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THE CORPORATION OF THE TOWNSHIP OF TERRACE BAY
BY-LAW NO. _3_-2011
A By-law to regulate noise in the Township of Terrace Bay
WHEREAS Section 11(1) (6) of the Municipal Act, 2001 provides that a Council
may pass by-laws, subject to the rules set out in subsection (4) to provide for the
health, safety and welfare of persons;
AND WHEREAS Council recognizes that individuals have a right to and should
be ensured an environment free from unusual, unnecessary or excessive sound or
vibration which may degrade the quality and tranquility of their life or cause
nu1Sance;
AND WHEREAS the Council of the Corporation of the Township of Terrace Bay
considers it desirable and necessary to control noise within the Municipality;
NOW THEREFORE the Council of
The Corporation of The Township of
Terrace Bay hereby enacts as follows:
1.
Interpretation
1.01
Wherever a term set out below appears in the text of this bylaw with its
initial letters capitalized, the term is intended to have the meaning set
out for it in this Section 1.01. Wherever a term below appears in the text
of this by-law in regular case, it is intended to have the meaning
ordinarily attributed to it in the English language.
a) By-law means this By-law, including its recitals and schedules, which
form integral parts of it, as amended from time to time.
b)
Construction means the erection, alteration, repair, dismantling,
demolition, structural maintenance, painting, moving, land clearing,
earth moving, grading, excavation, blasting and detonation of explosive
devices other than fireworks, 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 or for any purpose,
including any associated or related work.
c) 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.
d) Corporation means the Corporation of the Township of Terrace Bay.
e)
Council means the Council of the Corporation of the Township of
Terrace Bay.
f)
Emergency means a situation or an impending situation, often
dangerous, caused by the forces of nature, an accident, an intentional act
or otherwise, which arises suddenly and calls for prompt action.
g)
Highway includes a common and public highway, street, avenue,
parkway, driveway, square, place, bridge, viaduct or trestle designed and
intended for, or used by, the general public for the passage of vehicles.
h) Motor Vehicle means an automobile, bus, truck, motorcycle, motor
assisted bicycle, all-terrain vehicle, and any other vehicle propelled or
driven other than by muscular power, but does not include a traction
engine, farm tractor, other farm vehicle or road-building machine.
i)
Municipal Bylaw Enforcement Officer means any person duly
appointed to enforce the provisions of this By-law or any member of the
Ontario Provincial Police.
j) Municipal Service Vehicle means a Motor Vehicle operated by or on
behalf of the Corporation or a local board of the Corporation while the
Motor Vehicle is being used for the construction, repair or maintenance of
a highway, including the clearing and removing of snow, the construction,
repair or maintenance of a utility, the collection to transportation of
waste, or other municipal purpose.
k) Municipality means the land within the geographic limit of the
Municipality of Terrace Bay.
1) Noise means sound that is unusual or excessive, or that is reasonably
unwanted by or disturbing to persons, in the circumstances within which
it occurs.
m) Point of Reception means any point on the premises of a person where
sound or vibration originating from other than those premises is received.
n) Premises means any land or building which is not a Residence.
o) Utility means a system that is used to provide a utility service to the
public, including water, sewage, electricity, communications network or
cable services.
p) Utility Service Vehicle means a motor vehicle operated by or on behalf
of the Corporation or any other companies or agencies that supply or
manage a Utility within the Municipality of Terrace Bay, while the motor
vehicle is being used for the construction, repair or maintenance of that
Utility.
2.
Zones
In this By-law,
2.01
a) Residential Area means those areas of the municipality specified as
follows:
Those areas labeled "R-1", R-1-1", "R-2", "RM", "RM-1", "C", "CH", "I", and
"08" on any valid zoning by-law map for the Municipality of Terrace Bay.
3.
General Prohibitions
3.01
General Noise Prohibition: No person shall make, cause or permit the
making of Noise within Terrace Bay that is likely to disturb the
inhabitants of Terrace Bay.
