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THE CORPORATION OF THE TOWN OF WASAGA BEACH
BY-LAW NO 2024-45
A By-law to control Noise within the Municipality and to repeal By-law 2019-15.
WHEREAS Section 11(2) of the Municipal Act permits 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 WHEREAS section 128 of the Municipal Act permits a municipality to prohibit
and regulate with respect to public nuisances, including matters that, in the opinion of
council, are or could become or cause public nuisances;
AND WHEREAS section 129 of the Municipal Act, 2001, S.O. 2001, c. 25, as
amended (the "Act") provides that a local municipality may pass by-laws to prohibit
and regulate noise and vibration, and other matters;
AND WHEREAS Section 434.1(1) of the Municipal Act, 2001, S.O. 2001 c. 25,
enables a municipality to require a person, subject to such conditions as the
municipality considers appropriate, to pay an administrative penalty if the municipality
is satisfied that the person has failed to comply with a by-law of the municipality
passed under this Act;
AND WHEREAS Council has deemed that certain routine administrative and
legislative powers are minor in nature, and the delegation of these powers would
contribute to the efficient management of the Town while still adhering to the
principles of accountability and transparency;
AND WHEREAS the Town has passed an Administrative Monetary Penalties System
By-law;
NOW THEREFORE the Council of the Corporation of the Town of Wasaga Beach
HEREBY ENACTS as follows:
1. SHORT TITLE
1.1.
This By-law may be cited as the "Noise Disturbance By-law."
2. DEFINITIONS
2.1.
"A-weighted Sound Pressure Level" is the sound pressure level modified
by application of the A-weighting. It is measured in decibels, A-weighted, and
denoted dBA.
2.2.
"Administrative Monetary Penalties" means fines or sanctions imposed as
By-law 2024-45
Page 2 of 7
a consequence for violating by-laws and regulations for the purpose of
enforcing compliance with the by-laws and regulations of the Town of
Wasaga Beach.
2.3.
"AMPS By-law" means the Town's Administrative Monetary Penalties By-
law, as may be amended from time to time.
2.4.
"By-law" means this Noise Disturbance By-law;
2.5.
"Construction" means the 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
installing of construction components and materials in any form or for
any purpose, includes any work in connection therewith and this
definition excludes any "Domestic Works" as defined within this by-law;
2.6.
"Construction Equipment" means any equipment or device designed
and intended for use in Construction or material handling, including but
not limited to, air compressors, power saws, belt sanders, powered
drills, jackhammers, pile drivers, pneumatic or hydraulic tools,
bulldozers, tractors, excavators, trenchers, cranes, derricks, loaders,
scrapers, pavers, generators, off highway haulers or trucks, ditchers,
compactors and rollers, pumps, concrete mixers, graders, or other
material handling equipment and any other similar equipment;
2.7.
"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;
2.8.
"Council" means the Council of The Corporation of the Town of Wasaga
Beach;
2.9.
"Decibel" the "decibel" is a dimensionless measure of sound level or sound
pressure level;
2.10.
"Director" means the General Manager - Development Services, or his/her
designate or successor;
2.11.
"Domestic Works" means any Construction, renovation or repair
being completed by an Owner to his or her own property;
2.12.
"Emergency" means a situation or an impending situation, often
dangerous, caused by the forces of nature, an accident, an intentional
By-law 2024-45
Page 3 of 7
act or otherwise, which arises suddenly and calls for prompt action;
2.13.
"Event" means an exhibition, concert, festival, race, parade, wedding
or other private social event, circus or sporting event (whether amateur
or professional) held within the Town for profit or otherwise;
2.14.
"Holiday" has the same meaning as in the Retail Business Holidays
Act, R.S.O. 1990, c. R.30, as amended;
2.15.
"Nuisance Noise" Notwithstanding certain sounds are permitted by
Appendix "A", any use of sounds that is excessive, alarming, unusual
or annoying to two or more residents or visitors from different
properties, or noise that does exceed 90 dBA from more than 15
meters from the property line, or based upon the cumulative
considerations of all factors including the nature and frequency of
complaints, environmental conditions and any extenuating or
aggravated circumstances including any medical conditions;
2.16.
"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;
2.17.
"Owner'' includes an assessed owner, tenant, occupant or any person
having an interest, whether equitable or legal, in the land or premises;
2.18.
"Permitted Hours" as defined and outlined by Schedule A of this by-
law.
