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CORPORATION OF THE CITY OF QUINTE WEST
BY-LAW NUMBER 08.127
BEING A BY.LAW TO REGULATE NOISE WITHIN THE BOUNDARIES OF THE
CORPORATION OF THE CITY OF QUINTE WEST.
WHEREAS section 129 of the Municipal Act, 2001 authorizes the council of
every local municipality to regulate and prohibit with respect to noise; and
WHEREAS the Council of the Corporation of the City of Quinte West deems it
expedient to pass a by-law for this purpose;
NOW THEREFORE BE IT ENACTED BY THE COUNCIL FOR THE CORPORATION
OF THE CITY OF QUINTE WEST AS FOLLOWS:
1. This By-law shall be entitled the "Noise Control By'law".
2. DEFINITIONS:
ln this by-law,
',Agricultural property" means a property that is zoned for agricultural use
in the zoning by-law that applies to the property;
"city, and "cíty of Quinte west" mean The corporation of the city of
euinte West, as incorporated on January 1, 1998, and all of its administrative
units;
',Construcúlon" includes erection, alteration, repair, dismantling, demolition,
structural maintenance, painting, moving, land clearing, earth moving,
grading, excavation, blasting and detonation of explosive devices other than
ireworks, 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 associated or
related work;
n'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;
"Council" and "City Councí|" mean the Council of the City of Quinte West;
"Emergency" means a situation or an impending situation, often dangerous,
caused by the forces of nature, an accident, an intentional act or otheruvise,
which arises suddenly and calls for prompt action;
"Emergency vehicte" includes a land ambulance, an air ambulance, a fire
department vehicle, and a motor vehicle being used to respond to an
emergency;
"By-Law Enforcement section" means the administrative unit as
deðignated by Council to administer and enforce the by-laws of the City
"Motor vehicle" includes an automobile, bus, truck, motorcycle, motor
assisted bicycle and any other vehicle propelled or driven other than by
muscular power, but does not include a motorized snow vehicle, traction
engine, farm tractor, other farm vehicle or road-building machine;
'nMunicipal seruice vehicle" means a vehicle operated by or on behalf of
the City or a local board of the City while the vehicle is being used for the
construction, repair or maintenance of a highway, including the clearing and
removal of snow, the construction, repair or maintenance of a utility, the
collection or transportation of waste, or other municipal purpose;
"Noise" means sound that is of such a volume or nature that it is likely to
disturb the inhabitants of the City;
"Other areas" means the lands designated in Schedule D as "other areas",'
"Person" includes a corporation as well as an individual;
"Premises" means a piece of land and any buildings and structures on it,
and includes a place of business, road, and any other location or place;
'oResidence" means a room, suite of rooms, or dwelling, including a mobile
trailer, operated as a housekeeping unit that is used or intended to be used
as a Separate domicile by one or more persons, and that normally contains
cooking, eating, living, sleeping and sanitary facilities;
"Residential areas" means all lands within the geographic boundaries of the
City except for those lands designated in Schedule D as "other areas";
"Road" includes a public highway, private road, lane, pathway and sidewalk;
*lJtility" means a system that is used to provide a utility service to the public,
including water, Sewage, electricity, gaS, communications networks and cable
services;
"Utility seruice vehicle" means a vehicle operated by or on behalf of any
company or agency that supplies or manages a utility within the City while the
vehicle is being used for the construction, repair or maintenance of that utility;
"Vehicle" includes a motor vehicle, trailer, tractiOn engine, farm tractOr, road-
building machine and other vehicle propelled or driven other than by
muscular power; and
"Zoning by-law" means a by-law passed under section 34 of the Planning
Acf that restricts the use of land.
3. APPLICATION:
3.1 The general prohibitions on activities described in Schedule A apply to
the lands within the residential areas and other areas of the City
designated in Schedule D at alltimes.
3.2 The prohibitions on activities by time and place described in Schedule B
apply to the lands within the residential areas and other areas of the
City designated in Schedule D during the days and between the hours
specified in Schedule B.
4. ADMINISTRATION:
4.1 The By-Law Enforcement Section is responsible for the administration of
this by-law.
4.2 All provincial offences officers with authority to enforce the by-laws of the
City are responsible for, and are authorized to enforce the provisions of
this by-law.
