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Home My WebLink AboutKIN 87 008 Noise Control Bylaw THE CORPORATION OF THE TOWN OF KINCARDINE BY-LAW No. 1987-8 . A BY-LAW TO CONTROL NOISE WHEREAS it is expedient to exercise the power conferred upon the Council by Section 138 of the Environmental Protection Act, R.S.O. 1980, Chapter 141; and other statutory authority; and WHEREAS a recognized technological knowledge exists by be substantially reduced; and body of which sound scientific and and vibration may 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 tranquillity 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 Town of Kincardine ENACTS as follows: 1. Interpretation (1) In this by-law, (a) Construction "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; (b) 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; (c) Conveyance "conveyance" includes employed to transport place to place but does vehicle if operated only a vehicle and any other device a person or persons or goods from not include any such device or within the premises of a person; . (d) Council "Council" means the Council of the Corporation of the Town of Kincardine; (e) 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; -2- (f) Minister . "Minister" means Minister of the Environment; (g) Ministry "Ministry" means Ministry of the Environment; (h) Motor Vehicle "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 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; (i) Motorized Conveyance "motorized conveyance" mean a conveyance propelled or driven otherwise than by muscular, gravitational or wind power; (j) Municipality "municipality" means the land within the geographic limit of the Town of Kincardine; (k) Noise "noise" means unwanted sound; (1) 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; (m) Residential Area "Residential Area" means those areas of the municipality specified as follows: All areas of the municipality according to Schedule "A" amendments thereto. which are zoned as Residential to Zoning By-Law No. 4350 and 2. General Prohibitions No person shall emit or cause or permit the sound resulting from an act listed herein, and is clearly audible at a point of reception: emission of which sound (1) Racing of any motorized conveyance other than in a racing event regulated by law. . (2) The operation of a motor vehicle in such a way that the tires squeal. (3) 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. . . . 3 -3- (4 ) The operation of a vehicle or a resulting in banging, clanking, sounds due to improperly secured inadequate maintenance. vehicle with a trailer squealing or other like load or equipment, or . (5) 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 a Residential Area unless: (i) 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, (ii) operation of such 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 platforms and refuse compactors; or, ( iii) 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 purposes of delivery or loading; or, (iv) prevailing low temperatures periods necessary immediately motor or engine; or, make after longer idling starting the (v) the idling is for the purpose of cleaning and flushing the radiator and associated circulation system for seasonal change of antifreeze, cleaning of the fuel system, carburetor or the like, when such work is performed other than for profit. (6) 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. (7) The operation of any item of construction equipment in a Residential Area without effective muffling devices in good working order and in constant operation. 3. 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 an area of the municipality within a prohibited time shown for such an area. . .. .4 . l. 2. 3. 4. 5. . -4- TABLE 3-1 PROHIBITIONS BY TIME AND PLACE Act Prohibited Period of Time for Residential Area The detonation of fireworks or explosive devices not used in construction, except as provided by By-Law No. 2122 and amendments and successors thereto. At all times The discharge of firearms. At all times The operation of a combustion engine which, (i) is, or (ii) is used in, or (iii) is intended for use in, a toy or a model or replica of any device, which model or replica has no function other than amusement and which is not a conveyance. B 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. A The operation of any auditory signalling 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 sound by electronic means, except where required or authorized by law or in accordance with good safety practices. A 6. The operation of any motorized conveyance other than on a highway or other place intended for its operation. A 7. The venting, release or pressure relief of air, steam or other gaseous material, product or compound from any autoclave, boiler, pressure vessel, pipe, valve, machine, device or system. A . . .5 . . -5- Act Prohibited Period of Time for a Residential Area 8. 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. A 9. The operation of any equipment in connection with construction. B 10. The operation or use of any tool for domestic purposes other than snow removal. B 11. The operation of solid waste bulk lift or refuse compacting equipment. A 12. The operation of any commercial or industrial enterprise not covered by the above items. A 13. Yelling, shouting, hooting, whistling, or singing. A Prohibited Periods of Time: A - 23 00 one day to 07 00 next day (09 00 Sundays) B - 21 00 one day to 07 00 next day (09 00 Sundays) C - 19 00 one day to 07 00 next day (09 00 Sundays) D - All day Sundays E - 19 00 one day to 07 00 next day. 4. Èxemption Public Safety Notwithstanding any other provision of this by-law, be lawful to emit or cause or permit the emission or vibration in connection with emergency undertaken: it shall of sound measures (a) for the immediate health, safety or welfare of the inhabitants or any of them; or, (b) for the preservation or restoration of property; unless such duration or necessary for sound or vibration is clearly of a longer nature more disturbing, than is reasonably the accomplishment of such emergency purpose. ...6 -6- . 