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HomeMy WebLinkAboutP-219-79�rJ CORPORATION OF THE TOWN OF NEWCASTLE PLANNING AND DEVE LOPMENTDEPARTMENT HAMPTON, ONTARIO LOB1JO D.N.SMITH,M.L.I.P., Director 263-2231 TEL. (476)263-2231 REPORT TO PLANNING AND DEVELOPMENT COMMITTEE MEETING OF December 6, 1979 REPORT NO.: P-219-79 SUBJECT: Noise Control By-law 7./ BACKGROUND: On August 7, 1979, the Finance and Administration Committee directed staff to prepare a Noise Control By-law. A copy of the Ontario Ministry of the Environment's model Noise Control By-law was forwarded to the Planning Department from the Clerk's Department for consideration on November 9, 1979. , COMMENT: Planning Staff have prepared the attached draft Noise Control By-law with reference to the Ministry of the Environment's guidelines for preparing Noise Control By-laws and with reference to by-laws in force in other municipalities. The draft by-law follows the Ministry's "subjective" Noise Con- trol By-law model. The by-law defines categories of noise and indicates periods of time during which such sources of noise would be prohibited in two major categories of land use. / - 2 In preparing the draft By-law, staff have defined "Quiet Zones" around certain institutional uses. The definition of these zones are based on the 400 foot requirement for the circulation of zoning by-law amendments and may not be entirely appropriate. Staff note that as the by-law is "subjective", i.e.; noise is not scientifically measured, that problems of enforcement may be ex- perienced. For these reasons, Planning staff feel that further review of the proposed by-law is warranted. RECOMMENDATION: That the draft Noise Control By -.law be referred tc the Finance and Administration Committee for review with the By-law Enforcement Officer, and that the By-law Enforcement Officer be authorized to cir- culate the By-law for comments as may be considered appropriate. Respectfully submitted, DNS:lb D. N. Smith, M.C.I.P. November 29, 1979 Director of Planning. THE CORPORATION of the T 0 W N O F N E W C A S T L E BY-LAW NO. 79 - BEING A BY-LAW TO CONTROL NOISE. ..DW THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW 79 - BEING A BY-LAW TO CONTROL NOISE. WHEREAS it is expedient to exercise the power conferred upon the Council by The Environmental Protection Act, 1971, as amended, and other statutory authority; and WHEREAS a recognized body of scientific and technological knowledge exists by which sound and vibration may be substantially reduced; and WHEREAS the people have a right to and should be ensured an environment free from unusual, unnecessary, or excessive noise or vibration which may degrade the quality and tranquility of their life or cause nuisance; and WHEREAS it is the policy of the Council to reduce and control such noise or vibration; NOW THEREFORE, the Council of the Corporation of the Town of Newcastle enacts as follows: I. Interpretation Definition In this by-law, (a) Certificate !'Certificate" means a Certificate of Competency in Environ- mental Acoustics Technology of a specified class issued by the Minister of the Environment; (b) Construction "Construction" includes erection, alteration, repair, dis- mantling, demolition, structural maintenance, painting, moving, land clearing, earth moving, grading, excavating, the laying of pipe and conduit whether above or below ground level, street and highway building, concreting, equipment installation and alteration and the structural installation of construction com= ponents and materials in any form or for any purpose, and in- cludes any work in connection therewith; -z- (c) Construction Equipment "Construction Equipment" means any equipment or device designed and intended for use in construction, or material handling, including but not limited to, air compressors, pile drivers, pneumatic or hydraulic tools, bulldozers, tractors, excavators, trenchers, cranes, derricks, loaders, scrapers, pavers, generators, off-highway haulers or trucks, ditchers, compactors and rollers, pumps, concrete mixers, graders, or other material handling equipment; (d) Conveyance "Conveyance" includes a vehicle and any other device em- ployed to transport a person or persons or goods from place to place but does not include any such device or vehicle if operated only within a building; (e) Council "Council" means the Council of the Corporation of the Town of Newcastle; (f) Highway "Highway" includes a common and public highway, street, avenue, parkway, driveway, square, place, bridge, viaduct or trestle designed and intended for, or used by, the general public for the passage of vehicles; (g) Minister "Minister" means Minister of the Environment; (h) Ministry "Ministry" means Ministry of the Environment; (i) Motor Vehicle "Motor Vehicle" includes an automobile, motorcycle, and any other vehicle propelled or driven otherwise than by muscular power, but does not include the cars of electric or steam railways, or other motor vehicle running only upon rails, or a motorized snow vehicle, traction engine, farm tractor, self-propelled implement of husbandry or roadbuilding machine within the meaning of The Highway Traffic Act; (j) Motorized Conveyance "Motorized Conveyance" means a conveyance propelled or driven otherwise than by muscular, gravitational or wind power; R - 3 - (k) Municipality "Municipality" means the land within the geographic limit of the Town of Newcastle; (1) Noise "Noise" means unwanted sound; s (m) Noise Control Officer "Noise Control Officer" means a person designated by Council as responsible for the administration of this By-law, and more specifically shall be the By-law Enforcement Officer; (n) Point of Reception "Point of Reception" means any point on the premises of a person where sound or vibration originating from other than those premises is received; (o) Quiet Zone "Quiet Zone" means any area of the municipality that is within the areas as shown in Appendix "A" of Schedule 2 of this by-law; (p) Residential and Agricultural "Residential" and "Agricultural" area means any area designated as residential and agricultural in Zoning By-laws No. 1587, 1592, 2111, 79-44 of the Corporation of the Town of Newcastle; (q) Stationary Source '•'Stationary Source" means a source of sound which does not normally move from place to place and includes the premises of a person as one stationary .source, unless the dominant source of sound on those premises is construction equipment or a conveyance. 