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CONSOLIDATED VERSION
This consolidation is prepared for convenience only; for accurate reference see
by-laws as adopted by Council.
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BY-LAW NUMBER 2012-011
OF
THE CORPORATION OF THE TOWNSHIP OF UXBRIDGE
BEING A BY-LAW TO REGULATE, PROHIBIT AND OTHER-
WISE CONTROL NOISE IN THE TOWNSHIP OF UXBRIDGE
AND TO REPEAL BY-LAW NOS. 97-100, 97-138, 2004-006
AND 2004-073
WHEREAS Section 129 of the Municipal Act, 2001, as amended, provides that,
without limiting Sections 9, 10 and 11 of the Act, a municipality may regulate with
respect to noise as well as prohibit same unless a permit is obtained from the
municipality and may impose conditions for obtaining, continuing to hold and
renewing the permit;
NOW THEREFORE, the Council of the Corporation of the Township of Uxbridge
enacts the following:
Section 1- Definitions
1.1
In this By-law,
a)
"Construction" means lawful erection, alteration, repair, dismantling,
demolition, structural maintenance, painting, land clearing, earth moving,
grading, excavating, laying of pipe and conduit (whether above or below
ground level), street and highway building, application of concrete,
equipment installation and alteration, and structural installation of
construction components and materials, in any form or for any purpose.
b) "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, trucks, ditchers, compactors and rollers,
pumps, concrete mixers, graders or any other material handling equipment;
c)
"Highway" means a common and public highway as defined in the Highway
Traffic Act;
d)
"Holiday" means New Year's Day, Family Day, Good Friday, Victoria Day,
Canada Day, Labour Day, Thanksgiving Day, Christmas and Boxing Day.
e)
"Motor Vehicle" means an automobile, a motorcycle, a motor-assisted
bicycle unless otherwise indicated in this Act, 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, a traction engine, a farm tractor, a self-
propelled implement of husbandry or a road-building machine;
f)
"Noise" means unusual or excessive noise likely to disturb the inhabitants
of the Township of Uxbridge;
g)
"Off-Road Vehicle" means a vehicle propelled or driven otherwise than by
muscular power or wind and designed to travel,
(a) on not more than three wheels, or
(b) on more than three wheels and being of a prescribed class of vehicle;
h) "Occupant" means any person or persons in lawful control of any grounds,
yards or vacant lots or identified by the most current Municipal Assessment
Roll as being the occupant of the property;
i)
"Owner" includes any person or persons identified by the most current
Municipal Assessment Roll as being the owner of the property;
j)
"Officer "means a Police Officer or Municipal Law Enforcement Officer
appointed by the Council of Township of Uxbridge;
k)
"Pit" shall mean land or land under water from which unconsolidated
aggregate is being or has been excavated, and that has not been
rehabilitated, but does not mean land or land under water excavated
for a building or structure on the excavation site or in relation to
which an order has been made under the Aggregate Resources Act,
R.S.O. 1990, Chapter A 8.
l)
"Point of Reception" means any location at which noise can be heard, other
than the premises from which the noise originates;
m) "Property" means a parcel of land which is shown as a lot or block on a
registered plan of subdivision or described in a transfer/deed of land of
legal effect registered in the Land Registry Office includes any part of a
building, structure, mobile building or mobile structure on the Property.
n)
"Quarry" shall mean land or land under water from which consolidated
aggregate is being or has been excavated, and that has not been
rehabilitated, but does not mean land or land under water excavated for a
building or structure on the excavation site or in relation to which an order
has been made under the Aggregate Resources Act, R.S.O. 1990, Chapter
A 8.
o)
"Quiet Area" means any area within 150 metres (500 feet) of a
Hospital, Nursing Home or Home for the Aged
p)
"Residential Area" means any designated as RC, ER, SR, HR, R1, R2 or RM
Zone, as contained in The Township of Uxbridge Zoning By-law;
q)
"Rural Area" means any lot designated as EP, OS, RU or RH Zone, as
contained in the Township of Uxbridge Zoning By-law;
r)
"Township" means the Corporation of the Township of Uxbridge;
Section 2- General provisions
No person shall emit or cause or permit the emission of noise resulting from any
of the activities listed in Section 2, which is clearly audible at a Point of Reception;
2.1
The operation of a Motor Vehicle or Off Road Vehicle in a race.
