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THE CORPORATION OF THE TOWNSHIP OF SOUTHGATE
BY-LAW NO. 2021-132
being a By-law to provide for the Regulation and Prohibition
of Unusual Noises or Noises likely to Disturb the Public and/or the
Prevention of Public Nuisances within the Township of
Southgate
Whereas, Section 129 of the Municipal Act, S.O. 2001, c.25 as amended,
Authorizes councils of local municipalities to pass by-laws to prohibit and regulate
with respect to noise; and
Whereas, it is in the public interest to reduce the noise level in the Township of
Southgate, so as to preserve, protect and promote public health, safety, welfare and
peace and quiet of the inhabitants of the Township,
Now therefore be it resolved that the Council of the Corporation of the Township
of Southgate enacts as follows:
Definitions
1.
In this by-law;
a) "Agricultural
Operation"
means
an
agricultural,
aquacultural,
horticultural or silvicultural operation that is operated as business;
b) "Agricultural Processing" includes sawing, cleaning, treating, grading,
storing, drying, packaging, etc. to the extent that these activities relate to
agricultural commodities and products primarily from and are conducted
as a part of agricultural operation;
c) "By-law Enforcement Officer" means a person appointed by the Council
of the Township of Southgate as a Municipal Law Enforcement Officer to
enforce the provisions of this by-law;
d) "Car Alarm" means any audible device installed in any form of vehicle for
the purposes of deterring theft of, or from, the vehicle;
e) "Community
Emergency"
means
significant
weather
event
or
disturbance situation that has caused damage or change in normal living
conditions in a community in which a government is empowered to react
and perform actions that it would normally not be permitted to do so to
protect and restore a community;
f)
"Construction"
includes
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 therewith;
g) "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 trucks, ditchers, compactors and rollers, pumps, concrete
mixers, graders, or other material handling equipment;
h) "Construction Vehicle" means any licensed truck or tractor and trailer
truck combination permitted to be driven on the highways that is used for
hauling materials for construction purposes;
i)
"Containerized Waste" means waste materials deposited in a front-
end loading container or waste bin for disposal and collection;
j)
"dB(A)" means the sound level in decibels obtained when using a sound
level meter with the A-weighting which
meets
the
International
Electrotechnical Commission Publication 651 or the American National
Standards Institute S1.4-1983 or any successor thereto;
k) "Effective Muffler" means a muffler in good working order and in
constant operation to prevent excessive or unusual noise and excessive
smoke, but it does not include a cut-out muffler, straight exhaust, gutted
muffler, hollywood muffler, by-pass or similar devices;
l)
"Equivalent Sound Level", sometimes denoted as Leq, means the value
of the constant sound level which would result in exposure to the same
total A-weighted energy as would the specified time-varying sound,
if the constant sound level persisted over an equal time interval and is
measured in dB(A);
m) "Highway" means a common and public highway and includes any bridge,
trestle, viaduct or other structure forming part of the highway and, except
as otherwise provided, includes a portion of the highway;
n) "Infill Housing" means a development that occurs on a single lot, or
a
consolidated number of small lots or sites that are vacant or
underdeveloped;
o) "Motor Assisted Bicycle" means a bicycle,
i.
that is fitted with pedals that are operable at all times to propel
the bicycle
ii.
that weighs not more than fifty-five (55) kilograms;
iii.
that has no hand or foot operated clutch or gearbox driven by
the motor and transferring power to the driven wheel;
iv.
that has an attached motor driven by electricity or having a
piston displacement of not more than fifty (50) cubic
centimetres; and
v.
