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THE CORPORATION OF THE
TOWNSHIP OF ZORRA
BY-LAW NO. 69-12
BEING A BY-LAW TO PROVIDE FOR THE REGULATION
AND PROHIBITION OF NOISE EMITTED IN THE
TOWNSHIP OF ZORRA.
WHEREAS section 129 of the Municipal Act, 2001 S.O. 2001, c. 25, as amended,
provides that a local municipality may prohibit and regulate with respect to noise, and
may prohibit unless a permit is obtained from the municipality for noise, and may
impose conditions for obtaining, continuing to hold, and renewing the permit;
AND WHERAS it is deemed expedient and necessary for Council to exercise the power
conferred upon it by the Municipal Act and prohibit and regulate noise in the Township
of Zorra;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF
ZORRA ENACTS AS FOLLOWS:
1.
DEFINITIONS
1.1.
Agriculture Area - shall mean any area zoned A1, A2, AB in Township of Zorra
Zoning By-law 35-99, as amended. Or shall mean a property that is zoned for
agricultural use in the zoning by-law that applies to the property.
1.2.
Commercial Area - shall mean any area zoned CC, HC, V in Township of Zorra
Zoning By-law 35-99, as amended. Or shall mean a property that is zoned for
commercial use in the zoning by-law that applies to the property.
1.3.
Construction equipment--shall include a bulldozer, excavator, trencher,
jackhammer, crane, loader, scraper, paver, compactor, roller, grader, concrete
mixer and all like equipment.
1.4.
Council--shall mean the Council of the Corporation of the Township of Zorra.
1.5.
Emergency Vehicle--shall mean any vehicle of law enforcement, fire
department, ambulance, or any public service while answering a call.
1.6.
Excessive Idling - shall mean vehicles idling in excess of 10 minutes, or dirt
bikes, all-terrain vehicles, snowmobiles, go-carts, or dune buggies idling in
excess of 5 minutes.
1.7.
Firearm--shall mean a barrelled weapon from which any shot, bullet or other
projectile can be discharged and that is capable of causing serious bodily injury
or death to a person, and includes any frame or receiver of such barrelled
weapon and anything that can be adapted for use as a firearm; excluding spring
and air powered firearms, long or cross bows.
1.8.
Holiday--shall mean any holiday set our as a holiday in the Retail Business
Holidays Act, R.S.O. 1990, c. R. 30, or any successor thereof.
1.9.
Industrial Area -- shall mean any area zoned MR, MG, MD, ME, MQ, and MA in
Township of Zorra Zoning By-law 35-99, as amended.
The Corporation of the Township of Zorra
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By-law No. 69-12
1.10. Institutional Area - shall mean any area zoned I in Township of Zorra Zoning By-
law 35-99, as amended.
1.11. Misuse - shall mean causing unnecessary noise, which includes stationary
revving of engines, honking of horns, squealing of tires, excessive idling, and/or
operating without an effective exhaust or intake muffling device in good working
order and in constant operation that prevents excessive noises that are loud or
explosive.
1.12. Noise-- shall mean sound that is of such a volume or nature that it is likely to
disturb one or more persons.
1.13. Other Area--shall mean any area of the Township not Zoned RR, RE, R1, R2,
R3, A1, A2, AB, I, MR, MG, MD, ME, MQ, and MA.
1.14. Person--shall include a corporation, organization, association, partnership, or
any entity comprised of one or more individuals.
1.15. Residential Area--shall mean any area zoned RR, RE, R1, R2, or R3 in the
Township of Zorra Zoning By-Law 35-99, as amended.
1.16. Source of Sound--shall mean an activity, matter, thing, or tangible personal
property or real property, from which a noise is emitted;
1.17. Township--shall mean The Corporation of the Township of Zorra.
1.18. Trapshooting--shall mean clay target shooting game, performed with a shotgun
or a similar device.
1.19. Vehicle - shall include an automobile, a motorcycle, a motor assisted bicycle
unless otherwise indicated in the Highway Traffic Act, R.S.O. 1990, c. H.8, and
any other vehicle propelled or driven otherwise than by muscular power but does
not include a street car 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.
2.
