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The Corporation of the
Town of New Tecumseth
By-law 2011-101
(Consolidated - as amended)
Noise Control By-law
A by-law to Regulate Noise within the Town of New
Tecumseth
Consolidation
Amendment No. 4
By-law No. 2024-079
August 26, 2024
Amendment No. 3
By-law No. 2022-078
July 25, 2022
Amendment No. 2
By-law No. 2019-162
October 23, 2019
Amendment No. 1
By-law No. 2013-158
November 25, 2013
Disclaimer:
The following consolidation is an electronic reproduction made available for information only. It is not an
official version of the By-law. The format may be different, and plans, pictures, other graphics or text may be
missing or altered. The Town of New Tecumseth does not warrant the accuracy of this electronic version.
This consolidation cannot be distributed or used for commercial purposes. It may be used for other purposes,
only if you repeat this disclaimer. Official versions of all By-laws can be obtained from the Town's
Administration Department by calling (705) 435-3900.
E&OE
Current to Amendment No. 16
THE CORPORATION OF THE TOWN OF
NEW TECUMSETH
BY-LAW
Number 2011-101
"NOISE CONTROL BY-LAW"
A by-law to Regulate Noise within the Town of New Tecumseth
and to repeal By-law 95-67
WHEREAS Section 128 of The Municipal Act 2001, S.O. 2001, c. 25, as amended,
provides authority for municipalities to prohibit and regulate with respect to public
nuisances, including matters that, in the opinion of Council, are or could become or cause
public nuisances;
AND WHEREAS Section 129 of The Municipal Act, 2001, S.O. 2001, c. 25, as
amended, provides authority for municipalities to prohibit and regulate noise and vibration;
AND WHEREAS the people have a right to and should be ensured an environment
free from unusual, unnecessary, or excessive sound or vibration which may degrade the
quality and tranquillity of their life or cause nuisance;
AND WHEREAS the Council of the Corporation of the Town of New Tecumseth
deems it necessary and expedient to regulate or prohibit noise within the town which is
likely to disturb the inhabitants and become a public nuisance;
NOW THEREFORE the Council of The Corporation of the Town of New Tecumseth does
hereby enact as follows:
1.
TITLE:
1.1
This By-law shall be known and may be cited as the "Noise Control By-law."
2.
DEFINITIONS:
For the purpose of this By-law:
2.1
"Construction" includes the erection, alteration, repair, dismantling, demolition,
structural maintenance, painting, moving, land clearing, earth moving, grading,
excavating, blasting, rock crushing, the laying of pipe and conduit whether above
or below ground level, street and highway building, concreting, equipment
installation and alteration and structural installation of construction components
and materials in any form or for any purpose, and includes work in connection
therewith;
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By-law No. 2024-079, August 26, 2024
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Noise Control By-law
2.2
"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;
2.3
"Council" means the Council of the Corporation of the Town of New Tecumseth;
2.4
"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 motorized vehicles and includes
the area between the lateral property lines thereof:
2.5
"Motor Vehicle" includes an automobile, a motorcycle, a motor-assisted bicycle,
and any other vehicle propelled or driven otherwise than by muscular power, but
does not include a street car or other motor vehicle running only upon rails, a
power-assisted bicycle, a motorized snow vehicle, off road vehicle, all terrain
vehicle, a traction engine, a farm tractor, a self-propelled implement of husbandry
or a road-building machine;
2.6
"Motorized conveyance" means a conveyance propelled or driven otherwise than
by muscular, gravitational or wind power;
2.7
"Noise" means unwanted sound
2.8
"Officer" means a Municipal Law Enforcement Officer, a Police Officer or other
person appointed by a by-law to enforce the provisions of this by-law;
2.9
"Person" means any human being, association, firm, partnership, incorporated
company, corporation, agent or trustee, and the heirs, executors or other legal
representatives of a person to whom the context can apply, according to law;
2.10
"Point of reception" means any point on the premises of a person where sound or
vibration originating from other than those premises is received;
2.11
"Town" means The Corporation of the Town of New Tecumseth.
