Noise By-law 2024-08

Newmarket, Ontario

This is the exact embedded text of the captured official document. Snapshot 0704c89d1367 · verified 2026-06-09 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

Newmarket Corporation of the Town of Newmarket By-law 2024-08 A By-law to Prohibit or regulate unusual Noises or Noises likely to disturb the Inhabitants oT the Town of Newmarket. Whereas section 129 of the Municipal Act, 2001 authorizes municipalities to pass by-laws to prohibit and regulate Noise or Sounds; And whereas section 128 of the Municipal Act, 2001 authorizes a local municipality to prohibit and regulate matters that, in the opinion of Council, are or could be become public nuisance; And whereas section 429 (1) of the Municipal Act, 2001 provides that a municipality may establish a system of fines for an offence under a by-law passed under the Act. Therefore, be it enacted by the Council of the Corporation of the Town of Newmarket as follows: 1.0 Title This By-law may be known and cited for all purposes as the "Noise By-law 2024-08". 2.0 Definitions "Applicant" means a Person applying for a Noise-permit under this by-law; "Appeals Committee" means the Appeals Committee established by the Town; "Business" means an enterprise conducted by a person on lands zoned by the Town for employment/commercial use or as otherwise permitted by the Town's Zoning By-law; "Council" means the Council of the Corporation of the Town of Newmarket; l'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; "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, trucks, ditchers, compactors and rollers, pumps, concrete mixers, graders or other material handling equipment; Noise Bylaw 2024-08 Page I of 14 "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 with the Premises of a Person. "Dwelling" means a house, apartment, or other place of Residence; "Director" means the Director of Legislative Services and his or her designate or successor; "Emergency" means a situation or an impending situation, often dangerous, caused by the forces of nature, an accident, an intentional act or otherwise, which arises suddenly and calls for prompt action; "Emergency Vehicle" includes a land ambulance, an air ambulance, a fire department vehicle, a police vehicle, and a Motor Vehicle being used to respond to an emergency; "Event" an event open to the public, including a public fair, public exhibition, public celebration, public sporting event, public concert; or a school board event; or an event not open to the public but does not include private house parties; "Fees and Charges" means the General Fees and Charges By-law, as amended for the Legislative Services Department; "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 general public for the passage of vehicles "lnfill Housing" means a development that occurs on a single lot, or a consolidated number of small lots or sites that are vacant or underdeveloped; "Inhabitants" means one or more Persons who reside in the Town; "Motor Vehicle" includes an automobile, bus, truck, motorcycle, motor assisted bicycle and any other vehicle propelled or driven other than by muscular power, but does not include a motorized snow vehicle, traction engine, farm tractor, other farm vehicle or road-building machine; "Motorized 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 Premises of a Person or if propelled or driven only by muscular, gravitational or wind power; "Noise" means Sound or vibration that is of such volume, level or nature that it is unusual and likely to disturb the inhabitants of the Town." "Officer" means a Police Officer as defined under the Police Services Act, R.S.0. 1990, c. P15, as amended, an individual appointed by the Town as a Municipal Law Enforcement Officer pursuant to section 15 of the Police Services Act, as amended, or any other individual designated by the Town to enforce this By-law; Noise Bylaw 2024-08 Page 2 of 14 "Owner" means the Property Owner, authorized agent, lessee, or occupier of the Premises upon which the Noise or Sound is being located; "Person" includes a corporation, organization, association, partnership and shall include the Owner of a property; "Premises" means a piece of land and any buildings and structures on it, and includes a place of business, a public Highway, private road, lane, pathway and sidewalk, and any other location or place; and shall include dwelling in a multi- residential building. "Point of Reception" means any point on the Premises where Sound originating from other than those Premises is received; "Quiet Zone" means area within 100 m used as a hospital, retirement home, nursing home, senior citizens Residence, or other similar use and the distance will be measured from the point of origin. ilRegion" means the Corporation of the Region of York "Residence" means any property within the municipality which is zoned for residential uses by an applicable Zoning By-Law or which is used in whole or in part for human habitation. "Sound" the sensation produced by stimulation of the organs of hearing by vibrations transmitted through the air or other medium "Statutory Holiday" includes Boxing Day and any day within the definition of "holiday" in the Retail Business Holidays Act R.S.0. 