HomeMy WebLinkAbout97-124 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 97-124
being a by-law to amend By-law No. 89-184,
as amended, a by-law to prohibit noises likely
to disturb the inhabitants of the Municipality
of Clarington
WHEREAS the Council of The Corporation of the Municipality of Clarington deems
it expedient to further amend By-law No. 89-184, as amended;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY
OF CLARINGTON HEREBY ENACTS AS FOLLOWS:
1 . THAT By-law No. 89-184, as amended, is further amended by:
(a) deleting the words "Town of Newcastle" wherever they appear and by
replacing them with the words "Municipality of Clarington";
(b) deleting the word "Town" wherever it appears and by replacing it with
the word "Municipality";
(c) adding to the aforesaid By-law No. 89-184 new Schedule "A", "B",
"C", "D" and "E" in the form and with the content of Schedules "A",
"B", "C", "D" and "E" attached to and forming of this By-law.
(d) renumbering section 1 as subsection 1 (1) and by adding to it after the
words "inhabitants of the Municipality of Clarington" the following:
"or likely disturb the inhabitants of an area of primary auditory impact
in the Municipality of Clarington."
(e) adding new subsections 1 (2), 1 (3) and 1 (4) as follows:
"1(2) For the purposes of this by-law an area of primary auditory
impact in the Municipality of Clarington is an area within which
the ringing of a bell, the blowing or sounding of the horn or the
unusual noise is audible to a reasonable inhabitant who is using
his land, a public street or a park owned by the Municipality of
Clarington for its ordinary purpose.
1 (3) Nothwithstanding subsection 1 (2) of this By-law, in the case of
Mosport Park, for the purposes of this By-law, the area of
primary auditory impact is defined to comprise the lands within
the Municipality of Clarington which are located within 500
metres from any boundary of Mosport Park.
1 (4) For the purposes of this By-law, Mosport Park comprises those
lands and premises that are more particularly described in
Schedule "A" attached to and forming part of this By-law."
(f) amending section 2 by:
(i) deleting the word and figure "paragraph 1 " and by replacing
them with the words and figure "subsection 1 (1 ) of this
By-law"; and
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By-Law No. 97-124 Page 2
(ii) and by adding after the words "inhabitants of the Municipality
of Clarington" the words "or the inhabitants of an area of
primary auditory impact referred to in subsection 1 (1)".
(g) deleting from paragraph 3(a) the words "public place" and by
replacing them with the words "park or recreation centre owned by
the Municipality of Clarington";
(h) amending section 4 by deleting the first three lines thereof and by
replacing them with the following:
"Notwithstanding the other provisions of this By-law, this By-law shall
not apply to a person who permits or causes the emission of sound in
connection with any of the traditional religious activities including but
not limited to celebrations of members of a religious organization or
group, a church, a synagogue or a temple, or such other activities
listed hereunder:";
(i) deleting paragraph 4(i) and by replacing it with a new paragraph 4(i)
as follows:
"4(i) automobile and motorcycle racing at Mosport Park, provided
that the maximum level of audible sound in the area of
primary auditory impact of Mosport Park measured in
accordance with subsection 7(2) of this By-law at any of the
noise monitoring locations situated within 10 metres of a limit
of Mosport Park and shown on the map contained in Schedule
"B" attached to and forming part of this By-law between the
hours of any day set out below does not exceed the maximum
level of audible sound also set out below:
Maximum Level
Hours To of Audible Sound
12:01 AM 9:59 AM 45 dBA
10:00 AM 11 :59 AM 60 dBA
12:00 NOON 4:59 PM 70 dBA
5 PM Midnight 60 dBA
(j) renumbering paragraph 4(j) as paragraph 4(k) and by adding a new
paragraph 4(j) as follows:
"(j) concerts at Mosport Park, provided that the maximum level of
audible sound in the area of primary auditory impact of Mosport
Park measured in accordance with subsection 7(2) of this
By-law at any of the noise monitoring locations situated within
10 metres of a limit of Mosport Park and shown on the map
contained in Schedule "B" attached to and forming part of this
By-law between the hours of any day set out below does not
exceed the maximum level of audible sound also set out below:
By-Law No. 97-124 Page 3
Maximum Level
Hours To of Audible Sound
12:01 AM 9:59 AM 45 dBA
10:00 AM Midnight 60 dBA
(k) repealing sections 7 and 8;
(1) adding new subsections 7(1) and (2) as follows:
"7(1 ) For the purposes of this By-law the term,
(a) "Acoustic Calibrator" means an electro-mechanical or
mechanical device intended for the calibration of sound level
meters and meeting the specifications for equipment used in the
measurement of sound set out in Schedule "C" attached to and
forming part of this By-law.
