By-law No. 19-26 Noise By-law

Strathroy-Caradoc, Ontario · No. 19-26 · adopted 2026-03-02 · summary & facts

This is the exact embedded text of the captured official document. Snapshot 5fc74225e2c5 · verified 2026-10-18 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

THE CORPORATION OF THE MUNICPALITY OF STRATHROY-CARADOC BY-LAW NO. 19-26 A BY-LAW TO PROVIDE FOR THE REGULATION AND PROHIBITION OF NOISE AND SOUND WHEREAS sections 8 and 9 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended ("Municipal Act, 2001"), respectfully, provide that the powers of a municipality shall be interpreted broadly and provide that a municipality has the capacity, rights, powers and privileges of a natural person for the purpose of exercising its authority under this or any other Act; AND WHEREAS subsection 11(1) of the Municipal Act, 2001 provides that a municipality may provide any service or thing that the municipality considers necessary or desirable for the public; AND WHEREAS subsection 11(2) of the Municipal Act, 2001, provides that a municipality may pass by-laws respecting; Economic, social and environmental well- being of the municipality; the health, safety and well-being of persons; and the protection of persons and property in the Municipality; AND WHEREAS subsection 8(3) of the Municipal Act, 2001 provides that a by-law passed under section 11 respecting a matter may regulate or prohibit and, as part of the power to regulate or prohibit respecting the matter, may require a Person to do things respecting the matter, or may provide for a system of licences respecting the matter; AND WHEREAS section 129 of the Municipal Act, 2001 provides that, without limiting sections 9 and 10 of the Act, a municipality may prohibit and regulate with respect to noise and vibration and may prohibit those matters unless a permit is obtained from the municipality and may impose conditions for obtaining, continuing to hold and renewing the permit, including requiring the submission of plans; AND WHEREAS section 128 of the Municipal Act, 2001, provides that a municipality may prohibit and regulate with respect to public nuisances, including matters that, in the opinion of Council are or could become public nuisances; AND WHEREAS subsection 391(1) of the Municipal Act, 2001, provides that a municipality may impose fees and charges on persons, (a) for services or activities provided or done by or on behalf of it; (b) for costs payable by it for services or activities provided or done by or on behalf of any other municipality or any local board; and, (c) for the use of its property including property under its control; AND WHEREAS section 425 of the Municipal Act, 2001 authorizes the municipality to pass by-laws providing that a Person who contravenes a by-law of the municipality passed under that Act is guilty of an offence; AND WHEREAS Section 429 of the Municipal Act, 2001, grants the municipality the authority to establish a system of fines for offences under a by-law of the municipality passed under the Act; AND WHEREAS Section 436 of the Municipal Act, 2001, grants the municipality the authority to enforce by-laws and enter properties for inspection purposes, ensuring compliance with a by-law passed under the Act; AND WHEREAS section 447.8 of the Municipal Act, 2001, provides that a by-law of a municipality made under this or any other Act may, (a) adopt by reference, in whole or in part, with such changes as the council considers appropriate, any code, standard, procedure or regulation as it stands at a specific date, as it stands at the time of adoption or as amended from time to time; and (b) require compliance with any code, standard, procedure or regulation so adopted; AND WHEREAS it is in the public interest to reduce the noise level in the Municipality of the Corporation of Strathroy-Caradoc so as to preserve, protect, and promote public health, safety, welfare, and the peace and quiet of the inhabitants of the Municipality; AND WHEREAS in the opinion of Council for Strathroy-Caradoc, certain kinds of noise are or could become a public nuisance; NOW THEREFORE the Corporation of the Municipality of Strathroy-Caradoc enacts as follows: PART 1 - DEFINITIONS 1.1 For the purpose of this by-law: "Agricultural Operation" has the same meaning as contained in the Farming and Food Production Protection Act, 1998, S.O. 1998, C. 1, as amended, or any successor legislation; "Amplified Live Speech" means live speech amplified by any means that is clearly audible at an outdoor public place, but does not include live speech that is incidental to a commercial, industrial, or institutional premise, and does not