GENERAL PROHIBITIONS
No person shall, at any time, emit, cause, or permit to be emitted or caused, any noise
created by:
2.1
The persistent barking, calling or whining of any domestic pet;
2.2
The squealing of motor vehicle tires for reasons other than emergency braking;
2.3
The use of a horn, whistle, alarm, bell, gong, or similar device, except for an
auditory safety or warning device;
2.4
The detonation of explosives, including the discharge of any gun or other firearm,
air gun or spring gun, or any similar device, except:
2.4.1 By a peace officer in the performance of his or her duty;
2.4.2 For the purposes of normal farm practices;
2.4.3 By a licensed hunter as part of a lawful hunt but only when in accordance
with regulations made under the Fish and Wildlife Conservation Act, 1997,
as amended;
2.4.4. The discharge of firearms as part of a properly licensed gun club or
shooting range, but only on the following days, and between the following
hours: Mondays, Wednesdays and Fridays between the hours of 9:00 a.m.
and 9:00 p.m.; and Saturdays between the hours of 10:00 a.m. and 6:00
p.m., or
The Corporation of the Township of Zorra
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By-law No. 69-12
2.4.5. The discharge of a firearm, shot gun or similar device as part of the practice
of trap shooting shall only be permitted for three hours per week and in
accordance with Section 2.4.4 above."
2.5
The idling of a vehicle motor in excess of 10 minutes, except:
2.5.1 When such idling is recommended by the manufacturer of such vehicle
and proof of such recommendation is provided by the vehicle operator
upon request;
2.5.2 When such idling is necessary to the basic function of the equipment on a
vehicle such as a concrete mixer on a concrete mixing truck, a lift
platform, a refuse compactor, or a heat exchange system; or
2.5.3 When the weather conditions require the vehicle to idle in order to keep in
operation a heating or refrigeration system necessary for the welfare or
preservation of the cargo of such vehicle;
2.6
The operation of an air conditioner, pool pump or filter, heat pump or any similar
device that is not in proper working order;
2.7
The operation of a combustion engine without an effective exhaust muffling
device in proper working order; or
2.8
The operation of a vehicle radio, stereo, or any similar device.
3.
PROHIBITIONS BY TIME AND PLACE
No person shall emit, cause, or permit to be emitted or caused any noise created by an
activity listed in Schedule "A" of this By-Law during the time and in the area such noise
is prohibited as set out in Schedule "A".
4.
EXEMPTIONS
4.1.
Not withstanding any other provision of this by-law, it shall be lawful to emit or
cause or permit the emission of noise in connection with the following:
4.1.1 Emergency measures undertaken for the immediate health, safety or
welfare of the inhabitants of the Township, including the operation of
sirens on emergency vehicles and the discharge of firearms by peace
officers in the performance of their duties;
4.1.2 The operation, maintenance, or installation of municipally-owned
infrastructure, facilities, or the like, by the Township, its servants,
employees, contractors, or agents;
4.1.3 Necessary municipal operations, including but not limited to snow
removal, street cleaning, and garbage collection, undertaken by or on
behalf of the Township;
4.1.4 Activities authorized by the Township, including but not limited to:
4.1.4.1
Road and Bicycle races;
4.1.4.2
Parades;
4.1.4.3
Midways and Circuses;
4.1.4.4
Fireworks displays;
4.1.4.5
Sporting, recreational, and entertainment events in public parks,
buildings or grounds, as approved by the Township of Zorra;
The Corporation of the Township of Zorra
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By-law No. 69-12
4.1.4.6
Musical and other performances in public parks, buildings or
grounds, as approved by the Township of Zorra;
4.1.4.7
Special neighbourhood social activities on streets or other public
land;
4.1.5 Snow removal that is essential for the normal operation of a business;
4.1.6 The ringing of bells or chimes in connection with any Church, Chapel,
meeting house, or religious service, including Church clocks striking the
hour and the playing of any church carillon;
4.1.7 Normal farm practices within the meaning of the Farming and Food
Protection Act, 1998, S.O. 1998, c. 1 as amended, or any successor
thereof.
4.1.8 Operations specifically for the delivery of goods for retail business
establishments, restaurants (including cafes and bars), hotels and motels,
and goods distribution facilities. Amended by by-law 51-21.
4.2.
Notwithstanding the provisions of this By-law, any person may apply to Council
for an exemption to any provision of this By-law with respect to any noise to allow
such person to emit, cause or permit such noise for the period of time set out in
such application, and Council may grant such exemption, grant an alternative
exemption or refuse such exemption, and may set out conditions to be met as
Council sees fit for any exemption granted.
4.3.
