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THE CORPORATION OF THE MUNICIPALITY OF THAMES CENTRE
BY-LAW NO. 46-2019
Being a By-law to Control Noise in the
Municipality of Thames Centre
NOISE BY-LAW
WHEREAS the Municipal Act, 2001, S.O. 2001, Chapter 25, Section 129 (1)
provides that by-laws may be passed by the Councils of local municipalities for
prohibiting or regulating noise and vibration within the municipality;
AND WHEREAS it is deemed expedient and necessary to provide an environment
free from unusual, unnecessary or excessive noises or vibrations which may disturb the
inhabitants of the Municipality of Thames Centre;
NOW THEREFORE the Council of the Municipality of Thames Centre enacts as
follows:
1.
DEFINITIONS
1.1
"Business Areas" means those areas within the municipality zoned and
defined under the Zoning By-law as follows, but not limited to:
- General Commercial, Highway Commercial, Neighbourhood
Commercial, Office Residential or Commercial Recreation (GC1;
GC2; HC; NC; OR; CR) zones;
- General Industrial; Rural Industrial; Extractive Industrial or
Residential Industrial (M1; M2, M3; RM) zones;
- Institutional (I) Zone;
1.2
"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 or for any purpose, and includes any work in
connection therewith;
1.3
"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, pneumatics 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;
1.4
"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 vehicle if operated within the premises of a
person;
1.5
"Council" means the Council of the Municipality of Thames Centre;
1.6
"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;
1.7
"Motor vehicles" includes an automobile, motorcycle, and any other vehicle
propelled or driven otherwise than by muscular power;
1.8
"Motorized conveyances" means a conveyance propelled or driven
otherwise than by muscular, gravitational or wind power;
By-law No 46-2019
Page 2
1.9
"Municipality" means the Municipality of Thames Centre;
1.10
"Noise" means unwanted sound;
1.11
"Officer" means:
i.
any Police Officer; or
ii.
By-law Enforcement Officer, Building Inspector or Chief Building
Official as appointed by the Council of the Municipality;
1.12
"Point of Reception" means any point where sound or vibration originating
from a location other than that point is received;
1.13
"Residential Areas" means those areas within the municipality zoned and
defined under the Zoning By-law as follows:
- Urban Residential First, Second or Third Density (R1; R2; R3)
Zones;;
- Hamlet Residential (HR) Zone;
- Rural Residential (RR) Zone;
- Mobile Home Park (MHP) Zone;
- Open Space (OS) Zones within Settlement Areas;
- Environmental Protected (EP) Zone;
- Wetland (W) Zone;
1.14
"Rural Areas" means those areas within the municipality zoned and defined
under the Zoning By-law as follows:
-
Agricultural or Agricultural Restricted (A; AR) Zones;
-
Agricultural Commercial (AGC) Zone;
-
Open Space (OS) Zones outside of Settlement Areas;
-
Environmental Protected (EP) Zone;
-
Wetland (W) Zone;
1.15
"Settlement Areas" means those areas of the municipality located within
Urban, Community or Hamlet settlement areas as identified in the Thames
Centre Official Plan;
1.16
"Zoning By-law" means the Municipality of Thames Centre Comprehensive
Zoning By-law currently in effect.
2.
PROHIBITIONS
2.1
No person shall emit or cause sound resulting from an act listed in
Schedule "A" if clearly audible at a point of reception located in an area of
the municipality within a prohibited time shown for such an area.
2.2
No person shall permit the emission of sound resulting from an act listed
in Schedule "A" if clearly audible at a point of reception located in an area
of the municipality within a prohibited time shown for such an area
3.
EXEMPTION
3.1
Public Safety
Notwithstanding any other provision of this by-law, it shall be lawful to emit
or cause or permit the emission of sound or vibration in connection with
emergency measures undertaken:
3.1.1
for the immediate health, safety or welfare of any person, or
3.1.2
for the preservation or restoration of property,
By-law No 46-2019
Page 3
unless such sound or vibration is clearly of a longer duration or nature or
more disturbing than is reasonably necessary for the accomplishment of
such emergency purpose.
3.2
Agricultural Activity
Notwithstanding any provisions of this by-law, it shall be lawful to emit or
cause or permit the emission of sound or vibration in connection with the
operation of any equipment related to normal farm practices.
3.3
Educational Institutions
Notwithstanding any other provision of this by-law, it shall be lawful to emit
or cause or permit the emission of sound or vibrations in connection with
the normal operation of educational institutions during regular business
hours and/or during school authorized activities.
3.4
Traditional or Religious Activities
Notwithstanding any other provision of this by-law, this by-law does not
apply to a person who emits or causes or permits the emission of sound or
vibration in connection with any of the listed traditional, festive, religious or
other activities:
-
ringing of church bells;
-
local organization where funds are being raised for charitable
purposes.
