HomeMy WebLinkAboutBy-law No. 2001-057 T.P.E CORPORATION OF
THE 1V :.TN" IPALITY OF BAIiM
BY-LAW #2001 - 57
BEING A BY-LAW TO REGULATE AND CONTROL NOISES
WHEREAS it is expedient to exercise the power conferred upon the Council by
The Environmental Protection Act, R.S.O. 1990, Chapter E.19, as amended, 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 tranquillity 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 Municipality of
Bayham enacts as follows:
1. INTERPRETATION
In this By-law,
(a) "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;
(b) "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;
(c) "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"means the Council of the Corporation of the Municipality of
Bayham;
(e) "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;
(f) "Minister" means Minister of the Environment;
(g) "Ministry"means Ministry of the Environment;
(h) "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;
(i) "Motorized Conveyance"means a conveyance propelled or driven
otherwise than by muscular, gravitational or wind power;
(j) "Municipality"means the land within the geographic limit of the
Municipality of Bayham;
(k) "Noise"means unwanted sound;
(1) "Noise Cantrol Officer"means the by-law enforcement officer
designated by Council as responsible;
(m) "Point of Reception"means any point on the premises of a person where
sound or vibration originating from other than those premises is received;
(n) "Premises" means building and lands appurtenant thereto.
2. ZONES
In this by-law,
(a) "Residential Area"means those areas zoned residential in the
Corporation of the Township of Bayham Zoning By-laws; and in the
Corporation of the Village of Vienna Zoning By-laws; and in the
Corporation of the Village of Port Burwell Zoning By-laws, and any
amendments thereto;
(b) "Quiet Zone"means those areas zoned institutional in the Corporation of
the Township of Bayham Zoning By-laws; and in the Corporation of the
Village of Vienna Zoning By-laws; and in the Corporation of the Village
of Port Burwell Zoning By-laws,and any amendments thereto;
(c) "Open Space Areas"means those areas zoned open space in the
Corporation of the Township of Bayham Zoning By-laws; and in the
Corporation of the Village of Vienna Zoning By-laws; and in the
Corporation of the Village of Port Burwell Zoning By-laws, and any
amendments thereto;
(d) "Business Zone"means those areas zoned business and/or commercial
and/or industrial in the Corporation of the Township of Bayham Zoning
By-laws; and in the Corporation of the Village of Vienna Zoning By-laws;
and in the Corporation of the Village of Port Burwell Zoning By-laws, and
any amendments thereto;
(e) "Agricultural Zone"means those areas zoned agriculture in the
Corporation of the Township of Bayham Zoning By-laws; and in the
Corporation of the Village of Vienna Zoning By-laws; and in the
Corporation of the Village of Port Burwell Zoning By-laws, and any
amendments thereto.
3. GENERAL PROHIBITIONS
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:
3.11.1 Racing of any motorized conveyance other than in a racing event
regulated by law.,
3.11.2 The operation of a motor vehicle in such a way that the tires
squeal.
3.11.3 The operation of any combustion engine or pneumatic device
without proper exhaust or intake muffling devices meeting
specifications of the manufacturer in good working order and in
constant operation.
3.11.4 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.
3.11.5 The operation of an engine or motor in, or on, any motor vehicle or
item of attached auxiliary equipment for a continuous period
exceeding five minutes,while such vehicle is stationary in a
Residential Area or a Quiet Zone unless:
(i) 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;
(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,
3.11.6 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.
3.11.7 The operation of any item of construction equipment in a Quiet
Zone or Residential Area without effective muffling devices in
good working order and in constant operation.
4 PROHIBITION BY TIN1E AND PLACE
No person shall emit or permit the emission of sound resulting from an 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.
5 EXEMPTION
5.11.1 Public Safety
Notwithstanding any other provision of the 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.
5.11.2 Agricultural Activity
Notwithstanding any provisions of this by-law, it shall be lawful to
emit or cause to permit the emission of sound or vibration in connection
with the operation of any equipment, apparatus or device used in
agriculture for food crop seeding, chemical spraying or harvesting.
• 6 GRANT OF EXE1VlPTION BY COUNCIL
6.11.1 Application to Council
Notwithstanding anything contained in 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(6)months, during which it is
effective and may contain such terms and conditions as Council sees fit.
