This is the exact embedded text of the captured official document.
Snapshot 6a75c2e6f693 · verified 2026-10-18 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
By-law No. 47-2023
Noise By-law
Part I. Short Title, Purpose and Scope ........................................................ 2
Short Title ............................................................................................... 2
Purpose .................................................................................................. 3
Scope ..................................................................................................... 3
Part II. Interpretation ................................................................................ 3
Headings and References ........................................................................... 3
Definitions ............................................................................................... 3
Part III. Noise Regulations ......................................................................... 5
Prohibitions by Time .................................................................................. 5
Noise Exemptions Requests ........................................................................ 5
Part IV. Enforcement and Penalty ............................................................... 5
Order to Comply ....................................................................................... 5
Enforcement ............................................................................................ 6
Authority to Enter ..................................................................................... 6
Penalty ................................................................................................... 6
Part V. Conflict and Transition .................................................................... 7
Conflict and Terms Severable ..................................................................... 7
Repeal and Enactment ............................................................................... 7
Schedule "A"- Prohibitions by Time ............................................................ 8
Schedule "B" - Exempt Activities .............................................................. 10
Revision History:
Passed On:
47-2023 (Original)
June 6, 2023
67-2024
October 22, 2024
By-law No. 47-2023
Noise By-law
The Corporation of the Township of Woolwich
By-law No. 47-2023
A By-law Regulate Noise in the Township of Woolwich
Whereas sections 8, 9 and 10 of the Municipal Act, 2001, S.O. 2001 c.25 (the "Municipal
Act") authorize a municipality to pass by-laws necessary or desirable for municipal
purposes, and in particular paragraphs 5, 6, 8 and 9 of subsection 10(2) authorize by-
laws respecting the economic, social and environmental well-being of the municipality;
the health, safety and well-being of persons; the protection of persons and property; and
animals; and
Whereas section 128 of the Municipal Act authorizes a municipality to prohibit and
regulate with respect to public nuisances, including matters that, in the opinion of the
Council are or could become public nuisances; and
Whereas section 129 of the Municipal Act authorizes a municipality to prohibit and
regulate with respect to noise and vibration and, in particular, to prohibit noise unless
permission is obtained and to impose conditions for obtaining, continuing to hold and
renewing the permission, including requiring the submission of plans; and
Whereas section 130 of the Municipal Act provides that a municipality does not have the
authority to regulate noise in connection with deliveries to certain businesses; and
Whereas section 425 of the Municipal Act authorizes a municipality to pass by-laws
providing that a person who contravenes a by-law of the municipality passed under that
Act is guilty of an offence; and
Whereas the Municipal Act further authorizes a municipality, amongst other things, to
delegate its authority, to impose fees or charges on persons for services or activities
provided or done by or on behalf of it, to provide for inspections and inspection orders,
and to make orders to discontinue activity or to do work; and
Whereas the Council of the Corporation of the Township of Woolwich deems it desirable
to pass the subject by-law to regulate noise in the municipality;
Now therefore, the Council of the Corporation of the Township of Woolwich
enacts as follows:
Part I. Short Title, Purpose and Scope
Short Title
1. This By-law may be cited as the "Noise By-law".
By-law No. 47-2023
Noise By-law
Purpose
2. This by-law has been enacted to regulate Noise within the Township of Woolwich
Scope
3. This by-law shall not apply to any activities listed in Schedule "B" to this by-law.
Part II. Interpretation
Headings and References
4. The division of this by-law into parts and the insertion of headings are for
convenient reference only and shall not affect the interpretation of the by-law.
5. All references to applicable law are ambulatory and apply as amended from time to
time.
