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THE CORPORATION OF TOWNSHIP OF RYERSON
BY-LAW NUMBER 47 -24
Noise Control By-law
BEING A BY-LAW TO REGULATE NOISE IN THE TOWNSHIP OF
RYERSON
WHEREAS Section 129 of the Municipal Act 2001, S.O. c. 25 as amended authorizes
the municipality to prohibit and regulate with respect to noise; and
WHEREAS it is expedient to exercise the power conferred upon the Council by the
Environmental Protection Act, R.S.O. 1990, chap. E19, as amended and other
statutory authority; and
AND WHEREAS it is the policy of the Council to reduce and control excessive or
nuisance noise or vibration, to protect the public health and safety, and preserve the
tranquility in the Township of Ryerson;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP
OF RYERSON ENACTS AS FOLLOWS:
SHORT TITLE
1.
This By-law may be referred to as the "Noise Control By-law".
DEFINITIONS
2.
In this by-law:
a) "agricultural noise" includes: irrigation pumps, crop conditioning and
drying equipment, refrigeration units, crop protection and equipment
necessary to provide for livestock.
b) "appliance" means a household device whether fixed or portable;
c) "applicant" means the person or persons seeking an exemption of either a
temporary or permanent nature from the provisions and requirements of
this Bylaw;
d) "By-law Enforcement Officer" means the By-Law Enforcement Officer
appointed by the Township of Ryerson or their agent, other staff appointed
as an Officer for the Township;
e) "construction" includes 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 installation of construction
components and materials in any form or for any purpose and includes any
work in connection there with;
f) "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,
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compactors and rollers, pumps, concrete mixers, graders, or other material
handling equipment;
g) "conveyance" includes a vehicle and any other device employed to
transport a person or persons or goods from place to place but does not
include any such devise or vehicle if operated only within a building;
h) "Council" means the Council of The Corporation of the Township of
Ryerson;
i) "electronic device" means a device intended primarily for the production,
reproduction or amplification of sound, including, but not limited to, any
musical instrument, radio receiver, television receiver, recorder,
phonograph, loudspeakers, amplifiers, microphones or reproducers or any
combination of such equipment, including devices used in the reproduction
of music, speech or other sounds;
j) "emergency vehicles and equipment" means any emergency services
vehicle including fire trucks, ambulances, police vehicles, utility emergency
vehicle, loud speakers or emergency siren, and any other method of
acquiring the publics attention during an emergency situations owned or
operating on behalf of the Township of Ryerson, the Province of Ontario,
the government of Canada or such agencies including but not limited to
Union Gas, Hydro one;
k) "excessive noise" means noise under human control and is of such a
nature as to interfere with the peace, comfort, and convenience of any
person at a point of reception occurring at restrictive times; The person
making the complaint must not be in or at the same place where the noise
is being emitted.
l) "generator" means a device which consumes fuel to produce electrical
power;
m) "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;
n) "motorized conveyance" means a conveyance propelled or driven
otherwise than by muscular, gravitational or wind power;
o) "noise" Any excessive or unusually loud sound
p) "owner" means the registered owner of the land from which noise
originates, and includes a trustee acting on behalf of the registered owner,
the estate of a registered owner and a person with a leasehold interest in
the land;
q) "person" means any individual, corporation, partnership, company,
association or party and the heirs, executors, administrators of other legal
representative of such person to whom context can apply according to law;
shall include any group of person comprising a society or other
organization and shall include the plural wherein the context requires.
Wherever the word "he" or "him" is used, it shall mean and include the
feminine or neutral gender wherever the context so requires.
r) "point of reception" means any place on a property where sound or
vibration is heard, the source of which does not originate from same
property;
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s) "public park" means any open space or recreational area, owned or
controlled by The Corporation of the Township of Ryerson;
t) "service vehicle" means a vehicle operated by or on behalf of the
Township of Ryerson or private contractor
u) "Special Event Permit" means permission given by the Township to an
Applicant to hold a Special Event as defined in the current Special Event
Policy, as amended;
v) "Township" means the geographic area comprising the Township of
Ryerson.
3.
PROHIBITIONS
3.1
No person or owner shall emit, cause or permit the emission of noise, which is
clearly audible to a person at a point of reception, resulting from an act listed in
Schedule 'A'- Prohibitions within the prohibited time shown for such act
4.
GENERAL EXEMPTIONS
4.1
Notwithstanding any other provision of this by-law, it shall be lawful to emit or
cause or permit the emission of sound or vibration in connection with
emergency measures undertaken:
a)
for the immediate health, safety or welfare of the inhabitant or
any of them' or
b)
for the preservation or restoration of property;
unless such sound or vibration is clearly of a longer duration, or nature more
disturbing than is reasonably necessary to accomplish such emergency
purpose.
c)
agricultural equipment for the purpose of farming
d)
The operation of service vehicles
5.
GRANT OF EXEMPTION BY COUNCIL
5.1
Notwithstanding anything contained in this by-law, any person may make
application to Council to be granted an exemption from any of the provisions of
this by-law with respect to any source of sound or vibration for which he might
be prosecuted. Council, by resolution, may refuse to grant any exemption or
may grant the exemption applied for or any exemption of lesser effect. Any
exemption granted shall specify the time period, not in excess of six (6)
months during which it is effective and may contain such terms and conditions
as Council sees fit
5.2
In deciding whether to grant the exemption, Council shall give the applicant
and any person opposed to the application an opportunity to be heard and
may consider such other matters as it sees fit
5.3
Breach of terms and conditions by the applicant shall render the exemption
null and void
6.
