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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