Noise By-law No. 12-1068

Temagami, Ontario · No. 12-1068 · adopted 2012-06-28 · summary & facts

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THE CORPORATION OF THE MUNICIPALITY OF TEMAGAMI BY-LAW NO. 12-1068 Being a bylaw to prohibit and regulate certain noises in the Municipality. WHEREAS the Municipal Act S.O. 2001, C.25, S.129 (a) provides that a Municipality may pass by-laws for prohibiting Noises; AND WHEREAS the Municipal Act S.O. 2001, C.25, S.129 (b) provides that a Municipality may through permit grant exemptions; AND WHEREAS the Council of the Municipality of Temagami passed By-law 08-796 on the 23rd day of October, 2008, to regulate and prohibit unusual Noise, or Noises likely to disturb the inhabitants of the Municipality; AND WHEREAS the Council of the Municipality of Temagami deems it desirable to repeal and replace said by-law to add set fines for offences; NOW THEREFORE the Council of the Corporation of the Municipality of Temagami hereby enacts the following: 1. That the regulation and prohibition of unusual Noise, or Noises likely to disturb the inhabitants of the Municipality be hereby set as specified in Schedule "A" to this by-law along with the set fines as specified in Appendix 1 of Schedule "A" hereto attached and forming part of this by-law, 2. That this by-law shall repeal and replace By-law 08-796. 3. That this by-law shall come into force and take effect on the date of its final passing. 4. That the Clerk of the Municipality of Temagami is hereby authorized to make minor modifications or corrections of a grammatical or typographical nature to this by-law and schedule, after the passage of this by-law, where such modifications or corrections do not alter the intent of the by-law. BE TAKEN AS READ A FIRST time on this 7th day of June, 2012. BE TAKEN AS READ A SECOND time on this 28th day of June, 2012. BE TAKEN AS READ A THIRD time and finally passed this 28th day of JM^, 2012 Bylaw 12-1068 Noise By-law Page 1 of 8 SCHEDULE "A" TO BY-LAW NO. 12-1068 BEING A BY-LAW TO PROHIBIT AND REGULATE CERTAIN NOISES IN THE MUNICIPALITY. INDEX Part 1 DEFINITIONS GENERAL PROVISIONS 1.1 Short title 1.2 Scope 1.3 Enforcement 1.4 Conflicts with other By-laws Part 2 GENERAL PROHIBITIONS 2.1 Likely to disturb - unusual - prohibited 2.2 Likely to disturb - unusual set out 2.3 Horn - Siren - Bell 2.4 Radio - loud speaker - other - annoying - disturbing 2.5 Shouting - Verbal Sound 2.6 Animal - bird - disturbing peace - quiet 2.7 Vehicle - rattling - in disrepair - maladjusted 2.8 Vehicle - load - improperly secured 2.9 Exhaust - discharge - without muffler 2.10 Construction - excavation - 9 p.m. to 7 a.m. Sunday to Saturday 9 p.m. to 9 a.m. Saturday to Sunday 2.11 Residential Power equipment - use - 10 p.m. to 7 a.m. Sunday to Saturday 10 p.m. to 8 a.m. Saturday to Sunday Part 3 EXEMPTIONS 3.1 Commercial Exemption 3.2 Industrial Exemptions 3.3 Public Celebration - Election - Gathering 3.4 Authorized Emergency Vehicles 3.5 Snow Removal 3.6 Traditional, Activities 3.7 Railway - operations - under Railway Act Part 4 GRANT OF EXEMPTIONS BY COUNCIL 4.1 Council may grant exemption 4.2 Form of Application 4.3 Exemption Application to be published 4.4 Procedure 4.5 Procedure breach of Provisions of Exemption Part 5 ENFORCEMENT 5.1 Offence - Penalty 5.2 Continuation - New Offence 5.3 Continuation - Repetition - Prohibited - By Order Part 6 SEVERABILITY 6.1 Validity Bylaw 12-1068 Noise By-law Page 2 of8 Part 1 DEFINITIONS "Authorized Emergency Vehicle" includes any ambulance or hearse, any vehicle of the fire department, any vehicle of the municipal, provincial or federal police, any vehicle including snow removal equipment operated by or for the Municipality or a public utility company while actively engaged in the construction, maintenance or repair of any highway, or any equipment or facilities thereon and any vehicle or equipment required to address an ongoing or imminent danger to persons or property or any extraordinary response required to mitigate harm to the environment or community. "Municipality" means the Municipality of Temagami. "Commercial Zone" means the area of land designated as commercial use as prescribed in the Zoning By­ law. "Construction" includes erection, alteration, repair, dismantling, demolition, structural