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THE CORPORATION OF THE CITY OF PORT COLBORNE
BY-LAW NO. 4588/119/04
BEING A BY-LAW TO REGULATE NOISE
WHEREAS the Municipal Act, R.S.O. 2001, Section 129. (1) Paragraphs 1,2 and
3 authorizes municipalities to pass by-laws to prohibit and regulate noise; and
WHEREAS a recognized body of scientific and technological knowledge exists
by which sound and vibration may be substantially reduced; and
WHEREAS the people expect, and have a right to an environment free from
unusual, unnecessary, or excessive sound or vibration or which may degrade the
quality and tranquility of their life or cause nuisance; and
WHEREAS it is the policy of the Council of The Corporation of City of Port
Colborne to regulate such sound or vibration, or nuisance;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF
PORT COLBORNE ENACTS AS FOLLOWS:
Title
1.
This By-law shall be referred to as "The Noise Control By-Law".
Technical Terms
2.
In this By-Law all words and definitions that are of technical nature and
are related to sound and vibration shall have the meanings specified for
them in Schedule 4 - Publication NPC-101.
Definitions
3.
In this By-Law,
"Applicable Publication" means any Publication referred to in the Provisions of
this By-Law including a Schedule hereto;
"Applicant" includes any person or persons seeking in writing from the Clerk or
Council, an exemption of either a temporary or permanent nature from the
provisions and requirements of this By-law;
"Authorized Emergency Vehicle" includes any ambulance or hearse, any
vehicle of the fire department, or of the local, provincial or federal police, any
vehicle operated by or for City of Port Colborne, the Bell Telephone Company of
Canada, the Post Office, armoured cars carrying cash, and public utility company
while actively engaged in the Construction, maintenance or repair of any
highway, or any equipment or facilities thereon, or a snow plough or other
maintenance vehicle operated by or for the Ministry of Transportation;
"Certificate" means a certificate of Competency in Environmental Acoustics,
Technology of a specified class issued by an accredited program of an Ontario
Community College or other approved agency;
"City Clerk" means the Clerk of the Corporation of City of Port Colborne or his
or her designate;
"City" means The Corporation of City of Port Colborne;
"Construction" includes 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 or
for any purpose, and includes any work in connection therewith;
"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 material handling equipment;
"Construction Site" means the area or portion of land used for construction or
any other area used for any purpose related to the construction or for any related
purpose;
"Conveyance" includes a vehicle and any other device used to transport a
person or persons or goods from place to place but does not include any vehicle
or device operated only within the premises of a person;
"Council" means the council of City of Port Colborne;
"Highway" includes a common and public highway, street, avenue, parkway,
driveway, square, place, bridge, viaduct or trestle designed and intended for or
used by, the general public for the passage of vehicles;
"Minister" means the Minister of the Environment;
"Ministry" means the Ministry of the Environment;
"Motor Vehicle" means any motorized conveyance and includes any
automobile, motorcycle and any other vehicle propelled or driven otherwise than
by muscular power, but does not include the cars of electric or steam railways, or
other motor vehicle running only upon rails, or a motorized snow vehicle, traction
engine, farm tractor, self-propelled implement of husbandry or road building
machine;
"Motorized Conveyance" means a conveyance propelled or driven otherwise
than by muscular, gravitational or wind power;
"Municipality" means the land within the geographic limit of City of Port
Colborne;
"Noise" means unwanted sound;
"Officer" means a person commissioned or authorized to fill a public situation or
to perform any public duty; appointed for the purpose of enforcing bylaws of the
municipality, and includes any municipal law enforcement officer appointed by
City of Port Colborne and any police constable who is a member of the Niagara
Regional Police Service or the Ontario Provincial Police Service;
"Permit" means and includes any permit or written authorization of a temporary
or permanent nature, issued by either the Clerk or Council of City of Port
Colborne, which provides an exemption(s) to the terms and conditions of this by-
law;
"Point of Reception" means any point on a premises of a person where sound
or vibration originating from other than those premises are received;
"Publication" means a specified publication of the Noise Pollution Control
Section of the Pollution Control Branch of the Ministry of the Environment named
in Schedule 4 of this By-law;
"Residential Area" means land zoned to permit residential use in City of Port
Colborne Zoning By-laws;
"Residential Renovations" means construction that does not require any
building permits and such renovations are constructed without the operation of
any heavy equipment;
"Source" or "Source of Sound or Vibration" means an activity, matter, thing,
or tangible personal property or real property, from which sound or vibration is
emitted;
"Sound" is an oscillation in pressure, stress, particle displacement or particle
velocity, in a medium with internal forces (e.g. elastic, viscous), or the
superposition of such propagated oscillations, which may cause an auditory
sensation;
"Stationary Source" means a source of sound, which does not normally move
from place to place and includes the premises of a person as one stationary
source unless the dominant source on the premises is construction equipment or
a conveyance;
Prohibitions
4.
