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THE CORPORATION OF THE TOWNSHIP OF WAINFLEET
BY-LAW NO. 028-2022
Being a By-law to regulate and control noise in the Township of Wainfleet
WHEREAS section 8 of the Municipal Act, 2001, S.O. 2001, c. 25 ("Municipal Act, 2001" or "the
statute") provides that the powers of a municipality under the statute or any other Act shall be
interpreted broadly so as to confer broad authority on the municipality to enable the municipality to
govern its affairs as it considers appropriate and to enhance the municipality's ability to respond to
municipal issues;
AND WHEREAS section 9 of the Municipal Act, 2001 provides that a municipality has the capacity,
rights, powers and privileges of a natural person for the purpose of exercising its authority under the
statute or any other Act;
AND WHEREAS section 11 of the Municipal Act, 2001 authorizes a municipality to pass by-laws
respecting the economic, social and environmental well-being of the municipality, the health, safety
and well-being of persons and the protection of persons and property and further authorizes it to
pass by-laws respecting animals;
AND WHEREAS section 129 of the Municipal Act, 2001 authorizes a municipality to pass by-laws
to prohibit and regulate with respect to noise;
AND WHEREAS section 425 of the Municipal Act, 2001 authorizes a municipality to create offences
for the contravention of its by-laws;
AND WHEREAS section 429 of the Municipal Act, 2001 authorizes a municipality to establish a
system of fines for offences under its by-laws;
AND WHEREAS section 434.1 of the Municipal Act, 2001 authorizes a municipality to establish a
system of administrative monetary penalties to assist the municipality in promoting compliance with
its by-laws;
AND WHEREAS the Council of the Township of Wainfleet deems it necessary and desirable in the
public interest to regulate noise in the municipality and to enact this By-law for that purpose;
NOW THEREFORE the Council of the Township of Wainfleet enacts as follows:
1.
SHORT TITLE
1.1. This By-law shall be known as the "Noise Control By-law".
2.
DEFINITIONS
2.1.
In this By-law:
"Administrative Monetary Penalty" means a monetary penalty administered pursuant to
Township By-law No. 027-2019, as amended from time to time.
"Agricultural Operation" has the same meaning as in the Farming and Food Production
Protection Act, 1998, S.O. 1998, c. 1 ("Farming and Food Production Protection Act, 1998").
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"Animal" means any member of the animal kingdom other than a human.
"Clearly Audible" means that the sound or noise in question is easily perceptible, without
undue effort, to a disinterested person with no hearing disability.
"Community Event" means an event that is open to the public including but not limited to a
fair, exhibition, celebration, sporting event, concert, festival, parade, or other similar event,
which may be presented or hosted by the Township or by another Person or organization.
"Construction" means erection, alteration, repair, dismantling, demolition, structural
maintenance, excavating, laying pipe or conduit, street and highway building, equipment
installation and alteration and the structural installation of construction components and
materials in any form, and includes any work in connection therewith, but does not include
Domestic Construction.
"Construction Equipment" means any equipment or device used or intended for use in
Construction, including but not limited to hand tools, power tools, air compressors, pile drivers,
pneumatic or hydraulic tools, bulldozers, tractors, excavators, trenchers, cranes, derricks,
loaders, scrapers, pavers, generators, haulers or trucks, ditchers, compactors and rollers,
pumps, concrete mixers, graders or other material handling equipment.
"Conveyance" means a vehicle or any other device used to transport a Person or Persons or
goods from place to place.
"Council" means the Council of The Corporation of the Township of Wainfleet.
"Domestic Construction" means erection, alteration, repair, dismantling, demolition,
structural maintenance, excavating, laying pipe or conduit and installation of equipment or
construction components or materials at a Property in a Residential Area that is carried on by
the Owner of the Property.
"Domestic Construction Equipment" means any equipment or device used or intended for
use in Domestic Construction, including but not limited to air compressors, pneumatic or
hydraulic tools, hand tools, tractors, excavators, loaders, backhoes, generators, concrete
mixers or other such equipment.
"Exemption Authority" means the Township Clerk or their designate and any other Person
appointed by the Township to authorize exemptions from this By-law.
