Noise Control By-Law No. 144 of 1998 (Consolidated, incl. amendment 57 of 2024) — full text

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(Consolidated Copy - Amendments 139 of 1999, 163 of 1999, 141 of 2002, 96 of 2009, 96 of 2021, 18 of 2022 and 57 of 2024) BY-LAW NUMBER 144 OF 1998 OF THE CITY OF SARNIA "A By-Law to Control Noise" WHEREAS it is recognized that people living in an urban environment will be exposed to noise in the course of their daily lives; AND WHEREAS it is recognized that people have a right to and should be provided, to the extent possible, an environment free from unusual, unnecessary, or excessive noise which may unreasonably degrade the quality and tranquility of their life or cause nuisance; AND WHEREAS Council is authorized by Section 210, paragraph 138 of the Municipal Act, R.S.O., 1990 c. M.45, as amended, to enact by-laws for prohibiting or regulating, within the whole of the municipality or within certain defined areas, the ringing of bells, the blowing of horns, shouting and unusual noises, or other noises that are likely to disturb the inhabitants of the municipality; NOW THEREFORE the Municipal Council of the Corporation of the City of Sarnia enacts as follows: 1. DEFINITIONS In this By-Law, all capitalized words shall have specified meaning and, where those meanings are determined by reference to specific zoning category it shall include any and all site specific amendments that fall under such category in the reference zoning by-law and any successor by-law, and those specified meanings are as follows: B/L 141 of 2002 (a) "Agricultural Area" means those areas zoned as agricultural, including RU1 (Rural 1) and corresponding site zone areas, all as defined in By-Law No. 85 of 2002 of the City of Sarnia, as amended from time to time; - 2 - B/L 141 of 2002 (b) "Commercial Area" means an area zoned commercial, being CC1 (Commercial Centre 1), GC1 (General Commercial 1), GC2 (General Commercial 2), GC3 (General Commercial 3), COC1 (Community Commercial 1), HC1 (Highway Commercial 1), OC1 (Office Commercial 1), LC1 (Local Commercial 1), D1 (Downtown 1) and corresponding site zone areas, all as defined in By-Law No. 85 of 2002 of the City of Sarnia, as amended from time to time; (c) "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; (d) "Heavy Equipment" means any non-domestic equipment, tool or device designed or capable of use in construction or demolition, automotive repair 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; (e) "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 device or vehicle if operated only within a building; (f) "Council" means the Council of the Corporation of the City of Sarnia; (g) "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; (h) "Inhabitants" those people normally resident or working within the Municipality, which includes any temporary resident or occupier of premises within the Municipality, and includes any one of the foregoing where they are acting reasonably; - 3 - (i) "Motor Vehicle" includes an 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 up rails, or a motorized snow vehicle, traction engine farm tractor, self-propelled implement or husbandry or road-building machine within the meaning of the Highway Traffic Act; (j) "Motorized Conveyance" means a conveyance propelled or driven otherwise than by muscular, gravitational or wind power; (k) "Municipality" means the land within the geographic limits of the Corporation of the City of Sarnia; (l) "Noise" means a sound, and includes the ringing of bells, the blowing of horns, shouting and unusual sound, or sound likely to disturb the inhabitants of the Municipality; B/L 141 of 2002 (m) "Parks Area" means an area zoned for parks-related purposes, being a MOS1 (Major Open Space 1), OS1 (Open Space 1), W1 (Waterfront 1) and corresponding site zone areas, all as defined in By-Law No. 85 of 2002 of the City of Sarnia, as amended from time to time; (n) "Point of Reception" means any point where Noise is received that is not located on the same premises, or any area exclusively possessed therein, from which the Noise emanates; (o) "Quiet Zone" means an area of the municipality so designated by Council in this By-Law or by street signs placed to identify the area as a place where quiet is of a particular importance; B/W 141 OF 2002 (p) "Residential Area" means an area zoned residential, including RR1 (Rural Residential 1), UR1 (Urban Residential 1), UR2 (Urban Residential 2), UR3 (Urban Residential 3), UR4 (Urban Residential 4), UR5 (Urban Residential 5), SR1 (Suburban Residential 1), PRC1 (Private Residential Community 1) and corresponding site zone areas, all as defined in By-Law No. 85 of 2002 of the City of Sarnia as amended from time to time. - 4 - 2. PROHIBITION OF NOISES LIKELY TO DISTURB No person shall emit, cause or permit the emission of Noise within the Municipality which is likely to disturb the Inhabitants. 