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1
THE CITY OF VAUGHAN
BY-LAW
NOISE
(Consolidated Version - Enacted as By-law 121-2021)
Last consolidated on July 25, 2024. City of Vaughan by-
laws are provided online for convenient public
reference. By-laws are consolidated on an ongoing
basis, but recent amendments may not be reflected in
the latest consolidated version. Check the Amendment
History to get a complete listing of all pertinent
regulations. For further information contact the Office of
the Director and Chief Licensing Officer.
A By-law to regulate Noise and repeal the previous Noise By-law 062-2018 and its
amending by-laws 168-2019 and 105-2020.
WHEREAS paragraphs 1, 2 and 3 section 129.(1) the Municipal Act, R.S.O. 2001, c. 25
("Municipal Act"), authorize municipalities to pass by-laws to prohibit and regulate noise;
AND WHEREAS subsection 5(3) of the Municipal Act, as amended, provides that a
municipal power shall be exercised by by-law;
AND WHEREAS a recognized body of scientific and technological knowledge exists by
which Sound and vibration may be substantially reduced;
AND WHEREAS the Municipal Act prohibits municipalities from regulating noise that is a
result of deliveries to retail businesses, restaurants, bars, cafes, hotels, motels and goods
distribution facilities, however, allows regulation of noise that is a result of other activities;
AND WHEREAS it is in the public interest to reduce the noise level in the City of Vaughan,
so as to preserve, protect, and promote public health, safety, welfare, and the peace and
quiet of the inhabitants of the City;
AND WHEREAS it is the policy of the Council of The Corporation of the City of Vaughan to
regulate such sound or vibration, or nuisance;
NOW THEREFORE the Council of The Corporation of the City of Vaughan ENACTS AS
FOLLOWS:
Table of Contents
1.0 Short Title ..................................................................................................................... 2
2.0 Applicability and Scope ............................................................................................... 2
3.0 Definitions and Interpretation ..................................................................................... 3
4.0 Prohibitions .................................................................................................................. 5
5.0 Pre-Emption ................................................................................................................. 6
6.0 Unusual Noise, Noise Likely to Disturb ..................................................................... 6
7.0 Bells, Horns, Shouting ................................................................................................ 6
8.0 Air Conditioners, Heat Pumps and Similar Devices ................................................. 6
9.0 Pump of Filtration Systems ........................................................................................ 6
10.0 Construction ............................................................................................................... 6
2
11.0 Loading and Unloading .............................................................................................. 7
12.0 Mufflers ........................................................................................................................ 7
13.0 Motor Sports ............................................................................................................... 7
14.0 Go-kart Activities ........................................................................................................ 7
15.0 Unnecessary Motor Vehicle Noise ............................................................................. 7
15.1 Car Rallies ................................................................................................................... 7
16.0 Sound Reproduction or Amplification Devices ........................................................ 7
17.0 General Exemptions ................................................................................................... 8
18.0 Exempted Employment Areas ................................................................................... 8
19.0 Delegated Authority to Grant Exemptions ................................................................ 9
20.0 Exemption for Construction Equipment ................................................................... 9
21.0 Exemption for Temporary Motor Racing Competitions ......................................... 10
22.0 Enforcement .............................................................................................................. 11
23.0 Fines .......................................................................................................................... 11
24.0 Administrative Monetary Penalties ......................................................................... 11
25.0 Severability ................................................................................................................ 12
26.0 Repeal and Amendment of Other By-laws .............................................................. 12
27.0 Force and Effect ........................................................................................................ 12
Schedule 1 ......................................................................................................................... 13
Schedule 2 ......................................................................................................................... 14
Schedule 3 ......................................................................................................................... 17
Schedule 4 ......................................................................................................................... 18
Schedule 5 ......................................................................................................................... 19
Schedule 6 ......................................................................................................................... 20
1.0 Short Title
(1) This By-law shall be known and may be cited as "The Noise Control By-Law".
2.0 Applicability and Scope
(1)
The provisions of this By-law apply to all noise within the City of Vaughan.
(2)
Despite 2.0(1), Schedule 3 lists Ministry NPC Publications that inform various
provisions included in this By- law, as well as detail regulation of Noise that is
outside of City's jurisdiction. This By-law does not apply to Noise that falls
explicitly under provincial jurisdiction and for which regulation is prescribed by
Ministry NPC Publications.
(3)
Despite 2.0(1), in line with the Municipal Act, this By-law does not apply to noise
made in connection with deliveries of goods to any of the following:
(a)
retail business establishments;
(b)
restaurants, including bars and cafes;
(c)
hotels and motels;
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(d)
good distribution facilities.