(b) "A-weighting" means the frequency weighting characteristic as
specified in Schedule "D" attached to and forming part of this
By-law and intended to approximate the relative sensitivity of
the normal human ear to different frequencies (pitches) of
sound.
(c) "A-weighted sound pressure level" means the sound pressure
level modified by application of the A-weighting. It is measured
in decibels, A-weighted, and denoted dBA.
(d) "decibel" or "dB" means a dimensionless measure of sound
level or sound pressure level in which sound levels are
measured.
(e) "dBA" means the dB level to which has been applied the
A-Weighting.
(f) "effective sound pressure" at a point means the root-mean
square value of the instantaneous sound pressure, over a time
interval, at the point under consideration as detected with a
sound level meter meeting the specifications for equipment used
in the measurement of sound set out in the aforesaid Schedule
„C„
(g) "Fast response" means a dynamic characteristic setting of a
sound level meter meeting the specifications for equpment used
in the measurement of sound set out in the aforesaid Schedule
11011
(h) "frequency" of a periodic quantity means the number of times
that the quantity repeats itself in a unit interval of time. The
unit of measurement is hertz (Hz) which is the same as cycles
per second.
(i) "Quasi-steady impulsive sound" means a sequence of impulsive
sounds emitted from the same source, having a time interval of
less than 0.5 seconds between successive impulsive sounds.
By-Law No. 97-124 Page 4
(j) "Slow Response" means a dynamic characteristic setting of a
sound level meter meeting the specifications for equipment used
in the measurement of sound set out in the aforesaid Schedule
„C„
(k) "Sound" means an oscillation in pressure, stress, particle
displacement or particle velocity, in a medium with internal
forces (e.g. elastic, viscous), or the superposition of such
propagated oscillation, which may cause an auditory sensation.
(1) "Sound level" means an A-weighted sound pressure level.
(m) "Sound level meter" means an instrument which is sensitive to
and calibrated for the measurement of sound.
(n) "Sound Pressure" means the instantaneous difference between
the actual pressure and the average or barometric pressure at a
given location. The unit of measurement is the micropascal
(uPa) which is the same as a micronewton per square metre
(uN/m2).
(o) "Sound pressure level" means twenty times the logarithm to the
base 10 of the ratio of the effective pressure (p) of a sound to
the reference pressure (pr) of 20 uPa).
(2) For the purposes of paragraphs 4(i) and 4(j) of this By-law, the
Measurement procedures which shall be followed in measuring
the level of audible sound are set out in Schedule "E" attached
to and forming part of this By-law.
(m) adding a new section 8 as follows:
8. Every person who contravenes any of the provisions of
this By-law is guilty of an offense under the Provincial
Offences Act."
2. The invalidity of any section, paragraph, portion of a paragraph, clause, or
portion of a clause of this By-law is not intended to and shall not affect the
validity of any other provision of this By-law.
3. This By-law comes into force on the day it is passed.
By-law read a first and second time this 23rd day of June, 1997.
By-law read a third time and finally passed this 23rd day of June, 1997.
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Mayor
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SCHEDULE "A"
Lots 33, 34 and 35 and the unopened original road allowance between Lots 34 and
35, Concession 9, Geographic Township of Clarke, Municipality of Clarington,
Regional Municipality of Durham.
