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The Corporation of the
Municipality of Trent Lakes
By~law No. B2023~054
A By~Law to Prohibit and Regulate Noise Within the
Municipality of Trent Lakes
Whereas Section 129 of the Municipal Act, 2001, S.0. 2001, c. 25 and
amendments thereto enables the councils of local municipalities to prohibit and
regulate noise within the municipality;
And Whereas Section 425 of the Municipal Act, 2001, S.0. 2001, c. 25 as
amended, provides that by~laws may be passed by a municipality to provide that
a person who contravenes a by~law of the municipality passed under the
Municipal Act, 2001 is guilty of an offence;
And Whereas Section 426 of the Municipal Act, 2001, S.0., c. 25 as amended,
provides that no person shall hinder or obstruct, or attempt to hinder or obstruct
any person who is exercising a power or performing a duty under a by~law
passed under this Act;
And Whereas Section 429(1) of the Municipal Act, 2001, S.0. 2001, c. 25 as
amended, provides that a municipality may establish a system of fines for
offences under a by~law passed under the Municipal Act, 2001;
And Whereas Section 434.1 of the Municipal Act, 2001, S$.0. 200, c. 25 and
amendments thereto enables the councils of local municipalities to establish a
system of administrative penalities and whereas Section 434.2 establishes an
administrative penality constitutes a debt of the person which may be added to
the tax roll;
And Whereas Section 436 of the Municipal Act, 2001, S.0. 200, c. 25 as
amended, provides that a municipality has the power to pass by~laws providing
that the municipality may enter on land at any reasonable time for the purpose
of carrying out an inspection to determine whether a by~law of the municipality
passed under the Act is being complied with;
And Whereas Section 444 of the Municipal Act, 2001, authorizes
municipalities to make orders requiring the person who contravened the 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;
And Whereas Noise pollution has a negative impact on the quality of life for
the residents of the Municipality of Trent Lakes.
Now Therefore Be It Resolved that the Council of The Corporation of the
Municipality of Trent Lakes hereby enacts as follows:
1.
Definitions
In this By~law:
1.1.
Construction means the erection, alteration, repair, dismantling,
maintenance, land clearing, earth moving, excavation, blasting, road
building, equipment installation and alteration, and including any work in
connection therewith.
1.2.
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, forklifts, cranes, derricks,
loaders, scrapers, pavers, generators, off~Highway haulers or trucks,
ditchers, compactors and rollers, pumps, concrete mixers, graders, or
other material handling equipment.
1.3.
Conveyance includes a vehicle and any other device utilized to transport
a Person or Persons or goods from place to place but does not include
any such device or vehicle if operated only within a building.
1.4.
Council means the elected Municipal Council of The Corporation of The
Municipality of Trent Lakes.
1.5.
1.6.
1.14.
1.15.
1.16.
1.20.
1.21.
1.22.
1.23.
Electronic Device means a device intended primarily for the production,
reproduction or amplification of Sound, including, but not limited to, any
musical instrument, radio receiver, television receiver, recorder,
phonograph, loudspeakers, amplifiers, microphones or reproducers or any
combination of such equipment, including devices used in the reproduction
of music, speech or other sounds.
Emergency means a sudden and unexpected occurrence demanding
immediate action to prevent possible injury, loss of life or substantial
property damage.
Government Work Construction, rehabilitation or maintenance work
conducted by the Municipality, the Province of Ontario, the Government of
Canada and any of its agencies or agents including the operation of motor
vehicles and equipment actually engaged in the work.
Highway as defined in the Highway Traffic Act, R.S.O. 1990, c. H.8.
Motor Vehicle as defined in the Highway Traffic Act, R.S.O. 1990, c. H.8.
Motorized Conveyance means a conveyance propelled or driven
otherwise than by muscular, gravitational, wind power or electrical power.
._
Municipality means the Corporation of the Municipality of Trent Lakes.
Noise Exemption Application means an application requesting to be
exempt from the Noise By~law or portions thereof, as amended.
._
Noise Mitigation Plan means a plan as required and approved by Council
that addresses the mitigation of sound not in compliance with the
requirements of this By~law from planned events or activities.
Normal Practice means the noise associated with performing a task that
is typical or common practice.
Officer means a Person appointed by Council as a Municipal Law
Enforcement Officer, or a Police Officer, or other individual duly appointed
to enforce this By~law.