3.0
Definitions and Interpretation
(1) In this By-Law:
"Applicant" includes any person or persons seeking in writing from the Director of
Enforcement, an exemption of either a temporary or permanent nature from the
provisions and requirements of this By-law;
"Banquet Hall" means a building or part thereof used for the purpose of entertaining a
large assembly of people, where food and liquor may be provided, and may include an
Eating Establishment as an accessory use, as per the Business Licensing By-law;
[Added by section 1. of By-law 059-2024 on April 22, 2024]
"Business Licensing By-law" refers to City Business Licensing By-law 122-2022, as
amended, or its successor by-law; [Added by section 1. of By-law 059-2024 on April 22,
2024]
"Car Rally" has the same meaning as in the City's Special Events By-law 045-2018, as
amended, or its successor by-law; [Added by section 1. of By-law 046-2024 on March
26, 2024]
"City" means the municipal corporation of the City of Vaughan or the geographic area of
the City of Vaughan as the context requires;
"Class 4 Area" means a Class 4 Area within the meaning of the Ministry NPC
Publication 300 - Stationary and Transportation Sources;
"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, scrapers, pavers, generators, off Highway haulers or trucks,
ditchers, compactors and rollers, pumps, concrete mixers, graders, or other Vehicle
intended to haul, move, transport and/or material handling equipment;
"Construction Site" means the area or portion of land used for Construction or any other
area used for any purpose related to the Construction or for any related purpose;
"Conveyance" includes a Vehicle and any other device used to transport a person
or persons or goods from place to place but does not include any Vehicle or device
operated only within the premises of a person;
"Council" means the Council of City of Vaughan;
"dBA" means the Sound level in decibels obtained when using a Sound level meter with
the A- weighting;
"Director of Enforcement" means the person occupying the position of the Department
Head/Director of By- law & Compliance, Licensing & Permit Services of the City of
Vaughan or authorized delegate;
"Director of Environmental Services" means the person occupying the position of
the Department Head/Director of Environmental Services of the City of Vaughan or
authorized delegate;
"Eating Establishment" means a building or place where food and drink are prepared
and offered for sale and served at the same table or counter where the food and drink
are ordered and are to be consumed and shall include but not be limited to, cafeteria-
style, buffet, self-service, or take out facilities, and includes Restaurant; Eating
Establishment, Convenience; Eating Establishment, Convenience with Drive-through;
and Eating Establishment, Takeout, but shall not include a Banquet Hall, Pub, Lounge
or a Night Club as a principal or an accessory use, as per the Business Licensing By-
law; [Added by section 1. of By-law 059-2024 on April 22, 2024]
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"Effective Muffler" means a muffler in good working order and in constant operation
to prevent excessive or unusual Noise or excessive smoke but it does not include a
cut- out muffler, straight exhaust gutted muffler, Hollywood muffler, by-pass or similar
device;
"Emergency Work" means any necessary work, activities or actions to be undertaken
by the City to address an immediate danger to the health or safety of any person;
"Enforcement Officer" means a person appointed by the Council of the City of Vaughan
as a Municipal Law Enforcement Officer, pursuant to s.15.2 of the Police Services Act,
to enforce the provisions of this By-law or a sworn member of York Regional Police,
Ontario Provincial Police, Royal Canadian Mounted Police, or any other person so
authorized;
"Environmental Compliance Approval" means a Certificate of Approval issued under
section 9 of the Environmental Protection Act, a Renewable Energy Approval issued
under section 47.3 of the Environmental Protection Act, a Ministry approval issued
under Part II.1 of the Environmental Protection Act, or an approval or decision made
under the Environmental Assessment Act.
"Exempted Employment Area" means an industrial or commercial location that is
adjacent to a Class 4 Area and which possesses a Ministry-approved Environmental
Compliance Approval that outlines allowed activities, and is listed under Schedule 5 in
this By-law;
"Highway" includes a common and public Highway, as defined under the Highway Traffic
Act R.S.O. 1990 and includes any bridge, trestle, viaduct, or other structure forming part
of the Highway designed and intended for, or used by, the general public for the passage
of Vehicles;
"Ministry" means the Ministry of the Environment and Climate Change;
"Motor Vehicle" means any Motorized Conveyance and includes any 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;
"Motorized Conveyance" means a Conveyance propelled or driven otherwise than by
muscular, gravitational or wind power;
"Municipal Act" means the Municipal Act, 2001, S.O. 2001, c. 25, as amended, or its
successor regulation;
"Municipality" means the land within the geographic limit of City of Vaughan and City
shall have a concurrent meaning;
"Necessary Municipal Work" means work being undertaken by the City, the Region,
Transit Authority, or any other level of government, and its agents, and includes but is
not limited to any rehabilitation or require maintenance processes and activities within
the Public Right of Way or any Highway as defined by the Highway Traffic Act (HTA)
of Ontario, using of Construction Equipment that requires work must be performed at
times that minimize traffic disruption, including minimizing lane closures or lane
restrictions, or both, and includes any works undertaken on Property owned or under
the control of the City, Region, or any other level of government. Without forgoing the
generality rehabilitation or maintenance processes and activities include but are not
limited to:
(a)
deck removal of any Highway;
(b)
intersection rehabilitation and all related work;
(c)
all transit authority work, including any ancillary Property or facilities and
infrastructure;
(d)
all other work as determined necessary by the Director of Enforcement, or
delegate;
"Noise" means unwanted Sound;
"Notice" means any Notice required to be given by the City to the Owner with respect to
this By-law, such Notice shall either be delivered or sent by prepaid registered mail to
5
the Owner's address, as provided to the Clerk's Department. A Notice includes an order
issued under sections 444 and 445 of the Municipal Act, 2001, as amended. In the event
such Notice is mailed, it is deemed delivered on the third business day after mailing;
"NPC Publication" means a specified publication of the Noise Pollution Control Section
of the Pollution Control Branch of the Ministry named in Schedule 3 of this By-Law;
