The URL can be used to link to this page

Home My WebLink About87-131 .' . ~,. . ". AMEI~CDj d 11 BY.LAW ,s.1.'.~J. REPEALED BY 8 BY-LAW t.K~.:.!..:1 ~~ .~ . .- , I> ,.~/ ,~ /' . THE CORPORATION Of THE TOWN Of NEWCASTLE BY-LAW 87-131 being a by-law to prohibit noises likely to disturb the inhabitants of the Town of Newcastle WHEREAS Paragraph 132 of Section 208 of The Municipal Act. R.S.O. 1980. provides that by-laws may be passed by the Councils of all municipalities, for the 'prohibiting. or regulating within the municipality. or within any defined 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 any horn. shout or make any unusual noise. or noise likely to disturb the inhabitants of the Town of Newcastle. 2. Without limiting the generality of paragraph 1 of this by-law. the followinq 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 volur~ as to annoy or disturb the peace. qu i et. comfort or repose of any i nd i v i dua I in any dwe Iii ng 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 mechanism, except for the purpose of giving notice to workmen of the time to commence or cease work or as a warning of danger; e) the noise made by power lawnmowers. outboard motors or similar power motors; f) 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 muffler or other device which effectively prevents loud or explosive noises~ 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 t.han agriculture~ 3. Notwithstanding the other provisions of this by-law, this by-law shall not apply to prevent: a) Ule use in a reasonable manner of any apparatus or mechanism for the cllTlplIficatlOIl of tile human VOIc(~ or of music in d public place wltlHn tlw 111njl~; of t11P COrpOT"dtion; By-law 87-131 :...,. - 2 - - . ,,t, ,'* b) Any military or other band or any parade operating with written penmission first obtained from the Town of Newcastle; , c~ " . .< - . ( c) Any vehicle of the police or fire 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; f} The making by any per~on 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 enjoym~nt 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 Of causes the emission of sound in connection with any of the traditional, festive, religious activities and such other activities listed hereunder: a) Mosport Park, automobile racing; b} The Bowmanville Foundry Co. Ltd., manufacturing; c} Goodyear Canada Inc., manufacturing; d} J. Anderson Smith, manufacturing; e) Curvply Wood Products Ltd., Plydesigns, Nesting Furniture; f} Orono Fish and Hunt Club, shooting range; g) Union Rod and Gun Club, shooting range; h} The Marksman Club of Oshawa, shooting range; i} Oshawa Ski Club, recreational snowmaking; j} Parades, controlled demonstrations and rallies and municipally sponsored events; k) All agricultural pro~erties where noise emissions are directly related to normaltagricultural activities; I} Licenced 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. 5. GRANT OF EXEMPTION BY COUNCIL Notwithstanding the provisions of this by-law, any person may make application to the Council of the Town of Newcastle for an exemption from this by-law. All exemptions granted hy Council shall be undertaken by amendment to this by-law. 6. SEVERABILITY If a court of competent Jurisdiction should declare any section or part of a sertion of the by-law to be invalid, such section or part of a section shall not be construed as having persuaded or influenced Counci I to pass the remainder of the by-law and it is hereby declared that the remainder of the by-law sllall be valid and shall remain in force. 7 . ENFORCEMENT Tile provisions of this by-law sl1all be e:nforced on a complaint basis only, by tile Durham R(~qional Pol ice Force as the Town I s designated Noise Control Officers. . 'ji-law 87-131 ~ ... .~ . ',. wi" ." .... - 3 - " 8. PENALTY Every person who contravenes any of the provlslons of this by-law, is guilty of an offence and shall, upon conviction thereof, forfeit and pay a penalty of not less than $50.00 nor more than $1,000.00 for a first offence and not less than $100.00 and not more than $1,000.00 for a second or subsequent offence, exclusive of costs and every such fine is recoverable under The Provincial Offences Act. 9. By-law Number 1982 of the former Town of Bowmanville and By-law Number 67-18 of the Former Village of Newcastle and all by-laws of the Town of Newcastle's predecessor municipalities not consistent with this by-law, are hereby repealed. By-law read a first and second time this 13th day of July 19B? By-law read a third time and finally passed this 13th day of July 198'. Mayor ~vJ. {}6~, Clerk