that does not have sufficient power to enable the bicycle to
attain a speed greater than fifty (50) kilometres per hour on
level ground within a distance of two (2) kilometres from a
standing start;
p)
"Motorcycle" means a self-propelled vehicle having a seat or saddle
for the use of the driver and designed to travel on not more than
three (3) wheels in contact with the ground, and includes a motor
scooter and dirt bike, but does not include a motor assisted bicycle;
q)
"Motor Vehicle" includes an automobile, Motorcycle, Motor Assisted
Bicycle unless otherwise indicated in the Highway Traffic Act, and any
other vehicle propelled or driven otherwise than by muscular power,
but does not include a streetcar or other motor vehicles running only
upon rails, or a motorized snow vehicle, ATV, snowmobile, traction
engine, farm tractor, self-propelled implement of husbandry or road-
building machine within the meaning of the Highway Traffic Act;
r)
"Municipal Construction Project" means a significant construction
project undertaken by the Township or on behalf of the Township which
involves or affects municipal highways, municipal property or other
property, or municipal services, and from which noise will be created that
requires an exemption from the provisions of this by-law;
s)
"Municipal Waste Collection" means the collection, transportation
and disposal of refuse as undertaken by the Township of Southgate;
t)
"Person" includes an individual, a corporation, a partnership, an
association, or other legal entity;
u)
"Point of Reception" means any point on the premises of a person
where sound or vibration originating from other than those premises
are received;
v)
"Recreation Motor Vehicle" means a Motor Vehicle, Motorcycle, Motor
Assisted Bicycle and Vehicle as defined in his by-law and not limited to
those defined or prohibited in the Highway Traffic Act;
w) "Refuse Compacting Equipment" means a vehicle fitted in order to
compact and transport refuse;
x)
"Solid Waste Bulk Lift Equipment" means a vehicle designed to load,
unload and transport containers for handling refuse;
y)
"Sound Amplifying System" means any system of loudspeakers,
amplifiers, microphones or reproducers or any combination of such
equipment,
including
electronic
devices
or
electro-mechanical
transducers, used in the reproduction or amplification of music, speech
or other sounds;
z)
"Sound Engineer" means a person with appropriate test equipment
and training in the measurement of sound levels in dB(A) known as
decibels obtained when using a sound level meter with the A-weighting;
aa) "Sound Reproduction Device" means a device intended primarily
for the production or reproduction of sound, including, but not
limited to, any musical instrument, radio receiver, television receiver,
tape
recorder,
c e l l u l a r
d e v i c e ,
phonograph or sound
amplifying system;
bb) "Special Event" includes a demonstration, parade, sports event,
festival, carnival, donation station, street dance, residential block
party, sidewalk sale, outdoor mass and other like events;
cc) "Vehicle" includes a motor vehicle, trailer, traction engine, farm
tractor, road-building machine, motorcycle, bicycle and any vehicle
drawn, propelled or driven by any kind of power, including muscular
power, but does not include a motorized snow vehicle, ATV or the cars
of electric or steam railways running only upon rails.
2.0 Offences
2.1
No Owner shall cause or permit the creation, presence or existence of
any noise or unusual sound that disturbs or are likely to disturb any
inhabitant of the Township of Southgate as outlined in Schedule "A"
attached.
2.2
Section 2.1 does not apply to the exceptions or circumstances as
outlined in Schedule "B" attached.
3.0 Grant of Exemption by Council
3.1
Application to Council
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 and Council, may refuse to grant any exemption or may
grant the exemption applied for or any exemption lesser effect any
exemption granted shall specify the time period, not in excess of one
month, during which it is effective and may contain such terms and
conditions as Council sees fit.
3.2
Decision
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 deems appropriate
3.3
Breach
A breach by the applicant of any of the terms or conditions of any
exemption grants by Council shall render the exemption null and void.
4.0 Right of Entry
4.1
An officer may at any reasonable time, enter onto the land to
determine whether this By-law is being complied with.
4.2
Every owner shall permit the Officer to inspect any land for the
purposes of determining compliance with this By-law.
4.3
Notwithstanding any provision of this By-law, an Officer shall not enter
or remain in any room or place actually being used as a
legal/conforming dwelling unless,
a)
the consent of the occupier is obtained, the occupier first having
been informed that the right of entry may be refused, and if
refused, may be made under the authority of a warrant issued
under the Provincial Offences Act, R.S.O 1990, as amended.
b)
a warrant issued under the Provincial Offences Act, R.S.O 1990,
as amended is obtained.
5.0 Obstruction
5.1
No person shall hinder or obstruct, or attempt to hinder or obstruct,
any officer exercising a power or performing a duty under this By-law.
5.2
Any person who has been alleged to have contravened any of the
provisions of the By-law, shall identify themselves to the Officer upon
request, failure to do so shall be deemed to have obstructed or
hindered the Officer in the execution of his or her duties.
6.0 Penalty
6.1
Every person who contravenes any of the provisions of this by-law and
every director or officer of the corporation, who knowingly concurs in
the contravention by the corporation, is guilty of an offence under the
provisions of the Municipal Act, 2001, S.O 2001, c.25 as amended.
6.2
Every person who contravenes the provisions of the by-law and every
director or officer of a corporation, who knowingly concurs in the
contraventions by the corporation, is guilty of an offence and liable on
conviction to a penalty where the minimum fine shall not be less than
$500 and a maximum fine shall not exceed $100,000 exclusive of the
costs under the provisions of the Municipal Act, 2001, S.O 2001, c. 25,
as amended.
6.3
For the purpose of continuous offences, 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 a by-law of
the corporation is guilty of an offence and liable on conviction to a
penalty not exceeding $10,000, exclusive of costs under the provisions
of the Municipal Act, 2001, S.O. 2001, c. 25, as amended.
