3002 To provide for the regulation or prohibition of unusual noises in the Town of TillsonburgCORPORATION OF THE
TOWN OF TILLSONBURG
BY-LAW NO, 3002
BEING A EY -LAW TO PROVIDE FOR THE REGULATION OR PROHIBITION
OF UNUSUAL NOI')ES IN THE TOWN OF TILLSONBURG
Part 3
ENFORCEMENT
Part 1
NOISES - PROHIBITED
1.1
Likely to disturb - unusual - prohibited
1.2
Likely to disturb - unusual - set out
1.3
Horn - siren - bell - on vehicle - when not required
1.4
Horn - siren - bell - duration - unreasonable
1.5
Radio - loud speaker - other - annoying - disturbing
1.6
Animal - bird - disturbing peace - quiet
1.7
Vehicle - rattling - in disrepair - maladjusted
1.8
Vehicle - load - improperly secured
1.9
Whistle - air - steam - use - restricted
1.10
Exhaust - discharge - without muffler
1.11
Construction - excavation - 6 p.m. to 7a.m.
1.12
Quiet zone - noises - unreasonable - unnecessary
1.13
Loud speaker - horn - other - advertising
1.14
Loud speaker - other - in vehicle - use - restricted
1.15
Firearms - discharge - exception - peace officers
1.16
Power equipment - use - time restrictions
Part 3
ENFORCEMENT
Part 2
EXEMPTIONS
2.1
Public celebration - election - gathering - authorized
2.2
Parade - band - authorized
2.3
Tradesman - plying call - legitimacy - moderation
2.4
Emergency vehicle - police - fire - on duty
2.5
Radio - private - raotor vehicle - conditions
2.6
Railway - operations - under Railway Act
2.7
Public convenience - necessity
2.8
Commercial zoned area
Part 3
ENFORCEMENT
3.1 Fine - for contravention
3.2 Continuation - repetition - prohibited - by order
Part 4
SEVERABILITY
4.1 Validity
Part 5
REPEAL - ENACTMENT
5.1 By-law - previous
5.2 Effective; date
WHEREAS the Municipal Act, R.S.O. 1990, c. M.45, s. 210 138) provides that Councils
of all municipalities may pass bylaws to regulate or prohibit unusua noises, or noises likely to
disturb the inhabitants of the .down of Tillsonburg.
THEREFORE, the Municipal Council of The Corporation of the Town of Tillsonburg
enacts as follows:
SHORT TITLE
NOISE CONTROL BY-LAW
Part 1
NOISES — PROHIBITED
1.1 Likely to disturb - unusual - prohibited
No person shall rind; any bell, blow or sound any horn or cause the same to be rung, blown, or
sounded, shout or create, cause or permit any unusual noises, or noises likely to disturb the
inhabitants.
1.2 Likely to disturb - unusual - set out
For the purpose of end not so as to limit the generality of section 1.1 of this b -law, the noises or
sounds set out in sections 1.3 to 1.16 inclusive of this by-law shall be deeme to be unusual
noises or noises likcly to disturb the inhabitants.
1.3 Horn - siren - bell - on vehicle - when not required
The sounding of any bell, horn, siren or other signal device on any motor vehicle, motorcycle,
bicycle, or other vehicle of whatsoever kind except when permitted by by-law or for public safety
is prohibited.
1.4 Horn - siren - bell - duration - unreasonable
The sounding of any such bell, horn, siren, or signal device for an unnecessary or unreasonable
period of time is prohibited.
1.5 Radio - loud speviker - other - annoying - disturbing
The sound or noise from or created by any radio or phonograph, public address system, sound
equipment, loud speaker, or similar device or devices, or any musical or sound producing
instrument of whatever kind, when such device or instrument is played or operated in such a
manner or with such volume:
(a) as to annoy or disturb the peace, quiet, comfort or repose of any individual in any
dwelling house, apartment house, hotel or any other type of residence; or
(b) in the cas(; of a device or instrument located in any commercial buildin2 or structure, as
to be plainly audiblE.3,, upon the public streets at a distance of 25 meters rom the building
or structure in which such device or instrument is located, is prohibited.
1.6 Animal - bird - diisturbing peace - quiet
Any persistent soured made by an animal or bird which disturbs the peace, quiet, comfort or
repose of any individual in .any welling house, apartment house, hotel or any other type of
residence is prohibited.
1.7 Vehicle - rattling - in disrepair - maladjusted
Theating, grinc.ing or rattling noises or sound caused by condition of disrepair or
mala rjustment of arty motor vehicle, motorcycle, or other vehicle whatsoever or part or accessory
thereis prohibitec..
1.8 Vehicle - load - improperly secured
The noise created ley driving any vehicle bearin material, articles or things which are loaded
upon such vehicle in such manner as to create sucg noise is prohibited.
1.9 Whistle - vIr - steam - use - restricted
The blowing of anv steam or air whistle attached to or used in connection with any stationary
boiler or other machine or mechanism, except for the purpose of giving notice to workmen of the
time to commence or cease work, or as a warning of danger is prohibited.