1990, Ch. R.30, as amended, or any successor thereof; "Town" means the Corporation of the Town of Newmarket. "Zone" means the area of a defined land use in the Town Zoning By-law passed under the Planning Act, as amended, from time to time; "Zoning By-law" means a by-law passed under section 34 of the Planning Act that restricts the use of land. 3.O Administration 3.1 Interpretation: (a) A word interpreted in the singular number has a corresponding meaning when used in the plural. (b) The imperial measurements found in this By-law in brackets are provided for information only and are intended to be an approximate conversion of the metric measurements. The metric or Standard International measurements shall be deemed to be the standards established by this By-law and, wherever there is a variance between the metric or Sl measurements and the imperial measurements, the metric or Sl Noise Bylaw 2024-08 Page 3 of 14 measurements shall apply. 3.2 This By-law shall be administered by the Director of Legislative Services. 4.0 General Prohibitions 4.1 No Person shall make, cause or permit the emission of Noise or Sound, which Noise or Sound is clearly audible at Point of Reception which is likely to disturb the quiet, peace, rest, enjoyment, comfort or convenience of the Inhabitants of the Town. 4.2 No Business shall make, cause or permit the emission of Noise or Sound, which Noise or Sound is clearly audible at Point of Reception which is likely to disturb the quiet, peace, rest, enjoyment, comfort or convenience of the Inhabitants of the Town. 4.3 For the purposes of this By-law and without limiting the generality of the foregoing, the following Noises or Sounds shall be deemed to be Noises or Sounds likely to disturb any Person in the Town: (a) the operation of a Motor Vehicle in such a way that tires squeal; (b) the operation of any combustion engine or pneumatic device without an effective exhaust or intake muffling device in constant operation; (c) the operation of a motor vehicle or a motor vehicle with a trailer resulting in banging, clanking, squealing or other like Noises or Sounds; (d) the use of a horn, whistle, alarm, bell, gong or the like, except for an auditory safety or warning device or chimes used in association with a religious establishment; (e) theoperationofanairconditioner,poolpumporfilter,heatpump or the like that is not in proper working order; (f) the Noise or Sound caused by a burglar alarm or similar security device which is permitted to continue for more than ten (10) minutes where there is not an Emergency, breach of the peace or similar incident; (g) theoperationofrooftopunitsthatarenotinproperworkingorder. (h) The operation of a sound emitting pest control device. 5.O Hours of Operation By Time and Area 5.I No Person shall make or permit the emission of Noise or Sound resulting from any act listed in the "Schedule A" if clearly audible at a Point of Reception located in a prescribed area of the municipality within a prohibited time shown for such an area. Noise Bylaw 2024-08 Page 4 of 14 6.O Exemptions 6.1 This By-law does not apply to Noise or Sound emitted or caused or permitted in connection with: (a) a matter of public necessity or public Emergency; (b) Measures undertaken by the Town, its servants, employees, contractors or agents to carrying out Town operations or to operate, maintain or install municipally-owned infrastructure, facilities or the like, or to deliver municipal services; (c) measures undertaken by the Region, its servants, employees, contractors or agents to carrying out Region operations or to operate, maintain or install regionally-owned infrastructure, facilities or the like, or to deliver regional services. (d) a vehicle of the York Region Police Service, provincial or federal police, Central York Fire Services, or York Region Paramedics Services, while in performance of their duty; (e) the operation of machines and equipment by or on behalf of the Town, including but not limited to snow removal equipment, road cleaning equipment, grass cutting or field maintenance equipment, tree and shrub pruning and mulching equipment, painting machines for crosswalks and Highways; (f) thecollectionordisposaloTgarbage,wasteorrecyclablematerial by or on behalf of the Town; (g) signalling devices utilized as traffic and pedestrian control devices at intersections and crosswalks; (h) the operation of equipment in conjunction with Town Construction projects, Town general maintenance projects, and Town Emergency maintenance projects; necessary municipal work and Emergency work that cannot be performed during regular business hours; (j) the discharge of consumer fireworks, display fireworks or pyrotechnic special effects fireworks if such discharge complies with the Town's Fireworks By-law; (k) bells, chimes, carillons or clocks associated