"Owner" means the registered Owner of the Property;
"Permit" means and includes any Permit or written authorization of a temporary
or permanent nature, issued by the Director of Enforcement, which provides an
exemption(s) to specified terms and conditions of this By-law and may prescribe
additional required conditions for the Permit Holder;
"Permit Holder" means any person or persons to whom the Director of Enforcement has
been issued a Permit;
"Point of Reception" means any point on a Property or a location where Noise from a
Stationary Source is received, in accordance with Ministry NPC Publication-300 -
Stationary and Transportation Sources;
"Property" means a building or structure or part thereof and includes the lands
appurtenant thereto and all mobile homes, buildings and/or any mobile or temporary
structures and includes all vacant lands;
"Public Right of Way" means any public or common areas which are open to use by
members of the general public, including pedestrians or Vehicles, such as, but not
limited to a footpath, sidewalk, and Highway as defined by this by-law;
"Quiet Zone" means all lands located within a distance of 250 meters of all exterior walls
of a hospital, nursing home, or seniors retirement facility;
"Refuse Compacting Equipment" means a Vehicle fitted in order to compact and
transport refuse;
"Residential Area" means an area of the Municipality designated for residential use in
City of Vaughan Zoning By-Law, which includes land, buildings and structures intended
for human habitation;
"Sound" means an auditory vibration or sensation; [Amended by section 2. of By-law
046-2024 on March 26, 2024]
"Sound Amplifying System" means any system of loudspeakers, amplifiers,
microphones or reproducers or any combination of such equipment, including electronic
devices or electro- mechanical transducers, used in the reproduction or amplification of
music, speech or other Sounds;
"Sound Reproduction Device" means a device intended primarily for the production
or reproduction of Sound, including, but not limited to, any musical instrument, radio
receiver, television receiver, tape recorder, phonograph, loudspeakers or Sound
Amplifying System;
"Source" or "Source of Sound or Vibration" means an activity, matter, thing, or tangible
personal Property or real Property, from which Sound or vibration is emitted;
"Special Event" has the same meaning as defined in the City's Special Event By-law or
successor by-law;
"Stationary Source" means a Source of Sound or combination of Sources of Sound that
are included and normally operated within the Property lines of a facility and includes
the premises of a person as one Stationary Source unless the dominant Source on the
premises is Construction Equipment or a Conveyance. It encompasses all the activities
taking place within the Property boundary of the facility, including regular on-site traffic
and material handing such as on-site movement of trucks and trailers and routine
loading and unloading activity.
"Vehicle" includes a Motor Vehicle, trailer, traction engine, farm tractor, road-building
machine, motorcycle, bicycle, and any Vehicle drawn, propelled, or driven by any kind
of power, including muscular power, but does not include a motorized snow Vehicle or
the cars of electric or steam railways running only upon rails.
4.0 Prohibitions
(1) No person shall emit, cause or permit the emission of Sound resulting:
6
(a)
from a Stationary Source such that the level of resultant Sound at a Point
of Reception located in a Residential Area or Quiet Zone exceeds the
applicable Sound level limits prescribed in the applicable NPC
Publications listed in Schedule 3;
(b)
from any act listed in Schedule 1 - General Prohibitions for which the
Sound can be heard at a Point of Reception;
(c)
from any act listed in Schedule 2 - Prohibitions by Time and Place, if it can
be heard at a Point of Reception in a Residential Area or Quiet Zone at a
prohibited time, unless the Sound is generated in an Exempted
Employment Area and can be heard in a Class 4 Area, and the act(s) in
the Exempted Employment Area are subject to a valid Ministry-issued
Environmental Compliance Approval that states that the specific act(s) of
Schedule 2 are permitted, and the act(s) being conducted are in
compliance with the Environmental Compliance Approval. [Amended by
section 1. of By-law 134-2023 on September 26, 2023]
5.0
Pre-Emption
(1) Where more than one provision in Section 4(1) applies to a Source of Sound, the
less restrictive provision shall prevail.
6.0
Unusual Noise, Noise Likely to Disturb
(1)
No person shall emit, cause or permit any unusual Noise or Noise likely to disturb
the inhabitants of the City in a Residential Area. [Amended by section 2. of By-
law 134-2023 on September 26, 2023]
7.0
Bells, Horns, Shouting
(1)
No person shall ring any bell, Sound any horn, or shout in a manner likely to
disturb the inhabitants of the City provided that nothing herein contained shall
prevent:
(a)
the ringing of bells, or electronic reproduction of the Sound of bells, in
connection with any church, chapel, meeting house or religious service;
(b)
the ringing of fire bells or fire alarms or the making of any other Noise for
the purpose of giving Notice of fire or any other danger or any unlawful act
for a continuous period of time of twenty (20) minutes or less.
8.0 Air Conditioners, Heat Pumps and Similar Devices
(1)
No person shall use or operate, or cause to be used or operated or permit use
of, any residential air conditioner, heat pump, or similar device, the Noise from
which has a level greater than 61 dBA when measured at the Point of
Reception. [Amended by section 3. of By-law 134-2023 on September 26,
2023]
9.0
Pump of Filtration Systems
(1)
No person shall use or operate or cause to be used or operated or permit of use
any pump, filtration system or similar device for an outdoor swimming pool, hot
tub, spa, fountain or water feature, the Noise from which has a level greater
than 55 dBA when measured at the Point of Reception or in compliance with
Schedule 3, NPC Publication-300 - Stationary and Transportation Sources.
[Amended by section 4. of By-law 134-2023 on September 26, 2023]
10.0
Construction
(1)
No person shall, between 1900 hours of one day and 0700 hours of the next
day, operate or cause to be operated or permit the operation of any Construction
Equipment in connection with the Construction of any building or structure,
Highway, motor car, steam boiler or other engine or machine.
[Amended by section 1. of By-law 118-2024 on June 25, 2024]
(2)
Despite section 10.0(1), no person shall operate or cause to be operated or
permit the operation of any Construction Equipment at any time on any Sunday
or on any statutory holiday. [Amended by section 2. of By-law 118-2024 on June
25, 2024]
(3)
Subsection 10(1) and (2) does not apply to Necessary Municipal Work and
Emergency Work as defined by this By-law.
