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By-law No. 2024-027
Noise By-law
Table of Contents
Part I. Part I. Short Title, Purpose and Scope ............................................... 3
Short Title ......................................................................................... 3
Purpose ............................................................................................ 3
Scope ............................................................................................... 3
Part II. Interpretation ................................................................................ 4
Headings ........................................................................................... 4
Gender and Number ........................................................................... 4
References to Applicable Law ............................................................... 4
Severability ....................................................................................... 4
Definitions ......................................................................................... 4
Part III. Prohibitions and Permits ................................................................. 6
Prohibitions ....................................................................................... 6
Permits ............................................................................................. 6
Part IV. Investigations................................................................................ 7
Inspection ......................................................................................... 7
Order to discontinue activity ................................................................ 8
Work Order ....................................................................................... 8
Notice ............................................................................................... 9
Remedial action ................................................................................. 9
Part V. Offence and Penalty ........................................................................ 9
Part VI. Repeal and Effective Date ............................................................... 9
Repeal .............................................................................................. 9
Effective Date .................................................................................... 9
Schedule 'A' - Permitted Noise by Time .............................................. 11
PAGE 2
BY-LAW NO. 2024-027
Consolidated Version
Last revised on March 12, 2024
Revision History:
Passed On:
Description of
amendment
2024-027 (original)
March 11, 2024
-
Consolidated for Convenience Only
This is a consolidation copy of a City of Owen Sound By-law for convenience and
information. While every effort is made to ensure the accuracy of this by-law, it
is not an official version or a legal document. The original by-law should be
consulted for all interpretations and applications on this subject. For more
information or to view by-laws please contact the Clerks Department.
The Corporation of the City of Owen Sound
By-law No. 2024-027
A By-law to prohibit and regulate noise within the City
WHEREAS subsection 5(1) of the Municipal Act, 2001, S.O. 2001, c. 25 (the
"Municipal Act") requires that the powers of a municipality be exercised by its
Council and subsection 5(3) requires that such powers be exercised by by-law
including a capacity, right, power and privilege under section 9 unless specifically
authorized to do otherwise; and
WHEREAS section 11(2) of the Municipal Act provides that a municipality may
pass by-laws respecting the health, safety and well-being of persons; and
WHEREAS section 129 of the Municipal Act provides that, without limiting
sections 9 and 11, a local municipality may prohibit and regulate with respect to
noise and may prohibit noise unless a permit is obtained from the municipality
and may impose conditions for obtaining, continuing to hold and renewing the
permit; and
WHEREAS section 425 of the Municipal Act provides that any person who
contravenes any by-law of the municipality is guilty of an offence; and
WHEREAS section 444 of the Municipal Act provides that a municipality may
make an order requiring a person who contravened 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; and
WHEREAS on February 26, 2024, the Council of The Corporation of the City of
Owen Sound (the "City") passed Resolution No. R-240226-014 directing staff to
bring forward the subject by-law for approval and to repeal By-law No. 2001-
034, in consideration of staff report CR-24-008 presented to the Corporate
Services Committee on February 8, 2024;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF OWEN
SOUND HEREBY ENACTS AS FOLLOWS:
Part I. Part I. Short Title, Purpose and Scope
Short Title
1.
The by-law may be referred to as the "Noise By-law" and when so
referenced includes all future amendments, unless otherwise specified.
Purpose
2.
This by-law has been enacted to:
a.
safeguard the quality of City communities and neighbourhoods;
b.
protect the health and well-being of the public; and
c.
ensure the continued enjoyment of the City by residents and visitors.
Scope
3.
This by-law applies to all residents and visitors to the City but does not
apply to:
a.
the City, including any City events, operations, services or activities;
b.
the County of Grey
PAGE 4
BY-LAW NO. 2024-027
c.
the Provincial of Ontario;
d.
the Dominion of Canada; or
e.
a Public Utility in the performance of its duties.
4.
This by-law applies to all noise except noise related to:
a.
a public emergency involving the health, safety or welfare of the
public;
b.
sport, entertainment or recreational events authorized by the City;
c.
snow-removal equipment or activities while in the process of
removing snow;
d.