-
sounds of any military, fair or parades approved by the Municipality
of Thames Centre, the County of Middlesex and/or the Ontario
Provincial Police.
-
Any sound arising from the operation of any railway operated under
the Railway Act of Canada
3.5
Municipal Activity
Notwithstanding any other provision of this by-law, it shall be lawful to emit
or cause or permit the emission of sound or vibrations in connection with
the operation of municipal service vehicles and related equipment
4.
GRANT OF EXEMPTION BY BY-LAW ENFORCEMENT OFFICER
4.1
Exemption - application process
Notwithstanding anything contained in this by-law, any person may make
application to the By-Law Enforcement Officer to request an exemption
from any of the provisions of this by-law with respect to any source of
sound or vibration for which they might be prosecuted.
4.2
Exemption - details of application
The application mentioned in Section 5.1 shall be made in writing, at least
sixty (60) days prior to the proposed date of the event and shall include:
4.2.1 The name and address of the applicant;
4.2.2 The location of the premises where the proposed exemption is
being sought;
4.2.3 A description of the type of sound or vibration in respect of which
the exemption is sought;
4.2.4 Statement of the particular provision or provisions of the by-law
from which the exemption is sought;
4.2.5 The reasons why the exemption should be granted; and
4.2.6 The application for exemption fees as set out in the Municipality's
current Fees and Charges By-law.
By-law No 46-2019
Page 4
4.3
Exemption - circulation for public comment
Upon receipt of an application for exemption by the Municipality, the By-
law Enforcement Officer shall notify the owners of lands within the vicinity
of the requested exemption, indicating the date and time on which the By-
law Enforcement Officer will consider the request for exemption. The
notice will outline the details of the exemption request. The notice will
request that comments or concerns about the request for exemption be in
written form and addressed to the By-Law Enforcement Officer
4.4
Exemption - appeal of decision
If an exemption is denied by the By-law Enforcement Officer, the applicant
may appeal the decision to Council within ten (10) business days of the
written decision provided by municipal staff. The appeal must be made in
writing and addressed to the By-law Enforcement Officer of the
Municipality. Council shall consider the appeal, which will be
accompanied by a report from the By-law Enforcement Officer at a
regularly scheduled meeting of Council.
4.5
Exemption - breach
Breach by the applicant of any of the terms or conditions of the exemption
shall render the exemption null and void.
5.
SEVERABILITY
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.
6.
ENFORCEMENT
6.1
Any person who contravenes any provision of this by-law is guilty of an
offence and upon conviction is liable to a fine as provided for in the
Provincial Offences Act as amended and as set out in Schedule "B", Set
Fines.
6.2
The provisions of this By-law shall be enforced by an Officer. No person shall
hinder or obstruct or attempt to hinder or obstruct, either directly or indirectly, a By-
law Officer, or any other person appointed for the purpose of enforcing this by-law.
7.
REPEALED BY-LAWS & FORCE IN EFFECT
THAT By-law 62-2003, passed by the Council of the Municipality of Thames Centre
on the 7th Day of July, 2003, be and is hereby repealed upon final approval of the
applicable set fines and short form wordings for this by-law by the Chief Judge of the
Ontario Court (Provisional Division).
READ A FIRST, SECOND time this 27th day of May, 2019.
READ a THIRD time and FINALLY PASSED this 27th day of May, 2019.
Original signed by:
_
Mayor, A. Warwick
Original signed by:
_
Clerk, T. Michiels
Schedule "A"
MUNICIPALITY OF THAMES CENTRE
Prohibitions by Time and Place
By-law 46-2019: Noise By-law
Item
Residential Areas
Rural Areas
Business
Areas
1. Excessive noise likely to
disturb the inhabitants of any
property.
At all times
At all times
At all times
2. The operation of a
combustion engine which,
i. is, or
ii is used in, or
iii is intended for use in a
toy or model or replica and
has no function other than
amusement and which is not
a conveyance.
At all times
9:00 pm - 9:00 am
At all times
3. The operation of any
combustion engine or
pneumatic device without an
effective exhaust muffling
device in good working order
and in constant operation.
At all times
At all times
At all times
4. The operation of a vehicle or
vehicle with a trailer resulting
in banging, clanking,
squealing, squealing of tires,
or other like sounds due to
improperly secured load or
equipment of inadequate
maintenance.
At all times
At all times
At all times
5. The operation or maintenance
of an engine or motor in, or
on, any motor vehicle or item
or attached auxiliary
equipment for a continuous
period exceeding five
minutes while such vehicle is
stationery.
8:00 pm - 7:00 am
At all times
9:00 pm - 7:00 am
6. The operation of any
electronic device or group of
connected electronic devices
incorporating one or more
loudspeakers or other
electromechanical
transducers and intended for
the production, reproduction,
or amplification of sound.
