OFFICE CONSOLIDATION Noise Control By-law

Transcription

1 Noise Control By-law The following is an Office Consolidation as of July 20, 2016 that includes all amendments as per the table below By-law # Description Date Passed Original By-law September 2, Amendment Section 5 is amended Operation of an electronic device Schedules A to E are deleted Replaced with Schedule A December 17, 2013 Disclaimer: The following consolidation is an electronic reproduction made available for information only. It is not an official version of the Bylaw. The amendments are referenced by the amending by-law number following the amended sections. The format may be different, and plans, pictures, other graphics or text may be missing or altered. The Town of Bradford West Gwillimbury does not warrant the accuracy of this electronic version. This consolidation cannot be distributed or used for commercial purposes. It may be used for other purposes only if you repeat this disclaimer and the notice of copyright. Copies of Official versions of all By-laws can be obtained from the Town s Corporate Services Department by calling or admin@townofbwg.com Updated July 20, 2016

2 The Corporation of the Town of Bradford West Gwillimbury Noise Control By-law Being a By-Law of the Corporation of the Town of Bradford West Gwillimbury to prohibit and regulate noise in the Town of Bradford West Gwillimbury. AND WHEREAS paragraph 6 of Subsection 11(2) of the Municipal Act, 2001, S.O. 2006, c. 25, as amended, provides that a lower-tier municipality may pass by-laws respecting the health, safety and well-being of persons; AND WHEREAS clause 129(a) of the Municipal Act, 2001 provides that a local municipality may pass by-laws to prohibit and regulate noise and vibration, and other matters; AND WHEREAS clause 129 of the Municipal Act, 2001 provides that a local municipality may prohibit noise and vibration unless a permit is obtained from the municipality and may impose conditions for obtaining, continuing to hold and renewing the permit, including requiring the submission of plans; AND WHEREAS section 425 of the Municipal Act, 2001 provides that a municipality may create offences for the contravention of by-laws; AND WHEREAS section 429 of the Municipal Act, 2001 provides that a municipality may establish a system of fines for offences; AND WHEREAS Council deems it advisable to implement a by-law to reduce and control such noise and vibration; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF BRADFORD WEST GWILLIMBURY HEREBY ENACTS AS FOLLOWS: 1. ADMINISTRATION 1.1 The headings and subheadings used in this By-law shall be deemed to be inserted for convenience of reference. 2. DEFINITIONS / INTERPRETATION 2.1 For the purposes of this By-law the following terms shall have the corresponding meanings: (a) (c) (d) (e) (f) (g) By-law means this Noise Control By-law; Clerk means the Clerk of the Corporation of the Town of Bradford West Gwillimbury or his or her designate; "Construction equipment" includes a bulldozer, excavator, trencher, jack hammer, crane, loader, scraper, paver, compactor, roller, grader, concrete mixer and the like; "Council" means the Council of the Corporation of the Town of Bradford West Gwillimbury; Farmer means a person who is engaged in agrarian business by using land which includes the production or raising of crops, poultry, or livestock; Highway includes a common and public highway, street, avenue, parkway, driveway, square, place, bridge, viaduct or trestle, any part of which is intended for or used by the general public for the passage of the vehicle and includes the area between the lateral property line thereof; but does not include trails used or intended to be used for motorcycles, snowmobiles, and all-terrain vehicles; "Holiday" means any holiday set out as a holiday in the Retail Business Holidays Act, R.S.O. 1990, c. R.30, as amended; Updated July 20, 2016

