Noise By-law

1. Short title

I.I This By-law shall be known as the "Norfolk County Noise By-law".

2. Definitions

2.1 In this By-law:

"Agricultural Operation" shall have the same meaning as contained in the Farming and Food Production Protection Act, 1998, S.O. 1998, C. 1, as amended, or any successor legislation;

"Committee" shall mean the By-Law Appeals Committee;

"Community Event" shall mean an event open to the public, including a public fair, public exhibition, public celebration, public sporting event, public concert; or a university or college event; or a school board event;

"Construction" shall mean 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 for any purpose, and includes any work in connection therewith;

"Construction Equipment" shall mean any equipment or device designed and intended for the 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 any other material handling equipment;

"Conveyance" shall mean a Vehicle and any other device employed to transport a person or persons or goods from place to place ;

"Council" shall mean the Council of The Corporation of Norfolk County; "County" shall mean the Corporation of Norfolk County;

"Dwelling Unit" shall mean a room or suite of rooms used or designed to be used by one or more individuals as an independent or self-contained domestic unit or housekeeping establishment capable of supporting general living conditions including cooking, eating, sleeping and sanitary facilities;

"Firearm" shall mean a barreled weapon from which any shot, bullet or other projectile can be discharged and that is capable of causing serious bodily injury or death to a person, and includes any frame or receiver of such a barreled weapon and anything that can be adapted for use as a firearm;

"Hazard Zone" shall mean a Hazard Zone as defined in the Zoning By-Law in effect;

"Highway" shall mean a common and public highway, street, avenue, parkway, driveway, square, place, bridge, viaduct or trestle, 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;

"Motor Vehicle" shall mean an automobile, a Motorcycle, a motor-assisted bicycle unless otherwise indicated in the Highway Traffic Act, and any other Vehicle propelled or driven otherwise than by muscular power, but does not include a street car or other Motor Vehicle running only upon rails, a power-assisted bicycle, a motorized snow vehicle, a traction engine, a farm tractor, a self-propelled implement of husbandry or a road-building machine within the meaning of the Highway Traffic Act;

"Motorcycle" means a self-propelled vehicle having a seat or saddle for the use of the driver and designed to travel on not more than three wheels in contact with the ground, and includes a motor scooter, but does not include a motor assisted bicycle;

"Motorized Conveyance" shall mean a Conveyance propelled or driven otherwise than by muscular, gravitational or wind power and includes, but not limited to snowmobiles, mopeds, go-carts, dirt bikes and all-terrain vehicles;

"Municipal Law Enforcement Officer" shall mean an officer or employee of the County appointed by the Council of the Corporation of Norfolk County for the purpose of enforcing County By-laws;

"Noise" shall mean unwanted sound emitted in such a manner or with such volume as to likely disturb local inhabitants;

"Normal Farm Practice" shall have the same meaning as contained in the Farming and Food Production Protection Act, 1998, S.O. 1998, C. 1, as amended, or any successor legislation;

"Occupant" shall mean any person over the age of 18 who is in possession of the Property;

"Open Space Zone" shall mean an Open Space Zone as defined in the Zoning By Law in effect;

"Other Area" shall mean an area of the County other than a Residential Area;

"Owner" shall mean the owner, authorized agent, lessee or occupier of the lands or structure and may be an individual, corporation, sole proprietorship or partnership;

"Person" shall mean an individual, corporation, organization, association, partnership or the like;

"Point Of Reception" shall mean any point on the Premises of a Person other than the Premises from which the Noise is originating;

"Premises" shall mean the area contained within the boundaries of any lot and includes any public land, easement or Highway and buildings situated within such boundaries. Where any building contains more than one Dwelling Unit, each Dwelling Unit or common area of such building and the land surrounding the building within the boundaries of the lot shall be deemed to be separate Premises but shall not apply where such residential use is immediately adjoined to any other use other than another residential use;

"Property" shall mean a separately assessed property shown on the Municipality's Assessment Roll;

