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AMENDED BY:
By-law 8952, dated April 21, 1987 (approved by Minister of Environment Aug. 24/87)
By-law 10277, dated May 22, 1990
By-law 11621, dated Nov. 1, 1993(approved by Minister of Environment June 16/94)
By-law 178-1998, June 8, 1998 (approved by Minister of Environment July 30/98)
By-law 191-1998, June 15, 1998 (approved by Minister of Environment July 30/98)
By-law 272-1998, August 31, 1998 (approved by Minister of Environment Jan. 26/99)
By-law 113-1999, April 26, 1999 (approved by Minister of Environment May 28, 1999)
By-law 344-1999, Nov. 15, 1999 (approved by Minister of Environment Feb. 2, 2000)
By-law No. 445-2001, December 3, 2001 (approval not needed - per George Wilkki legal
opinion att'd)
By-law No. 182-2004, June 14, 2004 (new Municipal Act - Minister approval no longer
necessary)
By-law No. 173-2006, Sept. 11/06
By-law No. 7-2008, Jan. 14/08
By-law No. 161-2010, Oct. 4/10
By-law 34-2013, March 4, 2013
By-law 84-2020, June 15/20
B I L L
No. 279
1 9 8 0
B Y - L A W N U M B E R 6716
A BY-LAW RESPECTING THE EMISSION OF
SOUNDS
Passed the 22nd day of September, 1980.
WHEREAS Section 129 of the Municipal Act, 2001, as amended,
provides that the councils of local municipalities may pass by-laws for regulating
or prohibiting with respect to noise; (amended By-law 182, 2004, June 14,
2004)
AND WHEREAS it is deemed expedient to reduce and control such
sound or vibration;
NOW THEREFORE the Council of The Corporation of the City of
Windsor enacts as follows:
1.
INTERPRETATION
(1)
In this by-law,
(a)
"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, 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;
(b)
"Construction Equipment" means any equipment or device
designed and intended for use in construction or material
handling, including but not limited to, air 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;
(c)
"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 the premises of a person;
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(d)
"Corporation" means The Corporation of the City of
Windsor;
(e)
"Council" means the Council of The Corporation of the City
of Windsor;
(f)
"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;
(g)
"Minister" means Minister of the Environment;
(h)
"Ministry" means Ministry of the Environment;
(i)
"Motor Vehicle" includes an automobile, motorcycle, 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 vehicles running only upon rails, or a
motorized snow machine, traction engine, farm tractor, self-
propelled implement of husbandry or road-building machine
within the meaning of the Highway Traffic Act;
(j)
"Motorized Conveyance" means a conveyance propelled or
driven otherwise than by muscular, gravitational or wind
power;
(k)
"Municipality" means the land within the geographic limit of
the City of Windsor;
(l)
"Noise" means unwanted sound;
(m)
"Noise Control Officer" means a Police Officer of the City of
Windsor or any person designated by
Council
as
responsible for the administration of this by-law from time to
time;
(n)
"Point of Reception" means any point on the premises of a
person where sound or vibration originating from other than
those premises is received.
(2)
Zones
In this by-law,
(a)
"Residential Area" means those areas of the Municipality
designated as residential in By-law Number 8600 and
designated as residential and planned development in By-
law Number 3072 of the Corporation as may be amended
from time to time. (B/L 8952, eff. Aug. 24/87)
(b)
"Commercial Area" means those areas of the municipality
designated as commercial in By-law Numbers 8600 and
3072 of the Corporation as may be amended from time to
time. (B/L 8952, eff. Aug. 24/87)
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2.
GENERAL PROHIBITIONS
No person within the boundary of the municipality shall emit or cause or
permit the emission of sound resulting from an act listed herein, and which
sound is clearly audible at a point of reception:
NOTE: Section 2, Subsections 1, 2, 3, 4, 5, 6 and 8 rescinded - By-law 84-
2020
i)
No person shall emit or cause or permit the emission of sound
resulting from unnecessary motor vehicle noise, such as the
sounding of a horn, revving of an engine, squealing of tires,
banging, clanking or any like sound that is clearly audible at a point
of reception.
ii)
No person shall emit or cause or permit the emission of sound
resulting from the repairing, rebuilding, modifying or testing of a
vehicle if the sound is clearly audible at a point of reception from 9
p.m. until 7 a.m. the next day, except until 9 a.m. on Saturdays,
Sundays and statutory holidays.
iii)
No person shall emit or cause or permit the emission of sound from
a motorcycle, if the motorcycle emits any sound exceeding 92
dB(A) from the exhaust outlet as measured at 50 cm or more, while
the motorcycle engine is at idle.
(Sections (i), (ii) and (iii) - added By-law 84-2020, June 15, 2020
(7) The operation of any item of construction equipment in a residential
area without effective muffling devices in good working order and in
constant operation.
