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The Corporation of the Township of Springwater
By-Law 2012-015 as amended by By-law 2023-108
A By-law to provide for the regulation and prohibition of
noises likely to disturb the public and/or the prevention of
public nuisances
Whereas Section 128(1) of the Municipal Act, 2001, S.O. 2001, c. 25, as amended,
herein referred to as "the Act" provides that a local municipality may prohibit and
regulate with respect to public nuisances, including matters that, in the opinion of
Council, are or could become or cause public nuisances; and
Whereas Section 128(2) of the Act provides that the opinion of Council under this
section, if arrived at in good faith, is not subject to review by any court; and
Whereas Section 129 of the Act, provides that a local municipality may prohibit or
regulate noise within the municipality; and
Whereas the Council of the Township of Springwater deems it necessary and desirable
to regulate or prohibit public nuisances or noise likely to disturb the health, safety,
normal use and enjoyment of the inhabitants of the Township from all properties; and
Whereas Council has public considered the matter of noise on numerous occasions
and more recently at a Public Meeting on June 16, 2010 and openly eight additional
occasions during Council meetings on September 10, 2010, January 10, 2011, April 4,
2011, May 9, 2011, October 3, 2011, September 19, 2011, February 6, 2012 and lastly
on February 21, 2012; and
Whereas the Township maintained contact with over 92 registered stakeholders on the
subject of noise, and has received verbal submissions from various stakeholders at
meetings open to the public and countless written submissions posted on Council
agendas and the Township Public Consultation webpage; and
Whereas the Mayor, Deputy Mayor and staff met with key stakeholders individually to
seek specific input, and those stakeholders were the Grenfel Ratepayers Association,
Barrie Gun Club, Barrie District Hunters and Anglers Conservation Club and Snow
Valley Ski Resort; and
Whereas Regulation SOR/98-212 Shooting Clubs and Shooting Ranges, Subsection
3(2)(e) under the Firearms Act, SC 1995, c. 39, provides in part that a person who
wishes to establish and operate a shooting range shall submit copies of, and evidence
of compliance with, any operating licenses required by federal, provincial or municipal
laws; and
Now Therefore the Council of The Corporation of the Township of Springwater enacts
as follows:
1.
Definitions
1.1.
The following definitions shall be used for the purpose of this By-law:
Animal Control Officer: includes a person or persons appointed or engaged by the
Township for the purpose of animal control and includes the corporation's municipal law
enforcement officer(s).
Construction Activity: includes the erection, alteration, repair, dismantling, demolition,
structural maintenance, painting, 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.
Construction Equipment: includes 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, excavators, cranes, derricks,
loaders, scrapers, pavers, generators, off-highway haulers or trucks, ditchers,
compactors and rollers, pumps, concrete mixers, graders, or other material handling
equipment.
Council: means the council for The Corporation of the Township of Springwater.
dBAI: means the A-weighted sound pressure level of an impulsive sound measured
with a sound level metre set to "impulse" response.
Expansion, Alteration of Conversion: means any development which would change
the location, intensity, size or function of the existing use.
Holiday: means any day within the definition of 'holiday' in the Retail Business Holidays
Act, R.S.O. 1990, c. R.30, as amended and any successors thereto and includes the
Civic Holiday in August.
Inhabitants: means one or more persons who reside in, own or occupy property in the
Township.
Licenced Gun Club: means a Club licensed and regulated by the Province of Ontario
and or municipality, and includes shooting clubs and shooting ranges.
Motor Vehicle: includes and automobile, a motorcycle, a motor-assisted bicycle, and
any other vehicle propelled or driven otherwise than by muscular power; but does not
include a street car or other motor vehicle running only upon rails, a power-assisted
bicycle, a motorized snow vehicle, a self-propelled implement of husbandry or a road-
building machine.
Noise: means any unwanted sound that is of such volume or nature that it is likely to
disturb the inhabitants that is clearly audible at a point of reception.
Officer: means a police officer, municipal law enforcement officer or other person
appointed by by-law enforce the provisions of this by-law.
Off-Road Vehicle: means a vehicle propelled or driven otherwise than by muscular
power or wind and designed to travel,
a)
On not more than three wheels, or
b)
On more than three wheels and being of a prescribed class of vehicle as
provided for the Off Road Vehicles Act R.S.O. 1990, Chapter 0.4 as
amended and any successors thereto.
Person: means any human being, association, firm, partner, private club, incorporated
company, corporation, agent or trustee and the heirs, executors, or other legal
representatives of a person to whom the context can apply according to law.
Point of Reception: means any point on a premise where noise originating from a
source other than those premises is received.
Powered Property Service Tool: includes, but not limited to, lawnmowers, hedge
trimmers, whipper-snippers, leaf blowers, chain saw, power washers, power assisted
sweepers, vacuums, rotary tillers, and bush hogs.
Public Service: refers to any emergency service such as police, fire or medical
services, and also pertains to municipal operations, and utilities (public or privately
owned).
Self-Propelled Implement of Husbandry: means a self-propelled vehicle
manufactured, designed, redesigned, converted or reconstructed for a specific use in
farming.
