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By-law 21-XX-XXXX
Page 1 of 10
The Corporation of the Township of Whitewater Region
By-law Number 21-XX-XXXX
A by-law to control noise in the Township of Whitewater
Region
Whereas, the Council of the Corporation of the Township of Whitewater
Region deems it advisable and expedient to enact this By-Law;
Whereas, under Section 129 of the Municipal Act, Chap M.45 2001, as
amended, councils of local municipalities may pass by-laws prohibiting or
regulating noise within the whole of the municipality or within certain
defined areas;
Whereas it is recognized that people have a right to and should be
provided to the extent possible, an environment free from unusual,
unnecessary, or excessive noise or vibration which may unreasonably
degrade the quality and tranquility of their life or cause nuisance; and
Whereas it is the policy of the Council to reduce and control such sound or
vibration;
Now therefore Council of the Corporation of the Township of
Whitewater Region enacts as follows:
1.0
Definitions
Agriculture - means the practice of cultivating the soil or the
keeping/raising of animals;
Air Conditioner - includes an air conditioner, a fan, a heat pump or other
similar device;
Auxiliary Equipment - means any device, attachment, delivery body or
apparatus attached to a motor vehicle, either permanently or temporarily,
for the purpose of
1) hauling property, vehicles or animals or
2) preserving perishable cargo through the use of heating or
refrigerating systems;
By-law Enforcement Officer - means a person so appointed by the
Municipality under the Police Services Act;
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, the manufacturing of
material used for highway construction, pouring of concrete, 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;
By-law 21-XX-XXXX
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Conveyance - includes a vehicle and any other device employed to
transport a person or persons or goods from place to place but does not
include any such device or vehicle if operated only within a building;
Construction Equipment - means any non-domestic equipment, tool,
device or motorized conveyance designed and intended for use in
construction or demolition, automotive repair or material handling,
including but not limited to, air compressors, pile drivers, pneumatic or
hydraulic tools, bulldozers, tractors, excavators, trenchers, cranes, derricks,
drills, loaders, 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
Whitewater Region;
Emergency Vehicle - means a police motor vehicle, ambulance, fire truck
or other vehicle responding to an emergency call pursuant to a statutory
duty;
Engine Brake - means a device used in trucks and semi-trailer units to
slow or brake the said vehicle by means of closing the exhaust valves on
the engines of the said vehicles, or any similar device.
Fire Chief - means the person so appointed by the Council of the
Corporation of the Township of Whitewater Region;
Firecracker - means a pyrotechnic device that explodes when ignited and
does not make any subsequent display or visible effect after the explosion;
Fireworks - includes firework shower, fountain, golden ran, lawn light,
pinwheel, Roman candle, sparkler and other pyrotechnic devices producing
quantities or effects of light, sound or smoke by the combustion of
explosive or flammable composition but does not include firecracker;
Inhabitants - means any owner, tenant, occupier or licensee of real
property within the Township of Whitewater Region;
Intermittent - means to cease for a time or to occur at intervals;
Leisure Vehicle - means any all all-terrain vehicle or snowmobile;
Motor Vehicle - includes an automobile, motorcycle, and any other vehicle
propelled or driven otherwise than by muscular power; but does not include
all-terrain vehicles, snowmobiles, other vehicles running only upon rails,
construction equipment, farm tractor or a self-propelled implement of
husbandry;
Motor Conveyance - means a conveyance propelled or driven other than
by muscular, gravitational or wind power;
Municipality - means the land within the geographic limit of the
Corporation of the Township of Whitewater Region;
By-law 21-XX-XXXX
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Person - includes any physical or corporate entity, partnership or any
association and the heirs, executors, administrators, successors and assigns
or other legal representative thereof to whom the context may apply;
Point of Reception - means any point on the premises of a person where
sound or vibration originating from other than those premises is received;
Residential Area - means all properties within the Corporation of the
Township of Whitewater Region zoned Residential, Rural Residential or
Limited Service Residential under the Zoning By-law, as amended;
Rural Area - means all properties within the Corporation of the Township
of Whitewater Region zoned Rural Area and/or Agriculture under the Zoning
By-law, as amended;
Solid Waste Bulk Lift - means a vehicle designated to load, unload and
transport containers for handling refuse;
Township shall mean the Corporation of the Township of Whitewater
Region.