3.02
Specific Noise Prohibitions: No person shall make, cause or permit the
making of Noise within Terrace Bay that is the result of any of the
activities described in Schedule "A" and that is audible to:
a) a person in a Premises or a Motor Vehicle other than the Premises or
Motor Vehicle from which the noise is originating; or
b) a person in a Residence other than the Residence from which the Noise
is originating.
3.03
Specific Noise Prohibitions by Time: No person shall make, cause or
permit the making of Noise within Terrace Bay that is the result of any of
the activities listed in the table in Schedule "A", that is audible to:
a) A person in a Premises or a Motor Vehicle other than the Premises or
Motor Vehicle from which the Noise is originating; or
b) A person in a Residence other than the Residence from which the
Noise is originating.
3.04
Exemption for Emergencies:
This By-law does not prohibit Noise
reasonably necessary resulting from measures undertaken in a
Emergency for the immediate health, safety or welfare of the inhabitants
of Terrace Bay or for preservation or restoration of property.
3.05
This By-law does not prohibit Noise for which Council approve has been
granted.
3.06
This By-law does not prohibit Noise caused by any one or more of the
following activities:
a) the operation of Municipal Service Vehicles and related equipment;
b) the operation of Utility Service Vehicles and related equipment;
c)
special events that are sanctioned or approved by the Corporation,
including: festivals, races, parades, etc.;
d) the operation of bells, chimes, carillons and clocks on churches, schools
or public buildings;
e)
cultural, recreational, educational and political events in parks or
other public areas that are sanctioned or approved by the Corporation;
f) the operation of a fire alarm system
Article 4 Grant of Exemption by Council
4.01
Grant of Exemption
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
for which he might be prosecuted and Council, by resolution, 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 six months, during which it is effective and
may contain such terms and conditions as Council sees fit.
4.02
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 sees fit.
4.03
Breach
Breach by the applicant of any of the terms or conditions of any
exemption granted by Council shall render the exemption null and void.
Article 5 Enforcement & Penalties
5.01
Enforcement:
This By-law may be enforced by any Municipal Law
Enforcement Officer, or by way or private information sworn in
accordance with the Provincial Offences Act.
5.02
Penalties: Every person who commits an offence under this By-law is,
upon conviction, liable to a fine or penalty as provided for in the
Provincial Offences Act.
Article 6
Repeal
6.01
By-law 369 is hereby repealed.
6.02
This By-law shall come into force and take effect upon approval of the set
fines associated with it by the Regional Chief Justice in accordance with
Part I of the Provincial Offences Act, and Rule 6 of Regulation 200 passed
pursuant to the Courts of Justice Act.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS
24th DAY OF JANUARY, 2011.
Bylaws-Noise Bylaw 2010
Schedule A
General Noise Prohibitions
1. Racing of any motorized conveyance other than in a racing event regulated by law.
2. The operation of a motor vehicle in such a way that the tires squeal.
3. Operation of a stereo system or other similar device within a vehicle in such a manner
that the sound, or vibration caused by the sound, is perceptible outside the vehicle.
4.
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.
5. The operation of a vehicle or a vehicle with a trailer resulting in banging, clanking,
squealing or other like sounds due to improperly secured load or equipment, or inadequate
maintenance.
6.
The operation of any item of Construction Equipment without an effective exhaust
muffling device that is in good working order and in constant operation,
7. 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 Area 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 lower 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 or antifreeze, cleaning of the fuel system,
carburetor or the like, when such work is performed other than for profit; or
vi. 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; or
vii.
the operation of any item of construction equipment in a Residential area
without effective muffling devices in good working order and in constant operation.
8. Permitting the persistent barking, calling, whining, or making other Noise, by animals
or birds.
9. Permitting, causing or making Noise by shouting, yelling, hooting, whistling, or singing.
10. The venting, release or pressure relief of air, steam or other gaseous material, product
or compound from any autoclave, boiler, pressure vessel, pipe, valve, machine, device or
system.