"Qualified Person" shall mean someone who is licensed or certified and having special or expert knowledge and experience in the design, analysis or evaluation in the subject work or product;

"Residential Area" shall mean any area of the County where residential use is permitted under the provisions of the Zoning By-law in effect. For the purpose of this By-Law, Residential Area shall include an Open Space Zone and Hazard Zone;

"Special Event" shall mean a Special Event as defined in the Norfolk County Special Events Policies and Procedures Manual, and that is recognized by the County as a special event;

"Vehicle" shall mean a Motor Vehicle, tractor, trailer, camper, boat, Motorcycle, motorized snow vehicle, mechanical equipment or any vehicle drawn, propelled or driven by any kind of power;

"Zone" shall mean an area delineated on a Map Schedule of the Zoning By-Law and designated by such By-Law for a specific use or specific uses;

"Zoning By-Law" shall mean any Zoning By-Law currently in effect within the County.

2.2 Wherever a word is used in this By-Law with its first letter capitalized, the term is being used as it is defined in this Section 2.1. Where any word appears in ordinary case, its regular applied meaning in the English language is intended.

2.3 Any word or term not defined in this By-law, that is defined in the Ontario Ministry of the Environment Noise Pollution Control (NPC) Publication shall have the meaning ascribed to it in such NPC Publication.

2.4 Any use of its singular term includes its plural, any use of a masculine term includes the feminine term and any use of a present tense shall include a past tense where applicable in this By-Law.

3. General prohibitions

3.1 No person shall make, cause or permit to be made, any unusual Noise or Noise at any time which exceeds the applicable sound level limit prescribed in the Ontario Ministry of the Environment Noise Pollution Control (NPC) Publication and is likely to disturb the quiet, peace, rest, enjoyment, comfort or convenience of the inhabitants of the County.

4. Specific prohibitions

4.1 Without limiting the generality of Subsection 3.1, no person shall make, cause or permit to be made any Noise from any act as listed in Schedule A, at any time if clearly audible at a Point of Reception.

4.2 Without limiting the generality of Subsection 4.1, no person shall make, cause or permit to be made any Noise from a Motorized Conveyance exceeding;

a) 94 decibels (dBA) as measured using the SAE Technical Standards International J1287 "Measurement of Exhaust Sound Pressure Levels of Stationary Motorcycles", as amended, and

b) Sound Limits as described in the Ontario Ministry of the Environment Publication NPC-232 "Sound Level Limits for Stationary Sources in Class 3 Areas (Rural)", as amended.

5. Prohibitions by time and place

5.1 No person shall make, cause or permit to be made any Noise from any act as listed in Schedule B within the prohibited time if clearly audible at a Point of Reception.

5.2 Where a Residential Area directly adjoins an Other Area, the requirements for the Other Area in Schedule B shall apply.

6. Exemptions

6.1 Notwithstanding any other provision of this By-law, it shall be lawful in an emergency to make, cause or permit to be made, any Noise in connection with emergency measures.

6.2 Notwithstanding any other provision ofthis By-law, this By-law shall not apply to a Person who makes, causes or permits to be made any Noise in connection with;

• an authorized emergency vehicle;
• the operation of machines, Vehicles or equipment by or on behalf of the County;
• bells, tones or whistles utilized as traffic control devices including those at traffic signal locations;
• regimental salutes;
• authorized discharge of fireworks or pyrotechnics;
• authorized discharge of firearms;
• sound emitted as a result of snow clearing and removal equipment that is essential for the normal operation of a business or residence;.
• bells, chimes, carillons or clocks associated with religious or public buildings or uses;
• parades or a Community Event where in compliance with the Special Events Policy of the County or where permitted or sanctioned by the County;
• activities as part of a Normal Farm Practice and carried on as part of an
  Agricultural Operation;
• operations on construction projects when such is duly certified as essential to the project;
• an activity that is integral to the operation of any railway or airport within the legislative authority of Parliainent;
• work undertaken for the immediate health and safety or wellbeing of the inhabitants of the County;
• activities from industrial uses located in lands zoned for the industrial use if
   sound is in accordance with the terms and conditions under the Environmental Protection Act, R.S.O. 1990, as amended.
• wind power generating facilities (Wind Farms) in conformity with the Ontario Ministry of the Environment guidelines.