3. NOISES DEEMED LIKELY TO DISTURB Without limiting the generality of Section 2, the activities listed in "Schedule A - General Prohibitions" are hereby deemed to be Noises which, in the opinion of Council, create Noises likely to disturb and which are hereby prohibited anywhere within the Municipality. 4. LIMITATIONS BY TIME AND PLACE B/L 139 of 1999 Without limiting the generality of Section 2, certain activities that produce Noise shall be deemed to be Noises likely to disturb if resulting from any of the acts listed in column 1 of "Schedule B - Prohibitions by Time and Place", if said act results in Noise audible at a Point of Reception during the times specified in Columns 2, 3 and 4 of said schedule. 5. SPECIAL RESIDENTIAL AREA The areas as specified on Schedule "C" and identified as the "Golden Mile" and the "Downtown Core" shall be deemed to be Residential Areas for the purposes of this By- Law, and subject to the time and place prohibitions for Residential Areas set out in Section 4 and Schedule "B" of this By-Law, as well as the general prohibitions specific to Residential Areas set out in Section 3 and Schedule "A". 6. QUIET ZONES The following areas are designated as Quiet Zones for the purposes of this By-Law: B/L 96 of 202 (a) the area designated on Schedule "D" surrounding Bluewater Health; and (b) other areas as designated from time to time in Schedule "D". - 5 - EXEMPTIONS 7. PUBLIC SAFETY Notwithstanding any other provision of this By-Law, it shall be lawful during an emergency to emit or cause or permit the emission of Noise in connection with emergency measures: (a) for the immediate health, safety or welfare of the Inhabitants; or (b) for the preservation or restoration of property; unless such sound is of a longer duration, or a nature more disturbing, than is reasonably necessary for the accomplishment of such emergency purpose. 8. GRANT OF EXEMPTION BY COUNCIL (a) Any person may make an application to Council for an exemption from any of the provisions of this By-Law for any property and Council may, by resolution after a hearing before Council, refuse or approve the exemption in whole or in part, upon such terms and conditions as Council sees fit. (b) The applicant shall provide evidence satisfactory to City Council that it provided notice 14 days prior to the hearing before Council of its application for an exemption. The notice shall set out full particulars of the exemption being applied for, including name of applicant, date and time in effect, as well as the nature of exemption. Notice shall provide reasonable notice to those parties reasonably expected to be effected by the exemption and the means of notice shall be prescribed by the City Clerk from time to time. Failure to provide sufficient notice can provide a ground for Council to refuse to grant the application for exemption. (c) Breach by the applicant of any of the terms or conditions of the exemption shall render the exemption null and void. - 6 - 9. EXEMPTION OF CERTAIN ACTIVITIES Notwithstanding any other provision of this By-Law, this By-Law does not apply to a person who emits, causes or permits the emission of Noise in connection with any of the activities listed in Schedule "E". 10. SEVERABILITY If any section or sections of this By-Law or parts thereof shall be found by any Court to be illegal or beyond the power of Council to enact, such section or sections or parts thereof shall be deemed to be severable and all other sections or parts of this By-Law shall be deemed to be separate and independent therefrom and continue in full force and effect unless and until similarly found and this By-Law shall be enacted as such. 11. PENALTY Any person who contravenes any of the provisions of this By-Law is guilty of an offence and is subject to the provisions of the Provincial Offences Act. 12. INTERPRETATION This By-Law shall be read with all changes to number and gender required by the context. 13. HEADINGS The headings in the body of this By-Law do not form part of the By-Law but are inserted for convenience of reference only. 14. SCHEDULES Schedules A, B, C, D and E attached to this By-Law form part thereof. - 7 - 15. CORRESPONDING BY-LAWS This By-Law supercedes any corresponding By-Laws of the former City of Sarnia and the former Town of Clearwater which may not have been repealed. 16. SHORT TITLE The short title of this By-Law is the "Noise By-Law". 