|
Links
Council Meetings and Minutes
Closed Meeting Investigations
By-laws and Forms
Accessibility
Garbage Collection
Recycle Collection
Animal Control
Lottery License Information
Taxi Cab Driver License
Pesticide Education Program
Contact Council Services
Contact LaSalle Council
|
Town of LaSalle By-law
By-law No: 3783
Description: A By-law to control noise in
the Township of Sandwich West.
Date Passed: June 18, 1979
WHEREAS it is expedient to exercise the power
conferred upon the Council by The Environmental Protection Act,
1971, 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
tranquility 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 TOWNSHIP OF SANDWICH WEST ENACTS AS FOLLOWS:
| 1. |
Interpretation |
| |
(1.) |
In this By-law, |
| |
|
(a) |
Construction |
| |
|
|
“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
|
| |
|
|
“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, payers, generators, off-highway haulers or
trucks, ditchers, compactors and rollers, pumps, concrete mixers,
graders, or other material handling equipment;
|
| |
|
(c) |
Conveyance |
| |
|
|
“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 |
| |
|
|
“Council" means the Council of the
Corporation of the Township of Sandwich West;
|
| |
|
(e) |
Highway |
| |
|
|
“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 |
| |
|
|
"Minister” means Minister
of the Environment;
|
| |
|
(g) |
Ministry |
| |
|
|
“Ministry” means Ministry of the
Environment;
|
| |
|
(h) |
Motor Vehicle |
| |
|
|
“Motor Vehicle” includes
an automobile, motorcycle, and any other vehicle propel led
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 |
| |
|
|
“Motorized Conveyance” means a
conveyance propel led or driven otherwise than by
muscular, gravitational or wind power;
|
| |
|
(j) |
Municipality |
| |
|
|
“Municipality” means the land
within the geographic limit of the Township of Sandwich
West;
|
| |
|
(k) |
Noise |
| |
|
|
“Noise” means unwanted sound;
|
| |
|
(l) |
Noise Control Officer |
| |
|
|
"Noise Control Officer” means a
Police Officer of the Township of Sandwich West or any person designated by Council
as responsible for the administration of this By-law
from time to time;
|
| |
|
(m) |
Point of Reception |
| |
|
|
“Point of Reception” means any
point on the premises of a person where sound or
vibration originating from other than those premises is
received.
|
| |
(2.) |
Zones
In this By-law, |
| |
|
(a) |
Residential Area |
| |
|
|
“Residential Area” means those
areas of the Municipality designated as residential in
By-law Number 3577 of The Corporation of the Township of
Sandwich West as amended from time to time.
|
| |
|
(b) |
Agricultural Area |
| |
|
|
“Agricultural Area” means those areas of
the Municipality designated as agricultural in By-law Number 3577
of The Corporation of the Township of Sandwich West as
amended from time to time.
|
| 2. |
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:
|
| |
1. |
Racing of any
motorized conveyance other than in a racing event regulated
by law.
|
| |
2. |
The operation
of a motor vehicle in such a way that the tires squeal.
|
| |
3. |
The operation
of any combustion engine or pneumatic device without an
effective exhaust or intake muffling device in good working
order and in constant operation.
|
| |
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.
|
| |
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 an agricultural 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.
|
| |
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.
|
| |
7. |
The operation
of any item of construction equipment in an agricultural
area without effective muffling devices in good working
order and in constant operation.
|
| 3. |
Prohibitions by Time and Place
|
| |
No person shall emit or cause or
permit the emission of sound resulting from any act listed in Table
3-1 if clearly audible at a point of reception located in an area of
the Municipality indicated within a prohibited time
shown for such an area. |
TABLE 3-1 PROHIBITIONS BY TIME AND PLACE
|
|
|
Prohibited
Period of Time |
|
|
|
Agricultural
Area |
Residential
Area |
|
1. |
The detonation of fireworks or
explosive devices not used in construction
|
At all times |
At all times |
|
2. |
Discharge of Firearms
|
At all times |
At all times |
|
3. |
The operation of a combustion engine
which,
(i) is, or
(ii) is used in, or
(iii) is intended 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.
|
9:00 a.m. to
9:00 p.m. |
At all times |
|
4. |
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.
