ARNPRIORarnprior.ca/wp-system/uploads/2013/12/Council... · 11/09/2017  · • August 30,2017 -...

24
1. 2. 3. 4. 5. 6. Minutes of Regular Council Meeting September 11, 2017 6:30 PM ARNPRIOR Stanley Tourangeau Fire/Police Services Centre (67-A Meehan Street, Arnprior ON.) Present: Also Present: Mayor David Reid Michael Wildman, CAO Jennifer Morawiec, GMCSlTreasurer Reeve Walter Stack Maureen Spratt, Town Clerk Councillor Ted Strike Kaila Zamojski, Deputy Clerk! AlHuman Resources Councillor Dan Lynch Officer Councillor Tom Burnette John Steckly, Director of Public Works Councillor Frank Dugal Glenn Arthur, Director of Recreation Robin Paquette, Town Planner Lindsay Wilson, Marketing & Economic Dev. Officer Absent: Deanna Nicholson, Environmental Eng. Officer Councillor Lynn Grinstead Jim McBain, MLES Call to Order Mayor David Reid called the Council meeting to order at 6:30 PM and welcomed those present. Roll Call The roll was called, with all Members of Council being present except Councillor Lynn Grinstead. Adoption of Agenda Resolution No. 313-17 Moved by Dan Lynch Seconded by Walter Stack Be It Resolved That the agenda for the Regular Meeting of Council dated Monday, September 11, 2017 be adopted. Resolution CARRIED Disclosures of Pecuniary Interest None Question Period None Adoption of Minutes of Previous Meetings Resolution No. 314-17 Moved by Frank Dugal Seconded by Ted Strike That the Minutes of the Regular Meeting of Council listed under Item #6 a on the Agenda, be adopted (Regular Meeting of Council - August 28,2017). Resolution CARRIED Page 1 of 7

Transcript of ARNPRIORarnprior.ca/wp-system/uploads/2013/12/Council... · 11/09/2017  · • August 30,2017 -...

Page 1: ARNPRIORarnprior.ca/wp-system/uploads/2013/12/Council... · 11/09/2017  · • August 30,2017 - County of Renfrew Council Meeting 14. Correspondence & Petitions a) Correspondence

1

2

3

4

5

6

Minutes of Regular Council Meeting September 11 2017

630 PM ARNPRIOR Stanley Tourangeau FirePolice Services Centre

(67-A Meehan Street Arnprior ON) Present Also Present Mayor David Reid Michael Wildman CAO

Jennifer Morawiec GMCSlTreasurer Reeve Walter Stack Maureen Spratt Town Clerk Councillor Ted Strike Kaila Zamojski Deputy Clerk AlHuman Resources

Councillor Dan Lynch Officer Councillor Tom Burnette John Steckly Director of Public Works Councillor Frank Dugal Glenn Arthur Director of Recreation

Robin Paquette Town Planner Lindsay Wilson Marketing amp Economic Dev Officer Absent Deanna Nicholson Environmental Eng Officer Councillor Lynn Grinstead Jim McBain MLES

Call to Order Mayor David Reid called the Council meeting to order at 630 PM and welcomed those present

Roll Call The roll was called with all Members of Council being present except Councillor Lynn Grinstead

Adoption of Agenda Resolution No 313-17 Moved by Dan Lynch Seconded by Walter Stack Be It Resolved That the agenda for the Regular Meeting of Council dated Monday September 11 2017 be adopted

Resolution CARRIED

Disclosures of Pecuniary Interest None

Question Period None

Adoption of Minutes of Previous Meetings Resolution No 314-17 Moved by Frank Dugal Seconded by Ted Strike That the Minutes of the Regular Meeting of Council listed under Item 6 a on the Agenda be adopted (Regular Meeting of Council - August 282017)

Resolution CARRIED

Page 1 of 7

Minutes of Regular Council Meeting

7 Awardsl Delegationsl Presentations a) Presentations

i) Draft Noise By-law - Town Clerk The Town Clerk provided an overview presentation on the Draft Noise By-law attached as Appendix A and forming part of these minutes and responded to questions

8 Public Meetings None

9 Matters TabledDeferredUnfinished Business a) Deferred Resolution No 155-17 - Regulation of Home Occupations

Resolution No 155-17 Moved by Walter Stack Seconded by Tom Burnette Whereas apparently there was a single complaint filed with the Corporation that a Business was not in compliance

And Whereas on the filing of that complaint the staff of the Corporation moved it forward leading to an investigation resulting in the current situation

And Whereas proper procedure was followed in dealing with the complaint it raises the issue that not all By-law complaints are equal and impact just one situation or individual

And Whereas this particular business has been operating for the past 11 years with the full knowledge of the Corporation and Council(s) and no actions were taken over the extended period of time

And Whereas the location in question was reassessed by MPAC and is paying Commercial taxes

And Whereas that this business is not likely the only business that is operating within the Town that may be violating the Zoning By-law

Now Therefore Be It Resolved That the staff of the Corporation survey and review all existing home businesses within the municipality and

a) Prepare a complete and total registry of the same b) Review and compile a list of those businesses that are in compliance and those that

are not in compliance with appropriate by-laws c) Staff to make note of the issues that may exist with By-laws make recommendations

for changes to be presented to Council in a Staff Report for consideration in the upcoming Comprehensive Zoning By-law

Page 2

Minutes of Regular Council Meeting

Further Be Resolved That it be recognized that this situation exists with the knowledge of the business owners the Corporation and Council therefore sharing responsibility for the situation today

Further Be It Resolved That it is recommended to Council by this motion that all existing Home Businesses within the Town of Arnprior that are on the newly developed registry and are not in compliance be Grandfathered as they operate today with no expansion rights and only for the current generation of OwnersOperators of the business Should the current generation halt operation for any reason the business must be shut down or sold and relocated within a properly zoned area of Town and appropriate notice given to those businesses

Further Be It Resolved That it is directed by this motion that staff bring a report to Council as to how complaints made with the Corporation are to be reviewed and categorized in a manner as to ensure Council input in such cases where they would have a wider impact rather than one person or situation This would allow for the key issues to be dealt with rather than just the side effect and in manner Council wishes the community at large to be considered

Resolution LOST

10 Staff Reports a) Nick Smith Centre LED Lighting Upgrades - Director of Recreation amp Environmental

Engineering Officer Resolution No 315-17 Moved by Dan Lynch Seconded by Tom Burnette That prior to the adoption of 2018 budgets Council pre-commits funding from the Capital Expenditure Reserve Fund estimated at $11868301 (including net HST) to undertake LED lighting upgrades and retro-fits at the Nick Smith Centre and

That Council award Conrad Lighting Solutions a contract in the amount of $11663032 (excluding HST) to undertake the LED lighting upgrades in 2018 in the Pool- Option 2 Rink A - Option 3 Rink B and Common Areas and

That the CAO be authorized to issue a Purchase Order to Conrad Lighting Solutions and finalize any required documentation in order to effect the purchase and

That Council authorize staff to proceed with an application for funding to Grants Ontario for this project

Report and Resolution CARRIED

The Environmental Engineering Officer provided an overview of the report and responded to questions with the assistance of the Director of Recreation

Page 3

Minutes of Regular Council Meeting

b) Vimy Oak Donation - Environmental Engineering Officer Resolution No 316-17 Moved by Dan Lynch Seconded by Walter Stack That Council approve the location to plant an English Vi my Oak donated to the Town by the County of Renfrew at Planting Location 1 B and

That Council approve the placement of a commemorative plaque near the Vimy Oak Report and Resolution CARRIED

The Environmental Engineering Officer provided an overview of the report and responded to questions

c) Insurance Renewal- General Manager of Client ServiceslTreasurer Resolution No 317-17 Moved by Frank Dugal Seconded by Ted Strike That Council approve a one-year extension for the provision of municipal general insurance and risk management services from January 1 2018 to December 31 2019 to Frank Cowan Company I JP Mulvihill amp Son General Insurance Brokers and

That the CAO is authorized in consultation with the Town Solicitor to finalize any required documentation to implement the extension for the provision of municipal general insurance and risk management services as set out herein and

That the General Manager of Client ServiceslTreasurer is directed to include the final annual premiums once determined in the Draft 2018 Operating Budget

Report and Resolution CARRIED

The General Manager of Client ServiceslTreasurer provided an overview of the report and responded to questions

11 Committee Reports and Minutes a) Corporate Services Advisory Committee Meeting Minutes - May 12017 Resolution No 318-17 Moved by Dan Lynch Seconded by Walter Stack That the minutes of the May 1 2017 Corporate Services AdviSOry Committee be received as information

Resolution CARRIED

12 Notice of Motions None

Page 4

Minutes of Regular Council Meeting

13 Reeves Report from County Council Reeve Walter Stack provided information from the following County of Renfrew meeting(s) filing the information in the Clerks Office for public information

bull August 302017 - County of Renfrew Council Meeting

14 Correspondence amp Petitions a) Correspondence Package No 1-17-SEPT -15 Resolution No 319-17 Moved by Frank Dugal Seconded by Ted Strike That the Correspondence Package No 1-17-SEPT-15 be received as information and filed accordingly

Resolution CARRIED

Mayor David Reid noted the following

bull Item 2 - Page 3-31 - Correspondence from LArche Arnprior - Invitation to the Annual General Meeting

o Mayor Reid acknowledged LArche for all of the fantastic work they do in our community

15 Bylaws Resolutions a) By-laws Resolution No 320-17 Moved by Tom Burnette Seconded by Dan Lynch That the following by-laws be and are hereby enacted and passed

i) By-law No 6748-17 - Exemption to Noise By-law (Daniel Street Watermain) ii) By-law No 6749-17 - CIP Agreement 83 John Street North iii) By-law No 6750-17 - WaiveSuspend Licencing Requirements - Special Event Vendor iv) By-law No 6751-17 - Pre-Approve 2018 Capital Funding LED Lighting Upgrades

Resolution CARRIED

b) Resolutions i) Support of Double Hatter Resolution No 321-17 Moved by Tom Burnette Seconded by Dan Lynch Whereas the International Association of Fire Firefighters (IAFF) constitution prohibits career firefighters from working part-time as a volunteer in another fire department and

Whereas many Ontario municipalities including the Town of Arnprior rely on career firefighters and volunteer firefighters in order to provide fire protection and

Whereas there are double hatters firefighters who work full-time in one community and volunteer for a nominal fee on their time off for the Arnprior Fire Department and

Page 5

Minutes of Regular Council Meeting

Whereas like many municipalities the Town of Arnprior benefits immensely from the extensive training and expertise double hatters bring to Arnpriors volunteer fire department and

Whereas several volunteer firefighters in the province have been charged and some have been convicted by an Ontario Professional Fire Fighters Association (OPFFA) jury for their volunteer firefighting efforts in their own town and

Whereas the right of individuals to use their free time in service of their community is a fundamental right in a free open and democratic society