with religious or public buildings uses including schools; activities from industrial uses located in lands zoned for industrial use if Noise or Sound is in accordance with the terms and conditions of a valid Certificate of Approval, provisional Certificate of Approval or other approval issued under the Environmental Protection Act, R.S.O. 1990, c. E.19, where such approval addresses Noise or Sound as a source of contamination; Noise Bylaw 2024-08 Page 5 of 14 (m) operation of machinery by or on behalf of a public utility where work needs to be done to minimize service interruptions; (n) a military or other band in a parade if the parade is operating under written permission of the Town; (o) the use in a reasonable manner of Motor Vehicles and when utilized for the clearing and the removal of snow from roadway on private property; or (p) Construction or an Event for which a valid temporary Noise permit has been issued, but only if the terms and conditions of the temporary Noise permit are complied with. 6.2 Despite any provision of this By-law, this By-law shall not apply where: (a) a Noise or Sound is from a facility that has been designed, developed, built, operated and maintained in accordance with the terms and conditions of a valid Certificate of Approval, provisional Certificate of Approval or other approval issued under the Environmental Protection Act, R.S.0. 1990, c. E.19, where such approval addresses Noise or Sound as a source of contamination; or (b) an order or permit has been issued under the Environmental Protection Act that addresses the Noise or Sound as a source of contamination 7.O Grant of Exemption 7.1 AnyPersonmayapplyfortemporaryNoisepermitforConstructionor for an Event from the provisions of this by-law. 7.2 An application for temporary Noise permit shall be made on the form prescribed by the Town and shall be accompanied by the non- refundable application fee in the Fees and Charges By-law. 7.3 The following power and authority is delegated to the Director with respect to Construction or an Event: (a) to issue a temporary Noise permit; (b) to issue a temporary Noise permit with imposed conditions; or (c) to refuse to issue, cancel, revoke or suspend a temporary Noise permit, 7.4 In making his or her determination under section 7.3, the Director shall: (a) determine whether the event falls within the definition of Construction or Event; Noise Bylaw 2024-08 Page 6 of 14 (b) consider any negative effects the issuance of the temporary Noise permit may have on neighbouring properties or on the Town; (c) consider any benefits the issuance of the temporary Noise permit may have for neighbouring properties or for the Town; (d) consider any previous violations of this By-law or temporary Noise permit conditions by the Applicant; and (e) consider anything reasonably and relevant. 7.5 The Director, may impose conditions on a temporary Noise permit, including but not limited to: (a) The type of volume of Noise or Sounds that may be made (b) The times during which Noise or Sounds may be made (c) The date of expiry of the temporary Noise permit (not excess of six months) (d) Notification be prepared to advise the community of the Noise or Sound that will be occurring. 7.6 The Director shall circulate the application to the Mayor, Deputy Mayor & Regional Councillor, and Ward Councillors where the Event or Construction is to be held on a boundary street between Wards. 7.7 Any of the above-mentioned Councillors may request that the application be "bumped up" to a full Committee of the Whole for consideration. 7.8 The Director shall issue a permit if all of the following conditions have been met: (a) Those notified under section 7.6 have either: Not responded within the date determined by the Director of the notice; or Responded indicating that they have no objection to the application being approved. (b) The Applicant has complied with all terms and conditions of approval of the last permit issued to them under this section, if any. (c) The Applicant has provided the following: i. the name and address of the Applicant; the date, time( not in excess of six months) and location of the Event or activity for which the temporary Noise Noise Bylaw 2024-08 Page 7 of 14 permit is sought and, where applicable the number of people expected to attend; iii. the purpose of which the permit is required; a description of any Noise or Sound or Construction Equipment to be used; v. the name, address and telephone number of at least one contact Person who will supervise the Event or activity; a written undertaking that one or more contact Persons responsible for supervising the Event or activity will be on- site during the entire Event or activity to ensure compliance with the terms and conditions of the permit; a statement of the steps, if any, planned or presently being taken to minimize the Noise or Sound; Viii. a non-refundable application fee as set out in the Fees and Charges by-law; and a temporary Noise permit fee set out in the Fees and Charges by-law, refundable if the application is not approved. (d) A Noise permit issued under section 7.2 shall be subject to the following terms and conditions: No Noise or Sound or Construction Equipment other than the equipment approved under the permit shall be used by the Applicant; The Event or activity shall be restricted to the approved location; and The permission granted is for the date and times for the Event or activity as set out in the permit. 