6.11.2 Details of Application for Exemption
The application mentioned in subsection 6.1 shall be made in
writing, in duplicate, and shall contain:
(a) the name and address of the applicant;
(b) a description of the source of sound or vibration in respect of which
exemption is sought;
(c) a statement of the particular provision or provisions of the by-law from
which exemption is sought;
(d) the period of time, of a duration not in excess of six (6)months, for which
the exemption is sought;
(e) the reasons why the exemption should be granted;
(f) a statement of the steps, if any,planned or presently being taken to bring
about compliance with the by-law; and
(g) proof of publication within the preceding ten(10) days, in a newspaper of
general circulation within the Municipality, of a notice of intention to
apply for an exemption to this by-law,containing the information required
by clauses (a)through(e) hereof, and further stating the date upon which it
is intended that application will be made to Council.
6.11.3 Noise Control Officer
Council shall cause one (1) copy of the application for exemption
to be delivered to the Noise Control Officer and he shall prepare a report
to Council forthwith, stating his opinion of the merits of the application
and his recommendations as to terms and conditions which, in his opinion,
should be imposed upon the applicant if the exemption is granted and
Council will not consider the application for exemption until it has
received the report of the Noise Control Officer.
6.11.4 Report
The Noise Control Officer shall forward a copy of his report to the
applicant at the address shown on the application by prepaid registered
mail and shall, not sooner than two (2) weeks after the mailing of the
report to the applicant, submit the report to Council and shall, on request,
make his report available for public inspection.
6. 1.5 Decision
In deciding whether to grant the exemption, Council shall consider
the application, the report of the Noise Control Officer and any written
submission then received by Council and made by the applicant after
receipt of the report of the Noise Control Officer and the Council may
consider such other matters as it sees fit.
6.11.6 Breach
Breach by the applicant of any of the terms or conditions of the
exemption shall render the exemption null and void.
7 EXEMPTION OF TRADITIONAL, FESTIVE OR RELIGIOUS LIGIOUS ACTIVITIES
Notwithstanding any other provision 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 similar
activities:
(a) activities necessary for construction and maintenance of public works;
(b) activities sponsored or approved by the Municipality;
(c) activity or service club that is operating for fund raising purposes for
community benefit as may be approved by the Municipality;
(d) any parade duly authorized by Council;
(e) any fireworks display duly authorized by Council;
(f) any fireworks display safely detonated on private property on festive
holidays such as Victoria Day (May), Canada Day(July) and New Years
Eve.
8 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 ox 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.
9 PENALTY
Every person who contravenes any of the provisions of this by-law is guilty of an
offence and upon conviction is liable to a fine as provided in the Provincial
Offences Act, as amended from time to time.
READ a first and second time this 71-4 day of June 2001.
READ a third time and finally passed this day of June 2001.
.4111,
Mayor e1 rk
THIS BY-LAW is approved pursuant to the zsi ns of the Environmental
Protection Act, at Toronto Ontario this dr of
AF
"dr
Minister of the Environment
MAY 0 9 2002
PROHIBiT;i®NS BY TIME AND PLACE
TABLE 3-1
PROHIBITED PERIOD OF TIME:
QUIET ZONE RESIDENTIAL OPEN SPACE BUSINESS AGRICULTURAL
AREA AREA ZONE ZONE
1. The At all times. At all times. At all times. At all times. At all times.
detonation of
fireworks
except as noted
in 7(c)&7(f),
or explosive
devises not
used in
construction.
2. The ' At all times. At all times. At all times. At all times. Not Applicable_
discharge of
firearms.
3. The At all times. At all times. 9 p.m. --9 a.m. At all times. 9 p.m. —9 a.m.
operation of a
combustion
engine which,
(a) is, or,
(b) is used in,
or
(c) 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 At all times. 11 p.m.-7 a.m. 11 p.m.-7 a.m. 11 p.m.—9 a.m. 11 p.m.—7 a.m.
operation of
any electronic
device or group
of connected
electronic
devices
incorporating
one or more
loudspeakers
or other
electromechani
cal transducers
and intended
for the
production,
reproduction or
amplification
of sound.
