Noise By-law

In case of any discrepancy, the PDF version of this document is the official and accurate reference.

BY-LAW 1997-31

A by-law to prohibit or regulate certain noises and to prohibit and abate public nuisance.

OFFICE CONSOLIDATION
THIS CONSOLIDATED BYLAW WAS LAST UPDATED: FEBRUARY 12, 2024.

THIS OFFICE CONSOLIDATION IS PROVIDED FOR INTERNAL STAFF USE AND REFERENCE PURPOSES ONLY. EVERY EFFORT IS MADE TO ENSURE THE ACCURACY OF THIS CONSOLIDATION UP TO AND INCLUDING THE LAST AMENDING BY-LAW NUMBER NOTED BELOW. THIS IS NOT INTENDED FOR OFFICIAL USE, AND IT CANNOT BE USED IN PLACE OF PHOTOCOPIES OF ORIGINAL BY-LAWS.

FOR LEGAL REQUIREMENTS, PLEASE REFER TO COPIES OF THE OFFICIAL BY-LAWS OF THE TOWNSHIP OF RUSSELL.

Office Consolidation of By-law 1997-31 as amended by the following approved by-laws: 27-2010, 49-2010, 50-2010, 18-2011, 19-2013(repealed), 41-2013, 34-

2014, 104-2014, 2021-075(Fireworks Bylaw), 2021-082, 2024-012 (New Years)

CORPORATION OF THE TOWNSHIP OF RUSSELL
By-law # 31-97

Being a by-law of the Corporation of the Township of Russell to prohibit or regulate certain noises and to prohibit and abate public nuisance;

WHEREAS pursuant to the provisions of Section 210 Subsection 138 and 140 of the Municipal Act R.S.O. 1990, Chapter M-45, Council of local municipalities may pass a by- law to prohibit and abate public nuisances;

WHEREAS the purpose of this by-law is to provide for an environment free from unusual, unnecessary or excessive noises which may degrade the quality and tranquility of life, and cause a public nuisance;

NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF RUSSELL ENACTS AS FOLLOWS:

1. INTERPRETATION

In this by-law

(a) "Agriculture" means the practice of cultivating the soil or the keeping/raising of animals;
(b) "Air Conditioner" includes an air conditioner, a fan, a heat pump or other similar device.
(c) "Attached Housing" means a building otherwise complete in itself which is connected to, and which depends for structural support upon a division wall or walls shaped in common with adjacent building or buildings;
(d) "Auxiliary Equipment" means any device, attachment, delivery body or apparatus attached to a motor vehicle, either permanently or temporarily, for the purpose of:
- (i) hauling property, vehicles or animals;
- (ii) mixing concrete or like material; or
- (iii) preserving perishable cargo through the use of heating or refrigerating systems.
(e) "Construction" includes erection, alteration, repair, dismantling, demolition, structural maintenance, painting, moving, land clearing, earth moving, grading, excavating, the laying or pipe and conduit whether above or below ground level, street and highway building, concreting, equipment installation and alteration and the structural installation of construction components and materials in any form or for any purpose, and includes any work in connection therewith;
(f) "Construction Equipment" means any equipment or device designed and intended for use in construction or material handing, including but not limited to, air compressors, pile drivers, pneumatic or hydraulic tools, bulldozers, tractors, excavators, trenchers, cranes, drills, loaders, scrapers, pavers, generators, off-highway hauliers or trucks, ditchers, compactors and rollers, pumps, concrete mixers, graders or other material handling equipment;
(g) "Council" means the Council of the Corporation of the Township of Russell;
(h) "Inhabitants" means any owner, tenant, occupier or licensee of real property within the Township of Russell;
(i) "Intermittent" mean to cause to cease for a time or at intervals;
(j) "Leisure Vehicle" means any all-terrain vehicle or snowmobile;
(k) "Motor Vehicle" includes an automobile, motorcycle, and any other vehicle propelled or driven otherwise than by muscular power; but does not include all-terrain vehicles, snowmobiles or other motor vehicles running only upon rails, construction equipment, farm tractor or a self-propelled implement of husbandry.
(l) "Municipality" means the land within the geographic limit of the Township of Russell;
(m) "Noise" means any loud, unnecessary or unusual noise or any noise whatsoever which either annoys, disturbs or injures, endangers or detracts from the comfort, repose, health, peace or safety of other persons within the limits of the municipality;
(n) "Person" includes any physical or corporate entity, partnership or any association and the heirs, executors, administrators, successors and assigns or other legal representative thereof to whom the context may apply.
(o) "Point of Reception" means any point on the premises of a person where sound or vibration originating from other than those premises is received.
(p) "Residential Area" means all properties within the Township of Russell designated residential area under the Zoning by-law 90-1992 and its amendments; (Schedule A, Maps 1, 2, 3, & 4);
(q) "Rural Area" means all properties within the Township of Russell which are not designated urban.
(r ) "Solid Waste Bulk Lift" means a vehicle designated to load, unload and transport containers for handling refuse;
(s) "Sound Amplifying Device" means any device which is primarily used or intended to be used to amplify or create sound and includes, but is not limited to, radios, phonographs, televisions, musical instruments, loud speakers and electronic devices or electro-mechanical transducers, used in the reproduction or amplification of music, speech or other sounds, but does not include fire alarms, smoke detectors or security alarms;
(t) "Trailer" means any vehicule so constructed that it is suitable for being attached to a motor vehicle for the purpose of being self propelled, drawn or propelled by the motor vehicle and capable of being used for the living, sleeping or eating accommodation of persons.
(u) "Urban Area" means all properties within the village designation as shown under Schedule A, Maps 3 & 4 of the Zoning By-law 90-1992 and its amendments. (Namely Limoges, Embrun, Russell, Marionville)

