HomeMy WebLinkAbout08 076 Noise Control
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THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
BY-LAW
NO. 2008 -076
BEING A BY-LAW TO CONTROL NOISE WITHIN THE MUNICIPALITY OF
KINCARDINE
WHEREAS Section 129(1) of the Municipal Act, 2001, S.O. 2001, c. 25 as amended,
provides that a local municipality may prohibit and regulate with respect to noise;
AND WHEREAS noise by-laws enacted under section 129(1) of the Municipal Act, 2001
are no longer subject to Ministry of Environment approval;
AND WHERAS pursuant to the said Municipal Act, Section 8 (1) and 9 provide that the
powers of a municipality under this or any other Act shall be interpreted broadly so as to
confer broad authority on the municipality to enable the municipality to govern its affairs as
it considers appropriate and to enhance the municipalities ability to respond to municipal
issues and has the capacity, rights, powers and privileges of a natural person for the
purpose of exercising its authority under this or any other Act;
AND WHEREAS the Council of The Corporation of the Municipality of Kincardine deems it
necessary to repeal and consolidate noise by-laws passed by the former Town of
Kincardine and Village of Tiverton, and to establish one noise by-law to be applied to the
entire Municipality of Kincardine;
NOW THEREFORE the Council of The Corporation of the Municipality of Kincardine
ENACTS as follows:
1.
INTERPRETATION:
Definitions In this By-law:
1.1 Commercial Area: means any area designated as commercial in the
existing Zoning By-laws of the Corporation of The Municipality of Kincardine
and subsequent amendments thereto.
1.2 Construction includes erection, alteration, repair, dismantling,
demolition, structural maintenance, painting, 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 structural installation of
construction components and materials in any form or for any purpose,
and includes any work in connection therewith;
1.3 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,
bulldozers, tractors, excavators, trenchers, cranes, derricks, loaders,
scrapers, pavers, generators, off-highway haulers or trucks, ditchers,
compactors and rollers, pumps, concrete mixers, graders, or other
material handling equipment;
1.4 Conveyance includes a vehicle or 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;
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By-law No. 2008 - 076
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1.5 Council means The Council of the Corporation of the Municipality of
Kincardine;
1.6 Highway includes a common and 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;
1.7 Motor Vehicle includes an automobile, motorcycle, and any other vehicle
propelled or driven otherwise than by muscular power; but does not
include the cars of electric or steam railways, or other motor vehicles
running only upon rails, or a motorized snow vehicle, traction engine, farm
tractor, self-propelled implement of husbandry or road building machine
within the meaning of the Highway Traffic Act;
1.8 Motorized Conveyance means a conveyance propelled or driven
otherwise than by muscular, gravitational or wind power;
1.9 Municipality means the land within the geographic limits of The
Corporation of the Municipality of Kincardine;
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1.10 Noise means sound that is of such a volume or nature that is likely to
disturb the inhabitants of the Municipality;
1.11 Point of Reception means any point where sound or vibration
originating from a location other than that point is received;
1.12 Quiet Zone means the area within 300 meters of South Bruce Grey
Health Centre - Kincardine Site
1.13 Residential Area means any area designated or complete structure
used as residential in the existing Zoning By-laws of The Corporation of
the Municipality of Kincardine and subsequent amendments thereto;
1.14 Public Park means any municipal park in the Municipality of Kincardine;
excluding the Municipal Buildings within the park.
1.15 Rural Area means any area designated as rural or agricultural in the
existing Zoning By-laws of The Corporation of the Municipality of
Kincardine, and subsequent amendments thereto.
2.
PROHIBITIONS:
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No person shall emit or cause to permit the emission of sound resulting from an
act at anytime night or day listed in Schedule A - General Prohibitions and
which sound is clearly audible at the point of reception.
3.
PROHIBITIONS BY TIME AND PLACE:
No person shall emit or cause or permit the emission of sound resulting from
any act listed in Schedule B - Prohibitions by Time and Place, if clearly audible
at a point of reception located in an area of the municipality within a prohibited
time shown for such an area.
4. EXEMPTION:
4.1 Public Safety
Notwithstanding any other provision of this bylaw, it shall be lawful to emit
or cause to permit the emission of sound or vibration on connection with
emergency measures undertaken:
4.1.1 for the immediate health, safety or welfare of the inhabitants; or
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4.1.2 for the sounds or any bell, horn siren or other signaling device
associated with any emergency or law enforcement vehicle; or'
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4.1.3 where the Municipality, its servants, employees, contractors or agents
are carrying out Municipality operations or operating, maintaining, or
installing municipally-owned infrastructure, facilities or the like, except for
the detonation of explosives; or,
4.1.4 for the noise created by the operation of snow plowing or snow removal
equipment or for the clearing of street or sidewalks; or,
4.1.5 for the preservation or restoration of property;
4.1.6 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 purposes.
5. EXEMPTION OF TRADITIONAL, FESTIVE CULTURAL, RELIGIOUS OR
OTHER ACTIVITIES
5.1 any annual fairs, parades, events or Community Festival duly authorized by
Council held on municipal property.