Therefore Be It Resolved That the Council of the Corporation of the Town of Arnprior strongly encourages the Province of Ontario to revise legislation in regards to their position on double hatters and

Further Be It Resolved That the Council of the Corporation of the Town of Arnprior contribute a $100000 donation through wwwgofundmecom (Support our Local Two Hatters) in support of double hatters and

Further Be It Resolved That this resolution be circulated to the Honourable Kathleen Wynne Premier of Ontario The Honourable Marie-France Lalonde Minister of Community Safety and Correctional Services John Yakabuski MPP Renfrew-NipissingshyPembroke the Association of Municipalities of Ontario (AMO) and all municipalities in the County of Renfrew

Resolution CARRIED

16 Announcements Councillor Dan Lynch announced the following

bull Videoflicks will be closing at the end of the month We wish the owner all of the best in his retirement

bull The Arnprior Airport hosted a Canadian Owners and Pilots Association (COPA) fly-day for Kids on Saturday September 9 2017 which was a success

bull Doctors and Dining Duel is being held at the Nick Smith Centre on Friday September 15 2017 at 530 pm Tickets are $4500 each All of the proceeds are in support of Arnprior amp Area Physician Recruitment

bull Arnprior Night at the Races will be held on Thursday September 212017 at 600 pm at the Rideau Carleton Raceway Tickets are $30 (including tax) Your ticket also includes a $5 Play voucher Race Program Reserved Seating and Valet Parking

bull Music Trivia Night is being held on Thursday September 21 2017 at the Greenside Tavern All proceeds supporting CIBC run for the Cure for the Canadian cancer society

Mayor David Reid announced the following

bull The Ottawa Valley Community Connection is holding a fundraising dancemusic night at the Greenside Tavern on Friday October 62017 Tickets are $1000 each

Page 6

Minutes of Regular Council Meeting

17 Media Questions None

18 Closed Session None

19 Confirmatory By-Law Resolution No 322-17 Moved by Frank Dugal Seconded by Ted Strike That By-law No 6752-17 being a By-law to confirm the proceedings of the Regular Meeting of Council held on September 11 2017 and it is hereby enacted and passed

Resolution CARRIED

20 Adjournment Resolution No 323-17 Moved by Tom Burnette Seconded by Dan Lynch That this meeting of Council be adjourned at 754 pm

Resolution CARRIED

David Reid Mayor Maureen Spratt Town Clerk

Page 7

1

Maureen Spratt Town Clerk

Draft Noise By-law

Regular Meeting of Council ndash Sept 11 2017

Background

bull Municipal Noise By-Laws are reflective ofan initiative by the Ministry of Environmentin the early 70rsquos when noise was declareda contaminant under the EnvironmentalProtection Act (EPA)

bull In 1975 the EPA was amended to allowmunicipalities to implement noise controlby-laws

2

Appendix A

2

Background

bull In January of 2003 Section 129 of theMunicipal Act replaced s178 of the EPAgiving local municipalities authority toldquoprohibit and regulaterdquo without therequirement for the Minister of theEnvironment to approve the by-law

bull The Town of Arnpriorrsquos Noise By-law wasfirst passed in 1979 (3127-79)

3

Background

bull Reviewed and Updated in 2011 (5974-11)ndash Formatting and grammatical changes

ndash Minor changes to definitions

ndash The addition of ldquothe use of engine air or jackbrakesrdquo as a prohibited

ndash Reference fines pursuant to the ProvincialOffences Act

4

3

Background

bull 2011 By-law reviewed by CorporateServices Advisory Committee in 2015ndash Feedback incorporated into draft by-law

bull Revisions to Noise By-law since 2011ndash Temporary exemptions

bull Arnprior Stampede

bull Construction

bull East Side MariorsquosDanny Macrsquos

5

What is Noisebull Definition varies in municipalities

ndash unwanted soundndash sound that is of such a volume or nature that

is likely to disturb the inhabitants

bull Generally noise means a sound that is ofsuch a volume or nature that does or maydisturb the quiet peace enjoyment orcomfort of people who are in the vicinity

6

4

Municipal Noise By-laws

bull Typically include prohibitions on certaintypes of noisendash ex operating loud machinery shouting

barking

ndash at specified times (ex After 11pm or all thetime)

ndash in prohibited areas (ex Residential)

7

Proposed Changes

bull Proposed changes in the draft by-lawndash Deletions are reflected in strikethrough text

ndash Additions are reflected in underlined text

bull Highlights includendash Changes andor additions to Definitions

ndash Simplifying exemptions by Council

ndash Addition of vexatious complaints

8

5

Proposed Changes bull Addition of Schedules

ndash Schedule 1 ndash Prohibited Noisebull Motor vehicle ndash banging clanking squealing

bull Unauthorized fireworks

ndash Schedule 2 ndash Prohibited Noise by Time andPlace

bull Change from 9pm-7am to 11pm to 7am

bull Deleted all selling or advertising by shoutinghellip

bull Added operation of activity or equipment inconnection with removal of debris private parkinglots

9

Proposed Changes

ndash Schedule 3 ndash Exempted noisebull Minor amendments to existing exemptions

bull Aviation activities

bull Snowsweeping activities essential for theoperation of a business

bull Fire alarms etc

bull Reasonable noise from a business activityprovided that the business is operating incompliance with the Townrsquos Zoning By-law

10

6

Next Steps

bull Draft By-law provided to Council forfeedback

bull Provide notice of Draft By-law to Public

bull Obtain feedback from Public

bull By-law for consideration to Council

11

Questions

12

The Corporation of the Town of Arnprior

By-law Number xxxx-17

Being a By-law to Control Noise

Whereas the making creation or maintenance of excessive unreasonable or nuisance noise within The Corporation of the Town of Arnprior affects and is a detriment to public health comfort convenience safety and welfare of the people of the municipality and

Whereas it is in the public interest to reduce the noise level within the municipality so as to preserve protect and promote the public health safety welfare and peace and quiet of the inhabitants thereof and

Whereas the Municipal Act 2001 SO 2001 C25 s 129 as amended authorizes Municipal Councils to pass by-laws to prohibit and regulate noise

Now Therefore the Council of the Corporation of the Town of Arnprior hereby enacts as follows

1 Definitions

In this By-Law

11 ldquoChief Administrative Officerrdquo means the person appointed as the Chief Administrative Officer of the Town within the meaning of the Municipal Act 2001

12 lsquoChief Building Officialrsquo means the person appointed as the Chief Building Official of the Town within the meaning of the Building Code Act 50 1992 c 23 as amended

13 lsquoclearly audiblersquo means a noise level that a reasonable person would consider to be excessive or unnecessary or intrusive or disturbing or unacceptable

14 lsquoconstructionrsquo includes but is not limited to erection alteration repair dismantling demolition structural maintenance painting moving land clearing earth moving grading excavating the laying of pipe and conduit whether above or below ground level street and highway building the manufacturing of material used for highway construction concreting equipment installation and alteration and the structural installation of

tdavis
Typewritten Text
tdavis
Typewritten Text
tdavis
Typewritten Text
Appendix A

Noise Control By-law

construction components and materials in any form or for any purpose and includes any work in connection therewith

15 lsquoconstruction equipmentrsquo means any equipment device or motorized

conveyance designed and intended for use in construction or material handling including but not limited to hand tools power tools air compressors pile drives pneumatic or hydraulic tools bulldozers tractors excavators trenchers cranes derricks loaders scrapers pavers generations off-highway haulers or trucks ditchers compactors and rollers pumps concrete mixers graders or material handling equipment

16 lsquoconveyancersquo includes a vehicle and any other device employed to transport a

person or persons or goods from place to place but does not include any such device or vehicle if operated only within the premises of a person

17 lsquoCouncilrsquo means the Council of the Corporation of the Town of Arnprior 18 lsquoDirector of Public Worksrsquo means the person appointed by Council as

Director of Public Works for the Town 19 lsquoFire Chiefrsquo means the person appointed as the Fire Chief of the Town within

the meaning of the Fire Protection and Prevention Act SO 1997 c4 as amended

110 lsquohighwayrsquo includes a common and public highway street avenue parkway

driveway square place bridge viaduct or trestle designed and intended for or used by the general public for the passage of vehicles

111 lsquoinhabitantsrsquo means one or more persons who reside in the Town of Arnprior 112 lsquomotor vehiclersquo includes an automobile motorcycle and any other vehicle

propelled or driven otherwise than by muscular power but does not include the cars of electric or steam railways or other motor vehicles running only upon rails or a motorized snow vehicle traction engine farm tractor self-propelled implement of husbandry or road-building machine within the meaning of The Highway Traffic Act

113 lsquomotorized conveyancersquo means a conveyance propelled or driven otherwise

than by muscular gravitational or wind power 114 lsquomunicipalityrsquo means the land within the geographic limit of the Town of

Arnprior

Noise Control By-law

115 lsquonuisance noisersquo means any loud unnecessary unusual or unreasonable

sound or vibration which annoys disturbs injures endangers or distracts from the comfort repose health peace andor safety of any reasonable person as determined by an officer

116 lsquoofficerrsquo means any member of the Ontario Provincial Police force and any

other police force police constable or By-law Enforcement Officer designated officer or other person appointed and employed by the Town of Arnprior for preservation and maintenance of public peace

117 lsquopersonrsquo means any individual and includes firm partnership association

corporation company or groups of persons 118 lsquopoint of receptionrsquo means any point on the premises of a person where

sound or vibration originating from other than those premises is received 119 lsquopremises means a building or structure or part of a build or structure the

lands appurtenant to the building or structure all mobile homes mobile buildings or mobile structures and includes vacant land

120 lsquoResidential Arearsquo means those areas of the Municipality specified as follows

those areas of the municipality zoned for residential use in any by-law in force from time to time passed pursuant to Section 34 of The Planning Act RSO 1990 Chapter P13 or any predecessor or successor of that Section

121 lsquoTown of Arnpriorrsquo means the Corporation of the Town of Arnprior

122 lsquoQuiet Zonersquo means the area and block municipally known as the Arnprior and District Memorial Hospital (Arnprior Regional Health) and illustrated in Appendix lsquoArdquo attached hereto

2 Regulations

21 No person shall emit or cause or permit to be caused any nuisance noise clearly audible at a point of reception listed in ldquoSchedule 1 ndash Prohibited Noiserdquo

22 No person shall cause or permit to be caused any nuisance noise audible at a

point of reception listed in ldquoSchedule 2 ndash Prohibited Noiserdquo by Time and Place where the noise occurs during the prohibited times specified in the schedule

23 Notwithstanding any other provision in this by-law a person may cause or

permit to be caused any nuisance noise audible at a point of reception provided the noise is in connection with any of the activities listed in ldquoSchedule 3 ndash Exempted Noiserdquo

