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THE CORPORATION OF THE TOWNSHIP OF NORWICH
BY -LAW NUMBER
35 -2013
TO REGULATE
AND PROHIBIT
NOISE
WHEREAS the Municipal Act, S. O. 2001,
as amended, Section
128 (
1),
states
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 the Municipal Act, S. O. 2001, as amended, Section
129, states that " A
municipality
may prohibit and regulate noise, vibration, odour, dust and outdoor illumination,
including indoor lighting that can be seen outdoors ";
AND
WIIEREAS
the Municipal
Act, S. O. 2001, as amended,
Section
436, states
that " A
municipality
is permitted to enter upon land and into structures at any reasonable time to inspect
the land and structures to determine whether a by -law of the municipality under the Act is being
complied
with ";
AND WHEREAS
the Municipal Act, S. O. 2001, as amended, Section 444, provides that the
municipality may make an order 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 contravening activity, and any person who contravenes such an order
is guilty of an offence;
AND WHEREAS
the provisions of this by -law will not contradict
any provincial
or federals
laws.
NOW THEREFORE the Council of the Corporation of The Township of Norwich hereby enacts
as follows:
1
DEFINITIONS
1. 1 `
Unreasonable noise' shall mean any noise that is likely to disturb the peace, quiet, comfort
and repose of any individual on their property.
1. 2 `
Construction' shall include 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, concreting, equipment installation
and alteration and the structural installation of
construction components and materials in any form for any purpose, and includes any work
in connection therewith.
1. 3 `
Power Equipment'
is the
sound
caused
by the
use or operation
of any
such noise-
generating tool or device that is clearly audible.
1. 4 `
Agricultural Operation' has the same meaning
as contained in the Farming and Food
Production Protection Act, 1998, S. O. 1998, C. 1, as amended, or any successor legislation
1. 5 `
Normal farm practice' has the same meaning as contained in the Farming and Food
Production Protection Act, 1998, S. O. 1998, C. 1, as amended, or any successor legislation
2
GENERAL PROVISIONS
2. 1
No
person
shall
matte, cause
or permit
an unreasonable
noise
at any
time within
the
Township of Norwich.
2. 2
The following types of noise, arising between the hour of 7: OOAM and 10: 00PM, are exempt
from this Bylaw:
2.2. 1
Construction, the discharge of firearms, or power equipment
usage
2. 3
The following types of noise, arising at anytime, are exempt from this Bylaw:
2.3. 1
Police, Fire, Ambulance,
or
any
other
services
related
to public
necessity
or
emergency
2. 3. 2
Railway, Airport, or any operations within the legislative authority of Parliament
2. 3. 3
Municipal
equipment
operations, including
but not limited to snow removal, road
clearance,
grass
cutting
etc.
2.3.4
Garbage & Recycling collection operations
2.3. 5
Operations by or on behalf of a public utility where work needs to be done to
minimize service interruptions
2. 3. 6
Signaling devices utilized as traffic and pedestrian control devices at intersections
and
crosswalks
2. 3. 7
Operations related to municipal construction or maintenance projects
2. 3. 8
The discharge of consumer fireworks, display fireworks or pyrotechnic special
effects fireworks if such discharge
complies with the municipal
by -law regulating
the discharge of fireworks
2. 3. 9
Bells, chimes, carillons or clocks associated with religious or public buildings or
uses
2.3. 10
Activities from industrial uses located in lands zoned for industrial use if 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
sound
as
a source
of contamination
2.3. 11
Activities as part of normal farm practice and carried on as part of an agricultural
operation
2. 3. 12
The use in a reasonable manner of any apparatus or mechanism for the amplification
of the human voice or of music in a public park or any other commodious
space in
connection
with any public
election
meeting
or other lawful
gathering
between
9: OOAM and 6: OOPM
2. 3. 13
A military
or other
band
in
a parade if the parade
is operating
under
written
permission of the Township of Norwich
2.3. 14
The use in a reasonable manner of vehicles and equipment when utilized for the
clearing and removal of snow from private property
3
ENFORCEMENT
3. 1
The provisions of this by -law shall be enforced by a By -law Enforcement Officer,
Provincial Offences Officer (as defined by the Provincial Offences Act), or other individual
duly appointed for the purpose of enforcing this by -law.
3. 2
A Township By -law Enforcement Officer is authorized to enter onto land to conduct an
inspection to determine whether the provisions of this by -law are being complied with.
4
PENALTIES
4. 1
Every person who contravenes any provisions of this by -law is guilty of an offence and is
liable, upon conviction, to any penalty as provided for in the Provincial Offences Act.
5
SEVERABILITY
5. 1
In the event, that any provision, section, clause, sentence or any part or parts thereof of this
by -law is declared by any Court of Law to be invalid, illegal or ultra - wires, such provision,
section, clause, sentence or any part or parts thereof shall be severable and shall not affect
the validity of any other provision, section, clause, sentence, or any part or parts thereof of
this by -law.
6
EFFECTIVE
DATE
6. 1
This by -law shall be effective upon the final passing thereof.
6. 2
That all and any previous by -laws, the terms and provisions of which are inconsistent
and
in conflict with the provisions contained herein, shall be now and are herewith repealed.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED ON THIS 24 °i DAY
OF SEPTEMBER, 2013.
MAYOR
DONALD
DOAN
i
CAO / CLERIC
MICHAEL GRAVES