17. EFFECTIVE DATE This By-Law comes into force and effect upon being finally passed. FINALLY PASSED this 28th day of September, 1998. "Jim Foubister" ______________________________________ Acting Mayor "Ann Tuplin" ______________________________________ Clerk d:\my documents\blw consolidated\noise control consolidated sept-09.dmr (file #C01-73-63) - 8 - SCHEDULE "A" Noise - General Prohibitions 1. Racing of any Motorized Conveyance other than in a racing event regulated by law or a facility for racing Motorized Conveyances that is not otherwise prohibited by Council or its By-Laws. 2. The operation of a Motor Vehicle in such a way that the tires squeal. 3. The operation of any combustion engine without an exhaust muffling device in good working order and in constant operation. 4. The operation of a Motor Vehicle or a Motor Vehicle with a trailer resulting in banging, clanking, squealing or other like sounds. B/L 96 of 2021 5. The operation of an engine or motor in, or on, any Motor Vehicle, or the operation of attached auxiliary equipment, for a continuous period exceeding one minute, while such vehicle is stationary in a Quiet Zone or Residential Area unless: (i) such vehicle is in an enclosed structure which effectively prevents excessive noise emission; or (ii) 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; or (iii) 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 (iv) 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 the preservation of perishable cargo; or - 9 - (v) the temperature is less than zero degrees centigrade thereby making longer idling periods necessary, immediately after starting the motor or engine; or (vi) the idling is for the purpose of cleaning and flushing the radiator and associated circulation system for seasonal change of antifreeze, cleaning of the fuel system, carburetor or the like, when such work is performed other than for profit or barter; or B/L 96 of 2021 (vii) it is in connection with the delivery of goods to any of the following destinations: - Retail business establishments; - Restaurants, including cafes and bars; - Hotels and motels; or - Goods distribution facilities." B/L 96 of 2021 6. Notwithstanding item #5 above, the operation of an engine or motor in, or on, any Motor Vehicle, or the operation of attached auxiliary equipment, for a continuous period exceeding one minute, while such vehicle is stationary in a Quiet Zone or Residential Area unless more than one minute is required for the actual loading or unloading of the Motor Vehicle at such location. 7. The operation of a Motor Vehicle horn or other warning device except where required or authorized by law. 8. 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. - 10 - SCHEDULE "B" Prohibitions by Time and Place Prohibited Period of Time For Each Area Quiet Residential Commercial and Zone and Parks Agricultural Area Area 1. The operation of any auditor 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 by electronic means except where required or authorized by law. 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. 3. All selling or advertising by shouting or amplified sound. B/L 96 of 2021 4. Loading, unloading, delivering, packing, unpacking, or otherwise handling any containers, products, materials, or refuse, whatsoever, unless necessary for the maintenance of essential services or in connection with the delivery of goods to any of the following destinations: - Retail business establishments; - Restaurants, including cafes and bars; - Hotels and motels; or - Goods distribution facilities. 5. The operation of any Heavy Equipment in connection with Construction of demolition. 6. The operation of any Heavy Equipment, other than as necessary for air treatment, heating or cooling. 7. The detonation of fireworks, except as part of Construction if carried out between the hours specified in item #5 above. 8. The detonation of explosive devices. 9. The discharge of firearms, other than as part of an otherwise sanctioned hunt or gun club, or where such discharge has agricultural purposes. 10. The operation of a combustion engine which, i) is, ii) is used in, or iii) is intended for use in, At any time At any time At any time 8:00 pm to 8:00 am (9:00 am on Sundays & Stat Holidays) 5:00 pm to 7:00 am (all day Sundays & Stat Holidays) 5:00 pm to 7:00 am (all day Sundays & Stat Holidays) At any time At any time At any time At any time 8:00 pm to 8:00 am (9:00 am on Sundays & Stat.Holidays) 8:00 pm to 8:00 am (9:00am on Sundays & Stat. Holidays) 8:00 pm to 8:00 am (all day Sundays & Stat Holidays) 9:00 pm to 8:00 am (all day Sundays & Stat Holidays) 8:00 pm to 7:00 am (all day Sundays & Stat Holidays) 8:00 pm to 7:00 am (all day Sundays & Stat Holidays) 12:00 am to 8:00 am At any time At any time 8:00 pm to 8:00 am (9:00 am on Sunday) 9:00 pm to 7:00 am 9:00 pm to 7:00 am 9:00 pm to 7:00 am 11:00 pm to 6:00 am 11:00 pm to 7:00 am 8:00 pm to 7:00 am 12:00 am to 8:00 am At any time At any time 9:00 pm to 7:00 am 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. 