Township: means The Corporation of the Township of Springwater or the land within
the geographic limit of The Corporation of the Township of Springwater as the contexts
requires.
2.
Prohibitions
2.1.
General Prohibitions
No person shall at emit or cause or permit the emission of noise resulting from an act
listed in Schedule 1 of this by-law that is clearly audible at a point of reception anywhere
within the Township.
2.2.
Prohibitions by Time
No person shall at emit or cause or permit the emission of noise resulting from an act
listed in Schedule 2 of this by-law that is clearly audible at a point of reception anywhere
within the Township within the prohibited time or specified day, for such an act.
3.
Exemption - Activities
3.1.
General Exemptions
This by-law shall not apply to a person who emits or causes or permits the emission of
noise in connection with any of the activities listed on Schedule 3 of this by-law.
3.2.
Indoor Ranges
This By-law does not apply to indoor ranges.
4.
Exemption - Enforcement Services
4.1.
This by-law does not apply to an Officer or an Animal Control Officer while
engaged in the performance of their duties.
5.
Granting of an Exemption by Council
5.1.
Application for Exemption
Notwithstanding anything contained in this By-law, any person may make application to
Council of the Township to be granted an exemption permitted from any of the
provisions of this By-law. Council may, after hearing the Application, may grant an
exemption or refuse to grant the exemption applied for or may grant such exemption as
it deems appropriate.
5.2.
Details of Application for Exemption Permit
Every person applying for an exemption permit shall at least ten (10) business days
prior to the Council meeting at which the request for exemption is to be considered,
submit to the Clerk of the Township a completed application form as provided by the
Township together with the required fee and such further information and materials as
may be required.
5.3.
Decision
In deciding whether to grant an exemption permit, Council shall give the applicant or
their representative and any person opposed to the application an opportunity to be
heard and may consider such other matters as it deems appropriate.
The decision of Council is final for the year in which the decision is issued.
5.4.
Breach of Permit Terms/Conditions
No person shall breach any of the terms or conditions of an exemption permit issued by
the Township. Where a breach is caused or permitted by the applicant such breach
shall render the exemption permit null and void.
6.
Power of Entry
6.1.
In accordance with section 436(1) of the Act, an Officer may enter upon
land at any reasonable time for the purpose of carrying out an inspection
to determine whether or not the provisions of this By-law are being
complied with.
7.
Enforcement and Penalty Provisions
7.1.
The enforcement of this By-law shall be conducted by an Officer upon
receipt of a compliant.
7.2.
No person shall hinder or obstruct an Officer in the enforcement of this By-
law.
7.3.
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.S.O, 1990, c.p.33.
8. Severability
8.1.
If a court of competent jurisdiction declares any section or part of this By-
law invalid, it is the intention of Council that the remainder of the By-law
shall continue in force.
9. Coming into Force
9.1.
That this By-law shall take force and effect upon final passage hereof.
9.2.
That By-law 95-081 is hereby repealed.
Read a first, second and third time and finally passed this 5th day of March, 2012.
(Original Signed By)
Linda Collins, Mayor
(Original Signed By)
John Daly, Clerk
Schedule '1' to By-Law 2012-015
General Noise Prohibitions
This Schedule is to be read in conjunction with Section 2.1
A.
Persistent barking, howling, calling or whining or other similar persistent
noise making by any domestic pet or any other animal kept or used for a
purpose, other than agriculture.
B.
The operation of any construction equipment without an effective exhaust
or intake muffling device.
C.
The operation of a stereo or other electronic device designed to amplify
sound.
D.
The detonation of high hazard fireworks at a Special Event not approved
by the Township or explosive devices not used in construction.
E.
The discharge of a firearm at a licenced club or range while not having
demonstrated compliance with Schedule 4.
F.
The operation of an air conditioner, pool pump or filter, heat pump that is
not in property working order.
G.
Any noise from a Renewable Energy Source above levels provided for
under the Environmental Protection Act, R.S.O, 1990, c.E. 19 and
reported under the Renewable Energy Approval Process.
Schedule '2' to By-Law 2012-015
Prohibitions of Noise from Sources by Time
This Schedule is to be read in conjunction with Section 2.2
Section
Act
Prohibited Time
A.
Construction activity
- 9:00p.m. one day to 7:00a.m. the next day
- Monday to Saturday
- 6:00p.m. on Saturday to 12:00p.m. on
Sunday
- 6:00p.m. on Sunday to 7:00a.m. on
Monday
B.
Operation of a powered
property service tool,
except/other than snow
removal equipment in the
outside environment
- 11:00p.m. one day to 7:00a.m. the next day
- Monday to Saturday
- 11:00p.m. on Saturday to 9:00a.m. on
Sunday
- 11:00p.m. on Sunday to 7:00a.m. on
Monday
C.
Operation of a gravel pit,
quarry or stone crushing
operation
- 9:00p.m. one day to 7:00a.m. the next day
- Monday to Saturday
- 6:00p.m. on Saturday to 12:00p.m. on
Sunday
- 6:00p.m. on Sunday to 7:00a.m. on
Monday
D.