Every person applying for an exemption under section 4.2 of this By-law shall, at
least 10 business days prior to the Council meeting at which the request for
exemption is to be addressed by Council, provide to the Clerk of the Township an
application in writing that shall contain:
4.3.1 The name, address, email and telephone number of the applicant;
4.3.2 A description of the source and location of sound in respect of which
exemption is sought;
4.3.3 A statement of the particular provision or provisions of this By-law from
which exemption is being sought;
4.3.4 The period of time, of a duration not in excess of six months, for which the
exemption is sought;
4.3.5 The reason why the exemption should be granted;
4.3.6 If applicable, a statement of the steps, if any, planned or presently being
taken to bring about compliance with the By-law;
4.3.7 Payment of the exemption-processing fee, if any, in the amount set by
Council and in effect at the time of such exemption request.
4.4.
In deciding whether to grant the exemption under section 4.2 of this By-law,
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 deems
appropriate.
4.5.
A breach of any of the terms or condition of an exemption granted by Council
under section 4.2 of this By-law that is emitted, caused, or permitted to be
emitted or caused by the applicant shall render the exemption null and void.
4.6.
Notwithstanding any other provision of this by-law, Sections 2 and 3 of this by-
law shall not apply where the source of sound is located within an Industrial Area
and if the sound is in accordance with the terms and conditions of a valid
Certificate of Approval, provisional Certificate of Approval or other approval
The Corporation of the Township of Zorra
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By-law No. 69-12
issued under the Environmental Protection Act, R.S.O. 1990, c. E.19, where such
approval addresses sound as a source of contamination.
5.
ENFORCEMENT
This By-law shall be enforced by the Township By-law Enforcement Officer.
6.
OFFENCE
Every person who contravenes this By-law is guilty of an offence.
7.
PENALTY
Every person who is convicted of an offence shall be liable to a penalty as set out in
Section 61 of the Provincial Offences Act, R.S.O. 1990, c. P.33, as amended, or any
successor thereof, with a minimum penalty of one hundred and twenty-five dollars
($125.00), for each day or part of a day on which an offence occurs and continues.
8.
SEVERABILITY
If any provision of this By-law is declared invalid or unenforceable by any competent
authority, such provision shall be deemed severed and shall not affect the validity or
enforceability of the remaining provision of this By-law.
9.
SCHEDULES
Schedule "A" and Schedule "B" attached hereto shall form part of this By-law.
10.
REPEAL
By-law 46-87, as amended, is now repealed in its entirety.
11.
SHORT TITLE
The short title of this By-law is "the Zorra Noise Control By-law, 2012".
12.
EFFECTIVE DATE
This By-law shall come into full force an effect upon third and final reading.
READ A FIRST AND SECOND TIME THIS 2nd day of October, 2012
READ A THIRD TIME AND FINALLY PASSED THIS 2nd day of October, 2012
MAYOR
CLERK
MARGARET LUPTON
KAREN GRAHAM
SCHEDULE "A"
TO BY-LAW NO. 69-12, as amended
NOISE CREATED FROM THE
FOLLOWING ACTIVITIES IS
PROHIBITED
PROHIBITED TIME OF DAY
PROHIBITED AREA
1. The operation of a radio television,
stereo or other electronic device
including any amplification device, or any
musical or other sound producing
instrument
At all times
Residential, Industrial,
Institutional,
Agricultural,
Commercial
2. Yelling, shouting or the like
11:00 p.m. to 7:00 a.m. (to 9:00
a.m. on Saturdays, Sundays and
holidays)
Residential
3. The operation of a car wash
11:00 p.m. to 7:00 a.m. (to 9:00
a.m. on Saturdays, Sundays and
holidays)
Residential, Industrial,
Commercial
4. The venting or release of steam, the
operation of a generator or air filtration
system, noise from grinding, milling, the
operation of machinery, or the like unless
the sound is in accordance with the
terms and conditions of a valid Certificate
of Approval, provisional Certificate of
Approval or other approval issued under
the Environmental Protection Act, R.S.O.
1990, c. E.19, where such approval
addresses sound as a source of
contamination.
9:00 p.m. to 7:00 a.m. ( to 9:00
a.m. on Saturdays, Sundays and
holidays)
Residential
11:00 p.m. to 7:00 a.m. (to 9:00
a.m. on Saturdays, Sundays and
holidays)
Industrial, Institutional,
Agricultural
5. The operation of waste collection
machinery or refuse compacting
equipment.
9:00 p.m. to 7:00 a.m. ( to 9:00
a.m. on Saturdays, Sundays and
holidays)
Residential
11:00 p.m. to 7:00 a.m. (to 9:00
a.m. on Saturdays, Sundays and
holidays)
Industrial, Institutional,
Commercial
6. Loading, unloading, packing, delivering
or otherwise handling any container,
product or material unless necessary for
the maintenance of essential services or
for the moving of private household
effects.