Noise Control By-law

24 Notwithstanding any other provisions in this bylaw a person may cause or permit to be caused any nuisance noise audible at a point of reception in connection with a legitimate emergency for the protection of the immediate health safety or welfare of the inhabitants of the Town or for the preservation or protection of property or any Town infrastructure and critical Town services as may be determined by the Director of Public Works the Fire Chief the Chief Building Official the Chief Administrative Officer or an Officer

3 Nuisance Noise Prohibited At Any Time

31 No person shall cause or permit any nuisance noise which is clearly audible at the point of reception

4 Exemptions by Council

41 Notwithstanding anything contained in this by-law any person may no later than sixty (60) days prior to the date of which an exemption may be requested make a request to Council application in writing to be granted an exemption for 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 exemption 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 and any such request for exemption shall contain the following

a) the name and address of the applicant

b) the location of the event or activity for which the exemption is being sought

c) a description of the source of sound for which the exemption is being sought

d) the dates and period of time for which the exemption is being sought

42 The Council of the Town of Arnprior may by by-bylaw grant the exemption applied for or any exemption of lesser effect or refuse to grant an exemption Any exemption granted shall specify the time period during which it is effective and may contain such terms and conditions as the Council sees fit

43 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

Noise Control By-law

44 Breach by the applicant of any of the terms or conditions of any exemption granted by Council shall render the exemption null and void

5 Exemption ndash Municipal Construction Projects 51 That the Director of Public Works is delegated the authority to grant an

exemption to any section of this by-law provided it relates to a Town of Arnprior construction project repair or activity subject to the following conditions

a) That each individual request be reviewed by the Director of Public Works

prior to any work taking place during the requested hours to determine if the request is justified

b) That construction communication notices be sent to all members of Council as well as surrounding residents and business owners within a 200 meter radius of the area where the municipal construction activity is occurring advising them of the impending work at least two (2) calendar days prior to the works being undertaken

c) That the construction communication notices to residents and business owners include contact information for the contractor

d) That the Director of Public Works monitor and investigate any complaints regarding construction noise

e) That the applicant take measures to minimize any unnecessary noise such as idling of construction vehicles unnecessary revving of engines use of airbrakes and to maintain equipment in good working order (including muffling devices) to minimize noise impacts or other measures as may be prescribed by the Director of Public Works and

f) That no construction takes place on Statutory Holidays

g) That all exemptions be issued in writing bearing the signature of the Director of Public Works or authorized designate

6 Vexatious Complaints

61 Where an officer has determined that a complaint has been filed for a malicious or vexatious reasons or as part of an ongoing pattern of harassment and does not involve a matter of serious health safety or breach of the Noise By-law the officer may cease the investigation and close the file with no further action being taken

Noise Control By-law

7 Severability

71 If a court of competent jurisdiction should declare any section or park of a section of this by-law to be invalid such section of 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 force

8 Penalty

81 Every person who contravenes any of the provisions of this by-law is guilty of an offence and shall upon conviction thereof is liable to a fine exclusive of costs and every such fine is recoverable under in the Provincial Offences Act RSO 1990 cP 33 as amended

82 A person who is convicted of an offence under this by-law is liable for each

day or part of a day that the offence continues to a minimum fine of $25000 and a maximum fine of $1000000 and the total of all of the daily fines for the offence is $10000000 as provided for in subsection 429(3)2 of the Municipal Act 2001 S0 2001 c25 as amended

9 Repeal

91 That By-law No 5974-11 and any other by-laws resolutions or parts of by-

laws or resolutions inconsistent with the provisions contained in this by-law are hereby repealed

10 Enactment 101 This by-law shall come into full force and take effect upon the passing thereof Enacted and Passed this day of 2017 ___________________________ __________________________ Mayor Clerk

Noise Control By-law

Appendix A ndash Quiet Zone

Noise Control By-law

Schedule 1 ndash Nuisance Noise Prohibited

1 Allowing the persistent barking calling whining or other similar persistent noise-

making by any domestic pet or any other animal kept or used for any purpose other than agriculture

2 The racing of any motorized conveyance other than in a racing event regulated by law

3 The revving of a motor vehicle engine or the squealing of tires as a result of the operation of a motor vehicle

4 The operation of a motor vehicle motorized equipment construction equipment or pneumatic device without an exhaust muffling device in good working order

5 The operation of a motor vehicle or a motor vehicle with a trailer resulting in banging clanking squealing or other like sound due to improperly secured load or equipment or inadequate maintenance

6 The operation of a motor vehicle horn or other warning device except where

required or authorized by law or in accordance with good safety practices

7 The use of engine air brakes or lsquojackrsquo brakes

8 Unauthorized setting off of fireworks

Noise Control By-law

Schedule 2 ndash Prohibited Noise by Time and Place

Prohibited Times

Type of Noise Quiet Zone Residential

1 The operation of any electronic devices or group of connected electronic devices incorporating one or more loud speakers or other electromechanically transducers and intended for the production reproduction or amplification of sound

At All Times

900 ndash 700 am (900 Sundays)

1100 pm ndash 700 am

2 The operation of any auditory signaling device including but not limited to the ringing of bells or gongs and the 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

At All Times

900 ndash 700 am (900 Sundays)

All day Sundays and Statutory Holidays

1100 pm ndash 700 am

3 Yelling shouting hooting whistling or singing

At All Times 900 ndash 700 am

1100 pm ndash 700 am

4 All selling or advertising by shouting or outcry of amplified sound

At All Times 900 ndash 700 am

All day Sundays and Statutory Holidays

4 Loading unloading delivering packing unpacking or otherwise handling any containers products materials or refuse whatsoever unless necessary for the maintenance of essential services or the moving of private household effects

900 ndash 700 am All day Sundays and Statutory Holidays

1100 pm ndash 700 am

Statutory Holidays

900 ndash 700 am All day Sundays and Statutory Holidays

1100 pm ndash 700 am

Statutory Holidays

5 The operation of any activity or equipment in connection with construction or demolition save and except pursuant to Section 4 or where the Director of Public Works has granted an exemption pursuant to Section 5

900 ndash 700 am All day Sundays and Statutory Holidays

1100 pm ndash 700 am

Statutory Holidays

900 pm ndash 700 am

All day Sundays and Statutory Holidays

1100 pm ndash 700 am

Statutory Holidays

Noise Control By-law

Prohibited Times

Type of Noise Quiet Zone Residential

6 The operation of any activity or equipment in connection with the removal of dust and other debris from private parking lots abutting or sharing a property line with residential properties

1100 pm ndash 700 am

Statutory Holidays

1100 pm ndash 700 am

Statutory Holidays

Noise Control By-law

Schedule 3 ndash Exempted Noise

1 The use of bells or chimes normally associated with church activities

2 Parades authorized by the Town of Arnprior

3 Any special event held by the Town of Arnprior

4 Any fireworks displays authorized or permitted by the Town and in compliance with all applicable legislation including the Fireworks By-law

5 All activities associated with the Arnprior Fair

6 Sporting recreational and entertainment events in public parks or town buildings authorized by the Town of Arnprior

7 Musical and other performances in public parks or town buildings authorized by the Town of Arnprior

8 Special neighbourhood social activities on streets or other public land authorized by the Town of Arnprior

9 Aviation activities at the Arnprior Airport

10 Snow clearing road maintenance infrastructure repairs and road construction vehicles and equipment operated by the Town of Arnprior or its agents andor contractors

11 Any snow removal activities which are essential for the effective operation of a business

12 Sound emanating from the Fire Hall alarm or the sirens of any emergency vehicle equipment or activities while engaged in providing emergency work or responding to an emergency or during testing of the emergency warning siren

13 Any reasonable noise resulting from the operation of a business activity provided that such noise is part of the normal operation of the business and provided that the business is operating in compliance with the Townrsquos Zoning By-laws and all other applicable by-laws

Page 2: ARNPRIORarnprior.ca/wp-system/uploads/2013/12/Council... · 11/09/2017  · • August 30,2017 - County of Renfrew Council Meeting 14. Correspondence & Petitions a) Correspondence

Minutes of Regular Council Meeting

7 Awardsl Delegationsl Presentations a) Presentations

i) Draft Noise By-law - Town Clerk The Town Clerk provided an overview presentation on the Draft Noise By-law attached as Appendix A and forming part of these minutes and responded to questions

8 Public Meetings None

9 Matters TabledDeferredUnfinished Business a) Deferred Resolution No 155-17 - Regulation of Home Occupations

Resolution No 155-17 Moved by Walter Stack Seconded by Tom Burnette Whereas apparently there was a single complaint filed with the Corporation that a Business was not in compliance

And Whereas on the filing of that complaint the staff of the Corporation moved it forward leading to an investigation resulting in the current situation

And Whereas proper procedure was followed in dealing with the complaint it raises the issue that not all By-law complaints are equal and impact just one situation or individual

And Whereas this particular business has been operating for the past 11 years with the full knowledge of the Corporation and Council(s) and no actions were taken over the extended period of time

And Whereas the location in question was reassessed by MPAC and is paying Commercial taxes

And Whereas that this business is not likely the only business that is operating within the Town that may be violating the Zoning By-law

Now Therefore Be It Resolved That the staff of the Corporation survey and review all existing home businesses within the municipality and

a) Prepare a complete and total registry of the same b) Review and compile a list of those businesses that are in compliance and those that

are not in compliance with appropriate by-laws c) Staff to make note of the issues that may exist with By-laws make recommendations

for changes to be presented to Council in a Staff Report for consideration in the upcoming Comprehensive Zoning By-law

Page 2

Minutes of Regular Council Meeting

Further Be Resolved That it be recognized that this situation exists with the knowledge of the business owners the Corporation and Council therefore sharing responsibility for the situation today

Further Be It Resolved That it is recommended to Council by this motion that all existing Home Businesses within the Town of Arnprior that are on the newly developed registry and are not in compliance be Grandfathered as they operate today with no expansion rights and only for the current generation of OwnersOperators of the business Should the current generation halt operation for any reason the business must be shut down or sold and relocated within a properly zoned area of Town and appropriate notice given to those businesses

Further Be It Resolved That it is directed by this motion that staff bring a report to Council as to how complaints made with the Corporation are to be reviewed and categorized in a manner as to ensure Council input in such cases where they would have a wider impact rather than one person or situation This would allow for the key issues to be dealt with rather than just the side effect and in manner Council wishes the community at large to be considered

Resolution LOST

10 Staff Reports a) Nick Smith Centre LED Lighting Upgrades - Director of Recreation amp Environmental

Engineering Officer Resolution No 315-17 Moved by Dan Lynch Seconded by Tom Burnette That prior to the adoption of 2018 budgets Council pre-commits funding from the Capital Expenditure Reserve Fund estimated at $11868301 (including net HST) to undertake LED lighting upgrades and retro-fits at the Nick Smith Centre and

That Council award Conrad Lighting Solutions a contract in the amount of $11663032 (excluding HST) to undertake the LED lighting upgrades in 2018 in the Pool- Option 2 Rink A - Option 3 Rink B and Common Areas and

