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THE CORPORATION OF THE TOWNSHIP OF WELLINGTON NORTH
BY-LAW NUMBER 6001-2024
BEING A BY-LAW TO REGULATE, PROHIBIT AND OTHERWISE CONTROL NOISE
IN THE TOWNSHIP OF WELLINGTON NORTH AND TO REPEAL BY-LAW 5001-05
WHEREAS Council is desirous of enacting the following:
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF
WELLINGTON NORTH HEREBY ENACTS AS FOLLOWS:
1.0.
TITLE AND SCOPE
1.1.
This By-law may be referred to as "Noise By-law"
1.2.
This By-law is hereby prescribed and adopted as restrictions on noise which is
likely to disturb the inhabitants of the Township of Wellington North.
1.3.
This By-law does not apply so as to prevent a Farm, as defined below, from
engaging in Normal Farm Practices, as defined below.
1.4.
Whenever this By-law refers to a Person or thing with reference to a gender or the
gender neutral, the intention is to read the By-law with the gender applicable in all
circumstances, and all words used in present, past, future tense shall be mean the
same.
1.5.
Wherever a word is used in this By-law with its first letter capitalized, the term is
being used as it is defined in Section 2.1 of this By-law. Where any word appears
in ordinary case, the commonly applied English language meaning is intended.
1.6.
All words importing the singular shall include the plural, and words imparting the
masculine gender shall include the feminine, and the converse of the foregoing
also applies, unless the context of the By-law requires otherwise.
2.0
DEFINITIONS:
2.1
In this By-law:
"Clerk" means the Clerk for the Municipality, or any person designated by the
Clerk;
"Construction" includes the erection, alteration, repair, dismantling, demolition,
structural maintenance, land clearing, earth moving, grading, excavating, laying of
pipe and conduit whether above or below ground level, application of concrete,
By-law No. 6001-2024
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equipment installation and alteration and the structural installation of construction
components and materials in any form or for any purpose, any work in connection
therewith, and includes preparation for future construction activity;
"Construction Equipment" means any equipment or device designed and
intended for use in Construction, or material handling, including but not limited to,
hand tools, power tools, air compressors, pile drivers, pneumatic or hydraulic tools,
electrically operated tools, bulldozers, tractors, excavators, trenchers, cranes,
derricks, loaders, and scrapers, pavers, generators, off-highway haulers or trucks,
ditchers, compactors and rollers, pumps, concrete mixers, graders, or other
material handling equipment;
"Council" means the Council of The Corporation of the Township of Wellington
North;
"Farm" means an agricultural operation as defined in the Farming and Food
Production Protection Act, 1998 and includes such an operation that is not carried
on with the expectation of gain but otherwise meets the definition of the Act;
"Highway" includes a common and public highway, street, avenue, parkway,
driveway, square, place, bridge, viaduct or trestle, any part of which is intended for
or used by the general public for the passage of vehicles and includes the area
between the lateral property lines thereof;
"Motorized Snow Vehicle" means a self-propelled vehicle designed to be driven
primarily on snow;
"Motor Vehicle" includes an automobile, motorcycle, motor assisted bicycle
unless otherwise indicated in the Highway Traffic Act, and any other vehicle
propelled or driven otherwise by muscular power, but does not include a streetcar
or other motor vehicle running only upon rails, a power-assisted bicycle, a
motorized snow vehicle, a traction engine, a farm tractor, a self-propelled
implement of husbandry or a road-building machine;
"Municipality" means The Corporation of the Township of Wellington North or the
geographic area of The Corporation of the Township of Wellington North, as the
context requires;
"Municipal Law Enforcement Officer" means a person appointed by Council to
enforce the by-laws of the Municipality pursuant to section 15 of the Police
Services Act;
"Normal Farm Practices" means normal farm practices as defined in the Farming
and Food Production Protection Act, 1998;
"Noise" means sound or vibration that is of such volume, level or nature that is
likely to disturb the inhabitants of the Municipality;
By-law No. 6001-2024
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"Officer" means a person appointed by the Ontario Provincial Police within the
boundaries of the Municipality, and any Municipal Law Enforcement Officers
responsible for the enforcement of this By-law;
"Off-Road Vehicle" means a vehicle propelled or driven otherwise than by
muscular power or wind and designed to travel:
(a)
on not more than three wheels; or
(b)
on more than three wheels and being of a prescribed class of vehicle;
"Permit" means a permit issued by the Municipality exempting the permit holder
from the provisions of this By-law, at a specific location, for a specific period of
time, for a specific purpose;
"Person" means an individual, and/or a corporation;
"Point of Reception" means any point on the premises of a Person where sound
or vibration originating from other than those premises is received;
"Public Utility Company" includes a business or enterprise that maintains the
infrastructure for a public service and supplies essential goods and services
including but not limited to water, gas, electricity, telephone, waste disposal and
other communication systems;
"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 or electric or steam railways running only upon rails;
3.0.
GENERAL PROHIBITIONS
3.1.