"Highway" has the same meaning as in the Highway Traffic Act, R.S.O. 1990, c. H.8
("Highway Traffic Act") and, for greater certainty, includes all municipal, regional and provincial
highways within the boundaries of the Township of Wainfleet.
"Holiday" means New Year's Day, Family Day, Good Friday, Easter Monday, Victoria Day,
Canada Day, Civic Holiday, Labour Day, Thanksgiving Day, Christmas Day, Boxing Day and
any day set out in a Township By-law to be a Holiday.
"Inhabitants" means one or more Persons who reside in the Township, temporarily or
permanently, and may include visitors to the Township.
"Motor Vehicle" has the same meaning as in the Highway Traffic Act.
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"Normal Farm Practice" has the same meaning as in the Farming and Food Production
Protection Act, 1998.
"Officer" means any by-law enforcement officer appointed by Council for the purpose of
enforcing the by-laws of the Township or any provincial offences officer, member of the Niagara
Regional Police Service and/or member of the Ontario Provincial Police.
"Order" means an order issued under this By-law.
"Owner" means any Person that is a registered owner of a Property.
"Persistent" means continuously for a period of ten (10) minutes or longer or intermittently for
an aggregate period of ten (10) minutes or longer in any sixty (60) minute period.
"Person" means an individual, corporation, partnership or association.
"Point of Reception" means any location on a Property where noise originating from other
than that Property is received.
"Property" means any land or premises within the Township.
"Residential Area" means those areas in the Township where residential use is permitted
under the zoning by-laws of the Township, as enacted and amended by the Township from
time to time, or where human habitation is a legal non-conforming use.
"Township" means The Corporation of the Township of Wainfleet.
"Township Clerk" means the Clerk of the Township.
3.
GENERAL PROHIBITION
3.1.
No Person shall at any time make, cause or permit an unreasonable noise or a noise
that is likely to disturb Inhabitants.
4.
DEEMED PROHIBITIONS AT ANY TIME AND PLACE
4.1.
Without limiting the generality of section 3.1, noise resulting from any of the following
acts is deemed to be unreasonable noise or noise that is likely to disturb Inhabitants:
(a)
the operation of a Motor Vehicle in an unauthorized race;
(b)
the operation of a Motor Vehicle in a manner that causes the tires of the vehicle
to squeal;
(c)
the operation of a Motor Vehicle or trailer in a manner that results in rattling,
banging, clanking, grinding, squealing or other like sound or noise due to disrepair
or inadequate maintenance or due to an improperly secured load;
(d)
the operation of a Motor Vehicle without an effective exhaust muffling device that
is in proper working order and in constant operation;
(e)
the operation of Construction Equipment without an effective exhaust muffling
device that is in proper working order and in constant operation;
(f)
the operation of a bell, horn, siren or other warning device on a Motor Vehicle,
bicycle or other vehicle except as authorized by law or in accordance with good
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safety practices;
(g)
the operation of a bell, horn, siren or other warning device on a Motor Vehicle,
bicycle or other vehicle for an unnecessary or unreasonable period of time;
(h)
the operation of a radio, amplifier, speaker or other similar device on or in a Motor
Vehicle, trailer or vehicle in a manner or with such volume that is Clearly Audible
at least 8 metres from the vehicle;
(i)
the operation of any instrument, radio, television, record or tape player, digital
music source, amplifier, loudspeaker, electronic sound system or other similar
sound-producing device for the purpose of advertising a good or service in a
manner that projects sound or noise into any public street or other public place;
(j)
the operation of any instrument, radio, television, record or tape player, digital
music source, amplifier, loudspeaker, electronic sound system or other similar
sound-producing device in a manner or with such volume that it is Clearly Audible
in a residential dwelling or commercial unit with the doors and windows closed at
a Property other than the Property from which the sound originates;
(k)
the Persistent shouting, yelling, hooting, whistling or singing or other like sounds
of any Person; and
(l)
the Persistent barking, howling, whining or other like sounds of any Animal kept
or used for any purpose other than a Normal Farm Practice carried on by an
Agricultural Operation.
5.
DEEMED PROHIBITIONS BY TIME AND PLACE
5.1.