Definitions
6. For the purposes of this by-law:
"Authorized Emergency Vehicle" includes any:
a.
ambulance;
b.
fire department vehicle
c.
police vehicle;
d.
a snowplow or other maintenance vehicle operated by or for the Township,
the Regional Municipality of Waterloo or the Ministry of Transportation; and
e.
vehicle for a Public Utility company while actively engaged in the
construction, maintenance, or repair of any H ighway, or any equipment
or facilities thereon;
"Airport" means a complex of runways and buildings for the takeoff, landing, and
maintenance of civil aircraft, with facilities for passengers;
"Clerk" means the Municipal Clerk of the Township or designate;
"Construction" includes erection, alteration, repair, dismantling, demolition, structural
maintenance, painting, moving, land clearing, earthmoving, 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;
"Construction Equipment" means any equipment or device designed and intended for use
in Construction or material handling, including but not limited to, hammers, saws, drills,
By-law No. 47-2023
Noise By-law
augers, 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;
"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;
"Council" means the Council of the Township;
"decibels" means the sound level in decibels obtained when using a sound level meter
with the A-weighting expressed in terms of the energy equivalent sound level or the
continuous sound level that would result in the same total sound energy being produced
over a given period of time;
"Highway" has the same meaning as in the Highway Traffic Act, RSO 1990, c H.8;
"Statutory Holiday" means any day within the definition of "holiday" in the Retail Business
Holidays Act, R.S.O. 1990, c. R.30;
"Husbandry" means the raising of livestock and the cultivation of crops;
"Motorized Conveyance" means a Conveyance propelled or driven otherwise than by
muscular, gravitational or wind power;
"Noise" means any sound that is of such a volume or nature that it is likely to disturb the
inhabitants of the Township;
"Officer" means a By-law Enforcement appointed by Council to enforcement of the
Township by-laws, an Officer of the Kitchener Waterloo Humane Society or a Police
Officer appointed under the Police Services Act, R.S.O. 1990, c P.15;
"Residential Renovation" means work, other than work performed by a professional
or licensed contractor, consisting of Construction at a residential property by a person
residing at the property (with or without the assistance of other persons);
"Person" means an individual, firm, corporation,
partnership, association or
organization, including a charitable organization;
"Point of Reception" means any location within a building with the windows and doors
closed or on the premises where a Person, in the opinion of an Officer, reasonably
occupies or spends their leisure time where sound originating from other than those
premises is received;
"Public Utility" means those in the employment of Ontario Hydro, the Regional
Municipality of Waterloo, Union Gas, and Bell Canada;
"Township" means the Corporation for the Township of Woolwich and a reference to the
By-law No. 47-2023
Noise By-law
Township is a reference to the geographical area of the Township of Woolwich or to the
Corporation of the Township of Woolwich as the context requires; and
"Unreasonable Noise" means noise that is clearly audible at a Point of Reception that, in
the opinion of an Officer, is excessive or of such nature or volume that it interferes with
the reasonable enjoyment or habitation of an inhabitant of a property.
Part III. Noise Regulations
Prohibitions by Time
7. No Person shall emit, cause to be emitted, or permit the emission of sound at a
prohibited time as indicated in Schedule "A" to this by-law resulting from any act listed
in Schedule "A".
8. Where the emission of sound is allowed at a time set out in Schedule "A" to this by-
law, no Person shall emit or cause to be emitted or permit the emission of
Unreasonable Noise.
Noise Exemptions Requests
9. Any Person may apply to the Clerk to allow the emission of Noise prohibited by this
by-law, upon the payment of a non-refundable application fee in accordance with
the Township's Fees and Charges By-law and providing the following information in
writing:
a.
the name and address of the applicant;
b.
a description of the source of sound in respect of which exemption is sought;
c.
the period of time for which the exemption is sought;
d.
the reasons for the exemption; and
e.
any steps planned or presently being taken to mitigate the Noise.
10. The Clerk may grant an exemption to this by-law, subject to any conditions, limits
or additional mitigation measures as specified by the Clerk.
11. Where an exemption is granted by the Clerk, breach of any of the terms or
conditions of the exemption may render the exemption null and void.
12.
