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THE CORPORATION OF THE TOWN OF ST. MARYS
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BY-LAW NO. 43 of 2007
Being a by-law to Regulate and Control Noises within the Town of St. Marys
WHEREAS sections 9, 10 and 129 of the Municipal Act, 2001 (the "Act") permit the
Town of St. Marys to pass by-laws to prohibit and regulate noise and vibration;
AND WHEREAS the people have a right to and should be ensured an environment free
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from unusual, unnecessary or excessive vibration, sound or noise which may degrade the
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quality and tranquility of their life or cause nuisance;
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NOW THEREFORE the Council of the Corporation of the Town of St. Marys enacts as
follows:
1.
Definitions
In this By-law,
"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
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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;
"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,
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ditchers, compactors and rollers, pumps, concrete mixers, graders, or other material
handling equipment;
"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
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vehicle if operated only within a building;
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"Council" means the Council of the Town;
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"Highway' includes a common and public highway, street, avenue, parkway,
driveway, square, place, bridge, viaduct or trestle designed and intended for, or used
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by, the general public for the passage of vehicles;
"Motor Vehicle" includes an automobile, motorcycle, and any other vehicle propelled
or driven otherwise than by muscular power; but does not include the cars of electric,
diesel or steam railways, or other motor vehicles running only upon rails, or a
motorized snow vehicle, traction engine, farm tractor, self-propelled implement of
husbandry or road-building machine within the meaning of the Highway Traffic Act',
"Municipality" means the land within the geographic limit of the Town;
"Noise" means unwanted sound;
"Noise Control Officer" means a person designated by Council as responsible for the
administration of this By-law, and more specifically shall be the local policing
authority;
"Person" includes a corporation, organization, association, partnership, and the like;
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"Point of Reception" means any point on the premises of a person where sound or
vibration originating from other than those premises is received;
"Premises" means building and lands appurtenant thereto;
"Residential Area" means land zoned residential within the Town;
"Town" means the Corporation of the Town of St. Marys.
General Prohibition
2.
No person shall make, cause or permit noise or vibration which is likely to
disturb the quiet, peace, rest, enjoyment, comfort or convenience of the
inhabitants of the municipality.
Specific Prohibitions
3.
Without limiting section 2, no person shall emit or cause or permit the emission
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of a sound resulting from an act listed in Schedule 1
General Prohibitions,
and which is clearly audible at a point of reception at anywhere within the
municipality, at any time.
4.
Without limiting section 2, no person shall emit or cause or permit the emission
of sound resulting from any act listed in Schedule 2
Prohibition by Time and
Place if clearly audible at a point of reception located in an area of the
municipality within a prohibited time shown for such an area.
Exemption
Public Safety
5.
Notwithstanding any other provision of this by-law, it shall be lawful to emit or
cause or pennit 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
4-1them;
b. For the preservation or restoration of property; unless such sound or
vibration is clearly of a longer duration or by nature more disturbing, than
is reasonably necessary for the accomplishment of such emergency
purpose.
Grant of Exemption by Council
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6.
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 and the Town may refuse to
grant any exemption or may grant the exemption applied for or any exemption
of lesser effect and any exemption shall specify a time period, not in excess of
six months, during which it is effective and may contain such terms and
conditions as the municipality deems appropriate.
7.
(1)
Application to Municipality
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
and the municipality may refuse to grant any exemption or may
grant the exemption applied for or any exemption of lesser effect
and any exemption granted shall specify a time period, not in excess
of six months, during which it is effective and may contain such
terms and conditions as the municipality deems appropriate.
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(2)
Details of Application for Exemption
The application mentioned in subsection 7(1) shall be made in
writing, in the form attached as Schedule 4
Application for
Exemption, and shall contain:
(a)
the name, address and telephone number of the applicant;
(b)
a description of the source and location of sound in respect
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of which the exemption is sought;
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(c)
a statement of the particular provision or provisions of this
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by-law from which exemption is sought;
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(d)
the period of time, of a duration not in excess of six months,
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for which the exemption is sought;
(e)
the reasons why the exemption should be granted;
(f)
a statement of the steps, if any, planned or presently being
taken to bring about compliance with the by-law.