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3.
GENERAL PROHIBITIONS:
3.1
No person shall emit or cause or permit the emission of noise resulting from any
activity listed in Schedule "A", attached hereto, if clearly audible at a point of
reception.
4.
PROHIBITIONS BY TIME:
4.1
No person shall emit or cause or permit the emission of noise resulting from any
activity listed in Column 1 of Schedule "B", attached hereto, and which noise is
clearly audible at a point of reception within a prohibited time shown in Column 2.
5.
EXEMPTION FOR PUBLIC SAFETY:
5.1
Notwithstanding any other provision of this By-law, it shall be lawful to emit or
cause or permit the emission of noise or vibration in connection with emergency
measures undertaken:
5.1.1
for the immediate health, safety or welfare of the inhabitants or any of them;
or
5.1.2
for the preservation or restoration of property;
unless such noise or vibration is clearly of a longer duration or nature more
disturbing, than is reasonably necessary for the accomplishment of such
emergency purpose.
6.
GENERAL EXEMPTIONS:
6.1
This By-law shall not apply to a person who emits or causes or permits the
emission of noise in connection with any of the activities listed in Schedule "C"
attached hereto this By-law.
7.
GRANT OF EXEMPTION BY COUNCIL:
7.1
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 noise or vibration for which he/she may be
prosecuted.
7.2
Details of Application for Exemption
The application mentioned in subsection 7.1 shall be made in writing and shall
contain:
7.2.1
the name, address and telephone number of the applicant
7.2.2
a description of the source and location of sound in respect of which
exemption is sought
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7.2.3
a statement of the particular provision(s) of this By-law from which the
exemption is sought
7.2.4 the period of time, of a duration not in excess of six (6) months, for which
the exemption is sought;
7.2.5 the reasons why the exemption should be granted;
7.2.6 a statement of the steps, if any, planned or presently being taken to bring
about compliance with this By-law.
7.3
Decision
In deciding whether 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 deems appropriate. The Council, by resolution,
may refuse to grant an exemption or may grant the exemption applied for or may
grant an exemption of lesser effect. An exemption granted shall specify the time
period, not in excess of six (6) months, during which it is effective and may contain
such terms and conditions as the Town deems appropriate.
In deciding whether to grant the exemption, Council shall consider the impact of
the noise on inhabitants in the affected area of the Town, the duration of the
proposed noise, the compliance record of the applicant in relation to this By-law
and previous decisions made by Council in similar circumstances.
7.3.1
Notwithstanding Section 7.2.4 and Section 7.3 an exemption of longer than
six (6) months may be granted for any large-scale commercial or industrial
projects that cannot reasonably be completed within six (6) months, said
exemption to be subject to additional conditions as Council may impose
7.4
Breach
Breach by the applicant of any of the terms or conditions of any exemption granted
by Council shall render the exemption null and void.
7.5
Delegation of Authority for Certain Noise By-law Exemptions-Private Usage
7.5.1 Any person may make an application to the Manager of Municipal Law
Enforcement Department or his/her designate for an exemption from the
provisions of this By-law related to a time-limited private functions or
activities or special events.
7.5.2 An exemption shall specify the time period during which it is effective and
may contain such terms and conditions as the Manager, Municipal Law
Department sees fit.
7.5.3 Applications shall be made by the owner of the land of the source of the
sound. Applicants shall fill out Schedule "D" of this By-law.
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7.5.4 The application shall contain:
(a) the name, address and phone number of the applicant, address of the
property that will be the source of the sound;
(b) a description of the source of the sound;
(c) a statement of the particular provisions or provisions of the by-law which
exemption is sought;
(d) the time of day and the period of time, of duration not in excess of one
(1) week, during which the exemption is sought;
(e) the reasons why the exemption should be granted and,
7.5.5 The Manager, Municipal Law Enforcement may grant or refuse to grant any
exemption request and may impose conditions as may be determined to be
appropriate- for example without limiting the generality of the forgoing:
signage on the property indicating the details of the exemption and prior
public notice to affected properties in which the Manager will determine the
appropriate distance.