Owner means the registered Owner of the land and includes a trustee
acting on behalf of the registered Owner, the estate of the registered
Owner and a Person with a leasehold interest in the land.
._ Person means an individual, corporation or other legal entity.
. Point of Reception means any point on the Premises of a Person, where
sound is heard, the source of which does not originate from the same
property.
._
Power Equipment Device means any tool, equipment or machinery that
is used in the servicing, maintenance or repair of lawns, gardens and
property maintenance, and includes lawn mowers, edge~trimmers,
rototillers, pressure washers, and hand operated power tools, including but
not limited, to chainsaws, chippers and leaf blowers.
Power Outage means the hydro service normally provided to a property is
temporarily unavailable for any reason other than the termination of the
service for lack of payment.
Premises means land and includes the buildings and/or structures
thereon.
Statutory Holiday as defined in the Retail Business Holiday Act R.S.O.
1990, Chapter r.30 and includes Family Day.
Unreasonable Noise means sound that can be heard at a Point of
Reception that unreasonably interferes with the comfort, peace, rest,
enjoyment, or convenience of any reasonable Person. The making,
allowing, creation or maintenance of loud, unnecessary, or unusual noises
which are continuously heard for a period of thirty (30) minutes or more or
intermittently over a period of one (1) hour or more, constitute
Unreasonable Noise.
2.
Unreasonable Noise
2.1.
2.2.
No Person shall make, cause or permit the creation of Unreasonable
Noise, resulting from an act listed in Schedule "A" of this By~law that is
clearly audible at a point of reception anywhere within the Municipality at
any time.
Without limiting the generality of Section 3.1 of this by~law, noise is
deemed not to be unreasonable if resulting from an act or emanating from
the use of a device described within Sections 4.0
~ 8.0 inclusive, in
accordance with the regulations contained herein.
3.
Construction
3.1.
No Person shall cause or permit the emission of sound resulting from the
operation of Construction Equipment or any Construction, that is clearly
audible at a Point of Reception;
(a) between the hours of 7:00 p.m. of one day to 7:00 a.m. of the next day;
or
(b) before 9:00 a.m. and after 7:00 p.m. on Sundays and Statutory
Holidays;
(c) or at any time without an exhaust or intake muffling device in good
working order.
4.
Power Equipment Device
4.1.
No Person shall cause or permit the emission of sound from a Power
Equipment Device including, but not limited to, a lawn mower, grass
trimmer, leaf blower or chainsaw; that is clearly audible at a Point of
Reception;
(a) between the hours of 9:00 p.m. of one day to 7:00 a.m. of the next day;
(b) or at any time without an exhaust or intake muffling device in good
working order.
5.
Electronic Device
5.1.
No Person shall cause or permit the emission of sound from an Electronic
Device including, but not limited to, radio, speaker, television, loud
speaker or musical instrument, that is clearly audible at a Point of
Reception;
(a) between the hours of 11:00 p.m. of one day to 7:00 a.m. of the next
day.
6.
Noise from Human
6.1.
No Person shall cause or emit noise created by yelling, shouting, hooting
or similar noises made by a human, that is clearly audible at a Point of
Reception;
(a) between the hours of 11:00 p.m. of one day to 7:00 a.m. of the next
day.
7.
Generator
7.1.
No Person shall cause or permit the emission of noise from the continuous
operation of a generator or inverter that is clearly audible at a Point of
Reception, for the purposes of providing non~emergency hydro.
7.2.
Section 8.1 shall be deemed not to apply to the following:
(a) test operation, operation during a power outage or emergency
situation;
(b) the use of a generator conducted under a valid building or demolition
permit issued by the Municipality and during permitted hours;
(c) where a valid Noise Exemption Permit has been issued by the
Municipality.
8.
General Provisions
8.1.
Notwithstanding Sections 4.0 through 8.0 inclusive, no person shall emit or
cause or permit the creation or emission of noise resulting from an act
listed in Schedule "A" attached hereto, and forming part of this By~law, that
is clearly audible at a point of reception anywhere within the Municipality.
9.
Exceptions
9.1.
