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3646-2023 Noise By-Law

3646-2023 Noise By-Law

BEING A BY-LAW TO PROHIBIT AND REGULATE NOISE WITHIN THE TOWNSHIP OF AUGUSTA

Passed by Council August 14, 2023


THE CORPORATION OF THE TOWNSHIP OF AUGUSTA
BY-LAW NUMBER 3646-2023
BEING A BY-LAW TO PROHIBIT AND REGULATE NOISE WITHIN THE TOWNSHIP
OF AUGUSTA

WHEREAS, Section 5(3) of the Municipal Act, 2001 SO. 2001, c.25, as amended,
provides that Councils powers shall be exercised by By-Law; and

WHEREAS Section 128 of the Municipal Act, 2001, provides that a municipality may
prohibit and regulate with respect to public nuisances, including matters that, in the
opinion of Council, are or could become or cause public nuisances; and

WHEREAS Section 129 of the MunicipalAct, 2001, provides that a
pass By-Laws to prohibit and regulate noise; and

WHEREAS Section 425 of the MunicipalAct, 2001, provides that a
create offences for the contravention of By-Laws; and

WHEREAS Section 429 of the Municipal Act, 2001, provides that a
establish a system of fines for offences; and

WHEREAS Council of the Township of Augusta deems it advisable to prohibit and regulate the making of noise within the township.

NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the
Township of Augusta enacts as follows:

1. DEFINITIONS

“Community Event” means an event open to the public, including a public fair, public
exhibition, public celebration, public sporting event, public concert, or school event.

‘Construction” means erection, alteration, repair, dismantling, demolition, structural
maintenance, land clearing, earth-moving, grading, excavating, laying of pipe and conduit
whether above or below ground level, street and highway building, application of
concrete, equipment installation and alteration ad the structural installation of
construction components and materials in any form or for any purpose, and includes any
work in connection therewith.

“Construction Equipment” means any equipment or device designed and intended for use
in construction or material handling, including but not limited to hand tools, power tools,
air compressors, pile drivers, pneumatic or hydraulic tools, bulldozers, tractors,
excavators, trenchers, cranes, forklifts, derricks, loaders, scrapers, payers, generators,
off-highway haulers or trucks ditchers, compactors or rollers, pumps, concrete mixers,
raders, and any other material handling equipment.

“Council” means the Council of the Corporation of the Township of Augusta.

“Electronic Device” means a device intended primarily for the production, reproduction or
amplification of sound, including, but not limited to, any musical instrument, radio
receiver, television receiver, recorder, phonograph, loudspeakers, amplifiers,
microphones or reproducers or any combination of such equipment, including devices
used in the reproduction of music, speech or other sounds.

“Enforcement Officer” means a municipal By-Law Enforcement Officer authorized by the
Council of the Corporation of the Township of Augusta, any member of the Ontario
Provincial Police, and any Provincial Offences Officer pursuant to the Provincial Offences
Act.

“Highway” means any common and public highway, street, avenue, parkway, driveway,
square, place, drive, bridge, viaduct or trestle, any part of which is intended for or used
by the general public for the passage of vehicles and includes the area between the
lateral property lines thereof.

“Inhabitant” means a person that live in or occupies a place.

“Motor Vehicle” means any private or commercial automobile, motorcycle, motorized
assisted bicycle, all-terrain vehicles, extreme terrain vehicle, multi-purpose oft-road
vehicle, any vehicle propelled or driven otherwise that requires a motor or engine to be
movable.

“Noise” means any sound or vibration that is of such a volume or nature that is likely to
disturb aby person in the Township.

“Outdoor Performance” means any artistic or cultural performance that is conducted in an
outdoor venue on public or private property where the amplification of sound carries
beyond the confines of the property.

“Provincial Offences” means a provincial offence that is a charge relating to a failure to
comply with certain provincial or municipal laws and By-laws under the Provincial
Offences Act.

“Persistent” means noise that is heard continuously or intermittently heard for a period of
fifteen (15) minutes or more over a period of one (1) hour.

“Person” means a person, firm, organization, agency, association, corporation, or
partnership used in the normal context of the word.

“Point of Reception” means any point on a premises where sound originating from some
other premises is received.

“Zoning By-Law” means the Council approved By-Law governing zoning in accordance
with the Planning Act, as amended.

2. GENERAL PROHIBITIONS

2.1. No person shall within the Township of Augusta emit, cause, or permit to be
emitted or caused any noise to disturb inhabitants of the Township, as set out in
Schedule A, attached hereto, that is clearly audible at a point of reception.

3. PROHIBITIONS BY TIME

3.1.No person shall, within the prohibited time shown in Schedule B, attached hereto,
emit, cause, or permit the emission of noise which is clearly audible at a point of
reception resulting from an act or emanating from a device listed in Schedule B.

