HomeMy WebLinkAboutKIN 83 4545 Noise Bylaw
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CORPORATION OF THE TOWN OF KINCARDNE
BY-LAW NO. 4545
A BY-LAW TO CONTROL NOISE
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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 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
Town of Kincardine ENACTS as follows:
1. Interpretàtion
In this By-law,
(a) Construction
"construction" includes erection, alteration, repair, dismantling,
demolition, structural maintenance, mechanically assisted painting,
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, bulldozer, 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
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"highway" includes a common 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;
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(f) Motor Vehicle
"motor vehicle" includes an automobile, motorcycle, and any
other vehicle propelled or driven otherwise than by muscular
power; but does not include a motorized snow vehicle, traction
engine, farm tractor, self-propelled implement of husbandry or
road-building machine within the meaning of The Highway Traffic Ac't;
(g) Motorized Conveyance
"mo'torized conveyance" means a conveyance propelled or driven
otherwise than by muscular, gravi'ta'tiona1 or wind power;
(h) Municipalitv
"municipa1i'ty" means 'the land within the geographic limit of
the Corporation of the Town of Kincardine;
(i) Noise
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"noise" means unwant ed sound;
(j) 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.
(k) 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
(1) No person shall invite or permit others to be on
~a~ his property
b property of which he is a tenant
c property of which he is a temporary or permanent occupant,
or
(d) property of which he has temporary or permanent custody or
control.
and encourage or allow them to act singularly or collectively in
such a manner that the resulting noise level is likely to disturb
and actually disturbs the quiet, peace, rest, comfort or
convenience of the neighbourhood.
(2) No person shall emit, cause, permit or encourage noise which
is likely to disturb and actually disturbs the quiet, peace, rest,
comfort or convenience of the neighbourhood.
(3) 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
(a)
(b)
(c)
e (d)
(e)
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(g)
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 op~ration
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 make longer idling periods
necessary immediately after starting the motor or engine;
or,
(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.
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 a
Residential Area without effective muffling devices in good
working order and in constant operation.
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(f)
3. Prohibitions by Time and Place
No person shall emit or cause or permit the emission of sound
resulting f~m 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
A£l
Prohibited Period of Time
for Residential Area
1. The detonation of fireworks
or explosive devices not used
in construction, except as
provided by By-law No. 2122 and
amemdments and successors
thereto.
At all times
e
2. The discharge of firearms
3. The operation of a combustion
e~~~i~:,W~~Ch'
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.
4. The operation of any electronic
device or group of connected
electronic devices incorporating
one or more loudspeakers or other
e1ectro-mechanica1 transducers,
and intended for the production,
reproduction or amplification
or sound.
At all times
B
A
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Act
5. 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 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, product 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.
Prohibited Period of Time
for Restricted Area
A
A
A
A
B
B
A
A
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Prohibited Periods of Time:
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A - 23 00 one day to 07 00 next day (09 00: Sundays)
B - 2l 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
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) 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.
5. Grant of Exemption by Council
(1) Ápp1ication to Council
Notwithstanding anything contained in this by-law, any
perso~y~app1ication 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 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 any exemption granted by Council shall render the exemption
null and void.
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6. Exemption of Traditional. Festive or Religious Activities
Notwithstanding any o'ther 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
Parades, celebrations or
by council.
Carol s ;
other special
events authorized
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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 sB.ction
or part of sec'tion shall no't be cons'trued as having persuaded or
influenced Council to pass 'the remainder of 'the by-law and i't is
hereby declared tha't 'the remainder of the by-law shall be valid and
shall remain in force.
8. ,J'enal1¡z
Every person who contravenes any of 'the provisions of this by-law
is gullty of an offence and shall, upon conviction 'thereof, forfeit
and pay a penalty of not more 'than $1,000.00 for each offence,
exclusive of costs, and every such fine is recoverable under The
Provincial Offences Act.
9. Repeal
Sec'tion 34 of By-law No. 3S6 'to provide for the good government
of Kincardine, among other things, and By-law No. 2040, to regulate
noises made by domes'tic animals, be and 'the same are hereby
repealed.
10. Effective Date
This By-law shall come into force and take effect on the da'te
of its tinal passing, subject 'to 'the approval of the Minis'ter of
the Environment.
READ a FIRST and SECOND time 'this 21st day of July
, 1983
~~.;~
Mayor
<J~Y-
lEAD a THIRD TIME and finally PASSED this IS day of August
, 1983.
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