2.1
AREA PROHIBITION
No person shall idle, or permit the idling of, a bus, for a continuous period
exceeding 15 minutes, if the idling sound of the bus is clearly audible at a point
of reception within the boundaries of the City Centre Business Improvement
Area, as described in Schedule "A" attached hereto. (added B/L 178-1998, June
8/98, eff. July 30/98)
2.2
MOTOR VEHICLES - STEREOS/ELECTRONIC DEVICES
No person within the municipality shall emit or cause or permit the
emission of sound resulting from the operation of any stereo or other electronic
device designed to create, transmit, reproduce or amplify sound in or on a motor
vehicle, which is audible at a distance of 8 metres (26 feet) from such motor
vehicle. (section added B/L 173-2006, Sept. 11/06)
3.
PROHIBITIONS BY TIME AND PLACE
No person within the municipality shall emit or cause or permit the
emission of sound resulting from any act listed in Table 3.1, hereinafter set out, if
clearly audible at a point of reception located in an area of the municipality
indicated within a prohibited time shown for such an area.
TABLE 3-1
PROHIBITED PERIOD OF TIME
Commercial Area
Residential
Area
1.
The operation of a combustion
engine which,
Midnight to 7:00
A.M.
At all times
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(i)
is, or
(ii)
is used in, or
(iii)
is intended for use in,
a toy, or a model or replica of any
device, which model or replica has
no function other than amusement
and which is not a conveyance.
2. The sound from or created by any
radio, phonograph, tape player,
television, 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 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
(B/L
11621, eff. June 16/94)
At all times
At all times
3.
The
operation
of
any
auditory
signalling device, including but 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 electronic means, except where
required or authorized by law or in
accordance
with
good
safety
practices.
Midnight to 7:00
A.M.
At all times
4. The operation of any powered rail
car including but not limited to
refrigeration cars, locomotives or
self-propelled
passenger
cars,
while stationary on property not
owned or controlled by a railway
governed by the Canada Railway
Act.
Midnight to 7:00
A.M.
At all times
5. The operation of any motorized
conveyance other than on a
highway or other place intended
for its operation
Midnight to 7:00
A.M.
At all times
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6. 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.
Midnight to 7:00
A.M.
9:00 P.M. to
8:00 A.M.
7.
The operation of a commercial car
wash with air drying equipment
Midnight to 7:00
A.M.
11:00 P.M. to
8:00 A.M.
8.
Yelling,
shouting,
hooting,
whistling or singing.
Midnight to 7:00
A.M.
At all times
9.
The operation of a power assisted
hang glider or parafoil
Midnight to 7:00
A.M.
At all times
10.
The operation of any item of snow
making equipment.
Midnight to 7:00
A.M.
At all times
11.
All
selling
or
advertising
by
shouting or outcry of amplified
sound.
Midnight to 7:00
A.M.
At all times
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.
8:00 P.M. to
6:00 A.M.
13.
The operation of any equipment in
connection with construction.
8:00 P.M. to
6:00 A.M.
14. The operation or use of any tool
for domestic purposes other than
snow removal
Midnight to 7:00
A.M.
9:00 P.M. to
8:00 A.M.
15. The operation of solid waste bulk
lift
or
refuse
compacting
equipment.
8:00 P.M. to
6:00 A.M.
16. The operation of a commercial car
wash
of
a
type
other
than
mentioned in Item 7.
Midnight to 7:00
A.M.
11:00 P.M. to
8:00 A.M.
17.
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
agricultural. (added B/L 113-1999,
Apr.26/99, eff. May 28/99)
At all times
At all times
3.1
EXEMPTION (added B/L 445-2001, Dec.3/2001)
Table 3-1, paragraph 17, of section 3 shall not apply to:
(a)
A veterinary hospital, clinic, office or veterinary service lawfully operated
and supervised by a veterinarian licensed to practice in Ontario;
(b)
An animal shelter operated by the Windsor-Essex County Humane
Society, Erie Wildlife Rescue Inc., or a shelter lawfully operated by the
Ontario Humane Society;
(c)
Premises registered as a research facility in accordance with the Animals
For Research Act, as amended;
(d)
Kennels licensed by The Corporation of the City of Windsor;
(e)
Pet shops licensed by The Corporation of the City of Windsor;
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(f)
Any person in charge of a traveling circus, exhibition, or road show, or any
employee thereof, lawfully displaying animals within the City of Windsor;
(g)
Any person licensed or exempted as an operator of an animal supply
facility in accordance with the Animals For Research Act, as amended, or the
employees of such facility, during the course of their duties;
(h)
Any person who operates an elementary school, secondary school,
college, university or provincial institution that contains a research facility
exempted from registration under the Animals For Research Act, as
amended;
(i)
Any person who operates, or who is employed by, an establishment which
lawfully carries on the business of supplying animals to elementary schools,
secondary schools, colleges, universities or provincial institutions;
(j)
Dogs maintained in a zoo, fair, exhibition, carnival, menagerie or circus
operated or licensed by The Corporation of the City of Windsor or other
governmental agency;
(k)
The Corporation of the City of Windsor or other governmental authority
while lawfully operating a public park, exhibit, or zoological garden, and
maintaining animals therein; and
(l)
Any dog owned, possessed or harboured by the Windsor Police Service,
Ontario Provincial Police, Royal Canadian Mounted Police or any other local
police or other government enforcement agency."
