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THE CORPORATION OF THE TOWNSHIP OF SOUTH ALGONQUIN
By-Law Number 2025-823 Noise By-Law
Being a by-law to regulate noise and nuisance activities within the Township of South Algonquin
WHEREAS section 9 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, provides that a
municipality has the capacity, rights, powers, and privileges of a natural person for the purpose of
exercising its authority under this or any other Act;
AND WHEREAS section 129 of the Municipal Act, 2001 provides that, without limiting sections
9 and 10 of the Act, a municipality may: (a) prohibit and regulate with respect to noise, vibration,
odour, dust and outdoor illumination, including indoor lighting that can be seen outdoors; and (b)
prohibit the matters described in clause (a) unless a permit is obtained from the municipality for
those matters and may impose conditions for obtaining, continuing to hold and renewing the
permit, including requiring the submission of plans;
AND WHEREAS section 128 of the Municipal Act, 2001 provides that a municipality may
prohibit and regulate with respect to public nuisances, including matters that, in the opinion of
Council are or could become public nuisances;
AND WHEREAS section 444 of the Municipal Act, 2001 provides that the municipality may
make an order requiring the person who contravened the 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, and any person who contravenes such an order is guilty of
an offence;
WHEREAS it is in the public interest to ensure and maintain moderate noise levels within the
Township of South Algonquin consistent with its character, so as to preserve, protect and
promote the public health, safety, welfare and peace and quiet of the residents of the said
Township and to regulate and control public nuisances:
NOW THEREFORE, the Council of the Corporation of the Township of South Algonquin
hereby enacts as follows:
1.0
Definitions In this by-law,
a)
"Agricultural Operation" means an agricultural, aqua cultural, horticultural or silvi
culture operation that is carried on in the expectation of gain or monetary reward.
b)
"Construction" includes, but is not limited to, erection, alteration, repair,
dismantling, demolition, structural maintenance, land clearing, earth moving, grading,
excavating, the laying of pipe and conduit, whether above or below ground level, street
and highway building, application of concrete, 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 with construction.
c)
"Construction Equipment" means any equipment or device designed and intended
for use in construction or material handling, including, but not limited to, hand tools, power
tools, air compressors, pile drivers, pneumatic or hydraulic tools, bulldozers, tractors,
excavators, trenchers, cranes, derricks, loaders, scrapers, pavers, generators, off-highway
haulers or tracks, ditchers, compactors and rollers, pumps, concrete mixers, graders, or
other material handling equipment;
d)
"Emergency" means an urgent matter relating to the immediate health, safety, or
welfare of the residents of the Township or the operator of the Vehicle.
e)
"Engine Brake" Jake Brake or Jacobs Brake may be used interchangeably and
mean any device commonly used in motor vehicle powered by a diesel engine unit to
slow or brake the vehicle by using the engine compression.
f)
"Motor Vehicle" means any vehicle propelled or driven other than by muscular
power and as defined within the meaning of the Highway Traffic Act,
R.S.O. 1990, c. H.8, as amended;
g)
"Municipality" means the Township of South Algonquin;
h)
"Noise" Means sound or a sound that is loud, unpleasant, unexpected, or
undesired.
i)
"Point of Reception" means any point on the premises of a person where noise
originating from other than those premises is received.
j)
"Power Device" Means any power device used in the servicing, maintenance or
repair of any premises including but not limited to, chain saws, power tools,
lawnmowers, leaf blowers, edge trimmers, line trimmers, roto tillers, and pressure
washers specifically excluding devices driven by muscular power.
k)
"Public Nuisance" Means an activity or activities, intentional or negligent in
origin, which have a detrimental impact on the use and enjoyment of properties in the
vicinity of the premises such as but not limited to: fighting, obstructing a sidewalk,
distributing handbills, annoying others, interfering with others' lawful activities,
disobeying signs, knocking over waste containers, damaging municipal property,
applying graffiti, littering, dumping snow on municipal property, dumping waste on
municipal property or unnecessary shining of vehicle, spotlight or fixed lights towards
houses.
l)
"Premises" Means any parcel of land and the improvements on it, a
building, store, shop, apartment, or other designated structure.
m)
"Residential" means any property or premises within the municipality which is
zoned for residential use by an applicable zoning bylaw, or which is used in whole or in
part for human habitation.
n)
Any word or term not defined in this By-law, that is defined in the Ontario
Ministry of the Environment Publication Noise Pollution Control NPC-101, 102, 103,
104, 115, 205, 206, 215 or 232 (as set out in Part 3 of this By-law) shall have the
meaning ascribed to it in such NPC Publication.
