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CORPORATION OF NORTH ALGONA WILBERFORCE TOWNSHIP
BY-LAW 2020-49
Nuisance Noise
Being a By-Law to Regulate Nuisance Noise within North Algona Wilberforce Township.
WHEREAS section 9 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, provides that a municipality
has the capacity, rights, powers and privileges of a natural person for the purpose of exercising its
authority under this or any other Act;
AND WHEREAS section 128(1) of the Municipal Act, 2001 provides that, without limiting sections 9,10 and
11 a local municipality may prohibit and regulate with respect to public nuisances, including matters that,
in the opinion of Council are or could become public nuisances;
AND WHEREAS section 129 of the Municipal Act, 2001 provides that, without limiting sections 9, 10 and
11 of the Act, a local municipality may: (a) prohibit and regulate with respect to noise, vibration, odour,
dust and outdoor illumination, including indoor lighting that can be seen outdoors;
And WHEREAS section 425 of the Act, a municipality may pass bylaws providing that a person who
contravenes a by-law of the municipality passed under this Act is guilty of an offence;
And WHEREAS section 426 of the Act, no person shall hinder or obstruct, or attempt to hinder or obstruct
any person who is exercising a power or performing a duty under a by-law passed under this Act;
And WHEREAS section 429 of the Act, a municipality may establish a system of fines for offences under a
by-law of the municipality passed under this Act;
And WHEREAS section 436 of the Act, a municipality has the power to pass by-laws providing that the
municipality may enter on land at any reasonable time for the purpose of carrying out an inspection to
determine whether a by-law of the municipality passed under the Act is being complied with;
And WHEREAS it is in the public interest to ensure and maintain moderate noise levels within North Algona
Wilberforce Township consistent with its character, so as to preserve, protect and promote the public
health, safety, welfare and peace and quiet of the residents of the said Township and to regulate and
control public nuisances:
NOW THEREFORE, the Council of the Corporation of North Algona Wilberforce Township hereby enacts
as follows:
1.0 DEFINITIONS
a) "Agricultural operation" means and includes agricultural, aqua cultural, horticultural or
silviculture operations that are carried on in the expectation of gain or monetary reward;
b) "Construction" means, but is not limited to, erection, alteration, repair, dismantling, demolition,
structural maintenance, painting, moving, 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 with construction;
c) "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;
d) "Conveyance" includes a vehicle and any other device employed to transport a person or persons
e) "Emergency" means an urgent matter relating to the immediate health, safety, or welfare of the
residents of the Township or the operator of the Vehicle.
f) "Excessive Noise" includes any sound which, in the opinion of a municipal law enforcement
officer, police officer, or any other person appointed to carry out enforcement of this bylaw, is of
such loud volume, excessive, alarming, or unusual, or is continuous in duration that it creates a
nuisance, is likely to disturb the inhabitants of any dwelling and without limiting the generality of
the foregoing.
g) "Fireworks" means a device containing combustibles or explosives that, when ignited, produce a
brilliant display of light and/or a loud noise.
h) "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.
i)
"Motor vehicle" means an automobile, motorcycle, motor assisted bicycle and any other vehicles
propelled or driven other than by muscular power.
j)
"Motorized conveyance" means a conveyance propelled or driven by other than muscular,
gravitational or wind power and includes a motor vehicle.
k) "Municipal Law Enforcement Officer" means a Municipal Law Enforcement Officer for North
Algona Wilberforce Township.
l)
"Noise" means unwanted sound.
m) "Owner" means an assessed owner, tenant, occupant, or any person having an interest whether
equitable or legal, in the land.
n) "Persistence" means continuing to exist or endure over a prolonged period of time, continuously
or intermittently for an aggregate period of at least 20 minutes out of any 60-minute period.
o) "Point of Emission" means any place, point, person, animal, object, or otherwise, from which a
sound is emitted.
p) "Point of Reception" means any point on the premises of a person where noise originating from
other than those premises is received.
q) "Power Device" Means any power device used in the servicing, maintenance or repair of any
premises including without limitations, chain saws, power tools, lawnmowers, leaf blowers, edge
trimmers, line trimmers, rototillers, pressure washers and carpet cleaning equipment and
specifically excluding devices driven by muscular power and snow blowers.