4. GENERAL EXEMPTIONS

4.1.This By-Law shall not apply to a person who emits, causes, or permits the
emission of noise in connection with any of the activities listed in Schedule C,
attached hereto, of this By-Law.

5. EXEMPTION APPLICATION

5.1. Notwithstanding anything in this By-Law, any person may make an application, in
a form as approved by the Township, to request an exemption to any provision of
this By-Law. The Township may refuse to grant any such exemption or may grant
the exemption applied for or any exemption of lesser effect, and any exemption
granted shall be in the form, attached hereto, as Schedule D.

5.2. Exemption applications related to outdoor performances shall only be extended to
01:00, on Friday, Saturday, or Statutory Holidays.

5.3. A breach of any of the terms or conditions of any exemption granted by the
Township shall render the exemption null and void.

54. If the Township refuses to grant an exemption application, it may be appealed to
Council for consideration.

6. OUTDOOR PERFORMANCE

6.1. Organizers of all outdoor performances must submit an application and be
approved by the Township. Approved outdoor performances shall be in the form,
attached hereto, as Schedule D.

7. ENTRY AND INSPECTION

7.1 .An Enforcement Officer or their designate may at anytime, enter onto a property
to determine whether this By-Law is being complied with.

8. VALIDITY AND SEVERABILITY

8.1.If any section, subsection, clause, paragraph or provision of this By-Law or parts
thereof are declared by a court of competent jurisdiction to be invalid,
unenforceable, illegal or beyond the powers of Municipal Council to enact, such a
section, subsection, clause, paragraph, provision or parts thereof shall be
deemed to be severable and shall not effect the validity or enforceability of any
other provisions of the By-Law as a whole or part thereof and all other sections of
the By-Law shall be deemed to be separate and independent there from and
enacted as such.

8.2. Whenever any reference is made under this By-Law to a statute or regulation of
the Province of Ontario, such reference shall be deemed to include all
subsequent amendments to such statute or regulation and all successor
legislation to such legislation.

9. ENFORCEMENT & PENALTIES

9.1.This By-Law shall be enforced by any Enforcement Officer having jurisdiction in
the Township.

9.2. No person shall obstruct or hinder or attempt to obstruct or hinder an
Enforcement Officer, or other authorized employee or agent of the Township in
the exercise of a power or the performance of a duty under this By-Law.

9.3. In addition to any other provision of this By-Law or other remedies or recoveries
available at law, any person who contravenes any provision of this By-Law is
guilty of an offense and on conviction is liable to a fine of the maximum allowable
fine under the Provincial Offences Act.

94. In addition to any other remedy and to any penalty imposed by this By-Law, the
Township may make an order prohibiting the continuation or repetition of the
offence by the person offender, pursuant to Section 431 of the Municipal Act,
2001, as amended.

9.5. Where a person fails or defaults to carry out any direction or action required by
the Township as authorized by this By-Law, upon reasonable and written notice,
the Township may proceed to do such things or carry out such actions as directed
at the expense of the person and such expenses may be recovered by the
Township in a like manner as taxes in accordance with the provision of Section
326 of the Municipal Act, 2001, as amended.

10. Short Title

10.1. This By-Law may be referred to as the Noise By-Law”.

11.GENERAL

11.1 .That Schedules “A”, “B”, “C”, “D”, “E”, and “F” shall constitute part of this By-Law.

11.2. That this By-Law shall come into force and take effect on its passing.

Read a first, second, and third time and finally passed this 14th day of August 2023.

Signed by Mayor Jeff Shaver and Clerk Annette Simonian

 

BY-LAW 3646-2023
SCHEDULE A
GENERAL PROHIBITIONS

No person shall emit, cause, or permit the emission of noise resulting from an act listed
below, which is clearly audible at point of reception:

1. The operation of any electronic device or group of connected electronic devices
incorporating one or more loudspeakers, and intended for the production,
reproduction, or amplification of sound.

2. The operation of any construction equipment, combustion engine or pneumatic
device without an original equipment manufacturer specification exhaust or intake
muffling device in good working order and in constant operation.

3. Revving of any motor vehicle engine except as required for by a licensed
mechanic at a place of business for automotive repair.

4. 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.

5. Residential domestic activities that produce sound of such nature that is
unwanted, on-going, persistent, unusual, repetitive, a public nuisance that disturbs
a person at a point of reception.

6. Persistent barking, calling, or whining of any domestic pet or any animal except for
dogs which is regulated under By-Law Respecting the Regulation, Control,
Protection, and Identification of Dogs within the Township of Augusta.

