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Home My WebLink About89-184 , -- t(' -.,.j ,c, AMENDED BY I q BY.LAW /3.:>o.-..1.J. THE CORPORATION OF THE TOWN OF NEWCASTLE AMENDED "1- .:;1- BY.LAW..':f....../.... ~ENDED 8' --, . //,.....<.- 05-=1- .i1:-l.AW'''""H...... BY-LAW NO. 89-184 being a by-law to prohibit noises likely to disturb the inhabitants of the Town of Newcastle and a by-law to repeal By-law 87-131 and all previous by-laws related thereto WHEREAS Section 210.132 The Municipal Act, R.S.O. 1980, C. 302 provides that by-la~ may be passed by the Council of a municipality, for prohibiting or regulating within the municipality, or within any dermed area or areas thereof, the ringing of bells, the blowing of horns, shouting and unusual noises, or noises likely to disturb the inhabitants: AND WHEREAS the Council of-the Corporation of the Town of Newcastle deems it appropriate to enact a by.law to reduce and control such noises: NOW THEREFORE, the Council of the Corporation of the Town of Newcastle hereby enacts as follows: 1. No person shall in the Town of Newcastle ring 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 of the Town of Newcastle. 2. Without limiting the generality of Paragraph 1 of this by-law the following noises are hereby deemed to be noises likely to disturb the inhabitants of the Town of Newcastle: a) the ringing of bells, blowing of horns or sounding of sirens on any motor vehicle except to the extent that such ringing, blowing or sounding is required by law or by the requirement of safety; b) the sound or noise from or created by a radio or phonograph, or any musical or sound- producing instrument of whatsoever kind when such radio or phonograph or instrument is played or operated in such manner or with such volume as to annoy or disturb the peace, quiet, comfort or repose of any individual in any dwelling house, apartment house, hotel or other type of residence outside the premises where the instrument is being played; c) the grating, grinding or rattling noise or sound caused by a condition of disrepair or maladjustment of any motor vehicle, motorcycle, or other vehicle whatsoever or part or accessory thereof; d) the blowing of any steam or air whistle attached to or used in connection with any stationary boiler or other machine or mechaniRm, except for the purpose of giving notice to workmen of the time to commence or case work or as a warning of danger; e) the noise made by power lawnmowers, outboard motors or similar power motors; t) the noise made by the discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine, motor vehicle or motorcycle except through a muftler or other device which effectively prevents loud or explosive noise; g) any noise which may be heard beyond the lot upon which it is made at sufficient volume to disturb persons beyond such lot; h) the persistent barking, calling or whining, or other similar persistent noise made by any domestic pet, or any other animal kept, or used for any purpose other than agriculture; i) with respect to a licensed canine kennel there shall be a noise curfew imposed, to wit: (i) evenings - Sunday to Friday inclusive, there shall be a curfew commencing at 11 o'clock P.M. and such curfew shall continue until 7 o'clock AM. of the following day; Saturday, the curfew shall commence at 11 o'clock P.M. and shall continue until 8 o'clock AM. Sunday morning; (ll) during the periods identified as the curfew hours, any kennel noise, more particularly the barking of dogs, which carries beyond the boundary of the property upon which the licensed kennel is situated shall be deemed to be a contravention; and (ill) that during non-curfew hours, that is from 7 o'clock AM. to 11 o'clock P.M., Monday to Saturday inclusive, and from 8 o'clock AM. to 11 o'clock P.M. Sunday, continuous barking for a period in excess of 1 hour at any time shall be deemed to - be a contravention; and " t ., . , - 2 - By-law No. 89- 184 j) any noise arising between the hour of 11 o'clock P.M. of any day and 7 o'clock AM. of the following day from any excavation or construction work whatsoever, including the erection, demolition, alteration of repair of any building authorized by the Town, except in case of urgent necessity and then under authorization from the Town. 3. Notwithstanding the other provisions of this By-law, this by-law shall not apply to prevent: a) the use in a reasonable manner of any apparatus or mechanism for the amplification of the human voice or of music in a public place within the limits of the Corporation; b) any military or other band or any parade operating with written permission rust being obtained from the Town of Newcastle; c) any vehicle of the police or rue department or any ambulance or any public service or emergency vehicle in the discharge of its assigned duties; d) any sound arising from the operation of any railway which operates under The Railway .Act of Canada or from any plant or work in connection with any such railway; e) the sounding of church bells or carillons; and f) the making by any person upon his own property of noise which is reasonable and necessary for his enjoyment and use of such property provided that such noise does not interfere with the enjoyment of any adjoining property owner. 4. 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, festive, religious activities and such other activities listed hereunder; a) the Bowmanville Foundry Co. Ltd., manufacturing; b) Goodyear Canada Inc., manufacturing; ~ c) J. Anderson Smith, manufacturing; d) Curvply Wood Products Ltd., Plydesigns, Nesting Furniture; e) Oshawa Ski Club, recreational snowmaking; f) parades, controlled demonstrations and rallies and municipally sponsored events; g) all agricultural properties where noise emissions are directly related to normal agricultural activities; h) licensed pit and quarry operations except where such operations are restricted to specified hours of operation through municipal development agreements where such hours are more restrictive than any which may be prescribed by by-law; i) Mosport Park, automobile, motorcycle racing; and j) St. Marys Cement, its licensed pit and quarry operations and all assessory uses related thereto. 5. A noise curfew shall apply to the following operations and or businesses within the Town of Newcastle as follows: a) Orono Fish and Hunt Club, shooting range b) Union Road and Gun Club, shooting range; and c) The Marksman Club of Oshawa This curfew shall commence at 11 o'clock P.M. and such curfew shall continue until 7 o'clock AM. of the following day, Monday through Saturday. On Saturday, the curfew shall commence at 11 o'clock P.M. and continue until 9 o'clock AM. and then resume at 11 o'clock P.M. on Sunday. It is noted that noises eminating from such operations shall not be considered a violation when said operations are carried on outside the time periods set by a curfew. ~ - 3 - By-Jaw No. 89-184 6. A noise curfew shall apply to the use of propane guns and other such devices associated, used to protect agricultural products from predation by water, land fowl and bird life. This curfew shall commence at 11 o'clock P.M. and shall continue until 7 o'clock Am., seven days a week. 7. ENFORCEMENT The provisions of the By-Jaw shall be enforced on a complaint basis only, by Durham Region Police Department and the By-Jaw Enforcement Department as the town's designated noise control officers. . 8. PENALTY Every person who contravenes any of the provisions of this by-Jaw is guilty of an offence and sba1l, upon conviction thereof, forfeit and pay a penalty of not less than $50.00 and not more than $2,000.00 exclusive of costs and every such fme is recoverable under the Provincial Offences Act. The court, wherein the information is first laid, and any court of competent jurisdiction thereafter, may issue an order prohibiting the continuation or repetition of the offence by the persons convicted, and such an order shall be in addition to any other penalty imposed on the person convicted. 9. By-Jaw 87-131 of the Corporation of the town of Newcastle and all by-Jaws of the Town of Newcastle's predecessor municipalities not consistent with this By-Jaw are hereby repealed. 10. This by-Jaw comes into force on the day it is passed. By-Jaw read a fU'St and second time this 11 day of December, 1989. By-Jaw read a third time and fwally passed this 11 day of December, 1989. (;