HomeMy WebLinkAboutKIN 84 4635 Noise Bylaw
THE CORPORATION OF THE TOWN OF KINCARDINE
BY-LAW NO. 4635
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; ard
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 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, 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-:struc::turalinstallation 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 ec;uipment or device designed
and intended for use in construction or material handling,
including but not limited tc, air compressors, pile drivers,
pneumatic or hydraulic toe is, bulldozers, tractors, excavators,
trenchers, cranes, derricks, lo~ders, 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 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;
(d) Council
"council" means the Council of the Corporation of the Town of
Kincardine;
.
(e) Highway
"highway" includes a common ard public highway, street, avenue,
parkway, driveway, square, place, bridge, viadüct 01:' trestle
designed and intended for, or used by, the general public for
the passage of vehicles;
(f) Minister
"minister" means Minister of Environment;
(g) Ministry
"ministry" means Ministry of the Environment;
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(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 o~ electric or st~am
railways, or other motor vehicl:s runn~ng only upon ra1ls, or
a motorized snow vehicle, tract10n eng1ne, farm tractor,
self-propelled impleffient of husband~y or road-b~ilding
machine within the meaning of the H1ghway Traff1c Act.
(i) Motorized Conveyance
"motorized conveyance" means 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 ard
amendments thereto;
2. General Prohibitions
.
No person shall emit or cause or permit the emission of sound
resulting from an act listed herein, ard which sound is clearly
audible at a point of reception.
(1) Racing of any motorized conveyance other than in a racing
æmnt regulated by law.
(2) The operation of a motor vehicle in such a way that the tires
squeal.
(3) Thè operation of any combustion engine or pneumatic device
without an effective exhaust or intake muffling device in
good working order and in constant operation.
(4) 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 maintenace.
(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,
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(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 make longer idling periods
necessary immediately after starting the motor or engine;
or,
(v) the idling is for the pupose 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 Plaoe
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.
TABLE 3-1
PROHIBITIONS BY TIME AND PLACE
Prohibited Period of Time
for Residential Area
Act
1. 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
2. The discharge of firearms
3. 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 conveyarce.
At all times
B
.
4. The operation of any electronic
device or group of connected
electronic devices incorporating
one or mcre loudspeakers or other
electro-mechanical transducers,
and intended for the production,
reproduction or amplification
of sound.
A
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Act
.
5. The operation of any auditory
signalling dèvice, 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.
6. The operation of any motorized
conveyance other than on a
highway or other place intended
for its operation.
7. The venting, release or pressure
relief of air, steam or other
gaseous material, produot or
compound from any autoclave,
boiler, pressure vessel, pipe,
valve, machine, device or
system.
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.
9. The operation of any equipment in
connection with construction.
10. The operation or use of any tool
for domestic purposes other than
snow removal.
11. The operation of solid waste bulk
lift or refuse compacting equipment.
12. The operation of any commercial or
industrial enterprise not covered
by the above items.
13. Yelling, Shouting, hooting, whistling
or singing
.
Prohibited Period of Time
for Residential Area
A
A
A
A
B
B
A
A
A
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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 OC next day (09 OC Sundays)
D - All day Sundays
E - 19 00 one day to 07 00 next day.
4. Exemption
Public Safety
Notwithstanding any other provision of this by-law, it
shall be lawful tc emit or cause or permit the emission of
sound or vibration in connection with effiergency measures
undertaken:
(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 sound or vibration is clearly of a longer duration
or nature more disturbing, than is reasonably necessary for
the accomplishment of such emergency purpose.
S. Grant of Exemption by Council
(1) Application to Council
Notwithstanding anything contained in this by-law, any
person may makè 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 Coüncil, 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 cenditions as Coüncil sees fit.
(2) 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.
(3) Breach
Breach by the applicant of any of the terms or conditions
of anyexe~pti~granted by Council shall render the exemption
null and void.
.
6. 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:
The operation of a motor vehicle horn in connection with
or recognition of a procession of vehicles to or from a
wedding;
The singing of Christmas Carols;
Parades, celebrations or other special events authorized
by council.
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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 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.
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 4545 to control noise in
the Town of Kincardine, be and the same are hereby repealed.
10. Effective Date
This by-law shall come into force and take effect on the date
of its final passing, subject to the approval of the Minister of the
Environment.
READ a FIRST and SECOND time this 15th day of November
, 1984.
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READ a THIRD TIME and FINALLY PASSED this 20th day of December - ý -1984.
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Mayor --C er