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THE CORPORATION OF THE
TOWNSHIP OF SMITH-ENNISMORE-LAKEFIELD
BY-LAW NUMBER 2003-97
BEING A BY-LAW TO PROHIBIT OR REGULATE NOISES WITHIN THE
TOWNSHIP OF SMITH-ENNISMORE-LAKEFIELD
WHEREAS Sections 9 & 129 of the Municipal Act, 2001, S.O. 2001, c.25, as
amended, provides that the Councils of local municipalities may pass By-laws to
prohibit and regulate with respect to noise, vibration, odour, dust and outdoor
illumination, including indoor lighting that can be seen outdoors;
NOW THEREFORE the Council of the Corporation of the Township of Smith-
Ennismore-Lakefield enacts as follows:
1.
In this By-law:
(a) Dwelling House
A "dwelling house" includes an apartment house, hotel or any other type of
permanent or temporary residence.
(b) Person
A "person" includes a corporation.
(c) Emergency Vehicle
An "emergency vehicle" includes a police car, ambulance, fire truck or
other vehicle and/or watercraft responding to an emergency call pursuant
to a call for service.
2.
General - Likely to Disturb
No person shall within the limits of the Corporation of the Township of
Smith-Ennismore-Lakefield, make or permit any noise, vibration, odour,
dust and outdoor illumination, including indoor lighting that can be seen
outdoors, likely to disturb the inhabitants thereof.
3.
Without limiting the generality of Section 2, the following noises or sounds
shall be deemed to be noises likely to disturb the inhabitants of the
Corporation:
(a) Radio - Loud Speaker
The noises or sound made or created by any radio, phonograph, public
address system, sound equipment, loud speaker, musical instrument or
other sound-producing equipment, when the equipment is played or
operated in such a manner that the sound or noise made or created
thereby disturbs the peace, comfort, or repose of any person in a dwelling
house shall be deemed to be noises likely to disturb.
(b) Amplifier - Loud speaker
The noise or sound caused or made by an amplifier or loud speaker
carried in or attached to a motor vehicle being operated or standing on a
public highway shall be deemed to be noises likely to disturb.
(c) Animal - Bird
The sound made by an animal or bird under the care of an individual
and/or individuals which disturbs the peace, comfort, or repose of any
person in a dwelling house shall be deemed to be noises likely to disturb.
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(d) Exhaust - Without Muffler
The noise or sound caused by the discharge into the open air of the
exhaust from any steam engine, boiler or stationary internal combustion
engine, otherwise than through a muffler or other device which effectively
prevents unnecessary noise shall be deemed to be noises likely to disturb.
(e) Tire Noise - Squealing, Acceleration, Braking
The wheel or tire noise caused by the deliberate and unnecessary
acceleration, rapid turning or rapid braking of a motor vehicle shall be
deemed to be noises likely to disturb.
(f) Motor Racing - Standing Motor Vehicle
The noise caused by the unnecessary racing of the motor of a standing
motor vehicle shall be deemed to be noises likely to disturb.
(g) Construction - Demolition, Repair, Restrictions
The noise caused by the erection, demolition, alteration or repair of a
building or by construction of earth-moving equipment working upon such
site situated within 500 feet of an occupied dwelling house on any day,
between the hours of 9:00 o'clock in the evening and 5:00 o'clock in the
forenoon of the following day, excepting Sundays, when no such noise
shall be created before the hour of 12:00 noon shall be deemed to be
noises likely to disturb.
(h) Lawnmower - Times of day
The noise made by a power lawn mower within 100 feet of an occupied
dwelling house on any day between the hours of 10:00 o'clock in the
evening and 8:00 o'clock in the forenoon of the following day excepting
Sundays, when no such noise shall be created before the hour of 12:00
noon shall be deemed to be noises likely to disturb.
(i) Watercraft Noise
The noise emanating from a source found on any houseboat or other
watercraft not associated with the operation of the said houseboat or
watercraft nor to any other incidental shipping activity, which is of such
volume or duration that it is likely to disturb inhabitants in a dwelling house
shall be deemed to be noises likely to disturb.
(j) Police Officer - Disturbance and Investigation
The noise disturbs a Police Officer acting in accordance with their duties
pursuant to the Police Services Act, or successor legislation, shall be
deemed to be noises likely to disturb.
4.
Restrictions:
This By-law shall not:
(a) Light Fixtures
Require light fixtures used in conjunction with commercial, industrial,
institutional, agricultural or recreational uses to be turned off at any time
the use is actually being conducted;
(b) Illuminated Signs
Require an illuminated outdoor advertising sign, on the premises of a
business, to be turned off at any time the business is open to the public; or
(c) Light Fixtures - Security
Require light fixtures used to illuminate any area for emergency, security
or public safety purposes to be turned off at any time the illumination is
necessary for those purposes.
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5.
Exceptions:
None of the provisions of this By-law shall apply to prevent:
(a) Farm Machinery
The noise caused by any machines of husbandry, corn dryers or other
farm machinery, being used to put in crops or remove crops, or being
used for any other normal farming practices.
(b) Parades
The noise caused by a lawful parade which has been duly authorized by a
Resolution of Council.
(c) Outdoor Hymn - Carolling
The noise caused by an outdoor hymn sing or carolling performance.
(d) Church Bells - Chimes
The noise caused by the sound of a church bell or chime.
(e) Public Utility Work
The noise caused by works done upon a site or highway when such work
is undertaken by forces of the Corporation of the Township of Smith-
Ennismore-Lakefield, the County of Peterborough, Hydro One, the
Ministry of Transportation, any other public utility, or any Contractor
providing services on their behalf, within the Corporation.
(f) Traffic Control Devices
The noise created as part of traffic control devices, including those at
traffic signal locations and railway crossings.
(g) Warning Safety Devices - Vehicles
The noise created as part of a vehicle's warning devices where required or
authorized by law or in accordance with good safety practices, including a
vehicle's back-up alarm.
(h) Snow Removal Equipment
The noise created by the operation of snow removal equipment while in
the operation of snow removal.
(i) Emergency Vehicle Sirens
The noise created by the sound of a siren on an emergency vehicle.
6.
Grant of Exceptions by Council:
(a) Exceptions
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 sources of sound for which
he/she might be prosecuted and Council, by resolution, may refuse to
grant any exemption or may grant the exception applied for or any
exemption of lesser effect and any exemption granted shall specify the
time period, not in excess of 6 months, during which it is effective and may
contain such terms and conditions as Council sees fit.
(b) Breach
Breach by the applicant of any of the terms or conditions of any exemption
shall render the exemption null and void.
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7.
Penalties and Enforcement
(a) Penalties
Any person who contravenes any provision of this By-law is guilty of an
offence and upon conviction, is liable to a fine of not more than the
maximum fine under the Provincial Offences Act.
(b) Enforcement
This By-law shall be enforced by a Police Officer, Police Cadet, Municipal
Law Enforcement Officer, Provincial Offences Officer, By-law Enforcement
Officer or any other person appointed by the Council of the Township of
Smith-Ennismore-Lakefield.
8.
Repeal of Various By-laws
That By-law 1998-18 of the former Township of Smith-Ennismore, that By-
law 91-58 of the former Village of Lakefield, and that By-law 1990-19 of
the Township of Douro-Dummer as it relates to the annexed area
described in Schedule A of the Ministers orders dated February 10, 2000,
are hereby repealed in their entirety.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS
12TH DAY OF AUGUST, A.D., 2003.
Original Signed
___________________________
Reeve, Burritt Mann
Original Signed
____________________________
Acting Clerk, Jodi Chittick DeNoble
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