Without limiting the generality of section 3.1, noise resulting from any of the following
acts is deemed to be unreasonable noise or noise that is likely to disturb Inhabitants
where it is Clearly Audible at a Point of Reception:
(a)
the operation of a combustion engine used or intended for use in a toy, model or
replica of any device, which has no function other than amusement and which is
not a Conveyance, between the hours of 8:00 p.m. of one day and 8:00 a.m. of
the following day;
(b)
the operation of any motorized Conveyance other than on a Highway between
the hours of 8:00 p.m. of one day and 8:00 a.m. of the following day other than
on Sundays and Holidays;
(c)
on Sundays and Holidays, the operation of any motorized Conveyance other than
on a Highway prior to 11:00 a.m.;
(d)
the racing of any motorized Conveyance when regulated by law between the
hours of 9:00 p.m. of one day and 9:00 a.m. of the following day other than on
Sundays and Holidays;
(e)
on Sundays and Holidays, the racing of any motorized Conveyance when
regulated by law prior to 10:00 a.m.;
(f)
the operation or use of any tool for lawn, yard or garden maintenance between
the hours of 9:00 p.m. of one day and 7:00 a.m. of the following day other than
on Sundays and Holidays;
(g)
on Sundays and Holidays, the operation or use of any tool for lawn, yard or
garden maintenance prior to 10:00 a.m.;
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(h)
the operation or use of Construction Equipment between the hours of 8:00 p.m.
of one day and 7:00 a.m. of the following day other than on Sundays and
Holidays;
(i)
on Sundays and Holidays, the operation or use of Construction Equipment at any
time;
(j)
the operation or use of Domestic Construction Equipment between 8:00 p.m. of
one day and 7:00 a.m. of the following day other than on Sundays and Holidays;
(k)
on Sundays and Holidays, the operation or use of Domestic Construction
Equipment prior to 10:00 a.m.;
(l)
the shouting, yelling, hooting, whistling or singing or other like sounds of any
Person between the hours of 10:00 p.m. of one day and 8:00 a.m. of the following
day, other than on Sundays and Holidays; and
(m) on Sundays and Holidays, the shouting, yelling, hooting, whistling or singing or
other like sounds of any Person prior to 11:00 a.m.
6.
APPLICATION OF STRICTEST STANDARD
6.1.
Where a source of noise is subject to more than one provision of this By-law, the most
restrictive provision shall apply.
7.
GENERAL EXEMPTIONS
7.1.
This By-law shall not apply to noise resulting from:
(a)
emergency measures undertaken for the immediate health, safety or welfare of
any Person or Persons in the Township or for the preservation or restoration of
property;
(b)
emergency measures undertaken by or on behalf of the Township;
(c)
the operation of any emergency service vehicle carrying out its lawful duties;
(d)
the operation of any railway or airport under Parliament's legislative authority;
(e)
the operation of equipment by or on behalf of the Township for Construction
projects, general maintenance projects and emergency projects of the Town;
(f)
the operation of equipment by or on behalf of the Township for maintenance
operations including but not limited to snow removal, street cleaning, grass
cutting, planting and pruning of trees and shrubs, and Property maintenance;
(g)
the collection or disposal of garbage, waste or recyclable material by or on behalf
of the Township or the Regional Municipality of Niagara;
(h)
the reasonable use of equipment for snow removal at any Property;
(i)
Community Events presented or hosted by the Township;
(j)
Community Events presented or hosted by any other Person that have been
authorized or approved by the Township, provided that the event is carried on in
accordance with all terms and conditions of the authorization or approval;
(k)
sports and recreational activities held on Property owned by the Township that
have been authorized or approved by the Township, provided that the sport or
recreational activity is carried on in accordance with all terms and conditions of
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the authorization or approval;
(l)
the operation of bells or chimes in relation to any religious or military ceremony
or service or by or on behalf of the Township;
(m) a Normal Farm Practice carried on by an Agricultural Operation;
(n)
the normal operation of wind turbines; and
(o)
activities carried out in compliance with a permission granted under federal or
provincial legislation, including but not limited to an environmental compliance
approval.
8.
TEMPORARY EXEMPTIONS
8.1.
Any Person may apply to the Township for a temporary exemption from this By-law or
any provision of it with respect to any source of noise to allow such Person to make,
cause or permit such noise for the period of time set out in the application.
8.2.