PROHIBITED PERIOD OF TIME:
QUIET ZONE I RESIDENTIAL OPEN SPACE BUSINESS AGRICULTURAL
/ AREA AREA ZONE ZONE
5. The At all times. At all times. At all times. At all times. At all times.
operation of
any auditory
signaling
devices,
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 At all times. At all times. Not Midnight �At all times.
operation of Applicable. 7 a.m.
any powered
rail car
including but
not limited to
refrigeration
cars,
locomotives or
self-propelled
passenger cars,
while
stationary on
property not
owned or
controlled by a
railway
governed by
the Canada
Railway Act.
7. The At all times. At all times. Not At all times. Not Applicable.
operation of Applicable.
any motorized
conveyance
other than on a
highway or
other place
intended for its
operation.
8. Racing of At all times. At all times. 10 p.m.—9 a.m. At all times. Not Applicable.
any motorized
conveyance at
a racing
facility.
PROHIBITED PERIOD OF TIME:
QUIET ZONE RESIDENTIAL OPEN SPACE BUSINESS AGRICULTURAL
AREA AREA ZONE ZONE
9. The At all times. At all times. At all times. At all times. At all times.
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.
10. Persistent At all times. At all times. At all times. At all times. At all times.
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.
11. The At all times. At all times. 11 p.m.—7 a.m. 11 p.m.—7 a.m. Not Applicable.
operation of a
commercial car
wash with or
without air
drying
equipment.
12. Yelling, At all times. 11 p.m,—7 a.m. 11 p.m.-7 a.m. 11 p.m.-7 a.m. 11 p.m. —7 a.m.
shouting,
hooting,
whistling or
singing.
13. The At all times. At all times. Not At all times. Not Applicable.
operation of a Applicable.
power assisted
hang glider or
parafoil.
14. The At all times. At all times. Not Not Not Applicable.
operation of Applicable. Applicable.
any item of
snow making
equipment.
15. All selling At all times. 7 p.m.—7 a.m. Not 7 p.m.—7 a.m. 7 p.m.—7 a.m.
or advertising Applicable.
by shouting or
outcry or
amplified
sound.
PROHIBITED PERIOD OF TIME:
QUIET ZONE RESIDENTIAL 1OPEN SPACE BUSINESS AGRICULTURAL
1 '
AREA . AREA ZONE ZONE
16. Loading, 11 p.m.—7 a.m. 11 p.m.—7 a.m. I Not Not 11 p.m.—7 a.m.
unloading, I Applicable. Applicable.
delivering,
packing,
unpacking,or
otherwise
handling any
containers,
products,
materials,or
• refuse,
whatsoever,
unless
necessary for
the
maintenance of
essential
services.
17. The 8 p.m.—7 a.m. 8 p.m.—7 a.m. 8 p.m.—9 a.m. 8 p.m.—7 a.m. 8 p.m.—7 a.m.
operation of
any equipment
in connection
with
construction.
18. The 11 p.m.—7 a.m. 11 p.m.—7 a.m. -Not Not Not Applicable.
operation or Applicable. Applicable.
use of any tool
for domestic
purposes other
than snow
removal.
19. The 7 p.m.—7 a.m. 7 p.m.—7 a.m. Not Not Not Applicable.
operation of Applicable. Applicable.
solid waste
bulk lift or
refuse
compacting
equipment.
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September 24, 2003 �-'
Ms. Carol Judd, Assistant By-law Enforcement Officer i, :. t '':-. '
Municipality of Bayham L )(Lf _EjOS"~
i
PO Box 160, 9344 Plank Road
Straffordville, Ontario NOJ 1Y0
Dear Ms. Judd:
Re: Set Fines -Provincial Offences Act-Part I
By-law Number 2001-57 As Amended of the Municipality of Bayham
Enclosed herewith is a copy of an Order,and a copy of a schedule of set fines for the
above referenced By-Law, the By-law indicated in the schedule.
The setting of the fines does not constitute my approval of the short form of
wording used to describe the offences.
I have forwarded the original of the Order and the schedule of the set fines to the
Ontario Court of Justice in St.Thomas,together with a certified copy of the By-law.