No person shall emit or cause to permit the emission of sound
resulting:
(1)
From a stationary source such that the level of resultant sound at a
point of reception located in a residential area, or Schedule 2 which
exceeds the applicable sound level limit prescribed in Schedule 4,
Publication NPC-205 - Stationary Sources;
(2)
From an act listed in Schedule 1 - General Prohibitions, and which
sound is clearly audible at a point of reception;
(3)
From any act listed in Schedule 2 - Prohibitions by Time and Place,
if clearly audible at a point of reception;
Limitations on Sound Levels
5.
No person shall emit or cause or permit the emission of sound resulting:
(1)
From any piece of construction equipment of a type referred to in
Schedule 4, Publication NPC-115 - Construction Equipment, at a
work site, any part of which is located within 600 m of a Residential
Area, unless;
a)
The piece of construction equipment was put into use prior
to January 1, 1979; or
b)
The piece of construction equipment bears a label affixed by
the manufacturer or distributor, which states;
(i)
The year of manufacture, and
(ii)
That the item of equipment complies with the
residential sound emission standards set out in
Schedule 4 - Publication NPC-115 - Construction
Equipment, as applicable to that type of equipment
and date of manufacture; or
c)
The owner, operator, manufacturer or distributor provides
proof that the item of equipment complies with the residential
sound emission standard set out in Schedule 4 - Publication
NPC-115, as applicable to that type of equipment and date
of manufacture.
(2)
From any piece of construction equipment of a type referred to in
Schedule 4, Publication NPC-115 - Construction Equipment, at a
work site, any part of which is located in a Schedule 2, unless,
(3)
The piece of construction equipment bears a label affixed by the
manufacturer or distributor, which states,
(a)
The year of manufacture, and
(b)
That the item of equipment complies with the Schedule 2
sound emission standard set out in Schedule 4 - Publication
NPC-115 - Construction Equipment as applicable to that
type of equipment and date of manufacture; or,
(4)
From any air conditioning device of a type referred to in Schedule
4, Publication NPC-216 - Residential Air Conditioners, unless,
(a)
The device was put into use prior to January 1, 1979; or
(b)
The device bears a label affixed by the manufacturer or
distributor, which states,
(i)
The year of manufacture, and
(ii)
That the device complies with the sound emission
standard set out in Schedule 4 - Publication NPC-216
- Residential Air Conditioners, as applicable to that
type of device and date of manufacture; or
(iii)
The owner, operator, manufacturer or distributor
provides proof that the device complies with the
sound emission standard set out in Schedule 4 -
Publication NPC-216 - Residential Air Conditioners,
as applicable to that type of device and date of
manufacture;
(5)
From any motorized conveyance of a type referred to in Schedule
4, Publication NPC-118 - Motorized Conveyances, unless the
motorized conveyance complies with the sound emission standard
set out in Schedule 4 - Publication NPC-118- Motorized
Conveyances, as applicable to that type of motorized conveyance
and date of manufacture.
