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THE CORPORATION
OF THE
TOWN OF NIAGARA-ON-THE-LAKE
BY-LAW NO. 4588-12
A BY-LAW TO PROHIBIT AND REGULATE NOISE
IN THE TOWN OF NIAGARA-ON-THE-LAKE
WHEREAS section 9 of the Municipal Act, 2001, S.O. 2001, c. 25 as amended,
provided that a municipality has the capacity, rights, powers and privileges of a
natural person for the purpose of exercising its authority under the Act;
AND WHEREAS section 1 0(2) of the Municipal Act, 2001, S.O. 2001, c. 25 as
amended, authorizes a Council to pass a By-Law respecting the health, safety
and well-being of persons, and the economic, social and environmental well-
being of the municipality;
AND WHEREAS section 128 of the Municipal Act, 2001, S.O. 2001, c. 25, as
amended, provides that a municipality may 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
authorizes municipalities to pass By-Laws to prohibit and regulate noise;
AND WHEREAS a recognized body of scientific and technological knowledge
exists by which Sound and Vibration may be substantially reduced;
AND WHEREAS the people expect, and have a right to an environment free from
unusual, unnecessary, or excessive Sound or Vibration or which may degrade
the quality and tranquillity of their life or cause nuisance;
AND WHEREAS it is in the public interest to reduce the noise level in the Town of
Niagara-on-the-Lake (the "Town"), so as to preserve, protect, and promote public
health, safety, welfare, and the peace and quiet of the Inhabitants of the Town;
AND WHEREAS it is the policy of the Council of the Corporation of the Town of
Niagara-on-the-Lake to regulate such sound or vibration, or nuisance.
NOW THEREFORE the Council of the Corporation of the Town of Niagara-on-
the-Lake enacts as follows:
Part 1
Title
1. This By-Law shall be referred to as "The Noise Control By-Law".
Definitions
2. In this By-Law
"Applicant" means any person or persons seeking an Exemption from
Council, of either a temporary or permanent nature, from the
provisions and requirements of this By-Law;
"Authorized Emergency Vehicle" means an ambulance, hearse, and
any vehicle operated by or for the fire department, the coroner's
office, the local, provincial or federal police,the Town, the Bell
Telephone Company of Canada, the Post Office, snow ploughs and
Page 1 Noise By-law 4588-12
other maintenance vehicle operated by or for the Ministry of
Transportation and any other vehicle actively engaged in the
Construction, maintenance or repair of any Highway, or any
equipment or facilities thereon;
"Construction"
includes
erection,
alteration,
repair,
dismantling,
demolition, structural maintenance, painting, land clearing, earth
moving, grading, excavating, the laying of pipe and conduit whether
above or below ground level, street and Highway building,
application of concrete, 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, hand tools, power tools, 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;
"Construction Site" means the area or portion of land used for
Construction or any other area used for any purpose related to the
Construction or for any related purpose;
"Council" means the Council of the Corporation of the Town of Niagara-
on-the-Lake;
"Effective Muffler" means a muffler or silencer designed to reduce the
amount of Sound emitted by the exhaust of an internal combustion
engine that is in good working order and in constant operation to
prevent excessive or unusual Sound or excessive smoke but it does
not include a cut-out muffler, straight exhaust gutter muffler,
Hollywood muffler, by-pass or similar device;
"Exemption" means written permission of a temporary or permanent
nature, issued by Council, which provides an absolution from or
dispensation of specified terms and conditions of this By-Law;
"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 Motor Vehicles;
"Inhabitants" means one or more persons who reside in the Town.
"Motor Vehicle"means a vehicle that uses a motor as a source of power,
including, but not limited to, an automobile, motorcycle, motorized
snow vehicle, moped, go-cart, track bike, trail bike, boat, but not
including an airplane, rail cars or other vehicles running only upon
rails, traction engine, farm tractor, or self-propelled implement of
husbandry or road building machine;
"Municipality" means the land within the geographic limit of the Town of
Niagara-on-the-Lake;
"Officer" means a police officer, and any person appointed for the
purpose of enforcing By-Laws of the Town
Page 2 Noise By-law 4588-12
"Point of Reception" means any point on a Property within the
Municipality where Sound and Vibration originating from other than
the Property isheard, felt or otherwise received;
"Property" means vacant land, a building or structure or part of a building
or structure, and includes the lands appurtenant thereto and all
mobile homes, mobile buildings or mobile structures.
