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OFFICE CONSOLIDATION
CITY OF TIMMINS
A BY-LAW TO PROVIDE FOR THE PROHIBITION
AND REGULATION OF CERTAIN NOISES
BY-LAW 2006 - 6339
AS AMENDED
Office Consolidation
This consolidated version of By-law No. 2006-6339, as amended, is prepared for the purpose of
convenience only and for accurate reference, recourse should be had to the original By-law, and
all amending By-laws.
Amendment: 2007-6420
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THE CORPORATION OF THE CITY OF TIMMINS
BY-LAW NO. 2006-6339
BEING A BY-LAW to provide for the prohibition and regulation of certain Noises in the City of Timmins
WHEREAS the Municipal Act, 2001 S.O., C.25, S.129 (1), provides that a Municipality may pass by-laws for
prohibiting Noises,
AND WHEREAS the Council of the City of Timmins deems it necessary to regulate and prohibit unusual
Noises, or Noises likely to disturb the inhabitants of the Municipality,
NOW THEREFORE the Council of the Corporation of the City of Timmins enacts as follows:
1.
Definitions
"Authorized Emergency Vehicle" includes any ambulance or hearse, any vehicle of the fire department, any
vehicle of the local, provincial or federal police, any vehicle (including a snow plough) operated by or for the
City of Timmins or a public utility company while actively engaged in the construction, maintenance or repair of
any highway, or any equipment or facilities thereon, or a snow plough or other or other maintenance vehicle
operated by or for the Corporation of the City of Timmins
"Commercial, Industrial, Rural Agricultural and Residential Zones" mean the various zones as defined
in the City of Timmins Zoning By-law 1977-850 and amendments thereto.
"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.
"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, scraper, pavers, generators, off-highway
haulers or trucks, ditchers, compactors and rollers, pumps, concrete mixers, graders, or other material
handling equipment.
"Corporation" means The Corporation of the City of Timmins
"Council" means the Council of The Corporation of the City of Timmins.
"Highway" includes a common and public highway, street, avenue, lane, parkway, driveway, square, place,
bridge, viaduct or trestle designed and intended for, or used by, the general public for the passage of vehicles.
"Motor Vehicle" includes an automobile, motorcycle, and any other vehicle propelled or driven otherwise than
by muscular power; but does not include the cars of electric or steam railways, or other Motor Vehicle running
only upon rails, or a motorized snow vehicle, traction engine farm tractor, self-propelled implement of
husbandry or road-building machine within the meaning of the Highway Traffic Act.
"Municipality" means the land within the geographic boundaries of the Corporation of the City of Timmins.
"Noise" means unwanted sound.
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"Person" includes a sole proprietorship, a firm, a partnership, a co-partnership, an association, a corporation, and
the heirs, executors, administrators, or other legal representatives of a person to whom the context can apply
according to law.
"Residential Area" means seasonal and permanent dwelling in the following zones: R1, R2, R3, RM1, RM2,
RE1, RE2, RS and RMH.
2.
General Prohibitions
2.1 Likely to Disturb - Unusual - Prohibited
No Person shall cause or permit to be caused any unusual Noises, or Noises likely to disturb the
inhabitants.
2.1.1
Likely to Disturb - Unusual - Set Out
For the purpose of Section 2 of this by-law, Noises deemed to constitute unusual Noises or
Noises likely to disturb the inhabitants shall include, but are not limited to, those set out in
sections 2.1.2 to 2.1.10 of this by-law.
2.1.2
Horn - Siren - Bell - Restricted
The sounding of a bell, horn, siren, or signal device for an unnecessary or unreasonable
period of time is restricted.
2.1.3
Radio - Loud Speaker - Other
Unless specific permission is granted by the Corporation, the sound or Noise from or created
by any radio, phonograph, public address system, sound equipment, loud speaker, or similar
device or devices, or any musical or sound producing instrument or whatever kind, when such
device or instrument is played or operated in such a manner or with such volume:
a) as to likely annoy or disturb the peace, quiet, comfort of repose of any individual in any
type of dwelling; and/or
b) in the case of a device or instrument located in any commercial building or structure, as to
be plainly audible upon the public streets at a distance of 8 metres (26.24 feet) from the
building or structure in which such device or instrument is located: is prohibited.
2.1.4
Construction - Excavation
Any Noise arising between the hour of 10:00 o'clock p.m. of any day and 7:00 o'clock a.m. of
the next following day from any excavation or construction work whatsoever, including the
erection, demolition, alteration or repair of any building, and/or use of Construction
Equipment, is prohibited, except in case of urgent necessity and then under a special permit
from the Chief Building Official or the Director of Public Works and Engineering for the
Corporation.
2.1.5
Loud Speaker - Horn - Other - Restricted
Any Noise created by the use or operation of any drum, horn, bell, radio or mechanical
loudspeaker, or other instrument or device or sound-producing, or sound transmitting
instrument or apparatus for the purpose of advertising or for attracting attention to any
performance, show or sale or display of goods, wares or merchandise or that projects any
Noise into any street or other public place is prohibited, unless the Council of Corporation
has passed a resolution in accordance with section 5.