"normal farm practice" as defined in the Farming and Food
Production Protection Act, 1998, S.O. 1998, c. 1;
e.
the operation of excavation equipment when used in a cemetery in
conjunction with interment services;
f.
noise between the hours of 7:00 a.m. and 7:00 p.m. resulting from
any permitted uses within a Commercial Zone, as defined by the
City's Zoning By-law, and is not otherwise regulated within this or
any other City by-law or agreement; and
g.
any activity for which a noise permit under this by-law has been
issued.
Part II. Interpretation
Headings
5.
The division of this by-law into parts and the insertion of headings are for
convenient reference only and do not affect the interpretation of the by-
law.
Gender and Number
6.
In this by-law, unless the contrary intention is indicated, words used in the
singular include the plural and words imparting a gender include all
genders, where applicable.
References to Applicable Law
7.
All references to applicable law are ambulatory and apply as amended,
extended or re-enacted from time to time.
Severability
8.
In the event any provisions of this by-law are deemed invalid or void, in
whole or in part, by any court of competent jurisdiction, the remaining
terms and provisions shall remain in full force and effect.
Definitions
9.
For the purposes of this by-law:
"Active Development" means where construction is ongoing on a property
in relation to an application for a Plan of Subdivision or a Site Plan
application that has been approved by the City;
"Cemetery" means lands set aside and approved by the Bereavement
Authority of Ontario for the interment of human remains;
PAGE 5
BY-LAW NO. 2024-027
"City" means The Corporation of the City of Owen Sound or the
geographical location as the context requires;
"Construction" means the 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 installing of construction
components and materials in any form or for any purpose, includes any
work in connection therewith and this definition excludes any "Domestic
Works" as defined within this by-law;
"Construction Equipment" means any equipment or device designed and
intended for use in Construction or material handling, including but not
limited to, air compressors, power saws, belt sanders, powered drills,
jackhammers, 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
and any other similar equipment;
"Domestic Works" means any Construction, renovation or repair being
completed by an Owner to their own property;
"Holiday" means any holiday set out as a holiday in the Retail Business
Holidays Act, R.S.O. 1990, c. R.30 or any successor legislation;
"Officer" means person appointed by Council as a Municipal Law
Enforcement Officer, or a Police Officer, or other individual duly appointed
to enforce this by-law;
"Persistent" means, in reference to barking, howling, calling, whining,
squawking or other sound-making by an animal or bird, continuously or
intermittently for an aggregate period of at least ten (10) minutes out of
any sixty (60) minute period;
"Person" means an individual, corporation, partnership, association or
other legal entity, and the related heirs, executors, assignees and
administrators;
"Property Maintenance Tools" means specialized tools for mowing,
trimming or landscaping and includes but is not limited to powered or non-
powered tools, lawnmowers, hedge trimmers, whipper-snippers, leaf
blowers, chain saws, power washers, power assisted sweepers and
vacuums, but does not include snow-removal equipment;
"Public Utility" means a company that provides a public service such as
water, sewer, electricity, internet or telephone services;
"Site Alteration" means activities such as removal of topsoil from land, the
placement or dumping of fill on land, the alteration of the grade of land or
excavation by any means including the removal of vegetative cover, the
compaction of soil or the creation of impervious surfaces, or any
combination of these activities that would change the landforms and
natural vegetative characteristics of land;
PAGE 6
BY-LAW NO. 2024-027
Part III. Prohibitions and Permits
Prohibitions
10.
Subject to section 11, no person may create, cause or permit any noise
likely to disturb the inhabitants of the City.
11.
No person may emit, cause or permit noise created by an activity set out
in Column 1 of Schedule 'A' to this by-law except during the periods of
time set out in Column 2 of Schedule 'A'.
12.
No person may, at any time, emit, cause or permit noise created by:
a.
the squealing of tires;
b.
the use of a horn, whistle, alarm, bell, gong or the like, except for an
auditory safety or warning device or chimes used in association with
a religious establishment;
c.
the detonation of explosives;
d.
the operation of equipment that is not in proper working order,
including but not limited to an air conditioner, pool pump or filter, or
heat pump;
e.
the operation of a combustion engine without an effective exhaust
muffling device in proper working order;
f.
the operation of a vehicle radio, stereo or similar device at an
excessive volume, in the opinion of the Officer; or
g.
the persistent barking, howling, calling, whining, squawking or other
similar persistent noise-making by any domestic pet or any other
animal(s) or bird(s) kept or used for any purpose other than
agriculture, provided that the agricultural use is permitted under the
City's Zoning By-law.