4.
EXCEPTION
Notwithstanding any other provision of this by-law, it shall be lawful to emit
or cause or permit the emission of sound or vibration in connection with:
(1)
Emergency measures undertaken,
(a)
for the immediate health, safety or welfare or the inhabitants
or any of them; or,
(b)
for the preservation or restoration of 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 purpose.
(2)
Garbage and recycling collection carried out by, or on behalf of,
The Corporation of the City of Windsor or its authorized agent. (added by
By-law 161-2010, Oct. 4, 2010)
5.
GRANT OF EXCEPTION BY COUNCIL
(1)
Application to Council
Notwithstanding anything contained in this By-law, any person may make
application 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 might be
prosecuted and Council, by resolution, may refuse to grant any exemption or
may grant the exemption applied for or any exemption of lesser effect, and any
exemption granted shall specify the time period, not in excess of six (6) months,
during which it is effective and may contain such terms and conditions as Council
sees fit.
(2)
Decision
In deciding whether to grant the exemption, Council shall give the
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applicant and any person opposed to the application, an opportunity to be heard
and may consider such other matters as it sees fit.
(3)
Breach
Breach by the applicant of any of the terms or conditions of any
exemption granted by Council shall render the exemption null and void.
(Section 6 REPEALED AND SUBSTITUTED - SEE BELOW - By-law 7-2008,
Jan. 14//08)
6.1
EXEMPT ACTIVITIES
Notwithstanding any other provisions of this by-law, this by-law does not
apply to a person who emits or causes or permits the emission of sound or
vibration in connection with any of the hereinafter listed activities, namely:
(a)
Ringing of church bells or chimes
(b)
Ringing of school bells. (Added B/L 34-2013, March 4, 2013)
6.2
TEMPORARY NOISE BY-LAW EXEMPTION PERMITS
Despite any other provisions of this by-law, this by-law does not apply to a
person who emits or causes or permits the emission of sound, if the
Corporation's General Manager of Client and Protective Services, or his or her
designate, has issue to such person a Temporary Noise By-law Exemption
Permit, and such person complies with the terms and conditions in the said
Temporary Noise By-law Exemption Permit."
(Section 6 SUBSTITUTED - B/L 7-2008, Jan.14/08)
7.
SEVERABILITY
If a Court of competent jurisdiction should declare any section or part of a
section of this by-law to be invalid, such section or part of a section shall not be
construed as having persuaded or influenced Council to pass the remainder of
the by-law and it is hereby declared that the remainder of the by-law shall be
valid and shall remain in force.
8.
PENALTY
Every person who contravenes any of the provisions of this by-law is guilty
of an offence and shall, upon conviction thereof, forfeit and pay a penalty of not
more than Five Thousand Dollars ($5,000), exclusive of costs and every such
fine is recoverable under the Provincial Offences Act. (amended B/L 10277,
May 22/90; B/L 344-1999, Nov.15/99)
9.
That By-law Number 137, as amended, is repealed.
10.
This by-law shall come into full force and take effect upon the day
following the final passing thereof upon which it is approved by the Minister of
the Environment.
(SIGNED) "A. H. WEEKS"
MAYOR
(SIGNED) "J. B. ADAMAC"
CLERK
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First Reading
- September 22, 1980
Second Reading
- September 22, 1980
Third Reading
- September 22, 1980
NOTE:
By-law No. 6716 is approved pursuant to the provisions of The
Environmental Protection Act, 1971, as amended, at Toronto, this
17th day of February, 1981. (original certificate attached to book
copy of By-law 6716)
(SIGNED) "HARRY PARROTT"
MINISTER OF THE ENVIRONMENT
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(added B/L 178-1998, June 8/98, eff, July 30/98)
SCHEDULE "A"
TO BY-LAW NUMBER 178-1998
The Downtown Area of the City of Windsor bounded,
a) on the north, by the Detroit River;
b) on the east, by a line down the middle of Glengarry Avenue from the Detroit
River to the middle of Chatham Street; thence westerly along the middle of
Chatham Street to the middle of McDougall Street; thence southerly along the
middle of McDougall Street to the middle of Tuscarora Street; thence westerly
along the middle of Tuscarora Street to the middle of Windsor Avenue;
thence southerly along the middle of Windsor Avenue to the middle of Elliott
Street;
c) on the south, by a line down the middle of Elliott Street from the middle of
Windsor Avenue westerly to Victoria Avenue; thence northerly along the
middle of Victoria Avenue to the middle of Elliott Street; thence westerly along
the middle of Elliott Street to the alley between Victoria Avenue and Dougall
Avenue; and
d) on the west, by a line down the middle of the alley between Victoria Avenue
and Dougall Avenue from Elliott Street to the middle of Park Street; thence
westerly along the middle of Park Street to the middle of Church Street;
thence northerly along the middle of Church Street to the middle of Pitt
Street; thence westerly along the middle of Pitt Street to the middle of Bruce
Avenue; thence northerly along the middle of Bruce Avenue to the Detroit
River.