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original document ·
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unofficial consolidation, the official version is held by the municipal clerk.
Amended by By-law 2026-37
THE CORPORATION OF THE TOWNSHIP OF SEVERN
BY-LAW NO. 2025-04
BEING A BY-LAW TO REGULATE NOISE WITHIN THE TOWNSHIP OF SEVERN
WHEREAS pursuant to Section 10(2) of the Municipal Act, S.O. 2001, c.25 (the Act), a
municipality may pass by-laws respecting the health, safety and well-being of persons;
AND WHEREAS Section 129 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended
(the "Act") provides that a local municipality may pass by-laws to prohibit and regulate
noise and vibration, and other matters;
AND WHEREAS the Council for the Township of Severn deems it appropriate to
regulate noise within the Township of Severn;
NOW THEREFORE THE COUNCIL OF THE TOWNSHIP OF SEVERN ENACTS AS
FOLLOWS:
1.
Citation
1.1 This by-law may be cited as the "Noise By-law".
2.
Definitions
2.1 "CAO" means the Chief Administrative officer of the Corporation of the
Township of Severn or their designate;
2.2 "Clerk" means the Clerk of the Corporation of the Township of Severn or
their designate;
2.3 "Construction" includes the erection, alteration, repair, dismantling, or
demolition of structures or developments; 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;
2.4 "Construction Equipment" or "Construction Vehicle" means any
equipment, device, or vehicle 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, compactors, rollers, pumps, concrete mixers, graders, or
other material handling equipment;
2.5 "Council" means the Council of the Corporation of the Township of Severn;
2.6 "Domestic Animal" means an animal that is housed and fed by a person
and which actually lives in physical proximity to humans, including but not
limited to pets such as dogs, cats and birds and guard animals. This does not
include animals or birds possessed for farming or agricultural purposes.
2.7 "Excessive Noise" means any sound that would disturb the peace, rest,
enjoyment, comfort or convenience of a reasonable Person in the
circumstance. Excessive Noise does not include Noise regulated under a
specific prohibition or commonplace household or workplace sounds such as
sound from furniture being moved, children playing, laughter or people
engaging in normal conversation and is based upon the cumulative
considerations of all factors including the nature and frequency of complaints;
its audibility at point of reception; environmental conditions; and any
extenuating or aggravated circumstances including any medical conditions;
2.8 "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;
Amended by By-law 2026-37
2.9 "Lawn Maintenance Equipment" means any equipment, which uses a
combustion or electric motor for the purposes of yard maintenance or repair
and includes chain saws, lawn mowers, leaf blowers, grass trimmers, or any
other similar equipment, but does not include equipment used to remove
snow or ice
2.10 "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 vehicles running only
upon 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;
2.11 "Municipality" means the land within the geographic limit of the Township of
Severn;
2.12 "Nuisance Party" means a gathering on any Property, which, by reason of
the conduct of the persons in attendance, results in any one or more of the
following activities occurring:
a) public disorderly conduct
b) public intoxication or public drunkenness
c) the deposit of refuse on public or private property;
d) damage to or destruction of public or private property;
e) unreasonable noise including loud music shouting that is of such a volume
or nature as likely to disturb the inhabitants of the Township;
f) outdoor public urination or defecation or other bodily emissions
2.13 "Officer" shall mean a by-law enforcement officer, police officer, or other
person appointed by Council for means of enforcing this by-law;
2.14 "Owner" or "Property Owner" means the registered Owner of a property,
Owner in trust, or a mortgagee in possession, a Person who is managing or
receiving the rent of the property, a Person who has control over the property,
or an occupant over the age of 18.
2.15 "Permit" means the same as permitting and is the failure to take action so
as to prevent the emission of sound likely to disturb.
2.16 "Permitted Hours" means from Monday to Thursday between the hours of
2100 (9:00 p.m.) one day and 0700 the next day, and from Friday to Sunday
including Statutory Holidays between the hours of 2300 (11:00 p.m.) one day
and 0900 the next day.
2.17 "Point of Emission" means any place, point, person, object, or otherwise,
from which a sound is emitted;
2.18 "Point of Reception" means any place on a property where sound is heard,
where the source of the sound does not originate from the property.
3.
General Prohibitions
3.1
No person or Property Owner shall generate or permit any excessive noise
within 150 metres of a hospice, long-term care facility or retirement home.
3.2
No person or Property Owner shall emit,cause or permit the emission of
excessive noise outside of permitted hours.
3.3
No person or Property Owner shall permit the persistent noise made by any
domestic pet other than a canine, or any animals kept for domestic purposes,
that will disturb the peace, quiet, comfort, or repose of any inhabitant.
4.