That the CAO be authorized to issue a Purchase Order to Conrad Lighting Solutions and finalize any required documentation in order to effect the purchase and

That Council authorize staff to proceed with an application for funding to Grants Ontario for this project

Report and Resolution CARRIED

The Environmental Engineering Officer provided an overview of the report and responded to questions with the assistance of the Director of Recreation

Page 3

Minutes of Regular Council Meeting

b) Vimy Oak Donation - Environmental Engineering Officer Resolution No 316-17 Moved by Dan Lynch Seconded by Walter Stack That Council approve the location to plant an English Vi my Oak donated to the Town by the County of Renfrew at Planting Location 1 B and

That Council approve the placement of a commemorative plaque near the Vimy Oak Report and Resolution CARRIED

The Environmental Engineering Officer provided an overview of the report and responded to questions

c) Insurance Renewal- General Manager of Client ServiceslTreasurer Resolution No 317-17 Moved by Frank Dugal Seconded by Ted Strike That Council approve a one-year extension for the provision of municipal general insurance and risk management services from January 1 2018 to December 31 2019 to Frank Cowan Company I JP Mulvihill amp Son General Insurance Brokers and

That the CAO is authorized in consultation with the Town Solicitor to finalize any required documentation to implement the extension for the provision of municipal general insurance and risk management services as set out herein and

That the General Manager of Client ServiceslTreasurer is directed to include the final annual premiums once determined in the Draft 2018 Operating Budget

Report and Resolution CARRIED

The General Manager of Client ServiceslTreasurer provided an overview of the report and responded to questions

11 Committee Reports and Minutes a) Corporate Services Advisory Committee Meeting Minutes - May 12017 Resolution No 318-17 Moved by Dan Lynch Seconded by Walter Stack That the minutes of the May 1 2017 Corporate Services AdviSOry Committee be received as information

Resolution CARRIED

12 Notice of Motions None

Page 4

Minutes of Regular Council Meeting

13 Reeves Report from County Council Reeve Walter Stack provided information from the following County of Renfrew meeting(s) filing the information in the Clerks Office for public information

bull August 302017 - County of Renfrew Council Meeting

14 Correspondence amp Petitions a) Correspondence Package No 1-17-SEPT -15 Resolution No 319-17 Moved by Frank Dugal Seconded by Ted Strike That the Correspondence Package No 1-17-SEPT-15 be received as information and filed accordingly

Resolution CARRIED

Mayor David Reid noted the following

bull Item 2 - Page 3-31 - Correspondence from LArche Arnprior - Invitation to the Annual General Meeting

o Mayor Reid acknowledged LArche for all of the fantastic work they do in our community

15 Bylaws Resolutions a) By-laws Resolution No 320-17 Moved by Tom Burnette Seconded by Dan Lynch That the following by-laws be and are hereby enacted and passed

i) By-law No 6748-17 - Exemption to Noise By-law (Daniel Street Watermain) ii) By-law No 6749-17 - CIP Agreement 83 John Street North iii) By-law No 6750-17 - WaiveSuspend Licencing Requirements - Special Event Vendor iv) By-law No 6751-17 - Pre-Approve 2018 Capital Funding LED Lighting Upgrades

Resolution CARRIED

b) Resolutions i) Support of Double Hatter Resolution No 321-17 Moved by Tom Burnette Seconded by Dan Lynch Whereas the International Association of Fire Firefighters (IAFF) constitution prohibits career firefighters from working part-time as a volunteer in another fire department and

Whereas many Ontario municipalities including the Town of Arnprior rely on career firefighters and volunteer firefighters in order to provide fire protection and

Whereas there are double hatters firefighters who work full-time in one community and volunteer for a nominal fee on their time off for the Arnprior Fire Department and

Page 5

Minutes of Regular Council Meeting

Whereas like many municipalities the Town of Arnprior benefits immensely from the extensive training and expertise double hatters bring to Arnpriors volunteer fire department and

Whereas several volunteer firefighters in the province have been charged and some have been convicted by an Ontario Professional Fire Fighters Association (OPFFA) jury for their volunteer firefighting efforts in their own town and

Whereas the right of individuals to use their free time in service of their community is a fundamental right in a free open and democratic society

Therefore Be It Resolved That the Council of the Corporation of the Town of Arnprior strongly encourages the Province of Ontario to revise legislation in regards to their position on double hatters and

Further Be It Resolved That the Council of the Corporation of the Town of Arnprior contribute a $100000 donation through wwwgofundmecom (Support our Local Two Hatters) in support of double hatters and

Further Be It Resolved That this resolution be circulated to the Honourable Kathleen Wynne Premier of Ontario The Honourable Marie-France Lalonde Minister of Community Safety and Correctional Services John Yakabuski MPP Renfrew-NipissingshyPembroke the Association of Municipalities of Ontario (AMO) and all municipalities in the County of Renfrew

Resolution CARRIED

16 Announcements Councillor Dan Lynch announced the following

bull Videoflicks will be closing at the end of the month We wish the owner all of the best in his retirement

bull The Arnprior Airport hosted a Canadian Owners and Pilots Association (COPA) fly-day for Kids on Saturday September 9 2017 which was a success

bull Doctors and Dining Duel is being held at the Nick Smith Centre on Friday September 15 2017 at 530 pm Tickets are $4500 each All of the proceeds are in support of Arnprior amp Area Physician Recruitment

bull Arnprior Night at the Races will be held on Thursday September 212017 at 600 pm at the Rideau Carleton Raceway Tickets are $30 (including tax) Your ticket also includes a $5 Play voucher Race Program Reserved Seating and Valet Parking

bull Music Trivia Night is being held on Thursday September 21 2017 at the Greenside Tavern All proceeds supporting CIBC run for the Cure for the Canadian cancer society

Mayor David Reid announced the following

bull The Ottawa Valley Community Connection is holding a fundraising dancemusic night at the Greenside Tavern on Friday October 62017 Tickets are $1000 each

Page 6

Minutes of Regular Council Meeting

17 Media Questions None

18 Closed Session None

19 Confirmatory By-Law Resolution No 322-17 Moved by Frank Dugal Seconded by Ted Strike That By-law No 6752-17 being a By-law to confirm the proceedings of the Regular Meeting of Council held on September 11 2017 and it is hereby enacted and passed

Resolution CARRIED

20 Adjournment Resolution No 323-17 Moved by Tom Burnette Seconded by Dan Lynch That this meeting of Council be adjourned at 754 pm

Resolution CARRIED

David Reid Mayor Maureen Spratt Town Clerk

Page 7

1

Maureen Spratt Town Clerk

Draft Noise By-law

Regular Meeting of Council ndash Sept 11 2017

Background

bull Municipal Noise By-Laws are reflective ofan initiative by the Ministry of Environmentin the early 70rsquos when noise was declareda contaminant under the EnvironmentalProtection Act (EPA)

bull In 1975 the EPA was amended to allowmunicipalities to implement noise controlby-laws

2

Appendix A

2

Background

bull In January of 2003 Section 129 of theMunicipal Act replaced s178 of the EPAgiving local municipalities authority toldquoprohibit and regulaterdquo without therequirement for the Minister of theEnvironment to approve the by-law

bull The Town of Arnpriorrsquos Noise By-law wasfirst passed in 1979 (3127-79)

3

Background

bull Reviewed and Updated in 2011 (5974-11)ndash Formatting and grammatical changes

ndash Minor changes to definitions

ndash The addition of ldquothe use of engine air or jackbrakesrdquo as a prohibited

ndash Reference fines pursuant to the ProvincialOffences Act

4

3

Background

bull 2011 By-law reviewed by CorporateServices Advisory Committee in 2015ndash Feedback incorporated into draft by-law

bull Revisions to Noise By-law since 2011ndash Temporary exemptions

bull Arnprior Stampede

bull Construction

bull East Side MariorsquosDanny Macrsquos

5

What is Noisebull Definition varies in municipalities

ndash unwanted soundndash sound that is of such a volume or nature that

is likely to disturb the inhabitants

bull Generally noise means a sound that is ofsuch a volume or nature that does or maydisturb the quiet peace enjoyment orcomfort of people who are in the vicinity

6

4

Municipal Noise By-laws

bull Typically include prohibitions on certaintypes of noisendash ex operating loud machinery shouting

barking

ndash at specified times (ex After 11pm or all thetime)

ndash in prohibited areas (ex Residential)

7

Proposed Changes

bull Proposed changes in the draft by-lawndash Deletions are reflected in strikethrough text

ndash Additions are reflected in underlined text

bull Highlights includendash Changes andor additions to Definitions

ndash Simplifying exemptions by Council

ndash Addition of vexatious complaints

8

5

Proposed Changes bull Addition of Schedules

ndash Schedule 1 ndash Prohibited Noisebull Motor vehicle ndash banging clanking squealing

bull Unauthorized fireworks

ndash Schedule 2 ndash Prohibited Noise by Time andPlace

bull Change from 9pm-7am to 11pm to 7am

bull Deleted all selling or advertising by shoutinghellip

bull Added operation of activity or equipment inconnection with removal of debris private parkinglots

9

Proposed Changes

ndash Schedule 3 ndash Exempted noisebull Minor amendments to existing exemptions

bull Aviation activities

bull Snowsweeping activities essential for theoperation of a business

bull Fire alarms etc

bull Reasonable noise from a business activityprovided that the business is operating incompliance with the Townrsquos Zoning By-law

10

6

Next Steps

bull Draft By-law provided to Council forfeedback

bull Provide notice of Draft By-law to Public

bull Obtain feedback from Public

bull By-law for consideration to Council

11

Questions

12

The Corporation of the Town of Arnprior

By-law Number xxxx-17

Being a By-law to Control Noise

Whereas the making creation or maintenance of excessive unreasonable or nuisance noise within The Corporation of the Town of Arnprior affects and is a detriment to public health comfort convenience safety and welfare of the people of the municipality and

Whereas it is in the public interest to reduce the noise level within the municipality so as to preserve protect and promote the public health safety welfare and peace and quiet of the inhabitants thereof and

Whereas the Municipal Act 2001 SO 2001 C25 s 129 as amended authorizes Municipal Councils to pass by-laws to prohibit and regulate noise

Now Therefore the Council of the Corporation of the Town of Arnprior hereby enacts as follows

1 Definitions

In this By-Law

11 ldquoChief Administrative Officerrdquo means the person appointed as the Chief Administrative Officer of the Town within the meaning of the Municipal Act 2001

12 lsquoChief Building Officialrsquo means the person appointed as the Chief Building Official of the Town within the meaning of the Building Code Act 50 1992 c 23 as amended

13 lsquoclearly audiblersquo means a noise level that a reasonable person would consider to be excessive or unnecessary or intrusive or disturbing or unacceptable