2.0 Prohibitions
No person shall emit, cause, or permit the emission of noise resulting from any act listed
in the table set out in schedule "A" of this bylaw if clearly audible at a point of reception
between the hours of 11:00 PM of one day and 7:00 AM of the following day.
3.0 Determination of excessive noise
Factors for determining whether a noise is unreasonably loud or excessive include, but
are not limited to the following:
a) The proximity of the noise to sleeping facilities,
b) The land use, nature, and zoning of the area from which the noise
emanates and the area where it is received or perceived:
c) The time of day or night that the noise occurs:
d) The duration of the noise
e) The volume of the noise
f) The nature of the noise
g) Whether the noise is recurrent, intermittent, or constant; and
h) The nature of the event or activity from which the noise emanates.
4.0 Operation of Engine Brakes
No person shall use or permit the use of any "Engine brake" or any other similar device
on any Motor Vehicle between the hours of 7:00 PM of one day and 7:00 AM of the
following day in any location as detailed in Schedule "C" of this bylaw.
5.0 Public Nuisance
No person shall at any time:
a) Perform, permit or allow any act that is a public Nuisance.
b) Perform, permit or allow any activities on one Property which are obnoxious, or
which substantially reduce the enjoyment of another Property, including, without
limiting the generality of this section, activities such as:
i. the creation of vibration; or objectionable odour.
ii. the emission of smoke, dust, airborne particulate matter or
c) Perform, permit, or allow light to be broadcast directly from that Property onto
another Property from any source.
6.0 Application of strictest standard
Where a source of noise is subject to more than one provision of this by-law, the most
restrictive provision shall prevail.
7.0 Exemptions
(1)
This by-law shall not bind the Township of South Algonquin or any local board of
the Township, the Province of Ontario, the Government of Canada, or any of its
respective agents.
(2)
Despite other provisions of this by-law, this by-law shall not apply to a
person who emits or causes or permits the emission of noise, or vibration in
connection with:
(i) Any activities listed in Schedule "B"; or
(ii) Any situation where it can be clearly shown that reasonable efforts to
address, ameliorate, or otherwise deal with a situation have been taken and
that the shutting off or termination of the source of the noise would cause a
situation affecting the health or safety of an individual.
8.0
Extension of hours for Outdoor Public Events
(1)
The Township may, upon written application, grant permission to extend the hours
during which amplification equipment may be used at an outdoor public event.
(2)
The Township in exercising its authority pursuant to subsection (1), the Township
may grant its permission with or without conditions.
9.0 Offence
Every person who contravenes any provision of this by-law is guilty of an offence and, on
conviction, is liable to payment of a fine or other penalty as provided for under the
Provincial Offences Act, R.S.O 1990, P.33, as amended.
10.0 Enforcement
This Bylaw may be enforced by any Provincial Offences Officer including but not limited
to the Municipal Bylaw Enforcement Officer(s) of the Township of South Algonquin, The
Ontario Provincial Police or Ministry of Transport.
11.0 Offences and Penalties
1. Any person who contravenes any provision of this By-law is guilty of an
offence.
2. A director or officer of a corporation who knowingly concurs in the
contravention of this By-law is guilty of an offence.
3. Any person convicted under this By-law is liable:
(i) Upon a first conviction, to a minimum fine of $250.00 and a
maximum fine of $5,000.00;
(ii) Upon a subsequent conviction, to a minimum fine of $500.00 and a
maximum fine of $10,000.00.
4. Where the person convicted is a corporation, the corporation is liable,
(i) Upon a first conviction, to a minimum fine of $250.00 and a maximum
fine of not more than Ten Thousand Dollars ($10,000.); and
(ii) Upon any subsequent conviction, to a minimum fine of $1000 and a
maximum fine of not more than Twenty-Five Thousand Dollars ($25,000).
