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THE CORPORATION OF THE TOWNSHIP OF NORTH DUMFRIES
BY-LAW NUMBER 3421-23
BEING A BY -LAW TO PROHIBIT AND REGULA TE NOISE WITHIN THE TOWNSHIP
OF NORTH DUMFRIES AND TO REPEAL BY-LAW NUMBER 2609-14
WHEREAS it is recognized that people will be exposed to Noise in the course of their
daily lives;
AND WHEREAS it is recognized that people have a right to and should be provided, to
the extent possible, an environment free from unusual, unnecessary or excessive Noise
which may unreasonably degrade the quality and tranquility of their life or cause a
nuisance;
AND WHEREAS Council is authorized by Sections 11 (2), 128 and 129 of the Municipal
Act, 2001, S.O. 2001, c. 25, as amended, to enact By-laws for prohibiting or regulating
Noises that are likely to disturb, cause a nuisance, or affect the health and general well-
being of the inhabitants of the Municipality;
AND WHEREAS, a local municipality may prohibit the matters described in clause 129
(a) of the Municipal Act, 2001, S.O. c. 25, unless a permit is obtained from the
municipality for those matters and may impose conditions for obtaining, continuing to
hold and renewing the permit, including requiring the submission of plans.
AND WHEREAS Section 391 of the Municipal Act, 2001 authorizes Council to pass
bylaws imposing fees and charges on any class of persons for services or activities
provided or done by or on behalf of it;
AND WHEREAS Subsection 398(1) of the Municipal Act, 2001 states that fees and
charges imposed by a municipality on a person constitute a debt of the person to the
municipality;
AND WHEREAS Section 429 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;
AND WHEREAS Subsection 434.1 of the Municipal Act, 2001 provides that a
municipality may require a person to pay an administrative penalty if the municipality is
satisfied that a person has failed to comply with a By-law of the municipality passed
under the Municipal Act;
AND WHEREAS Subsection 434.2(1) of the Municipal Act, 2001 provides that an
administrative penalty imposed by a municipality on a person constitutes a debt of the
person to the municipality;
NOW THEREFORE THE MUNICIPAL COUNCIL OF THE CORPORATION OF THE
TOWNSHIP OF NORTH DUMFRIES ENACTS AS FOLLOWS:
1. SHORT TITLE
This By-law may be cited as the "Noise By-law."
2. DEFINITIONS
a) "Agricultural Zone" means a zone identified as an Agricultural Zone in the
Township of North Dumfries General Zoning By-law.
b) "Amplified Sound" means sound made by any electronic device or a group of
connected electronic devices incorporating one or more loudspeakers or other
electromechanical transducers, and intended for the production, reproduction or
amplification of sounds;
c) "Clerk" means the Clerk for the Township of North Dumfries
d) "Construction" includes erection, alteration, repair, dismantling, demolition,
structural maintenance, moving, land clearing, earth moving, grading,
excavating, 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 work in connection therewith.
e) "Construction Equipment" means any equipment or device designed and
intended for use in construction or material handling, including but not limited to,
hammers, saws, drills, augers, 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.
f) "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.
g) "Council" means the Council of The Corporation of the Township of North
Dumfries.
h) "Incidental Noise" means extraneous sound which can be heard while listening
to or monitoring other sounds.
i) "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 rajlways, or other motor vehicles running only upon
rails, or a motorized snow vehicle, traction engine, farm tractor, self-propelled
implement of husbandry or road building machine within the meaning of the
Highway Traffic Act.
j) "Motorized Conveyance'= means a conveyance propelled or driven otherwise
than by muscular, gravitational or wind power.
k) "Municipality" means the land within the geographic limits of the Township of
North Dumfries
I) "Municipal Parks" means parks owned and operated by the Tovmship of North
Dumfries.
m) "Noise" means sound em tted in such a manner or with such volume as to likely
disturb local inhabitants and includes sound which disturbs an Officer enforcing
this By-law.
n) "Officer" means a municipal law enforcement officer of the Township or a
Waterloo Regional Police Officer.
o) "Residential & Property Renovation" means work, other than work performed
by a licensed contractor, consisting of construction at a residential property by a
person residing at the property (with or without the assistance of other persons)
that does not require a building permit.
p) "Township" means the Township of North Dumfries.
q) "Special Event" means a gathering of persons on municipal property or other
property or a combination thereof and those events that impact municipal
services, generally lasting from a few hours to a few days, which may include
but is not limited to a concert, gathering, ceremony, procession, cycling event,
filming, fair, sports/athletic event, dance, exhibit, party, festival, parade, picnic,
fireworks, walk-a-thon, road race, concert, fair or any combination thereof or
other event that requires one or more approvals from the Township of North
Dumfries, including but not limited to a noise By-law exemption.
