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Noise Control By-law 2011-66 as amended
Office Consolidation- revised September 29, 2013
The Corporation of the
Town of Penetanguishene
By-law 2011-66 as amended
Town of Penetanguishene Noise Control
By-law
OFFICE CONSOLIDATION - WORKING COPY
By-law 2011-66, as amended by By-laws:
2013-49
Revised September 29, 2013
The following consolidation is an electronic reproduction made available for
information only. This is not an official version of the By-law(s). The Town of
Penetanguishene does not warrant the accuracy of consolidated versions.
This consolidation cannot be distributed or used for commercial purposes.
Any other distribution must repeat this disclaimer.
Official versions of all By-laws can be obtained from the Clerk's Office by
calling (705) 549-7453
Noise Control By-law 2011-66 as amended
Office Consolidation- revised September 29, 2013
THE CORPORATION OF THE TOWN OF PENETANGUISHENE
BY-LAW NUMBER 2011-66
Being a By-law to Regulate and Prohibit Noises within the Town of
Penetanguishene and to Repeal By-law No. 1980-34, 1996-10 and 2009-07
WHEREAS pursuant to section 9 of the Municipal Act, 2001 S.O. 2001, chapter 25 a
municipality has the capacity, rights, powers and privileges of a natural person for the
purpose of exercising its authority under this or any other Act;
AND WHEREAS pursuant to section 8. (1) of the Municipal Act, 2001 S.O. 2001,
chapter 25 the powers of a municipality under this or any other Act shall be interpreted
broadly so as to confer broad authority on the municipality to enable the municipality to
govern its affairs as it considers appropriate to enhance the municipality's ability to
respond to municipal issues;
AND WHEREAS section 128 of the Municipal Act, 2001 S.O. 2001, chapter 25 provides
that a municipality may prohibit and regulate with respect to public nuisances, including
matters that, in the opinion of Council are or could become public nuisances;
AND WHEREAS section 129 of the Municipal Act, 2001, S.O. 2001, chapter 25,
provides authority for municipalities to prohibit and regulate noises and vibrations;
AND WHEREAS sections 425, 426 and 429 of the Municipal Act, 2001 S.O. 2001,
chapter 25, states a municipality may pass By-laws providing that a person who
contravenes a By-law of the municipality passed under this Act is guilty of an offence,
no person shall hinder or obstruct, or attempt to hinder or obstruct, any person who is
exercising a power or performing a duty under this Act or under a By-law passed under
this Act and a municipality may establish a system of fines for offences under a By-law
of the municipality passed under this Act;
AND WHEREAS section 436 of the Municipal Act, 2001 S.O. 2001, chapter 25,
provides that the municipality has the power to pass By-laws authorizing the power of
entry for the purpose of inspecting land to determine compliance with a By-law,
direction, order, or condition of license;
AND WHEREAS section 435, 437 and 438 of the Municipal Act, 2001 S.O. 2001,
chapter 25, set out additional powers and restrictions in regard to the power of entry;
Noise Control By-law 2011-66 as amended
Office Consolidation- revised September 29, 2013
AND WHEREAS it is deemed expedient that the Council of The Corporation of the
Town of Penetanguishene enact a By-law for the Regulation and Prohibition of noises
within the Town of Penetanguishene;
NOW THEREFORE the Council of the Town of Penetanguishene hereby enacts as
follows:
1.
DEFINITIONS
In this By-law:
1.1
"Committee" means Finance and Corporate Services Section of Council
or such other Committee which may be appointed by Council from time to
time with delegated authority over this By-law.
1.2
"Construction" means anything done in the erection, installation,
extension or material alteration, demolition or repair of a building and
includes the installation of building units fabricated or moved elsewhere
and the installation of swimming pools, the laying of pipe and conduit
whether above or below ground level, street and highway building,
equipment installation and alteration and structural installation of
construction components and materials in any form or for any purpose,
and includes work in connection therewith.
1.3
"Construction equipment" means any equipment or device designed
and 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 or trucks, ditchers,
compactors and rollers, pumps, concrete mixers, graders, or other
materials handling equipment.
1.4
"Council" means the Council of The Corporation of the Town of
Penetanguishene.
1.5
"Highway" includes a common and public highway, street, avenue,
parkway, driveway, square, place, bridge, viaduct or trestle, any part of
which is intended for or used by the general public for the passage of
vehicles and includes the area between the lateral property lines thereof.
1.6
"Inhabitants" mean one or more persons who reside in, own or occupy
property in the Town.
