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Motion CW-185-2022
OFFICE CONSOLIDATION of By-law 143-2022 as Amended by:
By-Law 185-2023 November 28, 2023
THE CORPORATION OF THE COUNTY OF PRINCE EDWARD
BY-LAW NO. 143-2022
A BY-LAW TO REGULATE NOISE WITHIN THE COUNTY OF PRINCE EDWARD
WHEREAS Section 128 of the Municipal Act, 2001, S.O. 2001, c.25, as amended,
authorizes a local municipality to prohibit and regulate with respect to public nuisances,
including matters that, in the opinion of Council, are or could become or cause public
nuisances;
AND WHEREAS excessive sound and inadequately controlled Noise may impair public
health, safety and welfare, and may become a nuisance;
AND WHEREAS Section 129 of The Municipal Act, 2001, S.O. 2001, c. 25, as amended,
provides authority for municipalities to prohibit and regulate with respect to noise,
vibration, odour, dust and outdoor illumination;
AND WHEREAS in the opinion of Council for the Corporation of the County of Prince
Edward, excessive sounds and inadequately controlled noise may impair public health,
safety and welfare and could become a public nuisance;
AND WHEREAS Section 425 of the Municipal Act, 2001, S.O. 2001, c.25, as amended,
authorizes a municipality to 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 429 of the Municipal Act, 2001, S.O. 2001, c.25, as amended,
authorizes a municipality to establish a system of fines for offences under a by-law
passed under that Act;
AND WHEREAS Section 436 of the Municipal Act, 2001, S.O. 2001, c.25, as amended,
authorizes a municipality to pass by-laws providing that the municipality may enter on
land for the purpose of carrying out inspections, to determine compliance with a by-law,
direction, order or condition of a license passed or made under that Act;
NOW THEREFORE the Council of the Corporation of the County of Prince Edward
enacts as follows:
Motion CW-185-2022
DEFINITIONS
1. In this By-law, unless the context otherwise requires:
a) "Agricultural Operation" has the same meaning as contained in the Farming
and Food Production Protection Act, 1998, S.O. 1998, C.1 as amended, or
any successor legislation;
b) "Amplified Sound" means any sound made by any electronic device or a
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.
c) "Appeals Committee" means the Appeals Committee as established
pursuant to By-Law 152-2023, being A By-Law To Establish The Appeals
Committee And Procedures For The Appeals Committee To Conduct
Appeals Of Property Standard Orders In Accordance With The Building
Code Act, And Appeals Of Certain License And Permit Decisions In
Accordance With Corporation Of The County Of Prince Edward Licensing
By-Laws; (as Amended by By-Law 185-2023)
d) "Construction" means the erection, alteration, repair, painting,
maintenance, relocation, demolition or removal of a building or other
structure and includes all land clearing, landscaping, earth moving, grading,
excavating, all public works activities, the erection or laying of lines, cable,
pipes and conduit (whether above or below ground level), street building,
paving, concreting and similar activities on a site and the installation,
alteration or removal of construction equipment, components and materials
in any form or for any purpose, and any work being done in connection
therewith;
e) "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, trucks, ditchers,
compactors and rollers, pumps, concrete mixers, graders or other material
handling equipment;
f) "Council" means the Council of the Corporation of the County of Prince
Edward;
g) "County" means the Corporation of the County of Prince Edward;
h) "Director" means the County's Director of Corporate & Legislative Services
or Designate, or in the event of organizational changes, another person
designated by Council to carry-out the administration and enforcement of
this By-Law; (as Amended by By-Law 185-2023)
Motion CW-185-2022
i) "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;
j) "Institutional " shall include any institutional use as defined in the County of
Prince Edward Comprehensive Zoning By-law 1816-2006;
k) "Motor Vehicle" means any motorized conveyance and includes any
automobile, motorcycle and any other vehicle propelled or driven otherwise
than by muscular power;
l) "Normal Farm Practice" has the same meaning as contained in the
Farming and Food Production Protection Act, 1998, S.0. 1998, C.1 as
amended, or any successor legislation;
m) "Officer" means a person appointed by Council as a Municipal By-law
Enforcement Officer, a Police Officer, or any other individual duly appointed
to enforce this By-law;
n) "Person" includes a person, firm, association, co-partnership, joint venture,
corporation or any entity, public or private in nature;
o) "Point of Reception" means:
i. any premises or location where sound is received, other than the
premises from which the sound originates; or
ii. any place on a highway where sound is received.
p) "Pit" and or "quarry" means land from which unconsolidated aggregate is
being or has been excavated and or stored, and that has not been finally
rehabilitated;
q) "Premises" means a parcel of land and includes any buildings and
structures on the land;
r) "Residential Area" shall include any area of the County where residential
use is permitted under the provisions of the County of Prince Edward
Comprehensive Zoning By-law No. 1816-2006.
