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THE CORPORATION OF THE TOWNSHIP OF
OTONABEE-SOUTH MONAGHAN
2024-58
Being a By-Law to Prohibit and Otherwise Control Noises within the Township of
Otonabee-South Monaghan
________________________________________________________
WHEREAS Section 8 of the Municipal Act, 2001, S.O. 2001, c. 25 provides that the powers
of a municipality shall be interpreted broadly so as to confer broad authority on
municipalities to enable them to govern their affairs as they consider appropriate, and to
enhance their ability to respond to municipal issues;
AND WHEREAS Section 11 of the Municipal Act, 2001, S.O. 2001, c.25 provides that a
municipality may pass by-laws respecting the economic, social and environmental well-
being of the municipality; the health, safety and well-being of persons; and the protection
of persons and property;
AND WHEREAS under Section 128 of the Municipal Act, 2001, S.O. 2001, c.25, in the
opinion of Council, the matters addressed in this by-law are, or could become or cause
public nuisances, and notwithstanding the generality of the foregoing, Council is of the
opinion that public nuisances and nuisance parties as defined herein are public nuisances
within the meaning of section 128;
AND WHEREAS Section 129 of the Municipal Act, 2001, S.O. 2001, c.25 authorizes
municipalities to pass a by-law to prohibit and regulate noise;
AND WHEREAS Section 425 of the Municipal Act, 2001, S.O. 2001, c.25 provides that a
municipality may pass by-laws providing that a person who contravenes a by-law of the
municipality passed under that Act is guilty of an offence;
AND WHEREAS section 444 of the Municipal Act, 2001, S.O. 2001, c.25 provides that a
municipality make an order requiring a person who contravenes a 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;
NOW THEREFORE the Council of the Corporation of the Township of Otonabee-South
Monaghan hereby enacts as follows:
1. Short Title
The short title of this By-Law is the Noise By-Law.
2. Definitions
For the purpose of this By-Law:
2.1
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 sound;
2.2
Clerk means the Municipal Clerk for the Township, or his/her designate;
2.3
Construction includes but is not limited to the erection, alteration, repair,
dismantling, demolition, structure maintenance of buildings, land clearing,
earth moving, grading, excavation, blasting and detonation of explosives
other than fireworks, the laying of pipe and conduit whether above or below
ground level, highway building, concreting, equipment installation, removal
or alteration and the structural installation of Construction components and
materials in any form or for any purpose, and includes any associated or
related work;
2.4
Construction Equipment means any equipment or device designed or
intended for use in Construction or material handling, including but not
limited to 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 any other material handling
equipment;
2.5
Council means the Council of the Corporation of the Township of
Otonabee-South Monaghan;
2.6
Emergency means a situation or an impending condition, which is or may
be dangerous, caused by the forces of nature, an accident, an intentional
act or otherwise, which arises suddenly and requires prompt action to
remedy the situation;
2.7
Emergency Vehicle includes an ambulance, air ambulance, fire department
vehicle, any vehicle being used by a police officer in the performance of his
duties including a helicopter or airplane and shall also include utility vehicles
and any vehicle used to respond to an Emergency;
2.8
Highway shall have the same meaning as it has under the Highway Traffic Act,
R.S.O. 1990;
2.9
Motor Vehicle shall have the same meaning as it has under the Highway
Traffic Act, R.S.O. 1990, and shall include a motorized snow vehicle and off-
road vehicle;
2.10
Municipal Service Vehicle means a vehicle operated by or on behalf of a
government or government agency while such vehicle is being used for the
provision of a government service;
2.11
Municipal Law Enforcement Officer means a Municipal Law Enforcement
Officer appointed by the Corporation of the Township of Otonabee-South
Monaghan to enforce By-Laws;
2.12
Municipality means all land within the geographic limits of the Township
of Otonabee-South Monaghan;
2.13
Noise means an unusual or excessive sound likely to disturb the inhabitants
of the Township of Otonabee-South Monaghan;
2.14
Officer means a Police Officer as defined in the Police Services Act, R.S.O.
