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HomeMy WebLinkAboutCD-8-85~" ~ Ca> CORPORATION OF THE TOWN OF NEWCASTLE OFFICE OF THE TOWN CLERK 40 TEMPERANCE STREET BOWMANVILL E, ONTARIO Ll C 3A6 ~ o ~ TELEPHONE 623-3379 REPORT TO THE GENERAL PURPOSE AND. ADMINISTRATION COMMITTEE MEETING OF MARCH 4, 1985. CD-8-85 - File: 10.13.3. SUBJECT: CONSIDERATION OF A NOISE BY-LAW FOR THE TOWN DF NEWCASTLE RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. That this report be received; and 2. That the attached draft by-law be approved; and 3. That the Durham Regional Police Department be advised of the action taken by Council.. BACKGROUND AND COMMENT: Staff, at the request of individual Members of Council and a number of residents of the community, have during the past two years drafted, reviewed and discarded a number of noise by-laws. The principal reason for not putting forward a noise by-law earlier, was that they were technically i very complex and cumbersome; would have necessitated the acquisition of sophisticated equipment to measure the various types of sound; and finally would have required technical skills not available to the Town of Newcastle through its present staff. The attached by-law is very easily read and interpreted and, will provide the Regional Police Department with an enforcement tool they can use when dealing with noise problems. ~~j 1 Continued .... J2 ~~'~ ~, .,q i t~ CD-8-85 - 2 - March 4, 1984 r" The draft by-law was sent to the Ministry of Environment for review and comment on September 20th 1984 (with follow-up letters on October 26th 1984 and January 3rd 1985). The Minister responded by letter dated January 39st 1485, and advised that since the authority for the by-law was the Municipal Act, the-.Town could proceed to enact it without the approval of the Ministry of the Environment. Accordingly, it would be appropriate for the Committee to recommend that Council enact the by-law. Respectfully submitted, ~ -~~~~~- David W. Oakes, B.A., A.M.C.T., Town Clerk. • DWO/ms Attachment. February 20, 1985. i Yy.i~ THE CORPORATION OF THE TONN OF NEMCASTLE BY-LAM 85- 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 ail 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: 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 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 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 than agriculture; 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; . By-law 85- - 2 - ~" ~LG~ ~_ .. b) Any military or other band or any parade operating with written permission first obtained from the Town of Newcastle; c) any vehicle of the police or fire department or any ambulance or any public service or emergency vehicle while answering a call; 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 person upon his own property of noise which is reasonable and necessary for his enjoyment and use of such property provided that such noise is not audible at a distance of twenty- five feet from the limit of such property and provided in addition that such noise does not interfere with the enjoyment of any adjoining property owner; 4, sEYERABILITY If a court of competent jurisdiction should declare any section or part of a section of the 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 farce. 5. ENFORCEMENT The provisions of this by-law shall be enforced on a complaint basis only, by the Ourham Regional Police Force as the Town's designated Noise Control Officers. 6. PENALTY Every person who contravenes any of the provisions 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 Lhan $1,000.00 fora second or subsequent offence, exclusive of costs and every such fine is recoverable under The Provincial Offences. Act. 7_ By-law Number 1982 of the former Town of Bowmanville and By-law Number 67-t8 of the former Villageof 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 day of 1985 By-law read a third time and finally passed this day of 1985 ay~~ or- er