14 lsquoconstructionrsquo includes but is not limited to erection alteration repair dismantling demolition structural maintenance painting moving land clearing earth moving grading excavating the laying of pipe and conduit whether above or below ground level street and highway building the manufacturing of material used for highway construction concreting equipment installation and alteration and the structural installation of

tdavis
Typewritten Text
tdavis
Typewritten Text
tdavis
Typewritten Text
Appendix A

Noise Control By-law

construction components and materials in any form or for any purpose and includes any work in connection therewith

15 lsquoconstruction equipmentrsquo means any equipment device or motorized

conveyance designed and intended for use in construction or material handling including but not limited to hand tools power tools air compressors pile drives pneumatic or hydraulic tools bulldozers tractors excavators trenchers cranes derricks loaders scrapers pavers generations off-highway haulers or trucks ditchers compactors and rollers pumps concrete mixers graders or material handling equipment

16 lsquoconveyancersquo includes a vehicle and any other device employed to transport a

person or persons or goods from place to place but does not include any such device or vehicle if operated only within the premises of a person

17 lsquoCouncilrsquo means the Council of the Corporation of the Town of Arnprior 18 lsquoDirector of Public Worksrsquo means the person appointed by Council as

Director of Public Works for the Town 19 lsquoFire Chiefrsquo means the person appointed as the Fire Chief of the Town within

the meaning of the Fire Protection and Prevention Act SO 1997 c4 as amended

110 lsquohighwayrsquo includes a common and public highway street avenue parkway

driveway square place bridge viaduct or trestle designed and intended for or used by the general public for the passage of vehicles

111 lsquoinhabitantsrsquo means one or more persons who reside in the Town of Arnprior 112 lsquomotor vehiclersquo includes an automobile motorcycle and any other vehicle

propelled or driven otherwise than by muscular power but does not include the cars of electric or steam railways or other motor vehicles running only upon rails or a motorized snow vehicle traction engine farm tractor self-propelled implement of husbandry or road-building machine within the meaning of The Highway Traffic Act

113 lsquomotorized conveyancersquo means a conveyance propelled or driven otherwise

than by muscular gravitational or wind power 114 lsquomunicipalityrsquo means the land within the geographic limit of the Town of

Arnprior

Noise Control By-law

115 lsquonuisance noisersquo means any loud unnecessary unusual or unreasonable

sound or vibration which annoys disturbs injures endangers or distracts from the comfort repose health peace andor safety of any reasonable person as determined by an officer

116 lsquoofficerrsquo means any member of the Ontario Provincial Police force and any

other police force police constable or By-law Enforcement Officer designated officer or other person appointed and employed by the Town of Arnprior for preservation and maintenance of public peace

117 lsquopersonrsquo means any individual and includes firm partnership association

corporation company or groups of persons 118 lsquopoint of receptionrsquo means any point on the premises of a person where

sound or vibration originating from other than those premises is received 119 lsquopremises means a building or structure or part of a build or structure the

lands appurtenant to the building or structure all mobile homes mobile buildings or mobile structures and includes vacant land

120 lsquoResidential Arearsquo means those areas of the Municipality specified as follows

those areas of the municipality zoned for residential use in any by-law in force from time to time passed pursuant to Section 34 of The Planning Act RSO 1990 Chapter P13 or any predecessor or successor of that Section

121 lsquoTown of Arnpriorrsquo means the Corporation of the Town of Arnprior

122 lsquoQuiet Zonersquo means the area and block municipally known as the Arnprior and District Memorial Hospital (Arnprior Regional Health) and illustrated in Appendix lsquoArdquo attached hereto

2 Regulations

21 No person shall emit or cause or permit to be caused any nuisance noise clearly audible at a point of reception listed in ldquoSchedule 1 ndash Prohibited Noiserdquo

22 No person shall cause or permit to be caused any nuisance noise audible at a

point of reception listed in ldquoSchedule 2 ndash Prohibited Noiserdquo by Time and Place where the noise occurs during the prohibited times specified in the schedule

23 Notwithstanding any other provision in this by-law a person may cause or

permit to be caused any nuisance noise audible at a point of reception provided the noise is in connection with any of the activities listed in ldquoSchedule 3 ndash Exempted Noiserdquo

Noise Control By-law

24 Notwithstanding any other provisions in this bylaw a person may cause or permit to be caused any nuisance noise audible at a point of reception in connection with a legitimate emergency for the protection of the immediate health safety or welfare of the inhabitants of the Town or for the preservation or protection of property or any Town infrastructure and critical Town services as may be determined by the Director of Public Works the Fire Chief the Chief Building Official the Chief Administrative Officer or an Officer

3 Nuisance Noise Prohibited At Any Time

31 No person shall cause or permit any nuisance noise which is clearly audible at the point of reception

4 Exemptions by Council

41 Notwithstanding anything contained in this by-law any person may no later than sixty (60) days prior to the date of which an exemption may be requested make a request to Council application in writing to be granted an exemption for 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 exemption 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 and any such request for exemption shall contain the following

a) the name and address of the applicant

b) the location of the event or activity for which the exemption is being sought

c) a description of the source of sound for which the exemption is being sought

d) the dates and period of time for which the exemption is being sought

42 The Council of the Town of Arnprior may by by-bylaw grant the exemption applied for or any exemption of lesser effect or refuse to grant an exemption Any exemption granted shall specify the time period during which it is effective and may contain such terms and conditions as the Council sees fit

43 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

Noise Control By-law

44 Breach by the applicant of any of the terms or conditions of any exemption granted by Council shall render the exemption null and void

5 Exemption ndash Municipal Construction Projects 51 That the Director of Public Works is delegated the authority to grant an

exemption to any section of this by-law provided it relates to a Town of Arnprior construction project repair or activity subject to the following conditions

a) That each individual request be reviewed by the Director of Public Works

prior to any work taking place during the requested hours to determine if the request is justified

b) That construction communication notices be sent to all members of Council as well as surrounding residents and business owners within a 200 meter radius of the area where the municipal construction activity is occurring advising them of the impending work at least two (2) calendar days prior to the works being undertaken

c) That the construction communication notices to residents and business owners include contact information for the contractor

d) That the Director of Public Works monitor and investigate any complaints regarding construction noise

e) That the applicant take measures to minimize any unnecessary noise such as idling of construction vehicles unnecessary revving of engines use of airbrakes and to maintain equipment in good working order (including muffling devices) to minimize noise impacts or other measures as may be prescribed by the Director of Public Works and

f) That no construction takes place on Statutory Holidays

g) That all exemptions be issued in writing bearing the signature of the Director of Public Works or authorized designate

6 Vexatious Complaints

61 Where an officer has determined that a complaint has been filed for a malicious or vexatious reasons or as part of an ongoing pattern of harassment and does not involve a matter of serious health safety or breach of the Noise By-law the officer may cease the investigation and close the file with no further action being taken

Noise Control By-law

7 Severability

71 If a court of competent jurisdiction should declare any section or park of a section of this by-law to be invalid such section of 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 force

8 Penalty

81 Every person who contravenes any of the provisions of this by-law is guilty of an offence and shall upon conviction thereof is liable to a fine exclusive of costs and every such fine is recoverable under in the Provincial Offences Act RSO 1990 cP 33 as amended

82 A person who is convicted of an offence under this by-law is liable for each

day or part of a day that the offence continues to a minimum fine of $25000 and a maximum fine of $1000000 and the total of all of the daily fines for the offence is $10000000 as provided for in subsection 429(3)2 of the Municipal Act 2001 S0 2001 c25 as amended

9 Repeal

91 That By-law No 5974-11 and any other by-laws resolutions or parts of by-

laws or resolutions inconsistent with the provisions contained in this by-law are hereby repealed

10 Enactment 101 This by-law shall come into full force and take effect upon the passing thereof Enacted and Passed this day of 2017 ___________________________ __________________________ Mayor Clerk

Noise Control By-law

Appendix A ndash Quiet Zone

Noise Control By-law

Schedule 1 ndash Nuisance Noise Prohibited

1 Allowing the persistent barking calling whining or other similar persistent noise-

making by any domestic pet or any other animal kept or used for any purpose other than agriculture

2 The racing of any motorized conveyance other than in a racing event regulated by law

3 The revving of a motor vehicle engine or the squealing of tires as a result of the operation of a motor vehicle

4 The operation of a motor vehicle motorized equipment construction equipment or pneumatic device without an exhaust muffling device in good working order

5 The operation of a motor vehicle or a motor vehicle with a trailer resulting in banging clanking squealing or other like sound due to improperly secured load or equipment or inadequate maintenance

6 The operation of a motor vehicle horn or other warning device except where

required or authorized by law or in accordance with good safety practices

7 The use of engine air brakes or lsquojackrsquo brakes

8 Unauthorized setting off of fireworks

Noise Control By-law

Schedule 2 ndash Prohibited Noise by Time and Place

Prohibited Times

Type of Noise Quiet Zone Residential

1 The operation of any electronic devices or group of connected electronic devices incorporating one or more loud speakers or other electromechanically transducers and intended for the production reproduction or amplification of sound

At All Times

900 ndash 700 am (900 Sundays)

1100 pm ndash 700 am

2 The operation of any auditory signaling device including but not limited to the ringing of bells or gongs and the 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

At All Times

900 ndash 700 am (900 Sundays)

All day Sundays and Statutory Holidays

1100 pm ndash 700 am

3 Yelling shouting hooting whistling or singing

At All Times 900 ndash 700 am

1100 pm ndash 700 am

4 All selling or advertising by shouting or outcry of amplified sound

At All Times 900 ndash 700 am

All day Sundays and Statutory Holidays

4 Loading unloading delivering packing unpacking or otherwise handling any containers products materials or refuse whatsoever unless necessary for the maintenance of essential services or the moving of private household effects

900 ndash 700 am All day Sundays and Statutory Holidays

1100 pm ndash 700 am

Statutory Holidays

900 ndash 700 am All day Sundays and Statutory Holidays

1100 pm ndash 700 am

Statutory Holidays

5 The operation of any activity or equipment in connection with construction or demolition save and except pursuant to Section 4 or where the Director of Public Works has granted an exemption pursuant to Section 5

900 ndash 700 am All day Sundays and Statutory Holidays

1100 pm ndash 700 am

Statutory Holidays

900 pm ndash 700 am

All day Sundays and Statutory Holidays

1100 pm ndash 700 am

Statutory Holidays

Noise Control By-law

Prohibited Times

Type of Noise Quiet Zone Residential

6 The operation of any activity or equipment in connection with the removal of dust and other debris from private parking lots abutting or sharing a property line with residential properties

1100 pm ndash 700 am

Statutory Holidays

1100 pm ndash 700 am

Statutory Holidays

Noise Control By-law

Schedule 3 ndash Exempted Noise

1 The use of bells or chimes normally associated with church activities

2 Parades authorized by the Town of Arnprior

3 Any special event held by the Town of Arnprior

4 Any fireworks displays authorized or permitted by the Town and in compliance with all applicable legislation including the Fireworks By-law