An exemption may be granted for a time up to four consecutive days or four days
within one month.
Part IV. Enforcement and Penalty
Order to Comply
13. Where the Officer has reasonable grounds to believe that a contravention of this
By-law No. 47-2023
Noise By-law
by-law has occurred, the Officer may make an order requiring the Person who
contravened this by-law to do work to correct the contravention.
14. An order issued under this by-law shall set out:
a.
reasonable particulars of the contravention adequate to identify the
contravention and the location where the contravention occurred; and,
b.
the work or remedial action required to be done and the date by which the
work or remedial action must be done.
15. An order issued under this by-law may require work or remedial action to be done
even though the facts which constitute the contravention of this by-law were
present before this by-law came into force.
16. Any Person who fails to comply with an order issued under this by-law is guilty of
an offence.
Enforcement
17. Any Officer is authorized to enforce this by-law.
Authority to Enter
18. 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.
19. For the purposes of 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.
20. No Person shall hinder or obstruct or attempt to hinder or obstruct any Officer who
is exercising a power or performing a duty under this by-law.
Penalty
21. Every Person who contravenes any of the provisions of this by-law is guilty of an
offence and upon conviction is liable to a set fine or penalty in accordance with the
By-law No. 47-2023
Noise By-law
Provincial Offences Act, R.S.O. 1990. c P.33.
21.1. Sections 7, 8, 16, and 20, inclusive of all subsections thereunder, of this By-
law are hereby designated as parts of this By-law to which the
Administrative Monetary Penalty System By-law applies. (By-law 67-2024)
21.2. Any person shall, upon issuance of a penalty notice for a contravention of
this By-law, in accordance with the Administrative Monetary Penalty System
By-law, be liable to pay an administrative penalty and any administrative
fees, in accordance with the Administrative Monetary Penalty System By-
law. (By-law 67-2024)
21.3. All the provisions of this by-law continue to apply in the Provincial Offences
Act in addition to the Designated Provisions of this by-law. (By-law 67-2024)
21.4. Where a person has not paid the administrative penalty within 30 days in
accordance with the Administrative Monetary Penalty System By-law, the
Township may add the administrative penalty to the tax roll for any property
for which the owner or owners are responsible for paying the administrative
penalty under Section 21.2. (By-law 67-2024)
Part V. Conflict and Transition
Conflict and Terms Severable
22. In the event the provisions of this by-law are inconsistent with the provisions of the
Municipal Act, its Regulations, or any other Act, the provisions of the Act or
Regulation shall prevail
23. The terms and provisions of this by-law shall be severable, and should any term or
provision be found by a court of competent jurisdiction to be legally unenforceable,
inoperative or invalid, the remainder of the by-law shall continue to be in full force
and effect.
Repeal and Enactment
24. By-law numbers 61-2016 and 38-2017 are repealed when this by-law comes into
effect.
25. This by-law shall come into effect on the day it is passed.
PASSED this 6th day of June, 2023.
Signature on file
Mayor
Signature on file
Clerk
By-law No. 47-2023
Noise By-law
Schedule "A"- Prohibitions by Time
Source of Sound
Time
1. Unreasonable Noise that, in the opinion of an Officer, is
likely to disturb at the Point of Reception.
At all times
2. The detonation of fireworks or explosive device not used in
Construction.
At all times other
than those permitted
by other Township
By-laws
3. The discharge of firearms.
At all times other
than those permitted
by other Township
By-laws
4. The operation of a radio, television, stereo, musical
instrument or any other electronic device or group of
connected electronic or other electro-mechanical
transducers intended for the reproduction or amplification of
sound.
Sunday - Thursday,
21:00 to 09:00 the
next day
Friday - Saturday,
23:00 to 09:00 the
next day
5. The operation of a radio, television, stereo, musical
instrument or any other electronic device or group of
connected electronic or other electro-mechanical
transducers intended for the reproduction or amplification of
sound louder than:
a. 55 Decibels at a Point of Reception outside; or
b. 45 Decibels at a Point of Reception inside.