1.7
"Motor vehicle" means an automobile, a motorcycle, a motor-assisted
bicycle, a motorized snow vehicle, a traction engine, a farm tractor, a self-
Noise Control By-law 2011-66 as amended
Office Consolidation- revised September 29, 2013
propelled implement of husbandry or a road-building machine unless
otherwise indicated in the Highway Traffic Act, as amended, and any other
vehicle propelled or driven otherwise than by muscular power, but does
not include a street car or other motor vehicle running only upon rails or a
power-assisted bicycle.
1.8
"Noise" means sound that is of such volume or nature at a point of
reception that it disturbs or is likely to disturb the inhabitants of the Town
and includes excessive yelling, shouting, hooting, whistling or singing.
1.9
"Officer" means a Municipal Law Enforcement Officer, a Police Officer or
any other person designated by Council as responsible for the
administration of this By-law from time to time.
1.10 "Owner" includes an assessed owner, tenant, occupant or any person
having an interest, whether equitable or legal, in the land.
1.11 "Person" means all transients, owners, tenants and occupiers of lands
within the Town and shall include any individual, association, firm,
partnership, incorporated company, corporation, agent or trustee and the
heirs, executors or other legal representatives of a person to who the
context can apply according to law.
1.12 "Point of reception" means any point on the premises of a person where
sound or vibration originating from other than those premises is received.
1.13 "Property" means any land including structures contained within that are
located within the Town of Penetanguishene.
1.14 "Shall" mean imperative or must.
1.15 "Town" means The Corporation of the Town of Penetanguishene.
1.16 "Vibration" means to shake, quiver, throb, move back and forth rapidly,
usually in an uncontrolled manner.
2.
WORD USAGE
2.1
As used in this By-law, words used in the present tense include the future;
words used in the masculine gender include the feminine and neuter; and
the singular number includes the plural and the plural the singular.
2.2
The headings and subheadings used in this By-law shall not form a part of
the By-law, but shall be deemed to be inserted for convenience of
reference only.
Noise Control By-law 2011-66 as amended
Office Consolidation- revised September 29, 2013
3.
GENERAL PROVISIONS
3.1
No person shall at any time emit or cause or permit the emission of noise
resulting from any activity listed in Schedule "A" of this By-law that is
clearly audible at a point of reception anywhere within the Town.
4.
PROHIBITIONS BY TIME AND PLACE
4.1
No person shall emit or cause or permit the emission of noise resulting
from any activity listed in Column 1 of Schedule "B", attached hereto, and
which noise is clearly audible at appoint of reception within a prohibited
time shown in Column 2.
5.
EXEMPTION FOR PUBLIC SAFETY AND DELIVERY OF ESSENTIAL
SERVICES
Notwithstanding any other provision of this By-law, it shall be lawful to emit or
cause or permit the emission of noise or vibration in connection with emergency
measures undertaken:
5.1
For the immediate health, safety or welfare of the inhabitants or any of
them.
5.2
For the preservation or restoration or property; unless such noise or
vibration is clearly of a longer duration or nature more disturbing, than is
reasonably necessary for the accomplishment of such emergency
purpose.
5.3
Delivery of essential services, and incidental noise from all activities of the
Town, the County of Simcoe, the Province of Ontario, any utility provider,
or their servants or agents associated with the provision of maintenance
and essential services is permissible, including but not limited to snow
removal operations.
6.
GENERAL EXEMPTIONS
This By-law shall not apply to a person who emits or causes or permits the
emission of noise in connection with any of the activities listed in Schedule "C"
attached hereto this By-law.
Noise Control By-law 2011-66 as amended
Office Consolidation- revised September 29, 2013
7.
EXEMPTION REQUESTS
7.1
Application
Notwithstanding anything contained in this By-law, any person may make
an application for a temporary Noise Exemption and submit it to the
Clerk's Department. Said application must be received by the Town a
minimum of thirty (30) days prior to the requested date.
7.2
Decision
In deciding whether to grant the exemption, the Clerk shall consider the
nature, location, purpose and duration of the event, the value of the event
to the community at large and may consider such other matters as it
deems necessary.
7.3
Terms or Conditions
Additional terms or conditions may be imposed prior to rendering an
exemption. Terms or conditions may include, but are not limited to
notification to neighbouring properties or partial exemptions.
7.4
Breach
Breach by the applicant of any of the terms or conditions of any exemption
granted shall render the exemption null and void.
7.5
Appeal
In the event the request is denied or the requester is not satisfied with the
terms or conditions imposed, the requester may appeal said decision to
the Committee and the decision of the Committee shall be final.
8.