5. REGULATIONS:
5.1 No person shall, at any time, make, cause or permit the making of noise
within the City that is the result of any of the activities described in
Schedule A and that is audible to:
(1) a person in a premises or a vehicle other than the premises or
vehicle from which the noise is originating; or
(2) a person in a residence other than the residence from which the
noise is originating.
5.2 No person shall, during the days and between the hours specified in
Schedule B, make, cause or permit the making of noise within the
residential areas and other areas designated in Schedule D that is the
result of any of the activities described in Schedule B and that is
audible to:
(1) a person in a premises or a vehicle other than the premises or
vehicle from which the noise is originating; or
(2) a person in a residence other than the residence from which the
noise is originating.
6. EXEMPTIONS:
6.1 The prohibitions described in Schedules A and B do not apply if the noise
is the result of measures undertaken in an emergency for the:
(1) immediate health, safety or welfare of the inhabitants; or
(2) 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.
6.2 The prohibitions described in Schedules A and B do not apply if the noise
is the result of any of the activities described in Schedule C.
6.3 The prohibitions described in Schedules A and B do not apply if the noise
is the result of an activity that has been granted an exemption pursuant
to this bylaw
6.4 Any person may submit an application to the City Clerk requesting an
exemption for any of the prohibitions described in Schedules A and/or
B.
6.4.1
Requests for exemptions shall include the following:
(a) the name of the organization and/or individual requesting
the exemption;
the nature and purpose of the event to which the
exemption will apply;
(b)
(c)
the location of the proposed event;
(d)
the specific date(s) and time period(s) to which the
exemption will aPPIY;
(e) the fee prescribed by the City's General Fee's and
Charges By-law as amended from time to time.
(f)
any other information deemed necessary by the City for
the proper review and evaluation of the application for
exemption.
6.4.2 Receipt of the exemption request and/or the required fee by the
City shall not represent approval of the application for the
issuance of the exemption nor shall it obligate the city to approve
such exemption request.
6.4.3 Upon approval, the exemption shall be in effect for the dates and
times specified therein and shall also be subject to any conditions
as deemed appropriate bY the CitY.
6.4.4 A breach of any of the terms or conditions of the exemption
granted by the City that is caused or permitted by the Applicant
shall render the exemption null and void
6.4.5 Where the City Clerk determines that an exemption should not be
granted, the City Clerk shall notify the applicant in writing stating
the reason for the refusal.
7. SGHEDULES:
The following schedules are attached to and form part of this by-law:
Schedule A - General Noise Prohibitions;
Schedule B - Noise Prohibitions by Time and Place;
Schedule C - Exemptions from the Noise Prohibitions; and
Schedule D - Designated Residential Areas.
8. OFFENCE AND PENALTY PROVISIONS:
8.1 Any person who contravenes the provisions of this by-law is guilty of an
offence and, upon conviction, is subject to a fine as provided in the
Provincial Offences Actand to any other applicable penalties.
8.2 lf 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.
9. VALIDITY:
9.1 lf a court of competent jurisdiction declares any provision, or any part
of a provision, of this by-law to be invalid, or to be of no force and
effect, it is the intention of Council in enacting this by-law that each and
every provision of this by-law authorized by law be applied and
enforced in accordance with its terms to the extent possible according
to law.
10. REPEAL
That By-law 00-28 and any and all other by-laws or portions thereof or
any resolutions of the Council of the Corporation of the City of Quinte
West contrary hereto or inconsistent herewith, shall be repealed.
1 1. GOMMENGEMENT:
11.1 This By-law shall become effective upon the date of final passing
thereof.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS
6TH DAY OF OCTOBER 2008.
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ayor
Dyke,
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SCHEDULE A
GENERAL NOISE PROHIBITIONS
1. Operation of a motor vehicle or motorized snow vehicle in a race.
2. Operation of a motor vehicle in such a way that the tires squeal.
3. Operation of a combustion engine or pneumatic device without an effective
exhaust muffling device that is in good working order and in constant
operation.
4. Operation of any item of construction equipment without an effective
exhaust muffling device that is in good working order and in constant
operation.
5. Operation of a vehicle in a manner that results in banging, clanking,
squealing or similar sounds because of inadequate maintenance or an
improperly secured load.