11. 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. 12. The operation of any Motorized Conveyance other than on a highway or other place intended for its operation. 13. 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. 14. Persistent barking or whining or any domestic dog or other persistent noise- making by any domestic pet, other than while such pet is performing a valid and normal agricultural purpose. 15. The operation of any powered or non- powered tool for domestic purposes other than snow removal. B/L 163 of 1999 16. The operation of solid waste bulk lift or refuse compacting equipment. 17. The operation of commercial car wash equipment. 18. Yelling, shouting , hooting, whistling or singing. At any time At any time At any time At any time 5:00 pm to 8:00 am (9:00 am on Sundays & Stat Holidays) 5:00 pm to 7:00 am (9:00 am on Sundays & Stat Holidays) 5:00 pm to 8:00 am (9:00 am on Sundays & Stat Holidays) At any time 11:00 pm to 8:00 am (9:00 am on Sunday & Stat Holidays) 8:00 pm to 8:00 am (9:00 am on Sundays & Stat Holidays) 8:00 pm to 8:00 am (9:00 am on Sundays & Stat Holidays) At any time 9:00 pm to 8:00 am (9:00 am on Sundays & Stat Holidays) 8:00 pm to 7:00 am (9:00 am on Sundays & Stat Holidays) 11:00 pm to 8:00 am (9:00 am on Sundays & Stat Holidays) 8:00 pm to 8:00 am (9:00 am on Sundays & Stat Holidays) 11:00 pm to 7:00 am 9:00 pm to 7:00 am 11:00 pm to 7:00 am At any time 9:00 pm to 7:00 am 9:00 pm to 7:00 am 11:00 pm to 7:00 am 11:00 pm to 7:00 am - 14 - SCHEDULE "D" B/L 96 of 2021 1. Bluewater Health, in the City of Sarnia, and including the area; - Commencing at the intersection of the North limit of London Road with the West limit of Russell Street - Thence Easterly along the North limit of London Road to the East limit of Norman Street - Thence Southerly along the East limit of Norman Street to the South limit of Maria Street - Thence Westerly along the South limit of Maria Street to the West limit of Russell Street - Thence Northerly along the West limit of Russell Street to the point of commencement. - 15 - B/L 96 of 2009 SCHEDULE "E" Activities to Which the By-Law does not Apply B/L 18 of 2022 1. Noise associated with approved Festival and Event Applications on municipal property during the hours of 8:30 a.m. and 11:00 p.m. 2. Any band or parade, provided that permission to operate such band or hold such parade has been first obtained under any applicable by-law of The Corporation of the City of Sarnia, and the Sarnia Police Services Board. B/L 96 of 2021 3. Emergency work being carried out by the City of Sarnia Works Department, or by Bluewater Power or Enbridge. B/L 96 of 2021 4. Non-emergency work being carried out by, or on behalf of, the City of Sarnia, Bluewater Power or Enbridge within a municipal road allowance where such activities occur between the hours of 6:30 a.m. and 10:00 p.m. 5. Non-emergency work being carried on outside of the permitted times in Schedule "B" with the permission of the Engineer for the City of Sarnia, which permission has been adopted by City Council by virtue of Council accepting a bid on a tender call, or otherwise. 6. Non-emergency work being carried out by the Community Services Department of the City of Sarnia where such activities occur between the hours of 7:30 a.m. and 10:00 p.m. 7. Normal farming operations. 8. Snow removal. B/L 96 of 2021 9. The following events: (a) BayFest - Centennial Park (b) Canada Day events - as approved by the Canada Day Committee (c) Hiawatha Horse Park & Entertainment Centre - 9 events per annum (d) Jazz Festival - McGibbon Park (e) Rib Fest - Centennial Park (f) San Rocco Festival - Centennial Park (g) Sarnia Greek Fest - 1299 Murphy Road, Sarnia between the hours of 8:30 a.m. and 11:00 p.m. Sunday through Thursday and 8:30 a.m. and 12:00 a.m. Friday and Saturday. (Where the scheduled - 16 - entertainment is delayed due to inclement weather, the hours of operation may be extended by up to 1 hour.) 10. Canadian Cancer Society's Relay for Life - Canatara Park B/L 96 of 2021 11. The delivery of goods to any of the following destinations: - Retail business establishments; - Restaurants, including cafes and bars; - Hotels and motels; or - Goods distribution facilities. B/L 57 of 2024 12. Noise associated with approved Film Permits during the hours of 8:30 a.m. and 11:00 p.m.