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THE CORPORATION OF THE TOWNSHIP OF O'CONNOR
BY-LAW NUMBER 2009-09 as amended
Being a By-law to prohibit and regulate Noise in the Corporation of the
Township of O'Connor.
WHEREAS Section 129 of the Municipal Act, 2001 authorizes municipalities to
prohibit and regulate noise and other nuisances.
AND WHEREAS the Council of the Corporation recognizes that balance must be
achieved between the clash of individual interests that arise in modern
municipalities, and that the existence of organized society depends upon the
principle of "give and take".
AND WHEREAS it is considered necessary and expedient to replace By-law #839 of
the Township of O'Connor.
THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF O'CONNOR
ENACTS AS FOLLOWS:
Article 1.00: Interpretation
1.01 Definitions: Wherever a term set out below appears in the text of this By-law
with its initial letters capitalized, the term is intended to have the meaning set out for
it in this Section 1.01. Wherever a term below appears in the text of this By-law in
regular case, it is intended to have the meaning ordinarily attributed to it in the
English language.
(a) By-law means this By-law, including its recitals and schedules, which form
integral parts of it, as amended from time to time.
(b) Compression Brake, also known as "engine compression exhaust style
brake", refers to a system by which vehicle braking is achieved by using the
engine compression stroke to slow the vehicle drive wheels by opening an
exhaust valve at or near the end of the compression stroke thereby turning the
power-producing engine into a power-absorbing air compressor.
(c) Construction means the 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, including any associated or related work.
(d) Construction Equipment means any equipment or device designed and
intended for use in construction or material handling, including: 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.
(e) Corporation means The Corporation of the Township of O'Connor, a municipal
corporation duly incorporated pursuant to the laws of the Province of Ontario.
THE CORPORATION OF THE TOWNSHIP OF O'CONNOR
BY-LAW NUMBER 2009-09 (con't)
(f)
Council means the elected municipal council of the Corporation.
(g) 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.
(h) Motor Vehicle means 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 traction engine, farm tractor, other farm vehicle or road-
building machine.
(i)
Municipal Law Enforcement Officer means any person duly appointed to
enforce the provisions of this By-law or any member of the Ontario Provincial
Police.
(j)
Municipal Service Vehicle means a Motor Vehicle operated by or on behalf of
the Corporation while the Motor Vehicle is being used for the construction,
repair or maintenance of a highway, including the clearing and removing of
snow or other municipal purpose.
(k) Noise means sound that is unusual or excessive, or that is reasonably
unwanted by or disturbing to persons, in the circumstances within which it
occurs.
(l)
Premises means any land or building which is not a Residence.
(m) Residence means a room, suite of rooms, or dwelling, operating as a
housekeeping unit that is lawfully used as a domicile.
(n) O'Connor means the geographic area within the jurisdiction of the Corporation.
(o) Utility means a system that is used to provide a utility service to the public,
including electricity, telephone and communications networks.
(p) Utility Service Vehicle means a Motor Vehicle operated by Hydro One,
TBayTel, or any of their subsidiaries or other companies or agencies that
supply or manage a Utility within O'Connor, while the Motor Vehicle is being
used for the construction, repair or maintenance of that Utility.
1.02 Legislation, By-laws: Each reference to Provincial legislation in this By-law,
unless otherwise specified, is a reference to the Revised Statutes of Ontario, 1990
edition, and, in every case, includes all applicable amendments to the legislation,
including successor legislation. Each reference to another by-law in this By-law,
unless otherwise specified, is a reference to a By-law of the Corporation, and, in
every case, includes all applicable amendments to the By-law, including successor
by-laws.
1.03 Construing this By-law: The captions, article and section names and numbers
appearing in this By-law are for convenience of reference only and have no effect on
its interpretation. This By-law is to be read with all changes of gender or number
required by the context. The words "include", "includes", "including" and
"included" are not to be interpreted as restricting or modifying the words or phrases
which precede them.
THE CORPORATION OF THE TOWNSHIP OF O'CONNOR
BY-LAW NUMBER 2009-09 (con't)
Article 2.00: Offences & Exemptions
2.01 General Noise Prohibition: It is an offence for a person to make, cause or
permit the making of Noise, or to permit the persistent barking, calling, whining, or
making other Noise, by animals and birds within O'Connor that is likely to disturb the
inhabitants of O'Connor.
2.02 Working Animals: This By-law does not apply to prohibit persons using
hearing-ear dogs, seeing-eye dogs, or other similar working animals, from allowing
those animals to make the sounds required of them in the course of their working
duties.
2.03 Specific Noise Prohibitions by Time: It is an offence for a person to make,
cause or permit the making of Noise within O'Connor that is the result of any of the
activities listed in the table in Schedule "A", during the days and between the hours
specified in Schedule "A" for that activity, that is audible to:
(a) A person in a Premises or a Motor Vehicle other than the Premises or Motor
Vehicle from which the Noise is originating; or
(b) A person in a Residence other than the Residence from which the Noise is
originating.
2.04 Compression Brakes: It is an offence for a person to make, cause or permit
the making of Noise through the operation of Compression Brakes on highways
within O'Connor.
2.05 Exemption for Emergencies: This By-law does not prohibit Noise reasonably
necessary resulting from measures undertaken in an Emergency for the immediate
health, safety or welfare of the inhabitants of O'Connor or for preservation or
restoration of property.