7.9 Upon issuance of a temporary Noise permit the Director may undertake to notify the York Regional Police Service of the permit and its conditions, if any. 7.10 Where the Director has made a decision under Section 7.3 (c) notice in writing shall be given of that decision to the Applicant by regular mail to the last known address of that Person. The written notice shall: (a) set out the grounds for the decision; (b) give reasonable particulars of the grounds; (c) be signed by the Director; and Noise Bylaw 2024-08 Page 8 of 14 (d) an Applicant may request a review of the Noise permit decision of the Director within fourteen (14) calendar days of the decision to the Appeals Committee. 7.11 The request for review is made by filing a written request for review, on a form approved by the Director, to the Appeals Committee. The Appeals Committee may authorize the Noise permit from the provisions of this By-law, provided that in the opinion of the Appeals Committee it is established that the requirements in section 7.4 are met. 7.12 A decision ofthe Appeals Committee is final and binding. 7.13 AnapplicationforaNoisepermitthatexceeds6monthsshallbe forwarded to Council, along with a report by the Director, for approval. 7.14 A decision of Council is final and binding. 8.0 Order 8.1 If an 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. 8.2 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 by which there must be compliance with the order. 8.3 No Person shall contravene an Order to Discontinue Activity. 9.O Service of Order 9.1 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 fifth day after it is mailed. 10.O PowerofEntry 10.I The Town may enter on land at any reasonable time for the purpose of carrying out an inspection to determine whether or not the following are being complied with: (a) the provisions of this By-law; Noise Bylaw 2024-08 Page 9 of 14 (b) an Order issued under this By-law; or (c) an Order made under Section 431 of the Act. 10.2 Where an inspection is conducted by the Town, the Person conducting the inspection may: (a) require the production of documents or relevant items for inspection; (b) inspect and remove documents or things relevant to the inspection for the purpose of making copies and extracts; (c) require information from any Person concerning a matter related to the inspection including their name, address, phone number and identification; and (d) alone or in conjunction with a Person possessing special or expert knowledge, make examinations or take tests, samples or photographs necessary for the purpose of inspection. 10.3 The Town may undertake an inspection pursuant to an Order issued under Section 438 of the Act. 10.4 The Town's power of entry may be exercised by an employee, inspector or agent of the Town or by a member of a police force with jurisdiction, as well by any Person under his or her direction. 10.5 No Person shall hinder or obstruct, or attempt to hinder or obstruct, a Municipal Law Enforcement Officer, or a Police Officer from carrying out inspections of land to ensure compliance with this By-law. 10.6 The fees imposed constitute a debt of the Person to the Town. The Town Treasurer may add 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. 10.7 NoPersonshallhinderorobstruct,orattempttohinderorobstruct,any Person who is exercising a power or performing a duty under this By- law, including carrying out an inspection. 11.0 Rebuttal Presumption 11.1 An Owner where the Noise or Sound is being emitted from shall be presumed to have permitted, or caused to be permitted, the Noise or Sound under this By-law, as the case may be, which presumption may be rebutted by evidence to the contrary on a balance of probabilities. 12.O Penalties 12.1 Every Person who contravenes any provision of this By-law are liable to the fines and administrative fees set out under the Administrative Monetary Penalty System By-law 2019-62 as amended. Noise Bylaw 2024-08 Page 10 of 14 12.2 Every Person who is in contravention of the provisions of this By-law may request a review of the matter in accordance with the Administrative Monetary Penalty System By-law-2019- 62. 12.3 Every Person who contravenes any provision of this By-law, including an order issued under this By-law, is guilty of an offence and upon conviction is liable to a fine as provided for the Provincial Offences Act, R.S.0. 1990, ChapterP.33, as amended. 