2. GENERAL PROHIBITIONS

(1) No person shall make, cause or permit the emission of noise which disturbs or may disturb the quiet, peace, rest, enjoyment, comfort or convenience of the inhabitants.
(2) Notwithstanding the generality of the provisions of section 2(1), no person shall make, cause or permit the emission of noise resulting from an activity listed herein if clearly audible at a point of reception located in an area of the Municipality indicated within the prohibited time shown for such an area as such noise is deemed objectionable or liable to disturb the peace, quiet, rest, enjoyment, comfort or convenience of the inhabitants and is hereby strictly prohibited;

Prohibited Period of Time
Activity	Urban Area	Rural Area
~~1. The detonation of fireworks or explosive~~ ~~devices not used in construction and~~ ~~without permit.~~ (amended by by-law 2021-075)	~~At all times~~	~~At all times~~
2. The commercial or personal operation of any sound amplifying device.	11 pm to 7 pm	11 pm to 7 pm
3. The racing of any motor vehicle or leisure vehicle other than in a racing event regulated by law.	At all times
4. The operation of any auditory signaling device, including but not limited to the ringing of bells, except for religious services, or gongs and blowing of horns or sirens or whistles, or the production, reproduction or amplification of any similar sounds by electronic means, except where required or authorized by law or in accordance with good safety practices.	11 pm to 7 pm	11 pm to 7 pm
5. Intermittent barking, calling or whining or other similar intermittent noise making, by any domestic pet or any other animal kept or used for any purpose other than agriculture or licensed kennels if such noise persists for a period of time in excess of thirty (30) minutes.	At all times	At all times
6. The operation of a commercial car wash with air drying equipment abutting a residential area.	9 pm to 7 am	9 pm to 7 am
7. Yelling, shouting, hooting, whistling or singing.	11 pm to 7 am	11 pm to 7 am
8. All selling or advertising by shouting or outcry or amplified sound.	At all times	At all times
9. Loading, unloading, delivering, packing, unpacking or otherwise handling any containers, products, materials, or refuse in a residential area or a business operation adjacent to a residential area, unless necessary for the maintenance of essential services, or the moving of private household effects.	11 pm to 6 am	11 pm to 6 am
10. The operation of any construction equipment	11 pm to 7 am (Mon - Fri) 8 pm to 8 am (Saturday) 8 pm to 9 am (Sunday and statutory holidays) 11pm to 6am (Monday-Friday) When Environment Canada predicts temperatures to reach 36°C with humidex for 2 consecutive days (amended by Bylaw 49- 2010)	11 pm to 7 am (Mon - Fri)
11. The operation or use of any tool for household purposes other than snow removal.	11 pm to 7 am	11 pm to 7 am
12. The operation or use of any power tools for the purpose of repairing or constructing.	11 pm to 7 am	11 pm to 7 am
13. The operation or use of an engine or motor in, or on, any leisure vehicle, motor vehicle or item of attached auxiliary equipment for a continuous period exceeding thirty minutes, while such vehicle is stationary in or adjoining a residential area.	At all times
14. The operation of solid waste bulk lift or refuse compacting equipment.	11 pm to 7 am
15. The operation of a leisure vehicle or motor vehicle in such a way that the tires squeal.	At all times
16. The operation of any combustion engine or pneumatic device without effective exhaust or intake muffling device in good working order and in constant operation.	At all times
17. The operation of a leisure vehicle or motor vehicle with a trailer resulting in banging, clanking, squeaking or other like sounds due to improperly secured load or equipment, or inadequate maintenance.	At all times
18. The operation of a leisure vehicle or motor vehicle horn or other warning device except where required or authorized by law or in accordance with good safety practices.	At all times
19. The operation of any air conditioner without an effective muffling device in good working order and in constant operation.	At all times

3. EXEMPTION

(1) Public Safety

(a) for the immediate health, safety or welfare of the inhabitants or any of them, or;
(b) for the preservation or restoration of property.

