HomeMy WebLinkAboutPD-270-89 X41 TOWN OF NEWCASTLE
REPORT File #/e , /J O� a3" Res. #
By-Law #
DID
General Purpose and Administration Committee
October 23, 1989
PD-270-89 FILE #: PLN 8.3
NOISE BY-LAW
FILE: PLN 8.3
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the following:
1. THAT Report PD-270-89 be received; and
2 . THAT the attached Noise By-law be APPROVED.
1. REPORT:
1. 1 On September 19, 1989 a charge related to a barking dog
disturbing residents at night was laid pursuant to Section 1
of the previous Noise By-law 87-131 and was dismissed by the
Court which found the By-law to be deficient. Staff have
reviewed the Noise By-law and found several questionable
sections that could be subject to interpretation and may
render the By-law unenforceable.
Furthermore, it has been observed that the enabling
legislation in the existing Noise By-law has been incorrectly
referenced.
599 73
. . .2
REPORT NO. : PD-270-89
PAGE 2
1.2 The By-law Division is presently involved in several
investigations of noise complaints and until such time as the
new By-law is enacted, further legal action may be futile.
Therefore, Staff redrafted the Noise By-law and respectfully
request Council to enact same.
Respectfully submitted, Recommended for presentation
to the Committee
Franklin Wu, M.C. I.P. I: wren /E. Rotseff
Director of Planning Chief Administrative
and Development Officer
DL*FW*jip
October 16, 1989
*Attach.
599 7 4
THE CORPORATION OF THE TOWN OF NEWCASTLE
BY-LAW 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
WHEREAS ParagXaph 132 of Section 210 of The Municipal Act, R.S.O. 1980
provides that -laws may be passed by the Council of a municipality,
for the prohibiting or regulating within the municipality, or within any
defined area or yeas thereof, the ringing of bells, the blowing of horns,
shouting and unusual noises, or noises likely to disturb the inhabitants:
AND WHEREAS the CoLAcil of the Corporation of the Town of Newcastle deems
it appropriate to en ct a by-law to reduce and control such noises:
NOW THEREFORE, the Co ncil of the Corporation of the Town of Newcastle hereby
enacts as follows:
1. No person shall i the Town of Newcastle ring any bell, blow or
sound any horn or ause the same to be rung, blown or sounded, shout
or create, cause o permit any unusual noises or noises likely to
disturb the inhabit nts of the Town of Newcastle.
2. Without limiting the h enerality of paragraph 1 of this by-law, the
following noises are reby deemed to be noises likely to disturb
the inhabitants of the own of Newcastle:
a) the ringing of bells, blowing of horns or sounding of sirens
on any motor vehicle Axceot 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 o created by a radio or phonograph, or
any musical or sound produ ing instrument of whatsoever kind when
such radio or phonograph or instrument is played or operated in
such manner or with such vol e as to annoy or disturb the peace,
quiet, comfort or -repose of a y individual in any dwelling house,
apartment house, hotel or oche type of residence outside the
premises where the instrument i being played;
c) the grating, grinding or rattlin noise or sound caused by a
condition of disrepair or maladju tment of any motor vehicle,
motorcycle, or other vehicle what s ver or part or accessory
thereof;
d) the blowing of any steam or air whist\e attached to or used in
connection with any stationary boiler \0v other machine or
mechanism, except for the purpose of g ing notice to workmen
of the time to commence or cease work as a warning of danger;
e) the noise made by power lawnmowers, outbd� d motors or similar
power motors; \
f) the noise made by the discharge into the o� n air of the exhaust
of any steam engine, stationary internal co ustion engine, motor
vehicle or motorcycle except through a muffl or other device
which effectively prevents loud or explosive oises
g) any noise which may be heard beyond the lot upowhich it is made
at sufficient volume to disturb persons beyond s ch lot;
h) the persistent barking, calling or whining, or oth r similar
persistent noise made by any domestic pet, or any o her animal
kept, or used for any purpose other than agriculture•
i) with respect to a licensed canine kennel there shall a
noise curfew imposed, to wit: \
(i) evenings - Sunday to Friday inclusive, there shall b a
curfew commencing at 11 o'clock P.M. and such curfew
shall continue until 7 o'clock A.M. of the following ay;
Saturday, the curfew shall commence at 11 o'clock P.M. and
shall continue until 8 o'clock A.M. Sunday morning
- 2 -
By-la 8 9-18 4
2. h) (ii) 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
(iii) tY3at during non-curfew hours, that is from 7 o'clock A.M.
