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THE CORPORATION OF THE MUNICIPALITY OF WHITESTONE
BY-LAW NO. 21-2017
Being a By-Law to Control Noise
WHEREAS Council deems it appropriate to enact a by-law to prohibit and regulate
certain noises within the Municipality of Whitestone pursuant to section 129 of the
Municipal Act, 2001 , S.O. 2001 , c. 25, as amended;
NOW THEREFORE the Council of The Corporation of the Municipality of Whitestone
enacts as follows:
1.
Definitions
In this by-law,
1.1
"Construction" includes erection, alteration, repair, dismantling,
demolition, structural maintenance, painting, moving, land clearing, earth
moving, grading, excavating, filling, 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;
1.2
"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 material
handling equipment;
1.3
"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;
1.4
"Council'' means the Council of The Corporation of the Municipality of
Whitestone;
1.5
"Highway" includes a common and public highway, street, avenue,
parkway, driveway, square, place, bridge, viaduct or trestle designed and
intended for or used by, the general public for the passage of vehicles;
1.6
"Minister" means the Minister of the Environment;
1.7
"Ministry" means the Ministry of the Environment;
1.8
"Motor Vehicle" includes an automobile, motor-cycle 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 within the meaning of The Highway Traffic Act;
1.9
"Motorized Conveyance" means a conveyance propelled or driven
otherwise than muscular, gravitational or wind power;
1.1 O "Municipal Law Enforcement Officer" means any person who is
appointed by Council as a Municipal Law Enforcement Officer for the
Municipality of Whitestone;
1.11
"Municipality" means the land within the geographic limit of The
Corporation of the Municipality of Whitestone;
1.12
"Noise" means sound that is of such a volume or nature that it is likely
to disturb the inhabitants of the Municipality of Whitestone;
1.13
"Point of Reception" means any point on the premises of a person where
sound or vibration originating from other than those premises is received;
1.14
"Residential Renovations" means construction that does not require any
building permits and/or renovations constructed without any heavy
equipment;
1.15
"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;
1.16
"Stationary Source" means a source of which does not normally move
from place to place and includes the premises of a person as one stationary
source unless the dominant source on the premises is construction or a
conveyance.
2.
Prohibitions
1
2
3
4
5
6
2.1
No person shall emit or cause or permit the emission of noise resulting:
2.1.1
from any act listed below - Time and Place Prohibitions, if
clearly audible at a point of reception located in an area of the
municipality specified within a prohibited time shown for such an
area.
Time and Place Prohibitions
The operation of a combustion engine which is, is used in, or is
9:00 pm-7:00 am
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.
The operation of any auditory signalling device, including but
7:00 pm - 7:00 am
not limited to the ringing of bells or gongs and the blowing of
horns or sirens or whistles, or the production, reproduction or
amplification of any similar sounds, by law or in accordance
with good safety practices.
The operation of any electronic device or group of connected
11 :00 pm - 7:00 am
electronic devices, incorporating one or more loudspeakers or
other electro-mechanical transducers, and intended for the
production, reproduction, or amplification of sound.
The operation of any construction equipment in connection
9:00 pm - 7:00 am
with construction.
By-Law Officer will determine that any persistent yelling,
At any time
shouting, screaming, hooting, whistling, or singing, or other
noise including transducers and the amplification of sound that
can be heard outside its place or point of origin is a noise as
defined in this Bay-law.
The operation of any powered or non-powered tool for
9:00 pm - 7:00 am
domestic purposes, other than snow removal and generators.
NOTE: For the purpose of Exemptions, "motorized conveyance" includes:
snowmobiles, mopeds, go-carts, track bikes, and trail bikes.
3.
Exemptions
3.1
Notwithstanding any other provision of this by-law, this by-law shall not
apply to a person who emits or causes or permits the emission of sound or
vibration in connection with any activities, listed below - Exemptions,
or as approved by Council.
3 .1.1
Operation of authorized emergency vehicles.
3 .1.2
Operation of bells, utilized as traffic control devices including the
following:
a)
bells at traffic signal locations;
b)
bells at railway crossings.
3 .1.3
Operation of equipment and machinery by or on behalf of the
Municipality carrying on or engaged in the performance of public
works for emergency purposes, including, but not limited to:
a)
winter snow clearing and removal equipment;
b)
turf grass maintenance and repair equipment;
c)
traffic line painting machines;
d)
catch basin cleaners;
e)
tree and shrub pruning and mulching equipment;
f)
sidewalk grinding and repair equipment;
3.2
Notwithstanding any other provision of this by-law, it shall be lawful
during an emergency to emit or cause or permit the emission of sound or
vibration in connection with emergency measures undertaken;
3 .2.1
for the immediate health, safety or welfare of the inhabitants or any
of them, or
3.2.2
for the preservation or restoration of property, unless such sound or
vibration is clearly of a longer duration or of a nature more
disturbing than is reasonably necessary for the accomplishment of
such emergency purpose.
4.
Penalty
4.1
Any person who contravenes any provision of this by-law is guilty of an
offence and is liable upon conviction to a fine in accordance with the
Provincial Offences Act.
5.
Enactment
5.1
That By-law No. 16-2012 be repealed.
5.2
That this by-law comes into force and take effect upon its passing.
and Passed, Signed and Sealed this 5th day of June, 2017.