13.
Notwithstanding subsection 12(g) above, if at the time of sound by an
animal(s) or bird(s) a person or other animal or bird is trespassing or
threatening to trespass upon the private property on which the animal is
situated, the sound-making is deemed not to be an infringement of this
by-law;
Permits
14.
Notwithstanding any other section of this by-law, any person may apply to
the City Clerk, in writing, for a permit to engage in activity that would
otherwise be prohibited by this by-law.
15.
The City Clerk may consider a permit application or forward the application
to Council to make the final decision on whether to grant or refuse the
application and any conditions that may accompany the permit.
16.
A permit application must be provided to the City Clerk at least forty-five
(45) days prior to the date that the activity will begin, and the application
must include:
a.
the name and address of the applicant;
b.
a description of the proposed noise;
c.
the location at which the proposed noise will take place;
d.
the period of time for which a permit is sought;
e.
reason(s) why the permit should be granted; and
PAGE 7
BY-LAW NO. 2024-027
f.
the applicable fee, pursuant to the City's Fees and Charges By-law.
17.
Upon receiving a permit application, the City Clerk will notify neighbours
within a 60 m area of:
a.
the proposed noise;
b.
the ability to provide comments on whether a permit should be
granted; and
c.
the date that comments are due to the City.
18.
In considering an application for a permit, the City Clerk or Council will
have regard to the following:
a.
the description of the proposed noise;
b.
public comments relating to the proposed noise;
c.
the location of where the proposed noise will take place;
d.
the period of time for which the permit is being sought;
e.
the reasons why the applicant thinks the permit should be granted;
and
f.
any applicable City by-laws or policies.
19.
After considering the merits of a permit application, the City Clerk or
Council may:
a.
issue a permit;
b.
issue a permit, subject to certain terms or conditions; or
c.
refuse to issue a permit.
20.
Where a permit is issued, the permit will specify any terms or conditions of
the permit and the period of time during which the permit is effective.
21.
A permit may be immediately revoked by the City Clerk if an applicant, or
any person acting on the applicant's behalf:
a.
provided false or misleading information on the permit application
submitted to the City;
b.
violates this by-law;
c.
violates any other City by-law or policy; or
d.
violates any of the terms or conditions of a permit.
Part IV. Investigations
Inspection
22.
The City may enter on land at any reasonable time for the purpose of
carrying out an inspection to determine whether or not the following are
being complied with:
a.
this by-law; or
b.
an order made under section 431 of the Municipal Act.
23.
For the purposes of conducting an inspection pursuant to section 22 of this
by-law, the City may, in accordance with the provisions of section 436 of
the Municipal Act:
a.
require the production for inspection of documents or things relevant
to the inspection;
PAGE 8
BY-LAW NO. 2024-027
b.
inspect and remove documents or things relevant to the inspection
for the purpose of making copies or extracts;
c.
require information from any person concerning a matter related to
the inspection; and
d.
along or in conjunction with a person possessing special or expert
knowledge, make examinations or take tests, samples or
photographs necessary for the purpose of the inspection.
24.
Every person who is required by an Officer to provide identification must
identify themselves to the Officer by giving their full and correct name,
date of birth and address.
25.
No person shall obstruct, hinder or otherwise interfere with an Officer while
performing their duty pursuant to this by-law.
Order to discontinue activity
26.
Where an Officer has reasonable grounds to believe that a contravention of
this by-law has occurred, the Officer may make an order requiring the
person who contravened this 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.
27.
An order under section 26 of this by-law must set out:
a.
reasonable particulars of the contravention adequate to identify the
contravention and the location of the land on which the
contravention occurred; and
b.
the date by which there must be compliance with the order.
28.
Any person who contravenes an order under section 26 of this by-law is
guilty of an offence.
Work Order
29.
Where an Officer has reasonable grounds to believe that a contravention of
this by-law has occurred, the Officer may make an order requiring the
person who contravened this by-law, or who caused or permitted the
contravention, or the owner or occupier of the land on which the
contravention occurred, to do work to correct the contravention.
30.
An order under section 29 of this by-law must set out:
a.
reasonable particulars of the contravention adequate to identify the
contravention and the location of the land on which the
contravention occurred;
b.
the work to be done; and
c.
the date by which the work must be done.
