4255 To control noise in the Town of Tillsonburg and to repeal By-Law 3002
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THE CORPORATION OF THE TOWN OF TILLSONBURG
BY-LAW NUMBER 4255
A BY-LAW to control noise in the Town of Tillsonburg, and to repeal by-law 3002.
WHEREAS Section 5(3) of the Municipal Act, 2001, S .O . 2001 , c . 25 , as amended , provides that a
municipal power shall be exercised by by-law ;
AND WHEREAS section 1 0(2) of the Municipal Act, 2001 authorizes the municipality to pass by-
laws respecting certain matters, in particular subsections 5 ,6 ,8 , and 9 authorize by-laws respecting
the economic, social and environmental well-being of the municipality; the health , safety and well-
being of persons; the protection of persons and property; and animals .
AND WHEREAS section 128 of the Municipal Act, 2001 provides that a municipality may prohibit
and regulate with respect to public nuisances, including matters that, in the opinion of Council are
or could become a public nuisances;
AND WHEREAS in the opinion of Council for the Town of Tillsonburg, certain kinds of noise are or
could become a public nuisance.
NOW THEREFORE the Council of The Town ofTillsonburg hereby enacts the following:
1.1. SHORT TITLE
SECTION 1
SCOPE OF BY-LAW
This By-law and any amendments thereto shall be known as the "Noise By-Law."
1.2. INTENT AND SCOPE
The purpose of this By-law is to control and regulate noise within the corporate limits of the
Town of Tillsonburg.
1.3. CONTENT OF BY -LAW
All references in the By-law to sections , regulations , exceptions , tables , figures ,
schedules and maps, refer to those in this By-law unless otherwise indicated .
2.1. DEFINITIONS
SECTION 2
DEFINITIONS AND INTERPRETATION
The terms set out below shall have the following meanings in this By-law:
"ANIMAL CONTROL OFFICER" means any person designated or contracted as an
Animal Control Officer by the Town of Tillsonburg .
"AUTHORIZED EMERGENCY VEHICLE" means an ambulance , fire department vehicle,
police vehicle , a snow plow, or any other vehicle operated by or for the Town of Tillsonburg
or Oxford County.
"BUILDING" means any permanent structure used or intended to be used for the shelter,
accommodation or enclosure of persons, animals, or goods .
"CHIEF BUILDING OFFICIAL" means the Chief Building Official of The Corporation of the
Town of Tillsonburg.
"CONSTRUCT" means to build and/or to permit to build or erect, alter, relocate or provide
any material alteration and without limiting the generality of the foregoing shall be taken to
include any work in preparation to construct, and constructed has a corresponding meaning
and this excludes any "domestic works" as defined .
"CONSTRUCTION EQUIPMENT" means any equipment or device designed and intended
for use in construction , or material handling, including but not limited to , hammers, saws,
drills , augers , air compressors, pile drivers, pneumatic or by hydraulic tools , bulldozers,
tractors , excavators , trenchers , cranes, derricks, loaders , scrapers, generators , pavers, off
highway haulers or trucks , ditchers, compactors and rollers , pumps , concrete mixers,
graders, or other material handling equipment.
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"CONVEYANCE" means a vehicle and any other device employed to t ransport a person or
persons or goods from place to place and includes any veh icle or device if operated only
within a specific premise .
"COUNCIL" means the Municipal Council of the Corporation of the Town of Ti ll sonburg .
"DOMESTIC WORKS" means any construction , maintenance , renovation or repairs being
completed an owner to their own property.
"HIGHWAY" includes a common or public highway, street, avenue, parkway , driveway,
square, place , bridge , viaduct or trestle designed and intended for, or used by, the general
public for the passag~ of vehicles .
"LAW ENFORCEMENT OFFICER" means a Police Officer, a Provincia~! Offences Officer
and Municipal Law Enforcement Officer.
"MOTOR VEHICLE" means an automobile , a motorcycle , a motor ass is ted bicycle or any
other vehicle propelled or driven otherwise than by muscu lar power; but does not include
the cars of electric or steam railways or other motor vehicles runn ing upon on ly rai ls , or a
motorized snow vehicle , traction engine , farm tractor, se lf -propelled imp lement of
husbandry or road building machine within the meaning of the Ontario Highway Traffic Act.
"NOISE" means any sound or vibration that is of such volume , level or nature that it is likely
to disturb the inhabitants of the Town of Tillsonburg.
"OWNER" means a registered owner of land , or any person in cont rol of land , including a
leasee or an occupant thereof.