6. Operation of the horn of a vehicle or other warning device except where
required or authorized, or in accordance with good safety practice.
7. Operation of any outdoor auditory signaling device, including but not limited
to outdoor paging systems, the ringing of bells or gongs, the use of sirens,
whistles or chimes, or the production, reproduction or amplification of any
similar sounds by electronic means except where required or authorized
by law or in accordance with good safety practice.
8. Persistent barking, calling or whining or other similar persistent noise-
making by animals and birds kept as household pets.
9. Selling or advertising by shouting, yelling or amplified sound.
10. Unauthorized setting off of fireworks.
1 1. 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, or
such ot-her time limit specified in the by-law controlling the idling of vehicles
and boats, while such vehicle is stationary in a residential area, unless:
a) The vehicle is in an enclosed structure constructed so as to
effectively prevent the emission of excessive noise;
b) Continuous operation of the engine or motor is essential to a basic
function of the vehicle or equipment, including but not limited to the
operation of ready-mixed concrete trucks, lift platforms, refuse
compactors and heat exchange systems during normal operation;
c) weather conditions justify the use of heating or refrigeration
systems powered by the motor or engine for the safety and welfare
oÍ tne operator, passengers or animals, or the preservation of
perishable cargo;
c
BandC
B
B
B
B
B
B
B
B
BandC
BandC
B
B
Other Areas
as defined in
Schedule D
BandC
Band C
A
B
B
B
B
B
B
B
BandC
BandC
A
B
Prohibited Times
Residential
Areas as defined
in Schedule D
12. Operation of a pit or quarry
13. Take-off or landing of a power-assisted hang
glider, parafoil or aircraft of any type.
14. Yelling, shouting, hooting, whistling, singing or
the playing of musical instruments, including
percussion instruments.
10. Outdoor operation of any powered or non-
powered tool for domestic purposes other
than snow removal.
11. Loading, unloading, delivering, packing,
unpacking or otheruvise handling any
containers, products, other materials or
refuse, unless necessary for the
maintenance of essential services or the
moving of private household effects.
8. Operation of any powered rail car including but
not limited to locomotives and refrigeration
cars while stationary on property not owned
or controlled by a railwaY company
governed by the RailwaY SafetY Act
(Canada).
9. Operation of any motorized conveyance other
than on a highway or other place intended
for its operation.
5. 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
6. Operation of a solid waste bulk lift or
compacting equiPment.
refuse
7. Operation of commercial car wash equipment.
1. Operation of construction equipment in
connection with construction.
2. Erection, alteration, repair, dismantling, or any
activity related to construction.
3. Operation of any device or group of connected
devices intended for the production,
reproduction, or amplification of voices or
sound.
4. Operation of a combustion engine that (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 is not a conveyance and which has
no purpose other than amusement.
Activity
SCHEDULE B
NOISE PROHIBITIONS BY TIME AND PLACE
Prohibited Times
A. At any time
B. 1900 hours (7:00pm) of one day to 0700 hours of next day (0900 Sundays)
C. All day Sundays and Statutory Holidays
SCHEDULE C
EXEMPT¡ONS FROM THE NOISE PROHIBITIONS
1. Operation of emergency vehicles.
2. Operation of municipal service vehicles and related equipment'
3. Operation of utility service vehicles and related equipment.
4. Authorized displays of fireworks.
5. Bicycle races.
6. Midways and/or that have been authorized by the City'
7. Races, paradeS, proceSsions, and events for ceremonial, religiOus Or
traditional purposes that have been authorized by the City.
8. Operation of bells, chimes, carillons and clocks in churches and public
buildings.
g. Cultural, recreational, educational and political events in parks and other
public places that have been authorized by the City.
10. Neighbourhood events on municipal highways and other municipal property
that have been authorized by the City.
11. Noises normally associated with the manufacturing, processing and/or
assembly of goods and/or products on properties zoned for industrial and
commercial land uses.
12. Agricultural activities on agricultural properties.
13. Operations and activities conducted under the authority of the Department
of National Defense.
SCHEDULE D
DESIGNATED OTHER AREAS
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Produced by the City of Qu¡nte l,Vest.
GIS Division. Copyright, 2008.
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City of Quinte West
Noise By-Law Map
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