include live speech amplified by an assistive device used by a person due to a disability; "Animal" means any member of the animal kingdom, other than a human, and without limiting the generality of the foregoing, includes dogs, cats, and birds; "Animal Owner" means the Person who possesses or harbours an Animal, even if on a temporary basis, and, where the owner is a minor, the Person responsible for the custody of the minor; "Applicant' means a Person who applies for a Temporary Noise Permit under this By- law; "Application Form" means the form designated in Schedule 'C' to this By-law which may be altered from time to time for an Applicant to apply for a Temporary Noise Permit; "Community Event" means an organized gathering, celebration, or activity that is open to the public, promotes community engagement, cultural, recreational, educational, or charitable purposes, and is held on property within the municipality, whether municipally owned or privately owned, with the intent of serving or benefiting the broader community but does not include a gathering of any type for the purpose of an election, electoral candidate or any aspect of an electoral process; "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 for any purpose, and includes any work in connection therewith; "Council" means the Council of Municipality of Strathroy-Caradoc; "Director" means the Director of Legal and Legislative Services, or their designate; "Goods Distribution Facility" means a building or part of a building used primarily for the storage and distribution of goods and materials, including the leaving, placing or parking of equipment or vehicles, including trucks, trailers, and tractor trailers, directly associated with the goods distribution facility but does not include a Warehouse; "Hinder" means to delay, interfere with, or make more difficult the duties, work, or lawful activity of a person authorized under this by-law; "Municipality" means the Corporation of the Municipality of Strathroy-Caradoc; "Normal Farm Practice" has the same meaning as contained in the Farming and Food Production Protection Act, 1998, S.O. 1998, C. 1, as amended, or any successor legislation; "Obstruct" means to prevent, block, or impede a person authorized under this by-law from carrying out their duties, work, or lawful activity, whether by physical or non- physical means; "Officer" means a person appointed or employed by the Municipality to administer and enforce this By-law or a police constable who is a member of the Strathroy-Caradoc Police Service; "Owner" means the Person who holds legal registered title of a property and includes the person for the time being managing or receiving the rent of the land or premises, whether on the person's own account or as agent of trustee of any other person or who would so receive the rent if such land and premises were let, and shall also included the lessee or occupant of the property who, under the terms of a lease, is required to repair and maintain the property in accordance with the standards of maintenance and occupancy for the property; "Point of Reception" means any point on the premises where sound originating from other than those premises is received; "Person" includes an individual, a corporation, a partnership, an unincorporated association, as the context requires, and their respective heirs, executors, administrators, or other duly appointed representatives; "Property" means a building or structure, or part of a building or structure and includes the lands and premises appurtenant thereto and all mobile homes, mobile buildings, mobile structures, outbuildings, fences and erections thereon whether heretofore or hereafter erected and includes vacant land; "Residential Area" means any area of the Municipality where residential use is permitted under the provisions of the Zoning By-law , as amended, including but not limited to land zoned R1, R2, R3, R4, R5; "Sound" means an auditory vibration or sensation; "Sound Amplification System" means any system of loudspeakers, public address system, amplifiers, microphones or reproducers or any combination of such equipment, including electronic devices or electro-mechanical transducers, or any other such device intended for the production, reproduction or amplification of speech or Sound but does not include an assistive device used by a person due to a disability; "Special Event" means a temporary, organized activity or gathering that has been issued a Temporary Noise Permit pursuant to this By-law and which may generate noise beyond normal limits and outside the scope of normal operations or daily use of the location but does not include