Pre-emption
6.
Where section 4 (1) or (2) applies to a source of sound, the less restrictive
provision shall prevail.
Permits and Exemptions
7.
Notwithstanding any other provision of this By-law, the provisions and
requirements of this By-law shall not apply to any person who emits or
causes or permits the emission of sound or vibration in connection with
any activities listed in Schedule 3, or to impulsive sound, or to blasting, or
to any person or activity for which a "permit" has been issued under the
authority of the by-law.
8.
(1)
The Clerk may, upon written application by any person, issue a
"permit" of a temporary nature to exempt the applicant from any
such provisions and requirements of this by-law as the Clerk deems
appropriate.
(2)
The Council may, upon written application by any person, issue a
"permit" of a permanent nature to exempt the applicant from any
such provisions and requirements of this by-law, as the Council
deems appropriate.
(3)
Any "permit" issued in accordance with the provisions of Section 8.
(1) or Section 8. (2) of this by-law, by the Clerk or Council, shall
specify the terms and conditions under which the permit is issued.
9.
Every application for exemption shall be made to the Clerk in writing and
shall contain:
(1)
The name and address of the applicant;
(2)
A description of the source of sound or vibration in respect of which
an exemption is sought;
(3)
A statement of the particular provision or provisions of the By-Law
from which exemption is sought;
(4)
The reasons for which, in the applicant's opinion, the exemption
should be granted;
(5)
A statement of the actions, steps or other such measures, if any,
planned or presently being taken, by the applicant, intended to
bring about compliance with the By-Law
(6)
City of Port Colborne Clerk or Council may require an applicant to
provide such further and other information as may be necessary to
consider an application made under Section 7.
10.
No application shall be deemed complete until the applicant has provided
any and all information as required by the Clerk or Council.
11.
Where an application is not approved or approved upon terms and
conditions or approval to a lesser extent than the exemption applied for,
the Clerk or Council, shall, set out in writing the reasons therefore and
shall serve a copy of the decision upon the applicant.
12.
Notwithstanding any other provision of this By-law, it shall be lawful during
an emergency to emit or cause or permit the emission of sound or
vibration in connection with emergency measures undertaken,
(1)
For the immediate health, safety or welfare of the inhabitants or any
of them, or
(2)
For the preservation or restoration of property,
Unless such sound or vibration is clearly audible for a longer duration or of
a nature more disturbing than is reasonably necessary for the
accomplishment of such emergency purpose.
Severability
14.
Where a court of competent jurisdiction declares any provision of this By-
law invalid, the provision shall be deemed conclusively to be severed from
the By-law.
15.
No part of this By-law not declared by a court of competent jurisdiction to
be invalid shall be affected by the provision saveable from the By-law.
Enforcement and Administration
16.
The Clerk shall administer and enforce this By-Law and;
17.
Council may appoint such "officers" as are necessary for the purpose of
enforcing this By-law and;
18.
Such "Officers" necessary for the purpose of enforcing this By-law who do
not possess a "certificate" shall only enforce the portions of this By-law
where sound level measurements are not required.
Penalties
19.
Any person contravenes any provision of this By-law is guilty of an offence
and upon conviction, is liable to the penalty specified by the Provincial
Offences Act, R.S.O. 1990, Chapter P.33, as amended.
By-laws Repealed
20.
That By-law 2898/77/93, Being a By-law Respecting Noise and For
Prohibiting Public Nuisances, and amendments thereto, be hereby
rescinded.
Enactment
21.
This By-Law comes into force and effect on the date of its passing and
enactment.
ENACTED AND PASSED this 12th day of October, 2004
MAYOR: Ron Bodner (sgd.)
CLERK: Janet Beckett (sgd.)
Schedule 1
General Prohibitions
1.
Racing of any motorized conveyance other than in a racing event regulated by
law.
2.
The operation of a motor vehicle in such a way that the tires squeal.
3.