7. Exemption granted by committee

7.1 Notwithstanding any other provision of this By-law, any Person may make an application for a minor exception to this By-law to the Committee by completing the required application form and paying the specified fee and submitting it to the Clerk of Norfolk County.

7.2 The Committee may recommend that any application be refused or that such relief as it considers appropriate be granted whether absolutely    subject to conditions.

7.3 The Committee may, upon written request from any Person, authorize minor exceptions from this By-law, ifin the opinion of the Committee the general intent and purpose of the By-law is maintained.

7.4 If the Committee approves the request, the exemption will be in effect for the dates specified and the Committee may impose any conditions that it considers appropriate.

7.5 The Committee is directed to follow its usual procedure on such application.

7.6 The Clerk shall inform the applicant, in writing, of the decision of the Committee within reasonable time after the date of the decision of the Committee.

7.7 Any breach of the terms or conditions of the exemption granted by the Committee shall render the exemption invalid.

8. Administration and enforcement

8.1 This By-Law shall be administered and enforced by the Municipal Law Enforcement Officer or the Police Services of the County.

8.2 A Municipal Law Enforcement Officer, police officer or any other officer or agent of the County may enter upon any lands at any reasonable time to inspect Property for the purpose of determining or effecting compliance with this By Law. Entry into a dwelling may only be made upon permission of the Owner or Occupant therefore or by means of a warrant.

8.3 Any test or measurement to be made pursuant to this By-Law shall be performed by a Qualified Person.

8.4 If after an inspection conducted under Subsection 8.2 it is determined that a Person is in contravention of any of the provisions of this By-Law, or of the conditions of an exemption pursuant to this By-Law, the Municipal Law Enforcement Officer, police officer or any other officer or agent of the County may require the Person who contravened the By-Law, or who caused or permitted the contravention, or the Owner or Occupant of the land on which the contravention occurred to cease all activity causing the violation immediately.

8.5 For the purposes of an inspection under this By-Law, the Municipal Law Enforcement Officer may;

• require the production for inspection of documents or things including drawings or specifications that may be relevant in the matter;
• require information from any Person related to the matter;
• alone or accompanied by a Qualified Person may make examinations or take tests, samples or photographs necessary for the purpose of inspection; and
• order any Person related to the matter to take and supply at that Person's expense such tests and samples as are specified in the order.

8.6 Where it has been determined that an activity producing Noise is not in compliance with the By-Law, an inspection fee set out in the applicable User Fees By-Law for inspection may be imposed on the Owner and/or Occupant responsible for the Noise or sound.

8.7 The fees imposed under Subsection 8.5 and 8.6 constitute a debt of the Person to the County. The County Treasurer may add the fees to the tax roll and collect them in the same manner as municipal taxes on any Property for which all owners are responsible for paying taxes.

8.8 No Person shall hinder or obstruct, or attempt to hinder or obstruct a Municipal Law Enforcement Officer, police officer or any officer or agent of the County while they are carrying out their duties under this By-Law.

9. Penalties

9.1 Any Person who contravenes any provision of this By-Law is guilty of an offence and, upon conviction, is subject to a fine as provided in the Provincial Offences Act, R.S.O. 1990, c. P.33, as amended from time to time, and to any other applicable penalties.

9.2 Every Person who contravenes any provision of this By-Law is guilty of an offence and may, at the option of the County, be prosecuted pursuant to the provisions of Part I of the Provincial Offences Act, R.S.O.1990, as amended.

9.3 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.

