Noise By-Law

This is a transcription of By-law 21-2005 for convenience only and should not be treated as a true copy. To request a copy of the signed version of the by-law, please contact the municipal office. Where a discrepancy exists between this transcription and the official copy, the official copy will prevail.

By-Law No. 21-2005 Being a by-law to provide for the prohibition of certain noises

Whereas the Municipal Act, 2001 S.O., C.25, S.129(1), provides that a municipality may pass by-laws for prohibiting noises;

And Whereas the Council of the Municipality of Bluewater deems it necessary to regulate or prohibit unusual noises, or noises likely to disturb the inhabitants of the Municipality;

Now therefore the Council of the Corporation of the Municipality of Bluewater enacts as follows:

1. Definitions

"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; 

"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, pneumatic or hydraulic tools, bulldozers, tractors, excavators, trenchers, cranes, derricks, loaders, scraper, pavers, generators, off-highway haulers or trucks, ditchers, compactors and rollers, pumps, concrete mixers, graders, or other material handling equipment;

"Council" means the Council of The Corporation of the Municipality of Bluewater;

"Highways" 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;

"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 stream railways, or other Motor Vehicle 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; 

"Municipality" means the land within the geographic limit of the Corporation of the Municipality of Bluewater;

"Noise" means unwanted sound.

"Residential Area" means recreational and private dwellings in the following zones: RC1, RC2, RC3, RR1, VR1, VR2, R1, R2, R3 and R4.

2. General Prohibitions

2.1 Likely to Disturb—Unusual—Prohibited

No person shall cause or permit to be caused any unusual noises, or noises likely to disturb the inhabitants.

2.2 Likely to Disturb—Unusual—Set Out

For the purpose of Section 2 of this by-law, noises or sounds deemed to constitute unusual noises or noises likely to disturb the inhabitants shall include, but are not limited to, those set out in sections 2.3 to 2.12 of this by-law.

2.3 Horn—Siren—Bell—Restricted

The sounding of a bell, horn, siren, or signal device for an unnecessary or unreasonable period of time is restricted.

2.4 Radio—Loud Speaker—Other

Unless specific permission is granted by the Municipality, the sound or noise from or created by any radio, phonograph, public address system, sound equipment, loud speaker, or similar device or devices, or any musical or sound producing instrument or whatever kind, when such device or instrument is played or operated in such a manner or with such volume: 

1. as to likely annoy or disturb the peace, quiet, comfort of response of any individual in any type of residence; or
2. in the case of a device or instrument located in any commercial building or structure, as to be plainly audible upon the public streets at a distance of 8 metres (25 feet) from the building or structure in which such device or instrument is located:

is prohibited.

2.5 Construction—Excavation

Any noise arising between the hour of 8:00 o'clock p.m. of any day and 7:00 o'clock a.m. of the next following day from any excavation or construction work whatsoever, including the erection, demolition, alteration or repair of any building, and/or use of construction equipment, is prohibited, except in case of urgent necessity and then under a special permit from the Building Inspector.

2.6 Loud Speaker—Horn—Other—Restricted

The noise or sound created by the use or operation of any drum, horn, bell, radio or mechanical loudspeaker, or other instrument or device or sound-producing, or sound transmitting instrument or apparatus for the purpose of advertising or for attracting attention to any performance, show or sale or display of goods, wares or merchandise or which projects noise or sound into any street or other public place is prohibited, unless the Municipality has granted specific approval for same.

2.7 Loud speaker—Other—In Vehicle—Use—Restricted

The noise or sound created by the use or operation of any radio or mechanical loudspeaker or amplifier or other instrument or device or sound-producing, sound-reproducing, or sound transmitting instrument or apparatus in or upon any vehicle is prohibited, unless the Municipality has granted specific approval for same.

2.8 Firearms—Discharge—Exception

The noise or sound caused by the discharge of any gun or other firearms, air gun and spring-gun or any class or type thereof is prohibited in the urban areas of the Municipality. This prohibition shall not apply to peace officers in the performance of their duties.

2.9 Shouting—Verbal Sounds

The noise or sound caused by loud shouting, or excessive sounds generated by a human voice, which is likely to disturb the peace, quiet, comfort or repose of any individual in any type of residence is prohibited.

2.10 Animal—Disturbing Peace

Any noise or sound made by an animal or bird which is likely to disturb the peace, quiet or comfort of the inhabitants is prohibited.

2.11 Vehicle

The grating, grinding or rattling noises or sound caused by condition of disrepair or maladjustment of any motor vehicle, motorcycle or other vehicle, or part or accessory thereof is prohibited.