2.0
Prohibitions
2.1 No person shall emit or cause or permit the emission of any
nuisance noise resulting from an act listed herein and, which
sound is clearly audible at a point of reception.
(a) The operation of any engine or pneumatic device without an
effective exhaust muffling device in good working order and
in constant operation.
(b) The operation of a motor vehicle or an engine so as to cause
excessive motor revving, squealing of tires or other sounds
that cause a disturbance.
(c) The operation of an engine or motor vehicle or item of
attached auxiliary equipment for a continuous period
exceeding five minutes, while such vehicle is stationary in a
residential area, unless:
(i) the vehicle is in an enclosed structure constructed so as to
effectively prevent excessive noise emission; or
(ii) 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
(iii) 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 during normal operation; or
(iv)weather conditions justify the use of heating or
refrigerating systems powered by the motor engine for the
preservation of perishable cargo or for the safety and
welfare of the operator, passengers or animals; or
By-law 21-XX-XXXX
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(v) prevailing low temperatures make longer idling periods
necessary, immediately after starting the motor or
engine; or
(vi)the idling is for the purpose of cleaning and flushing the
radiator and associated circulation system for seasonal
change of antifreeze, cleaning of the fuel system,
carburettor, or the like, when such work is performed
other than for profit; or
(vii)the operation of such motor is essential to maintain radio
and computer equipment for police, ambulance, fire
vehicles and other emergency vehicles.
2.2 The operation of a motor vehicle horn or other warning
device except where required or authorized by law, or in
accordance with good safety practice;
2.3 The operation of any item of construction equipment that is
without effective muffling devices.
2.4 No Person shall use or permit the use of any Engine Brakes
or any other similar device on any motor vehicle in any
location with the Township. The use of an engine brake is
only allowed in emergency situations.
3.
Prohibitions By Time And Place
No person shall emit, cause or permit the emission of a sound
resulting from any act listed below if clearly audible at a point of
reception in a Rural Area or Residential Area in a prohibited period of
time. Prohibited periods of time are as follows:
A
11 pm one day to 7 am the next day (9 am on Sundays)
B
7 pm one day to 7 am the next day (9 am on Sundays)
C
11 pm one day to 7 am the next day (Sunday - Friday)
C(1)
Midnight to 7 am that day (Saturday - Sunday)
D
All day Sundays and Statutory Holidays
E
7 pm one day to 7 am the next day
F
8 pm one day to 6:30 am the next day (9 am on Sundays)
G
12:30 am to dusk on the same day (New Year's Day only)
H
10:00 p.m. one day to dusk the next day
Residential
Rural
(a)
The detonation of fire-works
except those authorized by the
Fire Chief and explosive devices
except those in connection with
construction activities.
G & H
G & H
(b)
the discharge of firearms except
when discharged for the
protection of livestock
Prohibited
At Any
Time
N/A
By-law 21-XX-XXXX
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(c)
the operation of a combustion
engine, that 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 and the property zone
permits
B
B
(d)
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
C &
C(1)
C &
C(1)
(e)
The operation of any auditory
signaling device, including but not
limited to: the ringing of bells or
gongs, the blowing of horns,
sirens or whistles, or the
production or reproduction of the
amplification of any similar
sounds by electronic means,
except where required or
authorized by law or in
accordance with good safety
practices.
D & E
D & E
(f)
The operation of any motorized
conveyance other than on a
highway or other place intended
for its operation including
snowmobiles, all-terrain vehicles
and off-road motorcycles
B
N/A
(g)
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
A
A
(h)
Persistent barking, whining,
calling, crowing or other similar
persistent noise by any domestic
animal or bird
Prohibited
At Any
Time
Prohibited
At Any
Time
(i)
The operation of commercial car
wash air drying equipment.
D & E
D & E
(j)
Yelling, shouting, hooting,
whistling or singing.