2.2
The operation of a combustion engine or pneumatic device without an
effective exhaust muffling device that is in good working condition and in
constant operation.
2.3
The operation of any horn, bell or other signaling device of any Vehicle
except where required or authorized for safety reasons.
2.4
The operation of a Motor Vehicles or Off Road Vehicle, other than on a
highway, without an effective exhaust muffling device in good working order
and in constant operation.
2.5
Creating or permitting any Noise likely to disturb the peace and enjoyment
of any inhabitants of the Township.
2.6
Discharging of any Fireworks or explosive devices, not used in construction
other than in accordance with By-law# 2011-012 of the Township of
Uxbridge.
2.7
Selling, hawking or other advertising by amplified sound.
2.8
The Operation of a Combustion engine that is used in or intended for use in
a toy, model or replica of a motor vehicle, air craft, boat or similar type of
device, and which has no other purpose other than for amusement.
Section 3- Prohibition by time and place
No person shall emit or cause or permit the emission of sound from any activity
listed in table 3.1 if clearly audible at a point of reception located in an area of the
municipality listed in table 3.1, within a prohibited time shown for such point of
reception.
Table 3.1
Noise prohibition by time and place
Type of Noise
Prohibited Location and Time
Item
Activity
Residential
Area
Rural Area
Quiet Area
1.
The operation of
any Construction
Equipment in
connection with
Construction
Between
7:00p.m. to
7:00a.m.
Monday to
Saturday and
all Sundays
and
Holiday(s)
Between
7:00p.m. to
7:00a.m.
Monday to
Saturday
and all
Sundays
and
Holiday(s)
Between 7:00p.m. to
7:00a.m. Monday to
Saturday and all
Sundays and
Holiday(s)
2.
The operation or
use of any tool
for domestic
construction or
other domestic
purpose other
than snow
removal
Between
7:00p.m. to
7:00a.m.
Monday to
Saturday and
7:00p.m.-
9:00a.m. on
all Sundays
and
Holiday(s)
Between
7:00p.m. to
7:00a.m.
Monday to
Saturday
and
7:00p.m.-
9:00a.m. on
all Sundays
and
Holiday(s)
Between 5:00pm
to7:00am Monday to
Saturday and 5:00pm-
9:00am on all Sundays
and Holiday(s)
3.
Operate a device
intended for the
production or re-
production of
amplified voices
Between
11:OOpm-
7:00am
Monday to
Saturday and
all Sundays
and
Holiday(s)
Between
11:OOpm-
7:00am and
all Sundays
and
Holiday(s)
At all times
Type of Noise
Prohibited Location and Time
Item
Activity
Residential
Area
Rural Area
Quiet
Area
4.
Operation of any
powered rail car
including but not
limited to
refrigerator cars,
locomotives or
self propelled
passenger cars
while, stationary
on property not
owned or
controlled by a
railway
governed by the
Canada Railway
Act
Between
7:00p.m. to
7:00a.m.
Monday to
Saturday and
7:00p.m. - 9:00
a.m. on all
Sundays and
Holiday(s).
Between
7:00p.m. to
7:00a.m.
Monday to
Saturday and
7:00p.m. -
9:00 a.m. on
all Sundays
and
Holiday(s).
At all times.
5.
Loading,
unloading, or
delivering of any
container,
product or
refuse, unless
necessary for
the maintenance
of essential
services or the
moving of
household
effects.
Between 7:00p.m.
to 7:00a.m.
Monday to
Saturday,
Sundays and
holidays
from 12:01 a.m. to
11:00 a.m. and
1:00 pm to
11:59p.m. where
the point of
reception would
be heard in a
residential area.
Between
7:00p.m. to
7:00a.m.
Monday to
Saturday and
7:00p.m. -
9:00 a.m. on
all Sundays
and Holiday(s).
Between
7:00p.m. to
7:00a.m.
Monday to
Saturday and on
all Sundays and
Holiday(s).
6.
Yelling, shouting,
hooting,
whistling,
singing, or the
playing of any
musical
instrument or
stereo
Between
11:00p.m. to
7:00a.m.
Monday to
Saturday and
11:00p.m. -
9:00 a.m. on all
Sundays and
Holiday(s).
Between
11:00p.m. to
7:00a.m.