GENERAL PROHIBITION
2. No person shall at any time ring any bell, blow any horn, shout or make any
unusual noise or noise likely to disturb the inhabitants of the County, if clearly
audible at a point of reception.
Motion CW-185-2022
OPINION OF COUNCIL
3. Without limiting the generality of Section 2 of this By-law, the noises from the
sources and at the times described in Schedule "A" are noises which Council
hereby deems to be noises likely to disturb the inhabitants of the County.
NOISE FROM INDUSTRIAL SOURCES
4. Nothing in this by-law shall be interpreted to authorize the making of any noise
where the same would be a contravention of the Environmental Protection Act,
R.S.O. 1990, c. E.19, as amended, and that nothing in this by-law shall prohibit
the making of noise where such noise is made under the authority of a Certificate
of Approval or Provisional Certificate of Approval issued pursuant to the provisions
of the Environmental Protection Act, R.S.O. 1990, c. E.19, as amended.
EXCEPTIONS
5. The provisions of this By-law shall not apply to any noise caused by:
a) measures undertaken in an emergency for the:
i. immediate health, safety or welfare of the inhabitants; or
ii. preservation or restoration of property, unless the noise is clearly of
a longer duration or of a more disturbing nature than is reasonably
necessary to deal with the emergency.
b) the sound of a church bell or chime;
c) audible traffic signals;
d) the noise created by the collection or disposal of garbage, waste or
recyclable material;
e) the noise caused by the erection, demolition, alteration or repair of a
building or by construction or earth-moving equipment working upon a site
or highway when such work is undertaken by forces of the County, any
other public utility, or their agents or servants;
f) police officers, fire fighters and operators of emergency vehicles in the
conduct of their lawful duty;
g) the operation of domestic power tools, chain saw, chipper or leaf blower
power, equipment used for lawn, garden, building or property maintenance,
but excluding construction, on any day between 7:00 a.m. and 11:00 p.m.;
h) the noise arising from the operation of construction or construction
equipment on any day between the hours of 7:00 a.m. and 7:00 p.m. This
exemption shall not apply to construction equipment being operated without
Motion CW-185-2022
the originally installed muffling devices or their equivalent in good working
order and in constant operation;
i) the operation of a street sweeper, snow removal equipment, parks and
public works maintenance machines and equipment by or on behalf of the
County, or other institutional uses within the County of Prince Edward
limits;
j) occasional cultural, recreational and other gatherings, public dances,
shows, and sporting and entertainment events provided said events are
conducted pursuant to a permit or licence issued by the County of Prince
Edward relative to the staging of said events;
k) agricultural operations carried on in accordance with normal farm practice;
l) activities or work specifically exempted from this By-law by Council
provided such conditions or requirements as may be imposed by Council
are observed or met.
TEMPORARY NOISE PERMIT
(as Amended by By-Law 185-2023)
6. Any person may make application to be granted an exemption from any of the
noise prohibitions in this By-Law by the issuance of a temporary noise permit by
the Director. An application for the issuance of a temporary noise permit shall be
submitted to the Director at least 45 days prior to the commencement of the
requested exemption and shall contain:
a. the name and address of the applicant;
b. a description of the source of noise in respect of which exemption is
sought;
c. a statement of the particular provision or provisions of the By-law from
which exemption is sought;
d. the period of time for which the exemption is sought;
e. the reason why the exemption should be granted;
f. a non-refundable application fee of $100.00; and
g. a permit fee of $200.00, refundable if the application is not approved.
7. In determining whether to grant an exemption by way of a temporary noise permit,
the Director shall:
Motion CW-185-2022
a. determine whether the applicant has provided all of the information
required by paragraph 6 of this By-Law;
b. determine whether the applicant has complied with all terms and conditions
of approval of any previous permit issued to the applicant under this
section, if any;
c. consider any negative effects the issuance of the temporary noise permit
may have on neighbouring properties or the County; and
d. consider any benefits the issuance of the temporary noise permit may have
for neighbouring properties or the County.