a Community Event; "Temporary Noise Permit" means a permit granted by the Council of the Municipality authorizing an exemption from the terms and conditions of this By-law and includes any conditions imposed by Council on the Temporary Noise Permit; "Unreasonable Noise" means any Sound that, by its level, duration, character, or time of occurrence, is likely to disturb the peace, rest, enjoyment, comfort, or convenience of the reasonable person, having regard to all the circumstances. It includes, but is not limited to, noise that is: (a) Excessive in Volume - louder than is reasonably necessary for the activity being conducted; (b) Unusual in Character - harsh, grating, or repetitive in a manner not typical for the setting; (c) Inappropriate to Time or Place - occurring during nighttime hours, or in locations where quiet is expected; or (d) Disturbing in Effect - interfering with the normal use and enjoyment of a property, or causing undue discomfort to persons in the vicinity; "Warehouse" has the same meaning as in the Zoning By-law; "Zoning By-law" means the Corporation of the Municipality of Strathroy-Caradoc By- law No. 43-08, as amended. PART 2 - NOISE PROHIBITIONS General Prohibition 2.1 No Person shall emit, cause or permit the emission of Unreasonable Noise or noise that is likely to disturb inhabitants. Prohibitions - Deemed - Any Time - Any Location 2.2 Without limiting the generality of section 2.1 of this By-law, the following shall be deemed to be Unreasonable Noise, or noise that is likely to disturb the inhabitants, at any time anywhere in the Municipality: Attracting attention - to Performance - Advertising (a) the Sound from or created by any instrument, radio, Sound Amplification System, equipment or device that emits sound when the same is used or operated for the purpose of advertising or for attracting attention to any performance or sale, show or display of goods or services and projects such sound into any street or other public place; Whistle - attached to boiler - other mechanism (b) the sound from any steam whistle or air whistle attached to or used in connection with a boiler or other machine or mechanism, except for the purpose of giving notice of the time to commence or cease work, or as a warning of danger. Prohibitions - Deemed - Residential Area 2.3 Without limiting the generality of section 2.1 of this By-law, the following shall be deemed to be Unreasonable Noise, or noise that is likely to disturb the inhabitants, in a Residential Area, at the times and days specified, that is clearly audible at a Point of Reception in a Residential Area: Animal - any time (a) the persistent sound made by any Animal under the care, control or ownership of the Animal Owner, at any time; Amplified Sound - television - stereo - speakers - amplifiers - any time (b) the sound created by any electronic device or group of connected electronic devices incorporating one or more Sound Amplification, including but not limited to a radio, or television, at any time; Shouting, Yelling, Loud Hooting, Loud Whistling, Loud Singing (c) any excessive shouting, yelling, loud hooting, loud whistling or loud singing from Sunday through to the following Thursday from 10:00 p.m. to 7:00 a.m. of the following day, and Friday through, Saturday from 11:59 p.m. to 7:00 a.m. the following day; Construction - Excavation - 7 p.m. to 7 a.m. (d) the Sound arising from Construction between 7:00 p.m. and 7:00 a.m. of the following day; Power Equipment - use - 9 p.m. to 7 a.m. (e) the Sound caused by the use or operation of a lawnmower, chainsaw, leaf- blower, or any other such noise-generating tool or device between 9:00 p.m. of any day and 7:00 a.m. of the next following day; Sunday and Statutory Holidays (f) If the "following day" referred to in subsections 2.3(d) and 2.3(e) should be a Sunday or a statutory holiday, or a statutory holiday for the purposes of subsection 2.3(c), the prohibition shall end at 9:00 a.m. rather than 7:00 a.m. PART 3 - TEMPORARY NOISE PERMIT Application for a Temporary Noise Permit 3.1 A Temporary Noise Permit is required for all Community Events and Special Events. The application form for a Temporary Noise Permit is attached at Schedule "C" to this By-law. Temporary Noise Permit - General Conditions 3.2 A Temporary Noise Permit issued under this By-law shall have the following conditions unless expressly provided for to the contrary on the Temporary Noise Permit: (a) All temporary noise permits are authorized by Council; (b) All Sound subject to the Temporary Noise Permit shall cease by midnight on any day during which the Temporary Noise Permit is in effect; (c) May be