By Laws of North Frontenac
Whoever Tammy is she should read this.
Refused to send bylaw officer, take the complaint, or call authorities.
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BY-LAW ??-08
SCHEDULE “A”
NOISE REGULATION AND PROHIBITION BY-LAW
INDEX
SECTION PAGE
1. DEFINITIONS................................................................................................2
2. APPLICATION.............................................................................................. 4
3. ADMINISTRATION....................................................................................... 4
4. REGULATIONS............................................................................................ 4
5. EXEMPTIONS............................................................................................... 4
6. SCHEDULES................................................................................................ 5
7. OFFENCE AND PENALTY PROVISIONS................................................... 5
8. ENFORCEMENT...........................................................................................5
9. VALIDITY...................................................................................................... 5
10. EFFECTIVE DATE........................................................................................ 6
11. SCHEDULE I – GENERAL NOISE PROHIBITIONS.................................... 7
12. SCHEDULE II – NOISE PROHIBITIONS BY TIME AND PLACE................ 9
13. SCHEDULE III – EXEMPTIONS FROM THE NOISE PROHIBITIONS.........11
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SCHEDULE “A”
NOISE REGULATION AND PROHIBITION BY-LAW POLICY
1. DEFINITIONS:
In this by-law:
“Agricultural property”
means a property that is zoned for agricultural use in
the zoning by-law that applies to the property;
“
Construction”
includes erection, alteration, repair, dismantling, demolition,
structural maintenance, painting, moving, land clearing, earth moving, grading,
excavation, blasting and detonation of explosive devices other than fireworks, 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 associated or related work;
“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, trucks, ditchers, compactors and rollers, pumps, concrete
mixers, graders or other material handling equipment;
“Clearly audible”
shall mean a noise level that a reasonable person would, in
all of the circumstances, consider to be excessive, or unnecessary, or intrusive,
or disturbing or unacceptable;
“Council”
means the Council of the Corporation of the Township of North
Frontenac;
“Emergency”
means a situation or an impending situation, often dangerous,
caused by the forces of nature, an accident, an intentional act or otherwise,
which arises suddenly and calls for prompt action;
“Emergency vehicle”
includes a land ambulance, an air ambulance, a fire
department vehicle, and a motor vehicle being used to respond to an emergency;
“Livestock”
includes, but is not limited to chickens, turkeys or other fowl, swine,
goats, sheep or cattle;
“Motor vehicle”
includes an automobile, bus, truck, motorcycle, motor assisted
bicycle and any other vehicle propelled or driven other than by muscular power,
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but does not include a motorized snow vehicle, traction engine, farm tractor,
other farm vehicle or road-building machine;
“Municipal service vehicle”
means a vehicle operated by or on behalf of the
Township while the vehicle is being used for the construction, repair or
maintenance of a highway, including the clearing and removal of snow, the
construction, repair or maintenance of a utility, the collection or transportation of
waste, or other municipal purpose;
“Municipality”
means the Corporation of the Township of North Frontenac;
“Noise”
means sound that is unusual or excessive, or that is unwanted by or
disturbing to persons;
“Other areas”
means any area other than a residential area as defined in the
municipality’s zoning by-law;
“Person”
includes a corporation as well as an individual;
“Point of reception”
means any point on a premises where noise from other
than those premises is received;
“Premises”
means a piece of land and any buildings and structures on it, and
includes a place of business, road, and any other location or place;
“Residence”
means a room, suite of rooms, or dwelling, including a mobile
trailer, operated as a housekeeping unit that is used or intended to be used as a
separate domicile by one or more persons, and that normally contains cooking,
eating, living, sleeping and sanitary facilities;
“Residential area”
means any area of the Municipality that is zoned residential
in the Zoning By-Law of the Municipality;
“Road”
includes a public highway, private road, lane, pathway and sidewalk;
“
Township”
means the Corporation of the Township of North Frontenac;
“Utility”
means a system that is used to provide a utility service to the public,
including water, sewage, electricity, gas, communications networks and cable
services;
“Utility service vehicle”
means a vehicle operated by or on behalf of the
Township of North Frontenac and by any other company or agency that supplies
or manages a utility within the Municipality while the vehicle is being used for the
construction, repair or maintenance of that utility;
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“Vehicle”
includes a motor vehicle, trailer, traction engine, farm tractor, roadbuilding
machine and other vehicle propelled or driven other than by muscular
power; and
“Zoning by-law”
means a by-law passed under section 34 of the Planning Act
that restricts the use of land.
