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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; .....2 -2- (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, .....3 -3- . (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 .... .4 -4- 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 .....5 -5- 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. ......6 . . - 6 - 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. ~::::n -c~7Pf~ READ a THIRD TIME and FINALLY PASSED this 20th day of December - ý -1984. ~ d _ ~ - ~y~~- 40- )¿j"ASd~ :c Mayor --C er