A
A
(k)
All selling or advertising by
shouting or outcry or amplified
sound
B
B
By-law 21-XX-XXXX
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(l)
Loading, unloading, delivery,
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
D & E
N/A
(m) The manufacturing of construction
material or the operation of any
construction or manufacturing
equipment in connection with
construction or any construction
related activity, including those
activities that use explosive
devices.
D & F
D & F
(n)
The operation of any powered or
non-powered tool for domestic
purposes other than snow
removal.
F
F
(o)
The operation of a solid waste
bulk lift or refuse compacting
equipment.
B
B
(p) Noise - Outdoor Patio
C &
C(1)
C &
C(1)
4.0
Emergency Exemptions
4.1
Notwithstanding any other provision of this by-law, it shall be
lawful during an emergency to emit or cause to permit the
emission of sounds or vibrations in connection with emergency
measures;
(a)
for the immediate health, safety or welfare of the
inhabitants;
(b)
for the preservation or restoration of services and
property; unless such sound or vibration is clearly of a
longer duration, or nature more disturbing than is
reasonably necessary for the accomplishment of such
emergency.
5.0 Other Exemptions
5.1
It shall be lawful to permit the emission of sounds or vibrations
in connection with those activities listed below:
(a)
Any parade authorized by Council;
(b)
Use of bells or chimes normally associated with church
or school activities;
(c)
Any carnival, midway, circus, sporting event,
recreational, musical, entertainment, festival or other
event authorized by Council;
(d)
Any sporting, recreational, musical, entertainment,
festival, or other event or performance, in a municipal
park, on a municipal road, or any other place, provided
By-law 21-XX-XXXX
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the specific written permission of Council has been
obtained;
(e)
All sounds normally associated with farming operations
as governed by the Farming and Food Production and
Promotion Act including animal sounds, the operation of
farm equipment and machinery, providing that animals
are kept under normal farm practices and providing
reasonable maintenance of machinery and equipment
inhibits noise according to manufacturer's
specifications;
(f)
Authorized non-emergency work carried out by or on
behalf of the Township unless such noise emission is of
a longer duration or a nature more disturbing, than is
reasonable necessary;
(g)
Annual fall fairs operated by an Agricultural Society on
property owned or leased by an Agricultural Society;
(h)
Sounding of horns or alarms for the purpose of giving
notice of fire and other emergencies for the immediate
health, safety or welfare of the inhabitants or for the
preservation or restoration of property;
(i)
Noise between a common shared wall or floor by two
adjacent dwelling units within an apartment,
condominium or townhouse building, row buildings or
carriage homes unless the sound can be clearly audible
from the exterior of the building;
(j)
Noise generated by sanding, salting, clearing of snow or
the removal of snow;
(k)
An outdoor singing performance;
(l)
Victoria Day and Canada Day celebrations organized by
the municipality or municipally sponsored organizations
6.0 Application to Council
6.1
Notwithstanding anything contained in this By-law, any person
may make application, at least fifteen (15) days prior to the
event, to Council to be granted an exemption from any of the
provisions of this By-law with respect to any source of sound or
vibration for which he/she might be prosecuted and Council, by
resolution, may refuse to grant any exemption or Council, by
resolution, may grant the exemption applied for or any
exemption of lesser effect and any exemption granted shall
specify the time period during which it is effective and may
contain such terms and conditions as Council sees fit and
provided;
(a)
The event shall not create noise likely to cause a nuisance;
(b)
The event shall not exceed seven (7) calendar days in length;
(c)
The event shall not continue between 0100 and 0900 hours on
the same day;
By-law 21-XX-XXXX
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7.0
Details of Application for Exemption
7.1
The application mentioned in subsection (a) shall be made in
writing and shall contain:
(a)
the name and address of the applicant;
(b)
the name, address, telephone & e-mail of the organization
represented by the Applicant, if applicable;
(c)
the name of the contact person or persons who will be
supervising the event
(d)
the source of the sound or vibration in respect of which the
exemption is sought;
(e)
the provision of this By-Law from which the exemption is
sought;
(f)
the date and time of commencement of the event for which
the exemption is sought;
(g)
the time of conclusion for each day of the event for which the
exemption is sought;
(h)
the duration of the event for which the exemption is sought;
(i)
the location of the event for which the exemption is sought;
(j)
rationale for granting an exemption;
(k)
payment of the inspection fee as described in Schedule A.
