HomeMy WebLinkAboutTWP 86 018 Bylaw -Noise Control
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THE cœPŒATICI!iI OF THE TŒ'INSHIP OF KINCARDINE
BY-LAW NO. 86-18,\
A BY-LAW TO CCNIROL NOÌ'sE
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 reoognized body of scientific and teclmological 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 fran 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;
NCM THEREFCRE, the Council of the Corporation of the Township of
Kincardine ENACl'S as follows:
1.
Interpretation
In this By-law,
faj' Construction
"construction" includes erection, alteration, repair, dismantling,
datlDlition, structural maintenance, mechanically assisted painting,
land clearing, earth IIDVing, grading, excavating, the laying of
pipe and conduit whether above or belO\'l ground level, street and
highway building, concreting, equi¡:ment installation and alteration
and the structural installation of construction canponents and
materials in any fODll or for any purpose, and includes any work
in cormection therewith;
(b)
Construction Equi¡:ment
"construction equipnent" means any equi¡:ment or device designed
and intended for use in construction, or material handling,
including but not limited to, air canpressors, pile drivers,
pneumatic or hydraulic tools, bulldozer, scrapers, pavers,
generators, off-highway haulers or trucks, ditchers, canpactors
and rollers, pumps, concrete mixers, graders, or other material
handling equi¡:ment;
(c)
Conveyance
"conveyance" includes a vehicle and any other device employed to
transport a person or persons or goods fran 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 TcMnship
Kincardine ¡
(e) Hiqhway
"highway" includes a CCIIIID!l 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)
(g)
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M)tor Vehicle
"rotor vehicle" includes an autaIDbile, rotorcycle, and any
other vehicle propelled or driven othe:rwise than by muscular
power¡ but does not include a rotorized SIlO\'l vehicle, traction
engine, fann tractor, self-propelled implanent of husbandry or
road-building machine wi thin the meaning of The Highway Traffic Act.
M)torized Conveyance
"rotorized conveyance" means a conveyance propelled or driven
othe:rwise than by muscular, gravitational or wind power¡
(h) Municipali tv
(k)
"municipality" means the land within the geographic limit of
the Corporation of the TcMnship of Kincardine¡
(i) Noise
"noise" means unwanted sound¡
Point of Reception
"point of reception" means any point on the premises of a
person where sound or vibration originating fran other than
those premises is received.
Zoninq Areas
".QUIET ZONE" - wi thin 400 feet of Hospital.
"RESIDENTIAL AREA" - to include Plarmed Developnent (PD) west of
County Road *23 and Hamlet
as designated in Zoning By-Law 82-08 and amendments thereto.
"CœMERCIAL" - as designated in By__Law 82-08 and arneI)ðments thereto
"AGRICULTURAL" - as designated in By-Law 82-08 and amenànents thereto.
2 . General Prohibitions
(j)
(1)
No person shall invite or penni t 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 pennanent custody or
controL
and encourage or allO\'l them to act singularly or collectively in
such a marmer that the resulting noise level is likely to distuIb
and actually distu:rbs the quiet, peace, rest, cc:mfort or convenience
of the neighbourhood. '
(2) No person shall emit, cause, pennit or encourage noise which is
likely to distuIb and actually distu:rbs the quiet, peace, rest,
cc:mfort or convenience of the neighbourhood.
(3)
No person shall emit or cause or penni t the emission of sound
resul ting fran an act listed herein, and which sound is clearly
audible at a point of reception;
(a) Racing of any rotorized conveyance other than in a racing event
regulated by law.
(b) The operation of a rotor vehicle in such a way that the tires
squeal.
(c) The operation of any ocmbustion engine or pnetnllatic device
without an effective exhaust or intake muffling device in
good working order and in constant operation.
(d) 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 equi¡:ment, or inadequate
maintenance.
(e) The operation of an engine or rotor in, or on, any rotor vehicle
or itan of attached auxiliary equi¡:ment for a continoous pericx'l
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(e) - Cont'd
exceeding five minutes while such vehicle is stationary in
a Residential Area unless:
(i) the original equi¡:ment manufacturer specifically
reccmnends a longer idling period for nonnal and
efficient operation of the rotor vehicle in which case
such reccmnended period shall not be exceeded; or,
(ii) operation of such engine or rotor is essential to a
basic function of the vehicle or equipnent, including
but not limited to, operation of ready-mixed concrete
trucks, lift platfoDllS and refuse canpactors; or,
(iii) weather conditions justify the use of heating or
refrigeration systans powered by the rotor or engine for
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 10\'1 temperatures make longer idling periods
necessary imnediately after starting the rotor 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
systan, carburetor or the like, when such work is
perfonned other than for profit.
(f) The operation of a rotor vehicle horn or other warning device
except where required or authorized by law or in accordance
with good safety practices.
(g) The operation of any itan of construction equi¡:ment in a
Residential Area without effective muffling devices in good
working order and in constant operation.
