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THE CORPORATION OF THE TOWNSHIP OF TINY
BY-LAW 21-028
A By-law to Regulate Noise within the Township of Tiny
and to repeal By-laws 11-065 and 12-056.
WHEREAS Section 128 of The Municipal Act, 2001, S.O. 2001, c. 25, as
amended, provides authority for municipalities to prohibit and regulate with
respect to public nuisances, including matters that, in the opinion of Council,
are or could become or cause public nuisances;
AND WHEREAS Section 129 of The Municipal Act, 2001, S.0.2001, c. 25,
as amended, provides authority for municipalities to prohibit and regulate
noise and vibration;
AND WHEREAS The Council of the Corporation of the Township of Tiny
deems it necessary to regulate or prohibit noise within the Township of Tiny;
NOW THEREFORE the Council of the Corporation of The Township of Tiny
hereby ENACTS AS FOLLOWS:
1.
TITLE:
1.1
This By-law shall be known and may be cited as the "Noise Control
By-law".
2.
DEFINITIONS:
For the purpose if this By-law:
2.1
"Construction" includes the erection, alteration, repair, dismantling,
demolition, structural maintenance, painting, moving, land clearing,
earth moving, grading, excavating, blasting, rock crushing, 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;
2.2
"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;
2.3
"Council" means the Council of the Corporation of the Township of
Tiny;
2.4
"Domestic Tool" means any tool, equipment or device designed or
intended for use for Construction or maintenance of private property
by the private property owner where a building permit is not required
including but not limited to: air compressors, electric power tools,
manual hammers, and similar tools, but does not include Lawn
Maintenance Equipment, or equipment used for the removal of snow;
2.5
"Highway" includes a common and public highway, street, avenue,
parkway, driveway, square, place, bridge, viaduct or trestle, any part
of which is intended for or used by the general public for the passage
of vehicles and includes the area between the lateral property lines
thereof;
2.6
"Lawn Maintenance Equipment" means any equipment, which uses
a combustion or electric motor for the purposes of yard maintenance
By-law 21-028
Page 2 of 9
or repair and includes chain saws, lawn mowers, leaf blowers, grass
trimmers, or any other similar equipment, but does not include
equipment used to remove snow or ice.
2.7
"Motor vehicle" includes an automobile, a motorcycle, a motor-
assisted bicycle, and any other vehicle propelled or driven otherwise
than by muscular power, but does not include a street car or other
motor vehicle running only upon rails, a power-assisted bicycle, a
motorized snow vehicle, off road vehicle, all terrain vehicle, a traction
engine, a farm tractor, a self-propelled implement of husbandry or a
road-building machine;
2.8
"Motorized conveyance" means a conveyance propelled or driven
otherwise than by muscular, gravitational or wind power;
2.9
"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;
2.10 "Officer" means a Municipal Law Enforcement Officer, a Police
Officer or other person appointed by by-law to enforce the provisions
of this by-law;
2.11 "Person" means any human being, association, firm, partnership,
incorporated company, corporation, agent or trustee, and the heirs,
executors or other legal representatives of a person to whom the
context can apply, according to law;
2.12 "Point of reception" means any point on the premises of a person
where sound or vibration originating from other than those premises is
received;
2.13 "Township" means The Corporation of the Township of Tiny.
3.
GENERAL PROHIBITIONS:
3.1
No person shall emit or cause or permit the emission of noise resulting
from any activity listed in Schedule "A", attached hereto, if clearly
audible at a point of reception.
4.
PROHIBITIONS BY TIME AND PLACE:
4.1
No person shall emit or cause or permit the emission of noise resulting
from any Activity listed in Column 1 of Schedule "B", attached hereto,
and which noise is clearly audible at a point of reception within a
Prohibited time shown in Column 2.
5.
EXEMPTION FOR PUBLIC SAFETY:
5.1
Notwithstanding any other provision of this By-law, it shall be lawful to
emit or cause or permit the emission of noise or vibration in
connection with emergency measures undertaken:
5.1.1 for the immediate health, safety or welfare of the inhabitants or
any of them; or
5.1.2 for the preservation or restoration of property;
unless such noise or vibration is clearly of a longer duration or nature
more disturbing, than is reasonably necessary for the accomplishment
of such emergency purpose.
By-law 21-028
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6.
GENERAL EXEMPTIONS:
6.1
This By-law shall not apply to a person who emits or causes or
permits the emission of noise in connection with any of the activities
listed in Schedule "C" attached hereto this By-law.
7.