Yours truly,
ik.----------
Alexander M. Graham
Regional Senior Justice
West Region
Enclosures
rec
ONTARIO COURT OF JUSTICE
PROVINCIAL OFFENCES ACT
PART I
IT IS ORDERED pursuant to the provisions of the Provincial Offences Act and the
rules for the Ontario Court of Justice that the amount set opposite each of the
offences in the schedule of offences under the Provincial Statutes and Regulations
thereunder and Municipal By-law No.2001-57 As Amended of the Municipality of
Bayham, attached hereto is the set fine including costs, for those offences. This
Order is to take effect September 24,2003.
Dated at London this 24th day of September, 2003.
Alexander M. Graham
Regional Senior Justice
West Region
•
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
SET FINE SCHEDULE
PART 1 Provincial Offences Act
For By-Law#2001- 57
Being a By-law to Regulate and Control Noises
Amended by By-law#2001-064&By-law#2003-057
ITEM: COLUMN 1: COLUMN 2: COLUMN 3:
Short Form Wording Provision Creating or Set Fine
Defining Offence Includes Costs
1 Emit sound caused by racing of motorized conveyance. Section 3.11.1 $105.00
2 Permit emission of sound caused by racing of motorized Section 3.11.1 $105.00
conveyance.
3 Emit sound caused by operation of engine without muffing Section 3.11.3 $105.00
device.
4 Permit emission of sound caused by operation of engine Section 3.11.3 $105.00
without muffing device.
5 Emit sound caused by operation of vehicle. Section 3.11.4 $105.00
6 Permit emission of sound caused by operation of vehicle. Section 3.11.4 $105.00
7 Emit sound caused by motor vehicle or equipment for Section 3.11.5 $105.00
more than 5 minutes.
8 Permit emission of sound caused by motor vehicle or Section 3.11.5 $105.00
equipment for more than 5 minutes.
9 Emit sound caused by horn or warning device. Section 3.11.6 $105.00
10 Permit emission of sound caused by horn or warning Section 3.1L6 $105.00
device.
11 Emit sound caused by construction equipment without Section 3.11.7 $105.00
muffling device.
12 Permit emission of sound caused by construction Section 3.11.7 $105.00
equipment without muffling device.
13 Emit sound caused by detonation of fireworks. Section 4 $105.00
Table 3-1 (1)
14 Permit emission of sound caused by detonation of Section 4 $105.00
fireworks. Table 3-1 (1)
i •
Noise Control By-law#2001-57 Municipality of Bayham
Amended By By-law#2001-064&By-law#2003-057
ITEM : COLUMN 1: COLUMN 2: COLUMN 3:
Short Form Wording Provision Creating or Set Fine
Defining Offence Includes Costs
27 Emit sound caused by release of air, steam or gas. Section 4 $105.00
Table 3-1 (9)
28 Permit emission of sound caused by release of air, steam or Section 4 $105.00
gas. Table 3-1 (9)
29 Emit sound caused by domestic animals. Section 4 $105.00
Table 3-1 (10)
30 Permit emission of sound caused by domestic animals. Section 4 $105.00
Table 3-1 (10)
31 Emit sound caused by yelling or singing. Section 4 $105.00
Table 3-1 (12)
32 Permit emission of sound caused by yelling or singing. Section 4 $105.00
. r
Table 3-1 (12)
33 Emit sound for selling or advertising. Section 4 $105.00
Table 3-1 (15)
34 Permit emission of sound for selling or advertising. Section 4 $105.00
Table 3-1 (15)
35 Emit sound caused by loading, unloading, of materials. Section 4 $105.00
Table 3-1 (16)
36 Permit emission of sound caused by loading, unloading of Section 4 $105.00
materials. Table 3-1 (16)
37 Emit sound caused by operation of construction equipment. Section 4 $105.00
Table 3-1 (17)
38 Permit emission of sound caused by operation of Section 4 , $105.00
construction equipment. Table 3-1 (17)
39 Emit sound caused by operation of domestic tools. Section 4 $105.00
Table 3-1 (18)
40 Permit emission of sound caused by nnr ntinn of rinmpctir. Cpr:t;nn a ttt nc nn