(3)
Decision
In deciding whether to grant the exemption, Council shall give the
applicant and any person opposed to the applications an opportunity
to be heard and may consider such other matters as it deems
appropriate.
(4)
Breach
A breach of any of the terms or conditions of an exemption granted
by the Municipality that is caused or permitted by the applicant
shall render the exemption null and void.
(5)
Every person applying for an exemption shall, at least 10 business
days prior to the Council meeting at which the request for
exemption is to be addressed by Council, provide to the Clerk:
(a) a complete and accurate application form as prescribed by the
municipality setting out the particulars respecting the exemption
requested; and
(b) payment of the exemption processing fee in the amount set by
Council and in effect at the time of such exemption request.
Exemption of Activities
8.
This by-law shall not apply to a person who emits or causes or pennits the
emission of sound in connection with any of the activities listed on Schedule
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3
Exemption of Activities.
Severability
9.
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.
Enforcement and Penalty Provisions
10.(1) The provisions of this by-law shall be enforced pursuant to the provisions set
out in Part I of the Provincial Offences Act and Part XIV of the Municipal Act,
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2001.
(2) Any person violating any of the provisions of this by-law is guilty of an
offence and upon conviction shall be subject to a fine, exclusive of costs and all
such fines shall be recoverable under the provisions of Part I of the Provincial
Offences Act and Part XIV of the Municipal Act, 2001.
(3) The set fines for a violation of this by-law shall be those as listed on
Schedule 5.
By-law Repealed
11. Upon the coining into force of this by-law, Town by-law No. 9-85 is revoked.
Short title
12. The short title of this by-law is the Noise Control By-law.
Jamie Hahn,
[Read a first and a second
25th day of June 2007.
Read a third time and passed this-'25th day of June 2007.
Schedule1
General Prohibitions
1.
Racing of any motorized vehicle other than in a lawful racing event.
2.
The operation of a motor vehicle in such a way that the tires squeal.
3.
The operation of any combustion engine, pneumatic device or construction
equipment without an effective exhaust or intake muffling device in good
working order and in constant operation.
4.
The operating of a motor vehicle with a trailer resulting in banging, clanking,
squealing or other sounds due to improperly secured load or equipment, or
inadequate maintenance.
5.
The operation of an engine or motor in, or on, any motor vehicle or item of
attached auxiliary equipment for a continuous period exceeding five minutes,
anywhere within the geographic area of the Town, where the point of reception
is in a Residential Area unless:
a. 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
b. 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 tracks, lift platforms or refuse compactors; or
c.
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 purpose of delivery or loading; or
d. Prevailing low temperatures make longer idling periods necessary
immediately after starting the motor or engine; or
e. 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
than for profit;
6.
The use of any mechanical equipment that is not operating or being maintained
in accordance with the manufacturers specifications resulting in noise other
than that emitted in the normal operation of the equipment;
7.
The operation of a motor vehicle horn or other warning device except where
required or authorized by by-law or in accordance with good safety practices.
8.
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.
Schedule 2
Prohibitions by Time and Place
Prohibitions in a Residential Area
Act
Prohibited Period of Time
1.
The discharge of firearms.
At all times.
2.
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 sound.
A
3.
The operation of any Motorized
Conveyance other than on a
highway or other place intended
for its operation.
B
4.
Yelling, shouting, hooting,
whistling or singing.
A
5.
Persistent barking, whining,
calling or other similar
persistent noise making by any
domestic pet or any animals
kept for commercial purposes
At all times
6.
The operation of percussive
instruments.