3. GENERAL PROHIBITIONS
a) No person shall emit or cause or permit the emission of Noise resulting from any
act listed in Schedule 'A' of this By-law, from any point located on land within the
geographical limits of the Municipality, within a prohibited time shown in said
Schedule 'A' if said emission is clearly audible at any Point of Reception located
on land within the geographical limits of the Municipality.
b) No person shall emit or cause or permit the emission of Noise resulting from an
act listed in this Article, and which Noise is clearly audible at a Point of Reception
within the Municipality.
c) Racing of any Motorized Conveyance other than in a racing event regulated by
law is prohibited.
d) The operation of a Motor Vehicle in such way that the tires squeal is prohibited.
e) The operation of any combustion engine or pneumatic device without an effective
exhaust or intake muffling device in good working order and in constant operation
is prohibited.
f) The operation of a vehicle with a trailer resulting in banging, clanking, squealing
or other like Noises due to improperly secured load or equipment, or inadequate
maintenance is prohibited.
g) The operation of a Motor Vehicle horn or other warning device except where
required or authorized by law or in accordance with good safety practices is
prohibited.
h) The operation of any item of Construction Equipment without effective muffling
devices in good working order and in constant operation is prohibited.
i) The Noise or sounds caused or made by an amplifier or loudspeaker carried in or
attached to a Motor Vehicle being operated or standing on a highway is
prohibited.
4. GRANT OF EXEMPTION
a) Notwithstanding anything contained in this By-law, any person may make
application in writing to the Clerk, to be granted an exemption from any of the
provisions of this By-law with respect to any source of Noise. The application
shall be taken to Council who may refuse to grant any exemption or may grant
the exemption applied for or any exemption of lesser effect, and any exemption
so granted shall specify the time period, not in excess of six (6) months, during
which said exemption shall be effective, and may contain such terms and
conditions as Council sees fit.
b) The Chief Administrative Officer and/or the Director of Leisure and Community
Services may provide at their discretion approval for exemptions for reoccurring
Special Events that have received prior approval from Council and are in good
standing.
c) The Chief Administrative O-=ticer and/or Director of Engineering and Public Works
may provide at their discretion approval for exemptions for activities related to
Construction works undertaken by Township authorized public authorities.
d) Breach by the applicant of any terms or conditions of an exemption granted shall
render the exemption null and void.
e) Those seeking an exemption under this By-law shall provide written notice to all
properties located within one hundred and twenty (120) metres of the proposed
location, and at least thirty (30) days prior to the proposed date(s:1 wherein the
Noise will be emitted. The required notification shall be in a form and with such
content as required by the Township. A copy of the notice, along with
confirmation of the required distribution may be requested for submission to the
Township.
f) If an application for exemption is approved, the Clerk shall issue a permit to the
applicant providing for the Noise exemption and noting the period of time to
which the exemption shall apply, as well as any conditions attached to said
exemption. The applicant shall display said permit in a conspicuous location at
the premises where the Noise will be emitted, so that said permit is visible to the
general public. The permit shall remain displayed in the manner required
pursuant to this subsection until such time as said permit expires.
5. ACTIVITIES EXEMPTED
a) Notwithstanding any other provisions of this By-law, this By-law does not apply to
a person who emits or causes or permits the emission of Noise in connection
with any of the activities set out in Sections 6(b) through 6(p) inclusive.
b) It shall be lawful to emit or cause or permit the emission of Noise in connection
with emergency measures undertaken.
c) Incidental Noise for the immediate health, safety or welfare of the inhabitants or
any of them is permissible.
d) Incidental Noise for the preservation or restoration of property is permitted unless
such sound or vibration is clearly of a longer duration or nature more disturbing,
than is reasonably necessary for the accomplishment of such purpose.
e) Normal farming operations as governed by the Farming and Food Production
Protection Act, 1998.
f) Incidental Noise from any parade duly authorized by the Township of North
Dumfries is permissible.
g) Church activities Incidental Noise from the use of bells or chimes normally
associated with Church activities is permissible.
h) Incidental Noise from any carnival, midway or circus is permissible.
i) Incidental Noise up to 11 :00 p.m. from any sporting, recreational, musical,
entertainment or other event, activity or performance in Municipal Parks, or
municipal buildings for which permission has been issued by the Township of
North Dumfries is permissible.
j) Noise generated during permitted park activities and/or Special Events held in
Municipal Parks is permissible.
k) Residential air conditioners, pool filters, air source heat pumps or similar outdoor
appliances that are operating in conformance with the manufacturer's standards.