revoked by Council; and (d) May be revoked immediately by an Officer if they deem that a term or condition of a Temporary Noise Permit has been violated. Such revocation is at the sole discretion of the Officer, acting reasonably. Breach of Terms or Conditions 3.3 A breach of the Temporary Noise Permit or of any of its terms or conditions shall immediately render the Temporary Noise Permit null and void and shall be surrendered to an Officer upon request. Offence - Fail to Comply with Terms and Conditions 3.4 Every Person to whom a Temporary Noise Permit has been issued shall comply with all of the terms and conditions of the Temporary Noise Permit. Failing to comply with the Temporary Noise Permit or any of its terms and conditions is an offence under this By-law. PART 4 - ENFORCEMENT Hinder or Obstruct 4.1 Every Person who hinders or obstructs, or attempts to hinder or obstruct, an Officer who is exercising a power or performing a duty under this By-law, including carrying out an inspection, is guilty of an offence and upon conviction is liable to a fine as provided for by the Provincial Offences Act, R.S.O. 1990, Chapter P. 33, as amended. Offence Clause 4.2 Any Person who contravenes any provision of this By-law or the terms and conditions of a Temporary Noise Permit is guilty of an offence and upon conviction is liable to a fine as provided for by the Provincial Offences Act, R.S.O. 1990, Chapter P. 33, as amended. Entry on a Property by an Officer 4.3 An Officer may enter upon any land within the Municipality at any reasonable time for the purpose of carrying out an inspection to determine whether this By-law or the terms and conditions of a Temporary Noise Permit are being complied with. Conditions of an Inspection 4.4 The following conditions apply to an Officer exercising a power of entry under this By-law: (a) The Officer exercising the power must on request display or produce proper identification. (b) The Officer exercising the power may be accompanied by a person under their direction. Powers of an Officer - Inspection 4.5 For the purposes of an inspection under this By-law, an Officer may: (a) require the production for inspection of documents or things relevant to the inspection; (b) inspect and remove documents or things relevant to the inspection for the purpose of making copies or extracts; (c) require information from any person concerning a matter related to the inspection including his or her name and address; and (d) alone or in conjunction with a person possessing special or expert knowledge, make examinations or take tests, samples, recordings or photographs necessary for the purpose of the inspection. Samples 4.6 If a sample is taken under subsection 4.5(d) of this by-law, the sample shall be divided into two parts and, and one part shall be delivered to the person from whom the sample is taken, if the person so requests at the time the sample is taken and provides the necessary facilities. Samples - Idem 4.7 If a sample taken under subsection 4.5(d) of this by-law has not been divided into two parts, a copy of any report on the sample shall be given to the person from whom the sample was taken. Receipt - Document or Thing Remove 4.8 A receipt shall be provided for any document or thing removed under subsection 4.5(b) of this by-law and the document or thing shall be promptly returned after the copies or extracts are made. Copies - Admissible 4.9 Copies of or extracts from documents and things removed under this section and certified as being true copies of or extracts from the originals by the person who made them are admissible in evidence to the same extent as, and have the same evidentiary value as, the originals. PART 5 - EXEMPTIONS Exemptions 5.1 Despite any provision of this By-law, this By-law shall not apply to the following sounds arising from: Police - Fire Services - Ambulance (a) A vehicle of the Strathroy-Caradoc Police Service, provincial or federal police, Strathroy-Caradoc Fire Services or of any Fire Service of any municipality, or an ambulance, while in performance of their duty; Railway - Airport - operations (b) Any activity that is integral to the operation of any railway, or airport, aerodrome or air transportation within the legislative authority of the Parliament of Canada; Public Necessity - Emergency (c) A matter of public necessity or public emergency; Municipal Equipment - Municipal Snow Removal - Road Cleaning Equipment - etc. (d) The operation of machines and equipment by or on behalf of the Municipality, including but not limited to snow removal equipment, road cleaning equipment, grass cutting or field maintenance equipment, tree and shrub