Noise Control By-law 2011-006 (Consolidated Version)

“Construction” includes erecting, altering, repairing, maintaining, painting, dismantling or demolishing any building or structure, and moving, land clearing, grubbing, tree removal, earth moving, grading, excavating, operating an construction equipment, 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  hydraulic tools, bulldozers, tractors, excavators, trenchers, cranes, derricks, loaders, scrapers, pavers, generators, off-highway haulers, trucks, ditchers, compactors and rollers, pumps, concrete mixers, or graders;

“Council” means the Council of The Corporation of Loyalist Township;

“Designated Area” means any area of the municipality that is designated by shading on Schedule 4, and further described on Schedule 5;

“Director” means the Director of Administrative Services for The Corporation of Loyalist Township;

“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, a police vehicle, and any motor vehicle being used to respond to an emergency;

“Firearms” shall include any type of firearm and other weapon as defined under the Firearms Act, Part III of the Criminal Code and the related regulations;

“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 and includes the un-travelled portion of the highway;

“Holiday” means a day that is declared a public holiday as defined in the Retail Business Holidays Act, R.S.O. 1990, Chapter. R.30;

“Motor Vehicle” includes a vehicle or other device employed to transport a person or goods from place to place propelled or driven by any means other than by muscular power, including but not limited to an automobile, bus, truck, motorcycle, motor assisted bicycle or trailer but does not include a motorized snow vehicle, traction engine, farm tractor, other farm vehicle or road-building machine;

‘‘Motorized Conveyance” means a conveyance propelled or driven otherwise than by muscular, gravitational or wind power;

“Municipality” means the land within the geographic limit of Loyalist Township;

“Municipal Service Vehicle” means a vehicle operated by or on behalf of Loyalist 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;

“Noise” means sound that is likely to disturb any person, or that is likely to interfere with the reasonable use and enjoyment of a premise or residence;

“Other Areas” shall mean any area of the municipality other than is designated by shading on Schedule 4 and further described on Scheduled 5;

“Person” includes a corporation as well as an individual;

“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;

“Provincial Offences Officer” means an individual appointed by by law or other agencies designated by Council who are responsible for the administration of this by-law;

“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;

“Township” means The Corporation of Loyalist Township; and

“Vehicle” includes a motor vehicle and any motorized conveyance.

2.1 No person shall, at any time, make, cause or permit the making of noise within the Municipality, which is audible to:

i) A person in a premises or a vehicle other than the premises or vehicle from which the noise is originating; or

ii) A person in a residence other than the residence from which the noise is originating; or

iii) Is an activity in Schedule 1 of this by-law.

3.1 No person shall emit, cause or permit the making of noise by engaging in an activity or cause and permit an activity listed in column one of Schedule 2 to this by-law to occur:

i) during the hours specified in column two in a designated area; or

ii) during the hours specified in column three in other areas.

4.1 The prohibitions described in Sections 2 and 3 do not apply if the noise is the result of measures undertaken in an emergency for the:

i) immediate health, safety or welfare of the inhabitants of the Municipality or other persons; or,

ii) preservation or restoration of property; unless the noise is of a longer duration or of a more disturbing nature than is reasonably necessary to deal with the emergency.

5.1 The Director or his or her designate, is responsible for the administration of this by-law.

5.2 All Provincial Offences Officers with authority to enforce the by laws of the Township are responsible for enforcing the provisions of this by-law.

5.3 Any person may submit an application to the Director requesting an exemption from any of the prohibitions described in Sections 2 and 3 and Council hereby delegates to the Director or his or her designate, the authority to process any such application and to approve, reject or approve with conditions an exemption.

5.4 Grant of Exemption

Upon receipt of a written application for Grant of Exemption to this by-law, the Director may refuse to grant any exemption or may grant the exemption applied for. Any exemption granted shall specify the time period not in excess of six months during which it is effective and may contain such terms and conditions as the Director determines to be appropriate.