2.12 Power Equipment—Use—Time Restrictions

Between the hours of 9:00 p.m. of any day and 7:00 a.m. of the next following day the noise or sound created by the use or operation of a lawnmower, chainsaw or any other noise generating tool or device is prohibited.

3. Prohibitions by Time and Place—residential

No person shall emit or cause or permit the emission of sound resulting from any act listed in Schedule A attached to this By-law during the prohibited times in all residential areas of the Municipality.

4. Exemptions

4.1 Industrial Exemption

Notwithstanding any other provision of the By-law, this By-law does not apply to a person or industry that emits or causes or permits the emission of sound or vibration in connection with an established industrial function.

4.2 Agriculture Exemption

Notwithstanding any other provision of this By-law, this By-law does not apply to a person or agricultural procedure that emits or causes or permits the emission of sound or vibration in connection with an established agricultural function.

4.3 Commercial Exemption

Notwithstanding any other provision of this By-law, this By-law does not apply to a commercial procedure that emits or causes or permits the emission of sound or vibration in connection with an established commercial operation.

4.4 Public Celebration—Election—Gathering

None of the provisions of this by-law shall apply to the use in a reasonable manner of any apparatus or mechanism for the amplification of the human voice or of music in a public park or any other commodious space in connection with any public election meeting, public celebration or other lawful gathering, provided written permission of the Municipality has first been obtained.

4.5 Parade—Band

None of the provisions of this by-law shall apply to any military or other band or to a parade operating under written permission from the Municipality.

4.6 Emergency Vehicle—Police—Fire—On Duty

None of the provisions of this by-law shall apply to any vehicle of the police or fire department of the Municipality of Bluewater or any ambulance or any public service or emergency vehicle while answering a call or carrying out their duties.

4.7 Fairs

The operation of a combustion engine in conjunction to the reasonable use of any amusement ride at a Fair or Event approved by the Municipality.

4.8 Commercial Establishments—Licensed Premises

Licensed premises for the sale of alcoholic beverages will be governed by the permitted hours of sale in the terms of their license and business permits.

5. Grant of Exemption by Council

5.1 Council may grant exemption

Council may by resolution, upon receipt of written application, grant an exemption to provisions of the by-law for a specified period of time, not to exceed 6 months, subject to such terms and conditions as deemed advisable.

5.2 Form of Application

The application shall include:

1. the name and address of the applicant
2. a description of the source of the sound in respect of which an exemption is being sought;
3. a statement of the section of the by-law from which exemption is sought;
4. the period of time for which the exemption is being sought;
5. the reasons why an exemption is being sought;

5.3 Exemption Application to be Published

Such application shall be accompanied by proof of publication, within the preceding ten days, in a newspaper of general circulation within the applicable service area of the Municipality of Bluewater, of a notice of intention to apply for an exemption to this by-law, containing the information required by Clauses (i) through (v) hereof, and stating the date upon which the application to Council is intended to be made.

5.4 Municipal Law Enforcement Officer

A copy of the application shall be provided to the Municipal Law Enforcement Officer who will conduct a site inspection and prepare a report to Council which also includes details of any complaint history or corrective measures taken to date.

5.5 Procedure

In deciding whether to grant the exemption, Council will review the application, the report, any written submissions and grant the applicant and any person opposed to the application an opportunity to speak in accordance with Council's Procedural By-law.

5.6 Breach of Provisions of Exemption

Where an exemption is granted, any breach of the terms or conditions renders the exemption null and void.

6. Enforcement

6.1 Offence

Every person who contravenes a section of this By-law is, upon conviction, guilty of an offence and subject to a penalty as provided under the "Provincial Offences Act".

6.2 Continuation—new offence

Each new day of a continuing offence will be considered a new offence.

6.3 Continuation—repetition—prohibited—by order

The Court in which the conviction has been entered and any court of competent jurisdiction thereafter, may make an order prohibiting the continuation or repetition of the offence by the person convicted, and such order shall be in addition to any other penalty imposed on the person convicted.

7. Severability

It is declared that notwithstanding that any section or sections of this by-law, or parts thereof, may be found by any court of law to be bad or illegal or beyond the power of the Council to enact, such section or sections or parts thereof shall be deemed to severable and that all other sections or parts of this by-law are separate and independent from each other and enacted as such.

8. Conflict

In the event of a conflict between the provisions of this By-law and the Highway Traffic Act, the Highway Traffic Act will prevail.

9. Force and Effect

This By-law shall come into force and effect on passing.

Read a first and second time this 11th day of April, 2005.

Read a third time and finally passed this 11th day of April, 2005.

Schedule A

Prohibitions by Time and Place (Section 3)