2.06 Specific Exemptions: This By-law does not prohibit Noise caused by any one
or more of the following activities:
(a) the operation of Municipal Service Vehicles and related equipment;
(b) the operation of Utility Service Vehicles and related equipment;
(c) the operation of Emergency Helicopters
(d) the authorized use of fireworks;
(e) special events that are sanctioned or approved by the Corporation, including:
festivals, races, parades, midways, exhibitions, circuses, etc.;
(f)
the operation of bells, chimes, carillons and clocks on churches, schools, or
public buildings;
(g) cultural, recreational, educational and political events in parks or other public
areas that are sanctioned or approved by the Corporation;
(h) neighbourhood events on highways or other municipal property that have been
sanctioned or approved by the Corporation;
(i)
activities normally associated with a lawful commercial or industrial use unless
specifically prohibited elsewhere in this By-law.
(j)
Temporary exemptions may be issued upon conditions that assist in achieving
the desired balance of interests as determined by Council.
THE CORPORATION OF THE TOWNSHIP OF O'CONNOR
BY-LAW NUMBER 2009-09 (con't)
Article 3.00: Enforcement & Penalties
3.01 Enforcement: This By-law may be enforced by the Municipal By-Law
Enforcement Officer, or by way of private information sworn in accordance with the
Provincial Offences Act.
3.02 Penalties: Every person who commits an offence under this By-law is, upon
conviction, liable to a fine or penalty as provided for in the Provincial Offences Act.
Article 4.00: Miscellaneous Matters
4.01 Repeals: The following by-laws of the Corporation are repealed:
(a) By-law #839
4.02 Effective Date: This By-law shall come into force and take effect upon
approval of the set fines associated with it by the Regional Chief Justice in
accordance with Part I of the Provincial Offences Act, and Rule 6 of Regulation 200
passed pursuant to the Courts of Justice Act.
Enacted and passed this 13th day of July, 2009 as witnessed by the Seal of the
Corporation and the hands of its proper Officers.
The Corporation of the
Township of O'Connor
Ron Nelson
______________________
Mayor
Lorna Buob
______________________
Clerk-Treasurer
THE CORPORATION OF THE TOWNSHIP OF O'CONNOR
BY-LAW NUMBER 2009-09 (con't)
Schedule "A"
Prohibitions During Specific Times
Noise-Causing Activity
Prohibited Times
1. Make, cause or permit the making of
Noise through Construction, including
the operation of Construction
Equipment during prohibited time.
From 11:00 p.m. any day until 7:00
a.m. the following day, unless the
following day is a Sunday or a
statutory holiday, in which case the
prohibition continues until 9:00 a.m.
2. Make, cause or permit the making of
Noise through the operation of any
device or group of connected devices
intended for the production,
reproduction, or amplification of voices
or sound during prohibited time.
From 11:00 p.m. any day until 7:00
a.m. the following day, unless the
following day is a Sunday or a
statutory holiday, in which case the
prohibition continues until 9:00 a.m.
3. Make, cause or permit the making of
Noise through the operation of a Motor
Vehicle other than on a place intended
for its operation during prohibited time.
From 11:00 p.m. any day until 7:00
a.m. the following day, unless the
following day is a Sunday or a
statutory holiday, in which case the
prohibition continues until 9:00 a.m.
4. Make, cause or permit the making of
Noise through the outdoor operation of
any powered or non-powered tool for
domestic purposes other than snow
removal during prohibited time.
From 11:00 p.m. any day until 7:00
a.m. the following day, unless the
following day is a Sunday or a
statutory holiday, in which case the
prohibition continues until 9:00 a.m.
5. Make, cause or permit the making of
Noise through the operation of a pit or
quarry during prohibited time.
From 11:00 p.m. any day until 7:00
a.m. the following day, and all day
on Sundays and statutory holidays.
6. Make, cause or permit the making of
noise through yelling, shouting, hooting,
whistling, singing or the playing of
musical instruments, including
percussion instruments during
prohibited time.
From 11:00 p.m. any day until 7:00
a.m. the following day, unless the
following day is a Sunday or a
statutory holiday, in which case the
prohibition continues until 9:00 a.m.
THE CORPORATION OF THE TOWNSHIP OF O'CONNOR
BY-LAW NUMBER 2009-09 (con't)
Schedule "B"
THE CORPORATION OF THE TOWNSHIP OF O'CONNOR
PART I PROVINCIAL OFFENCES ACT
BY-LAW NUMBER 2009-09: NOISE REGULATION
Item #
Short form Wording
Provision Creating or
Defining Offence
Set fines
1.
Cause noise likely to disturb
inhabitants.
Section 2.01
$110.00
2.
Permit noise by animals likely to
disturb inhabitants.
Section 2.01
$110.00
3.
Cause noise by construction during
prohibited time.
Section 2.03 and
Schedule A, Section 1
$110.00
4.
Cause noise by sound production,
reproduction or amplification during
prohibited time.
Section 2.03 and
Schedule A, Section 2
$110.00
5.
Cause noise by the operation of a
motor vehicle during prohibited time.
Section 2.03 and
Schedule A, Section 3
$110.00
6.
Cause noise by use of domestic tool
during prohibited time.
Section 2.03 and
Schedule A, Section 4
$110.00
7.
Cause noise by the operation of a pit
or quarry during prohibited time.
Section 2.03 and
Schedule A, Section 5
$110.00
8.
Cause noise by yelling, shouting,
hooting, whistling, singing or playing
of musical instruments during
prohibited time.
Section 2.03 and
Schedule A, Section 6
$110.00
Note: the general penalty provision for the offences listed above is section 3.02 of
By-law 2009-09, a certified copy of which has been filed.
As amended by By-law 2009-11