"Residential Area" means an area of the Municipality designated as
residential area in the Town's Zoning By-Laws;
"Source" means an activity, matter, thing, or tangible personal property or
real property, from which Sound or Vibration is emitted;
"Sound" is an oscillation in pressure, stress, particle displacement or
particle velocity, in a medium with internal forces (e.g. elastic,
viscous), or the superposition of such propagated oscillations,
which may cause an auditory sensation;
"Town Clerk" means the Clerk of the Corporation of the Town of Niagara-
on-the-Lake or his or her designate;
"Town" means The Corporation of the Town of Niagara-on-the-Lake;
"Vibration" means a temporal and special oscillation of displacement,
velocity or acceleration in a solid medium.
General Prohibition
3. No person shall make, cause or permit Sound or Vibration at any time, which
is likely to disturb the quiet, peace, rest, enjoyment, comfort or convenience of
the Inhabitants of the Town.
Specific Prohibitions
4. No person shall emit, cause or permit the emission of Sound resulting from an
act listed in Schedule B - Specific Prohibitions, and which Sound is audible at
a Point of Reception.
Limitations by Time and Place
5. No person shall emit, cause or permit the emission of a Sound resulting from
any act listed in Schedule C - Prohibitions by Time and Place, if audible at a
Point of Reception within the prohibited time shown.
Exemptions
6. Notwithstanding any other prov1s1on of this By-Law, the prov1s1ons and
requirements of this By-Law shall not apply to any person who emits, causes,
or permits the emission of Sound or Vibration in connection with any activities
listed in Schedule A or to any person or activity for which an Exemption has
been issued under the authority of thisBy-Law.
Grant of Exemption
7. 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 Sound or Vibration, and Council,
by resolution, 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 the time period, not in excess of six (6) months, during which it is
effective and may contain such terms and conditions as Council sees fit.
Page 3 Noise By-law 4588-12
8. Every application for an Exemption shall be submitted to the Clerk in writing,
in duplicate, and shall contain:
a. the name and address of the Applicant;
b. a description of the source of the Sound or Vibration in respect of
which the Exemption is sought;
c. a statement of the particular provision or provisions of this By-Law from
which the Exemption is sought;
d. a period of time, of a duration not in excess of six (6) months, for which
the Exemption is sought;
e. the reasons why, in the Applicant's opinion, the Exemption should be
granted;
f.
a statement of the actions, steps or other such measures, if any,
planned or presently being taken, by the Applicant, intended to bring
about compliance with the By-Law.
9. Council may require an Applicant to provide such further and other
information, and take such others steps as may be necessary to consider an
application.
10. No application shall be deemed complete until the Applicant has provided any
and all information as required by the Clerk or Council.
11.1n 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 sees fit.
12. Breach by the Applicant of any of the terms or conditions of any Exemption
granted by Council shall render the Exemption null and void.
13. The Clerk or Council shall set out in writing the reasons for Council's decision
and shall serve a copy of the decision upon the Applicant and any person who
opposed the Application.
Grant of Exemption- Residential Special Events
14. Notwithstanding anything contained in this By-Law, any person who owns a
residential use property may make application to the Manager of
Enforcement, or designate, to be granted an Exemptionfrom any of the
provisions of this By-Law with respect to any source of Sound or Vibration.
The Manager of Enforcement, or designate, 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 the time period, not in excess
of two (2) days, during which it is effective and may contain such terms and
conditions as the Manager of Enforcement, or designate, sees fit.
15. Every application for an Exemption shall be submitted to the Manager of
Enforcement, or designate, in writing, and shall contain:
a. the name and address of the Applicant;
b. a description of the source of the Sound or Vibration in respect of
which the Exemption is sought;
c. a statement of the particular provision or provisions of this By-Law from
which the Exemption is sought;
Page 4 Noise By-law 4588-12
d. a period of time, of a duration not in excess of two (2) days, for which
the Exemption is sought;
e. the reasons why, in the Applicant's opinion, the Exemption should be
granted;
f.
a statement of the actions, steps or other such measures, if any,
planned or presently being taken, by the Applicant, intended to bring
about compliance with the By-Law.
16. The Manager of Enforcement, or designate, may require an Applicant to
provide such further and other information, and take such others steps as may
be necessary to consider an application.
17. No application shall be deemed complete until the Applicant has provided any
and all information as required by the Manager of Enforcement, or designate.
18.1n deciding whether to grant the Exemption, the Manager of Enforcement, or
designate, shall obtain written approval for the Exemption from the
neighbours that may be affected by the Exemption.
19. Breach by the Applicant of any of the terms or conditions of any Exemption
granted by the Manager of Enforcement, or designate,shall render the
Exemption null and void.
20. The Manager of Enforcement, or designate, shall set out in writing the
reasons for their decision and shall serve a copy of the decision upon the
Applicant and any person who opposed the Application
21.A maximum of one (1) event per year may be approved per property.