2.19.
"Person" means an individual, corporation or other legal entity;
2.20.
"Point of Reception" means any point on the premises of a person where
sound originating from other than those premises is received;
2.21.
"Property Maintenance Tools" includes but is not limited to powered
or non-powered tools, lawnmowers, hedge trimmers, whipper-
snippers, leaf blowers; chain saws, power washers, power assisted
sweepers and vacuums, but does not include any snow removal
equipment;
2.22.
"Residential Lands" shall mean those lands set out in the Town's
Zoning By-law that are designated R1, R2, RE or RM, R4 including any
"Holding" variations of same, but does not include lands designated as
Tourist Commercial (CT) or Commercial Accommodation (CA);
2.23.
"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;
By-law 2024-45
Page 4 of 7
2.24.
"Sound Level" the "sound level" is the sound level of an impulsive
sound as measured with an Impulse Sound Level Meter set to impulse
response. It is measured in A-weighted decibels, denoted dBA.
2.25.
"Sound Level Meter" is an instrument which is sensitive to and
calibrated for the measurement of sound;
2.26.
"Town" means The Corporation of the Town of Wasaga Beach;
2.27.
Vibration shall mean a repetitive motion that causes a surface to transfer
energy into another surface, person, or object that is detected by touch,
visual or auditory senses.
2.28.
"Zone" means an area of a defined land use in a Zoning By-law
passed under the Planning Act as amended, by the Town from time to
time.
3. GENERAL PROVISIONS
3.1.
No person shall, at any time, emit, cause or permit the emission of
noise likely to disturb the inhabitants of the Town, subject to section
4.1 of this By-law.
3.2.
No person without lawful authority, within the Town shall make, cause,
be a party to the act, or permit any nuisance noise, regardless if it would
otherwise be in the "permitted hours" of the Appendix A (Time & Place
Sounds);
4. PROHIBITIONS BY TIME
4.1.
No person shall emit, cause or permit the emission of noise from
any activity set out in Schedule "A" to this By-law.
5. EXCEPTIONS
5.1.
This By-law does not apply;
5.1.1.
during an Emergency
5.1.2.
to the Town, including any Town Events, operations, services or
activities;
5.1.3.
to any snow clearing and maintenance undertaken by the
operation of vehicles, equipment and construction equipment for
the clearing and removal of snow from public and private
property.
5.1.4.
to the provincial or federal government;
By-law 2024-45
Page 5 of 7
5.1.5.
to a public utility;
5.1.6.
to the use of bells or chimes associated with any church, chapel,
meeting house or religious service;
5.1.7.
to a "normal farm practice" as defined in the Farming and Food
Production Protection Act, 1998, S.O. 1998, c. 1, as amended, and
carried on as part of an "agricultural operation" also as defined in the
Farming and Food Production Protection Act, 1998, S.O. 1998, c. 1,
as amended;
5.1.8.
to noise within a Commercial Zone unless otherwise prohibited
as outlined in Schedule "A", as defined by the applicable zoning
by-law, and is not otherwise regulated within this or any other
Town by-law or agreement; and
5.1.9.
to noise resulting from any permitted uses within an Industrial
Zone as defined by the applicable zoning by-law, provided such
noise is in compliance with a valid Certificate of Approval issued
by the Ministry of Environment and Climate Change and is
compliant with all other applicable legislation
6. POWER OF ENTRY
6.1.
Officers shall have the right to enter and inspect property pursuant to the
Municipal Act, 2001, sections 444 and 445, and set out in the Municipal By-
law.
6.2.
No person shall obstruct or attempt to obstruct any Officer or other person,
who is exercising a power or performing a duty under this By-law or any
other Town of Wasaga Beach By-law or the Municipal Act, 2001, S.O.
2001, c. 25, as amended or its predecessor.
7. ENFORCEMENT
7.1
If a Municipal Law Enforcement Officer is satisfied that a violation or
contravention of the By-Law has occurred, the Municipal Law Enforcement
Officer shall serve written notice in accordance with sections 444, 445 &
446 of the Municipal Act, 2001, as may be amended from time to time.
7.2
Any notice given under this By-Law may be given by regular mail or
personal delivery. Delivery by regular mail shall be deemed to have been
affected five (5) calendar days after mailing.
By-law 2024-45
Page 6 of 7
8. PENALTY
8.1.
