Noise By-Law

This is a transcription of By-law 57-2024 for convenience only and should not be treated as a true copy. To request a copy of the signed version of the by-law, please contact the municipal office. Where a discrepancy exists between this transcription and the official copy, the official copy will prevail.

By-Law No. 57-2024 Being a by-law to provide for the regulation and prohibition of certain noises and sounds

Whereas the Municipal Act, 2001, as amended, provides under Section 11(3) that a lower-tier municipality may pass by-laws for prohibiting noises and sounds; and,

Whereas the Municipal Act, 2001, as amended provides under section 429(1) that subject to subsection (4), a municipality may establish a system of fines for offences under a by-law of the municipality passed under this Act; and,

Whereas Council of the Corporation of the Municipality of Bluewater deems it necessary to regulate or prohibit certain noises and sounds which are likely to disturb inhabitants; and,

Whereas Council of the Corporation of the Municipality of Bluewater deems it expedient to include provisions that permit the laying of fines under the Provincial Offences Act; and,

Now therefore the Council of the Corporation of the Municipality of Bluewater enacts as follows:

Schedule "A" to By-law number 57-2024: Noise By-law

1. Definitions

"Ambient" means a sound in relation to the immediate surroundings of something. An example is the background noise present at a given scene or location.

"Construction" means 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 of alteration, 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 or 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.

"Commercial" means real property, a geographic area or urban area containing commercial business units.

"Electronic or auditory device" means any radio, phonograph, public address system, sound equipment, loudspeaker, horn, or similar device or devices, or any musical or sound-producing equipment or whatever kind, when such device or instrument is played or operated.

"Highways" means a common and public highway, street, avenue, parkway, driveway, square, place, bridge, viaduct or trestle designed 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.

"Manager" means the Manager of Development Services or designate.

"Motor Vehicle" means an automobile, motorcycle, motor-assisted bicycle unless otherwise excluded by the Highway Traffic Act and any other vehicle propelled or driven otherwise than by muscular power but does not include motor vehicles running only upon rails; traction engine farm tractor; self-propelled implement of husbandry or road-building machine within the meaning of the Highway Traffic Act.

"Residential" means real property, a geographic area or urban area containing recreational and private dwellings or dwelling units.

"Rural" means real property, a geographic area or areas outside of Settlement Areas.

"Officer" means a Chief Building Official, Building Inspector, By-law Enforcement Officer or Municipal Law Enforcement Officer as appointed by the Council of the Municipality.

"Point of Reception" means any point where sound or vibration originating from a location other than that point is received.

2. Prohibitions by Time and Place

2.1. No person shall emit or cause sound resulting from an act listed in Schedule "B" if clearly audible at a point of reception located in an area of the Municipality within a prohibited time shown for such an area.

2.2. Form of Complaint

2.3. Complaints must be submitted to the Manager as desired by the current By-law Enforcement Policy.

3. Exemptions

3.1 Industrial Exemption

Notwithstanding any other provisions of the by-law, this by-law does not apply to a person or industry that emits or causes or permits the emission of sound or vibration in connection with an established industrial function or operation.

3.2 Agriculture Exemption

Notwithstanding any other provision of the by-law, this by-law does not apply to a person or normal farm practice that emits or causes or permits the emission of sound or vibration in connection with an established agricultural function or operation.

3.3 Public Celebration, Election or Gathering Exemption

Notwithstanding any other provisions of the by-law, this by-law does not apply to the use in a reasonable manner of any apparatus or mechanism for the amplification of the human voice or of music in a public park or any other commodious space in connection with any public election meeting, public celebration or other lawful gathering, provided written permission of the Municipality has first been obtained.

3.4 Parade-Band Exemption

Notwithstanding any other provisions of the by-law, this by-law does not apply to any military or other band or to a parade operating under written permission from the Municipality.

3.5 Fairs Exemption

Notwithstanding any other provisions of the by-law, this by-law does not apply to operation of a combustion engine in conjunction to the reasonable use of any amusement ride at a Fair or Event operating under written permission from the Municipality.

3.6 Emergency Vehicle-On Duty Exemption

Notwithstanding any other provisions of the by-law, this by-law does not apply to any vehicle of emergency services (police, fire, ambulance) or any public service or emergency vehicle including that of the Municipality of Bluewater while answering a call or carrying out their duties.

3.7 Commercial Establishments (Licensed Premises) Exemption

Licensed premises for the sale of alcoholic beverages will be governed by the permitted hours of sale in the terms of their license and business permits within the inside of the building.

4. Grant of Exemption by Council

4.1 Council may, by resolution, upon receipt of written application, grant an exemption to provisions of the by-law for a specified period not to exceed 6 (six) months, subject to such terms and conditions as deemed advisable.

4.2. Form of Application

4.2.1 The application shall be made in writing, at least 60 days prior to the proposed date of the event, and shall include:

4.2.2. The name and contact information of the applicant;

4.2.3. The location of the premises where the exemption is being sought;

4.2.4. The period of time for which the exemption is being sought, including a rain date or alternative date in case of inclement weather;

4.2.5. A description of the type or source of the sound in respect of which an exemption is being sought;

4.2.6. A statement of the provision or provisions of the by-law from which the exemption is being sought; and,

4.2.7. The reasons why the exemption should be granted.

4.3 Exemption - circulation for public comment

Upon receipt of an application for exemption by the Municipality, the Manager shall notify the owners of lands within the vicinity of the requested exemption, indicating the date and time on which Council will consider the request for exemption. The notice will outline the details of the exemption request. The notice will request that comments or concerns about the request for exemption be in written form and addressed to the Clerk.

4.4 Notice to Officer

A copy of the application shall be provided to the Officer who will prepare a report to Council which also includes details of any complaint history or corrective measures taken to date.

4.5 Procedure

In deciding whether to grant the exemption, Council will review the application, the report, any written submissions and grant the applicant and any person opposed to the application an opportunity to speak in accordance with the Procedural By-law.

4.6 Exemption - appeal of decision

If an exemption is denied by Council, the applicant may appeal the decision within 10 business days of the written decision provided by the Clerk. The appeal must be made in writing and addressed to the Clerk. Council shall consider the appeal at a regularly scheduled meeting of Council.

4.7 Breach of Provisions of Exemption

Where an exemption is granted, any breach of the terms or conditions renders the exemption null and void.

5. Enforcement

5.1 Every person who contravenes a section of this by-law is upon conviction guilty of an offence and upon conviction is liable to a fine as provided under the Provincial Offences Act and as set out in Schedule "C" Set Fines, of this by-law.

5.2 An Officer shall enforce the provisions of this by-law.

6. Severability

It is declared that notwithstanding that any section or sections of this by-law, or parts thereof, may be found by any court of law to be bad or illegal or beyond the power of the Council to enact, such section, or sections or parts thereof shall be deemed to be severable and that all other sections or parts of this by-law are separate and independent from each other and enacted as such.

7. Conflict

In the event of a conflict between the provisions of this by-law and the Highway Traffic Act, the Highway Traffic Act will prevail.

Schedule "B" to By-law number 57-2024: Noise By-law

Schedule "C" to By-law number 57-2024: Noise By-law

Part 1 - Provincial Offences Act, Set Fines Schedule

NOTE: The general penalty section for the offences cited above is Section 2.1 of the By-law Number 57-2024, a certified copy of which by-law has been filed.