1.10 Exhaust - discharge - without muffler
The discharge into the open air of the exhaust of any steam engine, stationary internal
combustion engine, motor vehicle or motorcycle, except through a muffler or other device which
effectively prevents loud or explosive noises is prohibited.
1.11 Construction - excavation -6 p.m. to 7 a.m.
Any noise arising between the hour of 6:00 o'clock p.m. of any day and 7:00 o'clock a.m. of the
next followin day from any excavation or construction work whatsoever, including the erection,
demolition, a terata :)n or repair of any building authorized by the Corporation is prohibited,
except in case of ur;:Yent necessity.
1.12 Quiet zone - noises - unreasonable - unnecessary
Any unreasonable End/or unnecessary noise in the vicinity of any school, hospital or court while
the same is in sess-ion. is prohibited, provided conspicuous signs are displayed in or u on the
streets adjoining any such school or court, indicating that such noises are prohibite in the
vicinity.
1.13 Loud speaker- horn - other- advertising
The noise or sound created by the use or operation of any drum, horn, bell, radio or mechanical
loudspeaker, or other instrument or device or sound -producing, or sound transmitting instrument
or apparatus for the purpose of advertising or for attracting attention to any performance, show or
sale or display of goods, wares or merchandise or which projects noise or sound into any street or
other public place is prohibited.
1.14 Loud speaker - other - in vehicle - use - restricted
The noise or sounc', created by the use or operation of any radio or mechanical loudspeaker or
amplifier or other instrument or device or sound -producing, sound -reproducing, or sound
transmitting instrument or ap !)aratus in or upon any vehicle is prohibited except for such time and
under such conditions as the Inspector of the Oxford County OPP may prescribe.
1.15 Firearms - discharge - exception - peace officers
The noise or sound caused by the discharge of any gun or other firearm, air gun and springy -gun or
any class or type thereof is prohibited, provided that this shall not apply to peace officers in the
performance of their duties.
1.16 Power equipment - use - time restrictions
Between the hours of 1.0:00 o'clock p.m. of any day and 7:00 o'clock a.m. of the next following
day, Sunday to Saturday, and 10:00 o'clock.m. Saturday until 9:00 clock a.m. Sunday, the noise
or sound created by the use or operation oft e following power equipment is prohibited:
(a) a lawnmower;
(b) a chain -saw; or
(c) any other such noise -generating tool or device.
Part 2
EXEMPTIONS
2.1 Public celebration - election - gathering - authorized
None of the provisions of this by-law shall appl to the use in a reasonable manner of any
apparatus or mechanism for the amplification o the human voice or of music or fireworks
exhibition in a public park or any other commodious space in connection with any public election
meeting, public celebration or other lawful gathering, with permission from the Inspector of the
Oxford OPP.
2.2 Parade •. band - authorized
None of the provisions of this by-law shall apply to any military or other band or of any parade
operating under permission obtained from the Inspector of the Oxford OPP.
2.3 Tradesman - lying call - legitimacy - moderation
None of the provisions o this by-law shall a ply to any newsboy, peddler, hawker or petty
tradesman plying his calling legitimately an moderately.
2.4 Emergcncy vehicle - police - fire - on duty
None of the rovisions of this by-law shall apply to any vehicle of the police or fire department
or any ambu ance or any public service or emergency vehicle while answering a call.
2.5 Radio - private - motor vehicle - conditions
None of the provisions of this by-law shall apply to any sound from any rivate radio in a motor
vehicle, installed for the sole benefit or entertainment of the operator and occupants of such
vehicle when same is not audible at a distance of 25 meters from such vehicle.
2.6 Railway - operations - under Railway Act
None of the provisions of this by-law shall apply to any sound arising from the operation of any
railway which operaes under the Railway Act of Canada or from any plant or work in connection
with any such railway.
2.7 Public %onvenience - necessity
None of the provisions of this by-law shall apply to any case of public convenience or necessity.
2.8 Commercial zoned — area
This does not apply to those areas zoned commercial.
Part 3
ENFORCEMENT
3.1 Fine - f or contravention
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.
3.2 Continuation - repetition - prohibited - by order
The court in which .he conviction has been entered and any court of competent jurisdiction
thereafter, may make an orderprohibiting the continuation or repetition of the offence by the
person convicted, and such orcler shall be in addition to any other penalty imposed on the person
convicted.
Part 4
SEVERABILITY
4.1 Validity
It is declared that notwithstanding that any section or sections of this by-law, or parts thereof,
may be found b any court oflaw law to be bad or illegal or beyond the power of the Council to
y f sha be deemed to be severable and that all other
enact, such section or section;5 or parts thereo
sections or parts of this by -laver are separate and independent therefrom and enacted as such.
Part 5
REPEAL — ENACTMENT
5.1 By-law -- previous
By-law 2238 and all of its amendments are hereby repealed.
5.2 Effective date
This By-law shall came into f :)rce and effect upon final passing.
READ A FIRST AND SECOND TIME this 10th day of December, 2001.
READ A THIRD TIME AND FINALLY PASSED this 14t" day of February, 2002.
MA CLE