A BY-LAW TO PROHIBIT AND REGULATE NOISES LIKELY TO DISTURB THE INHABITANTS OF THE TOWN OF LINCOLN

Transcription

1 THE CORPORATION OF THE TOWN OF LINCOLN BY-LAW NO A BY-LAW TO PROHIBIT AND REGULATE NOISES LIKELY TO DISTURB THE INHABITANTS OF THE TOWN OF LINCOLN WHEREAS Section 129 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, authorizes municipalities to pass by-laws to prohibit and regulate noise in the municipality; AND WHEREAS it is in the public interest to reduce the level of noise in the Town of Lincoln so as to preserve, protect and promote the public health, safety, welfare and the peace and quiet of the inhabitants of the Town; NOW THEREFORE, THE COUNCIL OF THE CORPORATION OF THE TOWN OF LINCOLN HEREBY ENACTS AS FOLLOWS: SHORT TITLE 1. This By-law may be referred to as the "Noise Control By-law", INTERPRETATION 2. For the purposes of this By-law, the following terms shall have the corresponding meanings: "Construction" means the erection, alteration, repair, dismantling, demolition, structural maintenance, painting, moving, land clearing, earth moving, grading, excavating, laying of pipe or conduit, street and highway building, equipment installation or the alteration and structural installation of components and materials in any form; "Construction Equipment" means any equipment or device used or intended for use in construction including, but not limited to, air compressors, pile drivers, pneumatic or hydraulic tools, bulldozers, excavators, trenchers, cranes, loaders, scrapers, pavers, compactors, rollers, graders, concrete mixers and the like. "Construction Site" means an area or portion of land that is used for or that is under Construction; "Council" means the Council of the Town. "Holiday" means any holiday set out as a holiday in the Retail Business Holidays Act, R.S.O. 1990, c. R.30, as amended, or any successor thereof; "Inhabitants" means one or more persons who reside in the Town; "Noise" means any sound or vibration that is of such a volume or nature that it is likely to disturb the Inhabitants of the municipality; "Person" includes a corporation, organization, association, partnership and the like; ''Town" means the Corporation of the Town of Lincoln; (J ) "Unauthorized" means contrary to prevailing Federal, Provincial or Municipal law or regulations; (k) "Weekday" means any Monday, Tuesday, Wednesday, Thursday or Friday. 3. For the purposes of this By-law, unless the context otherwise requires, words imparting the singular shall include the plural and words imparting the masculine gender shall include the feminine and vice versa. 4. Where a form of words or expression are prescribed in this By-law, deviations therefrom not affecting the substance or calculated to mislead do not vitiate them.

2 -2-5. Should any section, clause or provision of this By-law be held by a court of competent jurisdiction to be invalid, the validity of the remainder of this Bylaw shall not be vitiated. GENERAL EXEMPTIONS 6. This By-law shall not apply to a person who emits or causes or permits the emission of sound or vibration in connection with: Measures undertaken for the immediate health, safety or welfare of the Inhabitants under emergency circumstances or in circumstances of public necessity; The operation of a bell, horn, siren or other signaling device required by law, or associated with any emergency or law enforcement vehicle, or associated with the operation of a traffic control device at any intersection including any railway crossing; Measures undertaken by the Town, the Regional Municipality of Niagara, the Province of Ontario or the Government of Canada or anv of their servants, employees, contractors or agents in carrying out any operations including the ooeration. maintenance or installation aovernment-owned - infrastructure, facilities or the like, or to deliver government services; The operation of any railway pursuant to the Railway Act of Canada, including but not limited to the operation of rail cars including locomotives, self-propelled passenger cars and refrigeration cars and including any associated bell, horn, siren or other signaling device of such rail cars; Road or bicycle races, parades, circuses, festivals, entertainment activities in public parks or neighbourhood social activities when such events are approved by Council and such activities or events are in compliance with the conditions set by Council in approving such activities or events; Sport or recreational events in public parks where permission has been issued by the Town authorizing such events and the events comply with all of the conditions of such permission; Fireworks displays authorized by the municipality; The ringing or sounding of bells or chimes by any church, by the Salvation Army, or by a mobile vendor operating in conformity with all prevailing Federal, Provincial or Municipal law or regulations providing that such mobile vendor does not emit, cause or permit such ringing or sounding of bells or chimes at any one location for a period of more than thirty (30) seconds. Agricultural operations carried on as normal farm practices in accordance with the Farming and Food Production Protection Act, 1998, S.O. 1998, c.1, as amended; EXEMPTIONS BY COUNCIL 7. Any person may make application to Council to request an exemption from any of the provisions of this By-law with respect to any source of sound. 8. Every person making application for an exemption shall, not less than 60 days prior to the event or activity proposed to be undertaken requiring the exemption, submit in writing to the Clerk of the Town: A complete and accurate application form as provided by the Town setting out the particulars respecting the exemption requested including: (ii) (iii) (iv) (v) the name, address and telephone number of the applicant; a description of the source and location of sound in respect of which a statement of the particular provision or provisions of this By-law from which the period of time, a duration of not in excess of six months, for which the the reasons why the exemption should be granted;