2. APPLICATION
2.1 The general prohibitions on activities described in Schedule I apply to the
lands within the Township of North Frontenac.
2.2 The prohibitions on activities by time and place described in Schedule II
apply to the lands within the Township of North Frontenac.
3. ADMINISTRATION
3.1 All provincial offences officers with authority to enforce the by-laws of the
Township of North Frontenac are responsible for enforcing the provisions
of this by-law.
3.2 Any person may submit an application to the Township of North Frontenac
requesting an exemption from any of the prohibitions described in
Schedules I and II.
3.3 If Council approves the application, the exemption will be in effect for the
dates specified, and Council may impose any conditions that it considers
appropriate.
3.4 An exemption shall be invalid if these conditions are contravened.
4. REGULATIONS
4.1 No person shall, at any time, make, cause or permit the making of noise
within the Township of North Frontenac that is the result of any of the
activities described in Schedule I and that is audible to:
(1) a person in a premises or a vehicle other than the premises or
vehicle from which the noise is originating; or
(2) a person in a residence other than the residence from which the
noise is originating.
5. EXEMPTIONS
5.1 The prohibitions described in Schedules I and II do not apply if the noise
is the result of measures undertaken in an emergency for the:
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(1) immediate health, safety or welfare of the inhabitants; or
(2) preservation or restoration of property;
unless the noise is clearly of a longer duration or of a more disturbing
nature than is reasonably necessary to deal with the emergency.
5.2 The prohibitions described in Schedules I and II do not apply if the noise
is the result of any of the activities described in Schedule III.
5.3 The prohibitions described in Schedules I and II do not apply if the noise
is the result of an activity that has been granted an exemption under
section 3.3.
6. SCHEDULES
The following schedules are attached to and form part of this by-law:
Schedule I - General Noise Prohibitions;
Schedule II - Noise Prohibitions by Time and Place; and
Schedule III - Exemptions from the Noise Prohibitions.
7. OFFENCE AND PENALTY PROVISIONS
7.1 Any person who contravenes the provisions of this by-law is guilty of an
offence and, upon conviction, is subject to a fine as provided in the
Provincial Offences Act
and to any other applicable penalties.
7.2 If this by-law is contravened and a conviction entered, the court in which
the conviction has been entered and any court of competent jurisdiction
thereafter may, in addition to any other remedy and to any penalty that is
imposed, make an order prohibiting the continuation or repetition of the
offence by the person convicted.
8. ENFORCEMENT
8.1 This by-law shall be enforced by the By-Law Enforcement Officers of the
Municipality.
9. VALIDITY
9.1 If a court of competent jurisdiction declares any provision, or any part of a
provision, of this by-law to be invalid, or to be of no force and effect, it is
the intention of Council in enacting this by-law that each and every
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provision of this by-law authorized by law be applied and enforced in
accordance with its terms to the extent possible according to law.
10. EFFECTIVE DATE
10.1 This by-law comes into effect the day that it receives the third reading and
is passed.
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SCHEDULE I
NOISE REGULATION AND PROHIBITION BY-LAW
GENERAL NOISE PROHIBITIONS
No person shall emit, cause or permit the emission of noise resulting from an act
listed herein, and which noise is clearly audible at a point of reception:
1. Operation of a motor vehicle or motorized snow vehicle in a race other than in a
racing event regulated by by-law.
2. Operation of a motor vehicle in such a way that the tires squeal.
3. 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.
4. Operation of a vehicle in a manner that results in banging, clanking, squealing or
similar sounds because of inadequate maintenance or an improperly secured
load.
5. Operation of a horn of a vehicle or other warning device except where required or
authorized, or in accordance with good safety practice.
6. Operation of any outdoor auditory signaling device, including but not limited to
outdoor paging systems, the ringing of bells or gongs, the use of sirens, whistles
or chimes, 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 practice.
7. Persistent barking, calling or whining or other similar persistent noise-making by
animals and birds kept as household pets.