7
11.0 Loading and Unloading
(1)
No person shall load or unload any transport truck, commercial Vehicle, or any
other Vehicle used to transport anything whatsoever, including but not limited to
goods, materials, fill, debris and waste, between 23:00 of one day and 07:00 of
the next day, or at any time on Sundays and Statutory Holidays, so as to make
or cause Noises that disturb, or tend to disturb the quiet, peace, rest, enjoyment,
comfort or convenience of the neighbourhood in a Residential Area.
(2)
Section 11(1) does not apply to waste removal operations undertaken by the City
as authorized by the Director of Enforcement or Director of Environmental
Services.
(3)
In line with the Municipal Act, Section 11(1), does not apply to noise made in
connection with deliveries of goods to any of the following:
(a)
retail business establishments;
(b)
restaurants, including bars and cafes;
(c)
hotels and motels;
(d)
good distribution facilities.
12.0 Mufflers
(1)
No person shall discharge into the open air, on any Property other than a
Highway, the exhaust of any Motor Vehicle except through a muffler or other
device, which effectively prevents loud or explosive Noises.
13.0 Motor Sports
(1)
No person shall operate or Permit the operation of racing competitions between
Motor Vehicles on a Property other than a Highway within the City, whether or
not an admission fee is charged, unless:
(a)
the competitions are held at a permanent facility;
(b)
all Motor Vehicles are properly equipped with Effective Mufflers; and
(c)
such competitions are not carried out between 2300 hours of one day and
1000 hours of the next day.
(2)
Subsection (1) shall not apply to permanent go-kart operations on a Property
other than a Highway.
14.0 Go-kart Activities
(1)
No person shall operate or Permit the operation of go-kart activities on a Property
other than a Highway within the City, whether or not an admission fee is charged,
unless:
(a)
the activities are held at a permanent go-kart facility;
(b)
all go-karts are equipped with Effective Mufflers; and
(c)
such activities are not carried out between 2300 hours of one day and
0700 hours of the next day.
15.0 Unnecessary Motor Vehicle Noise
(1)
No person shall cause or Permit unnecessary Motor Vehicle Noise such as the
Sounding of the horn, or revving of engine, or the squealing of tires of any Motor
Vehicle on any Property other than a Highway, which does not include back-up
beepers or similar devices used by Vehicles for safety purposes.
15.1 Car Rallies
(1)
Despite sections 12.0(1) and 15.0(1), no Person shall emit, cause or permit
Noise from a Car Rally in the City. [Added by section 3. of By-law 046-2024 on
March 26, 2024]
16.0 Sound Reproduction or Amplification Devices
(1)
No person in a Residential Area shall operate or use or cause to be operated or
used or permit any Sound Reproduction Device during any time of day so as to
disturb the peace and comfort of any person in any dwelling house, or other
type of residence. [Amended by section 7. of By-law 134-2023 on September
26, 2023]
8
(2)
In addition to Subsection (1), Noise from a Sound Reproduction Device, when
measured in any dwelling house, apartment house, or any other type of
residence in a Residential Area, shall be compliant with the limits set in
Schedule 3, NPC Publication-300 - Stationary and Transportation Sources.
(3)
No person shall operate or use or cause to be operated or used or permit any
Sound Reproduction Device on any Highway or other public place. [Amended
by section 8. of By-law 134-2023 on September 26, 2023]
(4)
No person shall operate or use or cause to be operated or used or permit any
Sound Reproduction Device originating from or in connection with the operation
of any commercial establishment at any time. [Amended by section 1. of By-law
134-2023 on September 26, 2023]
(4.1) Notwithstanding section 16.0(4) an Eating Establishment or a Banquet Hall that
has a patio that is in compliance with this By-law and all other applicable City
bylaws may operate a Sound Reproduction Device such that the amplified Sound
from it allows for normal conversation. [Added by section 2. of By-law 059-2024
on April 22, 2024]
(4.2) For purposes of section 16.0(4.1), an Officer has discretion to establish whether
the amplified Sound allows for normal conversation. [Added by section 3. of
Bylaw 059-2024 on April 22, 2024]
(4.3) Notwithstanding section 16.0(4.1), if three or more complaints are received by
the City respecting the amplified Sound being emitted, as per section 16.0(4.1),
within a one-month period with respect to the same Eating Establishment or
Banquet Hall, the Director may impose limitations on that Eating Establishment
or Banquet Hall's municipal business licence or endorsement in accordance with
City's Business Licensing By-law, including prohibiting the use of a Sound
Reproduction Device. [Added by section 4. of By-law 059-2024 on April 22,
2024]Subsections (1) and (3) do not apply to prevent:
(a)
the use of Sound Reproduction Devices in the City's parks provided that
the user has a Permit from or the written permission of the City to do so
and the user otherwise complies with the provisions of this By-law,
including the Noise level maximum herein provided;
(b)
the amplification of the Sound of the ringing of bells or the playing of
chimes in connection with, any church, chapel, meeting house or
religious service, or the City Hall between 0900 hours and 2100 hours
of the same day;
(c)
the use of musical instruments by street musicians on the Highway or
other public place, provided that it does not disturb the peace, enjoyment
and comfort or convenience of individuals or the public.
17.0 General Exemptions
(1)
The provisions of this By-law shall not apply to the City or Regional Municipality
of York, the Province of Ontario, the Government of Canada or any of their agents
when the emission of Sound is in connection with work undertaken for the
immediate health, safety or welfare of the inhabitants of the City.