5. Grant of Exemption by Council (1) Application to Council Notwithstanding anything contained in this by-law, any person may make application to Council to be granted an 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. (2) Decision In deciding whether to give the applicant and an opportunity to be matter as it sees fit. grant the exemption, Council shall any person opposed to the application heard and may consider such other (3) 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. 6. Exemption of Traditional, Festive or Religious Activities Notwithstanding any other provision 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: The with from operation of or recognition a wedding; a motor vehicle horn in connection of a procession of vehicles to or The singing of Christmas Carols; Parades, celebrations authorized by Council. or other special events 7. 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. . 8. Penalty Every person who contravenes any of the provisions of this by-law is guilty of an offence and shall, upon conviction thereof, forfeit and pay a penalty of not more than $2,000.00 for each offence, exclusive of costs, and every such fine is recoverable under the Provincial Offences Act. ...7 . . 9. Repeal -7- Section 34 of By-Law No. 386 to provide for the good government of Kincardine, among other things, By-Law No. 2040, to regulate noises made by domestic animals, and By- Law Nos. 4545 and 4635 to control noise in the Town of Kincardine, be and the same are hereby repealed. 10. Effective Date This by-law date of its Minister of shall come into force final passing, subject the Environment. and take effect on the to the approval of the READ a FIRST and SECOND time this 19th day of February, 1987. ~~ READ a THIRD TIME and FINALLY PASSED this 5th day of March, 1987. .-,' -- ~~~~ --.' - -. -. - - , ,. '- THE CORPORATION OF THE TOWN OF KINCARDINE BY-LAW No. 1987-8 \. A BY-LAW TO CONTROL NOISE WHEREAS it is expedient to exercise the power confer~ed upon the Council by Section 138 of the Environmental Protection Act, R.S.O. 1980, Chapter 141; and other statutory authority; and WHEREAS a recognized technological knowledge exists by be substantially reduced; and body of which sound scientific and and vibration may WHEREAS the people have a right ensured an environment free from unusual, excessive sound or vibration which may degrade tranquillity of their life or cause nuisance; and to and should be unnecessary, or the quality 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 Town of Kincardine ENACTS as follows: 1. Interpretation (1) In this by-law, (a) Construction "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; (b) 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, ditéhers, compactors and rollers, pumps, concrete mixers, graders or other material handling equipment; (c) Conveyance "conveyance" includes employed to transport place to place but does vehicle if operated only a vehicle and any other device a person or persons or goods from not include any such device or within the premises of a person; ,. ~ (d) Council "Council" means the Council of the Corporation of the Town of Kincardine; (e) 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; ~. . .... -2- (f) Minister "Minister" means Minister of the Environment; (g) Ministry "Ministry" means Ministry of the Environment; (h) Motor Vehicle "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 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; (i) Motorized Conveyance "motorized conveyance" mean a conveyance propelled or driven otherwise than by muscular, gravitational or wind power; (j) Municipality "municipality" means the land within the geographic limit of the Town of Kincardine; (k) Noise "noise" means unwanted sound; (1) 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; (m) Residential Area "Residential Area" means those areas of the municipality specified as follows: All areas of the municipality which are zoned as Residential according to Schedule "A" to Zoning By-Law No. 4350 and amendments thereto. 2. General Prohibitions No person shall emit or cause or permit the sound resulting from an act listed herein, and is clearly audible at a point of reception: emission of which sound (1) Racing of any motorized conveyance other than in a racing event regulated by law. (2) The operation of a. motor vehicle in such a way that the tires squeal. (3) 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. . . .3 . . \'--"" .: .... -3- (4 ) The operation of a vehicle or a resulting in banging, clanking, sounds due to improperly secured inadequate maintenance. vehicle with a trailer squealing or other like load or equipment, or (5) 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 a Residential Area unless: (i) 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, (ii) operation of such 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 platforms and refuse compactors; or, (iii) 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 purposes of delivery or loading; or, (iv) prevailing low temperatures periods necessary immediately motor or engine; or, make after longer idling starting the (v) the idling is for the purpose of cleaning and flushing the radiator and associated circulation system for seasonal change of antifreeze, cleaning of the fuel system, carburetor or the like, when such work is performed other than for profit. (6) 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. (7) The operation of any item of construction equipment in a Res\dential Area without effective muffling devices in good working order and in constant operation. 