South River, Ontario
· No. 28-2022
· adopted 2022-06-27
· summary & facts
This is the exact embedded text of the captured official document.
Snapshot b5062d8179c3 · verified 2026-10-18 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
Page 1 of 6
THE CORPORATION OF THE VILLAGE OF SOUTH RIVER
By-Law No. 28-2022
Being a By-law to Control Noise
WHEREAS it is expedient to exercise the power conferred upon the Council by the Environmental
Protection Act, R.S.O. 1990, chap. E.19, as amended, and other statutory authority; and
WHEREAS Section 129(a) of the Municipal Act 2001, S.O. c. 25 as amended authorizes the municipality
to prohibit, regulate and otherwise control noise;
WHEREAS the people have a right to and should be ensured an environment from unusual, unnecessary
or excessive noise which may degrade the quality and tranquility of their life or cause nuisance;
AND WHEREAS it is the policy of the Council to reduce and control such noise or vibration;
NOW THEREFORE THE COUNCIL OF THE VILLAGE OF SOUTH RIVER ENACTS AS FOLLOWS:
1.0
DEFINITIONS
In this by-law:
1.1
"appliance" means a household device whether fixed or portable;
1.2
"applicant" means a person or persons seeking an exemption of either a
temporary or permanent nature from the provisions and requirements of this Bylaw;
1.3
"audible pedestrian signals" means a device that communicates information about pedestrian
timing in non-visual formats such as audible tones, verbal messages and/or vibrating surfaces;
1.4
"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;
1.5
"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, compactors and rollers, pumps, concrete mixers,
graders, or other material handling equipment;
1.6
"construction site" means the area or portion of land used for or under
construction or any other area used for any purpose related to the construction or
for any related purpose;
1.7
"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;
1.8
"Council" means the Council of the Corporation of the Village of South River;
1.9
"domestic animal" means an animal (other than a human), which is kept by a person for any
means. This shall include, but not be limited to, dogs, cats, rabbits, chickens, or roosters.
1.10
"emergency vehicles and equipment" means any emergency services vehicle including fire
trucks, ambulances, police vehicles, utility emergency vehicles, loud speakers or emergency siren, and
any other method of acquiring the public's attention during an emergency situation or a mock disaster
practice scenario owned by or operating on behalf of the Village of South River, the Province or Ontario,
the Government of Canada or such agencies including but not limited to Canadian National Railway,
Union Gas and Hydro One;
Page 2 of 6
1.11
"excessive noise" means noise under human control and of such a nature as to interfere with
the peace, comfort and convenience of any person. The person making the complaint must not be in or
at the same place where the noise is being emitted.
1.12
"generator" means a device which consumes fuel to produce electrical power.
1.13
"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;
1.14
"motorized conveyance" means a conveyance propelled or driven otherwise than by muscular,
gravitational or wind power;
1.15
"Municipal Law Enforcement Officer" means a person appointed by the Village of South River
for the enforcement of this and other bylaws.
1.16
"noise" means unwanted sound and vibrations;
1.17
"owner" means the registered owner of the land from which noise originates, and also 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;
1.18
"person" means any individual, corporation, partnership, company, association or party and the
heirs, executors, administrators of other legal representative of such person to whom the context can
apply according to law; shall include any group of persons 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 neuter gender wherever the context so requires.
1.19
"point of reception" means any place on a property where sound or vibration is heard, the
source of which does not originate from the same property or dwelling unit.
1.20
"public park" means any open space or recreational area, owned or controlled by the Village of
South River or any board, commission or other authority established under any statute of the Province
of Ontario and may include one or more athletic fields, field houses, community centers, bleachers,
swimming pools, bandstands, skating rinks, tennis courts, bowling greens, boat liveries, bathing stations,
curling rinks, refreshment rooms, fair grounds, arenas or similar uses;
1.21
"service vehicle" means a vehicle operated by or on behalf of the Village of South River or
private contractor.
2.0
PROHIBITIONS
2.1
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 an act.
2.2
No person or owner shall emit, cause or permit the emission of excessive noise, which, disrupts
the normal living or working environment of a person at a point of reception, resulting from an act listed
in Schedule "A" - Prohibitions, regardless of the prohibited time as listed.
2.3
No person or owner shall emit, cause, or permit the emission of any form of noise which, at the
discretion of an officer, is deemed to create a nuisance to the community.
3.0
GENERAL EXEMPTIONS
3.1
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 inhabitants 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.
3.2
The operation of service vehicles.
Page 3 of 6
3.3
Audible pedestrian signals.
3.4
The normal daily activities of children.
3.5
Section 2.2 of this by-law shall be deemed not to apply to the following:
(a)
Construction or demolition being conducted under a permit by the Village of South
River;
(b)
Industrial or commercial operations carried out in accordance with an approved site
plan.