5 All activities associated with the Arnprior Fair

6 Sporting recreational and entertainment events in public parks or town buildings authorized by the Town of Arnprior

7 Musical and other performances in public parks or town buildings authorized by the Town of Arnprior

8 Special neighbourhood social activities on streets or other public land authorized by the Town of Arnprior

9 Aviation activities at the Arnprior Airport

10 Snow clearing road maintenance infrastructure repairs and road construction vehicles and equipment operated by the Town of Arnprior or its agents andor contractors

11 Any snow removal activities which are essential for the effective operation of a business

12 Sound emanating from the Fire Hall alarm or the sirens of any emergency vehicle equipment or activities while engaged in providing emergency work or responding to an emergency or during testing of the emergency warning siren

13 Any reasonable noise resulting from the operation of a business activity provided that such noise is part of the normal operation of the business and provided that the business is operating in compliance with the Townrsquos Zoning By-laws and all other applicable by-laws

Page 3: ARNPRIORarnprior.ca/wp-system/uploads/2013/12/Council... · 11/09/2017  · • August 30,2017 - County of Renfrew Council Meeting 14. Correspondence & Petitions a) Correspondence

Minutes of Regular Council Meeting

Further Be Resolved That it be recognized that this situation exists with the knowledge of the business owners the Corporation and Council therefore sharing responsibility for the situation today

Further Be It Resolved That it is recommended to Council by this motion that all existing Home Businesses within the Town of Arnprior that are on the newly developed registry and are not in compliance be Grandfathered as they operate today with no expansion rights and only for the current generation of OwnersOperators of the business Should the current generation halt operation for any reason the business must be shut down or sold and relocated within a properly zoned area of Town and appropriate notice given to those businesses

Further Be It Resolved That it is directed by this motion that staff bring a report to Council as to how complaints made with the Corporation are to be reviewed and categorized in a manner as to ensure Council input in such cases where they would have a wider impact rather than one person or situation This would allow for the key issues to be dealt with rather than just the side effect and in manner Council wishes the community at large to be considered

Resolution LOST

10 Staff Reports a) Nick Smith Centre LED Lighting Upgrades - Director of Recreation amp Environmental

Engineering Officer Resolution No 315-17 Moved by Dan Lynch Seconded by Tom Burnette That prior to the adoption of 2018 budgets Council pre-commits funding from the Capital Expenditure Reserve Fund estimated at $11868301 (including net HST) to undertake LED lighting upgrades and retro-fits at the Nick Smith Centre and

That Council award Conrad Lighting Solutions a contract in the amount of $11663032 (excluding HST) to undertake the LED lighting upgrades in 2018 in the Pool- Option 2 Rink A - Option 3 Rink B and Common Areas and

That the CAO be authorized to issue a Purchase Order to Conrad Lighting Solutions and finalize any required documentation in order to effect the purchase and

That Council authorize staff to proceed with an application for funding to Grants Ontario for this project

Report and Resolution CARRIED

The Environmental Engineering Officer provided an overview of the report and responded to questions with the assistance of the Director of Recreation

Page 3

Minutes of Regular Council Meeting

b) Vimy Oak Donation - Environmental Engineering Officer Resolution No 316-17 Moved by Dan Lynch Seconded by Walter Stack That Council approve the location to plant an English Vi my Oak donated to the Town by the County of Renfrew at Planting Location 1 B and

That Council approve the placement of a commemorative plaque near the Vimy Oak Report and Resolution CARRIED

The Environmental Engineering Officer provided an overview of the report and responded to questions

c) Insurance Renewal- General Manager of Client ServiceslTreasurer Resolution No 317-17 Moved by Frank Dugal Seconded by Ted Strike That Council approve a one-year extension for the provision of municipal general insurance and risk management services from January 1 2018 to December 31 2019 to Frank Cowan Company I JP Mulvihill amp Son General Insurance Brokers and

That the CAO is authorized in consultation with the Town Solicitor to finalize any required documentation to implement the extension for the provision of municipal general insurance and risk management services as set out herein and

That the General Manager of Client ServiceslTreasurer is directed to include the final annual premiums once determined in the Draft 2018 Operating Budget

Report and Resolution CARRIED

The General Manager of Client ServiceslTreasurer provided an overview of the report and responded to questions

11 Committee Reports and Minutes a) Corporate Services Advisory Committee Meeting Minutes - May 12017 Resolution No 318-17 Moved by Dan Lynch Seconded by Walter Stack That the minutes of the May 1 2017 Corporate Services AdviSOry Committee be received as information

Resolution CARRIED

12 Notice of Motions None

Page 4

Minutes of Regular Council Meeting

13 Reeves Report from County Council Reeve Walter Stack provided information from the following County of Renfrew meeting(s) filing the information in the Clerks Office for public information

bull August 302017 - County of Renfrew Council Meeting

14 Correspondence amp Petitions a) Correspondence Package No 1-17-SEPT -15 Resolution No 319-17 Moved by Frank Dugal Seconded by Ted Strike That the Correspondence Package No 1-17-SEPT-15 be received as information and filed accordingly

Resolution CARRIED

Mayor David Reid noted the following

bull Item 2 - Page 3-31 - Correspondence from LArche Arnprior - Invitation to the Annual General Meeting

o Mayor Reid acknowledged LArche for all of the fantastic work they do in our community

15 Bylaws Resolutions a) By-laws Resolution No 320-17 Moved by Tom Burnette Seconded by Dan Lynch That the following by-laws be and are hereby enacted and passed

i) By-law No 6748-17 - Exemption to Noise By-law (Daniel Street Watermain) ii) By-law No 6749-17 - CIP Agreement 83 John Street North iii) By-law No 6750-17 - WaiveSuspend Licencing Requirements - Special Event Vendor iv) By-law No 6751-17 - Pre-Approve 2018 Capital Funding LED Lighting Upgrades

Resolution CARRIED

b) Resolutions i) Support of Double Hatter Resolution No 321-17 Moved by Tom Burnette Seconded by Dan Lynch Whereas the International Association of Fire Firefighters (IAFF) constitution prohibits career firefighters from working part-time as a volunteer in another fire department and

Whereas many Ontario municipalities including the Town of Arnprior rely on career firefighters and volunteer firefighters in order to provide fire protection and

Whereas there are double hatters firefighters who work full-time in one community and volunteer for a nominal fee on their time off for the Arnprior Fire Department and

Page 5

Minutes of Regular Council Meeting

Whereas like many municipalities the Town of Arnprior benefits immensely from the extensive training and expertise double hatters bring to Arnpriors volunteer fire department and

Whereas several volunteer firefighters in the province have been charged and some have been convicted by an Ontario Professional Fire Fighters Association (OPFFA) jury for their volunteer firefighting efforts in their own town and

Whereas the right of individuals to use their free time in service of their community is a fundamental right in a free open and democratic society

Therefore Be It Resolved That the Council of the Corporation of the Town of Arnprior strongly encourages the Province of Ontario to revise legislation in regards to their position on double hatters and

Further Be It Resolved That the Council of the Corporation of the Town of Arnprior contribute a $100000 donation through wwwgofundmecom (Support our Local Two Hatters) in support of double hatters and

Further Be It Resolved That this resolution be circulated to the Honourable Kathleen Wynne Premier of Ontario The Honourable Marie-France Lalonde Minister of Community Safety and Correctional Services John Yakabuski MPP Renfrew-NipissingshyPembroke the Association of Municipalities of Ontario (AMO) and all municipalities in the County of Renfrew

Resolution CARRIED

16 Announcements Councillor Dan Lynch announced the following

bull Videoflicks will be closing at the end of the month We wish the owner all of the best in his retirement

bull The Arnprior Airport hosted a Canadian Owners and Pilots Association (COPA) fly-day for Kids on Saturday September 9 2017 which was a success

bull Doctors and Dining Duel is being held at the Nick Smith Centre on Friday September 15 2017 at 530 pm Tickets are $4500 each All of the proceeds are in support of Arnprior amp Area Physician Recruitment

bull Arnprior Night at the Races will be held on Thursday September 212017 at 600 pm at the Rideau Carleton Raceway Tickets are $30 (including tax) Your ticket also includes a $5 Play voucher Race Program Reserved Seating and Valet Parking

bull Music Trivia Night is being held on Thursday September 21 2017 at the Greenside Tavern All proceeds supporting CIBC run for the Cure for the Canadian cancer society

Mayor David Reid announced the following

bull The Ottawa Valley Community Connection is holding a fundraising dancemusic night at the Greenside Tavern on Friday October 62017 Tickets are $1000 each

Page 6

Minutes of Regular Council Meeting

17 Media Questions None

18 Closed Session None

19 Confirmatory By-Law Resolution No 322-17 Moved by Frank Dugal Seconded by Ted Strike That By-law No 6752-17 being a By-law to confirm the proceedings of the Regular Meeting of Council held on September 11 2017 and it is hereby enacted and passed

Resolution CARRIED

20 Adjournment Resolution No 323-17 Moved by Tom Burnette Seconded by Dan Lynch That this meeting of Council be adjourned at 754 pm

Resolution CARRIED

David Reid Mayor Maureen Spratt Town Clerk

Page 7

1

Maureen Spratt Town Clerk

Draft Noise By-law

Regular Meeting of Council ndash Sept 11 2017

Background

bull Municipal Noise By-Laws are reflective ofan initiative by the Ministry of Environmentin the early 70rsquos when noise was declareda contaminant under the EnvironmentalProtection Act (EPA)

bull In 1975 the EPA was amended to allowmunicipalities to implement noise controlby-laws

2

Appendix A

2

Background

bull In January of 2003 Section 129 of theMunicipal Act replaced s178 of the EPAgiving local municipalities authority toldquoprohibit and regulaterdquo without therequirement for the Minister of theEnvironment to approve the by-law

bull The Town of Arnpriorrsquos Noise By-law wasfirst passed in 1979 (3127-79)

3

Background

bull Reviewed and Updated in 2011 (5974-11)ndash Formatting and grammatical changes

ndash Minor changes to definitions

ndash The addition of ldquothe use of engine air or jackbrakesrdquo as a prohibited

ndash Reference fines pursuant to the ProvincialOffences Act

4

3

Background

bull 2011 By-law reviewed by CorporateServices Advisory Committee in 2015ndash Feedback incorporated into draft by-law

bull Revisions to Noise By-law since 2011ndash Temporary exemptions

bull Arnprior Stampede

bull Construction

bull East Side MariorsquosDanny Macrsquos

5

What is Noisebull Definition varies in municipalities

ndash unwanted soundndash sound that is of such a volume or nature that

is likely to disturb the inhabitants

bull Generally noise means a sound that is ofsuch a volume or nature that does or maydisturb the quiet peace enjoyment orcomfort of people who are in the vicinity