"PERSON" means an individual , f i rm , proprietorsh ip , partnersh ip , association , syndica te ,
trust, corporation , department, bureau , and agency; and includes an o wner.
"POINT OF RECEPTION" means any point on the premises of a person , whe re noise or
vibration is originating from other than those premises is received .
"PREMISES" means land includes the buildings and/or structures thereon .
"PUBLIC HOLIDAY" means New Year's Day , Family Day, Good Friday , Victoria Day,
Canada Day, Labour Day , Thanksgiving Day, Christmas Day and Boxing Day.
"TOWN" means the Corporation of the Town of Tillson burg .
SECTION 3
GENERAL PROHIBITIONS
3.1. No person shall make, cause , or permit to be caused noise likely to d isturb any person
which is clearly audible at a point of reception.
3 .2 . No person shall make, cause or permit to be caused noise that contravenes :
a) An applicable Noise Pollution Control Publication of Ontario 's Min istry of the
Environment, Conservation and Parks .
b) A permission , such as a certificate of approval , under federal or provincial legislation .
3.3. For the purposes of this By-law and without limiting the generality of the forgoing , the
following noises shall be deemed to be noises likely to d isturb any person if clearly audible
at a point of reception in the Town of Tillsonburg :
a) The operation of a motor vehicle in such a way that tires squeal ;
b) The operation of any combustion eng ine or pneumatic device without an effective
exhaust or intake muffling device in constant operation ;
c) The operation of an engine or motor in , or on , any vehicle or item of attached auxiliary
equipment for a continuous period of more than five m inutes wh ile suc h vehicle is
stationary unless :
i) the continuous operation of the engine or motor is essential to the basic
function of the vehicle or equipment;
ii) weather conditions justify the use of heating or refrigerating systems powered
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by the motor or engine for the safety and welfare of the operato r, passengers
or animals , or the preservation of perishable cargo , and the vehicle is
stationary for the purposes of delivery or loading ;
d) The operation of an air cond itioner, pool pump or filter, car wash a ir dryi ng equ i pment,
heat pump or the l ike that is not in proper working order;
e) The use of a horn , whistle , alarm , bell , gong or the li ke , except for an aud itory safety or
warn i ng device.
f) The detonation of fireworks or any similar explosive device at any time other than that is
specified as per the Town of Tillsonburg Fireworks By-law, as amended .
g) The discharge of any firearms .
h) Persistent yelling , shouting , hooting , whistling , singing or the like .
i) Pers istent barking , calling , whining or other s imilar persistent noise ma ki ng by any
domestic animal.
j) Sound emanating from a rad io , television , stereo , or ot her electronic dev ice includ ing
any amp lification device, or any musical or other sound producing instrument.
k) The operation of a dirt-bike , all-terrain cycle , snowmobile , go-cart, dune buggy or like
conveyance .
SECTION 4
REGULATIONS BY TIME
4.1 . No person shall make , cause or perm it the emission of noise result ing from an act listed
herein , which noise is clearly audible at a point of reception during a restricted time period .
4.2. Notwithstanding any other provision of this By-law , the following noises shall be deemed to
be noises which are likely to disturb any person in the Town if they are clearly audible at a
point of reception with the time period as shown :
Description of Sound Time Restrictions
1. Persistent yelling , shouting , hooting , At all t imes
whistling , singing or the l ike .
2 . The discharge of firearms (except by At all times
police).
3. Persistent barking, calling , whining or At all times
other similar persistent noise making by
any domestic animal.
4 . The operation of any equipment in 7 :00p.m . to 7 :00a.m .
connection with construction . Sundays and all Public Holidays-
7:00p.m . to 9 :00a.m .
5 . The operation of any gas , battery , or 9 :00p.m . to 7 :00a.m .
electrical powered tool including a Sundays and all Public Holidays-
hammer, saw, nai l gun , staple gun , drill , 7 :00 p .m. to 9 :00a.m .
air compressor, generator, lawnmower,
hedge trimmer, chainsaw, trimmer, leaf
blower or the like for domestic works
other than for snow removal.
6 . The operation of waste collection 9 :00p.m . to 7 :00a.m .
machinery or refuse compacting Sundays and a ll Public Holiday s-
equ i pment. 7 :00p.m . to 9 :00a.m .
7 . The operation of any powered rail car 9 :00p.m . to 7 :00a.m .
including but not limited to refrigeration
cars , locomotives or self-propelled
passenger cars , while stationary on a
property not owned or controlled by a
railway governed by the Canada Railway
Act.