No Person shall make any Noise which is likely to disturb the inhabitants of the
Municipality.
3.2.
No Person shall emit or cause or permit the emission of Noise resulting from any
of the activities listed in this subsection, which is clearly audible at the Point of
Reception, at any time:
(a)
The operation of an engine, motor, Construction Equipment or pneumatic
device without an effective exhaust, intake-muffling or other sound
attenuation device, which device is in good working order and in constant
operation;
(b)
Persistent yelling, shouting, whistling, hooting or singing;
(c)
The sounding of any alarm, bell, horn, siren or other warning device for
unreasonable period of time;
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(d)
The operation of any air conditioner, heat pump, pool pump, compressor,
condenser, chiller, cooling tower or similar device, which is not in good
working order;
(e)
The operation of any auditory signaling device, including by not limited to
the ringing of bells or gongs and the blowing of horns or sirens, 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;
(f)
All selling, hawking or other advertising by shouting or outcry or amplified
sound;
(g)
Squealing of tires on a Motor Vehicle, or Off-Road Vehicle; and,
(h)
Operation of a Vehicle or Vehicle with a trailer resulting in banging, clanking,
squealing or other like sounds due to improperly secured load or equipment,
or inadequate maintenance.
4.0.
PROHIBITIONS BY TIME AND PLACE
4.1.
No person shall emit or cause or permit the emission of Noise or authorize the
making or causing of any Noise or authorize or permit the continuation of any Noise
which results from any of the activities listed in Schedule 1 if, at the Point of
Reception, such Noise is likely to disturb the inhabitants of the Municipality
during the prescribed times.
5.0.
EXEMPTIONS
5.1.
Despite any other provision in this By-law, this By-law shall not apply to Noise
arising from:
(a)
Activities or matters undertaken by the Municipality, the County, a local
board of the Municipality or the County, or any governmental agencies that
supersede the authority of the Municipality;
(b)
The operation of Vehicles and equipment utilized for the clearing and
removal of snow from public or private property;
(c)
The operation of machinery by or on behalf of a Public Utility Company.
6.0.
APPLICATION FOR EXEMPTION
6.1.
Any Person may apply to the Clerk to be granted an exemption from any of the
provisions of this By-law through the issuance of a Permit.
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6.2.
The application for the issuance of a Permit shall be made in writing at least thirty
(30) days prior to the commencement of the requested exemption and shall
contain:
(a)
The name and contact information of the applicant;
(b)
A description of the source of the Noise for which the exemption is being
sought;
(c)
The date, time and location of the activity for which the exemption is being
sought;
(d)
A letter of consent from the property owner (if applicable) consenting to the
exemption;
(e)
The provision or provisions of this By-law for which the exemption is being
sought;
(f)
The reason why the exemption should be granted;
(g)
The name and contact information of the contact Person or Persons who
will be supervising the activities for which the exemption is being sought and
who will be available to address concerns raised by Persons within the area
where the Noise is heard;
(h)
Other information or documentation as requested by the Clerk to assist
them in assessing the application; and
(i)
Any application fee established in accordance with the Municipality's Fees
and Charges By-law, as amended.
6.3.
The application fee, noted above, shall be non-refundable.
6.4.
The Clerk may circulate the application for the issuance of a Permit to various
Municipal departments, the County of Wellington, Council and to the local police
department to obtain feedback
6.5.
In determining whether to issue a Permit, the Clerk shall:
(a)
Determine whether the applicant has provided all the information required
by section 6.2 of this By-law;
(b)
Determine whether the applicant has complied with all of the terms and
conditions of approval of any previous temporary noise permit issued to the
applicant, if any;
(c)
Consider any negative effects the issuance of the Permit may have on
neighbouring properties or the Municipality; and
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(d)
Consider any benefits the issuance of the Permit may have for neighbouring
properties or the Municipality.
6.6.
The Clerk may:
(a)
Issue a Permit;
(b)
Refuse a Permit; or,
(c)
Issue a Permit with conditions.
6.7.
In issuing a Permit, the Clerk:
(a)
Shall identify:
i.
The location and type of activity being authorized;
ii.
The type of Noise that is being authorized;
iii.
The days and times during which the Noise is authorized; and
(b)
May impose conditions upon the Permit deemed suitable in the
circumstances, as determined by the Clerk.
6.8.
The Clerk may impose conditions on Permits including, but not limited to:
(a)
The type and volume of Noise that may be made;
(b)
The times during which Noise may be made;
(c)
The date of expiry of the Permit;
(d)
Requiring the posting of security prior to the activity; and,
(e)
Requiring that the applicant, Municipal Staff, or a professional engineer to
monitor the noise levels resulting from the event or activity and requiring a
report of the findings to be filed with the Municipality within thirty (30) days
of the event or activity, all at the applicant's expense.
6.9.
The Municipality shall notify the applicant of the Clerk's decision.
6.10. Any Permit issued under this By-law shall expire on the date set out on the Permit,
or if no date is set out on the Permit, the Permit shall expire forty-eight (48) hours
after its issuance.
