This is the exact embedded text of the captured official document.
Snapshot 1972ad9b6a9d · verified 2026-06-09 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
THE CORPORATION OF THE TOWNSHIP OF TAY
BY-LAW NO. 2016-01
Being a By-law to repeal By-law No. 2011-47 and 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
Tay
WHEREAS Section 129 of the Municipal Act, S.O. 2001, c.25 as amended,
provides that a Municipality may prohibit and regulate with respect to public
nuisances including noise;
AND WHEREAS the Council of the Township of Tay deems it necessary and
expedient to pass a by-law to control activities which cause noises that
substantially interfere with other people's health, safety or the normal use
and enjoyment of their property;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE
TOWNSHIP OF TAY ENACTS AND BE IT ENACTED AS FOLLOWS;
1.0
DEFINITIONS
In this by-law,
"Agriculture" means the science or practice of farming, including
cultivation of the soil for the growing of crops and the rearing of
animals to provide food, wool, and other products;
"Construction" means the 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 structural
installation of construction components and materials in any form or
for any purpose, and includes 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, ditchers, compactors and rollers, pumps, concrete mixers,
graders, or other material handling equipment;
"Council" means the Council of the Corporation of the Township of
Tay;
"Motor vehicle" means an automobile, motorcycle, and any other
vehicle propelled or driven otherwise than by muscular power;
"Noise" means a sound that is of such volume or nature at a point of
reception that it disturbs or is likely to disturb the inhabitants of the
Township;
"Officer" means a Municipal Law Enforcement Officer or Police
Officer;
"Owner" includes an assessed owner, tenant, occupant or any person
having an interest, whether equitable or legal, in the land;
"Person" means any human being, association, firm, partnership,
private club, incorporated company, corporation, agent or trustee and
the heirs, executors, or other legal representatives of a person to who
the context can apply according to the By-law;
"Point of Reception" means any point on the premises of a person
where sound or vibration originating from other than those premises is
received;
By-law 2016-01
Page 2
"Property Maintenance Equipment" shall include but it not limited
to lawn mowers, leaf blowers or vacuums, lawn trimmers, chain saws,
garden tractors, power sprayers and washers and other equipment
powered by gasoline internal combustion engines normally used for or
associated to household, lawn and garden maintenance;
"Residential Noise Zone" means those areas denoted as a
residential noise zone as shown on Schedule "C" attached hereto;
"Rural Noise Zone" means those areas denoted as a rural noise zone
as shown on Schedule "C" attached hereto;
"Township" means the Corporation of the Township of Tay;
"Zoning By-law" the prevailing Zoning By-law(s) in force and effect
in the Township of Tay.
"Air Conditioning Equipment" means equipment located on the
outside of a dwelling used for heating, cooling and/or the exchange of
air inside the residence.
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 Tay 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 of lesser effect and 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 granted 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 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
dwelling, unless;
a)
the consent of the occupier is obtained, the occupier first
having been informed that the right of entry may be
By-law 2016-01
Page 3
refused and, if refused, may only 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 provision of this by-law
and every director or officer of a 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 this 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 exceed $500 and a maximum fine shall not exceed
$100,000 exclusive of 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 a 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.
By-law 2016-01
Page 4
6.9
Any person who has been alleged to have contravened any of 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 in 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 a Court of competent jurisdiction to
be invalid, the same 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
SHORT TITLE
8.1
The short title of this By-law is the Noise By-law.
9.0
REPEALED
9.1
By-law No. 2011-47 is hereby repealed.
10.0 EFFECTIVE DATE
10.1 This By-law shall come into force and take effect immediately
upon the final passing thereof.
BY-LAW READ A FIRST, SECOND AND THIRD TIME AND FINALLY
PASSED THIS 29th DAY OF FEBRUARY, 2016
THE CORPORATION OF THE TOWNSHIP OF TAY
MAYOR, Scott Warnock
CLERK, Alison Thomas
By-law 2016-01
Page 5
Schedule A
2016-01 : 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 Tay
Township:
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, 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 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, while such vehicle is stationary in a
Residential Noise Zone unless:
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 agriculture;
By-law 2016-01
Page 6
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 10:00 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. on a Sunday.
k.
The discharge of firearms at any time in the residential noise zone.
l.
The discharge of firearms between 7:00 p.m. and 7:00 a.m.
Monday to Saturday in the rural noise zone and prior to 9:00 a.m.
on Sunday in the rural noise zone. If legally hunting, firearms may
be discharged half hour before sunrise to half hour after sunset as
per the MNR hunting regulations.
m.
Fireworks in the residential or rural noise zone outside of the
permitted dates and times being Canada Day and Victoria Day and
the three days immediately preceding and/or following each of
these days from dusk until 11:00 p.m.
n.
The noise made by air conditioning equipment which is likely to
disturb the peace, comfort or repose of any person in a dwelling
unit.
o.
The noise made by yelling, shouting, hooting or other boisterous
activity after 11:00 p.m.
p.
Any unwanted or meaningless sound that in the opinion of the
Officer is likely to disturb the inhabitants of the Township of Tay.
By-law 2016-01
Page 7
Schedule B
2016-01: Noise Regulation
The Following are exceptions to Section 2.1 of the by-law:
a.
The noises made by a parade authorized by the municipality.
b.
Fireworks displays authorized by the municipality.
c.