Emergencies
22. Notwithstanding any other provision of this By-Law, it shall be lawful during an
emergency to emit, cause, or permit the emission of Sound or Vibration in
connection with emergency measures undertaken,
a. for the immediate health, safety or welfare of the Inhabitants or any of
them, or
b. for the preservation or restoration of Property,
unless such Sound or Vibration is clearly audible for a longer duration or of a
nature more disturbing than is reasonably necessary for the accomplishment of
such emergency purpose.
Serviceability
23. Where a court of competent jurisdiction declares any provision of this By-Law
invalid, the provision shall be deemed conclusively to be severed from the By-
Law.
24. No part of this By-Law not declared by a court of competent jurisdiction to be
invalid shall be affected by the provision severed from the By-Law.
Enforcement and Administration
25. Council may appoint such Officers as are necessary for the purpose of
enforcing this By-Law.
26. Unless otherwise provided for herein, all provisions of this By-Law shall be
enforced by an Officer as defined in this By-Law.
Page 5 Noise By-law 4588-12
27. An Officer may issue a direction or order requiring that a Person comply with
the provisions of this By-Law.
28. No Person shall hinder or obstruct any Officer, or any Person lawfully acting in
aid of such Officer, in the execution of their duties under this By-Law.
Offences and Penalties
29. Every person who contravenes any provision of this By-Law is guilty of an
offence and on conviction, is liable to a fine of not less than $350.00.
Enactment
30. By-Law No. 2353-91, as amended, is hereby repealed.
31. This By-Law comes into force and effect on the date of its passing and
enactment.
READ A FIRST, SECOND AND THIRD TIME AND PASSED, THIS 9TH DAY OF
OCTOBER 2012
LORD MARDAVEE
TOWN
LERK HOLLY DOWD
Page 6 Noise By-law 4588-12
Schedule A
Permitted Sound
1.
Operation of anAuthorized Emergency Vehicle.
2.
Operation of bells utilized as traffic control devices including the following:
1.
Bells and other devices at traffic signal locations;
2.
Bells at railway crossings.
3.
Operation of Town machines and equipment including the following:
1.
Crosswalk painting machines;
2.
Catch basin cleaners;
3.
Tree and shrub pruning and mulching equipment
4.
Town owned or contracted street cleaners, flushers and
sewer flushers
4.
Operation of Construction Equipment and machinery by or on behalf of the
Town carrying on or engaged in the performance of public works for
emergency and safety purposes.
5.
Operation of any machine or equipment that falls within the classification
of a "Normal Farm Practice" as described under provincial legislation and
that is in conjunction with a lawful agricultural operation.The Ontario
Ministry of Agriculture, Food and Rural Affairs administers the Farming
and Food Production Protection Act (FFPPA) -
and has established
processes to deal with complaints and determine what are and what are
not "normal farm practices": the Normal Farm Practices Protection Board.
6.
Any emission of Sound specifically permitted under municipal, provincial or
federal legislation.
Page 7 Noise By-law 4588-12
Schedule B
General Prohibitions
1. All selling or advertising by shouting or outcry of amplified Sound;
2. Persistent barking, whining or other similar persistent Sound made by any
animal;
3. The operation of an engine or motor in, or on, any Motor Vehicle or item of
attached auxiliary equipment for a continue period exceeding five (5) minutes,
while such Motor Vehicle is stationary in a Residential Area, unless:
a. the Motor Vehicle is an armoured vehicle, where a person remains
inside the Motor Vehicle while guarding the contents of the Motor
Vehicle or while the Motor Vehicle is being loaded or unloaded;
b. the Motor Vehicle is in an enclosed structure constructed so as to
effectively prevent excessive Sound emission;
c. the original equipment manufacturer specifically recommends a longer
period for normal and efficient operation of the Motor Vehicle, in which
case such recommended period shall not be exceeded;
d. 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
mix concrete trucks, irrigation pumps, lift platforms, or refuse
compactors and heat exchange systems;
e. the ambient outside temperature is more than 27 degrees Celsius
(27°C) or less than 5 degrees Celsius (5°C);
f.
the use of heating or refrigeration systems powered by the motor or
engine are required for the safety and welfare of the operator,
passengers, animals or the preservation of perishable cargo;
g. the Motor Vehicle is transporting a person where a medical doctor
certifies in writing that for medical reasons, the person requires the
temperature or humidity be maintained within a certain range;
h. the Motor Vehicle is assisting in an emergency;
i.
the Motor Vehicle remains motionless because of an emergency over
which the driver has no control, or because of mechanical difficulties
over which the driver has no control;
j.
the Motor Vehicle is engaged in a parade, race, or such other event
authorized by Council;
k. the Motor Vehicle is halting temporarily in compliance with the
directions of a police officer;
1.
the Motor Vehicle is halting temporarily to obey a traffic control signal;
m. the Motor Vehicle is idling to comply with the requirements of the
Highway Traffic Act for windows to be in a condition to afford the driver
a clear view; and
n. the idling is required as part of a repair process or to prepare a Motor
Vehicle for servicing;
Page 8 Noise By-law 4588-12
Schedule C
Prohibitions by Time and Place
ACT
TIME PROHIBITION
1. Operation of any auditory
signalling device, including but not
11 :OOpm - 7:00am next day
limited to the ringing of bells or
11 :OOpm- 9:00am Sundays I Statutory
gongs and the blowing of horns or
Holidays
sirens or whistles, or the
production, reproduction or
amplification of any similar
Sounds.