5.5 The Director shall consider all applications for exemption and shall only grant an exemption, or an exemption on conditions, where:

i) the request is necessary and in the public interest;

ii) the proposed mitigation measures are appropriate;

iii) the duration of the requested exemption is reasonable.

5.6 Details of Application for Exemption

The application mentioned in subsection 5.4 shall contain:

i) the name and address of the applicant;

ii) a description of the source of sound or vibration in respect of which exemption is sought;

iii) a statement of the particular provision or provisions of the by-law from which exemption is sought;

iv) the period of time, of a duration not in excess of six months, for which the exemption is sought;

v) the reasons why the exemption should be granted; and

vi) a statement of the steps, if any, planned or presently being taken to bring about compliance with the by-law.

5.7 Breach

Breach by the applicant of any of the terms or conditions of the exemption shall render the exemption null and void and is an offence under this by-law.

(By-law 2018-025 below)

5.8 A person or corporation causing, permitting or undertaking any of the activities listed in Column one of Table 1. shall be exempt from sections 2 and 3, provided that the activity occurs in accordance with the conditions applicable to that activity as provided in Column two of Table 1. 

Table 1. 

Column 1. 

Activity exempt from By-law

Colum 2.

Conditions that must be complied with to qualify for exemption
Foundation preparation and curing

1. The equipment shall be multi-fuel fired, forced air construction heaters with a rating of a maximum of 200,000 Btu and a manufacturer's noise rating of a maximum of 90 dBa at 15m

2. The equipment shall only operate when the ambient temperature is expected to be below 0 degrees Celsius

3. The maximum length of operation shall be 72 hours before the concrete is poured and 7 days after the concrete pour is complete;

4. Best practices shall be used to minimize the generation of noise and to mitigate the impact on sensitive receptors;

5. All residences within 1 km of the activity and the Township shall be notified of the proposed activity at least 72 hours prior to commencement of the activity;

6. The Township shall be notified by email (sent to the Clerk, Public Works Manager and the Director of Infrastructure Services);

7. Every notice to the Township shall include the following information: location of the activity, the reason for the exemption, the estimated completion time, and any other information relevant to mitigating noise impacts;

8. 72 hours prior to commencing the activity notice must be posted on the internet, in a conspicuous location accessible to the public advising of the location of the activity, the reason for the exemption, and the estimated completion time.
Foundation placement and finishing

1. All reasonable alternatives and mitigation measures shall be taken to avoid the need to extend this activity beyond 8 PM;

2. Best practices shall be used to minimize the generation of noise and to mitigate the impact on sensitive receptors;

3. The activity shall be limited to concrete truck arrival and departure from the work site, concrete pump truck operations to pour the concrete and concrete finishing using non-mechanical equipment;

4. No concrete pour shall commence if the concrete mixing activity has not commenced "x" hours before the concrete batching plant is scheduled to be shut down at 7 PM, where "x"=2+(V/70 m3);

5. For purposes of calculating "x" (the number of hours required to complete a concrete pour): "V" represents the volume of concrete in the foundation to be poured (expressed in cubic meters);

6. All residences within 1 km of the activity shall be notified of the proposed activity as soon as possible after it is known that the activity will continue beyond 8 PM;

7. The Township shall be notified by email (sent to the Clerk, Public Works Manager and the Director of Infrastructure Services) within 1 hour of it being know that the activity will require an exemption in accordance with this By-law;

8. Every notice to the Township shall include the following information: location of the activity, the reason for the exemption, the estimated completion time, and any other information relevant to the mitigating noise impacts;

9. Within 1 hour of it being known that the activity will require an exemption in accordance with this By-law, notice must be posted on the internet, in a conspicuous location accessible to the public advising of the location of the activity, the reason for the exemption, and the estimated completion time.
Turbine erection

1. All reasonable alternatives and mitigation measures shall be taken to avoid the need to extend this activity beyond 8 PM;