3 Noise Control By-law Page 2 of 7 (h) (i) (j) (k) (l) (m) (n) (o) Motor vehicle shall mean and include an automobile, motorcycle, motor assisted bicycle unless otherwise indicated in the act, and any other vehicle propelled or driven otherwise than by muscular power, but does not include a street car, or other motor vehicles running only upon a rails, or a motorized snow vehicle, farm tractor, or road building machine with the meaning of the Highway Traffic Act, and yard maintenance equipment; "Noise" means sound that is of such a volume or nature that it is likely to disturb persons in the Town, and includes vibration; "Other area" means all of the area of the Town of set out in Schedules B and C of this By-law which is denoted by shading; "Person" includes a corporation, organization, association, partnership and the like; Point of reception means any point on the premises of a person, where noise or vibration originating from other than those premises is received; Premises: means a tract of land and includes the buildings and/or structures thereon. " area" means all of the area of the Town set out in Schedules B, C, D and E which is not shaded and shall include residential lots located outside of the Bradford Urban Area, not otherwise shown on the Schedules. "Town means the Corporation of the Town of Bradford West Gwillimbury. 3. GENERAL EXEMPTIONS 3.1 This By-law does not apply: (a) (c) (d) (e) (f) (g) (h) (i) during an emergency involving the health, safety or welfare of the public; where the Town, its servants, employees, contractors or agents are carrying out Town operations or operating, maintaining or installing municipally-owned infrastructure, facilities or the like, except for the detonation of explosives; to noise created by the activity of snow removal; to road or bicycle races, parades, circuses, entertainment activities in public parks or neighborhood social activities when such events are approved by Council and such activity or event is in compliance with the conditions set by Council in approving such activity or event; to sport or recreational activities or events in public or private parks, playground, schoolyard, or recreational centre where a permit has been issued by the Town authorizing such event and the event complies with all of the conditions of such permit; the lawful use and detonation of fireworks or similar explosive devices on the two Statutory holidays referred as Dominion Day or Canada Day (July 1) and Victoria Day (May) in accordance with the Town s Fireworks By-Law No , or any successor legislation thereto; to the use of implements of husbandry in the operation of agricultural or farm activity related to food crop seeding, chemical spraying, harvesting, or livestock operations carried on by a farmer including the use of sound bangers or other similar equipment or devices; singing and the use of musical instruments inside a building while it is lawfully being used as a church, community hall, public hall or school; to the operation of excavation equipment when used in a cemetery in conjunction with interment services, 3.2 Notwithstanding any other provision of this By-law, it shall be lawful between the hours of 09:00 hrs (9:00 a.m) and 23:00 hrs (11:00 p.m.) to emit, cause, or permit the emission of sound or vibration from any commercial use located within a commercial zone as

4 Noise Control By-law Page 3 of 7 defined by any applicable zoning by-law provided such noise is normally incidental to the activities lawfully undertaken in the commercial zone. 3.3 Notwithstanding any other provision of this By-law, it shall be lawful to emit, cause, or permit the emission of sound or vibration from any industrial use located within an industrial zone as defined by any applicable zoning by-law provided such noise or vibration is in compliance with a valid Certificate of Approval issued by the Ministry of Environment. 4. EXEMPTIONS BY COUNCIL 4.1 Despite 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 for Exemption. 4.2 Every person applying for an exemption shall, at least twenty (20) business days prior to the Council meeting at which the request for exemption is to be addressed by Council, provide to the Clerk: (a) a complete and accurate application form as provided by the Town setting out the particulars respecting the exemption requested; and payment of the exemption processing fee in the amount set by Council and in effect at the time of such exemption request. 4.3 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. Council may delegate to the Clerk the authority to grant exceptions, grant alternative exceptions or refuse such exceptions and set out conditions as outlined in the by-law. 4.4 Council may refuse to grant any exemption or may grant exemption applied for, or any exemption of lesser effect, and any exemption granted shall specify the time period, not in excess of six (6) months, during which it is effective and may contain such terms and conditions as Council considers necessary. 4.5 In deciding whether to grant the exemption, Council shall give the person applying for the exemption and any other person opposed to the application an opportunity to be heard and may consider such other matters as necessary. 4.6 The person applying for the exemption shall take all reasonable actions to notify all persons who may be affected by the granting of an exemption of the request of exemption. 4.7 Where an exemption is granted by Council, the breach of any of the terms or conditions of the exemption shall render the exemption null and void. 5. GENERAL PROHIBITIONS 5.1 No person shall, at any time, emit, cause or permit to be emitted or cause any noise, created by: (a) (c) (d) (e) the persistent barking, calling or whining of any domestic pet or any animal, except an animal used for and located on the property of an agriculture, livestock based use as set out in the Town's Zoning By-law; the use of a horn, whistle, alarm, bell, gong or the like, except for an auditory safety or warning device or chimes used in association with a religious establishment; the detonation of explosives; the operation of an air conditioner, pool pump or filter, heat pump or the like that is not in proper working order; the idling of a vehicle motor in excess of 30 minutes, except:

