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HomeMy WebLinkAbout2011-068 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2011-068 Being a By-law to amend Noise By-law 2007-071 WHEREAS Section 129 of the Municipal Act, 2001, S.O. 2001, Chapter 25 states that a local municipality may prohibit and regulate noise; AND WHEREAS The Council of the Corporation of the Municipality of Clarington deems it appropriate to amend By-law 2007-071, which is a by-law to regulate noise levels within the Municipality of Clarington; NOW THEREFORE the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Section 1.1 of By-law 2007-071 is deleted in its entirety and replaced with the following: No person shall ring any bell, blow or sound any horn or cause the same to be rung, blown or sounded, or shout or create, cause or permit any unusual or excessive noises which, at the point of reception, are likely to disturb any other inhabitant of the Municipality of Clarington. 2. Section 3.1 of By-law 2007-071 is deleted in its entirety and replaced with the following: 3.1 A noise curfew shall apply to the following shooting ranges within the Municipality of Clarington: (a) the Orono Fish and Hunt Club; (b) the Union Rod and Gun Club; and This curfew shall be from 9:00 p.m. until 8:00 a.m. the following day (Monday through Saturday), 9:00 p.m. Saturday until 10:00 a.m. Sunday, and 4:00 p.m. Sunday until 8:00 a.m. Monday, 3.1.1 During non-curfew times, any noise emanating from the use of a shooting range shall not exceed: (a) 70 dBAI at the point of reception for any shooting range which began operation prior to January 1St 1980; or (b) 50 dBAI at the point of reception for any shooting range which began operation after January 1St 1980. IWM 3.1.2 Notwithstanding section 3.1 above, all approved indoor shooting ranges within the Municipality shall be exempt from the noise curfew. 3. Section 3.3 of By-law 2007-071 is deleted in its entirety and replaced with the following: 3.3 A noise curfew shall apply to any noise from any excavation or construction work whatsoever, including the erection, demolition, alteration or repair of any building from 9:00 p.m. until 7:00 a.m. the following day, (Monday through Saturday), 9:00 p.m, Saturday until 10:00 a.m. Sunday, and from 4:00 p.m. Sunday until 7:00 a.m. Monday. 3.3.1 For the purposes of this by-law, noise related to construction work shall be interpreted to include the starting, idling and warming up of any truck or mechanically powered excavation or earth moving equipment. 3.3.2 Noises emanating from the operations described in sections 3.3 and 3.3.1 shall not be considered to be a violation under this by- law when said operations are carried on outside the time periods set out by a curfew. 3.3.3 Notwithstanding any other provision to contrary, appropriate staff may authorize construction work to be carried on outside the curfew restrictions set out in this By-law only in the case of urgent necessity and then only under prior authorization from appropriate staff. 4. The provisions of this by-law shall come into full force and effect on the 19th day of September 2011. BY-LAW read and passed in open session this 4th day of J 11 r ^ A. Foster, Mayor , Municipal Clerk