2. Prohibitions No person shall.emit or cause or permit the emission of sound re- sulting from an act listed in Schedule 1 - General Prohibitions, and which sound is clearly audible at a point of reception. - 4 - 3. Limitations by Time and Place pip No person shall emit or cause or permit the emission of a sound resulting from any act listed in Schedule 2 - Prohibitions by Time and Place, if clearly audible at a point of reception located in an area of the Municipality specified in Schedule 2 within a prohibited time shown for such an area. 4. Exemption Public Safety Notwithstanding any other provision of this by-law, it shall be lawful during an emergency to emit or cause or permit the emissory of sound or vibration in connection with emergency measures: (a) for the immediate health, safety or welfare of the inhabitants or any of them; or, (b) for the preservation or restoration of property; unless such sound or vibration is clearly of a longer duration, or nature more disturbing, than is reasonably necessary for the accomplishment of such emergency pur- pose. 5. Grant of Exemption by Council (1) implication to Council Notwithstanding anything contained in this by-law, any person may make application to Council to be granted an exemption from any of the provisions of this by-law with respect to any source of sound or vibration for which he might be prosecuted and Council, by resolution, may refuse to grant any exemption or may grant the exemption applied for or any exemption of lesser effect and any exemption granted shall specify the time period during which it is effective and may contain such terms and conditions as Council sees fit. (2) Details of Application for Exemption The application mentioned in subsection (1) shall be made in writing, in duplicate, and shall contain: (a) the name and address of the applicant, (b) a description of the source of sound or vibration in respect of which exemption is sought, (c) a statement of the particular provision or provisions of the by-law from which exemption is sought, (d) the period of time, of a duration not in excess of six months, for which the exemption is sought, (e) the reasons why the exemption should be granted, (f) a statement of the steps, if any, planned or presently being taken to bring about compliance with the by-law, and (g) proof of publication within the preceding ten days, in a newspaper of general circulation within the Municipality, of a notice of intention to apply for an exemption to this by-law, containing the informa- tion required by clauses (a) through (e) hereof, and further stating the date upon which it is intended that application will be made to Council. (3) Noise Control Officer Council shall cause one copy of the application for exemp- tion to be delivered to the Noise Control Officer and he shall prepare a report to Council forthwith, stating his opinion of the merits of the application and his recommen- dations as to terms and conditions which, in his opinion, should be imposed upon the applicant if the exemption`is granted and Council will not consider the application for exemption until it has received the report of the Noise Control Officer. (4) Report The Noise Control Officer shall forward a copy of his re- port to the applicant at the address shown on the appli- cation by prepaid registered mail and shall, not sooner than two weeks after the mailing of the report to the applicant, submit the report to Council and shall, on re- quest, make his report available for public inspection. (5) Decision In deciding whether to grant the exemption, Council shall consider the application, the report of the Noise Control Officer, and any written submission then received by Council and made by the applicant after receipt of the report of the Noise Control Officer and the Council may consider such other matters as it sees fit. (6) Breach Breach by the applicant of any of the terms or conditions of the exemption shall render the exemption null and void. 6. Exemption of Traditional Festive or Religious Activities a Notwithstanding any other provision of this by-law, this by-law does not apply to a person who emits or cause or permits the emission of sound or vibration in connection with any of the traditional, festive, religious and other activities listed in Schedule 3. 7. Severability If a Court of competent jurisdiction should declare any section or part of a section of this by-law to be invalid, such section or part of a section shall not be construed as having persuaded or influenced Council to pass the remainder of the by-law and it is hereby declared that the remainder of the by-law shall be valid and shall remain in force. 8. Penalty Every person who contravenes any of the provisions of this by-law is guilty of an offence and shall, upon conviction thereof, for- feit 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 Summary Convictions Act. BY-LAW READ A FIRST TIME this BY-LAW READ A SECOND TIME this day of , A.D. 1979. day of , A.D. 1979. BY-LAW READ A THIRD TIME AND FINALLY PASSED, this day of A.D. 1979. (seal) G. B. RICKARD, Mayor J. M. MCILROY, Clerk a low SCHEDULE 1 General Prohibitions 1. Racing of any motorized conveyance other than in a racing event regulated by law. 2. The operation of a motor vehicle in such a way that the tires x squeal. 