An application under section 8.1 shall be made in writing to the Exemption Authority, in
the form determined by the Exemption Authority from time to time, and shall be
submitted not less than fifteen (15) days prior to the commencement of the activity for
which the temporary exemption is sought.
8.3.
An application under section 8.1 shall contain the following:
(a)
the name and contact information of the Person making the application;
(b)
the municipal address of the Property where the activity for which a temporary
exemption is sought will be held;
(c)
where the Person making the application does not own the Property where the
activity will be held:
i.
the name and contact information of the Owner(s) of the Property; and
ii.
written approval of the application by the Owner(s) of the Property;
(d)
a description of the activity for which the temporary exemption is sought;
(e)
the days and hours for which the temporary exemption is sought;
(f)
a description of the source and level of the noise for which the temporary
exemption is sought;
(g)
a statement of the steps, if any, planned or being taken to minimize the noise;
(h)
a statement of the provision or provisions of this By-law from which the temporary
exemption is sought;
(i)
the rationale for the temporary exemption request and the reason(s) it should be
granted; and
(j)
the name and contact information of the Person responsible for supervising the
activity for which the temporary exemption is sought and will be available during
the activity to address concerns raised by Persons in any area where the noise
is Clearly Audible.
8.4.
Upon receipt of an application that contains all information required under section 8.3,
the Exemption Authority shall review and determine the application.
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8.5.
The Exemption Authority may grant or refuse an application and may impose such
terms and conditions on a temporary exemption as are considered appropriate.
8.6.
Where the Exemption Authority grants a temporary exemption, any breach of the terms
or conditions of the exemption by any Person shall render it null and void.
9.
ENFORCEMENT
9.1.
This By-law shall be enforced by an Officer.
9.2.
For the purposes of enforcing this By-law, an Officer may exercise any power, authority
or remedy granted to the Township pursuant to the Municipal Act, 2001 and the
Provincial Offences Act, R.S.O. 1990, c. P. 33 ("Provincial Offences Act").
9.3.
No Person shall hinder or obstruct an Officer from exercising a power or performing a
duty under this By-law.
9.4.
Where an Officer is satisfied that a Person has contravened any provision of this By-
law, the Officer may make an Order requiring the Person who contravened the By-law
and/or the Owner of the Property where the contravention occurred to discontinue the
contravention.
9.5.
The Order shall include the municipal address of the Property where the contravention
occurred, reasonable particulars of the contravention and the time for compliance with
the Order.
9.6.
The Order may be posted at the Property, delivered to the Person and/or the Owner or
served by registered mail to the last known address of the Person and/or the Owner.
An Order served by registered mail shall be deemed served after five (5) business days.
9.7.
No Person shall contravene an Order issued under this By-law.
10.
OFFENCES AND PENALTIES
10.1. Every Person who contravenes any provision of this By-law or an Order issued under
this By-law is guilty of an offence and upon conviction is liable to such penalties as are
provided for in the Municipal Act, 2001 and the Provincial Offences Act.
10.2. Where an Officer is satisfied that a Person has failed to comply with any provision of
this By-law, the Officer may issue a penalty notice imposing an Administrative Monetary
Penalty. The Administrative Monetary Penalties for failures to comply with this By-law
are set out in Schedule "A", which is attached hereto and forms part of this By-law.
11.
GENERAL
11.1. If any or part of a provision of this By-law is declared by any court or tribunal of
competent jurisdiction to be illegal or inoperative, in whole or in part, or inoperative in
particular circumstances, the balance of the By-law, or its application in other
circumstances, shall not be affected and shall remain in full force and effect.
11.2. If there is a conflict between a provision of this By-law and a provision of any other by-
law of the Township, the provision establishing the higher standard shall prevail.
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11.3. Any reference to legislation in this By-law includes the legislation referred to and any
amendments, replacement, subsequent enactment or consolidation of such legislation.
11.4. This By-law shall come into full force and effect on the date on which it is passed.
12.
BY-LAWS REPEALED
12.1. By-law No. 042-2018, as amended by By-law No. 047-2019 and By-law No. 023-2022,
being a by-law to regulate noise in the Township of Wainfleet, is hereby repealed and
replaced.
13.