maintenance, painting, or moving of any building or structure, the clearing of land, earth moving, grading, excavating, the laying of pipe and conduit whether above or below grade 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" 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, otf-highway haulers or trucks, ditchers, compactors and rollers, pumps, concrete mixers, graders or other material handling equipment. "Corporation" means the Corporation of the Municipality of Temagami. "Council" means the Council of the Municipality of Temagami. "Highway" includes a common and public highway, street, road, crescent, avenue, parkway, driveway, square, place, bridge, viaduct or trestle designed and intended for, or used by, the general public for the passage of vehicles. "Industrial Zone" means the area of land designated as industrial use as prescribed in the Zoning By-law. "Inhabitants" means those person(s) occupying or residing within the municipality. "Lot Line" means the boundary line between adjoining properties and or the boundary line between a property and a highway, laneway, municipal sidewalk or municipal road allowance. "Motor Vehicle" includes an truck, automobile, motorcycle, motorized snow vehicle, all terrain vehicle and any other vehicle propelled or driven otherwise than by muscular power; but does not include a farm tractor or construction equipment. "Municipality" means the land within the geographic limit of the Municipality of Temagami. " Noise (s)" means unwanted sound. Bylaw 12-1068 - Noise By-law Page 3 of 8 "Owner" means and includes: the person for the time being managing or receiving the rent of the land or premises in connection with which the word is used, whether on the person 5 own account or as an agent or trustee of any other person, or who would so receive the rent if such land and premise were let. "Person" means an individual, firm or corporation. "Residential Zone" means the area of land designated as residential use as prescribed in the Zoning By­ law. "Rural Zone" means the area of land designated as rural use as prescribed in the Zoning By-law. "Zone" means the various areas into which the Municipality is divided into in accordance with the Zoning By-law. "Zoning By-law" means all current by-laws and amendments thereto and any subsequent by-laws which may be enacted in substitution therefore under the Planning Act with respect to land use within the Municipality. GENERAL PROVISIONS 1.1 Short Title This By-law shall be cited as the "Noise By-law". 1.2 Scope The provisions of this By-law shall apply to all property within the geographic limits of the Municipality, except where otherwise provided. 1.3 Enforcement This By-law shall be enforced by a Municipal Law Enforcement Officer or Police Officer 1.4 Conflicts with other by-law Where provisions of this By-law, conflict with a provision of another by-law in force in the Municipality, the provisions that establish the higher standard in terms of protecting the health, safety and welfare of the general public and the environmental well being of the municipality, shall prevail to the extent of the conflict. Part 2 GENERAL PROHIBITIONS 2.1 Likely to disturb - unusual - prohibited 2.1.1 No Person or Owner shall cause, or permit to be caused, any unusual noise or noises likely to disturb inhabitants to be generated for an unnecessary or unreasonable period of time. 2.1.2 No Person or Owner shall cause, or permit to be caused, any unnecessary or unreasonable noise or noises likely to disturb inhabitants between the hours of 10:00 PM to 7:00 AM of the following day. 2.2 Likely to disturb - unusual - set out For the purpose of and not so as to limit the generality of section 2.1 of this by-law, the noises or sounds set out in sections 2.3 to 2.11 inclusive of this by-law shall be deemed to be unusual noise or noises likely to disturb inhabitants. Bylaw 12-1068 Noise By-law Page 4 of 8 2.3 Horn - Siren - Bell Any sounds or noises caused by the use or operation of any horn, bell, siren, signal device or other sound-producing device whether stationary or on any motor vehicle or bicycle is prohibited. 