2. Best practices shall be used to minimize the generation of noise and to mitigate the impact on sensitive receptors;

3. All residences within 1 km of the activity shall be notified of the proposed activity as soon as possible after it is known that the activity will continue beyond 8 PM;

4. The Township shall be notified by email (sent to the Clerk, Public Works Manager and the Director of Infrastructure Services) within 1 hour of it being known that the activity will require an exemption in accordance with the By-law;

5. Every notice to the Township shall include the following information: location of the activity, the reason for the exemption, the estimated completion time, and any other information relevant to the mitigating noise impacts;

6. Within 1 hour of it being known that the activity will require an exemption in accordance with this By-law, notice must be posted on the internet, in a conspicuous location accessible to the public advising of the location of the activity, the reason for the exemption, and the estimated completion time.
Transformer Fill and Night Shift Electrical and Commissioning Work

1. Best practices shall be used to minimize the generation of noise and to mitigate the impact on sensitive receptors;

2. All residences within 1 km of the activity and the Township shall be notified of the proposed activity at least 72 hours prior to commencement of the activity;

3. The Township shall be notified by email (sent to the Clerk, Public Works Manager and the Director of Infrastructure Services);

4. Every notice to the Township shall include the following information: location of the activity, the reason for the exemption, the estimated completion time, and any other information relevant to mitigating noise impacts;

5. 72 hours prior to commencing the activity notice must be posted on the internet, in a conspicuous location accessible to the public advising of the location of the activity, the reason for the exemption, and the estimated completion time.

5.9 Any person who, in causing, permitting or undertaking an activity in Column one of Table 1. breaches any of the conditions listed in Column two of Table 1. applicable to that activity is guilty of an offence, and upon conviction, shall be subject to a fine as provided in the Provincial Offences Act and in addition to any fine may be subject to an order of prohibition.

5.10 Any corporation that, in causing, permitting or undertaking an activity in Column one of Table breaches of any of the conditions listed in Column two of Table 1., or fails to take reasonable actions to prevent the breach of any of the conditions listed in Column two of Table 1. is guilty of an offence, and upon conviction, shall be subject to a fine as provided in the Provincial Offences Act and in addition to any fine may be subject to an order of prohibition. 

5.11 Every person found by the Director to have breached section 5.9 may be subject to an Administrative Monetary Penalty as follows:

5.11.1 any breach of the conditions related to notice requirements for Foundation preparation and curing shall be subject to an Administrative Monetary Penalty in an amount of $500.00 for the first breach, and an Administrative Monetary Penalty of $2,000.00 for every subsequent breach;

5.11.2 any breach of the conditions related to Foundation preparation and curing, excluding breach of the notice provisions, shall be subject to an Administrative Monetary Penalty in an amount of $1,000.00 for the first breach, and an Administrative Monetary Penalty of $5,000.00 for every subsequent breach;

5.11.3 any breach of the conditions related to Foundation placement and finishing shall be subject to an Administrative Monetary Penalty in an amount of $500.00 for the first breach, and an Administrative Monetary Penalty of $2,000.00 for every subsequent breach;

5.11.4 any breach of the conditions related to notice requirements for Turbine erection shall be subject to an Administrative Monetary Penalty in an amount of $500.00 for the first breach, and an Administrative Monetary Penalty of $2,000.00 for every subsequent breach;

5.11.5 any breach of the conditions related to Turbine erection, excluding breach of the notice provisions, shall be subject to an Administrative Monetary Penalty in an amount of $1,000.00 for the first breach, and an Administrative Monetary Penalty of $2,000.00 for every subsequent breach;

5.11.6 any breach of the conditions related to Transformer Fill and Night Shift Electrical and Commissioning Work shall be subject to an Administrative Monetary Penalty in an amount of $500.00 for the first breach, and an Administrative Monetary Penalty of $2,000.00 for every subsequent breach