(2)
The provisions of this By-law shall not apply to preclude musicians or performers
providing outdoor entertainment involving Sound Reproduction Devices during
Special Events that have been granted a Special Events Permit by the City.
(3)
The provisions of this By-law shall not apply to agricultural operations and
agricultural processing activities in areas zoned for agricultural use, as per the
Zoning By-law or its successor by-law.
(4)
The provisions of this By-law shall not apply to snow removal activities conducted
by the City, Regional Municipality of York, or the Province of Ontario.
(5)
Nothing in this By-law shall prevent the clearing of snow from designated fire
routes.
18.0
Exempted Employment Areas
(1)
The Director of Enforcement is delegated the authority to include a location as
an Exempted Employment Area in Schedule 5, when such location:
9
(a)
is a commercial or industrial location adjacent to a Class 4 Area that is
identified on Schedule 4 of this By-law; and
(b)
has a Ministry-approved Environmental Compliance Approval in good
standing that lists the activities that may be performed at that location.
(2)
Exempted Employment Areas are permitted to perform activities listed in their
Ministry-approved Environmental Compliance Approval, including those activities
that do not meet the requirements listed in Schedule 2 of this By-law.
(3)
For activities not listed in an Environmental Compliance Approval, the other
provisions of this By-law continue to apply.
(4)
If, in the opinion of the Director of Enforcement, a location designated as an
Exempted Employment Area no longer meets the conditions of Section 18(1)(a)
or (b), the Director of Enforcement shall send a Notice to the Owner of the
location designated as an Exempted Employment Area advising of their opinion
and the basis for it.
(5)
An Owner in receipt of a Notice under Section 18(4) shall have 60 days from the
date of the Notice to respond to the Director of Enforcement and establish how
the location meets the conditions of Section 18(1)(a) and (b).
(6)
Failure by the Owner in receipt of a Notice under Section 18(4) to respond within
60 days of the date of the said Notice shall result in the subject location no longer
designated an Exempted Employment Area, effective immediately.
(7)
If, upon the receipt and review of a response to a Notice under Section 18(4), the
Director of Enforcement is still of the opinion that the location no longer meets
the conditions of Section 18(1)(a) or (b), the Director of Enforcement shall bring
the matter before Council for a final determination.
(8)
With respect to a matter under Section 18(7), Council may:
(a)
uphold the determination made by the Director of Enforcement;
(b)
overturn the determination made by the Director of Enforcement; and/or
(c)
establish conditions under which the location may continue to be
designated as an Exempted Employment Area.
19.0 Delegated Authority to Grant Exemptions
(1)
The Director of Enforcement is delegated the authority to grant an exemption for
an event subject to the following conditions:
(2)
The event relates to live or recorded music or involves the use of a Sound
Amplifying System or Sound Reproduction Device operated in a reasonable
manner in the context of the Special Event;
(3)
The event shall not create Noise to exceed 55 dBA when measured at the Point
of Reception;
(4)
Any activity that is lawfully carried out pursuant to a Special Event Permit issued
by the City is subject to any conditions imposed on the Special Event Permit.
Where there is a conflict between a condition imposed on the Special Event
Permit and this By-law, the requirements of this By-law shall prevail;
(5)
The breach of any conditions imposed by this Section shall nullify the Special
Event Permit;
(6)
An Enforcement Officer may monitor the activity at the Special Event, the cost of
which will be borne by the Special Event Permit Holder at a rate of remuneration
established under the City of Vaughan Fees & Charges By-law.
20.0 Exemption for Construction Equipment
(1)
The Director of Enforcement is delegated the authority to grant an exemption to
Subsection 7(1) for Construction Equipment utilized during prohibited hours
subject to the following conditions:
(a)
the use of Construction Equipment shall not exceed the established Noise
levels of Schedule 3, NPC Publication-115, Construction Equipment;
(b)
the duration of the exemption requested shall not exceed 90 days in
length;
10
(c)
the application for exemption complies with the provisions of s.20.0 (2).
[Amended by section 12 of By-Law 134-2023 on September 26, 2023.]
(d)
Applicants have obtained all required City permits and approvals prior to
applying for an exemption. [Amended by section 13 of By-Law 134-2023
on September 26, 2023.]
(2)
An application for exemption from the provisions of the Noise by-law for
Construction Equipment shall be made in writing to the Director of Enforcement
at least sixty (60) days prior to the commencement of the use of the
Construction Equipment for which the exemption is sought and shall include the
following:
(a)
the name and address of the Applicant;
(b)
the name and address of the business represented by the Applicant, if
applicable;
(c)
the Source of Sound or Vibration in respect of which the exemption is
sought;
(d)
the provision of this By-law from which the exemption is sought;
(e)
the date and time of commencement of the Construction, for which the
exemption is sought;
(f)
the time of conclusion for each day for the use of the Construction
Equipment for which the exemption is sought;
(g)
the duration of the use of the Construction Equipment, for which the
exemption is sought;
(h)
the location of the Construction for which the exemption is sought;
(i)
rationale for granting an exemption;
(j)
the name of the contact person or persons who will be supervising the use
of the Construction Equipment, and
(k)
payment of the application fee as described in the City of Vaughan Fee
Bylaw.
(l)
proof that the applicant has obtained all required City permits and
approvals for their project, such as, but not limited to, building and
construction permits. [Amended by section 14 of By-Law 134-2023 on
September 26, 2023.]
(3)
The Director of Enforcement may require the Applicant to provide
documentation confirming that notification of the use of Construction Equipment
has been given to the affected parties including but not limited to community
associations, business improvement areas and adjacent residents and
businesses.