6.4
Despite section 6.3 and the provisions of the Municipal Act, 2001, S.O.
2001, c. 25 as amended, the total of all daily fines for the offence is
not limited to $100,000.
6.5
For the purpose of multiple offences, 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 a by-law of
the corporation is guilty of an offence and liable on conviction to a
penalty not exceeding $10,000, exclusive of costs under the provisions
of the Municipal Act, 2001, S.O. 2001, c. 25, as amended.
6.6
Despite section 6.5 and the provisions of the Municipal Act, 2001, S.O.
2001, c. 25, as amended, the total of all daily fines for the offence is
not limited to $100,000.
6.7
Every person who fails to comply with a notice made under this By-law
is guilty of an offence.
6.8
It shall be an offence for the person to hinder or obstruct, or attempt
to hinder or obstruct, an Officer who is exercising a power or
performing a duty under the Municipal Act, 2001, as amended, or
under a by-law passed under the Municipal Act, 2001, as amended.
6.9
Any person who has been alleged to have contravened the provisions
of a by-law passed under the Municipal Act, 2001, as amended shall
identify themselves to the Officer upon request. Failure to do so shall
be deemed to have obstructed or hindered the Officer in the execution
of the Officer's duties.
6.10 Every person who contravenes any section of this by-law under a Part
1 ticket, upon conviction shall be liable to a fine as provided for the
Provincial Offences Act, R.S.O 1990, Chapter P.33, as amended.
6.11 Upon conviction any penalty imposed under this By-law may be
collected under the authority of the Provincial Offences Act, R.S.O
1990, Chapter P.33, as amended.
7.0 Validity and Severability
7.1
Should any section, subsection, clause, paragraph or provision of this
By-law be declared by County of competent jurisdiction to be invalid,
the shame shall not affect the validity of this By-law as a whole or any
part thereof, other than the part so declared to be invalid.
8.0 Repealed
8.1
By-law 2019-072 is hereby repealed.
9.0 Effective Date
9.1
This By-law shall come into force and take effect immediately upon the
final passing thereof.
Read a first, second and third time, finally passed this 1st day of
September, 2021.
______________________
John Woodbury - Mayor
_____________________
Lindsey Green - Clerk
Original Signed By
Original Signed By
By-law 2021-132
Schedule A: Noise Regulation
Without limiting the generality of Section 2.1, the following are deemed to be
noises that will disturb or are likely to disturb an inhabitant of the Township of
Southgate and are prohibited:
a.
The noise or sound made or created by any radio, phonograph,
public address system, sound equipment, loud speaker, musical
instrument or other sound-producing equipment between the hours of 11:00
p.m one day and 7:00 a.m. the next, 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.
b.
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.
c.
Racing of any motorized conveyance other than in a racing event
regulated by law.
d.
The operation of a motor vehicle in such a way that the tires
squeal.
e.
The operation of a motor vehicle horn or other warning device
except where required or authorized by law or in accordance with
good safety practices.
f.
The operation of a vehicle or a vehicle with a trailer resulting in
banging, clanking, squealing or other like sounds due to inadequate
maintenance and/or improperly secured load or equipment.
g.
The operation of any combustion engine or pneumatic device
without an effective exhaust or intake muffling device in good
working order and in constant operation.
h.
The idling of an engine or motor in, or on, any motor vehicle or
item of attached auxiliary equipment for a continuous period
exceeding five minutes not conforming to the following:
i.
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
ii.
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
iii.
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, and the vehicle is stationary for
purposes of delivery or loading; or,
iv.
prevailing low temperatures make longer idling periods
necessary immediately after starting the motor or engine; or,
v.
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 then for profit.
i.
Persistent barking, calling, or whining or other similar persistent
noise made by any domestic pet, or any other animal kept or used
for any purpose other than acceptable agriculture practices.
j.
The noise caused by the erection, demolition, alteration or repair of
a building or by construction or earth-moving equipment working
upon a site within 500 feet of an occupied dwelling house on any
day between the hours of 11:00 p.m. and 7:00 a.m. the next day,
excepting Sundays, when no such noise shall be created before the
hour of 10:00 a.m. and no such noise shall be made after 6:00
p.m.
k.
Fireworks outside of the permitted dates and times being Canada Day and
Victoria Day in accordance with the Township of Southgate Fireworks By-law
currently in effect.
l.
The noise made by air conditioning equipment which is likely to
disturb the peace, comfort, or repose of any person in a dwelling
unit.
m.