9:00 p.m. to 7:00 a.m. ( to 9:00
a.m. on Saturdays, Sundays and
holidays)
Residential
11:00 p.m. to 7:00 a.m. (to 9:00
a.m. on Saturdays, Sundays and
holidays)
Institutional
7. The operation of any tool including a
hammer, saw, nail gun, lawnmower,
staple gun, hedge trimmer, drill, or the
like.
Exemption: Shall not include a
snowblower.
9:00 p.m. to 7:00 a.m. ( to 9:00
a.m. on Saturdays, Sundays and
holidays)
Residential,
Commercial
8. The operation of a combustion engine for
a toy or a replica of a larger device such
as a remote controlled toy aeroplane.
9:00 p.m. to 9:00 a.m.
Residential
9. The misuse of a dirt bike, all-terrain
vehicle, snowmobile, go-cart, dune
buggy or like conveyance.
At all times.
Residential,
Agricultural
10. The operation of construction equipment.
7:00 p.m. to 7:00 a.m. (to 9:00
a.m. on Saturdays) and at all
times on Sundays and holidays.
Residential,
Commercial
11. The operation of gravel or sand pit, stone
quarry or stone crushing operation.
7:00 p.m. to 7:00 a.m. Monday to
Friday
7:00 p.m. Friday to 8:00 am on
Saturday
1:00 pm on Saturday until 7:00
a.m. on Monday
Any holiday
Industrial
Corporation of the Township of Zorra
Part I Provincial Offences Act
By-law No. 69-12, as amended: Zorra Noise Control By-law
Schedule "B"
Item
Short Form Wording
Provision Creating
or
Defining Offence
Set Fine
1.
Permitting a domesticated pet to make noises
disturbing others (i.e. dog barking).
2. (2.1)
$125.00
2.
Squealing of motor vehicle tires.
2. (2.2)
$125.00
3.
Use of a horn, whistle, alarm, bell, gong or similar
device - disturbing other persons.
2. (2.3)
$125.00
4.
The discharge of firearms.
2. (2.4)
$125.00
5.
Trap shooting exceeding 3 hours/week.
2. (2.4.5)
$125.00
6.
Idling of a vehicle motor in excess of 10 minutes and
creating noise.
2. (2.5)
$125.00
7.
Operation of an air conditioner, pool pump or filter,
heat pump or any similar device that is not in proper
working order that creates noise.
2. (2.6)
$125.00
8.
Operation of a combustion engine without an
effective exhaust muffling device in proper working
order that creates noise.
2. (2.7)
$125.00
9.
Operation of a vehicle radio, stereo, or any similar
device that creates noise.
2. (2.8)
$125.00
10.
Operation of a radio television, stereo or other
electronic device including any amplification device,
or any musical or other sound producing instrument
when prohibited.
S.3 Schedule A(1)
$125.00
11.
Yelling, shouting or the like when prohibited.
S.3 Schedule A(2)
$125.00
12.
Operation of a car wash when prohibited.
S.3 Schedule A(3)
$125.00
13.
Venting or release of steam, the operation of a
generator or air filtration system, noise from grinding,
milling, the operation of machinery, or the like when
prohibited.
S.3 Schedule A(4)
$125.00
14.
Operation of waste collection machinery or refuse
compacting equipment when prohibited.
S.3 Schedule A(5)
$125.00
15.
Loading, unloading, packing, delivering or otherwise
handling any container, product or material when
prohibited.
S.3 Schedule A(6)
$125.00
16.
Operation of any tool including a hammer, saw, nail
gun, lawnmower, staple gun, hedge trimmer, drill, or
the like when prohibited.
S.3 Schedule A(7)
$125.00
17.
Operation of a combustion engine for a toy or a
replica of a larger device when prohibited.
S.3 Schedule A(8)
$125.00
18.
Misuse of a dirt bike, all-terrain vehicle, snowmobile,
go-cart, dune buggy or like conveyance.
S.3 Schedule A(9)
$125.00
19.
Operation of construction equipment when
prohibited.
S.3 Schedule A(10)
$125.00
20.
Operation of gravel or sand pit, stone quarry or stone
crushing operation when prohibited.
S.3 Schedule A(11)
$125.00
Note: the general penalty provision for the offences listed above is section 7 of
bylaw no. 69-12, as amended by bylaw 72-12, certified copies of which have been
filed.