7.5.6 Where an exemption is granted, breach of any condition of the exemption
will immediately render the exemption null and void.
8.
ENTRY AND INSPECTION:
8.1
An Officer may at any time, enter onto land to determine whether this By-law is
being complied with.
8.2
Every owner shall permit the Officer to inspect any land for the purposes of
determining compliance with this By-law.
8.3
Notwithstanding any provision of this By-law, an Officer shall not enter or remain in
any room or place actually being used as a dwelling, unless:
8.3.1 the consent of the occupier is obtained, the occupier first having been
informed that the right of entry may be refused and, if refused, may only be
made under the authority of a warrant issued under the Provincial Offences
Act, R.S.O. 1990, c.P.33, as amended.
8.3.2 a warrant issued under the provincial Offences Act, R.S.O. 1990, c. P.33,
as amended, is obtained.
9.
OBSTRUCTION:
9.1
No person shall hinder or obstruct, or attempt to hinder or obstruct, any Officer
exercising a power or performing a duty under this By-law.
9.2
Any person who has been alleged to have contravened any of the provisions of this
By-law, shall identify themselves to the Officer upon request, failure to do so shall
be deemed to have obstructed or hindered the Officer in the execution of his
duties.
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10.
PENALTY:
10.1
Any person who contravenes any of the provisions of this By-law is guilty of an
offence and upon conviction is liable to a fine as provided for in the Municipal Act,
2001, S.O. 2001, c. 25, as amended.
11.
SEVERABILITY:
11.1
If any court of competent jurisdiction declares any section or part of this By-law to
be invalid, such section or part of a section thereof shall be deemed to be
severable and all other sections or parts of this By-law shall be deemed to be
separate and independent there from and to be enacted as such and the
remainder of the By-law shall be valid and shall remain in force.
12.
REPEAL OF BY-LAWS:
12.1
That By-law 95-67 is hereby repealed.
13.
EFFECTIVE DATE:
13.1
That 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 19th DAY
OF SEPTEMBER, 2011
___________________________________
MAYOR
___________________________________
CLERK
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Noise Control By-law
SCHEDULE "A"
GENERAL PROHIBITIONS
The following activities are subject to prosecution pursuant to Section 3 of the By-law, if
clearly audible at a point of reception:
1.
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;
2.
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;
3.
The operation of any construction equipment, combustion engine or pneumatic
device without an exhaust or intake muffling device in good working order and in
constant operation;
4.
Racing of any motorized conveyance other than in a lawful racing event;
5.
The operation of a motor vehicle or motorized conveyance in such a way that the
tires squeal;
6.
The operation of a motor vehicle or motor vehicle with a trailer resulting in banging,
clanging, squealing or other like sounds due to improperly secured load or
equipment, or inadequate maintenance;
7.
The operation of a motorized conveyance or motor vehicle horn or other warning
device except where required or authorized by law or in accordance with good
safety practices;
8.
The operation of an air conditioner, water pump, pool pump or filter, heat pump or
the like that is not in proper working order;
9.
Ringing bells, blowing or sounding any horn, yelling, shouting, or hooting.
10.
All selling or advertising by shouting or outcry or amplified sound;
11.
Detonation of explosives.
12.
Activities that produce sound of such nature that is unwanted, on-going, persistent,
unusual, repetitive, a public nuisance, that is likely to disturb the inhabitants of the
Town.
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SCHEDULE "B"
PROHIBITION BY TIME
The following activities are subject to prosecution pursuant to Section 4 of the By-
law, if clearly audible at a point of reception:
Column 1
Column 2
Item
Activity
Prohibited Period of Time
For Each Day is:
1.
Construction or maintenance activities other
than snow removal
Monday to Friday
7:00 p.m. to the following 7:00
a.m.*
Saturday
7:00 p.m. to 11:59 p.m.