5.12 Every corporation found by the Director to have breached section 5.10 may be subject to an Administrative Monetary Penalty as follows:

5.12.1 any breach of the conditions related to notice requirements for Foundation preparation and curing shall be subject to an Administrative Monetary Penalty in an amount of $1,000.00 for the first breach, and an Administrative Monetary Penalty of $5,000.00 for every subsequent breach;

5.12.2 any breach of the conditions related to Foundation preparation and curing, excluding breach of the notice provisions, shall be subject to an Administrative Monetary Penalty in an amount of $15,000.00 for the first breach, and an Administrative Monetary Penalty of $30,000.00 for every subsequent breach;

5.12.3 any breach of the conditions related to Foundation placement and finishing shall be subject to an Administrative Monetary Penalty in an amount of $1,000.00 for the first breach, and an Administrative Monetary Penalty of $5,000.00 for every subsequent breach;

5.12.4 any breach of the conditions related to notice requirements for Turbine erection shall be subject to an Administrative Monetary Penalty in an amount of $1,000.00 for the first breach, and an Administrative Monetary Penalty of $5,000.00 for every subsequent breach;

5.12.5 any breach of the conditions related to Turbine erection, excluding breach of the notice provisions, shall be subject to an Administrative Monetary Penalty in an amount of $15,000.00 for the first breach, and an Administrative Monetary Penalty of $30,000.00 for every subsequent breach;

5.12.6 any breach of the conditions related to Transformer Fill and Night Shift Electrical and Commissioning Work shall be subject to an Administrative Monetary Penalty in an amount of $1,000.00 for the first breach, and an Administrative Monetary Penalty of $5,000.00 for every subsequent breach;

5.13 Where the Director believes on reasonable grounds that any person or corporation has breached section 5.9 or 5.10, the Director may issue a notice of Administrative Monetary Penalty to the person or corporation in the manner prescribed in this By-law.

5.14 Upon receipt of a notice of Administrative Monetary Penalty the person or corporation named in the notice shall pay the penalty within seven (7) days to the Municipality. 

5.15 An Administrative Monetary Penalty Notice shall include the following information:

(a) the Administrative Monetary Penalty Notice Date;

(b) the date on which the Administrative Monetary Penalty is due and payable;

(c) the signature of the issuing Officer;

(d) particulars of the contravention reasonably sufficient to indicate the nature of the contravention;

(e) the amount of the Administrative Monetary Penalty; and

(f) a statement advising that an unpaid Administrative Monetary Penalty will constitute a debt of the person or corporation to the Municipality.

5.16 An Officer may serve the Penalty Notice on a person or corporation by one of the following methods:

(a) delivering it personally to the person or to the head office of the corporation;

(b) sending a copy by registered mail to the last known address of the person or the head office of the corporation; or

(c) posting a copy of the notice in a conspicuous place at the site of the contravention and sending a copy by registered mail to the last known address of the person or the head office of the corporation. 

5.17 An Administrative Monetary Penalty remaining unpaid after the date when it is due and payable, constitutes a debt to the Municipality owed by the person or corporation named in the notice. The Municipality may take all steps available in law to collect the unpaid penalty.

5.18 An Administrative Monetary Penalty may not be challenged or appealed. 

6.1 Normal Farm Practices

This by-law shall not apply to a person who emits or causes or permits the emission of noise in connection with normal farming practices within the meaning of the Farming and Food Production Protection Act, 1998, S.O. 1998, c.1, as amended, and the Livestock, Poultry and Honey Bee Protection Act, R.S.O. 1990, c.L.24, as amended.

6.2 Industrial Use in the Taylor Kid Industrial Park

Activities from industrial uses located in lands zoned for industrial use in the Taylor Kid Industrial Park if sound is in accordance with the terms and conditions of a valid Environmental Compliance Approval (ECA) or other approval issued under the Environmental Protection Act, R.S.O. 1990, c.E.19, where such approval addresses sound as a source of contamination; 

If a court of competent jurisdiction declares any provision, or 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 provision of this by-law authorized by law be applied and enforced in accordance with its terms to the extent possible according to law.