5 Noise Control By-law Page 4 of 7 (i) (ii) (iii) when such idling is recommended by the manufacturer of such vehicle and proof of such recommendation is provided by the vehicle operator upon the request of a police officer; 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 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; (f) (g) (h) (i) the operation of a combustion engine or pneumatic device without an effective exhaust or intake muffling device in proper working order and in constant operation; the operation of a vehicle radio, stereo, sound system or the like; the operation of a motor vehicle in such in way that tires squeal. 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. (Added by By-law ) 6. PROHIBITIONS BY TIME AND PLACE 6.1 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. 7. CONFLICTING LEGISLATION 7.1 Where there is any conflict between the provisions of this By-law and any of the provisions of the Municipal Act, 2001, the provisions of the Municipal Act, 2001 shall prevail to the extent of the conflict. 8. VALIDITY AND SEVERABILITY 8.1 If any section, subsection, clause, paragraph or provision of this By-law or parts thereof are declared by a court of competent jurisdiction to be invalid, unenforceable, illegal or beyond the powers of Council to enact, such section, subsection, clause or paragraphs or parts thereof shall be deemed to be severable and shall not effect the validity or enforceability of any other provisions of the By-law as a whole or part thereof and all other sections of the By-law shall be deemed to be separate and independent there from and enacted as such. 8.2 Whenever any reference is made in this By-law to a statute or regulation of the Province of Ontario, such reference shall be deemed to include all subsequent amendments to such statute or regulation and all successor legislation to such legislation. 8.3 Words importing the singular number shall include the plural, and words importing the masculine gender shall include the feminine, and the converse of the foregoing also applies, unless the context of the by-law otherwise requires. 9. SCHEDULES 9.1 The following schedules in this By-law shall form an integral part of this By-law: (a) Schedule "A", Prohibited Noises; (Amended by By-law ) Schedule "B", Map of Town of Bradford West Gwillimbury; (Deleted by By-law ) (c) Schedule C, Map of Bradford Urban Boundary; (Deleted by By-law )

6 Noise Control By-law Page 5 of 7 (d) Schedule D, Map of Bond Head; (Deleted by By-law ) (e) Schedule E, Map of Newton Robinson; (Deleted by By-law ) (f) Schedule F, Application for Exemption. 9.2 Each entry in a column of a schedule shall be read in conjunction with the entries across from that entry and not otherwise. 10. ENFORCEMENT 10.1 This By-law shall be enforced by a peace officer or police cadet of the South Simcoe Police Services or any peace officer of any police service having jurisdiction in the Town, a municipal law enforcement officer of the Town or any other officer appointed for the purposes of enforcing this By-law If compliance herewith would be impractical, the provisions of the By-law shall not apply to ambulance, police and fire department vehicles and any vehicles while actually engaged in works undertaken for on behalf of the Town, the federal or provincial government or any public utility. 11. OFFENCE 11.1 Every person who contravenes any provision of this By-law is guilty of an offence Any contravention of this By-law constitutes a continuing offence for each day or part of the day that the contravention continues and shall constitute a separate offence under this By-law 12. PENALTY 12.1 Every person who contravenes any of the provisions of the By-law in addition to any other penalty at law is liable upon conviction to a penalty not exceeding $100, exclusive of costs For each day or part of a day that a contravention under this By-law continues, every person who is in contravention of the By-law is liable upon conviction to a minimum fine of $ and a maximum fine of $10, The conviction of a person for any breach of any provisions of this By-law shall not operate as a bar to a prosecution against the same person upon any continued or subsequent breach of any provision and a court may convict any person repeatedly for continued or subsequent breaches of the By-law and the provisions of the Municipal Act, 2001, shall further apply to any continued or repeated breach of this By-law. 13. SHORT TITLE 13.1 This By-law shall be cited as the NOISE CONTROL BY-LAW. 14. REPEAL & RESCIND 14.1 By-Law No is hereby repealed in its entirety. 15. FORCE AND EFFECT 15.1 This By-law shall take effect and become in full force and effect upon the day of third reading and passage thereof. Original copy signed Patricia Nash, Clerk Original copy signed Doug White, Mayor

