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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. ' , ; :..7! .:: sA l'''',-..F iticncE rrZ )0, . :„...i. v!iju..,.r.!::,.,,,.....;.,:„..,„..„ . . . „ .....- , , , -,,-„,:.,. ., ,.r ; , ,,:,,i,:„ ,,,,f.:„. : ; i,f,..,.:. ,.. ,:.,.„.,,„,,.. ..,..„-,41, .',L.',1`.:,:'! LI! !'''Iv 11 • r I i. I. tr'H',;it1 _t.tPF CN— ;, -j t6:,:-:. i.. ,I _..1r'Icl,,: i.:,+.).-C.!-:,1.!i! C°7^ r 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