CORPORATION OF THE MUNICIPALITY OF STRATHROY

Bylaw No. 30-13 – Noise Control Bylaw

CORPORATION OF THE MUNICIPALITY OF STRATHROY-CARADOC

BYLAW NO. 30-13

A BYLAW TO PROHIBIT AND REGULATE NOISE WITHIN THE

MUNICIPALITY OF STRATHROY-CARADOC

WHEREAS the Municipal Act, S.O. 2001, Chapter 25, as amended,

provides that bylaws may be passed by the Councils of local municipalities

for prohibiting or regulating, within the municipality, noises likely to disturb

the inhabitants;

WHEREAS it is deemed expedient and necessary to regulate or prohibit

noises likely to disturb the inhabitants of the Municipality of Strathroy-

Caradoc;

NOW THEREFORE the Council of the Municipality of Strathroy-Caradoc

enacts as follows:

1. No person, including a corporation, shall within the Municipality of

Strathroy-Caradoc, make, create, cause or permit to be made noises,

including noise from an animal under the care of a person or

corporation, likely to disturb the inhabitants, except as permitted by

Section 2.

2. EXEMPTIONS

The following sounds and noises are exempt from this by-law, and

the presence of these sounds and noises is not to be considered a

contravention of this by-law:

(a) The sounding or ringing of church bells and chimes;

(b) The sound of any bell, horn, siren or other signal device

from a vehicle when required or permitted by law;

reasonable manner for the amplification of the human voice,

music, or the sound from any other sound-producing or

sound-reproducing instrument or apparatus, by a local

organization where funds are being raised for charitable

purposes, or in connection with any public election meeting,

or for any public celebration or other gathering for which

written permission has been obtained from the Municipality of

Bylaw No. 30-13 – Noise Control Bylaw

Strathroy-Caradoc provided the sound does not create an

undue disturbance for occupants of adjacent property, as

determined by the Police Officer or Bylaw Enforcement

Officer;

(d) The sound of any military or other band, or of any parade, fair,

or religious activity, for which written permission has been

obtained from the Municipality of Strathroy-Caradoc.

(e) Any sound arising from the operation of any railway operated

under the Railway Act of Canada.

(f) Noises resulting from reasonable construction and

maintenance operations between the hours of 7:00 am and

7:00 pm Monday to Friday and on Saturdays from 7:00 am to

12:00 noon, excluding holidays.

(g) A matter of public necessity or emergency.

(h) The operation of machines and equipment by or on behalf of the

Municipality, including but not limited snow removal equipment,

road cleaning equipment, grass cutting or field maintenance

equipment, tree and shrub pruning and mulching equipment,

painting machines for crosswalks, highways and streets.

(i) The collection or disposal of garbage, waste or recyclable

material by or on behalf of the Municipality.

(j) Signaling devices utilized as traffic and pedestrian control

devices at intersections and crosswalks.

(k) The discharge of consumer fireworks or display fireworks if such

discharge complies with the Municipality’s Fireworks Bylaw.

(l) Activities of a Normal Farm Practice, and carried out as part of an

Agricultural Operation, as defined in the Farming and Food

Production Protection Act, 1998, S.O. 1998, as amended, or any

successor legislation (see ‘Schedule A’ to this bylaw for definitions

and interpretations in the Act mentioned in this section), and located

on a property zoned for agricultural purposes in accordance with the

Municipality’s Zoning Bylaw.

(m) Operation of machinery or equipment by or on behalf of a public

utility where work needs to be done to minimize service

interruptions.

Bylaw No. 30-13 – Noise Control Bylaw

(n) The use in a reasonable manner of vehicles and equipment when

utilized for the clearing and the removal of snow from private

property.

(o) A service animal under the care of the Strathroy-Caradoc Police

Service or provincial or federal police.

(p) In connection with the normal operation of educational institutions

during regular business hours and/or during school authorized

activities.

(q) The sound caused by a hymn sing or caroling performance.

(r) Any noise necessary to the operation of equipment on designated

industrial sites in accordance with the Municipality’s Zoning Bylaw

between the hours of 6:00 am and 11:00 pm.

3. Any person who contravenes any provision of this by-law is, upon

conviction, guilty of an offence and is liable to any penalty as

provided in the Provincial Offences Act, as amended.