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5.2 any sport or recreational events in parks where a permit has been issued
by the Municipality authorizing such event and the event complies with all of
the conditions of such permit.
5.3 for the ringing or sounding of church bells or chimes.
5.4 the lawful use and detonation of fireworks on the holidays referred to as
Victoria Day, Canada and Independence Day (USA) as per existing bylaws
within The Municipality of Kincardine, or any higher legislation thereto;
6. GRANT OF EXEMPTION BY COUNCil:
6.1 Application to Council:
Despite the provisions of this By-law, any person may make 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 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.
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6.2 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.
6.3 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.
6.4 No person shall breach any terms or conditions of any exemption granted
by Council.
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 a 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.
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8.
PENALTY:
Every person who contravenes any provision of this by-law is guilty of an
offence and subject to penalty as provided for under the Provincial Offences
Act.
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9.
BY-LAWS REPEALED:
Town of Kincardine By-law No. 1987-8 and No. 1991-84, Township of
Kincardine By-law No. 86-18, and Village of Tiverton By-law No. 1988-6, be
and the same are hereby repealed.
10.
GENERAL:
10.1 That Schedules 'A' & 'B' are attached hereto and form part of this by-law.
10.2 That this by-law shall come into full force and effect upon its final passage.
10.3 That this by-law may be cited as the "Noise Control By-law"
READ a FIRST and SECOND time this 14th day of May, 2008.
,
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READ a THIRD time and FINALLY PASSED this 14th day of May, 2008.
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SCHEDULE A
GENERAL PROHIBITIONS
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1.
Racing of any motorized conveyance other than in a racing event regulated by
law.
2. The operation of a motor vehicle in such a way that the tires squeal.
3. 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.
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 maintenance.
5. The operation of an engine or motor in, or on, any motor vehicle or item of
attached auxiliary equipment for a continues period exceeding five minutes, while
such vehicle is stationary in a Residential Area or Quiet Zone unless:
5.1
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
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5.2 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 or refuse compactors; or
5.3 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
5.4 Prevailing low temperatures make longer idling periods necessary
immediately after starting the motor or engine; or
5.5 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.
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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 or
Quiet Zone without effective muffling devices in good working order and in
constant operation.
8. Persistent barking, whining or other similar persistent noise making by any
domestic pet for a prolonged or excessive period of time.
9. The discharge of firearms.
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SCHEDULE B
PROHIBITED PERIOD OF TIME
NOISE CREATED FROM THE PROHIBITED AREA PROHIBITED TIME OF DAY
FOllOWING ACTIVITIES IS
PROHIBITED
The operation of any auditory Quiet Zone At all times
signaling device, including but ---------------.----------- ---------------------------------.---------------
not limited to the ringing of bells Residential All Day Sunday
or gongs and the blowing of 11 :OOpm to 7:00am Monday to Saturday
horns or sirens or whistles or -------------------------. ----------------------------------------------------
the production, reproduction or Commercial All Day Sunday
amplification by electronic 11 :OOpm to 7:00am Monday to Saturday
means except where required -------------------------- ------------.-------------------------------------
or authorized by law or in Public Park 11 :OOpm to 9:00am Sunday
accordance with good safety 11 :OOpm to 7:00am Monday to Saturday
practices.
That production of any sound or Quiet Zone At all times
noise from or created by any
radio, television, record player, --------------------------- ---------------------------------------------------
tape player, CD player, DVD Residential 11 :OOpm to 9:00am Sunday
player, amplifier, loud speaker, 11 :OOpm to 7:00am Monday to Saturday
public address system, musical ---------------------------- ---------------------------------------.-----------
instrument, which emits sound Commercial 2:00am to 7:00 am Sunday to Saturday
when the same is played or
operated in such manner or -------.------------------- ------------------------------------------------
with such volume to disturb the Public Park 11 :OOpm to 9:00am Sunday
peace, quiet, comfort or repose 11 :OOpm to 7:00am Monday to Saturday
of any person in any dwelling
unit, hotel, or other type of
residence
All selling or advertising by Quiet Zone At all times
shouting or outcry or amplified --------------------------- --------------------------------------------------
sound. Residential All day Sunday
11 :OOpm to 7:00am Monday to Saturday
-------------------------- ----------------------------------------------------
Commercial 11 :OOpm to 7:00am Sunday to Saturday
--------------------------- ---------------------------------------------------
Public Park 11 :OOpm to 9:00am Sunday
11 :OOpm to 7:00am Mondav to Saturdav
loading, unloading, delivering, Quiet Zone All day Sunday
packing, unpacking or 7:00pm to 7:00am Monday to Saturday
otherwise handling of any ---------------------------- -------------------------------------------------
containers, products, materials Residential All day Sunday
or refuse whatsoever, unless 9:00pm to 7:00am Monday to Saturday
necessary for the maintenance --------------------------- ----------------------------------------------------
of essential services or the Commercial 11 :OOpm to 7:00am Sunday to Saturday
moving of private household ---------------------------- ---------------------------------------------------
effects. Public Park All day Sunday
9:00pm to 7:00am Mondav to Saturday
The operation of any equipment Quiet Zone All day Sunday
in connection with construction. 7:00pm to 7:00am Monday to Saturday
--------------------------- ------------------------------------------------
Residential All day Sunday
9:00pm to 7:00am Monday to Saturday
--------------------------- ---------------------------------------------------
Commercial All day Sunday
9:00pm to 7:00am Monday to Saturday
------------------------- --------------------------------------------------
Public Park All day Sunday
7:00pm to 7:00am Mondav to Saturdav
The operation of a combustion Quiet Zone At all times
engine which is, or used in , or --------------------------- ------------------------------------------------
is intended for use in a toy or Residential 9:00pm to 9:00am Sunday to Saturday
model or replica of any device, -------------------------- ---------------------------------------------------
which has no function other Commercial 11 :OOpm to 9:00am Saturday to Sunday
than amusement and which is --------------------------- --------------------------------------------------
not a conveyance Public Park 9:00pm to 9:00am Sunday
9:00pm to 7:00am Mondav to Saturdav
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NOISE CREATED FROM PROHIBITED AREA PROHIBITED TIME OF DAY
THE FOllOWING
ACTIVITIES IS
PROHIBITED
The operation of any Quiet Zone At all times
motorized conveyance -------------------------- ----------------------------------------------.