to\ 1 o'clock P.M., Monday to Saturday inclusive, and
fro 8:0g A.M. to 11 o'clock P.M. Sunday, continuous barking
for period in excess of 1 hour at any time shall be deemed
to be a contravention
j) any noise arising between the hour of 11:00 p.m. of any day and
7:00 a.m. of the following day from any excavation or construction
work whatsoev including the erection, demolition, alteration
or repair of a y building authorized by the Town, except in case
of urgent neces ity and then under authorization from the Town
3. Notwithstanding the they provisions of this by-law; this by-law shall
not apply to prevent:
a) the use in a reaso ble manner of any apparatus or mechanism for
the amplification o the human voice or of music in a public
place within the lim'ts of the Corporation;
b) any military or other nd or any parade operating with written
permission first being obtained from the Town of Newcastle;
c) any vehicle of the poli 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 )
operates under The Railway
work in connection with any
e) the sounding of church bells
ation of any railway which
of Canada or from any plant or
h railway;
carillons;
f) the making by any person upon hi own property of noise which
is reasonable and necessary for h1 enjoyment and use of such
property provided that such noise es not interfere with the
enjoyment of any adjoining property wner;
4. Notwithstanding the other provisions of �r_T by-law, this by-law
shall not apply to a person who permits uses the emission of
sound in connection with any of the tradition 1, festive, religious
activities and such other activities listed he eunder;
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
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
sponsored events;
tune;
- 3 -
By-law —8 9_18 4
4. k) all agricultural properties where noise emissions are directly
related to normal agricultural activities
1) licensed pit and quarry operations except where such operations
are restricted to specified hours of operation through municipal
deve opment agreements where such hours are more restrictive
than 4ny which may be prescribed by by-law
5. GRANT OF E�ETTION BY COUNCIL
Notwithstandi g 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-la . All exemptions granted by Council shall be under-
taken by amendme t to this by-law.
6. SEVERABILITY
If a court of compe
part of a section of
of a section shall no
Council to pass the r
that the remainder of
force.
7. ENFORCEMENT
jurisdiction should declare any section or
e by-law to be invalid, such section or part
be construed as having persuaded or influenced
finder of the by-law and it is hereby declared
e by-law shall be valid and shall remain in
The provisions of the by-la shall be enforced on a complaint basis
only, by Durham Region Polic Department and the By-law Enforcement
Department as the Town's desi ated noise control officers.
8. PENALTY
Every person who contravenes any o the provisions of this by-law
is guilty of an offence and shall, n conviction thereof, forfeit
and pay a penalty of not less than $ .00 and not more than $2,000.00
exclusive of costs and every such fine is recoverable under the
Provincial Offences Act.
9. The court, wherein the information is fir laid, and any court
of competent jurisdiction thereafter, may i sue an order prohibiting
the continuation or repetition of the offenc by the persons
convicted, and such an order shall be in add i 'on to any other
penalty imposed on the person convicted
10. By-law 87-131 of the Corporation of the Town of wcastle and all
by-laws of the Town of Newcastle's predecessor mun'cipalities not
consistent with this by-law are hereby repealed
11. This by-law comes into force on the day it is passed.
By-law read a first and second time this3 p t 11day of Q c t o Tamer 1989 .
By-law read a third time and finally passed this 3 0 t_day of 0c to e r , 1989 .