11. All selling or advertising by shouting or outcry or amplified sound.
12.
Disturb the peace by use of [radio][phonograph][cassette player][compact disc
player] [piano] [musical instrument] [other instrument] [public address system.
13. Use of public address system in public without permission
Schedule A
General Noise Prohibitions cont'd
14. Make unusual noise.
15. Make noise liable to disturb the inhabitants.
16. Make noise by false alarm of fire.
17. Make, cause or permit the making of noise through operation of outdoor auditory
signaling device.
18. Make, cause or permit the making of noise through inadequately maintained air
conditioning devices, venting systems or fans.
19. Make, cause or permit the making of noise through operation of a motor vehicle other
than on a place intended for its operating.
20. Make, cause or permit the making of noise through operation of tools for domestic
purposes.
21. Make, cause or permit the making of noise through the operation of compression brakes
on a highway.
Schedule "B"
ITEM
COLUMN I -Short Form Wording
COLUMN2
COLUMN
Provision
3 Set
creating or
Fine
defining; Offence
1
Disturb the peace by use of
Section 3.02 Sch. A
$55.00
[radio] [phonograph] [cassette player] [compact
(12)
disc player] [piano] [musical instrument] [other
instrumentlfpublic address systeml
2
Use of public address system in public without
Section 3.02 Sch. A
$55.00
perm1ss10n
(13)
3
Make unusual noise
Section 3.02 Sch. A
$55.00
(14)
4
Make noise liable to disturb the inhabitants
Section 3.02 Sch. A I $55.00
(15)
5
Make noise by false alarm of fire
Section 3.02 Sch. A
$55.00
(16)
6
Make, cause or permit the making of noise
Section 3.01
110.00
likely to disturb the inhabitants
7
Make, cause or permit the making of noise by Section 3.02 Sch. A
110.00
squealing of the tires of a motor vehicle
(2)
8
Make, cause or permit noise and/or vibration Section 3.02 Sch. A
110.00
outside a vehicle caused by the operation of a
(3)
stereo or similar device within the vehicle
9
Make, cause or permit the making of noise
Section 3.02 Sch. A
110.00
through operation of an engme without a
(4)
working muffling device
10
Make cause or permit the making of noise
Section 3.02 Sch. A
110.00
through operation of construction equipment
(6)
without a working muffling device
11
Make, cause or permit the making of noise
Section 3.02 Sch. A
110.00
through
inadequately
maintained
motor
(5)
vehicle
12
Make, cause or permit the making of noise
Section 3.02 Sch. A
110.00
through inadequately secured load on a motor
(5)
vehicle
13
Make, cause or permit the making of noise
Section 3.02 Sch. A
110.00
through operation of outdoor auditory signaling
(17)
device
14
Make, cause or permit the making of noise
Section 3.02 Sch. A
110.00
through
inadequately
maintained
air
(18)
conditioning devices, venting systems or fans
15
Make, cause or permit the making of noise by Section 3.02 Sch. A
110.00
shouting, yelling, hooting, whistling or singing
(9)
16
Make, cause or permit the making of noise by Section 3.02 Sch. A
110.00
idling any stationary vehicle or equipment for a
(7)
continuous period of more than five minutes
17
Make, cause or permit the making of noise
Section 3.02 Sch. A
110.00
through construction in prohibited area
(7) (vii)
18
Make, cause or permit the making of noise
Section 3.02 Sch. A
110.00
through operation of a motor vehicle other than (19)
on a place intended for its operating
19
Make, cause or permit the making of noise
Section 3.02 Sch. A
110.00
through
operation
of tools
for
domestic
(20)
purposes
20
Make, cause or permit the making of noise
Section 3.02 Sch. A
110.00
through the operation of compression brakes on
(21)
a highway
NOTE: The general penalty provision for the offences listed above is Article 5 of bylaw no. ___ , a
certified copy of which has been filed.