5. If this by-law is contravened and a conviction entered, in addition to any other remedy
and to any penalty imposed by the 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 or Corporation
convicted.
12.0 Severability
Each clause of this bylaw is an independent clause and the holding of any clause or part of
any clause to be void or ineffective for any cause shall not be deemed to affect the validity
of any other clause of parts of any clause.
13.0 Effective Date
This by-law shall come into force and take effect immediately upon the passing thereof by
the Council of the Corporation of The Township of South Algonquin
Read the first and second time this 5 t h day of March, 2025
Read a third and final time this 5th day of March, 2025
Mayor Ethel LaValley CAO/Clerk -Treasurer Bryan Martin
Schedule "A"
To By-law 2025-823 Noise By-Law
No person shall emit, cause or permit the emission of noise resulting from any act listed
below between 11:00 PM of one day and to 7:00 AM of the following day.
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 music, speech, or other
noise such clauses to include, without limitation, radios, phonographs, stereos,
televisions, public address systems, noise equipment, loudspeakers, musical or noise
producing instruments and all similar devices.
Persistent yelling, shouting, screaming, hooting, whistling, or singing
The detonation of fireworks or explosive devices
The operation of any power device
Crowd-related noise emanating from a gathering of individuals a property or premises,
including without limitation, parties, music festivals, concerts, weddings, and other
privately hosted events.
The operation of an engine or motor in, or on any motorized Vehicle or item of attached
auxiliary equipment for a continuous period exceeding ten (10) minutes while such
vehicle is stationary, except where weather conditions justify the use of heating or
refrigeration systems powered by the motor or engine of the vehicle or supplementary
motor or engine for the safety and welfare of the operator, passengers or animals or the
preservation of perishable cargo.
The operation of any electrical or combustion engine which is intended for use in any toy
or a model or replica which has no function other than that of amusement and which is
not a Vehicle.
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, or the production,
reproduction, or amplification of any similar noises.
Construction activities or the operation of any construction equipment
The loading or unloading of any transport truck, moving van or motor vehicle.
The operation of a motorized Vehicle, engine, motor, construction equipment or
pneumatic device without an effective exhaust, intake muffling device or other noise
attenuation device of a type specified by the manufacturer, which is in good working
order, and in constant operation.
The operation of a Vehicle resulting in banging, clanking, squealing, or other like noise
due to improperly secured load or equipment or inadequate maintenance.
The operation of a vehicle horn or other warning device except where required or
authorized by law or in accordance with generally accepted safety practices.
The operation of any hydraulic motor or hydraulically powered device
Schedule B
To Bylaw 2025-823 Noise By-Law
Exemptions
a) Operation of authorized emergency vehicles including but not limited to police vehicles,
fire trucks, and ambulances.
b) Operation of Municipal, or Provincial service vehicles and related equipment
performing snow removal or public maintenance.
c) Agricultural operations, agricultural processing activities, forestry operations and the
operation of sawmill.
d) The ringing of fire or burglar alarms.
e) Noise emanating from a fuel powered generator being operated in an emergency or
power outage.
f) Use of Engine brakes or similar device to assist in braking of a vehicle in an emergency.
g) Mining or quarry operations.
Schedule C
To Bylaw 2025-823 Noise By-Law
Engine Brake Prohibited Zones
As per section 4 of this Bylaw no person shall use or permit the use of any "Engine brake" or any
other similar device on any Motor Vehicle between the hours of 7:00 PM of one day and 7:00
AM of the following day in any location as detailed below:
1. All areas located within the Village of Whitney or the Village of Madawaska
Township of South Algonquin
Part I Provincial Offences Act
Bylaw # 2025-823 Noise By-Law
Item
Column 1
Short Form Wording
Column 2
Provision
creating or
defining
offence
Column 3
Set fine
1
Emit, Cause or Permit excessive noise
2.0
$250.00
2
Operation of Engine Brake
4.0
$250.00
3
Perform, permit or allow a nuisance act
5.0
$250.00
NOTE: The penalty provisions for the offences cited above are section 9 of Bylaw 2025-823 Noise
By-Law; a certified copy of which has been filed.