Despite any other provision of this By~law, it shall be lawful to emit, cause
or permit the emission of sound from:
(a) Police, Fire, Ambulance or other emergency vehicles or any measures
undertaken in an emergency for the immediate health, safety, or
welfare of the inhabitants;
(b) Preservation of property during an emergency; sounds associated with
construction or repair work which
is required urgently
in order to
prevent severe damage to buildings or property;
(c) Persons
or organizations who have received
a Noise
Exemption
Permit or for an event sanctioned by Municipality of Trent Lakes;
(d) Operation of bells, chimes, carillions and clocks in connection with any
place of worship, religious service or any public buildings;
(e) The operation of vehicles, equipment and Construction Equipment
when utilized for, the clearing of snow from public and private property;
(f) Agricultural, Commercial, Institutional or Industrial activities recognized
as Normal Practice;
(g) Motor Vehicles and
Motorized Conveyances being operated
on a
Highway, authorized snow mobile trail or a navigable body of water;
(h) Government work.
10. Noise By~law Exemption Application
10.1.
Notwithstanding the prohibitions contained in this By~law, any Person may
submit a Noise By~law Exemption Application for consideration to the
Trent Lakes Municipal Council.
10.2. Any Person requesting a Noise By~law Exemption must submit a
written
request to the Municipal Clerk no less than thirty (30) calendar days prior
to the start date being requested.
10.3.
The application must include:
(a) The applicant's name, address, telephone number and email address;
(b) The date, time and location of each event or activity for which the
exemption permit is sought and, where applicable, the number of
people expected to attend;
(c) The purpose for which the exemption permit is required;
(d) Reasons supporting an exemption permit;
(e) A noise mitigation plan;
(f) The description of any sound equipment or construction equipment to
be used
(g) The name, address and telephone number of at least one contact
person who will supervise each event or activity; and will be on~site
during the entire event or activity to ensure compliance with the terms
and conditions of the exemption permit.
10.4.
No Person or applicant shall provide false or misleading information or
statements on a Noise Exemption application form.
10.5.
Upon reviewing the application, Council may, approve, deny or approve
with conditions any Noise By~law Exemption request.
10.6.
An approved Noise By~law Exemption permit shall specify the time period,
during which it is effective and may contain such terms and conditions as
Council sees fit.
10.7.
Any Noise Exemption Permit granted shall be posted in a conspicuous
place on the property for which the Noise By~law Exemption permit
applies; and shall be strictly adhered to.
10.8.
No Person or applicant shall fail to comply with the terms and conditions
as set within the Noise By~law Exemption permit.
10.9.
Breach of any of the terms or conditions of the exemption that is caused
by the applicant or persons responsible for the activity or event under the
exemption shall render the permit null and void.
11. Administration and Enforcement
11.1.
This By~law shall be enforced by an Officer or such Person or Persons as
Council may appoint under Municipal By~law.
11.2.
Nothing herein shall be deemed to limit the ability of the Ontario Provincial
Police to enforce this By~law at any time.
12. Powers of Entry
12.1.
An
Officer may enter any
Premises,
other than
a
dwelling
at any
reasonable time for the purpose of carrying out an inspection to determine
compliance with this By~ law or any Order issued under this By~law.
12.2.
No Person shall hinder or obstruct, or attempt to hinder or obstruct, an
Officer or other duly appointed Person, in the execution of theirs duties
under this By~law.
13. Order to Discontinue Activity
13.1.
If an Officer is satisfied that this By~law has been contravened, the Officer
may make an Order, requiring the Person who contravened the By~law, or
who caused or permitted the contravention, or the Owner of the land on
which the contravention occurred, to discontinue the contravention.
13.2.
An Order made under section 13.1 of this By~law shall set out
(a) reasonable particulars of the contravention adequate to identify the
contravention and the location of the land on which the contravention
occurred; and
(b) the date by which there must be compliance with the Order.
13.3.
No Person subject to an Order as described in Section 13.2 shall fail to
comply with the provisions of such Order.
14. Administrative Penalties
14.1.
An Officer who finds that a Person has contravened any provision of this
By~law or may issue a penalty notice addressed to that Person.
14.2. Any person who contravenes any provision of this By~law shall, upon
issuance of a penalty notice pursuant to Section 14.3, shall be liable to
pay to the Municipality an administrative penalty in accordance to the
AMPS By~Law.
14.3.
The penalty notice shall be delivered personally to the owner or mailed by
prepaid registered first class mail to the address of the owner as shown on
the last revised assessment roll. The above mentioned notice shall be
deemed to have been served five (5) days from the date of mailing.