The noise made by yelling, shouting, hooting or other boisterous activity
after 11:00 p.m. and before 7:00 a.m.
n.
Any unwanted or meaningless sound that in the opinion of the Officer is likely
to disturb the inhabitants of the Township of Southgate.
By-law 2021-132
Schedule B: Noise Regulation
The following are exceptions to Section 2.1 of the by-law:
a.
The ringing of bells in connection with any church, chapel, meeting hour or
religious service.
b.
The noises caused by emergency vehicles.
c.
All municipal equipment and equipment operated by agents of the
municipality, including those used for snow clearing operations.
d.
All equipment operated by commercial contractors or residential operators
for the purposes of snow clearing operations during Winter months.
e.
All agricultural equipment engaged in acceptable farming practices.
f.
All animals on acceptable Agricultural Operations or rural farm land, including
working animals for the purposes of protection and herding, but excluding
pets.
g.
The use of any apparatus for the amplification of voice or music in an open
space or public park in connection with a public celebration or any other
reasonable legal gathering authorized by permission from the Township.
h.
The use of Sound Reproduction Devises in a reasonable manner for parades
or special events carried on under the authority of a permit pursuant or in
accordance with the law.
i.
The discharge of Fireworks not in contravention of the Township of Southgate
Fireworks By-law currently in effect.
j.
Any military band or other band or any parade for which the person
responsible for or in charge of has obtained a noise exemption permission
from the Township.
k.
The use of Sound Reproduction Devices in a reasonable manner for any
social, recreational, community or athletic activity approved on a highway
pursuant to the provisions of the Township's parking by-law, as amended, or
any successor thereto; or
l.
The noise caused by farm equipment performing any acceptable farming
operation.
m.
The noise caused by emergency repair or demolition to any structure as
directed by the Township of Southgate Chief Building Official or an Engineer
in consultation with the Township of Southgate Chief Building Official.
Corporation of the Township of Southgate
By-law 2021-132 - Noise By-law
Part 1 Provincial Offences Act
Short Form Wording
Item
Column 1
Short Form Wording
Column 2
Provision
Creating or
Defining
Offence
Column 3
Set Fine
1
Emit/Cause to emit noise likely to
disturb from radio, phonograph, pa
system, sound equipment, loudspeaker,
musical instrument, or other sound-
producing equipment.
Section 2.1
Schedule A (a)
$150
2
Emit/Cause to emit noise likely to
disturb from a stereo or other electronic
device designed to amplify sound
associated with a motor vehicle.
Section 2.1
Schedule A (b)
$150
3
Emit/Cause to emit noise likely to
disturb from racing motorized vehicles.
Section 2.1
Schedule A (c)
$150
4
Emit/Cause to emit noise likely to
disturb from the squealing of tires
associated with a motor vehicle.
Section 2.1
Schedule A (d)
$150
5
Emit/Cause to emit noise likely to
disturb from a motor vehicle horn or
other warning device.
Section 2.1
Schedule A (e)
$150
6
Emit/Cause to emit unnecessary noise
likely to disturb from a motor vehicle or
vehicle with a trailer.
Section 2.1
Schedule A (f)
$150
7
Emit/Cause to emit noise likely to
disturb due to the operation of a
combustion engine or pneumatic
device.
Section 2.1
Schedule A (g)
$150
8
Emit/Cause to emit noise likely to
disturb from prolonged idling of an
engine.
Section 2.1
Schedule A (h)
$150
9
Emit/Cause to emit noise likely to
disturb from persistent barking, calling,
or whining made by any domestic pet.
Section 2.1
Schedule A (i)
$150
10
Emit/Cause to emit noise likely to
disturb from the erection, demolition,
alteration or repair of a building or by
equipment.
Section 2.1
Schedule A (j)
$150
11
Emit/Cause to emit noise in relation
with Fireworks outside of permitted
dates in accordance with the Firework
By-law.
Section 2.1
Schedule A (k)
$150
12
Emit/Cause to emit noise likely to
disturb from the use of air conditioning
equipment.
Section 2.1
Schedule A (l)
$150
13
Emit/Cause to emit noise likely to
disturb by yelling, shouting, hooting or
other boisterous activity.
Section 2.1
Schedule A (m)
$150
14
Emit/Cause to emit noise likely to
disturb the inhabitants of the Township
of Southgate.
Section 2.1
Schedule A (n)
$150
15
Hinder or obstruct, or attempt to hinder
or obstruct, any Officer.
Section 5.1
$300
Note: The penalty provision(s) for the offences indicated above is Section
6.1 of By-law 2021-132, a certified copy of which has been filed and s.61 of
the Provincial Offences Act, R.S.O. 1990, c. P.3