r) "Public Nuisance" means any noise that is artificially created on a property that, by reason of
volume or intensity is out of character with the surrounding environment, causes, or might
reasonably be expected to cause, interference with or loss of the reasonable use and enjoyment
of another property by the owner or occupant of that property;
s) "Premises" means the area within the boundaries of any legal parcel of land and any building or
structure situated within such boundaries, provided however that where a building or structure
contains more than one unit of commercial, industrial or residential occupancy, each unit, the
common areas of the building or structure, and the land within the boundaries of the lot, shall be
deemed to be separate premises.
t) "Residents" means one or more persons who reside permanently or transiently in the Township.
2.0
PROHIBITIONS
2.1
No owner shall emit, cause or permit the creation, presence or existence of any excessive
noise or unusual sound that disturbs or are likely to disturb any inhabitant of North Algona
Wilberforce Township as outlined in Schedule "A" attached;
2.2
Section 2.1 does not apply to the exceptions or circumstances as outlined in Schedule "B"
attached.
3.0
FACTORS FOR THE DETERMINATION OF EXCESSIVE NOISE
3.1
Factors for determining whether a noise is unreasonably loud or excessive include, but
are not limited to the following:
a) The land use, nature, and zoning of the area from which the noise emanates and the
area where it is received or perceived.
b) The time of day or night that the noise occurs.
c) The duration and volume of the noise.
d) The nature of the noise.
e) Whether the noise is recurrent, intermittent, or constant.
f) The nature of the event or activity from which the noise emanates.
3.2
The determination of whether a sound or noise is excessive shall be determined by
Municipal Law enforcement Officer, police officer, or any other person appointed to carry
out enforcement of this bylaw.
4.0
EXEMPTIONS
4.1
This By-Law shall not bind North Algona Wilberforce Township or any local board of the
Township, the Province of Ontario, the Government of Canada or any of its respective
agents.
4.2
Despite other provisions of this By-Law, this By-Law shall not apply to a person who emits
or causes or permits the emission of noise, sound or vibration in connection with any
activities listed in Schedule "B"; or any situation where it can be clearly shown that
reasonable efforts to address, ameliorate, or otherwise deal with a situation have been
taken and that the shutting off or termination of the source of the noise would cause a
situation affecting the health or safety of an individual.
5.0
EXTENSION OF HOURS FOR OUTDOOR EVENTS
5.1
The Township may, upon written application, grant permission to extend the hours
during which amplification equipment may be used at an outdoor public or private event.
5.2
The Township in exercising its authority pursuant to subsection (5.1), the
Township may grant its permission with or without conditions.
6.0
RIGHT OF ENTRY
6.1
An officer may at any reasonable time, enter onto land to determine whether this By-
law is being complied with.
6.2
Every owner shall permit the Officer to inspect any land for the purposes of determining
compliance with this By-law.
6.3
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;
a) 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, as
amended.
7.0
OBSTRUCTION
7.1
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.
7.2
Any person who has been alleged to have contravened any of the provisions of the 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 or her duties.
8.0
APPLICATION OF STRICTEST STANDARD
8.1
Where a source of noise is subject to more than one provision of this By-Law, the most
restrictive provision shall prevail.
9.0
PENALTY
9.1
Every person who fails to comply with a notice made under this By-law is guilty of an
offence.
9.2
It shall be an offence for a person to hinder or obstruct, or attempt to hinder or obstruct,
an Officer who is exercising a power or performing a duty under the Municipal Act, 2001,
as amended, or under a by-law passed under the Municipal Act, 2001, as amended.
9.3
Any person who has been alleged to have contravened any of the provisions of a by-law
passed under the Municipal Act, 2001, as amended 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 the Officer's duties.
9.4
Every person who contravenes any section of this by-law is guilty of an offence, and
upon conviction shall be liable to a fine as provided for in the Provincial Offences Act,
R.S.O 1990, Chapter P.33, as amended.