Every person who contravenes any of 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.

Schedules “1”, “2”, “3”, “4” and “5” are attached to and form part of this by-law. 

By-law 99-35 and any other by-law or portion thereof conflicting with this by-law is hereby repealed.

This by-law shall come into force and take effect upon approval of set fines by the Ministry of the Attorney General.

Enacted and passed this 14th day of March, 2011

1. Racing of any motorized conveyance other than in a racing event regulated by law.

2. The operation of a motorized conveyance in such a way that the tires squeal.

3. The operation of any combustion engine or pneumatic device without an effective exhaust muffling device that is in good working order and in constant operation.

4. The 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. The operation of an engine or motor in, or on, any vehicle or item of attached auxiliary equipment for a continuous period exceeding five minutes while such vehicle is stationary in a designated area, unless:

(i) The vehicle is in an enclosed structure constructed so as to effectively prevent the emission of noise;

(ii) 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

(iii) continuous operation of the 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 platform or refuse compactors and heat exchange systems during normal operation; or

(iv) 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, animals, or the preservation of perishable cargo, and the vehicle is stationary for purposes of delivery or loading; or

(v) prevailing low temperatures make longer idling periods necessary immediately after starting the motor or engine; or

(vi) the idling is for the purpose of cleaning and flushing radiator and associated circulation system for seasonal change of antifreeze, cleaning of the fuel system, carburetor or similar work, when such work is performed other than for profit.

6. The operation of any item of construction equipment in a designated area without an effective muffling device in good working order and in constant operation.

7. The operation of an air conditioner, pool pump or filter, heat pump, ventilation or exhaust fan or similar equipment that is not in proper working order.

Activity Prohibited Period of Time  
Column 1

Column 2 

Designated Areas

Column 3

Other Areas
1. The operation of any auditory signaling device, including but not limited to the ringing of bells or gongs or 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. 24 Hours 24 Hours
2. The operation of any electronic device or group of connected electronic devices incorporating one or more loudspeakers of other electro-mechanical transducers, and intended for the production, reproduction or amplification of sound. 24 Hours 24 Hours
3. All selling or advertising by shouting or outcry or amplified sound. 24 Hours 24 Hours
4. 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. 9 PM - 6 AM Daily and 24 hours on Sunday and Holidays No Restrictions
5. The operation of any equipment in connection with construction. 8 PM - 7 Am Daily and 24 hours on Sunday and Holidays 8 PM - 7 AM Daily and 24 hours on Sunday and Holidays
6. The operation or any equipment in connection with detonation of explosive devices. 6 PM - 8 AM

6 PM - 8 AM
7. The discharge of firearms. 24 Hours except as outlined in Schedule 5 paragraph 10 24 Hours
8. 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 or controlled by a railway. 9 PM - 6 AM Daily and 24 hours on Sunday No Restrictions
9. The operation of any motorized conveyance other than on a highway or other place intended for its operation. 11 PM - 7 AM No Restrictions
10. 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 PM - 6 AM Daily and 24 hours on Sunday No Restrictions
11. Barking, calling whining or other similar noise made by any domestic pet or any other animals kept or used for any purpose other than agriculture. 24 Hours 24 Hours
12. The operation of any powered or non-powered tool for domestic purposes other than snow removal. 9 PM - 7 AM Daily and 9 PM Saturday to 9 AM Sunday 9 PM to 7 AM Daily and 9 PM Saturday to 9 AM Sunday
13. The operation of a solid waste bulk lift or refuse compacting equipment. 9 PM - 7 AM Daily and 24 hours Sunday 9 PM - 7 AM Daily and 24 hours Sunday
14. The operation of a commercial car wash with air drying equipment. 9 PM - 7 AM Daily 9 PM - 7 AM Daily
15. Persistent yelling, shouting, hooting, whistling or singing. 24 Hours 24 Hours
16. The operation of a power assisted hang glider or parafoil. 24 Hours No Restrictions
17. The operation of a pit or quarry. 24 Hours

