Noise

By-law No. 0060/2000

Whereas it is expedient to exercise the power conferred upon the Council pursuant to the Environmental Protection Act, R.S.O., 1990, C. E-19, 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 tranquility 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 Addington Highlands enacts as follows:

Interpretation

In this by-law,

Construction

“construction” includes erection, alteration, repair, dismantling, demolition, structural maintenance, painting, moving, land clearing, earth moving, grading, excavating, the laying of pipes and conduit whether above or below ground level, street and highway building, concreting, equipment installation and alteration and structural installation of construction components and materials in any form or for any purpose, and includes any work in connection therewith;

Construction Equipment

“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, scrapers, pavers, generators, off-highway haulers or trucks, ditchers, compactors and rollers, pumps, concrete mixers, graders or other material handling equipment;

Conveyance

“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;

Council

“council” means the Council of the Corporation of the Township of Addington Highlands;

Highway

“highway” 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;

Minister

“Minister” means the Minister of the Environment;

Ministry

“Ministry” means the Ministry of the Environment;

Motor Vehicle

“motor vehicle” includes an automobile, motor-cycle, and any other vehicle propelled or driven otherwise than by muscular 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;

Motorize Conveyance

“motorized conveyance” means a conveyance propelled or driven otherwise than by muscular, gravitational or wind power;

Municipality

“municipality” means the land within the geographic limit of the Corporation of the Township of Addington Highlands;

“noise” means unwanted sound;

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.

General Prohibitions

No person shall emit or cause or permit the emission of sound resulting from an act listed herein, and which sound is clearly audible at a point of reception:

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 an engine or motor in , or on, any motor vehicle or item of attached auxiliary Equipment for a continuous period exceeding five minutes, while such vehicle is stationary in the municipality unless: (a) 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, (b) operation of such engine or motor vehicle is essential to a basic function of the vehicle or equipment, including but not limited to, operation or ready-mixed concrete trucks, lift platforms and refuse compactors; or, (c) weather conditions justify the use of heating or refrigerating systems powered by the motor or engine for the safety and welfare of the operator, passengers or animals, or the preservation of perishable cargo, and the vehicle is stationary for the purposes of delivery or loading; or, (d) prevailing low temperatures make longer idling periods necessary immediately after starting the motor or engine; or, (e) the idling is for the purpose of cleaning and flushing the radiator and associated circulation system for seasonal change of anti-freeze, cleaning of the fuel system, carburetor or the like, when such work is performed other than for profit.
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 the municipality without effective muffling devices in good working order and in constant operation.

Prohibitions by Time and Place

No person shall emit or cause or permit the emission of sound resulting from any act listed in Table 3-1 if clearly audible at a point of reception located in the municipality within a prohibited time shown.

Table 3-1

Prohibitions By Time And Place

Prohibited Period of Time Entire Municipality

The detonation or fireworks, except as noted in Sec. 6(1) or explosive devices not used in construction. At all times.
The operation of a combustion engine which, is, or is used in, or is intended for use in, a toy or a model or replica of any device, which model or replica has no function other than 8 p.m. one day to amusement and which is not a conveyance. 9 a.m. next day
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. At all times
The operation of any auditory signaling 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. At all times
The operation of any motorized conveyance other than on a highway or other place intended for its operation. At all times
The venting, release or pressure relief of air, steam or other gaseous material, product or compound from any autoclave, boiler, 11 p.m. one day pressure vessel, pipe, valve, machine, to 7 a.m. next day device or system. (9 a.m. Sundays)
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. At all times
The operation of a commercial car wash 9 p.m. one day to 7 a.m. with air drying equipment. next day (9 a.m. Sundays
Persistent yelling, shouting, hooting, whistling or singing. At all times
The operation of a power assisted hang glider or parafoil. At all times
All selling or advertising by shouting or outcry or amplified sound. At all times
The operation of any equipment in 8 p.m. one day to 7 a.m. connection with construction. next day. All day Sunday.
The operation or use of any powered tool 9 p.m. one day to 7 a.m. for domestic purposes other than snow next day (9 a.m Sundays) removal.
The operation of solid waste bulk lift 9 p.m. one day to 7 Am. Next or refuse compacting equipment day. All day Sunday.

Exemptions

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 health, safety or welfare of the inhabitants or any of them; or,

b. or 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 purposes.

Grant of Exemption by Council

Application to Council

Notwithstanding anything contained in this by-law, any person may make application Council to be granted 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.

Decision

In deciding whether to grant the exemption, Council shall give the applicant and any person opposed to the application an opportunity to be heard and may consider such other matters as it sees fit.

Breach

Breach by the applicant of any of the terms or conditions of any exemption granted by Council shall render the exemption null and void.

Exemption of Traditional, Festive or Religious Activities

Notwithstanding any other provisions of this by-law, this by-law does not apply to a person who emits or causes or permits the emission of sound or vibration in connection with any of the listed traditional, festive, religious and other activities:

Fireworks Displays
- Victoria Day
- Canada Day
- Labour Day

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.

Penalty

Every person who contravenes any of the provisions of this by-law is guilty or any offence, and upon conviction is liable to a fine as provided for in the Provincial Offences Act.

Enacted This 17th Day Of April, 2000

Henry Hogg, Reeve | Jack Pauhl, Clerk

This by-law is approved pursuant to the terms of the Environmental Protection Act, at Toronto this 23rd day of May, 2000

Minister of the Environment

I, Jack Pauhl, Clerk of the Corporation of the Township of Addington Highlands, do hereby certify that this is a true, unaltered copy of By-Law No., 0060/2000 enacted by the Council of the Corporation of the Township of Addington Highlands on the 17th day of April, 2000, in open session.

Jack Pauhl, Clerk