SEVERABILITY
6.1
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 the by-law and it is hereby declared that the remainder of the by-law shall be
valid and shall remain in force.
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7.
PENALTIES
7.1
Every person who contravenes any provision of this by-law is guilty of an
offence and on conviction is liable to a fine as provided for in the Provincial
Offences Act R.5.0 1990, c. P. 33.
7.2
Every person guilty of an offence under this by-law may, if permitted under the
Provincial Offences Act, pay a set fine and the Chief Judge of the Ontario
Court Provincial division, shall be requested to establish set fines in
accordance with Schedule "B" attached to this by-law
8.
POWER OF ENTRY
8.1
A By-Law Enforcement Officer, Peace Officer, persons appointed by Council
or their representative may enter onto a property at any reasonable time, for
the purpose of carrying out an inspection to determine whether or not the
provisions of this bylaw are being complied with.
9.
OBSTRUCTION
9.1
No person shall hinder or obstruct a By-Law Officer, or person appointed by
Council, who is lawfully carrying out enforcement of performing a duty under
this by-law.
9.2
No person shall fail to identify themselves to the By-Law Enforcement Officer,
or person appointed by Council, if they have been alleged to have contravened
any provisions of this by-law.
10.
ENFORCEMENT
10.1 Nothing here in shall be deemed to limit the ability of the Ontario Provincial
Police to enforce this by-law at any time
11.
REPEAL OF BY-LAWS
11.1 Noise By-Law No. 14-22 is hereby repealed.
12.
APPROVAL
12.1
This by-law shall come into force upon the third reading by Council
READ a FIRST, SECOND, and THIRD TIME
Signed and the seal of the Corporation
Affixed hereto and finally passed
this 22nd day of October 2024.
Original Signed by George Sterling
MAYOR
Original Signed by Nancy Field
CLERK/
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TOWNSHIP OF RYERSON
Noise Control By-Law No. 47-24
Schedule "A"
PROHIBITIONS
of The Noise from each of the Following Operations
Prohibited Activity
Prohibited Period of Time
1. The operation of any electronic devices
intended for the production, reproduction, or
amplification or sound
11pm one day to 7am the next day
2. The operation 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.
11pm one day to 7am the next day
3. Shouting, yelling, or similar noises made by a
person
11pm one day to 7am the next day
4. The operation of any construction equipment
or in connection with construction
9pm one day to 7am the next day (11am on
Sundays and Statutory Holidays)
5. The operation of a toy, model or replica of a
larger device, that has no function other than
amusement.
11pm one day to 7 am the next day
6. The operation of any motorized conveyance
other than on a highway or authorized
snowmobile trail.
11pm one day to 7 am the next day
7. The operation of any powered or non-
powered tool, equipment, or appliance for
domestic purposes other than snow removal
11pm one day to 7 am the next day
8. Loud playing of musical instruments
11pm one day to 7am the next day
9. The detonation of fireworks or explosive
devices not used in construction
11pm one day to 7am the next day
10. The operation of a motorized conveyance in
such a way as to rev the engine beyond what is
required for normal operation and maintenance
11pm one day to 7am the next day
11. The operation of a generator to provide
power to a residential dwelling other than
during a power outage or other than during the
construction phase prior to power being
installed in the constructed building.
11pm of one day to 7am the next day
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TOWNSHIP OF RYERSON
Noise Control By-Law No. 47 - 24
Schedule "B"
PART 1 PROVINCIAL OFFENCES ACT
Item
Short Form Wording
Provision Creating or
Defining Offence
Set Fine
1.
Permit noise from
electronic device
during prohibited time
s. 3.1 Sch. A(1)
$150.00
2.
Permit noise from
auditory signaling
device during
prohibited time
s. 3.1 Sch A(2)
$150.00
3.
Make or permit noise
by shouting, yelling, or
similar during
prohibited time
s. 3.1 Sch A(3)
$150.00
4.
Permit noise from
construction
equipment during
prohibited time
S3.1 Sch A(4)
$150.00
5.
Permit noise from a
toy, model or replica
during prohibited time
S3.1 Sch A(5)
$150.00
6.
Permit noise from a
motorized conveyance
during prohibited time
S3.1 Sch A(6)
$175.00
7.
Permit noise from any
tool, equipment or
appliance during
prohibited time
S3.1 Sch A(7)
$150.00
8.
Permit noise from loud
playing of musical
instruments during
prohibited time
S3.1 Sch A(8)
$150.00
9.
Permit noise by
detonating fireworks
or explosive devices
during prohibited time
S3.1 Sch A(9)
$150.00
10.
Permit the operation
of a motorized
conveyance in such a
way to rev the engine
S3.1 Sch A(10)
$175.00
11.
Permit noise from a
domestic generator
during prohibited time
S3.1 Sch A(11)
$175.00
NOTE: The general penalty section for the offences indicated above is Section 7.0 of By-law No. 47-24, a
certified copy of which has been filed.