8 . Loading , unloading , delivering , 9:00p.m. to 7 :00a.m.
packing , unpacking , or otherwise
handling any equipment, containers ,
products , materials , or refuse whatsoever
unless necessary for the maintenance of
essential services or the moving of
private household effects.
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SECTION 5
GENERAL EXEMPTIONS
This By-law does not apply to sound emitted , caused or permitted in connection with :
a) Measures undertaken in the event of an emergency for the immediate health , safety ,
security or welfare of persons and animals within the Town ;
b) Measures undertaken in an emergency for the preservation or restoration of property;
c) The operation of authorized emergency vehicles.
d) The activities of snow plowing and/or removal.
e) Measures undertaken by the Town or Oxford County where its employees , contractors , or
agents are carrying out Town or Oxford County operations or operating , maintaining or
installing municipally owned infrastructure and facilities.
f) Sport, recreational events , parades , festivals , circuses , fairs , or entertainment activities
approved by the Town .
g) The lawful use and detonation of fireworks or similar explosive devices as per the Town of
Tillsonburg Fireworks By-law, as amended .
h) Non-emergency construction, reconstruction or repair of any county, provincial or federal
public works including the construction , reconstruction or repair of a public highway
provided the Town is given advanced written notice of the hours to be worked if outside the
permitted construction hours .
i) Operation of machinery by or on behalf of a public utility where work needs to be done on
week-ends or overnight to minimize service interruptions.
j) Law Enforcement Officer and Animal Control Officers while engaged in the course of their
duties.
SECTION 6
TEMPORARY NOISE PERMIT EXEMPTIONS
6.1. Application to Chief Building Official
Notwithstanding anything contained in this By-law, any person may make application to the
Chief Building Official or their designate for exemptions that do not exceed thirty days in
length , to be granted an exemption from any of the provisions of this By-law with respect to
any source of noise for which they might be prosecuted and the Chief Building Official or
their designate , 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 the Chief Building
Official or their designate see fit. The application for a temporary noise exemption is to be
submitted a minimum of twenty-one days before the requested start date.
6.2. Application to Council
Notwithstanding anything contained in this By-law , any person may make application to
Council for exemptions exceeding thirty days in length, to be granted an exemption from
any of the provisions of this By-law with respect to any source of noise for which they might
be prosecuted and the 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 the Council see fit. The application for a temporary noise exemption is to
be submitted a minimum of twenty-one days before the requested start date .
6.3. Application for Exemption
The application mentioned in Sections 6 .1 and 6 .2 shall be made in writing and shall
contain all of the following :
a) The name and address of the applicant;
b) The name and information of a contact person, if other than applicant;
c) The location of the event or activity for which the Temporary Noise Permit is sought;
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d) A description of the source of noise in respect of which the exemption is sought;
e) A statement of the particular provision or provisions from which the exemption is sought;
f) The times of day, and period of time and duration for wh ich the exemption is sought;
g) The reasons why the exemption is necessary;
h) A statement of the steps, if any, planned or presently being taken to minimize the noise ;
i) Written confirmation that all property owners within a five hundred metre rad i us of the
point from which the noise will be emitted have been notified a long w ith a copy of the
public notice ;
j) A non-refundable application fee for exemption as set out in the Town 's current Rates
and Fees By-law; and
k) Any other item as requested by the Chief Building Official, their designate or Council
which shall be deemed necessary in providing relevant information related to the
temporary noise permit.
6.4. Decision for Exemption
In deciding whether to grant the exemption , the Chief Building Official or designate or
Council shall :
(a) Consider any negative effects the issuance of the temporary noise permit may have on
persons residing on neighbouring properties or on the Town ;
(b) Consider any benefits the i ssuance of the temporary noise permit may have for persons
resid ing on neighbouring properties or for the Town ;
(c) Consider any previous violations of th is By-law or predecessor by the ow ner or
temporary noise perm it conditions by the applicant; and
(d) Consider anything that is reasonably relevant.
6.5. Conditions of Temporary Noise Permit
The Chief Building Official or their designate or Council may impose cond itions on a
temporary noise perm it , including but not limited to:
(a) The type and volume of sounds that may be made;
(b ) The times during which sounds may be made and ;
(c) The date of expiry of the temporary noise permit.
6.6. Violation of Temporary Noise Permit Conditions
Violation by the applicant or by any person under the applicant's direction of any of the
terms or conditions of the exemption granted by the Chief Building Official or their designate
or Council shall render the temporary noise permit null and void.