GRANT OF EXEMPTION BY COUNCIL:
7.1
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 noise or
vibration for which he/she might be prosecuted.
7.2
Details of Application for Exemption
The application mentioned in subsection 7.1 shall be made in writing
and shall contain:
7.2.1 the name, address and telephone number of the applicant;
7.2.2 a description of the source and location of sound in respect of
which exemption is sought;
7.2.3 a statement of the particular provision(s) of this By-law from
which the exemption is sought;
7.2.4 the period of time, of a duration not in excess of six (6) months,
for which the exemption is sought;
7.2.5 the reasons why the exemption should be granted;
7.2.6 a statement of the steps, if any, planned or presently being
taken to bring about compliance with this By-law.
7.3
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. The Council, by resolution, may refuse to grant an
exemption or may grant the exemption applied for or may grant an
exemption of lesser effect. An exemption granted shall specify the
time period, not in excess of six (6) months, during which it is effective
and may contain such terms and conditions as the Township deems
appropriate.
7.4
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.
8.
ORDERS
8.1
If an Officer is satisfied that a contravention of this By-law has
occurred, the Officer may make an Order requiring the person who
contravened this By-law or who caused or permitted the contravention
or the owner or occupier of the land on which the contravention
occurred to take actions to correct the contravention.
8.2
The Order shall set out:
8.2.1 Reasonable particulars of the contravention adequate to
identify the contravention and the location of the land on which
the contravention occurred.
By-law 21-028
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8.2.2 The work to be done and the date by which the work must be
done.
8.3
An Order may be served personally upon the person to whom it is
directed to or sent by regular mail to the address shown on the last
revised assessment roll or to the last known address.
8.4
An Order under Section 8.1 may require action be taken even though
the facts which constitute the contravention of this By-law were
present before this By-law making them a contravention came into
force.
8.5
No person shall fail to comply with an Order issued pursuant to
Section 8.1.
8.6
If an Officer is satisfied that a contravention of this By-law has
occurred, the Officer may make an order, known as a Discontinue
Activity Order, requiring the person who contravened this By-law or
who caused or permitted the contravention or the owner or occupier of
the land on which the contravention occurred to discontinue the
contravening activity.
8.7
The Discontinue Activity Order shall set out:
8.7.1 Reasonable particulars of the contravention adequate to
identify the contravention and the location of the land on which
the contravention occurred.
8.7.2 The date by which there must be compliance with the
Discontinue Activity Order.
8.9
A Discontinue Activity Order may be served personally upon the
person to whom it is directed to or sent by regular mail to the address
shown on the last revised assessment roll or to the last known
address.
8.10 No person shall fail to comply with a Discontinue Activity Order issued
pursuant to Section 8.6.
8.11 In the event the Officer is unable to serve an Order under the
provisions of this By-law, the Order shall be posted in a conspicuous
place on the property, and the placing of the Order shall be deemed to
be sufficient service of the Order on the property owner.
9.
ENTRY AND INSPECTION:
9.1
An Officer may at any time, enter onto land to determine whether this
By-law is being complied with.
9.2
Every owner shall permit the Officer to inspect any land for the
purposes of determining compliance with this By-law.
9.3
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:
9.3.1
the consent of the occupier is obtained, the occupier first
having been informed that the right of entry may be refused
and, if refused, may only be made under the authority of a
warrant issued under the Provincial Offences Act."
R.S.0.1990, c.P.33, as amended.
By-law 21-028
Page 5 of 9
9.3.2
a warrant issued under the Provincial Offences Act,
R.S.0.1990, c. P.33, as amended, is obtained.
10.
OBSTRUCTION:
10.1 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.
10.2 Any person who has been alleged to have contravened any of the
provisions of this By-law, shall identify themselves to the Officer upon
request, failure to do so shall be41eemed to have obstructed or
hindered the Officer in the execution of his duties.
11.
PENALTY:
11.1 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.
11.2 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:
11.2.1 upon a first conviction, to a fine of not be less than $300 and
the maximum shall not exceed $100,000 exclusive of costs
under the provisions of the Municipal Act, 2001, S.O. 2001, c.
25, as amended.
11.2.2 upon a second, or subsequent conviction, to a fine of not be
less than $500 and the maximum shall not exceed $100,000
exclusive of costs under the provisions of the Municipal Act,
2001, S.O. 2001, c. 25, as amended.
11.3 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.
11.3.1 Despite section 11.3 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.
11.4 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.
11.4.1 Despite section 11.4 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.
12.