Construction
4.1 No person or Property Owner shall, from Monday to Friday between the
hours of 2100 (9:00 p.m.) one day and 0700 the next day, and from Saturday
to Sunday including Statutory Holidays between the hours of 2100 (9:00
p.m.) one day and 0900 the next day, permit, operate or cause to be
operated any construction vehicle or construction equipment in connection
Amended by By-law 2026-37
with the construction, demolition or restoration of any building, structure,
highway, motor vehicle, steam boiler, or other engine or machine.
5.
Stereos, Boom Boxes, Radios, and Electronic Sound-Emitting Devices
5.1 No person or Property Owner shall operate, permit, use, or cause to be
operated any sound reproduction device or stereo system:
a)
Outside of permitted hours.
b)
At any time so as to be considered excessive noise.
6.
Hooting, Hollering, Yelling, or Causing Any Such Associated Noise
6.1
No person or Property Owner shall hoot, yell, holler, sing, create or permit
any other similar noise in a manner which creates excessive noise and
which disturbs a person:
a)
Outside of permitted hours.
b)
At any time so as to be considered excessive noise.
7.
Operation of a Motor Vehicle
7.1 No person or Property Owner shall operate or permit the operation of a
stereo or other 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.
7.2 No person or Property Owner shall operate or permit the operation of a motor
vehicle in such a way that the tires squeal.
7.3 No person or Property Owner shall operate or permit the operation of a motor
vehicle horns or other warning devices, except where required or authorized
by law or in accordance with good safety vehicles.
7.4 No person or Property Owner shall operate or permit the operation of an
engine or motor in, or on, any motor vehicle or item of attached auxiliary
equipment for a continuous period exceeding five (5) minutes, while such
vehicle is stationary on a residential-zoned property unless:
a)
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
b)
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 and refuse compactors; or
c)
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 perseveration of perishable
cargo, and the vehicle is stationary for purposes of delivery or loading;
or,
d)
Prevailing low temperatures make longer idling periods necessary
immediately after stating the motor or engine; or,
e)
When 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 lights, when such work is
preformed other than for profit.
8.
Operation of Lawn Maintenance Equipment
8.1 No person or Property Owner shall cause or permit noise from the use of any
lawn maintenance equipment between the hours of 2100 one day until 0700
the following day.
9.
Power Equipment
Amended by By-law 2026-37
9.1 No person or Property Owner shall operate, permit or cause to be operated
any power equipment such as chainsaws, leaf blowers, power tools or other
similar devices between the hours of 2100 one day and 0700 the following
day.
10. Nuisance Party
10.1 No Person shall, conduct, continue, host, create, allow, or cause a Nuisance
Party.
10.2 No Person shall attend a Nuisance Party.
10.3 No Person who individually or jointly with others, is an Owner, occupant,
tenant or otherwise has rightful possession of or in possessory control of any
Premises, shall allow, cause or permit a Nuisance Party on said Premises.
10.4 No Property Owner shall permit a Nuisance Party.
10.5 Every Person who, conducts, continues or hosts, creates, allows, causes or
permits a Nuisance Party shall take all reasonable and lawful actions to end
a Nuisance Party.
11. Administration and Enforcement
11.1 Entry and Inspection
a) An Officer may, when an offence has been believed to have been
committed, enter upon land for the purpose of carrying out an inspection to
determine compliance with this by-law.
b) The Township may enter on land at any reasonable time for the purpose of
carrying out an Inspection to determine whether or not the following are
being complied with:
(i) this bylaw; or,
(ii) an order made under s. 431 of the Municipal Act, 2001.
c) For the purposes of conducting an inspection pursuant to s.11(b) of this
bylaw, the Township may, in accordance with the provisions of s. 4:36 of
the Municipal Act, 2001:
(i) require the production for inspection of documents or things relevant to
the inspection;
(ii) inspect and remove documents. or things relevant to the inspection for
the purpose of making copies or extracts;
(iii) require information from any person concerning a matter related to the
inspection; and,
(iv) alone or in conjunction with a person possessing special or
expert knowledge, make examinations or take tests, samples or
photographs necessary for the purposes of the inspection.
11.2 Obstruction
No person shall hinder or obstruct, or attempt to hinder or obstruct, any
officer exercising power or performing a duty under this bylaw.
12. Order to Discontinue Activity
12.1 Where the Municipal Law Enforcement or a Police Officer has reasonable
grounds to believe that a contravention of this by-law has occurred, the
Municipal Law Enforcement or a Police Officer may make an order requiring
the person who contravened this by-law, or who caused or permitted the
contravention, or the owner or occupier of the land on which the
contravention occurred, to discontinue the contravening activity.
12.2 An order under s. 12.1 of this bylaw shall set out:
a) reasonable particulars of the contravention adequate to identify the
contravention and the location of the land on which the contravention
occurred; and,
Amended by By-law 2026-37
b) the date by which there must be compliance with the order.