2.1.6
Firearms - Discharge - Exception
Any Noise caused by the discharge of any gun or other firearm, air gun and spring-gun or
any class or type thereof is prohibited in any of the areas described in City of Timmins by-law
1991-3778 and amendments thereto. This prohibition shall not apply to peace officers in the
performance of their duties.
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2.1.7
Shouting - Verbal Sounds
Any Noise caused by loud shouting, or excessive sounds generated by a human voice,
which is likely to disturb the peace, quiet, comfort or repose of any individual in any type of
dwelling is prohibited.
2.1.8
Animal - Disturbing Peace
Any Noise made by an animal or bird, which is likely to disturb the peace, quiet, or comfort of
any person in any type of dwelling is prohibited.
2.1.9
Vehicle
The grating, grinding, or rattling Noises or sound caused by condition of disrepair or
maladjustment of any motor vehicle, motorcycle, or other vehicle, or part or accessory
thereof is prohibited.
2.1.10
Power Equipment - Use - Time Restrictions
Between the hours of 10:00 p.m. of any day and 7:00 a.m. of the next following day any
Noise or sound created by the use or operation of a lawnmower, chainsaw or any other
Noise generating tool or device is prohibited.
3.
Repealed by by-law 2007-6420
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Exemptions
4.1 Rural Exemption
Notwithstanding any other provision of this by-law, this by-law does not apply to a Person or
agricultural use that emits, causes, or permits the emission of sound or vibration that is normal and
incidental to the Rural Agricultural Zone.
4.2 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.
4.3 Commercial Establishments - Licensed Premises
Premises licensed by the Alcohol and Gaming Commission of Ontario for the sale of alcoholic
beverages shall be governed by the permitted hours of sale of alcohol as set out in the terms and
conditions in the license issued by the said Commission. Notwithstanding, Section 2.1.3(b) shall
apply.
4.4 Fairs
The operation of a combustion engine in conjunction to the reasonable use of any amusement ride at
a Fair or Event licensed by the Corporation.
4.5 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 and incidental to
the Industrial Zone.
4.6 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 5.
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4.7 Authorized Emergency Vehicles
None of the provisions of this by-law shall apply to any vehicle of the Police or Fire Department, the
Corporation or its agents, any ambulance or any public service or emergency vehicle while answering
a call or carrying out their duties.
4.8 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 ploughing or snow clearing on any Municipal
Highways and properties or to private contractors performing snow removal, snow ploughing or snow
clearing.
4.9 Traditional, Festive, or Religious 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 traditional, festive, religious, or
charitable activities, including without limitation the following,
(a) South Porcupine/Porcupine winter carnival
(b) South Porcupine/Porcupine summer fest
(c) The 24 hour road runner relay held at Gillies Lake
(d) The Cancer Society walk for life
(e) Any parade including the Santa Claus Parade and the Remembrance Day Parade
(f) Any fair, exhibition, celebration or concert authorized by Council
(g) Any Canada Day activity
(h) Any Victoria Day activity
5.
Grant Of Exemption By Council
5.1 Council may grant exemption
Council may by resolution, upon receipt of written application, grant an exemption 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.
5.2 Form of Application
The application shall include:
(i) the name and address of the applicant;
(ii) a description of the source of the sound in respect of which an exemption is being sought;
(iii) a statement of the section of the by-law for which an exemption is being sought;
(iv) the period of time for which the exemption is being sought;
(v) the reasons why an exemption is being sought;
5.3 Exemption Application to be Published
Such application 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
5(2)(i) through (v) inclusive and stating the date upon which the application to Council is intended to
be made.
5.4 Timmins Police Service
A copy of the application for exemption shall be provided to the Police Chief of the Timmins Police
Service for comment with regards to any complaint history or corrective measures taken to date.
5.5 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.
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5.6 Breach of Provisions of Exemption
Where an exemption is granted, any breach of the terms or conditions shall render the exemption null
and void.
6.
Enforcement
6.1 Offence
Every Person who contravenes a section of this By-law is, upon conviction, guilty of an offence and
subject to a penalty as provided under the "Provincial Offences Act."
6.2 Continuation - New Offence
Each new day of a continuing offence will be considered a new offence.
6.3 Continuation - Repetition - Prohibited - By Order
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,
and such order shall be in addition to any other penalty imposed on the Person convicted.
7.
Severability
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 other sections or parts of this by-law
are separate and independent from each other and enacted as such.
8.
Repeal
That by-law 1983-1998 be and is hereby repealed.
9.
Force and Effect
This By-law shall come into force and effect on the day of passage.
Read a first, second and time this 17th day of July 2006.
CERTIFIED TRUE COPY
OF BY-LAW NO. 2006-6339
(SGD) Victor M. Power
MAYOR
(SGD) R.J. Watson
DEPUTY CLERK
CLERK
Read a third time and finally passed this 28th day of August, 2006.
CERTIFIED TRUE COPY
(SGD) Victor M. Power
OF BY-LAW NO. 2006-6339
MAYOR
(SGD) R.J. Watson
DEPUTY CLERK
CLERK