The operation of any combustion engine without an effective exhaust-muffling
device in good working order and in constant operation.
4.
The operation of a vehicle or a vehicle with a trailer resulting in banging,
clanking, squealing or other like sounds due to improperly secured load or
equipment.
5.
The operation of an engine or motor in, or on, any motor vehicle or item of
attached auxiliary equipment for a continuous period exceeding five minutes,
while such vehicle is stationary in a Residential Area or, unless,
(a)
The vehicle is in an enclosed structure constructed so as to effectively
prevent excessive noise emission; or,
(b)
The original equipment manufacturer specifically recommends a longer
idling period for normal and efficient operation of the motor vehicle in
which case such recommended period shall not be exceeded;
(c)
Operation of such engine or motor is essential to a basic function of the
vehicle or equipment, including but not limited to, operation of ready mixed
concrete trucks, lift platforms or refuse compactors and heat exchange
systems; or,
(d)
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 preservation of perishable cargo; or,
(e)
Prevailing low temperatures make longer idling periods necessary,
immediately after starting the motor or engine; or,
(f)
The idling is for the purpose of cleaning and flushing the radiator and
associated circulation system for seasonal change or antifreeze, cleaning
of the fuel system, carburetor or the like, when such work is performed
other than for profit.
6.
The operation of a motor vehicle horn or other warning device except where
required or authorized by law in accordance with good safety practices.
7.
The operation of any item of construction equipment without effective muffling
devices in good working order and in constant operation.
Schedule 2
Time and Place
Prohibited Periods
1.
The operation of any auditory signalling device, including but not limited to the
ringing of bells or gongs and the blowing of horns or sirens or whistles, or the
production, reproduction or amplification of any similar sounds By-Law or in
accordance with good safety practices in a residential area from 19:00 hrs. (7:00
p.m.) of one day to 07:00 hrs. (7:00 a.m.) next day or 09:00 hrs. (9:00 a.m.)
Sundays and all day Sundays and Statutory Holidays.
2.
The operation of any electronic device or group of connected electronic devices
incorporating one or more loudspeakers or other electro mechanical transducers,
and intended for the production, reproduction or amplification of sound in a
residential area at any time.
3.
Loading, unloading, delivering, packing, unpacking, or otherwise handling any
containers, produce, materials, or refuse whatsoever, unless necessary for the
maintenance of essential services in a residential area from 19:00 hrs. (7:00
p.m.) of one day to 07:00 hrs. (7:00 a.m.) next day or 09:00 hrs. (9:00 a.m.)
Sundays and all day Sundays and Statutory Holidays.
4.
The operation of any construction equipment in connection with construction in a
residential area from 19:00 hrs. (7:00 p.m.) of one day to 07:00 hrs. (7:00 a.m.)
next day and all day Sundays and Statutory Holidays.
5.
The detonation of fireworks or explosive devices in a residential area from 21:00
hrs. (9:00 p.m.) of one day to 07:00 hrs. (7:00 a.m.) next day and all day
Sundays and Statutory Holidays.
6.
The operation of a combustion engine which,
(i)
is, or
(ii)
is used in, or
(iii)
is intended for use in,
A toy or a model or replica of a larger device, which model or replica has no
function other than amusement and which is not a conveyance in a residential
area from 19:00 hrs. (7:00 p.m.) of one day to 07:00 hrs. (7:00 a.m.) next day or
09:00 hrs. (9:00 a.m.) Sundays.
7.
The operation of any powered rail car including but not limited to refrigeration
cars, locomotives or self-propelled passenger cars, while stationary on property
not owned or controlled by a railway governed by The Canada Railway Act in a
residential area from 21:00 hrs. (9:00 p.m.) of one day to 07:00 hrs. (7:00 a.m.)
next day and all day Sundays and Statutory Holidays.
8.