pruning and mulching equipment, painting machines for crosswalks and highways; Garbage & Recycling Collection / Disposal - Municipality (e) The collection or disposal of garbage, waste or recyclable material by or on behalf of the Municipality; Signalling Devices (f) Signalling devices utilized as traffic and pedestrian control devices at intersections and crosswalks; Municipal Construction Projects (g) The operation of equipment in conjunction with Municipal Construction projects, Municipal general maintenance projects, and Municipal emergency maintenance projects; Fireworks - Pyrotechnics (h) The discharge of consumer fireworks, display fireworks or pyrotechnic special effects fireworks if such discharge complies with the Municipality's Fireworks By-law; Bells - Clocks - Religious - Municipality (i) Bells, chimes, carillons, clocks, or other types of Sound associated with religious or public buildings or uses. Industrial Use in Industrial Zone (j) Activities from industrial uses located in lands zoned for industrial use in the Zoning By-law if Sound is in accordance with the terms and conditions of a valid Certificate of Approval, provisional Certificate of Approval or other approval issued under the Environmental Protection Act, R.S.O. 1990, c. E.19, where such approval addresses sound as a source of contamination; Normal Farm Practice (k) Activities as part of a Normal Farm Practice and carried on as part of an Agricultural Operation; Public Utilities (l) Operation of machinery by or on behalf of a public utility where work needs to be done to minimize service interruptions; Work Approval Permit - Public Works (m) Operation of construction equipment where the Municipality has issued a Work Approval Permit under the Public Works Department and in issuing such permit the Municipality requires the work to be done to minimize traffic impacts; Public election - gathering - authorized (n) The use in a reasonable manner of any apparatus or mechanism for Amplified Live Speech or of music in a public park or any other commodious space in connection with any public election meeting or other lawful gathering between 9:00 a.m. and 6:00 p.m.; Parade - band - authorized (o) A military or other band in a parade if the parade is operating under a Temporary Road Closure Permit issued pursuant to the Corporation of the Municipality of Strathroy-Caradoc By-law No. 49-19, as amended; Snow Removal - Private Property (p) The use in a reasonable manner of vehicles and equipment when utilized for the clearing and the removal of snow from private Property when conducted on behalf of or on the request of the Property Owner; Animals - Municipality - Police (q) An Animal under the care or control of the Municipality ,the Strathroy- Caradoc Police Service or a police service of a provincial or federal authority ; Municipal - Events / Activities (r) Any event or approved activity either hosted by the Municipality or on Municipal lands shall be exempt from this by-law; Delivery of Goods (s) Noise made in the Municipality in connection with the delivery of goods to any of the following: i) Retail business establishments; ii) Restaurants, including cafes and bars; iii) Hotels and motels; and iv) Goods Distribution Facilities. PART 6 - PENALTY 6.1 Every Person who contravenes a provision of this By-law is guilty of an offence and is liable, upon conviction, to a penalty as prescribed by the Provincial Offences Act, R.S.O. 1990, c. P33, as amended. 6.2 If this By-law is contravened and a conviction entered, in addition to any other remedy and to any penalty imposed, the court in which the conviction has been entered, and any court of competent jurisdiction thereafter may make an order prohibiting the continuation or repetition of the offence by the person convicted. 6.3 Every Person who is guilty of an offence under this By-law shall be subject to the following penalties: (a) Upon a first conviction, to a fine not less than $100 and not more than $50,000; (b) Upon a second or subsequent conviction for the same offence, to a fine of not less than $400 and not more than $100,000. 6.4 If the Person who is guilty of an offence under this By-law is a corporation, the following penalties apply: (a) Upon a first conviction, to a fine not less than $200 and not more than $60,000; (b) Upon a second or subsequent conviction for the same offence, to a fine of not less than $500 and not more than $100,000. 