8. the Director may impose conditions on temporary noise permits including but not
limited to:
a. the type and volume of noise that may be made;
b. the times during which may be made;
c. the date of expiry of the temporary noise permit;
d. requiring the posting of security prior to the activity;
e. requiring that the applicant, County staff or a professional engineer monitor
the noise levels resulting from the event or activity and requiring a report of
the findings to be filed with the County of Prince Edward within 30 days of
the event or activity, all at the applicant's expense; and
f. notify neighbouring properties/business.
9. Any temporary noise permit issued under this By-law shall expire on the date set
out on the temporary noise permit, or if no date is set out on the temporary noise
permit, the permit shall expire forty-eight hours after its issuance.
10. Any breach by the holder of the temporary noise permit of any of its terms or
conditions shall render the temporary noise permit null and void.
11. No holder of a temporary noise permit shall fail to comply with the terms and
conditions of the temporary noise permit.
12. A Person whose application for a temporary noise permit has been denied may,
within fifteen (15) days of being notified of the denial, appeal that decision to the
Appeals Committee pursuant to the Appeals Committee By-Law 152-2023.
13. On appeal, the Appeals Committee has the power to affirm the decision to deny
the application for a temporary noise permit, or to direct the Director to issue a
temporary noise permit, and may impose such terms or conditions on the
Motion CW-185-2022
temporary noise permit as are permitted under this By-Law and as the Appeals
Committee considers appropriate.
14. Decisions of the Appeals Committee are final.
ENFORCEMENT AND RIGHT OF ENTRY
6. This By-law may be enforced by an Officer or other individual authorized by
Council from time to time.
7. An Officer may at all reasonable times enter upon any premises other than
dwellings in order to ascertain whether the provisions of this By-law are being
observed or to enforce this By-law.
8. No person shall obstruct or hinder or attempt to obstruct or hinder an Officer or
other authorized employee or agent of the County in the exercise of a power or
the performance of a duty under this by-law.
9. Where an Officer has reasonable grounds to believe that an offence under this
By-Law has been committed by a Person, the Officer may require the name,
address, and proof of identity of that Person.
10. Every person shall provide proof of identification satisfactory to the Officer when
requested to do so pursuant to this By-Law and failure to do so shall constitute
obstruction of an Officer.
PENALTY
11. Any person who contravenes any provision of this by-law is guilty of an offence
and upon conviction is liable for a fine as provided for by the Provincial Offences
Act, R.S.O. 1990, c.P.33, as amended.
12. Pursuant to the authority established in s. 429(2) of the Municipal Act, 2001, S.O.
2001, c. 25, as amended, every person who contravenes any provision of this by-
law is guilty of an offence and upon conviction pursuant to Part III of the Provincial
Offences Act, R.S.O. 1990, c.P.33, as amended, shall be subject to the following
penalties:
a) a person who is convicted of an offence is liable to a fine of not more than
$25,000 for a first offence and to a fine of not more than $50,000 for a
subsequent offence.
b) a corporation who is convicted of an offence is liable to a fine of not more
than $50,000 for a first offence and to a fine of not more than $100,000 for
a subsequent offence.
Motion CW-185-2022
SEVERABILITY
19.
If any section, clause or provision of this By-law is for any reason declared by a
Court of competent jurisdiction to be invalid, the same shall not affect the validity
of the By-law as a whole or any part thereof, other than the section, clause or
provision so declared to be invalid and it is hereby declared to be the intention of
Council that the remaining sections, clauses or provisions of the by-law shall
remain in full force and effect until repealed, notwithstanding that one or more
provisions of this by-law shall have been declared to be invalid.
REPEAL
20.
By-Law 221-2021 is hereby repealed.
ENACTMENT
21.
THAT this By-law shall come into force and effect upon the final passing hereof.
Read a first, second and third time and finally passed this 16 day of August, 2022.