3. 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 an area of the municipality within a prohibited time shown for such an area. .. .4 .: . l. 2. 3 . 4. 5. . .... -4- TABLE 3-l PROHIBITIONS BY TIME AND PLACE Act Prohibited Period of Time for Residential Area The detonation of fireworks or explosive devices not used in construction, except as provided by By-Law No. 2122 and amendments and successors thereto. At all times The discharge of firearms. At all times The operation of a combustion engine which, (i) is, or (ii) is used in, or (iii) is intended for use in, a toy or a model or replica of any device, which model or replica has no function other than amusement and which is not a conveyance. B 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. A The operation of any auditory signalling 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 sound by electronic means, except where reqúired or authorized by law or in accordance with good safety practices. A 6. The operation of any motorized conveyance other than on a highway or other place intended for its operation. A 7. The venting, release or pressure relief of air, steam or other gaseous material, prodnct or compound from any autoclave, boiler, pressure vessel, pipe, valve, machine, device or system. A . . . 5 .: . . ,---. .... -5- Act Prohibited Period of Time for a Residential Area 8. 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. A 9. The operation of any equipment in connection with construction. B lO. The operation or use of any tool for domestic purposes other than snow removal. B ll. The operation of solid waste bulk lift or refuse compacting equipment. A l2. The operation of any commercial or industrial enterprise not covered by the above items. A l3. Yelling, shouting, hooting, whistling, or singing. A Prohibited periods of Time: A - 23 00 one day to 07 00 next day (09 00 Sundays) B - 21 00 one day to 07 00 next day (09 00 Sundays) C - 19 00 one day to 07 00 next day (09 00 sundays) D - All day Sundays E - 19 00 one day to 07 00 next day. 4. Exemption pub¡ic Safety Notwithstanding any other provision of this by-law, be lawful to emit or cause or permit the èmission or vibration in connection with emergency undertaken: it shall of sound measures (a) welfare of the for the immediate health, inhabitants or any of them; safety or, or (b) for the preservation or restoration of property; unless such duration or necessary for sound or vibration is clearly of a longer nature more disturbing, than is reasonably the accomplishment of such emergency purpose. . . . 6 . . . .~ .... -6- 5. Grant of Exemption by Council (l) Application to Council Notwithstanding anything contained in this by-law, any person may make application to Council to be granted an 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. (2) Decision In deciding whether to give the applicant and an opportunity to be matter as it sees fit. grant the exemption, Council shall any person opposed to the application heard and may consider such other (3) 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. 6. Exemption of Traditional, Festive or Religious Activities Notwithstanding any other provision 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: The with from operation of or recognition a wedding; a motor vehicle horn in connection of a procession of vehicles to or The singing of Christmas Carols; Parades, celebrations authorized by Council. special other events or 7. 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. 8. penalty Every person who contravenes any of the provisions of this by-law is guilty of an offence and shall, upon conviction thereof, forfeit and pay a penalty of not more than $2,000.00 for each offence, exclusive of costs, and every such fine is recoverable under the Provincial Offences Act. ...7 . . \ ........ .¡ .... . . -7- 9. Repeal Section 34 of By-Law No. 386 to provide for the good government of Kincardine, among other things, By-Law No. 2040, to regulate noises made by domestic animals, and By- Law Nos. 4545 and 4635 to control noise in the Town of Kincardine, be and the same are hereby repealed. lO. Effective Date This by-law shall come into force date of its final passing, subject Minister of the Environment. and take effect on the to the approval of the READ a FIRST and SECOND time this 19th day of February, 1987. ~~ Mayor ) '- ". , ). ~ '.. ,/-=::> . -' "\ !ê--<,./'(>1 ç~--- Cler ,- ) \.... ... READ a THIRD TIME and FINALLY PASSED this 5th day of March, 1987. ¿;¡¡;;ø~/ . ·LZ~ "-_____ Y e r \'------- -- -.---. L Certified that the above is a true copy of By-Law 1987-8 as enacted and passed by the Council of the Corporation of the Town of Kincardine on the 5th day of Marcl;i': '. ,., ,1987. . - '- This by-law Environmental day of is approved pursuant to Protection Act at Toronto, July , 1987. provisions 20th the this of the F THE ENVI T