|
At all times |
At all times |
|
5. |
The operation of any auditory signaling
device, 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 in accordance
|
At all times |
At all times |
|
6. |
The operation of any powered rail car
including but not limited to refrigeration cars,
locomotives, or self-propelled passenger cars, while
stationary on property not owned and controlled by a railway
governed by the Canada Railway Act
|
At all times |
At all times |
|
7. |
The operation of any motorized
conveyance other than on a highway or other place intended
for its operation.
|
At all times |
At all times |
|
8. |
The 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.
|
9:00 p.m. to
8;00 a.m. |
9:00 p.m. to
8;00 a.m. |
|
9. |
Persistent 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.
|
At all times |
At all times |
|
10. |
The operation of a commercial car wash
with air drying equipment.
|
11:00 P.M.
to
8:00 A.M. |
11:00 P.M.
to
8:00 A.M. |
|
11. |
Yelling, shouting, hooting, whistling
or singing.
|
At all times |
At all times |
|
12. |
The operation of power assisted hang
glider or parafoil.
|
At all times |
At all times |
|
13. |
The operation of any item of snow
making equipment.
|
At all times |
At all times |
|
14. |
All selling or advertising by shouting
or outcry or amplified sound.
|
At all times |
At all times |
|
15. |
Loading, unloading, delivering,
packing, unpacking, or otherwise handling any containers,
products, materials or refuse, whatsoever, unless necessary
for the maintenance of essential services or the moving of
private household effects.
|
8:00 P.M. to
8:00 A.M. |
8:00 P.M. to
8:00 A.M. |
|
16. |
The operation of any equipment in
connection with construction.
|
8:00 P.M. to
8:00 A.M. |
8:00 P.M. to
8:00 A.M. |
|
17. |
The operation or use of any tool for
domestic purposes other than snow removal.
|
9:00 P.M. to
8:00 A.M. |
9:00 P.M. to
8:00 A.M. |
|
18. |
The operation of solid waste bulk lift
or refuse compacting equipment.
|
7:00 P.M. to
7:00 A.M. |
7:00 P.M. to
7:00 A.M. |
|
19. |
The operation of a commercial car wash
of a type other than mentioned in Item 10.
|
11:00 P.M. to
8:00 A.M. |
11:00 P.M. to
8:00 A.M. |
|
20. |
The operation of an electronic bug
killer.
|
11:00 P.M. to
8:00 A.M. |
11:00 P.M. to
8:00 A.M. |
|
|
|
|
|
|
4. |
Exemption Public Safety |
|
|
|
Notwithstanding any other provision of
this 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. |
Grant of Exemption by Council |
|
|
(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.
|
|
|
(2) |
Decision |
|
|
|
In deciding whether to grant the
exemption, Council shall give the applicant, and any person
opposed to the application, an opportunity to be heard and
may consider such other matters as it sees fit. |
|
|
(3) |
Breach |
|
|
|
Breach by the applicant of any of the
terms or conditions of any exemption granted by Council
shall render the exemption null and void.
|
|
6 |
Exemption of Traditional, Festive or
Religious 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 activities: |
|
|
|
Turtle Club Minor Baseball Parade |
|
|
|
May Day Parade |
|
|
|
Legion Remembrance Day Parade
|
|
7. |
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 or 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.
|
|
8. |
Penalty |
|
|
Every
person who contravenes any of the provisions of this By-law
is guilty of an offence and shall, upon conviction thereof,
forfeit and pay a penalty of not more than $1,000.00 for a
first offence and not less than $100.00 and not more than
$1,000.00 for a second or subsequent offence, exclusive of
costs and every such fine is recoverable under The Summary
Convictions Act.
|
|
9. |
That By-law Number 3722, finally passed
on the 23rd day of May, A.D., 1978 be and the same is hereby
repealed.
|
|
10. |
This By-law shall come into full force
and effect upon the final passing thereof subject to
approval of the Minister of the Environment. |
READ a first and second time
this 8th day of May, A.D. 1979.
1st Reading - May 8th, 1979
2nd
Reading - May 8th, 1979
READ a third time and finally passed this
18th day of June,
3rd reading - June 18th, 1979
This By-law approved
pursuant to the provisions of The Environmental Protection Act,
1971, as amended, at Toronto this 26th day of July A.D., 1979.
|