3. The operation of any combustion engine without an effective exhaust muffling device in good working order and in constant operation. 4. The operation of a vehicle or a vehicle with a trailer resulting in banging, clanking, squealing or other like sounds due to im- properly secured load or equipment or inadequate maintenance. 5. The operation of an engine or motor in, or on, any motor vehicle or item of attached auxiliary equipment for a continuous period exceeding five minutes, while.such vehicle is stationary in a residential area or in a Quiet Zone unless: (i) the vehicle is in an enclosed structure constructed so as to effectively prevent excessive noise emission; or (ii) the original equipment manufacturer specifically recom- mends a longer idling period for normal and efficient operation of the motor vehicle in which case such recommended period shall not be exceeded; or operation of such engine or motor is essential to a basic function of the vehicle or equipment, including but not limited to, operation of ready -mixed concrete trucks, lift Platforms or refuse compactors and heat exchange systems, or (iv) weather conditions justify the use of heating or refriger- ating systems powered by the motor or engine for the safety and welfare of the operator, passengers or animals, or the preservation of perishable cargo; or (v) prevailing low temperatures make longer idling periods necessary, immediately after starting the motor or engine; or (vi) the idling is for the purpose of cleaning and flushing the radiator and associated circulation system for seasonal change of antifreeze, cleaning of the fuel system, carburetor or the like, when such work is performed other than for profit. 6. The operation of a motor vehicle horn or other warning device except where required or authorized by law. 7. The operation of any item of construction equipment in a Quiet Zone without effective muffling devices in good working order and in constant operation. SCHEDULE 2 PROHIBITIONS BY TIME AND PLACE 1. The detonation of fireworks or - explosive devices not used in construction. 2. The discharge of firearms. 3. The operation of a combus- tion engine which, (i) is, or (ii) is used in, or (iii)is intended for use in, a toy or a model or replica of any device, which model or replica has no function other than amusement and which is not a conveyance. 4. The operation of any electronic device or group of connected electronic devices incorpor- ating one or more loudspeakers or other electro -mechanical transducers, and intended for the production, reproduction or amplification of sound. 5. The operation of any auditory signalling device, including but not limited to the ringing of bells or gongs and the blow- ing of horns or sirens or whistles or the production, reproduction or amplification of any similar sounds by electronic means except where required by authorized by law or in accordance with good safety practices. 6. The operation of any powered rail car including but not limited to refrigeration cars, locomotives or self-propelled passenger cars, while stationary on property not owned or controlled by a railway goveited by the Canada Railway A'c t Prohibited Period of Time Residential and Quiet Zone Agricultural Zones At all times At all times At all times At all times At all times At all times At all times At all times At all times C D & E 0 y 2 Prohibited Period of Time Residential and __ Quiet Zone Agricultural Zones 7. The operation of any motorized At all times g conveyance other than on a high- way or other place intended for its operation. 8. The venting, release or pressure At all times A relief of air, steam or other gaseous material, product or compound from any autoclave, boiler pressure vessel, pipe, valve, machine, device or system. 9. Persistent barking, calling or At all times A whining or other similar persis- tent noise making by any domestic pet or any other animal kept or used for any purpose other than agriculture. 10. The operation of a commercial At all times D & E car wash with air drying equip- ment. 11. Yelling, shouting, hooting, whis- At all times A tling or singing. 12. The operation of a power assisted At all times D & E. hang glider or parafoil. 13. The operation of any item of snow At all times E making equipment. 14. All selling or advertising by At all times D & E shouting or outcry or amplified sound. 15. Loading, unloading, delivering, D & E packing, unpacking, or otherwise D & E handling any containers, products, materials, or refuse, whatsoever, unless necessary for the mainten- ance of essential services or the moving of private household effects. 16. The operation of any equipment in D & E D & E connnection with construction. 17. The operation or use of any tool C g for domestic purposes other than snow removal. - 3 - Prohibited Period of Time Residential and __ Quiet Zone Agricultural Zones 18. The operation of solid waste bulk C A lift or refuse compacting equip- ment. 19. The operation of a commercial C A car wash of a type other than mentioned in item 10. PROHIBITED PERIODS OF TIME: I A - 23 00 one day to 07 00 next day (09 00 Sundays) B - 19 00 one day to 07 00 next day (09 00 Sundays) C - 17 00 one day to 07 00 next day (09 00 Sundays) D - All day Sundays and Statutory Holidays. E - 19 00 one day to 07 00 next day. A PPE N D I X A M A P S 1- 3 MAP I LOT , xe •\ _ xx I 10! 36 Quiet Zone -122m East and West of Net Gor Castle Nursing Home `oiet Zone -122m radius of South Haven Nursing Home rai npy�p W i c Cp er xCAI< p � r"WCASTLE 1 i I a ---T-- - OuletZone- 12" radius of Orono Senior Cif*en Home --..; o�ono IVIHr C MAY 3 Quiet Zone- Block whets - Mornvmd Nursing Home is located.,.. i Quiet Zone- 122m radius — of Suo1et Lodge. . Quiet Zone -Block where.: Memorial Hospital is located. s Quist Zone- 122m radius' Of Ontario Housing Corpor Senior Citizen Apartment BOWMANVILL13 Zone- 122 m East r4 Of Strathaven Nursj