A
A
23 00 one day to 07 00 next day (09 00 Sundays)
B
21 00 one day to 07 00 next day (09 00 Sundays)
Schedule 3
Exemption of Activities
A list of sources (activities) shall constitute this Schedule and shall specify those events
which Council considers to be exempt from the provisions of this By-law.
1.
Road and bicycle races authorized by the Town;
2.
Regimental salutes;
3.
Parades authorized by the Town;
4.
Fireworks displays authorized by the Town;
5.
Midways and circuses authorized by the Town;
6.
Sporting, recreational and entertainment events in public parks, buildings or
grounds, authorized by the Town;
7.
Musical and other performances in public parks, buildings or grounds,
authorized by the Town;
8.
Special neighbourhood social activities on streets or other public land
authorized by the Town;
9.
Transformers and diesel operated pumps owned by the Town and necessary
preventative maintenance works undertaken by the Town;
10.
Town operations, including but not limited to snow clearing, street cleaning
and garbage collection, undertaken by or on behalf of the Town;
11.
Snow removal that is essential for the normal operation of a business;
12.
Church clocks striking the hour and chimes ringing and the playing of any
church carillon.
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Application for Exemption
Application for Exemption Under Noise Control By-law 43-2007
Applicant Name
Applicant Name
Last
First
Applicant Address
Street
Postal Code
Applicant's Telephone Number
Group or Organization
Event Title
Date(s) of Event
Time of Event (if event is being held over more than one day, specify times for each day)
Description of Event
Include the source of sound or vibration in respect of which
exemption is
sought:
State
particular provision(s) of the By-law from which the exemption is being sought
Date
Signature
Title
Submit to Clerk's Office Town of St. Marys
Schedule 5 --Set Fines
Item
Column 1
Short Form Wording
Column 2
Offence Creating
Provision
Column 3
Set Fine (Includes
Costs)
1
Causing or permitting noise likely to
disturb
Section 2
$175.00
2
Causing or permitting vibration
likely to disturb
Section 2
$175.00
3
Causing or permitting noise by
racing a motorized vehicle
Section 3
Schedule 1-1
$350.00
4
Causing or permitting noise from
squealing tires
Section 3
Schedule 1-2
$350.00
5
Causing or permitting noise by
operation of a combustion engine
without exhaust in good working
order
Section 3
Schedule 1-3
$350.00
6
Causing or permitting noise by
operating pneumatic device without
exhaust in good working order
Section 3
Schedule 1-3
$350.00
5
Causing or permitting noise by
operating construction equipment
without exhaust in good working
order
Section 3
Schedule 1-3
$350.00
8
Causing or permitting noise from the
operation of a motor vehicle with a
trailer
Section 3
Schedule 1-4
$350.00
9
Causing or permitting noise from the
idling of a vehicle
Section 3
Schedule 1-5
$350.00
10
Causing or permitting noise from
mechanical equipment that is not
properly maintained
Section 3
Schedule 1-3
$350.00
1
Causing or permitting noise from a
vehicle horn or other warning device
Section 3
Schedule 1-1
$350.00
12
Causing or permitting noise from a
vehicle stereo or other electronic
device
Section 3
Schedule 1-4
$350.00
13
Causing or permitting noise from the
discharge of a firearm
Section 4
Schedule 2-1
$350.00
14
Causing or permitting noise from
any electronic device or sound
producing equipment
Section 4
Schedule 2-2
$350.00
15
Causing or permitting noise from the
operation of a motorized
conveyance
Section 4
Schedule 2-3
$350.00
16
Yelling, shouting, hooting, whistling
or singing
Section 4
Schedule 2-4
$350.00
17
Persistent barking, whining, calling
of a domestic pet
Section 4
Schedule 2-4
$350.00
18
Persistent barking, whining, calling
of commercial animal
Section 4
Schedule 2-4
$350.00
19
Operation of percussive instruments
Section 4
Schedule 2-6
$350.00