12.3 Any person who contravenes an order under Section 12.1 of this by-law is
guilty of an offence.
12.4 An order under Section 12.1 of this by-law may be given orally or may be
served personally on the person to whom it is directed.
13. Order to Leave
13.1 Municipal Law Enforcement Officer, or Police Officer may order all persons
not residing at the Property to leave said Property where a Nuisance Party is
occurring.
13.2 An order under Section 13.1 may be issued verbally or in writing to any
Person believed to be sponsoring, conducting, continuing, hosting, creating,
allowing, causing, permitting or attending a Nuisance Party.
13.3 No person shall fail to leave the Premises after having been ordered to do so
under section 13.1.
14. Public Safety Exemption
14.1 Notwithstanding any other provisions 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 inhabitants; or
b)
For the preservation or restoration of property.
15. Grant of Exemption by Clerk or CAO
15.1 Application
Notwithstanding anything contained in this by-law, any person shall make an
application per section 12.2 to the Clerk 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 that person might be prosecuted. If the Clerk refuses the
request for an exemption, the applicant may then apply to the CAO for such
exemption. Any exemption granted shall specify the time period during which
it is effective and may contain such terms as the CAO or Clerk sees fit.
15.2 Details of Application for Exemption
The application for exemption referred to in subsection (12.1.) shall be made
in writing and, without limitation, shall include:
a)
The name and address of the applicant;
b)
A description of the source of sound or vibration in respect of which the
exemption is sought;
c)
A statement of the particular provision or provisions of the bylaw from
which exemption is sought;
d)
The period of time, of a duration not in excess of six months, for which
the exemption is sought;
e)
The reasons why the exemption should be granted;
f)
A plan showing the location of the event or premises; the location of
amplification equipment and speakers; and methods employed to
prevent sound from unnecessarily escaping from the event or premises;
and
g)
If applicable, any additional information as deemed necessary by the
Clerk or CAO to consider the application made under this section.
16. General Exemptions
16.1 Notwithstanding any other provision, this by-law does not apply to a person
who emits or causes or permits the emission of sound or vibration in
connection with any traditional, festive, religious, or other activities such as
parades, band concerts, sports events, etc.
Amended by By-law 2026-37
16.2 Notwithstanding any other provision, this by-law does not apply to the
clearing and/or removal of snow, winter sand removal, road maintenance, as
well as general emergency response.
16.3 Notwithstanding any other provision, this by-law does not apply to farming
activities recognized as a Normal Farm Practice and carried on as part of an
agricultural operation.
16.4 Notwithstanding any other provision, this by-law does not apply to any works
being completed by or for the Corporation of the Township of Severn,
Province of Ontario and/or the Federal Government of Canada.
17. Severability
17.1 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.
18. Penalty
18.1 Every person who contravenes any provision of this By-law, and every
director or officer of a corporation who knowingly concurs in the
contravention of this By-law by the corporation, is guilty of an offence and
upon conviction is liable to a fine as provided for by the Municipal Act, 2001,
S.O. 2001 c. 25, as amended.
18.2 Any person convicted under this by-law is liable:
a)
upon a first conviction, to a fine of not less than $500.00 and a
maximum fine of $25,000; or,
b)
upon a second conviction or subsequent conviction for the same
offence, to a fine of not less than $800.00 and not more than a
maximum fine of $50,000.
c)
Upon conviction for a continuing offence, to a fine of not less than
$1,000.00 and not more than $10,000 for each day or part of a day that
the offence continues. The total daily fines may exceed $100,000.
18.3 Notwithstanding section 18.2, where the person convicted is a corporation,
the corporation is liable:
a)
upon a first conviction a maximum fine of not more than $50,000; or,
b)
upon any subsequent conviction a maximum fine of not more than
$100,000.
18.4 In addition to the regular fine for an offence set out in sections 18.2 and 18.3
of this by-law, a special fine may be imposed to eliminate or reduce any
economic advantage or gain from contravening the by-law.
18.5 Upon conviction for any offence under this by-law, in addition to any other
remedy and to any penalty imposed by this by-law, the court in which the
conviction has been entered and any court of competent jurisdiction
thereafter may make an order prohibiting the continuation or repetition of the
offence by the person convicted.
18.6 Every person who contravenes any provision of this by-law is guilty of an
offence and upon conviction is liable to a fine as provided for by the
Provincial Offences Act, R.S.O. 1990, Chapter P.33, as amended
Amended by By-law 2026-37
19. Effective Date
19.1 That this By-law shall come into force and effect upon passage.
Passed this 3rd day of June, 2026.
CORPORATION OF THE TOWNSHIP OF SEVERN
_________________________________________
MAYOR
_________________________________________
CLERK
Written approval of this by-law was given by Mayoral Decision MD-2026-09 dated June 3,
2026.