POWERS OF ENTRY
8.1
An Officer may enter on a property at any reasonable time for the purpose
of carrying out an inspection to determine whether or not the following are
being complied with:
a) The provisions of this By-law;
b) A direction or notice issued under this By-law.
8.2
Where an inspection is conducted by the Town, an Officer may:
a) Require the production for inspection of documents or things
relevant to the inspection;
Noise Control By-law 2011-66 as amended
Office Consolidation- revised September 29, 2013
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 including their name, address, phone number and
identification.
8.3
Every Owner or Person occupying the property shall permit an Officer to
conduct an inspection for the purposes as set out in this By-law. An
Officer may be accompanied by a person under the Officer's direction.
8.4 Power of entry may be exercised by an Officer as defined in this By-law.
9.
SEVERABILITY
9.1
If a court of competent jurisdiction should declare any section or part of a
section of this By-law to be invalid such section or part of a section shall
not be construed as having persuaded or influenced Council to pass the
remainder of this By-law and it is hereby declared that the remainder of
this By-law shall be valid and shall remain in force.
9.2
Where the provisions of this By-law conflict with the provisions of any
other by-law or Act, the more restrictive provisions shall apply.
10.
ENFORCEMENT
10.1 An Officer as defined in the By-law is hereby vested with the authority
to enforce this By-law.
11.
PENALTY PROVISIONS
11.1 Every person who contravenes the provisions of this By-law and every
Director or Officer of a Corporation, who knowingly concurs in the
contraventions by the Corporation, is guilty of an offence and liable on
conviction to a penalty that shall not exceed $100, 000 exclusive of costs
under the provisions of the Municipal Act, 2001, S.O. 2001, c.25, as
amended.
11.2 For the purpose of continuous offences, every person who contravenes
any provision of this By-law and every Director or Officer of a Corporation
who knowingly concurs in the contravention of a By-law of the Corporation
is guilty of an offence and liable on conviction to a penalty not exceeding
Noise Control By-law 2011-66 as amended
Office Consolidation- revised September 29, 2013
$10, 000, exclusive of costs under the provisions of the Municipal Act,
2001, S.O. 2001, c.25, as amended.
11.3 Despite the Section 11.2 and the provisions of the Municipal Act, 2001,
S.O. 2001, c.25, as amended, the total of all daily fines for the offence is
not limited to $100, 000.
11.4 For the purpose of multiple offences, every person who contravenes any
provision of this By-law and every Director or Officer of a Corporation who
knowingly concurs in the contravention of a By-law of the Corporation is
guilty of an offence and liable on conviction to a penalty not exceeding
$10,000, exclusive of costs under the provisions of the Municipal Act,
2001, S.O. 2001, c.25, as amended.
11.5 Despite Section 11.4 and the provisions of the Municipal Act, 2001, S.O.
2001, c.25, as amended, the total of all daily fines for the offence is not
limited to $100, 000.
11.6 It shall be an offence for a person to hinder or obstruct, or attempt to
hinder or obstruct, an Officer who is exercising a power or performing a
duty under the Municipal Act, 2001, as amended, or under a by-law
passed under the Municipal Act, 2001, as amended.
11.7 Any Person who has been alleged to have contravened any of the
provisions of a by-law passed under the Municipal Act, 2001, as amended,
shall identify themselves to the Officer upon request. Failure to do so shall
be deemed to have obstructed or hindered the Officer in the execution of
the Officer's duties.
11.8 Every person who contravenes any section of this by-law under a part l or
part ll ticket, upon conviction shall be liable to a fine as provided for in the
Provincial Offences Act R.S.O 1990, Chapter P.33 as amended.
11.9 Upon conviction any penalty imposed under this By-law may be collected
under the authority of the Provincial Offences Act, R.S.O. 1990, Chapter
P.33, as amended.
12.
REPEAL
12.1 That By-laws 1980-34, 1996-10 and 2009-07 are hereby repealed in their
entirety.
12.2 That any By-law or By-laws, or parts of any By-law or By-laws that are
inconsistent with this By-law are hereby deemed repealed.
Noise Control By-law 2011-66 as amended
Office Consolidation- revised September 29, 2013
13.
SHORT FORM TITLE
13.1 That this By-law shall be referred to as the "Noise Control By-law".
14.
EFFECTIVE DATE
14.1 This By-law shall come into full force and effect upon receipt of the
approval of the set fine schedules as issued by the Regional Senior Judge
of the Ontario Court of Justice, Central East Region.
BY-LAW read a first, second and third time and finally passed by Council on the 14th
day of September, 2011.