All other times
6. The operation of any combustion engine or pneumatic
device without an effective exhaust or intake muffling device
in good working order and in constant operation.
At all times
7. The operation of a combustion engine which is used or
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.
19:00 one day to
09:00 next day
8. The operation of any Motorized Conveyance other than on a
Highway or other place intended for its operation.
19:00 one day to
07:00 next day
(09:00 on Sundays)
9. 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.
19:00 one day to
07:00 next day
(09:00 on Sundays)
By-law No. 47-2023
Noise By-law
Source of Sound
Time
10. The operation of any auditory signaling 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.
At all times
11. 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
12. Persistent or repetitive yelling, shouting, hooting, whistling or
singing.
At all times
13. Yelling, shouting, hooting, whistling, or singing.
21:00 one day to
07:00 next day
(09:00 on Sundays)
14. Selling or advertising by shouting, outcry or amplified sound. At all times
15. Loading, unloading, delivering, packing, unpacking, or other
handling of any equipment, containers, products, materials,
or refuse (other than as set out in item 16), except:
a. where necessary for the maintenance of essential
services or the moving of private household effects; or
b. in connection with the delivery of goods to retail business
establishments; restaurants, including cafes and bars;
hotels and motels; and goods distribution facilities.
All day Sundays and
Statutory Holidays.
19:00 one day to
07:00 next day
otherwise
16. The operation of solid waste bulk lift or refuse compacting
equipment.
21:00 one day to
07:00 next day
(09:00 on Sundays)
17. The operation of any item of Construction Equipment in a
without effective muffling devices in good working order and
in constant operation
At all times
18. The operation of any Construction equipment other than in
connection with Residential Renovations.
All day Sundays and
Statutory Holidays.
19:00 one day to
07:00 next day
otherwise.
19. The operation of any Construction equipment in connection
with Residential Renovations.
21:00 one day to
07:00 next day
(09:00 on Sundays)
20. The operation or use of any tool for domestic purposes other
than snow removal.
21:00 one day to
07:00 next day
(09:00 on Sundays)
By-law No. 47-2023
Noise By-law
Schedule "B" - Exempt Activities
1. Operation of Authorized Emergency Vehicles or any emergency activities are
undertaken for:
a.
the immediate health, safety or welfare of the inhabitants of the Township; or
b.
the preservation or restoration of property.
2. Operation of bells or other alarms utilized as traffic control devices, including the
following:
a.
bells and other devices at traffic signal locations; and,
b.
bells at railway crossings.
3. Operation of machines and equipment by or on behalf of the Township, including
but not limited to the following:
a.
grass cutting, field maintenance, tree/shrub pruning and mulching
equipment;
b.
Township owned or contracted street cleaners and flushers; and
c.
Construction equipment and machinery, including snow removal
equipment, used by or on behalf of the Township while carrying on or
engaged in the performance of public works, including but not limited the
following, capital projects and maintenance operations.
4. Operation of bells, chimes, carillons and clocks in religious or public buildings.
5. Operation of machinery by or on behalf of a Public Utility where the work needs to
be done on weekends or overnight to minimize service interruptions.
6. Operation of Construction equipment where the Township has issued a road use
permit and in issuing such permit the Township mandates that the work be done
on weekends or overnight to minimize traffic impacts.
7. Noises normally incidental to activities or events at outdoor recreational facilities
or taking place pursuant to a Township issued permit for outdoor recreational
facilities, subject to any conditions applicable to such permit.
8. Noise from Airports originating from the Airport itself, or from planes flying, landing
or taking off which is entirely a matter of federal law, and is enforced by the Ministry
of Transportation (Canada).
9. The use of implements of Husbandry in the operation of agricultural endeavors.
10. Noise relating to snow clearing equipment created by the activity of snow removal.