7.2
The Clerk or designate may require the Applicant to provide
documentation confirming that notification of the event has
been given to the affected parties including but not limited to
community associations, business improvement areas and
adjacent residents and businesses.
7.3
The Clerk or designate may require monitoring of sound levels
resulting from the special event
and if so, the monitoring
shall be conducted at the Applicant's expense as outlined in
Schedule A attached hereto.
8.0 Decision
In deciding whether or not to grant the exemption, Council shall give
the applicant and any person opposed to the application an
opportunity to be heard and may consider such other matters as it
sees fit.
9.0
Breach
Breach by the applicant of any of the terms or conditions of the
exemption shall render the exemption null and void.
10.0
Exemptions
10.1 The provisions of this By-Law shall not apply to the Township or
any local board thereof, the Province of Ontario, the
Government of Canada or any of their agents or to any activity
By-law 21-XX-XXXX
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upon property owned by the forgoing.
10.2 The provisions of this By-Law shall not apply to industrial
operations agricultural operations and agricultural processing
activities.
10.3 The provisions of this By-Law shall not apply to snow removal
activities for hire.
11.0 Offence
11.1 Every person who contravenes any provision 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, as amended.
11.2 Each day a contravention continues may be deemed to be a
separate offence.
11.3 No person shall hinder or otherwise obstruct, nor attempt to
hinder or obstruct, either directly or indirectly, an officer,
employee and/or agent of the Corporation in the lawful
exercise of a power or duty under this by-law.
11.4 Every person shall comply with any Order or Notice issued
under the authority of this bylaw.
This by-law shall come into force and effect on the date of passing.
Read a first, second and third time and finally passed this 7th day of
July, 2021.
Michael Moore, Mayor
Carmen Miller, Clerk
By-law 21-XX-XXXX
Page 10 of 10
The Corporation of the Township of Whitewater Region
Part I Provincial Offences Act
Bylaw 21-XX-XXXX: Noise By-law
Schedule "A" - Penalty Provisions
Item
Short Form Wording
Provision
Creating
or
Defining
Offence
Set Fine
1
Operate engine or pneumatic device without
effective mufflers
2.1(a)
$200
2
Cause Disturbance - Operate motor vehicle or
engine
2.1(b)
$150
3
Operate motor vehicle, engine or equipment
more than 5 minutes
2.1(c)
$150
4
Unnecessary Noise - horn or other device
2.4
$150
5
Non-emergency Engine Break
2.2
$150
6
Cause Noise - fireworks or explosive device
3 (a)
$150
7
Cause Noise - discharge of firearm
3 (b)
$150
8
Cause Noise - model engine
3 (c)
$150
9
Cause Noise - electronic device
3 (d)
$150
10
Cause Noise - unnecessary use of audio
signaling device
3 (e)
$150
11
Cause Noise - motorized conveyance
3 (f)
$150
12
Cause noise - venting or pressure relief
3 (g)
$150
13
Permit persistent - barking or other noise
3 (h)
$150
14
Operate car wash drying equipment
3 (i)
$150
15
Cause Noise - yelling, shouting, hooting,
whistling or singing
3 (j)
$150
16
Selling or Advertising by shouting or amplified
sound
3 (k)
$150
17
Cause Noise - loading, unloading, packing,
unpacking, delivery or handling other material
or refuse
3 (l)
$150
18
Cause Noise - manufacturing of construction
material
3 (m)
$255.
19
Cause Noise - operation of construction or
manufacturing equipment
3 (m)
$255.
20
Cause Noise - operate domestic tools
3 (n)
$150
21
Cause Noise - operate solid bulk lift or refuse
compacting equipment
3 (o)
$200
22
Noise - Outdoor Patio
3 (p)
$150
23
Obstruction/Hinder Officer
11.3
$250
24
Non-Compliance with an Order or Notice
11.4
$250
Note: The general penalty provision for the offences listed above is
Section 11.1 of By-Law No. 21-XX-XXXX certified copy of which
has been filed.