BY-LAW 3646-2023
SCHEDULE B
PROHIBITIONS BY TIME

1.The operation of any construction equipment in connection with construction. Monday to Friday 23:00 to 7:00, Saturday and Sunday 23:00 t0 09:00.

2. The operation of any powered or non-powered tool for domestic purpose other than snow removal. Monday to Friday 23:00 to 7:00, Saturday and Sunday 23:00 to 09:00.

3. Racing of motor vehicles other than in a racing event regulated by By-Law. At any time.

4. The operation of a motor vehicle in such a way that the tires squeal. At any time.

5. The operation of any combustion engine, pneumatic device or construction equipment without an effective exhaust or intake muffling device in good working order and in constant operation. At any time.

6. The operation of a motor vehicle resulting in banging, clanking, squealing or other like sounds. At any time.

7. The operation of an engine or motor, or on, any motor vehicle or time of attached auxiliary equipment for a continuous period exceeding five (5) minutes, while such vehicle station in a residential area unless: 

i. The original equipment manufacturer specifically recommends a longer idling period of normal and
efficient operation of the motor vehicle in which case such recommended period shall not be
exceeded.

ii. The operation of such engine or motor is essential to a basic function of the vehicle or equipment
including but not limited to operation of a ready mix concentre truck, lift platforms, refuse compactors and heat exchange systems normal operation.

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.

iv. Prevailing low temperatures make longer idling periods necessary immediately after starting the
motor or engine.

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. At any time.

8. The operation of any electronic device or group of connected electronic devices incorporating one or more loudspeakers or other electro-mechanical transducers and intended for the production, reproduction of amplification of sound in such a manner as to disturb the peace and comfort of a person or persons at the point of reception. At any time.

9. The sound of any bell, steam or air whistle, horn, siren or signal device on or off a vehicle. At any time.

10. The selling or advertising by shouting or loud speaking. At any time.

11. The persistent sound of keeping of any animal or bird with the exception of dogs which is regulated under By-Law Respecting the Regulation, Control, Protection, and Identification of Dogs within the Township of Augusta. At any time.

12. Persistent yelling and shouting, whistling, and singing. At any time.

BY-LAW 3646-2023
SCHEDULE C
GENERAL EXEMPTIONS

The emission of noise in connection with the following activities are considered exempt
from the provisions of this By-Law:

1. Emergency measurers undertaken for the immediate health, safety, or welfare of
the inhabitants for the preservation or restoration of property.

2. Sirens or noise associated with emergency services, essential services, and all
other activities conducted by the Township, the Province of Ontario, Government
of Canada, any utility provider, or their agents associated with the provisions of
maintenance of essential services.

3. The activities of snow plowing and/or snow removal.

4. Measures undertaken where the township, its servants, employees, contractors or
agents are carrying out Township operations or operating, maintaining, or
installing Township-owned infrastructure, facilities, or the like

5. Audible pedestrian signals.

6. The performance of any use permitted in a Commercial or Industrial zone, and
further that the noise generated is pursuant to work done in the normal manner or
in order to maintain continuous operation, and that the work does not contravene
any federal, provincial, or municipal laws or regulations.

7. The use of church bells, chimes or carillons normally associated with religious,
traditional, and festive activities and the ringing of bells, blowing, or sounding of
any horn, yelling, shouting, hooting, or hollering at a sanctioned sporting event
during permitted times.

8. Noise related to activities permitted under a Township approved exemption
application.

9. Aircraft, airports, trains, and railways subject to regulation by the Government of
Canada.

10. Generators due to power outages or required testing.

11.Activities and noise as part of a community event.

12.Approved outdoor performances.

13. Normal farm practices in accordance with the Farm Practices Protection Act and
any amendments thereto.

14.Township sanctioned events and activities.

15. The operation of excavation equipment when used in a cemetery in conjunction
with internment services.

BY-LAW 3646-2023
SCHEDULE D
TEMPORARY EXEMPTION APPLICATION

Application for temporary exemption permit to the Noise By-Law.

Applicant’s Name:

Applicant’s Address:

Applicant’s Phone Number:________________________________

Applicant’s Email:________________________________

Group or Organization:________________________________________________

Event Type: ________________________________

Date, Time, and Location of Event:___________________________________________

Description of Event — Include the source of sound in respect of which the exemption is
being requested:

 

 

 

 

THE CORPORATION OF THE TOWNSHIP OF AUGUSTA
BY -LAW 3646-2023
A BY-LAW TO PROHIBIT AND REGULATE NOISE
SCHEDULE E – FEES

1.Exemption Application – Per Event = $25.00

 

THE CORPORATION OF THE TOWNSHIP OF AUGUSTA
BY -LAW 3646-2023
A BY -LAW TO PROHIBIT AND REGULATE NOISE
SCHEDULE F – FINES

fines page 01

fines page 02

fines page 03

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