SCHEV LE "B"
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SCHEDULE "C"
SPECIFICATIONS FOR EQUIPMENT
USED IN MEASUREMENT OF SOUND
A. General Purpose Sound Level Meter
(1) Purpose
A General Purpose Sound Level Meter is a sound level meter which is intended
to be used for the measurement of non-impulsive sounds, without significant A-
weighted acoustic energy above 2000 Hz.
(2) Specifications
A sound level meter which meets the following specifications is a General
Purpose Sound Level Meter:
(a) the sound level meter, including a microphone equipped with a windscreen
shall be consistent with the provisions of Schedule "D" attached to and
forming part of this By-law;
(b) the sound level meter shall incorporate A-weighting;
(c) the sound level meter shall have a minimum usable range of sensitivity of
from 40 dBA to 100 dBA and it shall read to an accuracy of +/-1.0 dB
over that range;
(d) a windscreen shall be installed on the microphone and shall not affect by
more than 1 dB the tolerance prescribed in clauses (a) and (c);
(e) the sound level meter, including a microphone equipped with a
windscreen, shall, when operated in the presence of wind, indicate a wind-
induced sound level not in excess of the relevant value listed in Table C-1
below.
TABLE C - 1
WIND SPEED dBA
15 km/h 41
20 km/h 48
25 km/h 53
B. Acoustic Calibrator
(1) Purpose
An Acoustic Calibrator is an electro-mechanical or mechanical device which
produces sound of a known frequency and which, when coupled to a sound
level meter, produces a predictable response in the sound level meter if the
sound level meter is operating properly at the calibration frequency.
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(2) Specifications
A device, capable of producing sound, which meets the following
specifications is an Acoustic Calibrator:
(a) the device shall be capable of being physically attached to a sound level
meter in such a way that the device and the sound level meter are
"acoustically coupled", that is, sound from the device is transmitted
through the air by way of a chamber formed by the attachment of the
device to the microphone of the sound level meter;
(b) the device shall produce sound of a stated frequency, within a
frequency tolerance of +1-5%;
(c) the manufacturer of the device shall provide with the device, any data
required in order to determine the sound level reading which should be
indicated on the sound level meter when calibrated for those
microphone and sound level meter types with which the manufacturer
recommends the device be used. Where additional accessories must be
used to provide this sound level reading, the manufacturer shall state
that they must be used;
(d) the maximum tolerance in the sound pressure level generated by the
device when coupled to the microphone shall apply over an atmospheric
pressure range of 87 kPa to 107 kPa, and shall be +/-0.5 dB over the
temperature range of from 0°C to 40°C and +/- 1.0 dB over the
temperatutre range of from -10°C to 50°C.
(e) if the device is battery powered, means for checking the battery
condition shall be included with the device;
(f) the following data shall be provided with the device by the
manufacturer,
(i) the nominal sound pressure level produced,
(ii) the nominal frequency at which the device operates,
(iii) the ranges of temperature and atmospheric pressure over which
the device is intended to operate, and the applicable overall
sound pressure level tolerance for these ranges.
SCHEDULE "D"
Schedule "D" comprises the provisions of the document entitled "Sound Level
Meters" (IEC 651), First edition, 1979 Amendment 1 (1993-09) published by the Bureau
Central de la Commission Electrotechnique Internationale, Geneva, Switzerland, with the
exception of the provisions set out below. Schedule "D" does not include the following
provisions of IEC 651:
Page Reference
5 "Other IEC Publication Quoted in This Standard"
9 IEC 537 - "D" weighting
17 IEC 537 - "D" weighting
43 IEC 537 - "D" weighting
11 International Electrotechnical Vocabulary, chapter 801
17 ISO 266
Footnote to Table IV
Schedule "D" also does not include references set out in Amendment 1 (1993-09)
to the Standard IEC 942 1988 Sound Calibrators under the title "Other IEC Publications
Quoted in This Standard.