1990, and shall include a Municipal Law Enforcement Officer and special
constable;
2.15
Persistent Noise means any noise that is continuously heard for a period
of ten minutes or more or intermittently over a period of one hour or more;
2.16
Person includes an individual, a corporation, partnership, or sole
proprietorship;
2.17
Place means any land, including any Residence, Structure, Highway, park, or
any other property;
2.18
Point of Reception means any Place where sound or vibration is heard or
received other than the Place from which it originated;
2.19
Public Holiday(s) shall have the same meaning as it has under the
Employment Standards Act, S.O. 2000;
2.20
Residence means land and buildings used for human habitation;
2.21
Residential Area means all areas zoned Residential and all areas zoned as
Rural under the Township of Otonabee-South Monaghan Zoning By-Law;
2.22
Stereo includes a CD player, cassette player, MP3 player, or other similar
media device which is connected to non-amplified speakers;
2.23
Structure means anything constructed or erected, the use of which requires
location on the ground, or attached to something having location on the
ground. For the purposes of this By-law, this definition shall include Motor
Vehicles and temporary structures such as tents;
2.24
Township means the Corporation of the Township of Otonabee-South
Monaghan;
2.25
Unreasonable Noise means any noise that would disturb the peace, rest,
enjoyment, comfort, or convenience of a reasonable person in the
circumstances but does not include commonplace household or workplace
sounds such as sound from furniture being moved, children playing, or
people engaging in conversation.
3. Scope
3.1
The general prohibitions on activities described in Section 4 shall apply to
all Places and Persons within the Township of Otonabee-South Monaghan.
3.2
The prohibitions on activities by time and place described in Schedule "A"
shall apply to the Places within the Township during the days and between
the hours specified in Schedule "A".
3.3
The general exemptions in Section 6 shall apply to all Places within the
Township of Otonabee-South Monaghan.
4. General Prohibitions
4.1
No person shall emit, cause, or permit the emission of Noise which is clearly
audible at a Point of Reception.
4.2
No person shall emit, cause, or permit the emission of Noise which is likely
to disturb any Person in the Town. For the purpose of this By-law and
without limiting the generality of the foregoing, the following Noises shall
be deemed to be Noises likely to disturb any Person in the Town:
a)
the operation of a Motor Vehicle in such a way that tires squeal;
b)
the operation of a Motor Vehicle in a race;
c)
the operation of a Motor Vehicle, other than on a highway, without
an effective exhaust muffling device that is in good working order
and in constant operation;
d)
the operation of any combustion engine or pneumatic device
without an effective exhaust or intake muffling device in constant
operation;
e)
the operation of a vehicle or a vehicle with a trailer resulting in
banging, clanking, squealing or other like Noises;
f)
the operation of an engine or motor in, or on, any vehicle or item of
attached auxiliary equipment for a continuous period of more than
five minutes while such vehicle is stationary unless:
i)
The continuous operation of the engine or motor is essential
to the basic function of the vehicle or equipment;
ii)
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 the
preservation of the perishable cargo, and the vehicle is
stationary for purposes of delivery or loading;
g)
the use of a horn, whistle, alarm, bell, gong or the like, except for an
auditory safety or warning devise or chimes used in association with
a religious establishment;
h)
the operation of an air conditioner, pool pump or filter, heat pump
or the like that is not in proper working order;
i)
the Noise or sound caused by a burglar alarm or similar security
device which is permitted to continue for more than ten (10) minutes
where there is not an emergency, breach of the peace or similar
incident;
j)
selling, hawking or other advertising by amplified sound;
k)
make, cause or permit, at any time, unreasonable noise, or persistent
noise likely to disturb the peace and enjoyment of any Person.
5. Prohibition by Time
5.1
No person shall emit, cause or permit the emission of Noise from any
activity listed in Schedule "A" if clearly audible at a Point of Reception, within
the prohibited time shown for such Point of Reception.
6. Exemptions
This By-Law does not apply to sound emitted or caused or permitted in connection
with:
6.1
Measures undertaken in an emergency for the immediate health, safety, or
welfare of Persons and animals;
6.2
Measures undertaken in an emergency for the preservation or restoration
of property;
6.3
The operation of emergency vehicles;
6.4
The operation of bells utilized as traffic control devices including bells and
other devices at traffic signal locations and bells at railway crossings;
6.5
The activities of snow plowing and/or removal;
6.6
Measures undertaken where the Municipality, its servants, employees,
contractors or agents are carrying out Township operations or operating,
maintaining or installing municipally owned infrastructure, facilities or the
like;
6.7
Emergency Construction of any municipal, regional, provincial, or federal
public works;
6.8
Non-emergency Construction, reconstruction, or repair of any regional,
provincial or federal public works including the Construction, reconstruction
or repair of a public Highway provided the Town is given advanced written
notice of the hours to be worked if outside the permitted Construction
hours and notice is provided to residents affected by any noise related to
the Construction;
6.9
Road or bicycle races, parades, circuses, festivals, cultural and recreational
events, entertainment activities in public parks, or neighborhood social
activities approved by the Municipality;
6.10
Sport or recreational activities or events in public or private parks,
playgrounds, schoolyards, or recreational centres approved by the
Municipality;
6.11
The use of implements of husbandry in the operation of agricultural or Farm
activity related to food crop seeding, chemical spraying, harvesting, or
livestock operations carried on by a farmer.