10. Severability

10.1 It is hereby declared that each and every part of the foregoing provisions of this By-Law is severable. If any provision of this By-Law should for any reason be declared invalid by any court, it is the intention and desire of this Council that each and every one of the then remaining provisions herein shall remain in full force and effect.

11. Repeals and effective date

11.1 The following By-Laws are hereby being repealed.

Township of Delhi By-law 70-88 City of Nanticoke By-law 67-81 Township of Norfolk By-law 749-83 Town of Simcoe By-law 79-26

11.2 This By-Law shall come into full force and effect on the final passage thereof.

Enacted and passed this 13th day of April 2010.

Amendments

This online version of the by-law includes the following amendments: 

• By-law no. 2012-155 - Being a By-Law to Amend By-law 2010-84, to Regulate and Prohibit Excessive Noise within Norfolk County
• By-Law 2016-11 - Being a By-Law to Amend By-Law 2010-84, as amended, to Regulate and Prohibit Excessive Noise within Norfolk County

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Schedule A: Specific prohibitions

I. Racing of any Motorized Conveyance other than in a racing event regulated by law.

2. The squealing of Motor Vehicle tires while such Vehicle is on Property other than a Highway as set out in the Highway Traffic Act, R.S.O. 1990, c. H.8, as amended.

3. The operation of any combustion engine, motor, conveyance and Motorized Conveyance, pneumatic device or Construction Equipment 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 sounds due to improperly secured load or equipment;

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 ten (I 0) minutes, anywhere within the geographical area of Norfolk County while such Vehicle is stationary in a Residential Area.unless:

• The Vehicle is in an enclosed structure constructed so as to effectively prevent excessive Noise emission;
• 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;
• The operation of such engine or motor is essential to a basic function of the Vehicle or equipment including but not limited to the operation of a ready mix concrete truck, lift platforms, refuse compactor and heat exchange systems;
• Weather conditions justify the use of heating or refrigeration systems powered by the motor or an engine for the saf'ety and the welfare of the operator, passengers, animals or the preservation of perishable cargo and the Vehicle is stationary for the purpose of delivery or loading;
• Prevailing low temperatures make longer idling periods necessary immediately after starting the motor or engine; or
• The idling is for the purpose of cleaning and flushing the radiator and associated circulation system for the seasonal change of antifreeze, cleaning of the fuel system, carburetor or the like when such work is performed other than for profit.

6. The sounding of any bell, horn, siren or other warning device on any Motor Vehicle or Vehicle for any unreasonable period of time, except when permitted by law or in accordance with good safety practices.

7. Any sound from any private radio or other electronic device in a Motor Vehicle otherwise installed for the sole benefit or entertainment of the operator and occupants of such Vehicle when same is audible at a distance of25 ft (7.6 m) or greater from such Vehicle.

8.  Persistent barking, calling or whining or other similar persistent Noise made by any domestic pet outside or inside any building or upon any real property.

9. The operation of an air conditioner, heat pump, pool pump or filter, hot tub, central vacuum system or the like that is not in proper working order as per the manufacturer or is not in compliance with Ontario Ministry of the Environment Noise Pollution Control (NPC) Publication.

IO. The operation of a sound emitting pest control device.

11. The detonation of explosives.

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Schedule B: Prohibitions by time in specified areas

1. 2300 hrs (11:00 pm) one day until 0700 hrs (7:00 am) next day or 0900 hrs (9:00 am) on Sundays or Statutory Holidays 

2. 2100 hrs (9:00 pm) one day until 0700 hrs (7:00 am) next day or 0900 hrs (9:00 am) on Sundays or Statutory Holidays 

3. 1900 hrs (7:00 pm) one day until 0700 hrs (7:00 am) next day or 0900 hrs (9:00 am) on Sundays or Statutory Holidays 

4. 1900 hrs (7:00 pm) one day until 0700 hrs (7:00 am) next day 

5. All day Sundays and Statutory Holidays 

Scroll the tables horizontally on smaller screens to see all columns.