HomeMy Public PortalAbout22-049 - Noise By-lawTHE CORPORATION OF THE TOWNSHIP OF LEEDS AND THE
THOUSAND ISLANDS
BY-LAW NO. 22-049
BEING A BY-LAW TO CONTROL NOISE.
WHEREAS Section 128 of the Municipal Act, 2001, S.O. 2001, c.25,
provides that a municipality may prohibit and regulate with respect to
public nuisances that are or cause public nuisances;
AND WHEREAS Section 129 of the Municipal Act, 2001, S.O. 2001 c.25,
provides that a municipality may prohibit and regulate with respect to
noise, vibration, odour, dust and outdoor illumination;
AND WHEREAS the Council of the Corporation of the Township of Leeds
and Thousand Islands deems it expedient to regulate noise;
NOW THEREFORE the Council of the Corporation of the Township of
Leeds and Thousand Islands hereby enacts as follows:
1. SHORT TITLE
This by-law shall be referred to as the "Noise By-law".
2. DEFINITIONS
In this by-law,
Construction includes erecting, altering, repairing, maintaining, painting,
dismantling or demolishing any building or structure, and moving, land
clearing, grubbing, tree removal, earth moving, grading, excavating,
operating any construction equipment, blasting and detonation of
explosive devices other than fireworks, 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 associated or related work;
Construction Equipment means any equipment or device designed and
intended for use in construction, or material handling, including but not
limited to, air compressors, pile drivers, pneurnatic or hydraulic tools,
bulldozers, tractors, excavators, trenchers, cranes, derricks, loaders,
scrapers, pavers, generators, off highway haulers, trucks, ditchers,
compactors and rollers, pumps, concrete mixers, or graders;
Council means the Council of the Corporation of the Township of Leeds
and the Thousand Islands;
Emergency means a situation or an impending situation, often
dangerous, caused by the forces of nature, an accident, an intentional act
or otherwise which arises sudden and calls for prompt action;
Emergency Vehicle includes a land ambulance, an air ambulance, a fire
department vehicle, a police vehicle, and any motor vehicle being used to
respond to an emergency;
Firearms shall include any type of firearm and other weapon as defined
under the Firearms Act, Part III of the Criminal Code and the related
regulations;
Highways includes a common and public highway, street, avenue,
parkway, driveway, bridge, viaduct or trestle designed and intended for,
or used by, the general public for the passage of vehicles and includes
the untraveled portion of the highway;
Holiday means a day that is declared a public holiday as defined in the
Retail Business Holiday Act, R.S.O. 1990, c. R.30;
Motor Vehicle includes a vehicle or other device employed to transport a
person or goods from place to place propelled or driven by any means
other than muscular power, including but not limited to an automobile,
bus, truck, motorcycle, motor assisted bicycle or trailer but does not
include a motorized snow vehicle, traction engine, farm tractor, other farm
vehicle or road building machine;
Municipality means land within the geographic limit of the Township of
Leeds and the Thousand Islands;
Municipal Service Vehicle means a vehicle operated by or on behalf of
Leeds and the Thousand Islands while the vehicle is being used for the
construction, repair or maintenance of a highway, including the clearing
and removal of snow, the construction, repair or maintenance of a utility,
the collection or transportation of waste, or other 'municipal purpose;
Noise means sound that is likely to disturb any person, or that is likely to
interfere with the reasonable use and enjoyment of a premise or
residence;
Person includes a corporation as well as an individual;
Premises means a piece of land and any buildings and structure on it,
and includes a place of business, road, and any other location or place;
Provincial Offences Officer means an individual appointed by by-law or
other agencies designated by Council who are responsible for the
administration of this by-law;
Residence means a room, suite of rooms, or dwelling, including a mobile
trailer, operated as a housekeeping unit that is used or intended to be
used as a separate domicile by one or more persons, and that normally
contains cooking, eating, living, sleeping and sanitary facilities;
Township means the Corporation of the Township of Leeds and the
Thousand Islands.
Term not defined — meaning any word or term not defined in this bylaw
shall have the meaning ascribed to it in the Act or the Building Code; if
the word is not in the Act or Building Code it shall mean as defined in the
Webster's Dictionary.