4. The court in which the conviction has been entered and any court

of competent jurisdiction thereafter may make an order

prohibiting the continuation or repetition of the offence by the person

convicted, and such order shall be in addition to any other penalty

imposed on the person convicted.

5. ENFORCEMENT

This bylaw shall be enforced by a Police Officer of the Strathroy-Caradoc Police

Service or a Bylaw Enforcement Officer of the Municipality of Strathroy-Caradoc.

A Police Officer or Bylaw Enforcement Officer may enter on land at any reasonable

time for the purpose of carrying out an inspection to determine whether or not

this Bylaw is being complied with. Entry to any place actually being used as a

dwelling unit shall be subject to the requirements of the Municipal Act, 2001, as

amended.

6. Should any section of this Bylaw be declared invalid such decision shall not affect

the validity of the remaining portions of this Bylaw.

7. THAT Township of Strathroy-Caradoc Bylaw 75-02 and any

amendments to it are hereby repealed.

8. THAT this Bylaw shall be referred to as the “Noise Control Bylaw”.

Bylaw No. 30-13 – Noise Control Bylaw

9. THAT this by-law comes into force and take effect on the date of its

final passage in Open Council.

Read a FIRST, SECOND and THIRD TIME and FINALLY PASSED IN

OPEN COUNCIL this 15

day of April, 2013.

Original signed by Brad Richards Original signed by Angela Toth

__________________________ ______________________________

Deputy Mayor Clerk

Bylaw No. 30-13 – Noise Control Bylaw

Schedule A to Bylaw 30-13

Definition of ‘normal farm practice’ and definition and interpretation

of ‘agricultural operation’ in the Farming and Food Production

Protection Act, 1998, as amended.

“normal farm practice” means a practice that,

(a) is conducted in a manner consistent with proper and acceptable

customs and standards as established and followed by similar

agricultural operations under similar circumstances, or

(b)makes use of innovative technology in a manner consistent with

proper advanced farm management practices;

“agricultural operation” means an agricultural, aquacultural, horticultural

or silvicultural operation that is carried on in the expectation of gain or

reward;

Interpretation

(2) For the purpose of the definition of “agricultural operation”,

“agricultural, aquacultural, horticultural or silvicultural operation” shall be

construed to include,

(a) draining, irrigating or cultivating land;

(b) growing, producing or raising,

(i) livestock, including poultry and ratites,

(ii) fur-bearing animals,

(iii) bees,

(iv) cultured fish,

(v) deer and elk,

(vi) game animals and birds, or

(vii) any additional animals, birds or fish prescribed by the

Minister;

syrup, mushrooms, nursery stock, tobacco, tree and turf grass, and

any additional agricultural crops prescribed by the Minister;

(d) the production of eggs, cream and milk;

(e) the operation of agricultural machinery and equipment;

(f) the application of fertilizers, soil conditioners and pesticides;

(g) ground and aerial spraying;

Bylaw No. 30-13 – Noise Control Bylaw

(h) the storage, handling or use of organic wastes for farm purposes;

(i) the processing by a farmer of the products produced primarily from

the farmer’s agricultural operation;

(j) activities that are a necessary but ancillary part of an agricultural

operation such as the movement of transport vehicles for the

purposes of the agricultural operation; and

(k) any other agricultural activity prescribed by the Minister, conducted

on, in or over agricultural land. 1998, c. 1, s. 1 (2).

Bylaw No. 30-13 – Noise Control Bylaw

CORPORATION OF THE MUNICIPALITY OF STRATHROY-CARADOC.

Set Fine Schedule - Part 1 Provincial Offences Act

Bylaw No. 30-13

To prohibit and regulate noise within the Municipality of Strathroy-

Caradoc

TITLE

COLUMN 1

Short Form

Wording

COLUMN 2

Provision

Creating or

Defining Offence

COLUMN 3

Set Fine

Make/create

noises likely to

disturb the

inhabitants

Section 1

$175.00

Cause noises

likely to disturb

inhabitants

Section 1

$175.00

Permit noises

likely to disturb

inhabitants

Section 1

$175.00

Note: The penalty provision for the offences cited above is Section 3 of

Bylaw 30-13, a certified copy of which has been filed.