Every person who contravenes any of the provisions of this by-law shall be
subject to the Town's AMPS By-law.
9. VALIDITY AND SEVERABILITY
9.1.
Every provision of this By-law is declared to be severable from the
remainder and if any provision of this By-law shall be declared invalid by a
court of competent jurisdiction such declaration shall not affect the validity
of the remainder.
10. DELEGATED AUTHORITY
10.1
The Director is authorized to make minor housekeeping amendments to
this by-law that that do not alter the meaning or intent in any way.
11. REPEAL
11.1.
By-Law #2016-97 is hereby repealed.
12. EFFECTIVE DATE
12.1
This By-law shall come into force and take effect on the date of its
passing.
BY-LAW READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS
DAY OF 13th DAY OF JUNE, 2024.
THE CORPORATION OF THE TOWN OF WASAGA BEACH
_______________________________________________
Brian Smith, Mayor
_______________________________________________
Nicole Rubli, Director, Legislative Services & Clerk
By-law 2024-45
Page 7 of 7
Page 22 of 30
SCHEDULE "A" - PROHIBITIONS BY TIME AND PLACE: NOISE DISTURBANCE BY-LAW
Prohibition
Property Zoned Residential (R1,
R2, R3, RE, RM) Other
Commercial, Rural or Industrial
Property not otherwise
specified
Commercial Tourist
Accommodations (Zoned CA &
CT) Bars/Restaurants (that serve
alcohol and provide musical
entertainment from time to time)
that are located within 225meters
of R1 zoned Residential properties
Commercial Bars/Restaurants
(that serve alcohol and provide
musical entertainment from time
to time) that are located more
than 225meters from R1 zoned
Residential properties
1. The operation of a
combustion engine which,
a) Is, or
b) Is used in, or
c) Is intended for use in, a
toy or model or replica of
any device which model
or replica has no
function other than
amusement and which is
not a conveyance,
d) Is a drone or similar
vehicle when being
lawfully operated
At all times
a-c) At all times
d)11pm - 7am
(or when creating a nuisance)
a-c) At all times
d)12midnight-7am
(or when creating a nuisance)
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.
11pm - 7am
(or when creating a nuisance)
12midnight - 7am
(or when creating a nuisance)
2am - 7am (same day)
(or when creating a nuisance)
Page 23 of 30
3. The sound from or created
by audio or visual device,
public address system,
sound equipment, loud
speaker, or any musical or
sound producing instrument
of whatever kind when the
same is played or operated
in such a manner or with
such volume as to disturb
the peace, quiet, comfort or
repose of any individual in
any office, dwelling house,
apartment, hotel, hospital, or
any other type of residence.
11pm - 7am
(or when creating a nuisance)
11pm - 7am
(or when creating a nuisance)
2am - 7am (same day)
(or when creating a nuisance)
4. The operation of any
auditory signalling device,
including but not limited to
the ringing of bells or gongs
and the blowing of horns,
sirens or whistles, or the
production, reproduction or
amplification of any similar
sounds by electronic means
except where required or
authorized by law or in
accordance with good safety
practices.
11pm - 7am
(or when creating a nuisance)
11pm - 7am
(or when creating a nuisance)
11pm - 7am
(or when creating a nuisance)
5. 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.
11pm - 7am
(or when creating a nuisance)
11pm - 7am
(or when creating a nuisance)
11pm - 7am
(or when creating a nuisance)
Page 24 of 30
6. Persistent barking, calling or
whining or other similar
persistent noise making by
any domestic pet, or any
other animal kept or used for
any purpose other than
agriculture.
At all times
At all times
At all times
7. The operation of a
commercial wash with air
drying equipment.
At all times
When creating a nuisance
When creating a nuisance
8. Yelling, shouting, hooting,
whistling, singing, or other
boisterous activity.
11pm - 7am
(or when creating a nuisance)
12midnight - 7am
(or when creating a nuisance)
2am - 7am (same day)
(or when creating a nuisance)
9. The operation of a power
assisted hang glider or
parafoil.
At all times
When creating a nuisance
When creating a nuisance
10. The operation of any item of
snow making equipment.
11pm - 7am
(or when creating a nuisance)
N/A
N/A
11. All selling or advertising by
shouting or outcry or
amplified sound.