2.4 Radio - loud speaker - other - annoying - disturbing The sounds or noises from or created by any radio or phonograph, public address system, sound equipment, loud speaker, or similar device or devices, or any musical or sound producing instrument of whatever kind, when such device or instrument is played or operated in such a manner or with such volume, as to likely annoy or disturb the peace, quiet, comfort of repose of any individual in any location beyond the Lot Line of the property on which such device or instrument is located, is prohibited. 2.5 Shouting - Verbal Sound Any noises caused by loud shouting, or excessive sound generated by a human voice, is prohibited. 2.6 Animal - Bird - disturbing peace - quiet Any noises made by any domestic pet, or any other animal kept or used for any purpose other than agriculture, which is likely to disturb the peace, or comfort of any individual in any location beyond the Lot Line of the property on which such domestic pet, or other animal is located, is prohibited. 2.7 Vehicle - rattling - in disrepair - maladjusted The grating, grinding, or rattling noises or sounds caused by condition of disrepair or maladjustment of any motor vehicle, or other vehicle, or part or accessory thereof is prohibited. 2.8 Vehicle - load - improperly secured The noises created by driving any motor vehicle, or other vehicle bearing material, articles or things which are loaded upon such vehicles in such a manner as to create such noises is prohibited. 2.9 Exhaust - discharge - without muffler The discharge into the open air of the exhaust of any stationary internal combustion engine or motor vehicle except through a muffler or other device, which effectively prevents loud or explosive noises, is prohibited. 2.10 Construction - excavation - 9 p.m. to 7 a.m. Sunday to Saturday 9 p.m. to 9 a.m. Saturday to Sunday Between the hour of 9:00 o'clock p.m. of any day and 7:00 o'clock a.m. of the next following day, Sunday to Saturday and 9:00 o'clock p.m. Saturday until 9:00 o'clock a.m. Sunday, any noises arising from any construction and the operation of any construction equipment related thereto is prohibited. 2.11 Residential Power equipment - use - 10 p.m. to 7 a.m. Sunday to Saturday 10 p.m. to 8 a.m. Saturday to Sunday Between the hours of 10:00 o'clock p.m. of any day and 7:00 o'clock a.m. of the next following day, Sunday to Saturday, and 10:00 o'clock p.m. Saturday until 8:00 o'clock a.m. Sunday, the noises or sounds created by the use or operation of any residential power equipment including lawn and garden maintenance equipment and chainsaws is prohibited. Bylaw 12-1068 - Noise By-law Page 5 of8 Part 3 EXEMPTIONS 3.1 Commercial Exemption Notwithstanding any other provision of this by-law, this by-law does not apply to a commercial use that emits, or causes, or permits the emission of sound or vibration that is normal and incidental to the Commercial Zone, provided all necessary steps have been made to limit the amount of noise created. 3.2 Industrial Exemption Notwithstanding any other provision of the by-law, this by-law does not apply to a Person or industry use that emits, causes, or permits the emission of sound or vibration that is normal an incidental to the Industrial Zone. 3.3 Public Celebration - Election - Gathering None of the provisions of this by-law shall apply to the use in a reasonable manner of any apparatus or mechanism for the amplification of the human voice or of music in a public park or any other commodious space in connection with any public election meeting, public celebration or other lawful gathering, provided that Council of the Corporation has passed a resolution in accordance with Section 4. 3.4 Authorized Emergency Vehicles None of the provisions of this by-law shall apply to any authorized emergency vehicle answering a call or carrying out their duties. 3.5 Snow Removal None of the provisions of this by-law shall apply to any vehicle of the Corporation or their agents working on behalf of the Corporation to perform snow removal, snow plowing or snow clearing on any Municipal Highways and properties or to private contractors or persons performing snow removal, snow plowing or snow clearing. 3.6 Traditional, Activities Notwithstanding any other provision of this by-law, this by-law does not apply to a person who emits, causes, or permits the emission of sound in connection with any activity or event authorized by Council including the following; Fire works, Fairs, parades, exhibitions, celebrations or concerts. 