6.5 For the purposes of this By-law, an offence is a second or subsequent offence if the act giving rise to the offence occurred after a conviction has been entered at an earlier date for the same offence. PART 7 - GENERAL 7.1 In this By-law, wherever the singular is used, it is intended to include the plural 7.2 If a court of competent jurisdiction declares any section or part of this By-law invalid or unenforceable, the remainder of the By-law shall continue to be in force. 7.3 An Owner of a Property where Unreasonable Noise is being emitted from shall be presumed to have permitted or cause to be permitted, the Unreasonable Noise which presumption may be rebutted by evidence to the contrary on a balance of probabilities. PART 8 - MISCELLANEOUS 8.1 By-law No. 44-13 and any amendments thereto are hereby repealed. 8.2 Schedules "A", "B", and "C" attached to this By-law form a part of this By-law. 8.3 The provisions of this by-law apply to the entire geographic area of the Municipality. 8.4 The requirements of and the obligations imposed by this by-law are in addition to the requirements and obligations contained in any other applicable by-laws of the Municipality or applicable provincial or federal statutes or regulations. If there is a conflict between a provision of this by-law and any other by-law of the Municipality or a provincial or federal statute or regulation, the most restrictive in relation to the regulation of noise and vibration prevails. 8.5 Specific references to laws or by-laws are meant to refer to the current laws applicable at the time that this by-law was enacted and shall be interpreted to include amendments, restatements and successor legislation. 8.6 This by-law may be referred to as the "Noise By-law". 8.7 This by-law shall come into force and effect on March 2, 2026. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED IN OPEN COUNCIL this 2nd day of March, 2026. __________________________ __________________________ Colin Grantham, Mayor Jennifer Pereira, Clerk THE CORPORATION OF THE MUNICPLAITY OF STRATHROY-CARADOC Schedule A: Set Fine Schedule - Part 1 Provincial Offences Act By-law No. 19-26 BEING A BY-LAW TO PROVIDE FOR THE REGULATION AND PROHIBITION OF NOISE AND SOUND Short Form Wording Section Set Fine Any Person Who Makes, Causes, or Permits Noise to Disturb Section 2.1 $350 Fail to Comply with Temporary Noise Permit Conditions Section 3.4 $750 Hinder or Obstruct an Officer Section 4.1 $350 THE CORPORATION OF THE MUNICPLAITY OF STRATHROY-CARADOC Schedule B: Prohibitions by Time By-law No. 19-26 BEING A BY-LAW TO PROVIDE FOR THE REGULATION AND PROHIBITION OF NOISE AND SOUND Section Source of Sound Time 2.1 Make, Cause or Permit Noise to Disturb At all times / All Areas 2.2 (a) Attracting attention - to Performance - Advertising At all times / All Areas 2.2 (b) Whistle - attached to boiler - other mechanism At all times / All Areas 2.3 (a) Animal - any time At all times / Residential Area 2.3 (b) Amplified Sound - television - stereo - speakers - amplifiers - any time At all times / Residential Area 2.3 (c) Shouting, Yelling, Loud Hooting, Loud Whistling, Loud Singing - any time At all times / Residential Area 2.3 (d) Construction - Excavation 7 p.m. to 7 a.m. (or 9:00 a.m. if the following day is Sunday or Statutory Holiday) / Residential Area 2.3 (e) Power Equipment - use 9 p.m. to 7 a.m. (or 9:00 a.m. if the following day is Sunday or Statutory Holiday) / Residential Area SCHEDULE "C"; APPLICATION FORM FOR TEMPORARY NOISE PERMIT Pursuant to the Municipality of Strathroy-Caradoc Noise By-law NOTE: APPLICATION MUST BE RECEIVED AT LEAST SIXTY (60) DAYS PRIOR TO THE EVENT/ACTIVITY Description of the Event/Activity: ___________________________________________ ______________________________________________________________________ Address/Location of the Event/Activity - site plan and layout to be attached to Application: ___________________________________________________________ ______________________________________________________________________ Name and Address of Applicant: ___________________________________________ ______________________________________________________________________ Phone Number: (Home) __________________ (Business) ____________________ (Cell) __________________ Email Address: _________________________________________________________ No. of people expected to attend: ______________________ Date(s) of the Event/Activity:_______________________________________________ Time(s)/duration of the Event/Activity: _______________________________________ ______________________________________________________________________ Description of Sound Equipment to be used: __________________________________ ______________________________________________________________________ ______________________________________________________________________ Steps to be taken to minimize the noise