11pm - 7am
(or when creating a nuisance)
12midnight - 7am
(or when creating a nuisance)
2am - 7am (same day)
(or when creating a nuisance)
12. Loading, unloading,
delivering, packing,
unpacking, or otherwise
handling any containers,
products, materials, or
refuse, whatsoever, unless
necessary for the
maintenance of essential
services or the moving of
private household effects.
11pm - 7am
(or when creating a nuisance)
12midnight - 7am
(or when creating a nuisance)
2am - 7am (same day)
(or when creating a nuisance)
13. Construction Activities
Weekdays (June 1- August
31)
9pm - 7am
(or when creating a nuisance)
9pm - 7am
(or when creating a nuisance)
9pm - 7am
(or when creating a nuisance)
14. Construction Activities
Weekdays (September 1-
May 30)
7pm - 7am
(or when creating a nuisance)
7pm - 7am
(or when creating a nuisance)
7pm - 7am
(or when creating a nuisance)
15. Construction Activities
Saturdays (Year round)
7pm (Friday) - 7am Saturday)
(or when creating a nuisance)
7pm (Friday) - 7am Saturday)
(or when creating a nuisance)
7pm (Friday) - 7am Saturday)
(or when creating a nuisance)
16. Construction Activities
Sundays (Year round)
7pm (Saturday)- 10am (Sunday)
(or when creating a nuisance)
7pm (Saturday)- 10am (Sunday)
(or when creating a nuisance)
7pm (Saturday)- 10am (Sunday)
(or when creating a nuisance)
Page 25 of 30
17. The operation of any
equipment in connection
with construction Weekdays
(June 1 - August 31)
9pm - 7am
(or when creating a nuisance)
9pm - 7am
(or when creating a nuisance)
9pm - 7am
(or when creating a nuisance)
18. The operation of any
equipment in connection
with construction Weekdays
(September 1 - May 30)
7pm - 7am
(or when creating a nuisance)
7pm - 7am
(or when creating a nuisance)
7pm - 7am
(or when creating a nuisance)
19. The operation of any
equipment in connection
with construction Saturdays
(Year round)
7pm (Friday) - 7am Saturday)
(or when creating a nuisance)
7pm (Friday) - 7am Saturday)
(or when creating a nuisance)
7pm (Friday) - 7am Saturday)
(or when creating a nuisance)
20. The operation of any
equipment in connection
with construction Sundays
(Year round)
At all times
At all times
At all times
21. The operation or use of any
powered lawnmowers
(Monday - Saturday)
Residential Lands
9pm - 9am
(or when creating a nuisance)
9pm - 9am
(or when creating a nuisance)
9pm - 9am
(or when creating a nuisance)
22. The operation or use of any
powered lawnmowers or
landscape maintenance
(Monday - Saturday) Non-
Residential Lands
9pm - 6am
(or when creating a nuisance)
9pm - 6am
(or when creating a nuisance)
9pm - 6am
(or when creating a nuisance)
23. The operation or use of any
powered lawnmowers or
landscape maintenance
(Sundays) Residential Lands
9pm (Saturday) - 9am (Sunday)
(or when creating a nuisance)
9pm (Saturday) - 9am (Sunday)
(or when creating a nuisance)
9pm (Saturday) - 9am (Sunday)
(or when creating a nuisance)
24. The operation or use of any
powered lawnmowers or
landscape maintenance
(Sundays) Non-Residential
Lands
9pm (Saturday) - 9am (Sunday)
(or when creating a nuisance)
9pm (Saturday) - 9am (Sunday)
(or when creating a nuisance)
9pm (Saturday) - 9am (Sunday)
(or when creating a nuisance)
25. The operation of solid waste
bulk lift or refuse compacting
equipment (Monday-
Saturday)
10pm - 7am
(or when creating a nuisance)
10pm - 7am
(or when creating a nuisance)
10pm - 7am
(or when creating a nuisance)
26. The operation of solid waste
bulk lift or refuse compacting
equipment (Sundays)
10pm - 9am
(or when creating a nuisance)
10pm - 9am
(or when creating a nuisance)
10pm - 9am
(or when creating a nuisance)
27. The operation of a
commercial car wash of a
type other than mentioned in
item 10.
At all times
At all times
At all times
28. Property care, maintenance
or recreational activity.
11pm - 7am
(or when creating a nuisance)
11pm - 7am
(or when creating a nuisance)
11pm - 7am
(or when creating a nuisance)