(4)
Where the Director of Enforcement requires monitoring of Sound levels
resulting from the Construction, the monitoring shall be conducted at the
Applicant's expense as outlined in the City of Vaughan Fees & Charges By-law.
21.0 Exemption for Temporary Motor Racing Competitions
(1)
The Director of Enforcement is delegated the authority to grant an exemption for
motor racing competitions at temporary venues subject to the following
conditions:
(a)
the competition does not exceed three (3) days in length; and
(b)
the event shall not create Noise to exceed 65 dBA at any Point of
Reception.
(2)
An application for exemption from the provisions of the Noise By-law for motor
racing competitions at temporary venues shall be made in writing to the Director
of Enforcement at least sixty (60) days prior to the commencement of the
temporary motor competition for which the exemption is sought and shall include
the application provisions as outlined in Section 20 (2), and may include any
other conditions as determined by the Director of Enforcement.
11
(3)
The Director of Enforcement may require the Applicant to provide documentation
confirming that notification of the motor racing competition at a temporary venue
has been given to the affected parties including but not limited to community
associations, business improvement areas and adjacent residents and
businesses.
(4)
Where the Director of Enforcement requires monitoring of Sound levels resulting
from the event or activity, the monitoring shall be conducted at the Applicant's
expense as outlined in the City's Fee By-law.
22.0
Enforcement
(1)
This By-law shall be enforced by any Enforcement Officer or person duly
authorized by the City.
(2)
An Enforcement Officer may enter upon land within the City at any reasonable
time for the purpose of carrying out inspections to determine whether the
following are being complied with this By-law or a Notice or order issued in
accordance with this.
(3)
An Enforcement Officer may:
(a)
require, for inspection, the production of documents or things relevant to
the inspection;
(b)
inspect and remove documents or things relevant to the inspection for the
purpose of making copies or extracts of them;
(c)
require information from any person concerning a matter related to the
inspection;
(d)
be accompanied by such person or persons as the Enforcement Officer
determines is necessary if such person or persons possesses special or
expert knowledge related to the purpose of the inspection; and
(e)
make examinations or take tests, samples or photographs necessary for
the purposes of the inspection.
(4)
For greater certainty, section 22.0(3) authorizes an Enforcement Officer to
require individuals to provide their name, address and identification, and the
Enforcement Officer is permitted to use that information in the course of the
investigation and to enforce this By-law. [Added by section 6. of By-law 0462024
on March 26, 2024]
23.0 Fines
(1)
Every person who contravenes any of the provisions of this By-law is guilty of an
offence. Every person who is convicted of an offence under this By-law is liable
to a fine as provided for in the Provincial Offences Act, R.S.O. 1990, Chap. P.33
(2)
When a person has been convicted of an offence under this by-law:
(a)
the Ontario Court (Provincial Division) of the City of Vaughan, or
(b)
any court of competent jurisdiction thereafter may, in addition to any other
penalty imposed on the person convicted, issue an order prohibiting the
continuation or repetition of the offence or the doing of any act or thing by
the person convicted directed toward the continuation or repetition of the
offence.
24.0
Administrative Monetary Penalties
(1)
Instead of laying a charge under the Provincial Offences Act, R.S.O. 1990,
Chapter P.33, as amended, for a breach of any provisions of this By-law or failure
to comply with a Notice under this By-law, an Officer may issue an administrative
monetary penalty to the person who has contravened this By-law.
(2)
If a person is required to pay an administrative monetary penalty, no charge shall
be laid against that same person for the same contravention.
(3)
The amount of the administrative monetary penalty for a breach under this By-
law is listed in Schedule 6.
12
(4)
A person who is issued an administrative monetary penalty shall be subject to
the procedures provided for in the Administrative Monetary Penalties By-law, as
amended or its successor by-law.
(5)
An administrative monetary penalty imposed on a person that becomes a debt to
the City under the Administrative Monetary Penalties By-law, as amended or its
successor by-law, may be added to the municipal tax roll and collected in the
same manner as municipal taxes.
25.0 Severability
(1)
It is declared that if any Section, Subsection or part or parts thereof be declared
by any Court of Law to be bad, illegal or ultra vires, such Section, Subsection or
part or parts shall be deemed to be severable and all parts hereof are declared
to be separate and independent and enacted as such.
(2)
In this by-law, a word interpreted in the singular number has a corresponding
meaning when used in the plural.
26.0 Repeal and Amendment of Other By-laws
(1)
The Noise By-law 062-2018, and its amending by-laws 168-2019 and 105-2020
are hereby repealed and replaced.
(2)
Schedule 1 of the Administrative Monetary Penalties By-law, as amended, is
hereby amended by including this By-law as a Designated By-law.
(3)
Schedules "1", "2", "3", "4", "5", "6" and any Publications NPC annexed hereto are
hereby declared to form part of this By-law.
27.0
Force and Effect
(1)
This By-law shall come into force and effect on the date it was enacted.
Enacted by City of Vaughan Council this 27th day of September, 2021.
Hon. Maurizio Bevilacqua, Mayor
Todd Coles, City Clerk
Authorized by Item No. 20 of Report
No.39 of the Committee of the Whole
Adopted by Vaughan City Council on
September 27, 2021
13
Schedule 1
General Prohibitions
(1) Racing of any Motorized Conveyance other than in a racing event regulated by
law.
(2) The operation of a Motor Vehicle in such a way that the tires squeal.
(3) The operation of any combustion engine shall not discharge into the open air,
on any Property other than a Highway, the exhaust of any Motor Vehicle except
through a proper muffler or legal device which effectively prevents loud or
explosive Noises.