or sound:______________________________ ______________________________________________________________________ Steps taken to notify neighbours____________________________________________ ______________________________________________________________________ Supervisor(s) of the Event/Activity - At least one person designated as supervisor shall be responsible for supervising the event or activity and must be onsite during the entire event or activity to ensure compliance with the terms and conditions of the permit. Name(s): _____________________________________________________________ _____________________________________________________________________ Address(es):___________________________________________________________ _____________________________________________________________________ Phone Number:(Home) ____________________ (Business) _____________________ (Cell) _________________ -Fee required to be filed with the Application: Application Fee - $125.00 (non- refundable). -Failure to comply with any conditions of the Permit will result in the Temporary Noise Permit being immediately revoked and legal action may be taken as per the Noise By- law. -I confirm I have read and understand the information contained in this Application. Signature of Applicant Date APPLICATION FOR A TEMPORARY NOISE PERMIT 1. Any person may submit an application for a Temporary Noise Permit as defined in Part 3 of the Noise By-law, as amended. 2. The application in subsection (1) shall be made in writing to the Director of Legal & Legislative Services of the Municipality of Strathroy-Caradoc, and shall contain all of the following: a. The name, address and telephone number(s) of the applicant; b. A description of the event; c. The location of the event or activity for which the Temporary Noise Permit is sought; d. A description of the source of sound and level of sound for which the Temporary Noise Permit is sought; e. The times of day, and the period of time for which the Temporary Noise Permit is sought (Not exceeding 12AM); f. The reasons why the Temporary Noise Permit should be granted; g. A site plan and layout for the location of the event, including the location of the band/DJ, the location of the stage, proximity to neighbours, etc.; h. Name(s) and contact information of the supervisor(s) for the event; i. A statement of the steps, if any, planned or presently being taken to minimize the noise or sound; j. Steps taken to notify neighbours within a minimum of 120 meters (required distance may increase as determined by Council); k. A copy of licenses/permits issued by Alcohol & Gaming Commission of Ontario, if applicable. l. payment of application fee. 3. In making a recommendation to Council the Director, in consultation with enforcement staff and police, if necessary, shall: a. Determine whether the event falls within the criteria of Part 3 of the By- law; b. Consider any negative effects the issuance of the Temporary Noise Permit may have on neighbouring properties or on the Municipality; c. Consider any benefits the issuance of the Temporary Noise Permit may have for neighbouring properties or for the Municipality; d. Consider any previous violations of the Noise By-law or Temporary Noise Permit conditions by the applicant; and e. Consider anything the Council or Director reasonably considers relevant. 4. The Director, in consultation with enforcement staff and police, if necessary, shall recommend imposing conditions on a Temporary Noise Permit, including but not limited to: a. The type and volume of sounds that may be made; b. The times during which sounds may be made; c. The date of expiry of the Temporary Noise Permit; d. Applicant notifying neighbours within a specified range of the property of the event; e. Applicant shall comply with any Officer with respect to the volume of sound to ensure sounds are at a reasonable level and are compliance with the conditions and terms of the Temporary Noise Permit. 5. When Council has made a decision whether or not to grant a Temporary Noise Permit, the Director shall give written notice of that decision to the applicant by regular mail to the address of the Applicant that was provided on the Application Form. The written notice shall: a. Set out the grounds for the decision; b. Be signed by the Director; and c. If a Temporary Noise Permit is granted by Council, it shall be signed by the Director at Council's direction. 6. An Application Form shall be deemed incomplete, and a Temporary Noise Permit shall not be issued if the Application Form has not been completed in full, it has not been signed by the Applicant, or the application fee has not been paid.