9.5
Upon conviction any penalty imposed under this By-law may be collected under the
authority of the Provincial Offences Act, R.S.O. 1990, Chapter P.33, as amended.
10.0
SEVERABILITY
10.1
Each clause of this By-Law is an independent clause and the holding of any clause or part
of any clause to be void or ineffective for any cause shall not be deemed to affect the
validity of any other clause of parts of any clause.
11.0
REPEALS
11.1
that by-law 2007-24 be repealed in its entirety.
12.0
EFFECTIVE DATE
12.1
This By-Law shall come into force and take effect immediately upon the passing thereof
by the Council of the Corporation of North Algona Wilberforce Township.
READ A FIRST AND SECOND TIME THIS 05th DAY OF May 2020.
_______________________________
_________________________________
MAYOR James Brose
CAO/ACTING CLERK Andrew Sprunt
READ A THIRD TIME AND PASSED THIS 05th DAY OF May 2020.
________________________________
_________________________________
MAYOR James Brose
CAO/ACTING CLERK Andrew Sprunt
NORTH ALGONA WILBEFORCE TOWNSHIP
Schedule "A" To By-Law No. 2020-49
Being a By-Law to Regulate Nuisance Noise
Without limiting the generality of Section 2.1, the following are deemed to be noises that will
disturb or are likely to disturb an inhabitant of North Algona Wilberforce Township.
a.
The operation of any auditory signaling device, including but not limited to the ringing of
bells or gongs, blowing, or sounding of horns or sirens or whistles, or the production,
reproduction, or amplification of any similar sound.
b.
The noise made by persistent yelling, shouting, screaming, hooting, whistling, or singing.
c.
The noise or sound made or created by any electronic device or group of connected
electronic devices, incorporating one or more loudspeakers or other electro-mechanical
transducers, and intended for the production, reproduction, or amplification of music,
speech, or other sounds which may include but is not limited to, radios, phonographs,
stereos, televisions, public address systems, sound equipment, loud speakers, musical or
a sound producing instruments or device of any kind which disturbs the peace, quiet,
comfort or repose of the resident of the community and which noise is clearly audible at
a point of reception.
d.
The noise created from crowd-related noise emanating from a gathering of individuals on
a property or premise, including without limitation, parties, music festivals, concerts,
weddings, and other privately hosted events.
e.
Fireworks or any similar devices, outside of the permitted-on weekends and statutory
holidays from dusk until 11:00pm.
f.
The operation of any electrical or combustion engine which is, or is intended for the use
in any toy or a model or replica which has no function other than that of amusement and
which is not a conveyance, including but not limited to remote control vehicles, boats,
planes and drones.
g.
Persistent barking, calling, whining, crowing, cries, or other such noises made by domestic
pet or any other animal kept or used for any purpose other that agriculture. The owner
or person having the bird or animal under their control when the noise was generated is
liable for the noise causing the disturbance.
h.
Excessive noise from a motor vehicle, which includes the revving of engines, honking of
horns, banging of doors, or squealing of tires.
i.
Racing of any motorized conveyance other than in a racing event regulated by law.
j.
The operation of a motor vehicle where there is a modified exhaust system in place, or
no exhaust system, to create excessive noise.
k.
The operation of a motor vehicle where the trailer hitch creates a banging, clanking,
squealing, or other like sound due to an improperly secured load, equipment, or
inadequate maintenance.
l.
The operation of an engine or motor in, or on any motorized conveyance or item of
attached auxiliary equipment to idle for a period exceeding 15 minutes while such
vehicle is stationary, unless:
i)
The original manufacturer specifically recommends a longer idling period for normal
and efficient operation, for which the recommended period shall not be exceeded;
or
ii) The operation of such engine or motor is essential to the basic function of the
vehicle equipment including, but not limited to, operation of ready mixed concrete
trucks, lift platforms, refuse compactors, heat exchange systems; 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 for the preservation of perishable cargo.
iv) Idling is necessary for the purpose of cleaning and flushing the radiator and
associated circulation system for the seasonal change of antifreeze, cleaning of the
fuel system, carburetor or the like, when such work is performed other than for
profit.
v) Prevailing low temperatures make longer idling periods necessary, immediately
after starting the motor or engine.
m.