7 Noise Control By-law Page 6 of 7 SCHEDULE A TO BY-LAW NO NOISE CONTROL BY-LAW "NOISE" CREATED FROM THE FOLLOWING PROHIBITED TIME OF DAY ACTIVITIES IS PROHIBITED Yelling, shouting or the like. 11:00 p.m. to 7:00 a.m. (to 9:00 The operation of a car wash. 9:00 p.m. to 7:00 a.m. (to 9:00 The venting or release of steam, the operation of a 9:00 p.m. to 7:00 a.m. (to 9:00 generator or air filtration system, noise from grinding, milling, the operation of machinery, or the like. 11:00 p.m. to 7:00 a.m. (to 9:00 The operation of waste collection machinery or refuse compacting equipment. Loading, unloading, packing, unpacking, 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. The operation of any tool including a hammer, saw, nail gun, lawnmower, staple gun, hedge trimmer, drill, or the like. 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 7:00 a.m. (to 9:00 11:00 p.m. to 7:00 a.m. (to 9:00 9:00 p.m. to 7:00 a.m. (to 9:00 11:00 p.m. to 7:00 a.m. (to 9:00 9:00 p.m. to 7:00 a.m. (to 9:00 PROHIBITED AREA and Other and Other Other Other Other 9:00 p.m. to 9:00 a.m. The operation of a dirt bike, all-terrain cycle, snowmobile, go-cart, dune buggy or like conveyance. 9:00 p.m. to 7:00 a.m. (to 9:00 a.m. on Saturdays) and at all times on Sundays and holidays 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

8 Noise Control By-law Page 7 of 7 1. Preamble SCHEDULE F TO BY-LAW NO NOISE CONTROL BY-LAW Town of Bradford West Gwillimbury 100 Dissette Street, Unit 7 & 8, P.O. Box 100 Bradford, Ontario, Canada L3Z 2A7 Phone: Fax: NOISE CONTROL BY-LAW EXEMPTION APPLICATION The undersigned (the applicant ) hereby requests the Council of the Town of Bradford West Gwillimbury to consider this application for an exemption from provisions contained in the Town of Bradford West Gwillimbury Noise Control By-law The applicant certifies the information contained herein, on which this application is based, to be true and the owner is aware of this exemption request. 2. Applicant/Property Owner (a) Applicant/Agent: Address: Phone: Owner(s) Name: Address: Phone: Postal Code: Fax: Postal Code: Fax: 3. Address of Event: 4. Description of noise anticipated and the source(s) of the noise: 5. Time of day noise anticipated: 6. Date(s) for which an exemption is being sought: 7. Explain why existing by-law provisions cannot be complied with: 8. Have you reviewed the Information on Noise Control By-law Exemption Requests? Yes No 9 Signature of applicant or agent Date NOTE: a) Please attach further information if required. b) Applications must be received a minimum of 20 business days prior to the Town Council meeting at which the exemption request is to be addressed.