7 PM - 7 AM Monday - Friday

Midnight - 8 AM, 2 PM - 11:59 PM on Saturdays

24 Hours on Sundays and Holidays

 

The following sources or activities are considered by Council to be exempt from the provisions of this By-law:

1. Any race, parade, procession or events for ceremonial, religious or traditional purposes that have been authorized by Council.

2. The use of bells or chimes normally associated with church activities.

3. Any midway, circus or fair when authorized by Council.

4. The Odessa Fair.

5. Any supervised activity, authorized by Council, at the W.J. Henderson Recreation Centre

6. Fireworks Displays on holidays.

7. Any sporting, recreational or entertainment event in public parks or buildings between 8 A.M. and 11 P.M.

8. The operation of emergency vehicles.

9. The operation of municipal service vehicles and related equipment.

10. Agricultural activities on agricultural properties.

11.The Back Beach on Amherst Island. Loyalist Township has an agreement with Nut Island Farms Limited, the owner of the property identified as Part of Lots 66 and 67, Concession 3, designated as Part 2 on Reference Plan 29R7357, where the municipality has recreational use of the property from 12:01 A.M. on January 1st to Midnight on Labour Day. Nut Island Farms Limited has the use of the property as a hunting club from 12:01 A.M. on Labour Day until Midnight on December 31st.

12.This by-law shall not apply to a Provincial Offences Officer carrying out normal duties.

13.Industrial uses on lands zoned for industrial use in the Taylor Kidd Industrial Park (By-law 2022-009)

By-law 2012-046 Schedule 4 Part A

Odessa and Mud Lake Rd Noise By-law Restricted Areas

Violet Area Noise By-law Restricted Areas

Morven Area Noise By-law Restricted Areas

Wilton and Area Noise By-law Restricted Areas

 

Designated Area means any area of the municipality that is designated by shading on Schedule 4 (maps) and further described on Schedule 5 as follows:

1. All of Broken Front Concession;

2. All that portion of Concession 1 contained between Lots 1 to 19 inclusive, lying south of Doyle Road and including the area called “Bath”;

3. All that portion of Concession 1 contained between Lots 20 - 42 inclusive, lying south of Taylor-Kidd Boulevard;

4. The built-up area known as “Morven” being described as lying between Part of Lots 1- 6 inclusive, Concessions 4 and 5;

5. The built-up area known as “Violet” being described as lying between Part of Lots 13 - 16 inclusive, Concession 5;

6. The built-up area known as “Odessa” being described as lying between Part of Lots 29 up to the south shoreline of Mud Lake (also known as Odessa Lake) in lots 38, 39 and 40, Concessions 3, 4 and 5;

7. The built-up area known as “Wilton” being described as lying between Part of Lots 37 - 42, Concession 6;

8. The area known as “J. Earl Burt Memorial Park” being described as Part of Lot 40, Concession 6, lying south of County Road 20;

9. The built-up area known as “Stella” on Amherst Island and being described as Part of Lots37 and 38, Concession 1 and Part of Lots 1, 2 and 3, North Shore Concession; and

10.The Back Beach on Amherst Island, described as Part of Lots 66 and 67, Concession 3, designated as Part 2 on Reference Plan 29R 7357.

11.The area designated Shoreline Residential on Amherst Island.

12. Exemption of Taylor Kidd Industrial Park (By-law 2022-009) 

Contact Us

Loyalist Township
Box 70, 263 Main Street
Odessa, Ontario K0H 2H0
Tel: 613-386-7351
info@loyalist.ca

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