3 (vi) -3- statement of the steps, if any, planned or proposed to be implemented to mitigate the noise or to bring about compliance with this By-law. Payment of the exemption application processing fee in the amount set by Council from time to time and in effect at the time of such exemption request. 9. At the date, time and place so appointed Council shall, in accordance with its procedures, hear and consider the application, a report from the Clerk, any submissions by the applicant, any submissions by any other person, and any other matter as Council deems appropriate. 10. Council shall by resolution in accordance with the provisions of the Municipal Act, 2001 : grant the requested exemption; or refuse to grant the requested exemption; or grant an exemption subject to such terms and conditions as Council deems appropriate. 11. Where an exemption is granted by Council, any breach of any of the terms or conditions of the exemption shall render the exemption null and void. GENERAL NOISE PROHIBITIONS 12. No person shall, at any time within the limits of the Town, cause or permit to be caused any Noise created by: (j) The operation of a motor vehicle in an Unauthorized race; The operation of a motor vehicle in such a way that the tires of the vehicle squeal; The operation of a vehicle or resulting in banging, clanking, squealing or other noise due to an improperly secured load or equipment, or inadequate maintenance. The operation of a combustion engine or pneumatic device without an effective exhaust muffling device that is in proper working order and in constant operation; The operation of any item of Construction Equipment without an effective exhaust muffling device that is in proper working order and in constant operation; The discharge, venting, release or pressure relief of air, steam, or other gaseous material, product or compound from any autoclave, boiler, compressor, pressure vessel, pipe, valve, machine, device or system; The sounding or use of any bell, chimes, gong, horn, siren, whistle, alarm or the like, except where authorized by law, or as an auditory safety alert, or as a warning device in accordance with good safety practices; The operation of any mechanical equipment that is not operating or being maintained in accordance with the manufacturers specifications including any air conditioner, heat pump, hot tub, pool or spa pump or filter or the like that is not in proper working order; The persistent barking, calling, whining or sound from any domestic pet or any animal; The operation of any radio, television, stereo or other electronic device including any amplification device, public address system, loudspeaker system or any musical or other sound producing instrument. NOISE PROHIBITIONS BY TIME OF DAY AND AREA 13. No person shall cause or permit to be caused at any time on any Sunday or Statutory Holiday, or between the hour of 6:00 p.m. of any day and 7:00 a.m. of the following Weekday or 9:00 a.m. of any following Saturday, any Noise created by the operation of Construction Equipment on a Construction Site within the limits of the Town.

4 No person shall cause or permit to be caused between the hour of 9:00 p.m. of any day and 7:00 a.m. of any following Weekday or 8:00 a.m. of any following Saturday or 9:00 a.m. of any following Sunday or Statutory Holiday, any Noise that is clearly audible at a point of reception within a Dwelling Unit in any Residential Zone as defined by the current Zoning By-law of the Town, any Noise that is created by: shouting, yelling, hooting, whistling or singing; the operation of any combustion engine which is used or intended for use in a toy, model, or replica of a larger device which has no function other than amusement and which is not a conveyance; the operation of any combustion engine which is used or intended for use in any lawn, yard or garden maintenance equipment; the operation of any dirt bike, all-terrain vehicle, snowmobile, go-cart, dune buggy or like conveyance that is Unauthorized to be operated on a public highway; the operation of any domestic tool including a hammer, saw, nail gun, staple gun, drill, chain saw, grass and hedge trimmers or the like. PENALTY 15. Every person who contravenes any provision of this By-law is guilty of an offence and is liable upon conviction to a fine recoverable pursuant to the Provincial Offences Act, R.S.O. 1990, Chapter P.33, as amended, or any successor thereof. SCHEDULE FORMS PART OF BY-LAW 16. Schedule "A" attached hereto and forming part of this By-law, as may be approved or modified by an Order of the Chief Judge of the Ontario Court of Justice (Provincial Division) pursuant to the provisions of the Provincial Offences Act and the rules of the Ontario Court of Justice, shall come into force and take effect upon approval or modification by the said Chief Judge. PRIOR BY-LAWS REPEALED 17. By-law No , as amended and any other By-law of the Town of Lincoln inconsistent with this By-law is hereby repealed. EFFECTIVE DATE OF BY-LAW 18. This By-law shall come into force and take effect upon the date of passage. BY-LAW read a FIRST time this 5th day of May, BY-LAW read a SECOND time this 5th day of May, BY-LAW read a THIRD time and FINALLY PASSED this 5th day of May, CLERK: WILLIAM J. KOLASA

5 THE CORPORATION OF THE TOWN OF LINCOLN Schedule " A to BY-LAW NO BEING A BY-LAW TO PROHIBIT AND REGULATE NOISES LIKELY TO DISTRUB THE INHABITANTS OF THE TOWN OF LINCOLN PART I PROVINCIAL OFFENCES ACT