6

4

Municipal Noise By-laws

bull Typically include prohibitions on certaintypes of noisendash ex operating loud machinery shouting

barking

ndash at specified times (ex After 11pm or all thetime)

ndash in prohibited areas (ex Residential)

7

Proposed Changes

bull Proposed changes in the draft by-lawndash Deletions are reflected in strikethrough text

ndash Additions are reflected in underlined text

bull Highlights includendash Changes andor additions to Definitions

ndash Simplifying exemptions by Council

ndash Addition of vexatious complaints

8

5

Proposed Changes bull Addition of Schedules

ndash Schedule 1 ndash Prohibited Noisebull Motor vehicle ndash banging clanking squealing

bull Unauthorized fireworks

ndash Schedule 2 ndash Prohibited Noise by Time andPlace

bull Change from 9pm-7am to 11pm to 7am

bull Deleted all selling or advertising by shoutinghellip

bull Added operation of activity or equipment inconnection with removal of debris private parkinglots

9

Proposed Changes

ndash Schedule 3 ndash Exempted noisebull Minor amendments to existing exemptions

bull Aviation activities

bull Snowsweeping activities essential for theoperation of a business

bull Fire alarms etc

bull Reasonable noise from a business activityprovided that the business is operating incompliance with the Townrsquos Zoning By-law

10

6

Next Steps

bull Draft By-law provided to Council forfeedback

bull Provide notice of Draft By-law to Public

bull Obtain feedback from Public

bull By-law for consideration to Council

11

Questions

12

The Corporation of the Town of Arnprior

By-law Number xxxx-17

Being a By-law to Control Noise

Whereas the making creation or maintenance of excessive unreasonable or nuisance noise within The Corporation of the Town of Arnprior affects and is a detriment to public health comfort convenience safety and welfare of the people of the municipality and

Whereas it is in the public interest to reduce the noise level within the municipality so as to preserve protect and promote the public health safety welfare and peace and quiet of the inhabitants thereof and

Whereas the Municipal Act 2001 SO 2001 C25 s 129 as amended authorizes Municipal Councils to pass by-laws to prohibit and regulate noise

Now Therefore the Council of the Corporation of the Town of Arnprior hereby enacts as follows

1 Definitions

In this By-Law

11 ldquoChief Administrative Officerrdquo means the person appointed as the Chief Administrative Officer of the Town within the meaning of the Municipal Act 2001

12 lsquoChief Building Officialrsquo means the person appointed as the Chief Building Official of the Town within the meaning of the Building Code Act 50 1992 c 23 as amended

13 lsquoclearly audiblersquo means a noise level that a reasonable person would consider to be excessive or unnecessary or intrusive or disturbing or unacceptable

14 lsquoconstructionrsquo includes but is not limited to erection alteration repair dismantling demolition structural maintenance painting moving land clearing earth moving grading excavating the laying of pipe and conduit whether above or below ground level street and highway building the manufacturing of material used for highway construction concreting equipment installation and alteration and the structural installation of

tdavis
Typewritten Text
tdavis
Typewritten Text
tdavis
Typewritten Text
Appendix A

Noise Control By-law

construction components and materials in any form or for any purpose and includes any work in connection therewith

15 lsquoconstruction equipmentrsquo means any equipment device or motorized

conveyance designed and intended for use in construction or material handling including but not limited to hand tools power tools air compressors pile drives pneumatic or hydraulic tools bulldozers tractors excavators trenchers cranes derricks loaders scrapers pavers generations off-highway haulers or trucks ditchers compactors and rollers pumps concrete mixers graders or material handling equipment

16 lsquoconveyancersquo includes a vehicle and any other device employed to transport a

person or persons or goods from place to place but does not include any such device or vehicle if operated only within the premises of a person

17 lsquoCouncilrsquo means the Council of the Corporation of the Town of Arnprior 18 lsquoDirector of Public Worksrsquo means the person appointed by Council as

Director of Public Works for the Town 19 lsquoFire Chiefrsquo means the person appointed as the Fire Chief of the Town within

the meaning of the Fire Protection and Prevention Act SO 1997 c4 as amended

110 lsquohighwayrsquo includes a common and public highway street avenue parkway

driveway square place bridge viaduct or trestle designed and intended for or used by the general public for the passage of vehicles

111 lsquoinhabitantsrsquo means one or more persons who reside in the Town of Arnprior 112 lsquomotor vehiclersquo includes an automobile motorcycle and any other vehicle

propelled or driven otherwise than by muscular power but does not include the cars of electric or steam railways or other motor vehicles running only upon rails or a motorized snow vehicle traction engine farm tractor self-propelled implement of husbandry or road-building machine within the meaning of The Highway Traffic Act

113 lsquomotorized conveyancersquo means a conveyance propelled or driven otherwise

than by muscular gravitational or wind power 114 lsquomunicipalityrsquo means the land within the geographic limit of the Town of

Arnprior

Noise Control By-law

115 lsquonuisance noisersquo means any loud unnecessary unusual or unreasonable

sound or vibration which annoys disturbs injures endangers or distracts from the comfort repose health peace andor safety of any reasonable person as determined by an officer

116 lsquoofficerrsquo means any member of the Ontario Provincial Police force and any

other police force police constable or By-law Enforcement Officer designated officer or other person appointed and employed by the Town of Arnprior for preservation and maintenance of public peace

117 lsquopersonrsquo means any individual and includes firm partnership association

corporation company or groups of persons 118 lsquopoint of receptionrsquo means any point on the premises of a person where

sound or vibration originating from other than those premises is received 119 lsquopremises means a building or structure or part of a build or structure the

lands appurtenant to the building or structure all mobile homes mobile buildings or mobile structures and includes vacant land

120 lsquoResidential Arearsquo means those areas of the Municipality specified as follows

those areas of the municipality zoned for residential use in any by-law in force from time to time passed pursuant to Section 34 of The Planning Act RSO 1990 Chapter P13 or any predecessor or successor of that Section

121 lsquoTown of Arnpriorrsquo means the Corporation of the Town of Arnprior

122 lsquoQuiet Zonersquo means the area and block municipally known as the Arnprior and District Memorial Hospital (Arnprior Regional Health) and illustrated in Appendix lsquoArdquo attached hereto

2 Regulations

21 No person shall emit or cause or permit to be caused any nuisance noise clearly audible at a point of reception listed in ldquoSchedule 1 ndash Prohibited Noiserdquo

22 No person shall cause or permit to be caused any nuisance noise audible at a

point of reception listed in ldquoSchedule 2 ndash Prohibited Noiserdquo by Time and Place where the noise occurs during the prohibited times specified in the schedule

23 Notwithstanding any other provision in this by-law a person may cause or

permit to be caused any nuisance noise audible at a point of reception provided the noise is in connection with any of the activities listed in ldquoSchedule 3 ndash Exempted Noiserdquo

Noise Control By-law

24 Notwithstanding any other provisions in this bylaw a person may cause or permit to be caused any nuisance noise audible at a point of reception in connection with a legitimate emergency for the protection of the immediate health safety or welfare of the inhabitants of the Town or for the preservation or protection of property or any Town infrastructure and critical Town services as may be determined by the Director of Public Works the Fire Chief the Chief Building Official the Chief Administrative Officer or an Officer

3 Nuisance Noise Prohibited At Any Time

31 No person shall cause or permit any nuisance noise which is clearly audible at the point of reception

4 Exemptions by Council

41 Notwithstanding anything contained in this by-law any person may no later than sixty (60) days prior to the date of which an exemption may be requested make a request to Council application in writing to be granted an exemption for 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 exemption 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 and any such request for exemption shall contain the following

a) the name and address of the applicant

b) the location of the event or activity for which the exemption is being sought

c) a description of the source of sound for which the exemption is being sought

d) the dates and period of time for which the exemption is being sought

42 The Council of the Town of Arnprior may by by-bylaw grant the exemption applied for or any exemption of lesser effect or refuse to grant an exemption Any exemption granted shall specify the time period during which it is effective and may contain such terms and conditions as the Council sees fit

43 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

Noise Control By-law

44 Breach by the applicant of any of the terms or conditions of any exemption granted by Council shall render the exemption null and void

5 Exemption ndash Municipal Construction Projects 51 That the Director of Public Works is delegated the authority to grant an

exemption to any section of this by-law provided it relates to a Town of Arnprior construction project repair or activity subject to the following conditions

a) That each individual request be reviewed by the Director of Public Works

prior to any work taking place during the requested hours to determine if the request is justified

b) That construction communication notices be sent to all members of Council as well as surrounding residents and business owners within a 200 meter radius of the area where the municipal construction activity is occurring advising them of the impending work at least two (2) calendar days prior to the works being undertaken

c) That the construction communication notices to residents and business owners include contact information for the contractor

d) That the Director of Public Works monitor and investigate any complaints regarding construction noise

e) That the applicant take measures to minimize any unnecessary noise such as idling of construction vehicles unnecessary revving of engines use of airbrakes and to maintain equipment in good working order (including muffling devices) to minimize noise impacts or other measures as may be prescribed by the Director of Public Works and

f) That no construction takes place on Statutory Holidays

g) That all exemptions be issued in writing bearing the signature of the Director of Public Works or authorized designate

6 Vexatious Complaints

61 Where an officer has determined that a complaint has been filed for a malicious or vexatious reasons or as part of an ongoing pattern of harassment and does not involve a matter of serious health safety or breach of the Noise By-law the officer may cease the investigation and close the file with no further action being taken

Noise Control By-law

7 Severability

71 If a court of competent jurisdiction should declare any section or park of a section of this by-law to be invalid such section of 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 force

8 Penalty

81 Every person who contravenes any of the provisions of this by-law is guilty of an offence and shall upon conviction thereof is liable to a fine exclusive of costs and every such fine is recoverable under in the Provincial Offences Act RSO 1990 cP 33 as amended

82 A person who is convicted of an offence under this by-law is liable for each

day or part of a day that the offence continues to a minimum fine of $25000 and a maximum fine of $1000000 and the total of all of the daily fines for the offence is $10000000 as provided for in subsection 429(3)2 of the Municipal Act 2001 S0 2001 c25 as amended

9 Repeal

91 That By-law No 5974-11 and any other by-laws resolutions or parts of by-

laws or resolutions inconsistent with the provisions contained in this by-law are hereby repealed

10 Enactment 101 This by-law shall come into full force and take effect upon the passing thereof Enacted and Passed this day of 2017 ___________________________ __________________________ Mayor Clerk

Noise Control By-law

Appendix A ndash Quiet Zone

Noise Control By-law

Schedule 1 ndash Nuisance Noise Prohibited

1 Allowing the persistent barking calling whining or other similar persistent noise-

making by any domestic pet or any other animal kept or used for any purpose other than agriculture

2 The racing of any motorized conveyance other than in a racing event regulated by law

3 The revving of a motor vehicle engine or the squealing of tires as a result of the operation of a motor vehicle

4 The operation of a motor vehicle motorized equipment construction equipment or pneumatic device without an exhaust muffling device in good working order