The operation of any motorized conveyance other than on a highway or other
place intended for its operation in a residential area from 19:00 hrs. (7:00 p.m.) of
one day to 07:00 hrs. (7:00 a.m.) next day or 09:00 hrs. (9:00 a.m.) Sundays.
9.
The venting, release or pressure relief of air, steam or other gaseous material,
product or compound from any autoclave, boiler, pressure vessel, pipe, valve,
machine, device or system in a residential area from 21:00 hrs. (9:00 p.m.) of
one day to 07:00 hrs. (7:00 a.m.) next day and all day Sundays and Statutory
Holidays.
10.
Persistent barking, calling or whining or other similar persistent noise making by
any animal in a residential area at any time.
11. The operation of any powered or non-powered tool for domestic purposes other
than snow removal in a residential area from 21:00 hrs. (9:00 p.m.) of one day to
07:00 hrs. (7:00 a.m.) next day or 09:00 hrs. (9:00 a.m.) Sundays.
12.
The operation of solid waste bulk lift or refuse compacting equipment in a
residential area from 19:00 hrs. (7:00 p.m.) of one day to 07:00 hrs. (7:00 a.m.)
next day or 09:00 hrs. (9:00 a.m.) Sundays and all day Sundays and Statutory
Holidays.
13.
The operation of commercial car wash with air-drying equipment in a residential
area from 19:00 hrs. (7:00 p.m.) of one day to 07:00 hrs. (7:00 a.m.) next day or
09:00 hrs. (9:00 a.m.) Sundays and all day Sundays and Statutory Holidays.
14.
The operation of a power assisted hang glider or Para foil in a residential area
from 19:00 hrs. (7:00 p.m.) of one day to 07:00 hrs. (7:00 a.m.) next day or 09:00
hrs. (9:00 a.m.) Sundays and all day Sundays and Statutory Holidays.
15.
The operation of any item of snow making equipment in a residential area from
19:00 hrs. (7:00 p.m.) of one day to 07:00 hrs. (7:00 a.m.) next day or 09:00 hrs.
(9:00 a.m.) Sundays and all day Sundays and Statutory Holidays.
16.
The operation of a sound emitting pest control device in a residential area from
19:00 hrs. (7:00 p.m.) of one day to 07:00 hrs. (7:00 a.m.) next day or 09:00 hrs.
(9:00 a.m.) Sundays and all day Sundays and Statutory Holidays.
17.
The discharge of firearms in accordance with the City of Port Colborne's By-law
2499/115/90 as amended Prohibiting and Regulating the Discharge of Guns and
Other Weapons.
Note: For the purpose of this Schedule, "motorized conveyance" includes, but is not
limited to;
(a)
Snowmobiles;
(b)
Mopeds;
(c)
Go-carts;
(d)
Track bikes;
(e)
Trail bikes
Schedule 3
To By-Law No. 4588/119/04
1.
Operation of authorized emergency vehicles.
2.
Operation of bells utilized as traffic control devices including the following:
1.
Bells and other devices at traffic signal locations;
2.
Bells at railway crossings.
3.
Operation of City of Port Colborne machines and equipment including the
following for emergency purposes:
1.
Crosswalk painting machines;
2.
Catch basin cleaners;
3.
Tree and shrub pruning and mulching equipment
4.
City of Port Colborne owned or contracted street cleaners and flushers
4.
Operation of construction equipment and machinery by or on behalf of City of
Port Colborne carrying on or engaged in the performance of public works.
Schedule 4
Standards and Procedures
Limits and Guidelines
Schedule 4
Index of Publications
Publication NPC -101
Technical Definitions
Publication NPC -102
Instrumentation
Publication NPC -103
Procedures
Publication NPC -104
Sound Level Adjustments
Publication NPC -205
Stationary Source
Publication NPC -206
Road Traffic
Publication NPC -115
Construction Equipment
Publication NPC -216
Residential Air Conditioners
Publication NPC -117
Domestic Outdoor Power Tools
Publication NPC -118
Motorized Conveyances
Publication NPC -119
Blasting