7. Exemptions Granted by Council
7.1
Any person may make an application for an exemption from any of the
provisions of this By-Law and Council or designate may refuse or grant an
exemption. An exemption shall specify the time period during which it is
effective, and may contain such terms and conditions a Council sees fit.
7.2
Applications for an exemption under Section 7.1 shall be filed with the Clerk
or designate no less than 30 consecutive days prior to the proposed date of
exemption, and submitted on an application in the form prescribed by the
Clerk, and shall provide:
a)
The applicant's name, address, and telephone number;
b)
The date, time, and location of the event or activity for which the
exemption is sought and where applicable, the number of people
expected to attend;
c)
In the instance an applicant is not the owner of the property from
which the Noise/vibration will be emanating, signed consent from
the owner will be required;
d)
A description of the source of the Noise and/or vibration in respect
of which the exemption is being sought;
e)
The period of time for which exemption is being sought;
f)
The section of the By-Law from which exemption is being sought;
g)
The purpose and reasons why the exemption should be granted;
h)
A statement of the steps, if any, planned or presently being taken to
minimize the Noise;
i)
Written confirmation that all property owners within a 500-metre
radius of the point from which the Noise will be emitted have been
notified along with a copy of the public notice;
j)
The name, address, and telephone number of at least one contact
Person who will supervise the event or activity; and
k)
All applicable fees as set out in the "Fees & Charges By-Law", as
amended from time to time.
7.3
Council may impose conditions on a Temporary Noise Permit, including but
not limited to:
a) The type and volume of sounds that may be made;
b) The times during which sounds may be made;
c) The date of expiry of the Temporary Noise Permit; and
d) Any fees applicable.
7.4
The Clerk or designate shall review the application and prepare a report to
Council, which shall contain staff's opinion on the merits of the application
and recommendations as to the terms and conditions, if any.
7.5
Any exemption granted by Council is specific to the applicant, event, Noise,
location, and time identified in the written agreement, and any attempt to
alter the provisions thereof, or to assign the benefit thereof to another
Person, is invalid and shall immediately render the exemption null and void.
7.6
The decision of Council to grant or not to grant an exemption shall be final.
7.7
A breach by the applicant of any of the terms or conditions imposed by
Council in granting the exemption shall immediately render the exemption
null and void, and it shall be deemed revoked.
7.8
Where a written exemption approval has been prepared, such agreement
shall be immediately produced for inspection upon the request of an Officer.
8. Enforcement and Inspection
8.1
This By-Law shall be enforced by any designated Officer.
8.2
An officer may enter the premises for an inspection to determine whether
this by-law and any orders issued under it are being complied with
according to sections 435 and 436 of the Municipal Act, 2001.
8.3
For the purposes of an inspection under section 8.2, an officer may:
a) require, for inspection, the production for inspection of documents or
things relevant to the inspection;
b) inspect and remove documents or things relevant to the inspection to
make copies or take extracts of them;
c) require information from any person concerning a matter related to the
inspection; and
d) alone, or together with a person having special or expert knowledge,
make examinations or take tests, samples, or photographs necessary for
the purposes of the inspection.
8.4
Where an officer has reasonable grounds to believe that an offence under
this by-law has been committed by a person, then the officer may require
the name, address, and proof of identity of that person.
8.5
An officer may issue an order directing that the contravention cease.
8.6
An order given under section 8.5 shall identify
a) the premises where the contravention occurred; and
b) the reasonable particulars of the contravention.
8.7
An order given under section 8.5 may be given orally or may be served
personally on the person or persons to whom it is directed.
8.8
An order given in writing under this by-law may be served personally on the
person to whom it is directed or by registered mail to the last known address
of that person.
8.9
If there is evidence that the occupant of the premises is not the registered
property owner, then the notice may be served on both the registered
property owner and the occupant of the premises.
8.10
If the address of the registered property owner is unknown, the Town is
unable to effect service on the registered property owner or occupant of the
premises under section 8.9, or the delay necessary to give an order would
result in circumstances that endanger the health or safety of any person or
similarly serious consequences, a placard stating the terms of the order and
placed on a conspicuous place upon land or near the property shall be
deemed to be sufficient notice to the registered property owner or the
occupant of the premises.
8.11
An order served by registered mail shall be deemed to have been received
on the fifth day after it is mailed.
8.12
No person shall hinder or obstruct, or attempt to hinder or obstruct, any
person exercising a power or performing a duty under this By-law.
9. Penalty
9.1
Every person who contravenes any provision of this By-Law is guilty of an
offence and upon conviction is liable to a fine as provided for by the
Provincial Offences Act, R.S.O. 1990, Chapter P.33, as amended.