___________________________
MAYOR Gerry Marshall
___________________________
CLERK Holly Bryce
Noise Control By-law 2011-66 as amended
Office Consolidation- revised September 29, 2013
Schedule "A" to BY-LAW NUMBER 2011-66
Being a By-law to Regulate and Prohibit Noises within the Town of
Penetanguishene and to Repeal By-law No. 1980-34, 1996-10 and 2009-07
General Prohibitions
The following activities are subject to prosecution pursuant to Section 3 of this By-law, if
clearly audible at a point of reception:
1. The operation of any electronic device of group or connected electronic devices
incorporating one or more loudspeakers or other electromechanical transducers,
and intended for the productions, reproduction or amplification of sound.
2. The operation of a stereo or other electronic device designed to amplify sound in,
or on, a motor vehicle in such a way that the sound can easily be heard outside
of the motor vehicle.
3. Persistent barking, calling, or whining or other 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 any construction equipment, combustions engine or pneumatic
device without an exhaust or intake muffling device in good working order and in
constant operation.
5. Racing of any motor vehicle other than in a lawful racing event.
6. The operation of a motor vehicle in such a way that the tires squeal.
7. The operation of a motor vehicle with a trailer resulting in banging, clanging,
squealing or other like sounds due to improperly secured load or equipment, or
inadequate maintenance.
8. 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.
9. The operation of an air conditioner, water pump, heat pump or the like that is not
in proper working order.
10. Ring bells, blow or sound any horns, yelling, shouting, hooting, whistling or
singing.
11. All selling or advertising by shouting or outcry or amplified sound.
12. Any unwanted or meaningless sound that in the opinion of the Officer is likely to
disturb the inhabitants of the Town.
Noise Control By-law 2011-66 as amended
Office Consolidation- revised September 29, 2013
Schedule "B" to BY-LAW NUMBER 2011-66
Being a By-law to Regulate and Prohibit Noises within the Town of
Penetanguishene and to Repeal By-law No. 1980-34, 1996-10 and 2009-07
Prohibitions by Time
The following activities are subject to prosecution pursuant to Section 4 of this By-law, if
clearly audible at a point of reception:
Column 1
Column 2
Item
Activity
Prohibited Period of Time
1.
Construction or maintenance
activities other then snow
removal
Monday through Friday 10:00pm to 7:00am
Friday 10:00pm to 8:00 am Saturday
Saturday 8:00pm to 8:00am Sunday
Sunday 8:00pm to 7:00am Monday
2.
The operation of construction
equipment
Monday through Friday 10:00pm to 7:00am
Friday 10:00pm to 8:00 am Saturday
Saturday 8:00pm to 8:00am Sunday
Sunday 8:00pm to 7:00am Monday
Noise Control By-law 2011-66 as amended
Office Consolidation- revised September 29, 2013
Schedule "C" to BY-LAW NUMBER 2011-66
Being a By-law to Regulate and Prohibit Noises within the Town of
Penetanguishene and to Repeal By-law No. 1980-34, 1996-10 and 2009-07
General Exemptions
The following activities are considered to be exempt from the provisions of this By-law:
1.
Parades, activities or special event approved by Council.
2.
Ringing of church bells or chimes.
3.
Snow removal operations (private).
4.
Bona-fide farming operations.
5.
School bells or electronic signal at a school.
6.
Businesses in Commercial area for the purpose of playing seasonal
music, provided that this is done during regular store hours from
December 15th to December 24th.
7.
Generators operating during a power outage.
8.
Discharge from a traditional black powder canon using during the course
of an event or demonstration.
Noise Control By-law 2011-66 as amended
Office Consolidation- revised September 29, 2013
THE CORPORATION OF THE TOWN OF PENETANGUISHENE
Part 1 Provincial Offences Act
BY-LAW NUMBER 2011-66
Being a By-law to Regulate and Prohibit Noises within the Town of
Penetanguishene
Page 1 of 1
Item
Column 1
Short Form Wording
Column 2
Provision Creating
or Defining Offence
Column 3
Set Fine
1.
Emit noise that is clearly audible
3.1
$125.00
2.
Cause noise that is clearly audible
3.1
$125.00
3.
Permit noise that is clearly audible
3.1
$125.00
4.
Emit noise that is clearly audible within a
prohibited time
4.1
$125.00
5.
Cause noise that is clearly audible within a
prohibited time
4.1
$125.00
6.
Permit noise that is clearly audible within a
prohibited time
4.1
$125.00
7.
Obstruct or hinder an officer
11.3
$250.00
NOTE: The Penalty Provision for the offences indicated above is Section 11, of
By-law 2011-66.