6.11. Any breach by the holder of the Permit of any of its terms or conditions shall render
the Permit immediately null and void.
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6.12. Every holder of a Permit shall comply with the terms and conditions of the Permit.
7.0.
REVOCATION OF PERMIT
7.1.
The Clerk, an Officer, or Council may immediately revoke a Permit issued under
this By-law if, in their opinion:
(a)
The terms or conditions of the Permit have been contravened; and/or,
(b)
The information provided pursuant to section 6.2 of this By-law is
discovered to be false or misleading.
7.2.
The Clerk, an Officer, or Council, upon revoking a Permit, shall immediately notify
the holder of the Permit of such revocation using the most expedient means
available.
8.0.
ADMINISTRATION AND ENFORCEMENT
8.1.
This By-law may be enforced by any Officer.
8.2.
No Person shall hinder or obstruct, or attempt to hinder or obstruct, an Officer
exercising a power or performing a duty under this By-law.
9.0.
AUTHORITY TO ENTER
9.1.
Any Officer may enter onto land at any reasonable time for the purpose of carrying
out an inspection to determine if this By-law or an order issued under this By-law
is being complied with.
9.2.
For an inspection authorized by this By-law, an Officer may:
(a)
require the production for inspection 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;
(c)
require information from any Person concerning a matter related to the
inspection; and
(d)
alone or in conjunction with a Person possessing special or expert
knowledge, make examinations, samples or photographs necessary for the
purposes of the inspection.
10.0. OFFENCE
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10.1. Every Person who contravenes any of the provisions of this By-law is guilty of an
offence and, upon conviction, is liable to a fine as provided for in the Provincial
Offences Act, R.S.O. 1990, Chap. P.33, as amended.
10.2. When a Person has been convicted of an offence under this By-law, the Provincial
Offences Court or any court of competent jurisdiction thereafter may, in addition to
any penalty imposed on the Person convicted, issue an order prohibiting the
continuation or repetition of the offence by the person convicted.
11.0. SEVERABILITY
If any section, subsection part or parts of this By-law is declared by any court of
law to be illegal or ultra vires, such section, subsection, part or parts shall be
deemed to be severable and all parts hereof are declared to be separate and
independent and enacted as such.
12.0. REPEAL OF BY-LAWS
12.1. Upon the coming into force of this By-law, By-law 5001-05 is hereby repealed.
13.0. SCHEDULES
13.1. Schedule "1" appended to this By-law is incorporated and forms part of this By-
law.
13.2. Schedule "2" (Short Form Wording and Set Fines) attached hereto does not form
part of this By-law.
14.0. ENACTMENT
14.1. This By-law comes into force on 1st day of May, 2024.
READ AND PASSSED THIS 25th DAY OF MARCH, 2024
Mayor
Clerk
By-law No. 6001-2024
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SCHEDULE '1' TO BY-LAW NO. XX/2024
Types of Noise
Prohibited Times
Category
Activity
Instruments/
Human
The playing of musical instruments,
including percussion instruments
2300 hours (11:00pm) of one day to
0700 hours of the next day (0900
Sundays)
Operation of any device or group of
connected devices intended for the
production, reproduction, or
amplification of voices or sound
2300 hours (11:00pm) of one day to
0700 hours of the next day (0900
Sundays)
Automotive/
Engines
Excessive revving of Vehicle, or Off-
Road Vehicle engines
At any time
The operation of a combustion engine
for a toy or a replica of a larger device
such as a remote-controlled toy
airplane, which is not a conveyance
and which has no purpose other than
amusement
2300 hours (11:00pm) of one day to
0700 hours of the next day (0900
Sundays)
Operation of any motorized
conveyance other than on a highway
or other place intended
for its operation
2100 hours (9:00pm) of one day to 0700
hours of the next day (0900 Sundays)
Construction
Related
Alterations, repairs, erection,
dismantling, or any activity related to
Construction
2100 hours (9:00pm) of one day to 0700
hours of the next day
The operation of Construction
Equipment, or Vehicles in connection
with Construction.
1900 hours (7:00pm) of one day to 0700
hours of the next day
Outdoor operation of any powered or
non-powered tool for domestic
purposes other than snow removal.
2300 hours (11:00pm) of one day to
0700 hours of the next day (0900
Sundays)
Loading, unloading, packing or
otherwise handling of containers etc.
(unless for maintenance of an
essential service or for the moving of
private household effects.)
2100 hours (9:00pm) of one day to 0700
hours (7:00am) of the next day
Maintenance/
Equipment/
Appliances/
Operations
Venting, release or relief of air, steam
or other gaseous material, product or
compound from any autoclave, boiler,
pressure vessel, pipe, valve,
machine, device or system.
2300 hours (11:00pm) of one day to
0700 hours of the next day (0900
Sundays)
Operation of solid waste bulk lift or
refuse compacting equipment.
2100 hours (9:00pm) of one day to 0700
hours of the next day (0900 Sundays)