8. Selling or advertising by shouting, yelling or amplified sound.
9. Unauthorized setting off of fireworks.
10. Operation of an engine or motor in, or on, any vehicle or item of attached
auxiliary equipment for a continuous period of more than five (5) minutes, or such
other time limit specified in the by-law controlling the idling of vehicles and boats,
while such vehicle is stationary in a residential area, unless:
(a) The vehicle is in an enclosed structure constructed so as to effectively
prevent the emission of excessive noise;
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(b) Continuous operation of the engine or motor is essential to a basic
function of the vehicle or equipment, including but not limited to the
operation of ready-mixed concrete trucks, lift platforms, refuse compactors
and heat exchange systems during normal operation;
(c) Weather conditions justify the use of heating or refrigeration systems
powered by the motor or engine for the safety and welfare of the operator,
passengers or animals, or the preservation of perishable cargo;
(d) Prevailing low temperatures make longer idling periods necessary
immediately after starting the motor or engine.
(e) 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;
11. 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 or amplification of sound in such a
manner as to disturb the peace and comfort of a person or persons at the point of
reception.
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SCHEDULE II
NOISE REGULATION AND PROHIBITION BY-LAW
NOISE PROHIBITIONS BY TIME AND PLACE
PROHIBITED TIMES
ACTIVITY Residential Areas Other Areas
1. Operation of
construction equipment in
connected with construction
C and F C and F
2. Erection, alteration,
repair, dismantling, or any
activity related to
construction.
C and F C and F
3. Operation of any device
or group of connected
devices intended for the
production, reproduction, or
amplification of voices or
sound.
A E
4. Operation of a
combustion engine that (i)
is, or (ii) is used in, or (iii) is
intended for use in a toy or
a model or replica of a
larger device, which is not a
conveyance and which has
no purpose other than
amusement.
C E
5. 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.
E E
6. Operation of a solid
waste bulk lift or refuse
compacting equipment.
C D
7. Operation of
commercial car wash
equipment.
E E
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8. Operation of any
powered rail car including
but not limited to
locomotives and
refrigeration cars while
stationary on property not
owned or controlled by a
railway company governed
by the
Railway Safety Act
(Canada)
.
C D
9. Operation of any
motorized conveyance
other than on a highway or
other place intended for its
operation.
C D
10. Outdoor operation of
any powered or nonpowered
tool for domestic
purposes other than snow
removal.
D E
11. Loading, unloading,
delivering, packing,
unpacking or otherwise
handling any containers,
products, other materials or
refuse, unless necessary
for the maintenance of
essential services or the
moving of private
household effects.
C and F F
12. Operation of a pit or
quarry.
C and F C and F
13. Take-off or landing of a
power-assisted hang glider,
parafoil or aircraft of any
type.
A C
14. Yelling, shouting,
hooting, whistling, singing
or the playing of musical
instruments, including
percussion instruments.
D E
A. At any time.
B. 1700 hours (5:00PM) of one day to 0700 hours of next day (0900 Sundays)
C. 1900 hours (7:00PM) of one day to 0700 hours of next day (0900 Sundays)
D. 2100 hours (9:00PM) of one day to 0700 hours of next day (0900 Sundays)
E. 2300 hours (11:00PM) of one day to 0700 hours of next day (0900 Sundays)
F. All day Sundays and Statutory Holidays
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SCHEDULE III
NOISE REGULATION AND PROHIBITION BY-LAW
EXEMPTIONS FROM THE NOISE PROHIBITIONS
Notwithstanding any other provisions of this by-law to the contrary, this by-law does not
apply to a person who emits or causes or permits the emission of noise in connection
with:
1. Operation of emergency vehicles.
2. Operation of municipal service vehicles and related equipment.
3. Operation of utility service vehicles and related equipment.
4. Authorized displays of fireworks.
5. Bicycle races.
6. Midways that have been authorized by the municipality.
7. Circuses that have been authorized by the municipality.
8. Races, parades, processions, and events for ceremonial, religious or traditional
purposes that have been authorized by the municipality and Ontario Provincial
Police.
9. Operation of bells, chimes, carillons and clocks in churches and public buildings.
10. Cultural, recreational, educational and political events in parks and other public
places that have been authorized by the municipality.
11. Neighbourhood events on municipal highways and other municipal property that
have been authorized by the municipality.
12. Aviation activities at the municipally owned helipads.
13. Agricultural activities on agricultural properties.
14. Municipal maintenance vehicles, including but not limited to snow clearing, street
cleaning and garbage collection vehicles.
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