Original By-Law Signed By:
Original By-Law Signed By:
_______________________
_______________________
Catalina Blumenberg, CLERK
Steve Ferguson, MAYOR
Motion CW-185-2022
SCHEDULE "A"
Particulars of Noise
Prohibited Period
1
The operation of any construction equipment in
connection with construction, unless otherwise
exempt under the provisions of this by-law
7:00 pm of one day to 7:00
am of the next day
2
The operation of any construction equipment
without the originally installed muffling devices or
their equivalent in good working order and in
constant operation
At any time
3
The detonation of fireworks or explosive devices
11:00 pm of one day to 7:00
am of the next day
4
The operations of combustion engine which, is, or is
used in, or is intended for use in, a toy or a model
replica of a larger device, which model or replica
has no function other than amusement and which is
not a conveyance
9:00 pm of one day to 7:00
am of the next day
5
The operation of any motor vehicle other than on a
highway or other place intended for its operations
11:00 pm of one day to 7:00
am of the next day
6
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
11:00 pm of one day to 7:00
am of the next day
7
The operations of any powered tool for domestic
purposes other than snow removal
11:00 pm of one day to 7:00
am of the next day
8
The operations of solid waste bulk lift or refuse
compacting equipment
11:00 pm of one day to 7:00
am of the next day
9
Yelling, shouting, hooting, whistling or singing or
similar sounds
11:00 pm of one day to 7:00
am of the next day
10
The operations of a sound emitting pest control
device
11:00 pm of one day to 7:00
am of the next day
11
Racing of any motor vehicle other than in a racing
event regulated by law
At any time
12
The operations of a motor vehicle in such a way
that the tires squeal
At any time
13
The operations of any combustion engine without
an effective exhaust muffling decide in good
working order and in constant operation
At any time
14
The operating of any auditory signaling 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 except where
9:00 pm of one day to 7:00
am of the next day
Motion CW-185-2022
required or authorized in accordance with good
safety practices or for accessibility purposes
15
Indoor/Outdoor amplified sound within a hamlet or
urban area
11:00 pm of one day to 9:00
am of the next day
16
Indoor/Outdoor amplified sound outside of a hamlet
or urban area
11:00 pm of one day to 9:00
am of the next day
17
Operation of a pit or quarry
7:00 pm of one day to 7:00
am of the next day
CORPORATION OF THE COUNTY
OF PRINCE EDWARD
PART I Provincial Offences Act
By-Law No. 143-2022 Being a By-Law to Regulate Noise within
The County of Prince Edward
ITEM
COLUMN 1
Short Form Wording
COLUMN 2
Provision creating or defining offence
COLUMN 3
Set Fine
1.
Ring bell
s.2
$200.00
2.
Blow horn
s.2
$200.00
3.
Shout
s.2
$200.00
4.
Make unusual noise
s.2
$200.00
5.
Make noise likely to disturb
s.2
$200.00
6.
Noise, operate construction equipment
at prohibited time
s.3, Schedule A(1)
$200.00
7.
Noise, operate construction equipment
without muffler
s.3, Schedule A(2)
$200.00
8.
Noise, detonation of fireworks at
prohibited time
s.3, Schedule A(3)
$200.00
9.
Noise, detonation of explosive device
at prohibited time
s.3, Schedule A(3)
$200.00
10.
Noise, operation of model combustion
engine at prohibited time
s.3, Schedule A(4)
$200.00
11.
Noise, operate motorized vehicle at
prohibited time
s.3, Schedule A(5)
$200.00
12.
Noise, venting at prohibited time
s.3, Schedule A(6)
$200.00
13.
Noise, operate power tool at prohibited
time
s.3, Schedule A(7)
$200.00
14.
Noise, operate bulk lift at prohibited
time
s.3, Schedule A(8)
$200.00
15.
Noise, operate refuse compacting
equipment at prohibited time
s.3, Schedule A(8)
$200.00
16.
Noise, yelling, shouting, or similar
sounds at prohibited time
s.3, Schedule A(9)
$200.00
17.
Noise, operate pest control device at
prohibited time
s.3, Schedule A(10)
$200.00
18.
Noise, racing motorized vehicle
s.3, Schedule A(11)
$200.00
19.
Noise, squeal tires
s.3, Schedule A(12)
$200.00
20.
Noise, operate engine without muffler
s.3, Schedule A(13)
$200.00
21.
Noise, operate signaling device at
prohibited time
s.3, Schedule A(14)
$200.00
22.
Noise, amplified sound within urban
area at prohibited time
s.3, Schedule A(15)
$200.00
23.
Noise, amplified sound outside urban
area at prohibited time
s.3, Schedule A(16)
$200.00
24.
Noise, Operation of a pit or quarry at
prohibited time
s.3, Schedule A(17)
$200.00
25.
Fail to comply with temporary noise
permit
s.12
$200.00
26.
Obstruct officer or authorized
employee
s. 15
$200.00
NOTE: The penalty provision for the offences indicated above is contained in Section 18 of By-Law No. 143-2022, a certified
copy of which has been filed.
The fine amounts listed above have been approved by the Regional Senior Justice.
Dated: October 6, 2022
Electronic Signature:
W. Vincent Clifford
Regional Senior Justice
Ontario Court of Justice - East Region