Sunday & Statutory Holidays
At all times to the following 7:00
a.m.
1.1
Golf Course grass cutting
Monday to Friday
7:00 p.m. to the following 6:00
a.m.
Saturday
7:00 p.m. to 11:59 p.m.
Sunday & Statutory Holidays
At all times to the following 6:00
a.m.
2.
Operation of construction equipment
Monday to Friday
7:00 p.m. to the following 7:00
a.m.*
Saturday
7:00 p.m. to 11:59 p.m.
Sunday & Statutory Holidays
At all times to the following 7:00
a.m.
3.
Operation of domestic equipment including
lawnmowers and garden tillers
Sunday to Friday
9:00 p.m. to the following 8:00
a.m.
Saturday
9:00 p.m. to the following 9:00
a.m.
Sunday & Statutory Holidays
9:00 p.m. to the following 9:00
a.m.
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SCHEDULE "B"
PROHIBITION BY TIME
(CONTINUED)
Column 1
Column 2
Item
Activity
Prohibited Period of Time
For Each Day is:
4.
Any noise arising from a compression
release engine brake and the operation of a
compression release engine brake
Sunday to Saturday
9:00 p.m. to 7:00 a.m.
*For construction that occurs over a normal and reasonable period of time. Construction projects
in excess of three years duration would require an exemption from Council
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SCHEDULE "C"
GENERAL EXEMPTIONS
The following activities are considered to be exempt from the provisions of this By-law:
1.
The sirens or noises associated with essential services, all activities of the Town,
the County of Simcoe, the Province of Ontario, any utility provider, or their servants
or agents associated with the provision of maintenance or essential services;
2.
Activities directly associated with the conduct of Town-sanctioned public or private
special events including the detonation of fireworks
3.
The use of vehicles, equipment and construction equipment when utilized for the
clearing of snow from public and private property;
4.
The noise caused by farm equipment performing any farm operations;
5.
The ringing of bells, chimes or clocks associated with religious or public buildings
or uses;
6.
Generators for the purpose of power outages.
7.
Work carried on by the Town or its agents, contractors, servants or employees,
acting within the scope of their contract or employment;
8.
The performance of any use permitted in an Industrial Zone as set out in any by-
law in force from time to time passed pursuant to S. 34 of the Planning Act, R.S.O.
1990, p. 13, or any predecessor or successor of that section, and further that the
noise generated is pursuant to work done in the normal manner and that the work
does not contravene any federal, provincial or municipal laws or regulations.
9.
During an emergency involving the health, safety or welfare of the public.
Page 10 of 11
SCHEDULE "D"
NOISE CONTROL BY-LAW - BY-LAW 2011-101, AS AMENDED
NOISE CONTROL BY-LAW EXEMPTION APPLICATION
1. Preamble
The undersigned ("the applicant") hereby requests the Town of New Tecumseth to
consider this application for an exemption from provisions contained in the Town of
New Tecumseth Noise Control By-law 2011-101, as amended.
2. Applicant/Property Owner
Applicant/Agent:_____________________________________________________
Address:___________________________________ Postal Code: ____________
Phone: _____________________________Email:_______________________
Owner(s) Name_____________________________________________________
Address:___________________________________ Postal Code: ____________
Phone:________________________________Email:_______________________
3. Address of Event:
________________________________________________________________
4. Description of noise anticipated and the source(s) of the noise:
_______________________________________________________________
__________________________________________________________________
5. Time of day noise anticipated:
________________________________________________________________
6. Date(s) for which an exemption is being sought:
_________________________________________________________________
__________________________________________________________________
7. Explain why existing by-law provisions cannot be complied with:
__________________________________________________________________
__________________________________________________________________
As a result of making this application, the undersigned acknowledges, covenant and
agrees to adhere to all Provincial Public Health Restrictions as of the date of this
application and to indemnify and save harmless the Town of New Tecumseth from any
liability for medical issues arising from the processing of this application howsoever
arising.
_____________________________ ____________________________
Signature of applicant or agent
Date
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