4.0
GRANT OF EXEMPTION BY COUNCIL
4.1
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.
4.2
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.
4.3
Breach by the applicant of any of the terms or conditions of the exemption shall render the
exemption null and void.
5.0
EXEMPTION OF TRADITIONAL, FESTIVE OR RELIGIOUS ACTIVITIES
5.1
Notwithstanding any other provision of this by-law, this by-law does not apply to a person or
owner who emits or causes or permits the emission of sound or vibration in connection with any of the
traditional, festive, religious and other activities listed below:
(a)
The use of an apparatus or mechanism for the amplification of the human voice or of
music in a public park in connection with any public election meeting, public
celebration or other lawful gathering, provided that written permission of Council to
hold such meeting, celebration or gathering has been first obtained under any
applicable by-law of the Village of South River.
(b)
Any band or parade, provided that written permission of Council to operate such band
or hold such parade has been first obtained under any applicable by-law of the
Corporation of the Village of South River.
(c)
The use of church bells or chimes normally associated with church activities.
(d)
All activities permitted by Council associated with an event authorized by Council.
6.0
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.
7.0
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.
8.0
REPEAL
8.1
Any other by-law pertaining to the control of noise for the Village of South River is hereby
repealed in favour of this by-law.
9.0
ENFORCEMENT
Page 4 of 6
9.1
The enforcement of this bylaw shall be assigned to the Municipal Law Enforcement Officer of
the Village of South River, or any other person appointed to such duties by a bylaw of the Village
9.2
No person shall obstruct, hinder, or otherwise impede the lawful activities of an officer acting
under the provisions of this bylaw.
9.3
Nothing herein shall be deemed to limit the ability of the Ontario Provincial Police to enforce
this by-law at any time.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 27th DAY OF JUNE, 2022.
___________________________________
Jim Coleman, Mayor
___________________________________
Don McArthur, Clerk Administrator
Page 5 of 6
THE CORPORATION OF THE VILLAGE OF SOUTH RIVER
By-law No. 28-2022
SCHEDULE "A"
PROHIBITIONS
Prohibited Activity
Prohibited Period of Time
1. The operation of any electronic devices
intended for the production , reproduction or
amplification of sound.
23:00 one day to 07:00 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.
23:00 one day to 07:00 the next day
3. All selling or advertising by shouting, outcry or
amplified sound.
21:00 one day to 7:00 the next day
4. The operation of any construction equipment or
in connection with construction.
21:00 one day to 7:00 the next day (12:00 on
Sundays)
5. The operation of a toy, model or replica of a
larger device, that has no function other than
amusement.
23:00 one day to 07:00 the next day
6. The operation of any motorized conveyance
other than on a highway or authorized
snowmobile trail.
23:00 one day to 07:00 the next day
7. Persistent barking, whining or other similar
persistent noise making by a domestic animal.
19:00 one day to 7:00 the next day
8. The operation of any powered or non-powered
tool, equipment or appliance for domestic
purposes other than snow removal.
23:00 one day to 07:00 the next day
9. The operation of solid waste bulk lift or refuse
compacting equipment.
19:00 one day to 7:00 the next day
10. Yelling, shouting, hooting or hollering.
23:00 one day to 07:00 the next day
11. Loud playing of musical instruments.
23:00 one day to 07:00 the next day
12. The detonation of fireworks or explosive
devices not used in construction.
23:00 one day to 07:00 the next day
13. The operation of a motorized conveyance in
such a way as to rev the engine beyond what is
required for normal operation and maintenance.
19:00 one day to 7:00 the next day
14. The operation of a motorized conveyance in
such a way as to cause the tires to squeal beyond
what is required for normal operation.
19:00 one day to 7:00 the next day
15. The use of a mechanical braking device on a
motorized conveyance in such a way as to disturb
the public peace without reasonable justification.
19:00 one day to 7:00 the next day
16. 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.
2:00 one day to 10:00 the next day
Page 6 of 6
THE CORPORATION OF THE VILLAGE OF SOUTH RIVER
By-law No. 28-2022
SCHEDULE "B"
PART I PROVINCIAL OFFENCES ACT
Item
Short Form Wording
Provision Creating or
Defining Offence
Set Fine
1.
Make or permit noise from
prohibited activity during
prohibited time
s. 2.1
$150.00
2.
Make or permit excessive noise
from prohibited activity
s. 2.2
$250.00
3
Make or permit nuisance noise
s. 2.3
$150.00
4
Obstruct officer
s. 9.2
$250.00
NOTE: The general penalty section for the offences indicated above is Section 7.0 of By-law No. 28-2022,
a certified copy of which has been filed.