3.7 Railway - operations - under Railway Act None of the provisions of this by-law shall apply to any sound arising from the operation of any railway, which operates under the Railway Act of Canada. Part 4 GRANT OF EXEMPTIONS BY COUNCIL 4.1 Council may grant exemption Council may by resolution, upon receipt of written application, grant an exception to provisions of the by-law for a specified period of time, not to exceed 6 months, subject to such terms and conditions as considered reasonable and appropriate. 4.2 Form of Application The application shall include: a) the name and address of the applicant; b) a description of the source of the sound in respect of which an exemption is being sought; Bylaw 12-1068 - Noise By-law Page 6 of 8 c) a statement of the section of the by-law for which an exemption is being sought; d) the period of time for which the exemption is being sought; e) the reason why an exemption is being sought. 4.3 Exemption Application to be published Such applications shall be accompanied by proof of publication, within the preceding ten days, in a newspaper of general circulation within the applicable service area of the Corporation, of a notice of intention to apply for an exemption to this by-law, containing the information required by Clauses 4.2(a) through (e) inclusive and stating the date upon which the application to Council is intended to be made. 4.4 Procedure In deciding whether to grant the exemption, Council will review the application and any written or verbal submissions and grant the applicant and any Person opposed to the application an opportunity to speak in accordance with Council's Procedural By-law. 4.5 Procedure breach of Provisions of Exemption Where an exemption is granted, any breach of the terms or conditions shall render the exemption null and void. Part5 ENFORCEMENT 5.1 Offence - Penalty Every Person who contravenes a section of the By-law is, upon conviction, guilty of an offence and subject to a penalty as provided under the "Provincial Offences Act". Every person who contravenes, suffers or permits any act or thing to be done in contravention of, or neglects to do or refrains from doing anything required to be done pursuant to any provisions of this By-law or any permit or order issued pursuant thereto, commits an offence and except where specifically provided in Appendix "1", shall be liable to a penalty as provided under the "Provincial Offences Act". 5.2 Continuation - New Offence Each new day of a continuing offence will be considered a new offence. 5.3 Continuation - Repetition - Prohibited - By Order The Court in which 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, and such order shall be in addition to any other penalty imposed and enacted as such. Part 6 SEVERABILITY 6.1 Validity It is declared that notwithstanding that any section or sections of this by-law, or parts thereof, may be found by any court of law to be bad or illegal or beyond the power of the Council to enact, such section or sections or parts thereof shall be deemed to be severable and that all sections or parts of this by-law are separate and independent from the other and enacted as such. Bylaw 12-1068 Noise By-law Page 7 of 8 THE CORPORATION OF THE MUNICIPALITY OF TEMAGAMI Appendix "1" OF Schedule "A" TO NOISE BY-LAW NO. 12-1068 PART 1 PROVINCIAL OFFENCES ACT SET FINES Item COLUMN 1 Short form wording COLUMN 2 Offence creating provision or Defining offence COLUMN 3 Set fine 1 Cause noise. Section 2.1 $100.00 2 Noise caused by hom. Section 2.3 $100.00 3 Noise caused by speaker. Section 2.4 $100.00 4 Noise caused by shouting. Section 2.5 $100.00 5 Noise caused by pet. Section 2.6 $100.00 6 Noise caused by vehicle. Section 2.7 $100.00 7 Noise caused by load improperly secured. Section 2.8 $100.00 8 Noise caused by engine. Section 2.9 $100.00 9 Noise caused by construction. Section 2.10 $100.00 10 Noise caused by residential equipment. Section 2.11 $100.00 Note: The general penalty provision for the offences listed above is Section 5.1 of Schedule "A" to By-law No. 12-1068, a certified copy of which has been filed. Bylaw 12-1068 Noise By-law Page 8 of8