11:00 pm - 7:00 am
11:00 pm -7:00 am
1:00 am - 11:00 am
Schedule "A" (Continued)
MUNICIPALITY OF THAMES CENTRE
Prohibitions by Time and Place
By-law 46-2019: Noise By-law
Item
Residential
Areas
Rural Areas
Business
Areas
7. The operation of any
auditory signaling devices,
including but not limited to
the ringing of bells or gongs
and the blowing of horns or
sirens or whistles, or the
production, reproduction or
amplification of any similar
sounds by electronic means
except where required or
authorized by law or in
accordance with good safety
practices.
7:00 pm - 11:00 am
7:00 pm - 11:00 am
1:00 am - 11:00 am
8. The operation of any
motorized conveyance other
than on a highway or other
place intended for its
operation.
At all times
N/A
At all times
9. Racing of any motorized
conveyance.
At all times
At all times
At all times
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.
At all times
9:00 pm to 7:00 am
9:00 pm to 7:00 am
11.Persistent barking, calling, or
whining or other similar
persistent noise making by
any domestic pet or any
other animal kept or used for
any purpose other than
agriculture.
At all times
At all times
At all times
12. The operation of a
commercial car wash with or
without air drying equipment.
12:00 am - 6:00 am
N/A
N/A
13. The operation of a power
assisted hang glider or
parasail.
At all times
N/A
At all times
Schedule "A" (Continued)
MUNICIPALITY OF THAMES CENTRE
Prohibitions by Time and Place
By-law 46-2019: Noise By-law
Item
Residential Areas
Rural Areas
Business
Areas
14. The operation of any item of
snow making equipment.
At all times
N/A
N/A
15. All selling or advertising by
shouting or outcry or
amplified sound.
At all times
N/A
7:00 pm - 7:00 am
16. Loading, unloading,
delivering, packing,
unpacking, or otherwise
handling any containers,
products, materials, or
refuse, whatsoever, unless
necessary for the
maintenance of essential
services.
Midnight - 6:00 am
N/A
N/A
17. The operation of any motor
vehicle or equipment in
connection with construction.
8:00 pm - 7:00 am
8:00 pm - 7:00 am
8:00 pm - 7:00 am
18. The operation or use of any
tool for domestic purposes
other than snow removal.
11:00 pm - 7:00 am
N/A
N/A
19. The operation of solid waste
bulk lift or refuse compacting
equipment.
7:00 pm - 7:00 am
N/A
N/A
Schedule "B"
MUNICIPALITY OF THAMES CENTRE
Part 1 Provincial Offences Act
By-law 46-2019: Noise By-law
ITEM
COLUMN 1
Short Form Wording
COLUMN 2
Provision
creating or
defining offence
COLUMN 3
Set Fine
1.
Noise excessive and likely to disturb when prohibited
s. 2 Sch. A (1)
$150.00
2.
Noise from operation of combustion engine when
prohibited
s. 2 Sch. A (2)
$150.00
3.
Noise from ineffective muffling device when
prohibited
s. 2 Sch. A (3)
$150.00
4.
Noise from vehicle requiring maintenance or insecure
load when prohibited
s. 2 Sch. A (4)
$150.00
5.
Noise from engine while stationary for greater than
five minutes when prohibited
s. 2 Sch. A (5)
$150.00
6.
Noise from electronic device with speaker producing
sound when prohibited
s. 2 Sch. A (6)
$150.00
7.
Noise from auditory signaling device when prohibited
s. 2 Sch. A (7)
$150.00
8.
Noise from a motorized conveyance when prohibited
s. 2 Sch. A (8)
$150.00
9.
Noise from racing of a motorized conveyance when
prohibited
s. 2 Sch. A (9)
$150.00
10.
Noise from release of gas pressure when prohibited
s. 2 Sch. A (10)
$150.00
11.
Noise from persistent whining or barking of domestic
pet when prohibited
s. 2 Sch. A (11)
$150.00
12.
Noise from commercial car wash when prohibited
s. 2 Sch. A (12)
$150.00
13.
Noise from power glider or parasail when prohibited
s. 2 Sch. A (13)
$150.00
14.
Noise from snow making equipment when prohibited
s. 2 Sch. A (14)
$150.00
15.
Noise from selling or advertising when prohibited
s. 2 Sch. A (15)
$150.00
16.
Noise from handling containers or materials when
prohibited
s. 2 Sch. A (16)
$150.00
17.
Noise from construction when prohibited
s. 2 Sch. A (17)
$150.00
18.
Noise from tool for domestic purposes when
prohibited
s. 2 Sch. A (18)
$150.00
19.
Noise from waste lift or compacting when prohibited
s. 2 Sch. A (19)
$150.00
NOTE: The penalty provision(s) for the offence(s) indicated above is Section 6.1 of the
By-law No. 46-2019, a certified copy of which by-law has been filed.