(2) Attached Housing
This by-law does not apply to noise between a common shared wall or floor by two adjacent dwelling units within an apartment, condominium or townhouse buildings, row buildings of carriage homes unless the sound can be clearly audible from the exterior of the building.
(3) Snow Removal
This by-law does not apply to noise generating from the operation of removing or clearing of snow or sanding and salting.
(4) Farming Operation
This by-law does not apply to any noise generated from the operation of any agricultural machinery, equipment and implement of husbandry whether self- propelled or motorized, which is used in accordance with normal farm practice for the cultivation of land, production and harvesting of agricultural crops (including mushrooms, greenhouse crops and nursery stock), raising of livestock, poultry, fur-bearing animals and game birds and includes but is not limited to any noise generated from:
- (i) irrigation pumps;
- (ii) the application of fertilizers, conditioners and pesticides;
- (iii) the storage, disposal or use of organic wastes for farm purposes;
- (iv) grain dryers
(5) Grant of Exemption by Council
- (1) Application to Council
  Notwithstanding anything contained in this by-law, any person may make application to Council to be granted an exemption from any of the provisions of this by-law with respect to any source of sound or vibration for which he might be prosecuted and Council, by resolution, may refuse to grant any exception or may grant the exemption applied for or any exemption of lesser effect and any exemption granted shall specify the time period, not in excess of six months, during which it is effective and may contain such terms and conditions as Council sees fit.
  - (a) Embrun Coop Carwash be exempt from Section 2. (2) 6., of By- law 31-97 subject to operate a commercial car wash with air drying equipment twenty-four (24) hours a day, seven days a week to the following conditions:
    - 1. That the carwash equipment be maintained in good working order;
    - 2. That the doors and other devices shall be maintained and operated to reduce the level of noise coming from the carwash;
    - 3. That pine trees or other evergreens be planted and maintained on the Coop’s property along the property line of 7 Lapalme Street, Embrun
    - 4. That an agreement be entered into between the Corporation of the Township of Russell and La Coopérative Agricole d’Embrun Limitée to include elated conditions to the exemption.
    - 5. The exemption may be revoked at any time, subject to a complaint or a breach of a condition. (amended by By-law 27-2010, May 17, 2010)
- (2) Decision
  In deciding whether to grant the exemption, Council shall give the applicant and any person opposed to the application an opportunity to be heard and may consider such other matters as it sees fit.
- (3) Breach
  Breach by the applicant of any of the terms or conditions of any exemption granted by Council shall render the exemption null and void.
(6) Delivery of Goods
This bylaw does not apply to any noise related to the delivery of goods to the following destinations:
- (i) Retail business establishments;
- (ii) Restaurants, including cafes and bars;
- (iii) Hotels and motels; and
- (iv) Goods distribution facilities. (amended by by-law 2021-082, Sept. 7, 2021)
(7) New Years Eve
Noise celebrations at commercial Food & Beverage establishments is exempt from this bylaw from 5 PM on December 31 until 1 AM on January 1 of the following day. (amended by bylaw 2024-012, Feb 12, 2024)

4. SEVERABILITY

It is hereby declared that each and every of the foregoing provisions of this by-law is severable and that, if any provisions of this by-law should for any reason be declared invalid by any Court, it is the intention and desire of this Council that each and every of the, then remaining provisions hereof shall remain in full force and effect.

5. PENALTY

Every person who contravenes any of the provisions of this by-law is guilty of an offence and is liable to a maximum fine in accordance with the Provincial Offences Act or as set out in the Provincial Offences Act or any successor legislation thereto.

6. In addition to the imposition of a fine or other remedy, a court of competent jurisdiction may upon conviction of an offence under this by-law, issue an order prohibiting the continuation or repetition of the violation by the person convicted.

7. By-laws no. 12-1981 and 25-1979 are hereby repealed.

8. That this by-law comes into effect on the passing thereof.

Read a first and second time this 12th day of May, 1997.
Read a third time and finally passed this 12th day of May, 1997.