12.4 Any Person who is in contravention of any provision of this By-law, or who fails to comply with an order issued under this By-law shall be deemed to be committing a continuing offence for each day or part of a day that the contravention remains uncorrected 12.5 If an Order has been issued under this By-law, and the order has not been complied with, the contravention of the order shall be deemed to be a continuing offence for each day or part of a day that the order is not complied with. 12.6 AnyPersonwhoisguiltyofanoffenceunderthisbylawshallbesubject to the following penalties pursuant to Part Ill of the Provincial Offences Act, R.S.0. 4990, Chapter P.33, as amended: (a) upon a first conviction, to a fine of not less than three hundred and fiffy dollars ($350.00) and not more than one hundred thousand dollars ($100,000.00); (b) upon a second or subsequent conviction for the same offence, to a fine of not less than five hundred dollars ($500.00) and not more than one hundred thousand dollars ($IO0,000.00); (c) upon conviction for a continuing offence, to a fine of not less than five hundred dollars ($500.00) and not more than ten thousand dollars ($1 0,000.00) for each day or part of a day that the offence continues. The total of the daily fines is not limited to one hundred thousand dollars ($1 00,000.00); (d) upon conviction of a multiple offence, for each offence included in the multiple offence, to a fine of not less than five hundred dollars ($500.00) and not more than ten thousand dollars ($10,000.00). The total of all fines for each included offence is not limited to one hundred thousand dollars ($1 oo,ooo.oo). 13.O Severability 13.I If any sections, section or part of a section of this By-law are found by any Court to be illegal or beyond the power of Council to enact, such sections or section or part of a section shall be deemed to be severable and all other sections or parts of sections of this By-law shall be deemed to separate and independent and shall continue in full force and effect. 14.O Repeal 14.1 By-law 2017-76 is hereby repealed. Noise Bylaw 2024-08 Page 1l of 14 15.O Effective Date of By-law Enacted this 25th Day of March, 2024. =7- Kiran Saini, Deputy Towri C!erk Noise Bylaw 2024-08 Page 12 of 14 Schedule A Prohibitions By Time and Place Noise Source Prohibited Times Prohibited Times Quiet Zones 1. The operation of a car wash 1l :00pm to 7am Monday to Friday 11 :00pm to 9:00am Saturdays, Sunday and Statutory Holidays At all times 2. The operation of a waste collection vehicle, waste collection machinery or refuse compacting equipment 9:00pm to 6am Monday to Friday 9:00pm to 9:00am Saturdays, Sunday and Statutory Holidays 7:00 p.m. to 7:00 a.m. 9:00 a.m. on Saturdays, Sundays and Statutory Holidays 3. The operation of any powered device used in the servicing, maintenance or repair of property except devices driven by muscular power 9:00pm to 7am Monday to Friday 9:00pm to 9:00am Saturdays, Sunday and Statutory Holidays 7:00pm to 9am Monday to Friday 7:00pm to 9:00am Saturdays, Sunday and Statutory Holidays 4. The operation of a lawn mower or other equipment or machinery used for yard maintenance purposes which is run by electricity or gasoline, including without limitation, whipper snippers, leaf vacuums, chain saws, hedge trimmers and the like 9:00pm to 7am Monday to Friday 9:00pm to 9:00am Saturdays, Sunday and Statutory Holidays 7:00pm to 9am Monday to Friday 7:00pm to 9:00am Saturdays, Sunday and Statutory Holidays 5. The operation of any Construction Equipment or the conduct of any alteration or repair of any building 8:00pm to 7am Monday to Friday 5:00pm to 9:00am Saturdays, Sunday and Statutory Holidays 7:00pm to 7am Monday to Friday 5:00pm to 9:00am Saturdays, Sunday and Statutory Holidays 6. The operation of a dirt bike, all-terrain cycle, snowmobile, go-cart, dune buggy or like Conveyance I 7:00pm to 7am Monday to Friday 7:00pm to 9:00am Saturdays, Sunday and Statutory Holidays I At all Times I Noise Bylaw 2024-08 Page 13 of 14 I 7. Yelling, shouting, hooting, whistling, singing, amplified music, live music 4 'l :00pm to 7am Monday to Saturday 4 4 :00pm to 9:00am Sundays At all Times 8. The operation of any construction vehicle or Construction Equipment in connection with Infiff Housing. 8:00pm to 7am Monday to Friday 5:00pm to 9:00am Saturdays, Sunday and Statutory Holidays 7:00pm to 7am Monday to Friday 5:00pm to 9:00am Saturdays, Sunday and Statutory Holidays 9.The venting or release of steam, the operation of a generator or air filtrations system, Noise or Sound from grinding, milling, the operation of machinery, or the like 9:00pm to 7am Monday to Friday 9:00pm to 9:00am Saturdays, Sunday and Statutory Holidays 7:00pm to 7am Monday to Friday 7:00pm to 9:00am Saturdays, Sunday and Statutory Holidays I O.The operation of any Motor Vehicle engaged in the plowing of or removal of snow, unless otherwise permitted under this By-law 1 2:00am to 6am Monday to Sunday l2:00am to 7am Monday to Sunday 11. The operation of a combustion engine which is used in a toy or model or replica, which is not a vehicle. Il :00pm to 7:00am Monday to Friday 1l :00pm to 9:00am Saturday, Sunday and Statutory Holidays At any time Noise Bylaw 2024-08 Page 14 of 14