other that on a highway or Residential 11 :OOpm to 9:00am Sunday
other place intended for its 11 :OOpm to 7:00am Monday to Saturday
purpose. ---------.-------------- -----------------------------------------------
Commercial 11 :OOpm to 9:00am Sunday
11 :OOpm to 7:00am Monday to Saturday
---------------------------- --------------------------------------------------
Public Park 11 :OOpm to 9:00am Sunday
11 :OOpm to 7:00am Monday to Saturday
The venting, release or Quiet Zone At all times
pressure relief of air, steam ---------------------------- -----------.-----------------------------------------
or other gaseous material, Residential 11 :OOpm to 9:00 am Sunday
product or compound from 11 :OOpm to 7:00 am Monday to Saturday
any autoclave, boiler, -------------------------- ---------------------.-.------._-------------------.
pressure vessel, pipe, Commercial 9:00pm to 9:00 am Sunday
valve, machine, device or 9:00pm to 7:00 am Monday to Saturday
system --.------------------------ ------------------------------------------------------
Public Park 9:00pm to 9:00 am Sunday
9:00pm to 7:00 am Mondav to Saturdav
The operation or use of any Quiet Zone 11 :OOpm to 9:00 am Sunday
powered or non-powered 11 :OOpm to 7:00 am Monday to Saturday
tool for domestic purposes --------------------------- --------------------------------------------------
other than snow removal Residential 9:00pm to 9:00 am Sunday
9:00pm to 7:00 am Monday to Saturday
--------------------------- ------------------------------------------------------
Commercial 9:00pm to 9:00 am Sunday
9:00pm to 7:00 am Monday to Saturday
------------------------- ------------------------------------------------------
Public Park 9:00pm to 9:00 am Sunday
9:00pm to 7:00 am Monday to Saturday
The operation of solid waste Quiet Zone 7:00pm to 9:00 am Sunday
bulk lift or refuse 7:00pm to 7:00 am Monday to Saturday
compacting equipment ---------------------------- -------------------------------------------------~-~~
Residential 11 :OOpm to 9:00 am Sunday
11 :OOpm to 7:00 am Monday to Saturday
--------------------------- -------------------~--------~----~~-~~-~~~~-~~------
Commercial 11 :OOpm to 9:00 am Sunday
11 :OOpm to 7:00 am Monday to Saturday
-------------------------- ~----~~---~-~~-~~~-~---~~~~~~-~~~-----------------
Public Park 11 :OOpm to 9:00 am Sunday
11 :OOpm to 7:00 am Mondav to Saturdav
The operation of any Quiet Zone At all times
commercial or industrial ~~-~~~~~~~~~-~~~-~~--------- ----------------------------------------------------
enterprise not covered by Residential 11 :OOpm to 9:00 am Sunday
the above items. 11 :OOpm to 7:00 am Monday to Saturday
--------------------------- ~----~~--------------------------------------------~
Commercial 11 :OOpm to 9:00 am Sunday
--------------------------- 11 :OOpm to 7:00 am Monday to Saturday
Public Park ----------------------------------------------------
11 :OOpm to 9:00 am Sunday
11 :OOpm to 7:00 am Monday to Saturday
Yelling, shouting, hooting, Quiet Zone At all times
whistling or singing ------------------------~ ------------------------------------------------~---
Residential 11 :OOpm to 9:00 am Sunday
11 :OOpm to 7:00 am Monday to Saturday
---------------------~-~-~- ----------------------------------~~-~~-------------
Commercial 11 :OOpm to 9:00am Sunday
11 :OOpm to 7:00am Monday to Saturday
~-------------------------- ----~~---~--~-~-~~~~~--------------------------------
Public Park 11 :OOpm to 9:00 am Sunday
11 :OOpm to 7:00 am Mondav to Saturdav