I) Incidental Noise from all activities of the Municipality, or its servants or agents,
associated with the provision of maintenance and essential services is
permissible.
m) Incidental Noise from the detonation of fireworks duly authorized by the
Township of North Dumfries is permissible.
n) Any Noise originating from, or caused by, the operation of farm equipment or
machinery for cultivating, seeding, crop maintenance or harvesting purposes on
any lands designated as an Agricultural Zone.
o) Any Noise originating from, or caused by, the operation of trains or track
maintenance including train whistles, provided a stand-alone by-law prohibiting
the same does not exist.
p) Any reasonable Noise resulting from the operation of a business activity provided
that such Noise is part of the normal operation of the business and provided that
the business is operating in compliance with the Township's Zoning By-law and
all other applicable laws.
6. FEES AND CHARGES
a) Council may impose fees and charges to recover its costs in relation to the
administration and enforcement of this By-law.
7. ENFORCEMENT
a) The provisions of this By-law shall be enforced by Municipal Law Enforcement
Officers designated by Council, and by members of the Waterloo Regional Police
Service.
8. OFFENCE
Every person who contravenes any of the provisions of this By-law is guilty of an
offence and, upon conviction thereof, is liable to a fine as provided for by the Provincial
Offences Act, R.S.O. 1990, Chapter P.33, as amended.
a) Each day on which a person contravenes any provision of this bylaw shall be
deemed to constitute a separate offence under this bylaw as provided for in
section 429(2) of the Municipal Act, 2001, S.O. 2001, c. 25.
9. SEVERABILITY
a) If any section or sections of this By-law or parts thereof shall be found by any
Court to be invalid or beyond the power of Council to enact, such section or
sections or parts 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
therefrom and continue in full force and effect unless and until similarly found
and this By-law shall be enacted as such.
10. BY-LAW REPEAL
a) By-law 2609-14, as amended, is repealed on the date this By-law comes into
force and effect.
11. COMING INTO FORCE
a) This By-law shall come into force and effect on the final passing of this By-law.
12. Singular - plural - present - future tense
a) Words in the singular include the plural; words in the plural include the singular
number; and words in the present tense include the future.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 10th DAY
OF JULY, 2023.
Susan Foxton, Mayor
c/4d!.-ti 1 c/co/f
Ashley Sage, Clerk
SCHEDULE A
1
The detonation of fireworks or explosive devices
At all times other than those
not used in Construction.
days in By-law 3325-22.
2
The Noise made or created by any radio,
At all times
phonograph, public address system, sound
equipment, loudspeaker, musical instrument or
other sound-producing equipment.
3
Persistent barking, calling or whining or other
At all times
similar persistent Noise made by any domestic pet
or any other animal kept or·used for any purpose
other than agriculture.
4
The operation of a commercial car wash with air
2100 hrs one day to 0700
drying equipment
hrs the next day
5
Yelling, shouting, hooting, whistling or singing
2100 hrs one day to 0700
hrs the next day
6
All selling or advertising by shouting or outcry or
2100 hrs one day to 0700
Amplified Sound.
hrs the next day
7
Loading, unloading, delivering, packing,
2100 hrs one day to 0700
unpacking, or otherwise handling any containers,
hrs the next day
products, materials, or refuse, whatsoever, unless
necessary for the maintenance of essential
services or the moving of private household
effects.
8
The operation of any Construction Equipment
1900 hrs one day to 0700
other than in conjunction with Residential &
hrs the next day
Property Renovations.
At all times on Sundays and
Statutory Holidays other
than September 30 and
November 11
9
Residential & Property Renovations
2100 hrs one day to 0700
hrs the next day (0900 on
Sundays)
10
The operation of any lawn mower, trimmer, leaf
2100 hrs one day to 0700
blower or a similar device
hrs the next day