SEVERABILITY:
12.1 If any court of competent jurisdiction declares any section or part of
this By-law to be invalid, such section or part of a section thereof shall
be deemed to be severable and all other sections or parts of this By-
law shall be deemed to be separate and independent there from and
to be enacted as such and the remainder of the By-law shall be valid
and shall remain in force.
By-law 21-028
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13.
REPEAL OF BY-LAWS:
13.1 That By-laws 11-065 and 12-056 are hereby repealed.
14.
EFFECTIVE DATE:
14.1 That this By-law shall come into force and effect on the date of
passing.
BY-LAW READ A FIRST, A SECOND AND THIRD TIME AND FINALLY
PASSED THIS 28th DAY OF APRIL 2021.
THE CORPORATION OF THE TOWNS
F TINY
YOR, G sge Cornell
CLERK, Sue Walton
By-law 21-028
Page 7 of 9
Schedule "A"
General Prohibitions
The following activities are subject to prosecution pursuant to Section 3 of
the By-law, if clearly audible at a point of reception:
1.
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;
2.
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;
3.
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;
4.
The operation of any construction equipment, combustion engine or
pneumatic device without an exhaust or intake muffling device in good
working order and in constant operation;
5.
Racing of any motorized conveyance other than in a lawful racing
event;
6.
The operation of a motor vehicle or motorized conveyance in such a
way that the tires squeal;
7.
The operation of a motor vehicle or motor vehicle with a trailer
resulting in banging, clanging, squealing or other like sounds due to
improperly secured load or equipment, or inadequate maintenance;
8.
The operation of a motorized conveyance or motor vehicle horn or
other warning device except where required or authorized by law or in
accordance with good safety practices;
9.
The operation of an air conditioner, water pump, heat pump or the like
that is not in proper working order;
10.
Ring bells, blow or sound any horn, yelling, shouting, hooting,
whistling or singing;
11.
All selling or advertising by shouting or outcry or amplified sound.
12.
Any unwanted or meaningless sound that in the opinion of the Officer
is likely to disturb the inhabitants of the Township.
By-law 21-028
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Schedule "B"
Prohibitions by Time
The following activities are subject to prosecution pursuant to Section 4 of
the By-law, if clearly audible at a point of reception:
Column 1
Column 2
Column 3
Item
Activity
Prohibited Period
of time
Permitted Period
of time
1.
The sound from a
woodchipping
establishment
Monday to Saturday
Monday to Saturday
From 7:00pm to 7:00am
the next day
Sunday
From 7:00am to 7:00pm
at all times
2.
Construction or
maintenance
activities other than
snow removal
Monday to Friday
Monday to Friday
From 8:00pm to 7:00am
the next day
Saturday, Sunday.
From 7:00am to 8:00 pm
Saturday. Sunday.
Statutory Holidays
Statutory Holidays
From 8:00pm to 9:00am
the next day
From 9:00 am to 8:00pm
3.
The operation of
Construction
Equipment
Monday to Friday
Monday to Friday
From 7:00am to 8:00 pm
Saturday. Sunday.
From 8:00pm to 7:00am
the next day
Saturday. Sunday.
Statutory Holidays
Statutory Holidays
From 9:00 am to 8:00pm
From 8:00pm to 9:00am
the next day
4.
Domestic Tool
Monday to Friday
Monday to Friday
From 7:00am to 9:00 pm
Saturday. Sunday.
From 9:00 pm to 7:00 am
the next day
Saturday. Sunday.
Statutory Holidays
Statutory Holidays
From 9:00 am to 9:00pm
From 9:00 pm to 9:00am
the next day
5.
Lawn Maintenance
Equipment
Monday to Friday
Monday to Friday
From 7:00am to 9:00 pm
Saturday. Sunday.
From 9:00 pm to 7:00 am
the next day
Saturday. Sunday.
Statutory Holidays
Statutory Holidays
From 9:00 am to 9:00pm
From 9:00 pm to 9:00am
the next day
By-law 21-028
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Schedule "C"
General Exemptions
The following activities are considered to be exempt from the provisions of
this By-law:
1.
The sirens or noises associated with essential services, all activities of
the Township, the County of Simcoe, the Province of Ontario, any
utility provider, or their servants or agents associated with the
provision of maintenance or essential services;
2.
Parades, activities or special events permitted by Council;
3.
The use of vehicles, equipment and construction equipment when
utilized for the clearing of snow from public and private property;
4.
The noise caused by farm equipment performing any farm operation;
5.
The ringing of bells, chimes or clocks associated with religious or
public buildings or uses;
6.
Generators for the purpose of power outages.