Noise

CORPORATION OF THE TOWNSHIP OF MCKELLAR

BY-LAW NO. 88-14

as amended by By-law 2004-16

WHEREAS it is expedient to exercise the power conferred upon the Council by the Environment Protection Act, R.S.O. 1980, as amended, and other statutory authority; and,

WHEREAS a recognized body of scientific and technological knowledge exists by which sound and vibration may be substantially reduced; and,

WHEREAS the people have a right to and should be ensured an environment free from unusual, unnecessary, or excessive sound or vibration which may degrade the quality and tranquillity 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 THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF McKELLAR ENACTS AS FOLLOWS:

1. Interpretation

(1) In this by-law,

(a) Construction

"construction" includes erection, alteration, repair, dismantling, demolition, structural maintenance, painting, moving, land clearing, earth moving, grading, excavation, 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 form any purpose, and includes any work in connection therewith;

(b) Construction Equipment

"construction equipment" means any equipment or device designed and intended for use is 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;

"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;

(d) Council

"council" shall mean the Council of the Corporation of the Township of McKellar;

(e) Highway

"highway" includes a common and public highway, street, avenue, parkway, driveway, square, bridge, viaduct or trestle designed and intended for, or used by, the general public for the passage of vehicles;

(f) Minister

"Minister" means Minister of the Environment;

(g) Ministry

"Ministry" means the Ministry of the Environment;

(h) Motor Vehicle

"motor vehicle" includes an automobile, motorcycle, and any other vehicle propelled or driven otherwise than by muscle power; but does not include the cars of electric or steam railways, or other motor vehicles 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;

(i) Motorized Conveyance

"motorized conveyance" means a conveyance propelled or driven otherwise than by muscle, gravitational or wind power;

(j) Municipality

"municipality" means the land within the geographic limit of the Township of McKellar;

(k) Noise

"noise" means unwanted sound;

(l) Point of Reception

"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

"Residential Area" means any area designated as residential in Zoning By-Laws of the Corporation of the Township of McKellar.

2. General Prohibitions

No person shall emit or cause or permit the emission of sound resulting from an act listed in Schedule 1 - General Prohibitions, and which sound is clearly audible at a point of reception.

3. Prohibitions by Time and Place

No persons shall emit or cause or permit the emission of a sound resulting from any act listed in Schedule 2 - Prohibitions by Time and Place, if clearly audible at a point of reception located in an area of the Municipality specified in Schedule 2 within a prohibited time shown for each area.

4. Exemption

Public Safety

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 emergency measures undertaken.

(a) For the immediate heath, safety or welfare of 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.

5. Grant of Exemption 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 months, during which it is effective and may contain such terms and conditions as Council sees fit.

(2) Details of Application for Exemption

The Application mentioned in sub-section (1) shall be made in writing, in duplicate, and shall contain:

(a) the name and address of the applicant;

(b) a description of the source of sound or vibration in respect of which exemption is sought;

(d) the period of time, of a duration not in excess of six months, for which the exemption is sought;

(e) the reasons why the exemption should be granted;

(f) a statement of the steps, if any, planned or presently being taken to bring about compliance with the By-law; and

(g) proof of publication within the preceding ten days, in a newspaper of general circulation within the Municipality, of a notice of intention to apply for an exemption to this By-law, containing the information required by clauses (a) though (e) hereof, and further stating the date upon which it is intended that application will be made to Council.

(3) By-law Enforcement Officer

A copy of the application for exemption shall be delivered to the By-law Enforcement Officer who shall prepare a report to Council, which report shall contain the Officer's opinion on the merits of the application and recommendations as to terms and conditions, if any.

(4) Decision

In deciding whether to grant the exemption, Council shall consider the application, the report of the By-law Enforcement Officer and any written submission then received by Council and shall give the applicant and any person in support of or opposed to the application an opportunity to be heard and may consider such other matters as it sees fit.

(5) Breach

A breach by the applicant of any of the terms and conditions imposed by Council in granting an exemption shall immediately render the exemption null and void."

6. 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.

7. Penalty

Every person who contravenes any of the provisions of this by-law is guilty of an offense and shall, upon conviction thereof, forfeit and pay a penalty of not more than $2,000.00 for a first offence and not less that $100.00 and not more than $2,000.00 for a second or subsequent offence, exclusive of costs and every such fine is recoverable under The Provincial Offences Act.

8. By-law No. 88-7 is hereby repealed.

READ a FIRST and SECOND this 18th day of July, 1988.

____________________________ ______________________________

Reeve Gerald Bell Clerk Shawn Boggs

READ a THIRD time, PASSED, SIGNED and SEALED this 18th day of July, 1988.

________________________________

Gerald Bell

________________________________

Shawn Boggs

SCHEDULE 1

General Prohibitions

Racing of any motorized conveyance other than in a racing event regulated by law.

The operation of a motor vehicle in such a way that the tires squeal.

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.

The operation of a vehicle or a vehicle with a trailer resulting in banging, clanking, squealing or other like sounds due to improperly secured load or equipment, or inadequate maintenance.

The operation of a motor vehicle horn or other warning device except where required or authorized by law or in accordance with good safety practices.

The operation of any item of construction equipment in a Residential Area without effective muffling devices in good working order and in constant operation.

SCHEDULE 2

Prohibitions by Time and Place

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.

The discharge of firearms.

The operation of a combustion engine which,

(a) is, or

(b) is used in, or

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.

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.

The operation of any motorized conveyance other than on a highway or other place intended for its operation.

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.

Yelling, shouting, hooting, whistling or singing

The operation of a power assisted hang glider or parafoil

All selling or advertising by shouting or outcry or amplified sound.

The operation or use of any tool for domestic purposes other than snow removal.

D & E

At all times

D & E

Prohibited Periods of Time:

A - 23:00 hours one day to 07:00 next day (09:00 Sundays).

B - 19:00 hours one day to 07:00 next day (09:00 Sundays).

C - 17:00 hours one day to 07:00 next day (09:00 Sundays).

D - All Sundays and Statutory Holidays.

E - 19:00 hours one day to 07:00 next day

Township of McKellar Municipal Office
PO Box 69, 701 Highway 124
McKellar, Ontario P0G 1C0
Phone: (705) 389-2842 Fax: (705) 389-1244
Hours: Monday - Friday 8:30am - 4:30pm

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