2. Operation of any electronic device
or group of connected electronic
devices incorporating one or more
11 :OOpm - 7:00am next day
loudspeakers or other electro
11 :OOpm- 9:00am Sundays I Statutory
mechanical transducers, and
Holidays
intended for the production,
reproduction or amplification of
Sound, including but not limited to
a radio, television, amplifier, loud
speaker, public address system,
and other Sound equipment.
3. Loading, unloading, delivering,
packing, unpacking or otherwise
11 :OOpm - 7:00am next day
handling of any containers,
11 :OOpm - 9:00am Sundays I
products, materials or refuse,
Statutory Holidays
whatsoever, unless necessary for
the maintenance of an essential
services as designated by the
Provincial or Federal Government.
4. Operation of any Construction
7:00pm- 7:00am next day
Equipment in connection with
ALL DAY Sundays
Construction.
5. Detonation of fireworks or
11:00pm -7:00am next day
explosive devices.
11 :OOpm- 9:00am Sundays
6. Operation of a combustion engine
which is, or is used in, or is
11 :OOpm - 7:00am next day
intended for use in, a toy or a
11 :OOpm - 9:00am Sundays I
model or replica of a larger
Statutory Holidays
device, which model or replica has
no function other than amusement
and which is not a Motor Vehicle.
7. The operation of any powered or
11 :OOpm- 7:00am next day
non-powered tool for domestic
11 :OOpm- 9:00am Sundays I
purposes other than snow
Statutory Holidays
removal with a shovel.
8. The operationof a solid waste bulk
7:00pm- 7:00am next day
lift or refuse compacting
7:OOpm - 9:00am Sundays
equipment.
9. The playing of any musical
11 :OOpm- 7:00am next day
instrument outdoors.
11: OOpm - 9:00am Sundays I
Statutory Holidays
10. Yelling, shouting, hooting,
11 :OOpm- 7:00am next day
whistling or singing
11 :OOpm- 9:00am Sundays I
Statutory Holidays
Page 9 Noise By-law 4588-12
PART I Provincial Offences Act
TOWN OF NIAGARA-ON-THE-LAKE BY- LAW N0.4588-12 SHORT TITLE: Noise Bylaw
ITEM
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11 .
12.
13.
COLUMN 1
COLUMN 2
COLUMN 3
Short Form Wording
Offence Creating
Provision or Defining
Offence
Emit I Cause I Permit selling I advertising by shouting I outcry
s. 4 Schedule B. (1)
I amplified sound.
Cause I Permit persistent barking I whining sound by animal.
s. 4 Schedule B. (2)
Operation of engine I motor in/on motor vehicle I auxiliary
equipment exceeding 5 minutes.
s. 4 Schedule B. (3)
Emit I Cause I Permit noise from any auditory signalling
device during prohibited time.
s. 5 Schedule C (1)
Emit I Cause I Permit noise from operation of any electronic
device during prohibited time.
s. 5 Schedule C (2)
Noise from Loading I Unloading containers I products I
materials I refuse during prohibited time.
s. 5 Schedule C (3)
Noise from construction equipment during prohibited time.
s. 5 Schedule C (4)
Noise from fireworks or explosive devices when prohibited.
s. 5 Schedule C (5)
Emit I Cause I Permit noise from operation of combustion
engine when prohibited.
s. 5 Schedule C (6)
Noise from powered I non-powered tool when prohibited.
s. 5 Schedule C J]l
Emit I Cause I Permit noise from solid waste bulk lift I refuse
s. 5 Schedule C (8)
compacting equipment when prohibited.
Play musical instrument outdoors during prohlbited time.
s. 5 Schedule C (9)
Yelling I Shouting I Hooting I Whistling I Singing when
prohibited.
s. 5 Schedule C (10)
Note: The general penalty provision for the offences listed above is Section 61 of the
Provincial Offences Act, R.S.O., 1990, c. P. 33
Set Fine
350.00
350.00
350.00
350.00
500.00
350.00
350.00
500.00
350.00
350.00
350.00
350.00
350.00 ;/L
J' .lo_"' I 1/