The operation of any construction vehicle or construction equipment in connection with
the demolition or restoration of any building, structure, highway, motor vehicle, steam
boiler, or other engine or machine, within 150 meters of an occupied dwelling house on
any day between the hours of 10:00pm and 7:00am the next day, expect Sundays, when
no noise shall be created before the hour of 9:00am and no such noise shall be make
after 8:00pm.
n.
Noise from the use of any lawn maintenance equipment or power equipment such as
chainsaws, leaf blowers, power tools or other similar devices where the noise tends to
disturb the inhabitants of the neighborhood or persons in the vicinity, between the
hours or 9:00pm and 8:00am the next day.
o.
Any unwanted or meaningless sound that in the opinion of the Municipal Law
Enforcement Officer is likely to disturb the inhabitants of North Algona Wilberforce
Township.
NORTH ALGONA WILBEFORCE TOWNSHIP
Schedule "B" To By-Law No. 2020-49
Being a By-Law to Regulate Nuisance Noise
EXEMPTIONS
The following activities are exempt from all sections of this By-Law:
(1) Operation of authorized emergency vehicles including but not limited to police vehicles, fire
trucks, and ambulances.
(2) Operation of Municipal, County or Provincial service vehicles and related equipment performing
snow removal or public maintenance.
(3) Snow removal equipment.
(4) Agricultural operations, agricultural processing activities, forestry operations and the operation
of sawmills.
(5) The ringing of fire or burglar alarms.
(6) Noise emanating from a fuel powered generator being operated in case of an emergency or power
outage.
NORTH ALGONA WILBEFORCE TOWNSHIP
Part I Provincial Offences Act
By-Law No. 2020-49 By-Law to Regulate Nuisance Noise
Schedule "C" - Set Fines
Item
Number
Column 1 - Short Form Wording
Column 2-
Provision
Creating or
Defining
Offence
Column 3 -
Set Fines
1.
Create excessive noise using auditory signaling
devices
Section 2.1
Schedule A (a)
$85.00
2.
Yell/whistling /cause excessive noise to
disturb a person
Section 2.1
Schedule A (b)
$85.00
3.
Create excessive noise from electrical devices,
radio, television etc.
Section 2.1
Schedule A (c)
$85.00
4.
Create excessive crowd related noise
Section 2.1
Schedule A (d)
$85.00
5.
Noise from detonating or discharging a
firework, or any other similar device after
11:00pm
Section 2.1
Schedule A (e)
$300.00
6.
Noise from the Operation an electrical or
combustion engine toy or model during
prohibited times
Section 2.1
Schedule A (f)
$85.00
7.
Permit excessive noise created by a domestic
animal
Section 2.1
Schedule A (g)
$85.00
8.
Create excessive noise from a motor vehicle
Section 2.1
Schedule A (h)
$85.00
9.
Noise from racing a motor conveyance
Section 2.1
Schedule A (i)
$300.00
10.
Operate a motor vehicle where there is a
modified exhaust system/no exhaust system
to create excessive noise
Section 2.1
Schedule A (j)
$250.00
11.
Operate a motor vehicle where the trailer
hitch creates banging/clanking or squealing
noise
Section 2.1
Schedule A (k)
$85.00
12.
Noise from idling a motor conveyance for
more than fifteen (15) minutes
Section 2.1
Schedule A (l)
$85.00
13.
Noise from operation any construction
equipment/vehicle during restricted hours
Section 2.1
Schedule A (m)
$85.00
14.
Create excessive noise from the operation of
lawn maintenance or power equipment during
restrictive hours
Section 2.1
Schedule A (n)
$85.00
15.
Emit/cause noise likely to disturb inhabitants
of North Algona Wilberforce Township
Section 2.1
Schedule A (o)
$85.00
16.
Hinder or obstruct, or attempt to hinder or
obstruct, any Officer
Section 7.1
$300.00
Note: The penalty provision(s) for the offences indicated above is Section 9.4 of By-law 2020-49
a certified Copy of which has been filed and s.61 of the Provincial Offenses Act, R.S.O. 1990,
c. P.33