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HomeMy WebLinkAboutKIN 83 4545 Noise Bylaw - - CORPORATION OF THE TOWN OF KINCARDNE BY-LAW NO. 4545 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 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 . "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; ..... .2 - 2 - (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 . "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) .......·3 - 3 - (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. . r (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 ......4 . . - 4 - 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 ...5 - 5 - Prohibited Periods of Time: . 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. . 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 ..........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 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. ~ .~ ~'/~~ ~ y-:.. ~ ...-'-."- -- .~ - -:~?: .: ~ ~ ~ - :::-- " . '-