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HomeMy WebLinkAboutTWP 86 018 Bylaw -Noise Control ~ 11 , II' I, r- ¡ I I' \e . . - ~ . . . . 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¡ . . . 2 ,~ 1 1 I ,. . . ' e . . . :1 , ,,=' . Page 2 (f) (g) . . . . 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 soundsdue 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 . . . 3 I' ' . . . . , " I . . . . Page 3 (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. . . . 4 I I ' e . . '. ! . . . Page 4 . . . 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 )1 , 1 , , -, .. . . I! - ¡ , 6. , , I 1 - 'C7 'I . . . . . . . Page 5 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. . . . 6 'TI ' 1 ::~ :- , It --.¡ ,I - "._~;.,_.. -~ . . . . . Page 6 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 ()~~ REEVE j¿f r~1986_ f'A'~~'~ _......_._~ r READ A THIRD TIME and finally PASSED this 9 day of J'-~_I 1986 -- -.....-.--