3. GENERAL PROHIBITIONS
No person shall, at any time, make, cause or permit the making of noise
within the Municipality, which is audible to:
a) A person in a premises or a vehicle other than the premises or
vehicle from which the noise is originating; or
b) A person in a residence other than the residence from which the
noise is originating; or
c) Is an activity in Schedule 1 of this By-law.
4. PROHIBITIONS BY TIME AND PLACE
No person shall emit, cause or permit the making of noise by engaging in
an activity or cause and permit an activity listed in column one of
Schedule 2 to this by-law to occur:
a) During the hours specified in column two in a designated area; or
b) During the hours specified in column three in other areas.
5. EXEMPTIONS FOR PUBLIC SAFETY
The prohibitions described in Section 2 and 3 do not apply if the noise is
the result of measures undertaken in an emergency for the:
a) Immediate health, safety or welfare of the inhabitants of the
Municipality or other persons: or
b) Preservation or restoration of property; unless the noise is of longer
duration or of a more disturbing nature than is reasonably necessary to
deal with the emergency.
6. ADMINISTRATION
6.1 The Clerk or their designate, is responsible for the administration of
this by-law.
6.2The Director of Planning and Development or designate shall
establish any practices, policies and procedures necessary to implement
the By-law.
6.3The Director of Planning and Development or designate shall
prescribe all forms and notices, including the Penalty Notice, necessary to
implement the By-law and may amend such forms and notices from time
to time as necessary.
6.4The Director of Planning and Development or designate may cancel
an Administrative Monetary Penalty, including any administrative fee,
where the Penalty Notice was issued to a Person due to an error made by
the Township.
6.5The Director of Planning and Development or designate may cancel
any administrative fee, without cancelling the Administrative Monetary
Penalty, where the fee was imposed as the result of an error made by the
Township.
6.6A11 Provincial Offences Officers with authority to enforce the by-laws of
the Township are responsible for enforcing the provisions of this by-law.
6.7Any person may apply to the Clerk requesting an exemption from any
of the prohibitions described in Sections 2 and 3 and Council hereby
delegates to the Clerk or his/her designate, the authority to process any
such application and to approve, reject or approve with conditions an
exemption.
6.8 Grant of Exemption
Upon receipt of a written application for Grant of Exemption to the by-law,
the Clerk may refuse to grant any exemption or may grant the exemption
applied for. Any exemption granted shall specify the time -period not more
than six months during which it is effective and may contain such terms
and conditions as the Clerk determines to be appropriate.
6.9 The Clerk shall consider all applications for exemption and shall
only grant an exemption, or an exemption with conditions, where:
a) The request is necessary and in public interest;
b) The proposed mitigation measures are appropriate;
c) The duration of the request exemption is reasonable.
6.10 Information required to support Request for Exemption
A request for exemption to the noise by-law 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;
c) A statement of the particular provision or provisions of the by-
law from which the exemption is sought;
d) The period of time, of a duration not more than six months, for
which the exemption is sought;
e) The reasons why the exemption should be granted; and
f) A statement of the steps, if any, planned or presently being
taken to bring about compliance with the by-law.
7. EXEMPTION -NORMAL FARM PRACTICES
This by-law shall not apply to a person who emits or causes or permits
the emission of noise in connection with normal farming practices within
the meaning of the Farming and Food Production Protection Act, 1998,
S.O. 1998, c.1 as amended, and the Livestock, Poultry and Honey Bee
Act, R.S.O. 1990, c.L.24, as amended.
8. VALIDITY
If a court of competent jurisdiction declares any provision, or part of a
provision, of this by-law to be invalid, or to be of no force and effect, it is
the intention of Council in enacting this by-law that each and every
provision of this by-law authorized by law be applied and enforced in
accordance with its terms to the extent possible according to law.
9. PENALTY
i. Every person who contravenes any provision of this Bylaw is guilty
of an offence and on conviction is liable to a fine as provided for in
the Provincial Offences Act R.S.O. 1990, c. P33 and to any other
applicable penalties.
ii. Every Person who contravenes any provision of this By-law is
liable to the fines and administrative fees set out under the
Administrative Monetary Penalty By-law.
iii. Every Person who is in contravention of the provisions of this
By-law may request a review of the matter in accordance with the
Administrative Monetary Penalty By-law.
10. SCHEDULES
Schedules '1', '2', and '3' are attached to and form part of this by-law.