Monday to
Saturday and
11:00p.m. -
9:00 a.m. on
all Sundays
and Holiday(s).
At all times
7.
Operation of Off
Road Vehicles
other than on a
highway.
At all times
Between
8:00p.m. to
7:00a.m.
Monday to
Saturday and
8:00p.m. -
9:00 a.m. on
all Sundays
and Holiday(s).
At all times
8.
Operation of
solid waste bulk
lift as result of
private garbage
collection or
refuse
compacting
equipment.
Between
7:00p.m. to
7:00a.m.
Monday to
Saturday and
7:00p.m. - 9:00
a.m. on all
Sundays and
Holiday(s).
Between
7:00p.m. to
7:00a.m.
Monday to
Saturday and
7:00p.m. -
9:00 a.m. on
all Sundays
and Holiday(s).
5:00p.m. to
7:00a.m and all
Sundays and
Holiday(s)
9.
The operation of
any machinery or
equipment or
commercial vehicle
in conjunction
therewith, other
than water pumping
equipment
Between the
hours of 7:30p.m.
to 6:00a.m.
Monday to
Saturday and all
Sundays and
Holidays
Between the
hours of 7:30p.m.
to 6:00a.m.
Monday to
Saturday and all
Sundays and
Holidays
Section 4- Exemptions
4.1
The operation of emergency vehicles or any other activities in connection with
an emergency.
4.2
The operation of municipal service vehicles, including municipally contracted
services and related equipment, including equipment used for snow removal.
4.3
Midways, carnivals and special events approved by the Municipality.
4.5
Races, parades, processions and ceremonial events, or religious events
authorized by the Municipality.
4.6
The operation of bells, chimes, carillons and clocks used in conjunction with
churches, schools and other institutional buildings.
4.7
Events or activities open to the community, or on municipal property, highways
or other public places that have been authorized by the Township.
4.8
The racing of motor vehicles, go karts and motorcycles regulated by the
Racing-motor vehicle/go karts/ motorcycle By-law.
4.9
Non-emergency construction, reconstruction or repair of any municipal,
provincial or federal public works including construction, reconstruction or
repair of a highway and appurtenances, provided the Municipality is given
advanced notice in writing of the hours to be worked if outside of the permitted
construction hours.
4.10 The operation of any equipment, apparatus or device used as part of a normal
farming practice.
Section 5 - Application for Exemption
5.1
Any person may make an application to Council for an exemption from any
of the provisions of this By-law and Council, by resolution, may refuse or
grant an exemption. An exemption shall specify the time period during which
it is effective, and may contain such terms and conditions as Council sees
fit.
5.2
Applications shall be made by the owner of the land of the source of sound.
5.3
Details of Application for Exemption
The application referred to in Section 5.1 shall contain:
(a)
the name and address of the applicant;
(b)
a description of the source of sound;
(c)
the legal description or municipal address of the source of sound;
(d)
Where the source of the sound is on property owned by the
Township, the application shall include proof of publication of a
notice of intention to apply for an exemption from this By-law. The
notice shall be published in a newspaper of general circulation within
the municipality and shall state the date upon which it is intended
that the application will be made to Council.
(e)
a statement of the particular provision or provisions of the by-law
from which exemption is sought;
(f)
the period of time, of a duration not in excess of six months, during
which the exemption is sought;
(g)
the reasons why the exemption should be granted;
(h)
an application fee of$ 125.00.
Section 6- Penalties
6.1
Every Person who contravenes any provision of this By-law is guilty of an
offence, pursuant to the provisions of the Provincial Offences Act, as
amended from time to time, and upon conviction is liable to a fine of not more
than $5,000.00.
Section 7- Short Title
7.1
This By-law may be referred to as the "Noise By-law".
Section 8- Severability
8.1
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 be
construed as having persuaded or influenced Council to pass the remainder of
this By-law and it is hereby declared that the remainder of this By-law shall be
valid and shall remain in force.
Section 9- Repeal of By-laws
9.1
By-law N u m b e r s 9 7 -100, 9 7 -138, 2004-006 and 2004-073 are
hereby repealed.
Section 10- Date Effective
10.1 This By-law shall come into full effect and force on the date of its passing.
Read a First, Second and Third time and finally passed on this 23rd day of,
January 2012.