(4) The operation of a Vehicle or a Vehicle with a trailer resulting in banging,
clanking, squealing or other like Sounds due to improperly secured load or
equipment;
(5) The operation of an engine or motor in, or on, any Motor Vehicle or item of
attached auxiliary equipment for a continuous period exceeding five minutes,
while such Vehicle is stationary in a Residential Area or, unless:
(a)
the Vehicle is in an enclosed structure constructed so as to effectively
prevent excessive Noise emission; or,
(b)
the original equipment manufacturer specifically recommends a longer
idling period for normal and efficient operation of the Motor Vehicle in which
case such recommended period shall not be exceeded; or,
(c)
operation of such engine or motor is essential to a basic function of the
Vehicle or equipment, including but not limited to, operation of ready mixed
concrete trucks, lift platforms or refuse compactors and heat exchange
systems; or,
(d)
weather conditions justify the use of heating or refrigerating systems
powered by the motor or engine for the safety and welfare of the operator,
passengers or animals, or preservation of perishable cargo; or,
(e)
prevailing low temperatures make longer idling periods necessary,
immediately after starting the motor or engine; or,
(f)
the idling is for the purpose of cleaning and flushing the radiator and
associated circulation system for seasonal change or antifreeze, cleaning
of the fuel system, carburetor or the like, when such work is performed other
than for profit.
(6) The operation of a Motor Vehicle horn or other warning device except where
required or authorized by law in accordance with good safety practices.
(7) The operation of any item of Construction Equipment shall not discharge into
the open air, on any Property other than a Highway the exhaust except through
a proper muffler or legal device, which effectively prevents loud or explosive
Noises.
14
Schedule 2
Time and Place Prohibited Periods
[Amended by section 10. of By-law 134-2023 on September 26, 2023]
No.
Activity
When
it
is
prohibited in
the Quiet
Zone
When it is
prohibited
in a
Residential
Area
1
The operation of any auditory
signaling device, including but not
limited to the ringing of school or
other bells or gongs and the blowing
of horns or sirens or whistles, or the
production,
reproduction
or
amplification of any similar Sounds,
unless required in accordance with
good safety practices.
at any time
19:00 hrs. of
one day to
07:00 hrs. next
day (09:00 hrs.
on
Sundays)
2
The operation of any electronic
device
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.
at any time
23:00 hrs. of
one
day
to
07:00 hrs. next
day (09:00 hrs.
on Sundays)
3
Loading, unloading, delivering,
packing, unpacking, or otherwise
handling
any
containers,
produce, materials, or refuse
whatsoever, unless necessary
for the maintenance of essential
services or as a result of
deliveries to retail businesses,
restaurants, bars, cafes, hotels,
motels and goods distribution
facilities.
19:00 hrs. of
one
day
to
07:00
hrs.
next
day
(09:00 hrs. on
Sundays and
Statutory
Holidays)
19:00 hrs. of
one day to
07:00 hrs. next
day and all day
Sundays and
Statutory
Holidays
4
The
operation
of
any
Construction
Equipment
in
connection with Construction.
17:00 hrs. of
one day to
07:00 hrs. next
day and all day
Sundays and
Statutory
Holidays
19:00 hrs. of
one day to
07:00 hrs. next
day and all day
Sundays and
Statutory
Holidays
5
The detonation of fireworks or
explosive devices
at any time
23:00 hrs. of
one
day
to
07:00 hrs. next
day (09:00 hrs.
on
Sundays)
15
6
The operation of a combustion
engine which is, or is used in, or is
intended for use in, a toy or a model
or replica of a larger device, which
model or replica has no function
other than amusement and which is
not a Conveyance.
at any time
19:00 hrs. of
one day to
07:00 hrs. next
day (09:00 hrs.
on Sundays)
7
The operation of any powered rail
car including but not limited to
refrigeration cars, locomotives or
self-propelled
passenger
cars,
while stationary on Property not
owned or controlled by a railway
governed by The Canada Railway
Act.
at any time
23:00 hrs. of
one day to
07:00 hrs. next
day (09:00 hrs.
on Sundays)
8
The operation of any Motorized
Conveyance
other than
on a
Highway or other place intended for
its operation, in which "Motorized
Conveyance" includes, but is not
limited to snowmobiles, mopeds,
go- carts, track bikes and trail bikes.
at any time
19:00 hrs. of
one day to
07:00 hrs. next
day (09:00 hrs.
on Sundays)
9
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 any time
23:00 hrs. of
one day to
07:00 hrs. next
day (09:00 hrs.
on Sundays)
10
Persistent
barking,
calling
or
whining or other similar persistent
Noise making by any domestic pet.
at any time
at any time
11
The operation of any powered or
non- powered tool for domestic
purposes
other
than
snow
removal.
17:00 hrs. of
one
day
to
07:00 hrs.
next day
(09:00 hrs. on
Sundays)
21:00 hrs. of
one day to
07:00 hrs. next
day (09:00 hrs.
on Sundays)
12
The operation of solid waste bulk lifts
or Refuse Compacting Equipment.
17:00 hrs. of
one
day
to
07:00 hrs.
next day
(09:00 hrs. on
Sundays)
19:00 hrs. of
one day to
07:00 hrs. next
day (09:00 hrs.
on Sundays)
13
The operation of commercial car
wash with air-drying equipment.