9.2
A person is guilty of a separate offense on each day that an offence under
sections 4.2 and 5.1 occurs or continues.
9.3
Despite the maximum fines set out in Schedule "B", the court that
convicts a person of an offence may increase a fine imposed on the
person by an amount equal to the financial benefit that was acquired
by or that accrued to the person because of the commission of the
offence.
9.4
If the owner or occupier of premises at which a nuisance party is held
is present at the nuisance party, then the owner or occupier is presumed, in
the absence of evidence to the contrary, to be hosting or organizing the
nuisance party.
9.5
If this by-law is contravened and a conviction entered, the court in which
the conviction has been entered and any court of competent jurisdiction
thereafter may, in addition to any other remedy and to any penalty that is
imposed, make an order prohibiting the continuation or repetition of the
offence by the person convicted.
10. Severability
10.1
If a court of competent jurisdiction should declare any section or part of a
section of this By-Law to be invalid, the remainder of this By-Law shall
continue in force unless the court makes an order to the contrary.
11. Repeal
11.1
By-Law Number 2020-36 is hereby repealed in its entirety.
12. Date Effective
12.1
This By-Law shall come into full force and take effect upon the day it is
passed.
Read the First time and second time on this 12th day of August, 2024.
Read a Third time, signed and sealed with the corporate Seal on this 12th day of August,
2024.
_____________________________
Mayor- Joe Taylor
_____________________________
Clerk- Heather Scott
The Township of Otonabee-South Monaghan
By-Law No. 2024-58
Schedule "A"
Noise Prohibition by Time
ITEM
ACTIVITY
TIME
1
Operation of Construction Equipment in
connection with Construction
Between 1900-0700
and all Sundays and
Public Holiday(s)
2
Operation or use of any tool for domestic
construction or other domestic purpose including
lawn maintenance equipment
Between 2100-0700
and 2100-0900 on
Sundays and Public
Holiday(s)
3
Operate a device(s) intended for the production or
re-production of amplified sound, not including a
Stereo
Between 2100-0700
and 2100-0900 on
Sundays and Public
Holiday(s)
4
Operation of a solid waste bulk lift as a result of
private garbage collection or refuse compacting
equipment
Between 1900-0700
and all Sundays and
Public Holiday(s)
5
Conduct any loading, unloading, delivering or
otherwise, of any container, products or refuse,
unless necessary for the maintenance of essential
services or for the moving of household effects
Between 1900-0700
and on all Sundays and
Public Holiday(s)
6
Operation of a commercial car wash with air-drying
equipment
At all times
7
Detonation of fireworks
Between 2300-1700
8
The playing of any amplified musical instrument or
amplified Stereo
Between 2300-0900
The Township of Otonabee-South Monaghan
PART 1 Provincial Offences Act
By-Law No. 2024-58: Noise By-Law
Schedule "B"
ITEM
COLUMN 1
Short Form Wording
COLUMN 2
Provision creating
or defining offence
COLUMN 3
Set Fine
1
Emit, cause, or permit the emission of
Noise which is clearly audible at a Point
of Reception
s. 4.1
$150.00
2
Operation of a Motor Vehicle in such a
way that tires squeal
s. 4.2(a)
$150.00
3
Operation of a Motor Vehicle in a race
s. 4.2(b)
$150.00
4
Operation of a Motor Vehicle without
an effective exhaust muffling device
s. 4.2(c)
$150.00
5
Operation of any combustion engine
or pneumatic device without an
effective exhaust or intake muffling
device
s. 4.2(d)
$150.00
6
Operation of a vehicle or vehicle with a
trailer resulting in banging, clanking, or
squealing
s. 4.2(e)
$150.00
7
Operation of an engine or motor on
any vehicle or item of attached
auxiliary equipment for more than five
minutes when stationary
s. 4.2(f)
$150.00
8
Use of a horn, whistle, alarm, bell, gong
or the like
s. 4.2(g)
$150.00
9
Operation of an air conditioner, pool
pump or filter, heat pump or the like
that is not in proper working order
s. 4.2(h)
$150.00
10
Noise caused by a burglar alarm or
security device where there is not an
emergency or breach of the peace
s. 4.2(i)
$150.00
11
Selling, hawking, or other advertising
by amplified sound
s. 4.2(j)
$150.00
13
Make, cause, or permit, at any time,
unreasonable noise or persistent noise
likely to disturb the peace and
enjoyment of a Person
s. 4.2(k)
$150.00
14
Violation of Noise Prohibitions by Time
s. 5.1
$150.00
Note: The general penalty provision for the offences listed above is Section 9 of
this By-law 2024-58. A certified copy of which has been filed.