31.
An order under section 29 of this by-law may require work to be done even
though the facts which constitute the contravention of this by-law were
present before this by-law came into force.
32.
Any person who contravenes an order under section 29 of this by-law is
guilty of an offence.
PAGE 9
BY-LAW NO. 2024-027
Notice
33.
Any order issued pursuant to this by-law may be given in writing in any of
the following ways and is effective:
a.
on the date on which a copy is delivered to the person to whom it is
addressed;
b.
on the fifth day after a copy is sent by mail to the person's last
known address;
c.
upon the sending of a copy by e-mail transmission to the person's
last known email address; or
d.
posting on the premises, on the date of posting.
34.
For the purpose of section 30, a person's last known address and last
known email address are deemed to include information on the last revised
assessment roll and on a permit application submitted pursuant to this by-
law.
Remedial action
35.
If a person fails to do a matter or thing, including comply with an order
under by-law, as directed or required by this by-law, the City may, in
default of it being done by the person directed or required to do it, do the
matter or thing at the person's expense. The City may recover the costs of
doing a matter or thing from the person directed or required to do it by
action or by adding the costs to the tax roll and collecting them in the
same manner as municipal taxes.
36.
The costs outlined in section 35 of this by-law shall include interest
calculated at a rate of 15 per cent (15%) per annum, calculated for the
period commencing on the day the City incurs the costs and ending on the
day the costs, including the interest, are paid in full.
37.
The amount of the costs, including interest, constitutes a lien on the land
upon the registration in the proper land registry office of a notice of lien.
The lien is in respect of all costs that are payable at the time the notice is
registered plus interest accrued to the date the payment is made. Upon
receiving payment, the City will register a discharge of the lien in the
proper registry office.
Part V. Offence and Penalty
38.
Every person who contravenes the provisions of this by-law is guilty of an
offence and, upon conviction, is liable to a fine or penalty as provided for
in the Provincial Offences Act.
Part VI. Repeal and Effective Date
Repeal
39.
By-law Nos. 1959-2322, 1977-064 and 2001-034 are repealed.
Effective Date
40.
The by-law shall come into full force and effect on the date that the set
fine order is signed by the Regional Senior Judge of the Ontario Court of
Justice at which time all by-laws, policies, and resolutions that are
inconsistent with the provisions of this by-law are hereby repealed,
revoked or rescinded, as the case may be, insofar as it is necessary to give
effect to the provisions of this by-law.
PAGE 10
BY-LAW NO. 2024-027
FINALLY PASSED AND ENACTED this 11th day of March 2024.
Mayor Ian C. Boddy
Briana M. Bloomfield, City Clerk
PAGE 11
BY-LAW NO. 2024-027
Schedule 'A' - Permitted Noise by Time
Column 1
Column 2
Item
Activity
Permitted Periods of Time
1.
The operation of a radio, television,
stereo or other electronic device
including any amplification device, or
any musical or other sound producing
instrument.
7:00 a.m. - 11:00 p.m.
weekdays
8:00 a.m. - 11:00 p.m.
weekends
2.
Yelling, shouting or similar activities.
7:00 a.m. - 11:00 p.m.
weekdays
8:00 a.m. - 11:00 p.m.
weekends
3.
The venting or release of steam, the
operation of a generator or air
filtration system, noise from grinding,
milling, the operation of machinery,
or similar activities.
7:00 a.m. - 11:00 p.m.
weekdays
8:00 a.m. - 11:00 p.m.
weekends and holidays
4.
The operation of waste collection
machinery or refuse compacting
equipment.
7:00 a.m. - 9:00 p.m.
5.
Usage of Property Maintenance Tools
7:00 a.m. - 9:00 p.m.
6.
The operation or use of any
Construction Equipment for Domestic
Works, other than snow removal
7:00 a.m. - 9:00 p.m.
weekdays
8:00 a.m. - 9:00 p.m.
weekends and holidays
7.
The operation or use of any
Construction Equipment in connection
with Construction activities or with
Site Alteration within an Active
Development.
7:00 a.m. - 7:00 p.m.
weekdays
8:00 a.m. - 7:00 p.m.
Saturdays
Prohibited Sundays and
holidays