events in public parks, buildings or
grounds authorized by the Township of Nairn and Hyman.
(vii)
Musical and other performances in public parks, buildings or grounds authorized
by the Township of Nairn and Hyman.
(viii)
Special neighbhourhood social actitivies on streets or other public land
authorized by the Township of Nairn and Hyman.
(ix)
The discharge of firearms by Police Officers acting in the due performance of
their duties.
(x)
Transformers and diesel operated water pumps owned by the Township of Nairn
and Hyman and necessary preventive maintenance work undertaken by the
Public Works Department.
(xi)
Necessary municipal operations, including but not limited to snow clearing, street
cleaning and garbage collection, undertaken by on on behalf of the Township of
Nairn and Hyman.
(xii)
Snow removal that is essential for the normal operation of a business.
(xiii)
Church clocks striking the hour and chimes ringing and the playing of any
carillon.
By-law Number 2014-12 Noise
Page 9
Township of Nairn and Hyman
By-law # 2014-12
SCHEDULE 4
NOTICE OF INTENTION AND
APPLICATION FOR EXEMPTION
Name:________________________________________________________________
Address:______________________________________________________________
______________________________________________________________
Source and location of sound:______________________________________________
Applicable by-law section:_________________________________________________
______________________________________________________________________
Time period of expemption
From:_________________________ 20_____, to ________________________20__.
Reason for expemption:___________________________________________________
______________________________________________________________________
Attempts to comply:______________________________________________________
______________________________________________________________________