The discharge of a
firearm at a federally,
provincially regulated or
municipally licenced
shooting range or
shooting club
May to October
- 9p.m. one day to 9a.m. the next day -
Monday to Friday
- 6p.m. Friday to 9a.m. Saturday
- 6p.m. Saturday to 12p.m. Sunday
- 6p.m. Sunday to 9a.m. Monday
November to April
- 9p.m. one day to 9a.m. the next day -
Monday to Friday
- 6p.m. Saturday to 9a.m. Sunday
- 6p.m. Sunday to 9a.m. Monday
E.
The operation of any
outdoor electronic device
or group of connected
electronic devices
incorporating one or more
loudspeakers or other
electromechanical
- 11:00p.m. one day to 7:00a.m. the next day
- Monday to Saturday
- 11:00p.m. on Saturday to 9:00a.m. on
Sunday
- 11:00p.m. on Sunday to 7:00a.m. on
Monday
And any time where the business is closed
Section
Act
Prohibited Time
transducers, and
intended for the
production, reproduction
or amplification of sound,
at a commercial or
recreational
establishment
F.
Ringing bells, blowing
horns, shouting, hooting,
whistling, singing
- 11:00p.m. one day to 7:00a.m. the next day
- Monday to Saturday
- 11:00p.m. on Saturday to 10:00a.m. on
Sunday
- 11:00p.m. on Sunday to 7:00a.m. on
Monday
G.
Idling of a vehicle without
an effective exhaust
muffling device in good
working order in a
residential
neighbourhood in excess
of 5 minutes
- 11:00p.m. one day to 5:00a.m. the next day
- Monday to Sunday
H.
Except as provided for in
Schedule 3, the operation
of an off road vehicle in a
residential
neighbourhood
- 9:00p.m. one day to 9:00a.m. the next day
- Monday to Sunday
I.
Except as may be
provided in the Fireworks
By-law, the detonation of
low hazard family
fireworks
- 11:00p.m. one day to 6:00p.m. the next
day, Monday to Sunday, excluding New
Years Eve (December 31st) 12:00a.m. to
6:00p.m. and New Years Day (January 1st)
1:00a.m. to 11:00p.m.
Schedule '3' to By-Law 2012-015
Activities to Which the Noise By-Law Does Not Apply
This Schedule is to be read in conjunction with Section 3.1
The following constitutes those activities that Council considers to be exempt from the
provisions of this Noise By-law:
A.
Road and bicycle races authorized by the Township.
B.
Regimental salutes authorized by the Township.
C.
Parades authorized by the Township.
D.
Fireworks displays authorized by the Township.
E.
Midways and circuses authorized by the Township.
F.
Sporting, recreational and entertainment events in public parks, buildings
or grounds as may be authorized by the Township.
G.
Musical and other performances in public parks, public buildings or public
grounds as may be authorized by the Township.
H.
Special neighbourhood social activities on streets or other public land
authorized by the Township.
I.
Necessary municipal operations, including but not limited to snow clearing,
street cleaning, garbage collection, and emergency services, undertaken
by or on behalf of the Township.
J.
Snow removal, making or grooming that is essential for the normal
operation of a business
K.
Church clocks striking the hour and chimes ringing and the playing of any
church carillon
L.
Generators for the purpose of power outages.
M.
Events approved by the Special Events By-law.
O.
Normal farming practices within the meaning of the Farming and Food
Production Protection Act, 1998, S.O. 1998, c.1 as amended, and the
Protection of Livestock and Poultry from Dogs Act, R.S.O. 1990, c. L.24,
as amended.
P.
The operation of an off-road vehicle in or upon any municipally approved
trail system or on any lands zoned for such activity.
Q.
The operation of bells and other signaling devices utilized as traffic control
devices at:
-
Intersections with traffic signaling devices; and
-
Railway crossings
Schedule '4' to By-Law 2012-015
Sound Level Limits for Stationary Specific Impulsive Sources in Class 1 & 2
Areas (Urban
For impulsive sound, other than Quasi-Steady Impulsive Sound, from a stationary
source which is the discharge of firearms on the premises of a licensed gun club or
shooting range, the sound level limit at a point of reception expressed in terms of the
Logarithmic Mean Impulse Sound Level (LLM) is:
- 70 dBAI if the gun club were operating before January 1, 1980; or
- 50 dBAI if the gun club began to operate after January 1, 1980; or
- The LLM prior to expansion, alteration or conversion.
Sound Level Limits for Stationary Specific Impulsive Sources in Class 3 Areas
(Rural)
For impulsive sound, other than Quasi-Steady Impulsive Sound, from a stationary
source which is the discharge of firearms on the premises of a licensed gun club or
shooting range, the sound level limit at a point of reception within 30 m of a dwelling or
a camping area, expressed in terms of the Logarithmic Mean Impulse Sound Level
(LLM), is:
- 70 dBAI if the gun club were operating before January 1, 1980; or
- 50 dBAI if the gun club began to operate after January 1, 1980; or
- The LLM prior to expansion, alteration or conversion.
Schedule '5' to By-Law 2012-015
Schedule of Fees
Activity
Fee
Application for Noise Exemption Permit
$25.00