Every notice issued shall identify the involved property including;
(a) The particulars of the contravention;
(b) The amount of the administrative penalty;
(c) Information respecting the process by which the person may exercise
the person's right to request a review of the administrative penalty, and
a statement advising that an administrative penalty will, unless
modified or rescinded pursuant to the review process, constitutes a
debt to the Municipality.
14.4. A person may appeal an administrative penalty to the Municipality of Trent
Lakes Council.
14.5.
An administrative penalty that is deemed to be affirmed constitutes a debt
to the Municipality of each person to whom or to which the penalty notice
was given.
14.6.
An administrative penalty that is not paid within thirty (30) days, the
Municipality, in addition to any other remedy it may have at law, may add
the outstanding amount to the tax roll for any property in the Municipality
for which the owner is responsible for paying the Penalty Notice and
collected in the same manner as Municipal taxes.
15. Offence and Penalty Provision
15.1.
Every person who contravenes any provision of this by~law is guilty of an
offence and on conviction is liable to a fine as provided for in the Provincial
Offences Act R.S.0. 1990, c. P. 33, as amended.
15.2.
If this By~law is contravened and a conviction entered, the court in which
the conviction has been entered and any court of competent jurisdiction
thereafter may, in addition to any other remedy and to any penalty that is
imposed, make an order prohibiting the continuation or repetition of the
offence by the person convicted.
16. Validity and Severability
16.1.
Should any section, sub~section, clause, paragraph or provision of this By~
law be declared by a court of competent jurisdiction to be invalid or
unenforceable, the same shall not affect the validity or enforceability of
any other provision of this By~law or of the By~law as a whole.
17. Short Title
17.1.
This by~law may be referred to as the "Noise By~law".
18. Repeal
18.1.
That By~law No. B2016~062 is hereby repealed.
19. Effective Date
19.1.
That this By~law shall come into force and take effect on the date of its
final passing.
Read a first, second and third time and passed this 11¢" day of July, 2023.
Lv
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Wambshead, Mayor
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;
gessie Elark, Clerk
Schedule "A" to By~Law B2023~054
General Prohibitions
A.
Persistent barking. Howling, calling or whining or other similar persistent
noise making by any domestic pet, or any other animal kept or used for a
purpose other than agriculture;
B.
The operation of any construction equipment without an effective exhaust
or intake muiffling device where appliable and in good working order in
accordance with the manufacturer's specifications;
C.
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 noise can easily be heard
outside of the motor vehicle;
D.
The detonation of fireworks or explosive devices not used in construction
and not approved by the Township;
E.
The discharge of firearms;
F.
Ring bells, blow horns, shout, hoot, sing;
G.
The operation of any electronic devices or group of connected electronic
devices incorporating one or more loudspeakers or other electro~mechanical
transducers, and intended for the production, reproduction or amplification of
sound;
H.
The operation of an air condition, pool pump or filter, heat pump or the like
that is not in proper working order;
1.
Racing of motorized vehicle other than in a lawful racing event;
J.
The operation of a motor vehicle in such a way that tires squeal;
K.
The operation of a motor vehicle or a motor vehicle with a trailer resulting
in banging, clanking, squealing or other noises due to improperly secured load to
equipment, or inadequate maintenance.
Schedule "B" to By~Law B2023~054
Activities to which the By~law does not apply
Road and Bicycle races authorized by the Municipality;
Regimental salutes;
Parades authorized by the Municipality;
Firework displays authorized by the Municipality;
Midways and circuses authorized by the Municipality;
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Sporting, recreational and entertainment events in public parks, buildings
or grounds authorized by the Municipality;
G.
Musical and other performances in public parks, public buildings or public
grounds authorized by the Municipality;
H.
Special neighbourhood social activities on streets or other public land
authorized by the Municipality;
1.
Transformers and diesel operated pumps owned by the Municipality and
necessary preventive maintenance work undertaken by the Municipality;
J.
Necessary municipal operations, including but not limited to, snow
clearing, street cleaning and garbage collection, undertaken by, or on behalf of,
the Municipality;
K.
Snow removal that is essential for the normal operation of a business;
L.
Church clocks striking the hour and chimes ringing and the playing of any
church carilion;
M.
Generators for the purpose of power outages;
N.
The discharge of a firearm in accordance with the Municipality's Discharge
of a Firearm By~law; and
0.
Events approved by the Special Events By~law.
Schedule "C" to By~Law B2023~054
Schedule of Fees
Activity
Fee
1.
Application for Noise Exemption Permit
$100.00