3.
Prohibi tions by Time and Place
No person shall emit or cause or pennit the emission of sound resulting
fran any act listed in Schedule "A" if clearly audible at a point of
reception located in an area of the municipality v,ithin a prohibited
time shOl'ln for such an area.
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SCHEDULE "An
PROHIBITIOOS BY TIME AND PIACE
1. The operation of any electronic
device or group of connected
electronic devices incorporating
one or rore loudspeakers or
other electro-mechanical trans-
ducers, and intended for the
production, reproduction or
amplification of sound.
2. The operation of any auditory
signalling device, including
but not limited to the ringing
of bells or gongs and the
blCMing of horns or sirens
or whistles, or the production,
reproduction or amplification
of any similar sounds by
electronic means except \'IDere
required or authorized by law
or in accordance with good
safety practices.
3. The discharge of fireanns
4. The detonation of fire\'lOrks or
explosive devices.
5. The operation of a canbustion
engine \'ihich,
(i) is, or
(ii) is used in, or
(iii) is intended for use in a toy
or a rodel or replica has
no function other than
amusanent and which is not a
conveyance.
,6. Persistent yelling, shouting,
hooting, v.histling or singing
7. Persistent barking, whining
or other s:ilnilar persistent
noise making by any dcn1estic
pet.
, 8. The operation of any powered
or non-powered tool for
danestic purposes other than
snO\'l raroval.
9. The operation of any equi¡:ment
in connection wi.th construction
or agriculture, other tl@n for'
snO\'l ratlDVal.
O. The operation of_ any_ cq¡rnercial
or industríãlenterprise not
covered by the ,above itEf!1S
prohibited Period of Time
Quiet Residential
Zone Area
Camlercial
Area
Agricul tural
Area
At any
time
11 p.m.-
7 a.m.
11 p.m.-
7 a.l!I.
11 p.m.-
7 a.m.
At any 11 p.m.- 11 p.m.- 11 p.m.-
time 7 a.m. 7 a.m. 7 a.m.
At any At any At any No
time time time Restricti n
At any 12 a.m.- 12 a.m.- No
time 6 p.m. 6 p.m. Restricti
At any 9 p.m.- 11 p.m.- 11 p.m.-
time 10 a.m. 9 a.m. 9 a.m.
At any 11 p.m.- 11 p.m.- No
time 7 a.m. 7 a.m. Restriction
At any 11 p.m.- 11 p.I!I.- No
time 7 a.m. 7 a.l!I. Restriction
7 p.I!I.-
7 a.m.
(All Day 11 p.m.-
Sunday) 7 a.m.
11 p.m.- No
6 a.m. Restriction
7 p.m.-
7 a.m.
(All Day
Sunday)
7 p.m.-
7 a.m.
11 p.m.-
6 a.m.
No
Restriction
7 p.m.-
7 a.m.
(All Day
Sunday) ~
7 p.m.-
7 a.m.
11 p.m.-
6 a.m.
No
Restrictio
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4.
EKE!1IPtion
Public Safety
Notwithstanding any other provision of this by-law, it shall be lawful to
emit or cause or penni t the emission of sound or vibration in connection
with emergency measures undertaken:
(a) for the imnediate heal th, 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
rore disturbing, than is reasonably necessary for the accanplishment of
such emergency purpose.
5.
Grant of Exemption by Council
(l)
Application to Council
Notwithstanding anything contained in this by-law, any person
may make a¡;plication to Council to be granted an exemption fran
any of the provisions of this by-law with respect to any source of
sound or vibration for "lhich 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
teDllS and conditions as Council sees fit.
(2)
Decision
In deciding whether to grant the exemption, Council shall give
the a¡;plicant 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 tentlS or conditions of any
ex€!!1Ption granted by Council shall render the ex€!!1Ption null and void.
EKE!1IPtion of Traditional, Festive or Reliqious Activities
Notwi thstanding any other provisions of this by-law, this by-law does not
apply to a person who emits or causes or pennits the anission of sound or
vibration in connection with any of the listed traditional, festive,
religious and other activities:
The operation of a rotor vehicle horn in connection with or
recognition of a procession of vehicles to or fran a wedding¡
The singing of Christmas Carols ¡
Parades, celebrations or other special events authorized by counciL
7.
Severabilitv
If a court of canpetent 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 ranainder of the by-law and it is hereby declared that the remainder
of the By-law shall be valid and shall ranain in force
8.
Penal tv
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 rore than $1,000.00 for each offence, exclusive of costs, and every
such fine is recoverable under The Provincial Offences Act.
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9.
Effective Date
This By-law shall ccme into force and take effect on the date of
its final passing, subject to the approval of the Ministry of the
Environnent.
fÍ
READ <A ,FIRST AND SE:CCXID time this LdaY of
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REEVE
j¿f r~1986_
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READ A THIRD TIME and finally PASSED this 9 day of
J'-~_I
1986
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