11. EFFECT
This by-law shall come into force and take effect upon approval of set
fines by the Ministry of the Attorney General.
12. REPEAL OF PREVIOUS BY-LAW
By-law 17-021, Being a by-law to Control Noise is repealed.
READ A FIRST AND SECOND TIME THIS 11th DAY OF JULY, 2022.
READ A THIRD TIME AND FINALLY PASSED THIS 11th DAY OF JULY,
2022.
The Corporation of the Township of Leeds and the Thousand Islands
Corinna Smith-Gatcke, Mayor
-67 A1110-111,
Megan Shannon, Clerk
•
SCHEDULE 1 TO BY-LA\,V 22-049
GENERAL PROHIBITIONS
1.Racing of any motorized vehicle other than in a racing event regulated
by law.
2.The operation of a motorized vehicle in such a way that the tires
squeal.
3.The operation of any combustion engine or pneumatic device without
an effective exhaust muffling device that is in good working order and in
constant operation.
4.The operation of an engine or motor in, or on, any vehicle or item of
attached auxiliary equipment for a continuous period exceeding five
minutes while such vehicle is stationary in a designated area, unless;
a)The vehicle is in an enclosed structure constructed so as to effectively
prevent the emission of noise;
b)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
c)Continuous operation of the 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 platform or refuse compactors and
heat exchange systems during normal operation; or
d)Weather conditions justify the use of heating or refrigeration systems
powered by the motor or engine for the safety and welfare of the operator,
passengers, animals, or the preservation of perishable cargo, and the
vehicles is stationary for purposes of delivery or loading; or
e)Prevailing low temperatures make longer idling periods necessary
immediately after starting the motor or engine; or
f)The idling is for the purpose of cleaning and flushing radiator and
associated circulation system for seasonal change of antifreeze, cleaning
of the fuel system, carburetor or similar work, when such work is
performed other than for profit.
5.The operation of any item of construction equipment in a designated
area without an effective muffling device in good working order and in
constant operation.
6.The operation of an air conditioner, pool pump or filter, heat pump,
ventilation or exhaust fan or similar equipment that is not in proper
working order.
SCHEUDLE 2 TO BY-LAW 22-049
PROHIBITIONS BY TIME AND PLACE
ACT PROHIBITED PERIOD OF TIME
1.The operation of any auditory
signalling device, including but not
limited to the ringing of bells or
gongs or the blowing of horns or
sirens or whistles, or the 24 hours
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.
2.The operation of any electronic I
device or group of connected
electronic devices incorporating one
or more loud speakers or other 24 hours
electro-mechanical transducers,
and intended for the production or
reproduction or amplification of Isound.
3.All selling or advertising by shouting I 24 hours or outcry or amplified sound.I
4.The operation of any equipment in
connection with construction 8 pm - 7 am daily and 24 hours
including detonation of explosive On Sunday and Holidays.
devices.I
5.The operation of any motor vehicle I other than on a highway or other I 11 pm - 7 am
place intended for its operation.
6.Persistent (20 min or more) barking,
calling, whining or other similar
persistent noise making by any 24 hours domestic pet or any other animals
kept or used for any purpose other
than agriculture.I 7.The operation of any powered or
non-powered tool for domestic 9 pm - 7 am daily and 9 pm
purposed other than snow removal.
I
SCHEDULE 3 TO BY-LAW 22-049
EXEMPTIONS TO THE NOISE BY-LAW PROHIBITIONS
The following sources or activities are considered by Council to be
exempt from the provisions of this by-law:
1.Any parade, procession or events for ceremonial, religious or
traditional purposes that have been authorized by Council.
2.The use of bells or chimes normally associated with church activities.
3.Any midway, circus or fair when authorized by council.
4.Any supervised activity, authorized by Council
The Lansdowne Fair, Turkey Fair, Frost Fest, Rockport Winter Carnival
and Rockport Rocks for Sail.
5.Fireworks displays on holidays
Victoria Day
Canada Day
Civic Holiday
Labour Day
6.Any sporting, recreational or entertainment event in public parks or
buildings between 8 AM and 11 PM.
7.The operation of emergency vehicles.
8.The operation of municipal service vehicles and related equipment.
9.Agricultural activities on agricultural properties.
10.This by-law shall not apply to a Provincial Offences Officer carrying
out normal duties.