17:00 hrs. of
one
day
to
07:00 hrs.
next day
(09:00 hrs. on
Sundays)
22:00 hrs. of
one day to
07:00 hrs. next
day (09:00 hrs.
on Sundays)
14 The operation of a power assisted
hang glider or Para foil.
at any time
at any time
15 The operation of any item of snow
making equipment.
at any time
at any time
16
16 The operation of a Sound emitting
pest control device.
at any time
at any time
17 The discharge of firearms.
at any time
at any time
17
Schedule 3
Index of NPC Publications
NPC Publication-101
Technical Definitions Publication
NPC Publication-102
Instrumentation
NPC Publication-103
Procedures
NPC Publication-104
Sound Level Adjustments
NPC Publication-115
Construction Equipment
NPC Publication-117
Domestic Outdoor Power Tools
NPC Publication-118
Motorized Conveyances
NPC Publication-119
Blasting
NPC Publication-206
Road Traffic
NPC Publication-300
Stationary and Transportation Sources
18
Schedule 4
City of Vaughan Class 4 Designated Areas
Tesmar Holdings Inc., part of Lot 15, Concession 4, being Parts 1 to 9 Incl. on Plan
65R32119, City of Vaughan, Regional Municipality of York.
27 Developments Inc., located at 8440 Highway 27, Vaughan, Ontario, L4L 1A5, Part of
Lot 10, Concession 9, being Part 1 on Plan 65R-40261, City of Vaughan, Regional
Municipality of York, pertaining to the hotel and ancillary uses. [Amended by section 1. of
By-law 047-2023 on April 25, 2023].
19
Schedule 5
City of Vaughan Exempted Employment Areas
805062 Ontario Limited, a wholly owned subsidiary of Granite Real Estate
Investment Trust and Granite REIT Inc., and its lessee, Magna International Inc.,
part of Lot 15, Concession 4, being Parts 1, 2, 11, 12, 13, 14, 15, 16 on 65R-
34051, City of Vaughan, Regional Municipality of York. Municipally known as 401
Caldari Road, Vaughan, ON L4K 5P1.
20
Schedule 6
Offences and Corresponding Administrative Monetary Penalties
[Amended by section 10. of By-law 134-2023 on September 26, 2023], [Amended by
sections 4. and 5. of By-law 046-2024 on March 26, 2024], [Amended by section 5. of
By-law 059-2024 on April 22, 2024] [Amended by section 3. of By-law 118-2024 on
June 25, 2024]
Section
Description
Fine
Amount
4.0(1)(a)
Emit or cause or permit emission of Sound from
a Stationary Source
$400
4.0(1)(b)
Emit or cause or permit emission of Sound
from Schedule 1
$400
4.0(1)(c)
Emit or cause or permit emission of Sound
from Schedule 2
$400
6.0(1)
Emit or cause or permit any unusual Noise or
Noise likely to disturb inhabitants
$300
7.0(1)
Ring a bell, Sound a horn or shout in a manner
likely to disturb inhabitants
$200
8.0(1)
Use or operate or cause to be used or
operated or permit use of an air conditioner,
heat pump, or similar device which has noise
a level greater than 61 dBA
$500
9.0(1)
Use or operate or cause to be used or
operated or permit use of a pump, filtration
or similar device which has a has a noise
level greater than 55 dBA
$500
10.0(1)
Operate or cause to be operated or permit the
operation of Construction Equipment between
19:00 and 7:00 [Amended by section 3. of By-
law 118-2024 on June 25, 2024]
$750
10.0(2)
Operate or cause to be operated or permit the
operation of Construction Equipment on
Sunday or statutory holidays [Amended by
section 3. of By-law 118-2024 on June 25,
2024]
$750
11.0(1)
Load
or
unload
a
transport
truck,
commercial Vehicle or other transport
Vehicle between 23:00 and 07:00
$750
12.0(1)
Discharge into the open air exhaust not
through a muffler or other device that
prevents loud or explosive noises.
$750
13.0(1)
Operate or permit the operation of racing
competitions between Motor Vehicles on a
Property other than a Highway
$300
14.0(1)
Operate or permit the operation of go-kart
activities on a Property other than a Highway
within the City
$300
15.0(1)
Cause or permit unnecessary Motor Vehicle
Noise
$750
21
15.1(1)
Emit, cause or permit Sound or Noise from a Car
Rally - first offence.
$1000
15.1(1)
Emit, cause or permit Sound or Noise from a Car
Rally - second and consecutive offences.
$2000
16.0(1)
Operate or use or cause to be operated or
used or permit a Sound Reproduction
Device in a Residential Area so as to disturb
peace and comfort
$750
16.0(2)
Noise from a Sound Reproduction Device not
in compliance with Schedule 3, NPC-300
$500
16.0(3)
Operate or use or cause to be operated or
used or permit Sound Reproduction Device,
on a Highway or public place
$750
16.0(4)
Operate or use or cause to be operated or
used or permit a Sound Reproduction
Device, originating from or in connection
with a commercial establishment
$750
16.0(4.1)
Operate
a
Sound
Reproduction
Device,
originating from or in connection with a
commercial establishment outside seating area
with an amplified Sound beyond normal
conversation
$750
19.0(3)
Event creating Noise to exceed 55 dBA
$750
22
AMENDMENT HISTORY
NOISE BY-LAW
DATE
(YYYY/MM/DD)
BY-LAW
AUTHORITY
CONSOLIDATED
2023 / 04 / 25
047-2023
Item 6, Report 36, Committee of
the Whole
2023 / 09 / 26
134-2023
Item 7, Report 31, Committee of
the Whole
2024 / 03 / 26
046-2024
Item 6, Report 10, Committee of
the Whole
2024 / 04 / 22
059-2024
Item 10, Report 14, Committee of
the Whole
2024 / 06 / 25
118-2024
Item 22, Report 25, Committee of
the Whole