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CITY OF ST. CATHARINES
BY-LAW NO. Cf5-/ ~ 8
A By-law to prohibit and regulate noise.
WHEREAS Council deems it expedient to exercise powers conferred upon the Council
by the Municipal Act, R.S.O. 1990, c. M.45, Section 210, paragraph 138;
AND WHEREAS the citizens of the City of St. Catharines have a right to and should
be ensured of an environment free from unusual, unnecessary or excessive sound
which may degrade the quality and tranquillity of their life or cause nuisance;
AND WHEREAS Council has considered the matter of which noises are unusual or
likely to disturb the inhabitants of the City of St. Catharines;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF ST. CATHARINE$ enacts
as follows:
1.
In this By-law:
(a)
"construction" includes the erection, alteration, repair, dismantling,
demolition, maintenance, painting, or moving of a building o1· structure,
the clearing, grading, or excavation of land, the moving of earth, the
laying of pipe or conduit whether above or below ground level, the
building of a highway or street and any work conducted in connection
therewith;
(b)
"construction equipment" means any equipment or dev ·ice designed or
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;
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(c)
"Council" means the Council of The Corporation of the City of St.
Catharines;
(d)
"domestic animal" means an animal harboured by and cared for by a human
being;
(e)
"motor vehicle" includes any means of transport propelled or driven
otherwise than by muscular, gravitational or wind power which does not
operate exclusively upon rails;
(f)
"residential unit" means a unit that:
i)
consists of a self contained set of rooms located in a building or
structure; and
ii)
is used or intended for use as a residential premises; and
iii) contains kitchen and bathroom facilities that are intended for the
use only of the unit; and
iv)
has a means of egress to the outside of the building or structure in
which it is located, which may be a means of egress through another
residential unit.
2.
(1)
The following noises have been determined by the Council of The
Corporation of the City of St. Catharines to be likely to disturb the inhabitants
of the City of St. Catharines and are therefore prohibited:
(a)
the persistent racing of the motor of a motor vehicle;
(b)
the persistent operation of a motor vehicle in such a way as to cause the
tires to squeal;
(c)
the persistent operation of any internal combustion engine without an
effective exhaust muffling device in good working order and in constant
operation;
(d)
the persistent operation of a vehicle or trailer in a manner which results
in banging, clanking, squealing of other like sounds;
(e)
the operation of an engine or motor in, or on, any motor vehicle or item
of attached auxiliary equipment for a continuous period exceeding ten
minutes, while such vehicle is stationary in a residential area unless:
i)
the original equipment manufacturer specifically recommends a longer
idling period for the normal and efficient operation of the motor
vehicle;
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ii)
operation of such engine or motor is essential to a basic function
of the motor vehicle or equipment including, but not limited to, the
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 the purposes of
delivering or loading; or
iv)
the idling is for the purpose of cleaning and flushing the radiator
and associated circulation system, cleaning the fuel system,
carburettor or the like.
(f)
The persistent operation of a motor vehicle horn or other warning device
except where required or authorized by law or in accordance with good
safety practices;
(g)
The persistent barking, calling or whining or any similar persistent noise
caused by any domestic animal.
2.
(2)
Any person who causes or permits a noise listed in paragraphs (a)
through (g) inclusive of subsection (1) of this section of this by-law is guilty
of an offence and subject to such penalty as is prescribed by the Province of
Ontario for such offence.
3.
(1)
The following noises are, in the opinion of the Council of The
Corporation of the City of St. Catharines, likely to disturb the inhabitants of
the City of St. Catharines when the sounds occur during the times set out below:
(a)
The operation of any electronic device or group of connected electronic
devices incorporating one or more loud speakers or other electro
mechanical transducers and intended for the production, reproduction or
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amplification of sound between 23:00 hours one day and 07:00 hours the
next day, such that the sound amplified by the device or devices is
clearly audible within a residential unit with the windows closed, other
than the one in which the device or devices is located.
{b)
That the operation of any electronic device or group of electronic devices
incorporating one or more loud speakers or other electro-mechanical
transducers,
and
intended
for
the
production,
reproduction
or
amplification of sound in a public place such that the sound amplified by
the device or devices is clearly audible within a residential unit with
the windows closed, between 23:00 hours one day and 07:00 hours the next
day.
(c)
The operation of any auditory signalling device including but not limited
to the ringing of bells or gongs or the blowing of horns or sirens or
whistles or the production, reproduction or amplification of any similar
sounds by electronic means between 23:00 hours one day and 07:00 hours the
next day except where required or authorized by law or in accordance with
good safety practices;
{d)
Yelling, shouting, hooting, whistling, singing or the playing of musical
instruments in such a manner as to make a sound clearly audible within a
residential unit, or,
in the case of yelling, shooting, hooting,
whistling, singing or the playing of musical instructions which takes
place within a residential unit such that the sound generated by the
yelling, shouting, hooting, whistling, singing or the playing of musical
instruments is clearly audible within a residential unit with the windows
closed, other than the one in which the sound originates, between 23:00
hours one day and 7:00 hours the next day;
{e)
The operation of construction equipment between 23:00 hours one day and
07:00 hours the next day;
{f)
The operation or use of any tool for domestic purposes other than snow
removal between 23:00 hours one day and 07:00 hours the next day.
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3.
(2)
Any person who causes or permits to be caused a noise listed in
paragraphs (a) through (f) inclusive of subsection (1) of this Section of this
by-law is guilty of an offence and subject to such penalty as is prescribed by
the Province of Ontario for such offence.
4.
In addition to the prohibitions listed in Sections 2 and 3 of this by- law,
it shall be an offence to cause or permit any noise likely to disturb the
inhabitants of the City of St. Catharines and any person who causes or permits
to be caused a noise which is likely to disturb the inhabitants of the City of
St. Catharines is guilty of an offence and subject to such penalty as is
prescribed by the Province of Ontario for such an offence.
Read a first time this 12-11..
day of
Jyne.,
1995.
Read a second time this ;;__-H.
day of _) une.
1995.
Read a third time and passed this ~~~A day of
J4n~
1995 .
~
~
MAYOR G