Mayor
Clerk
THE CORPORATION OF THE TOWN OF NEWCASTLE
BY-LAW 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
y-laws may be passed by the Council of a municipality, for prohibiting or
egulating within the municipality, or within any defined area or areas thereof,
t e ringing of bells, the blowing of horns, shouting and unuzil-zl - r
noses likely to disturb ;.,l_L'•
AND HEREAS th »
it a0propriate (�
NOW TH FORE,
enacts s folk
1. No ersor
soon any
or cr to
distur t
2. Without
following
the inhab
a) the ri ��LCiaS
on any cxuept to the extent that such ringing,
blowing or ounding is required by law or by the requirement
of safety;
?by
b) the sound or nose from or created by a radio or phonograph, or
any musical or lound-producing instrument of whatsoever kind when
such radio or photograph or instrument is played or operated in
such manner or wit ,such volume as to annoy or disturb the peace,
quiet, comfort or re ose of any individual in any dwelling house,
apartment house, hotee or other type of residence outside the
premises where the instrument is being played;
c) the grating, grinding or battling noise or sound caused by a
condition of disrepair or rladjustment of any motor vehicle,
motorcycle, or other vehicle\whatsoever or part or accessory
thereof; k
d) the blowing of any steam or air' ahistle attached to or used in
connection with any stationary bo ler or other machine or
mechanism, except for the purpose giving notice to workmen
of the time to commence or cease wo� 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 air of the exhaust
of any steam engine, stationary internal co ustion engine, motor
vehicle or motorcycle except through a muffl or other device
which effectively prevents loud or explosive�ises;
g) any noise which may be heard beyond the lot upon\which it is made
at sufficient volume to disturb persons beyond sui lot;
h) the persistent barking, calling or whining, or other s
persistent noise made by any domestic pet, or any othe 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 A.M. of the following day;
Saturday, the curfew shall commence at 11 o'clock P.M. and
shall continue until 8 o'clock A.M. Sunday morning;
- 2 -
By-law 89-184
i) (ii) 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
(iii) that during non-curfew hours, that is from 7 o'clock A.M.
to 11 o'clock P.M. , Monday to Saturday inclusive, and
\t from 8 o'clock A.M. 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
j) any ri+oise arising between the hour of 11 o'clock P.M. of any day
and 7 b'clock A.M. of the following day from any excavation or
constru`btion 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 'Nthe 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"Jimits of the Corporation;
b) any military or oter band or any parade operating with written
permission first being obtained from the Town of Newcastle;
c) any vehicle of the poice 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 Railwa��Act of Canada or from any plant or
work in connection with any\such railway;
„q
e) the sounding of church bellskipr 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;
N
b) Goodyear Canada Inc., manufacturing; "k,
g
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 andV7t'punicipally
sponsored events;
g) all agricultural properties where noise emissions are�`�directly
related to normal agricultural activities; and
h) licensed pit and quarry operations except where such ope ,ations
are restricted to specified hours of operation through municipal
development agreements where such hours are more restrictibe
than any which may be prescribed by by-law.
Mn
N
By-law Ba _S4
A noise curfew shall apply to the following operations and or businesses
within the Town of Newcastle as follows:
Mosport Park, automobile, motorcycle racing
b) \ Orono Fish and Hunt Club, shooting range
}
c) IInion Rod and Gun Club, shooting range; and
d) The`Marksman Club of Oshawa
This curfew,,shall commence at 11 o'clock P.M. and such curfew shall
continue until 7 o'clock A.M. 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 A.M. 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 setrby a curfew.
6. A noise curfew shall app
devices associated, used
by water, land fowl and',
11 o'clock P.M. and shal
a week.
7. GRANT OF EXEMPTION BY
y to the use of propane guns and other such
to protect agricultural products from predation
ird life. This curfew shall commence at
, continue until 7 o'clock A.M., seven days
Notwithstanding the provisions'
application to the Council of
from this by-law. All exempti
taken by amendment to this by-
8. ENFORCEMENT
41
of this by-law, any person may make
he Town of Newcastle for an exemption
ns granted by Council shall be under-
aw.
The provisions of the by-law shall be, enforced on a complaint basis
only, by Durham Region Police Departent and the By-law Enforcement
Department as the Town's designated nose control officers.
PENALTY
Every person who contravenes any of the provisions of this by-law
is guilty of an offence and shall, upon convection thereof, forfeit
and pay a penalty of not less than $50.00 an not more than $2,000.00
exclusive of costs and every such fine 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.
10. By-law 87-131 of the Corporation of the Town of Newcastle and all
by-laws of the Town of Newcastle's predecessor municipalities not
consistent with this by-law are hereby repealed.
11. This by-law comes into force on the day it is passed.
By-law read a first and second time this day of November 1989
By-law read a third time and finally passed this day of November 1
Mayor
Clerk