ENACTMENT
13.1. This By-law shall come into force on the date that it is passed.
BY-LAW READ AND PASSED THIS 7TH DAY OF JUNE, 2022
K. Gibson, MAYOR
M. Ciuffetelli, DEPUTY CLERK
SCHEDULE "A" TO BY-LAW NO. 028-2022
Short Form Wording and Administrative Penalties
Section
Short Form Wording
Penalty
3.1
Make, cause or permit unreasonable noise or noise
that is likely to disturb Inhabitants
First failure to comply
$500.00
Each subsequent failure to comply within twelve
(12) months of first failure to comply
$1,000.00
4.1 (a)
Operation of a Motor Vehicle in an unauthorized race
$1,000.00
4.1 (b)
Operation of a Motor Vehicle in a manner that causes
its tires to squeal
$75.00
4.1 (c)
Operation of a Motor Vehicle or trailer in manner that
results in noise due to disrepair or unsecured load
$75.00
4.1 (d)
Operation of a Motor Vehicle without effective exhaust
muffling device
$75.00
4.1 (e)
Operation of Construction Equipment without effective
exhaust muffling device
$75.00
4.1 (f)
Operation of bell, horn, siren or other warning device
on a Motor Vehicle, bicycle or vehicle not authorized
by law or within good safety practices
$75.00
4.1 (g)
Operation of bell, horn, siren or other similar device
on a Motor Vehicle, bicycle or vehicle unnecessarily
or for unreasonable period of time
$75.00
4.1 (h)
Operation of radio, amplifier, speaker or similar device
on or in a Motor Vehicle, trailer or vehicle in a manner
that is Clearly Audible 8 metres from the vehicle
$75.00
4.1 (i)
Operation of sound-producing device for purpose of
advertising that projects sound into any public street
or public place
$75.00
4.1 (j)
Operation of sound-producing device at a Property in
a manner that is Clearly Audible in another dwelling or
commercial unit with its doors and windows closed
$1,000.00
4.1 (k)
Persistent shouting, yelling, hooting, whistling, singing
or other like sounds of any Person
$75.00
4.1 (l)
Persistent barking, howling, whining or other like
sounds of any Animal
$75.00
5.1 (a)
Operation of a combustion engine used or intended
for use in a toy, model or replica that is used only for
amusement between 8:00 p.m. one day and 8:00 a.m.
the following day
$75.00
5.1 (b)
Operation of any motorized Conveyance other than
on a Highway between 8:00 p.m. one day and 8:00
a.m. the following day, other than on Sundays or
Holidays
$75.00
5.1 (c)
On Sundays and Holidays, operation of a motorized
Conveyance other than on a Highway before 11:00
a.m.
$75.00
5.1 (d)
Racing of any motorized Conveyance when regulated
by law from 9:00 p.m. one day and 9:00 a.m. the
following day, other than on Sundays and Holidays
$75.00
5.1 (e)
On Sundays and Holidays, racing of any motorized
Conveyance when regulated by law before 10:00 a.m.
$75.00
5.1 (f)
Operation of any tool for lawn, yard or garden
maintenance between 9:00 p.m. one day and 7:00
a.m. the following day, other than on Sundays and
Holidays
$75.00
5.1 (g)
On Sundays and Holidays, operation of any tool for
lawn, yard or garden maintenance before 10:00 a.m.
$75.00
5.1 (h)
Operation of Construction Equipment, between 8:00
p.m. one day and 7:00 a.m. the following day, other
than on Sundays and Holidays
$75.00
5.1 (i)
On Sundays and Holidays, operation of Construction
Equipment before 10:00 a.m.
$75.00
5.1 (j)
Operation of Domestic Construction Equipment
between 8:00 p.m. one day and 7:00 a.m. the
following day, other than on Sundays and Holidays
$75.00
5.1 (k)
On Sundays and Holidays, operation of Domestic
Construction Equipment before 10:00 a.m.
$75.00
5.1 (l)
Shouting, yelling, hooting, whistling, singing or other
like sounds of any Person between 10:00 p.m. one
day and 8:00 a.m. the following day, other than on
Sundays or Holidays
$1,000.00
5.1 (m)
On Sundays and Holidays, shouting, yelling, hooting,
whistling, singing or other like sounds of any Person
before 11:00 a.m.
$1,000.00
9.3
Hinder or obstruct Officer from performing duties
$250.00
9.7
Contravention of an issued Order
$1,000.00