7 .1. Enforcement Authorization
SECTION 7
ADMINISTRATION
This by-law shall be enforced by Law Enforcement Officers.
For the purpose of ensuring compliance with this By-law, Law Enforcement Officers may at
all reasonable times enter upon and inspect any land to det ermine whether the followi ng is
be ing complied with:
(a ) The provis ions of this by-law
(b) An Order made under this by-law
7 .2. Enforcement and Inspection
A La w Enforcement Officer may, for the purpose of inspection :
(a) Require the production for inspection of documents or things re levant to the inspection
(b) Inspect and remove documents or things relevant to the inspection for the purpose of
making copies or extracts
(c) Require information from any person concerning a matter related to the inspection
(d) Alone or in conjunction with a person possessing specia l or expert knowledge , make
examinations or take tests, samples or photographs necessary for the purpose of the
inspection
i) Any cost incurred from this will be at the o wners expense .
ii) No person shall hinder or obstruct, or attempt to hinder or obstruct, any La w
Enforcement Officer exercising a power or perform i ng a duty under this by-law.
7.3. Order
A Law Enforcement Officer may by written Order, sent by regula r ma i l to the last known
address (last revised tax assessment roll), posted on site or personally delivered to
owner or owners of property, within the time specified in the Order to:
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(a) Discontinue the contravening activity , and/or
(b) Do work to correct the contravention
7 .4. Contents of the Order
The Order will state:
(a) the section that is in contravention of the by-law
(b) the location/address of the contravention
(c) reasonable particulars of the contravention
(d) the work to be completed
(e) the date by which the work must be completed
7.5. Failure to Comply with an Order
Where an owner fails to comply with an Order, the Law Enforcement Officer may without
any further noti ce , cause the work to correct the contravention be done at the owners
expense . Without limitation, the Law Enforcement Officer may retain such persons to assist
in completing the work as the Law Enforcement Officer determines app ropriate.
All costs incurred by the Town in relation to such work may be recovered by the Town by
be ing added to the tax roll and collected in the same manner as property taxes . An
administrative f ee will also be added as per the Annual Rates and Fees By-law.
If this by-law is contravened and a conviction entered , in addition to any other remedy and
to any pena lty imposed by the by-law, the court in which the conviction has been entered
and any court competent jurisdiction thereafter may make an Order,
(a) prohibiting the continuation or repetition of the offence by the person convicted ; and
(b) requ iring the person convicted to correct the contravention in the manner and within the
period that the court considers appropriate
8.1. Contraventions
SECTION 8
PENALTIES
The following applies to any person deemed to have contravened any provision of this by-
law:
(a) Every person who contravenes a provision of this By-law, including an order issued
under this By-law , is guilty of an offence .
(b) If an order has been issued under this By-law, and the order has not been complied
with , the contravention of the order shall be deemed to be a continuing offence fo r each
day or part of a day that the order is not complied with .
(c) Every person who is guilty of an offence under this By-law shall be subject to the
following penalties:
i) upon a first conviction, shall be liable to a fine of not more than $50 ,000 ;
ii) upon second or subsequent conviction for the same offence , to a fine of not more
than $100,000;
iii) upon conviction for a continuing offence , to a fine of not more than $10 ,000 for
each day or part of a day that the offence continues . The total of the daily fines
may exceed $100 ,000 ;
iv) upon conviction of a multiple offence , for each offence included in the multiple
offence, to a fine of more than $10,000 . The total of all fines for each included
offence is not limited to $100,000.
(d ) For the purposes of this By-law, "multiple offence" means an offence in respect of two or
more acts or omissions each of which separately constitutes an offence and is a
contravention of the same provision of this By-law.
(e) For the purposes of this By-law, an offence is a second or subsequent offence if the act
giving r ise to the offence occurred after a conviction had been entered at an earlier date
for the same offence.
SECTION 9
SEVERABILITY
Where a court of competent jurisdiction declares any section or part of a section of this by-law
invalid , the remainde r of this by-law shall continue in force unless the Court mak es an Order to the
contrary .
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SECTION 10
REPEAL
THAT By-Law No. 3002 is hereby repealed in its entirety.
SECTION 11
EFFECTIVE DATE
THAT this By-Law shall become effective upon the passing thereof and upon the approval of the
set fines by the Regional Senior Justice of the Ontario Court of Justice .
READ A FIST AND SECOND TIME this 81h day of April , 2019 .
FINAL TIME AND PASSED this 81h day of April , 2019
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Town Clerk-Donna Wilson
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