The noises associated with a traditional, festive or religious activity
authorized/hosted by the municipality.
d.
Road and bicycle races authorized by the municipality.
e.
Midways and circuses authorized by the municipality.
f.
The sound from an outdoor concert or band when approved by the
municipality.
g.
The sound of outdoors hymn singing or caroling.
h.
The sound of church bells or chimes normally associated with church
activities.
i.
The sirens or noises created by an emergency vehicle.
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 or highway when such work is undertaken by forces of the
Corporation of the Township of Tay, any Provincial road authority or
the County of Simcoe road authority or by any public utilities.
k.
The noise caused by farm equipment performing any farm operation.
l.
The discharge of firearms associated with the Georgian Bay Hunters &
Anglers located at 3175 Ogdens Beach Road, Port McNicoll.
By-law 2016-01
Page 8
CORPORATION OF THE TOWNSHIP OF TAY
PART 1 PROVINCIAL OFFENCES ACT
By-law 2016-01 : Noise Regulation
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,
loud
speaker, musical instrument or other
sound-producing equipment.
Section
2.1
Schedule
A
(a)
$150.00
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)
$150.00
3
Emit/Cause to emit noise likely to
disturb from racing motorized vehicles.
Section 2.1
Schedule
A
(c)
$150.00
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)
$150.00
5
Emit/Cause to emit noise likely to
disturb from a motor vehicle horn or
other warning device.
Section 2.1
Schedule A
(e)
$150.00
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)
$150.00
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)
$150.00
8
Emit/Cause to emit noise likely to
disturb from prolonged idling of an
engine.
Section 2.1
Schedule A
(h)
$150.00
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)
$150.00
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)
$150.00
11
Emit/Cause to emit noise likely to
disturb from the discharge of firearms.
Section 2.1
Schedule A
(k)
$150.00
12
Emit/Cause to emit noise from the
discharge of firearms outside time
permitted.
Section 2.1
Schedule A
(l)
$150.00
13
Emit/Cause to emit noise likely to
disturb from the use of air conditioning
equipment.
Section 2.1
Schedule A
(n)
$150.00
14
Emit/Cause to emit noise likely to
disturb by yelling, shouting, hooting or
other boisterous activity.
Section 2.1
Schedule A
(o)
$150.00
By-law 2016-01
Page 9
By-law 2016-01 : Noise Regulation
Note: The penalty provision(s) for the offences indicated above is Section
6.1 of by-law 2016-01 a certified Copy of which has been filed and s.61 of
the Provincial Offences Act, R.S.O. 1990, c. P.33
15
Emit/Cause to emit noise likely to
disturb the inhabitants of the Township
of Tay.
Section 2.1
Schedule A
(p)
$150.00
16
Hinder or obstruct, or attempt to hinder
or obstruct, any Officer
Section 5.1
$300.00
By-law 2016-01
Page 10
CORPORATION OF THE TOWNSHIP OF TAY
PART 1 PROVINCIAL OFFENCES ACT
By-law 2016-01 : Noise Regulation
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,
loud
speaker, musical instrument or other
sound-producing equipment.
Section
2.1
Schedule
A
(a)
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)
3
Emit/Cause to emit noise likely to
disturb from racing motorized vehicles.
Section 2.1
Schedule
A
(c)
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)
5
Emit/Cause to emit noise likely to
disturb from a motor vehicle horn or
other warning device.
Section 2.1
Schedule A
(e)
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)
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)
8
Emit/Cause to emit noise likely to
disturb from prolonged idling of an
engine.
Section 2.1
Schedule A
(h)
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)
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)
11
Emit/Cause to emit noise likely to
disturb from the discharge of firearms.
Section 2.1
Schedule A
(k)
12
Emit/Cause to emit noise from the
discharge of firearms outside time
permitted.
Section 2.1
Schedule A
(l)
13
Emit/Cause to emit noise likely to
disturb from the use of air conditioning
equipment.
Section 2.1
Schedule A
(n)
14
Emit/Cause to emit noise likely to
disturb by yelling, shouting, hooting or
other boisterous activity.
Section 2.1
Schedule A
(o)
By-law 2016-01
Page 11
By-law 2016-01 : Noise Regulation
Note: The penalty provision(s) for the offences indicated above is Section
6.1 of by-law 2016-01 a certified Copy of which has been filed and s.61 of
the Provincial Offences Act, R.S.O. 1990, c. P.33
15
Emit/Cause to emit noise likely to
disturb the inhabitants of the Township
of Tay.
Section 2.1
Schedule A
(p)
16
Hinder or obstruct, or attempt to hinder
or obstruct, any Officer
Section 5.1
WEST SERVICE
HWY 12
REEVES
CTY 27
RUMNEY
NEWTON
GRATRIX
GERVAIS
WOOD
OLD FORT
VASEY
DARBY
MCMANN
FORGETS
ROSEMOUNT
EBENEZER
FRENCH
SANDHILL
ELLIOTT
RON JONES
TRIPLE BAY
FIRST
BECKETTS
ALBIN
HOGG VALLEY
DUCK BAY
GRANNY WHITE
NIELSEN
EASTON
BAYVIEW
ROPE
PARK
FRAZER
TANNERS
VASEY
MEADOWS
±
Schedule "C"
By-law No. 2016-01
0
1
2
3
4
5
0.5
Kilometers
Residential Noise Zone
Rural Noise Zone
Legend