5 The operation of a motor vehicle or a motor vehicle with a trailer resulting in banging clanking squealing or other like sound due to improperly secured load or equipment or inadequate maintenance

6 The operation of a motor vehicle horn or other warning device except where

required or authorized by law or in accordance with good safety practices

7 The use of engine air brakes or lsquojackrsquo brakes

8 Unauthorized setting off of fireworks

Noise Control By-law

Schedule 2 ndash Prohibited Noise by Time and Place

Prohibited Times

Type of Noise Quiet Zone Residential

1 The operation of any electronic devices or group of connected electronic devices incorporating one or more loud speakers or other electromechanically transducers and intended for the production reproduction or amplification of sound

At All Times

900 ndash 700 am (900 Sundays)

1100 pm ndash 700 am

2 The operation of any auditory signaling device including but not limited to the ringing of bells or gongs and the 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

At All Times

900 ndash 700 am (900 Sundays)

All day Sundays and Statutory Holidays

1100 pm ndash 700 am

3 Yelling shouting hooting whistling or singing

At All Times 900 ndash 700 am

1100 pm ndash 700 am

4 All selling or advertising by shouting or outcry of amplified sound

At All Times 900 ndash 700 am

All day Sundays and Statutory Holidays

4 Loading unloading delivering packing unpacking or otherwise handling any containers products materials or refuse whatsoever unless necessary for the maintenance of essential services or the moving of private household effects

900 ndash 700 am All day Sundays and Statutory Holidays

1100 pm ndash 700 am

Statutory Holidays

900 ndash 700 am All day Sundays and Statutory Holidays

1100 pm ndash 700 am

Statutory Holidays

5 The operation of any activity or equipment in connection with construction or demolition save and except pursuant to Section 4 or where the Director of Public Works has granted an exemption pursuant to Section 5

900 ndash 700 am All day Sundays and Statutory Holidays

1100 pm ndash 700 am

Statutory Holidays

900 pm ndash 700 am

All day Sundays and Statutory Holidays

1100 pm ndash 700 am

Statutory Holidays

Noise Control By-law

Prohibited Times

Type of Noise Quiet Zone Residential

6 The operation of any activity or equipment in connection with the removal of dust and other debris from private parking lots abutting or sharing a property line with residential properties

1100 pm ndash 700 am

Statutory Holidays

1100 pm ndash 700 am

Statutory Holidays

Noise Control By-law

Schedule 3 ndash Exempted Noise

1 The use of bells or chimes normally associated with church activities

2 Parades authorized by the Town of Arnprior

3 Any special event held by the Town of Arnprior

4 Any fireworks displays authorized or permitted by the Town and in compliance with all applicable legislation including the Fireworks By-law

5 All activities associated with the Arnprior Fair

6 Sporting recreational and entertainment events in public parks or town buildings authorized by the Town of Arnprior

7 Musical and other performances in public parks or town buildings authorized by the Town of Arnprior

8 Special neighbourhood social activities on streets or other public land authorized by the Town of Arnprior

9 Aviation activities at the Arnprior Airport

10 Snow clearing road maintenance infrastructure repairs and road construction vehicles and equipment operated by the Town of Arnprior or its agents andor contractors

11 Any snow removal activities which are essential for the effective operation of a business

12 Sound emanating from the Fire Hall alarm or the sirens of any emergency vehicle equipment or activities while engaged in providing emergency work or responding to an emergency or during testing of the emergency warning siren

13 Any reasonable noise resulting from the operation of a business activity provided that such noise is part of the normal operation of the business and provided that the business is operating in compliance with the Townrsquos Zoning By-laws and all other applicable by-laws

Page 4: ARNPRIORarnprior.ca/wp-system/uploads/2013/12/Council... · 11/09/2017  · • August 30,2017 - County of Renfrew Council Meeting 14. Correspondence & Petitions a) Correspondence

Minutes of Regular Council Meeting

b) Vimy Oak Donation - Environmental Engineering Officer Resolution No 316-17 Moved by Dan Lynch Seconded by Walter Stack That Council approve the location to plant an English Vi my Oak donated to the Town by the County of Renfrew at Planting Location 1 B and

That Council approve the placement of a commemorative plaque near the Vimy Oak Report and Resolution CARRIED

The Environmental Engineering Officer provided an overview of the report and responded to questions

c) Insurance Renewal- General Manager of Client ServiceslTreasurer Resolution No 317-17 Moved by Frank Dugal Seconded by Ted Strike That Council approve a one-year extension for the provision of municipal general insurance and risk management services from January 1 2018 to December 31 2019 to Frank Cowan Company I JP Mulvihill amp Son General Insurance Brokers and

That the CAO is authorized in consultation with the Town Solicitor to finalize any required documentation to implement the extension for the provision of municipal general insurance and risk management services as set out herein and

That the General Manager of Client ServiceslTreasurer is directed to include the final annual premiums once determined in the Draft 2018 Operating Budget

Report and Resolution CARRIED

The General Manager of Client ServiceslTreasurer provided an overview of the report and responded to questions

11 Committee Reports and Minutes a) Corporate Services Advisory Committee Meeting Minutes - May 12017 Resolution No 318-17 Moved by Dan Lynch Seconded by Walter Stack That the minutes of the May 1 2017 Corporate Services AdviSOry Committee be received as information

Resolution CARRIED

12 Notice of Motions None

Page 4

Minutes of Regular Council Meeting

13 Reeves Report from County Council Reeve Walter Stack provided information from the following County of Renfrew meeting(s) filing the information in the Clerks Office for public information

bull August 302017 - County of Renfrew Council Meeting

14 Correspondence amp Petitions a) Correspondence Package No 1-17-SEPT -15 Resolution No 319-17 Moved by Frank Dugal Seconded by Ted Strike That the Correspondence Package No 1-17-SEPT-15 be received as information and filed accordingly

Resolution CARRIED

Mayor David Reid noted the following

bull Item 2 - Page 3-31 - Correspondence from LArche Arnprior - Invitation to the Annual General Meeting

o Mayor Reid acknowledged LArche for all of the fantastic work they do in our community

15 Bylaws Resolutions a) By-laws Resolution No 320-17 Moved by Tom Burnette Seconded by Dan Lynch That the following by-laws be and are hereby enacted and passed

i) By-law No 6748-17 - Exemption to Noise By-law (Daniel Street Watermain) ii) By-law No 6749-17 - CIP Agreement 83 John Street North iii) By-law No 6750-17 - WaiveSuspend Licencing Requirements - Special Event Vendor iv) By-law No 6751-17 - Pre-Approve 2018 Capital Funding LED Lighting Upgrades

Resolution CARRIED

b) Resolutions i) Support of Double Hatter Resolution No 321-17 Moved by Tom Burnette Seconded by Dan Lynch Whereas the International Association of Fire Firefighters (IAFF) constitution prohibits career firefighters from working part-time as a volunteer in another fire department and

Whereas many Ontario municipalities including the Town of Arnprior rely on career firefighters and volunteer firefighters in order to provide fire protection and

Whereas there are double hatters firefighters who work full-time in one community and volunteer for a nominal fee on their time off for the Arnprior Fire Department and

Page 5

Minutes of Regular Council Meeting

Whereas like many municipalities the Town of Arnprior benefits immensely from the extensive training and expertise double hatters bring to Arnpriors volunteer fire department and

Whereas several volunteer firefighters in the province have been charged and some have been convicted by an Ontario Professional Fire Fighters Association (OPFFA) jury for their volunteer firefighting efforts in their own town and

Whereas the right of individuals to use their free time in service of their community is a fundamental right in a free open and democratic society

Therefore Be It Resolved That the Council of the Corporation of the Town of Arnprior strongly encourages the Province of Ontario to revise legislation in regards to their position on double hatters and

Further Be It Resolved That the Council of the Corporation of the Town of Arnprior contribute a $100000 donation through wwwgofundmecom (Support our Local Two Hatters) in support of double hatters and

Further Be It Resolved That this resolution be circulated to the Honourable Kathleen Wynne Premier of Ontario The Honourable Marie-France Lalonde Minister of Community Safety and Correctional Services John Yakabuski MPP Renfrew-NipissingshyPembroke the Association of Municipalities of Ontario (AMO) and all municipalities in the County of Renfrew

Resolution CARRIED

16 Announcements Councillor Dan Lynch announced the following

bull Videoflicks will be closing at the end of the month We wish the owner all of the best in his retirement

bull The Arnprior Airport hosted a Canadian Owners and Pilots Association (COPA) fly-day for Kids on Saturday September 9 2017 which was a success

bull Doctors and Dining Duel is being held at the Nick Smith Centre on Friday September 15 2017 at 530 pm Tickets are $4500 each All of the proceeds are in support of Arnprior amp Area Physician Recruitment

bull Arnprior Night at the Races will be held on Thursday September 212017 at 600 pm at the Rideau Carleton Raceway Tickets are $30 (including tax) Your ticket also includes a $5 Play voucher Race Program Reserved Seating and Valet Parking

bull Music Trivia Night is being held on Thursday September 21 2017 at the Greenside Tavern All proceeds supporting CIBC run for the Cure for the Canadian cancer society

Mayor David Reid announced the following

bull The Ottawa Valley Community Connection is holding a fundraising dancemusic night at the Greenside Tavern on Friday October 62017 Tickets are $1000 each

Page 6

Minutes of Regular Council Meeting

17 Media Questions None

18 Closed Session None

19 Confirmatory By-Law Resolution No 322-17 Moved by Frank Dugal Seconded by Ted Strike That By-law No 6752-17 being a By-law to confirm the proceedings of the Regular Meeting of Council held on September 11 2017 and it is hereby enacted and passed

Resolution CARRIED

20 Adjournment Resolution No 323-17 Moved by Tom Burnette Seconded by Dan Lynch That this meeting of Council be adjourned at 754 pm

Resolution CARRIED

David Reid Mayor Maureen Spratt Town Clerk

Page 7

1

Maureen Spratt Town Clerk

Draft Noise By-law

Regular Meeting of Council ndash Sept 11 2017

Background

bull Municipal Noise By-Laws are reflective ofan initiative by the Ministry of Environmentin the early 70rsquos when noise was declareda contaminant under the EnvironmentalProtection Act (EPA)

bull In 1975 the EPA was amended to allowmunicipalities to implement noise controlby-laws

2

Appendix A

2

Background

bull In January of 2003 Section 129 of theMunicipal Act replaced s178 of the EPAgiving local municipalities authority toldquoprohibit and regulaterdquo without therequirement for the Minister of theEnvironment to approve the by-law

bull The Town of Arnpriorrsquos Noise By-law wasfirst passed in 1979 (3127-79)

3

Background

bull Reviewed and Updated in 2011 (5974-11)ndash Formatting and grammatical changes

ndash Minor changes to definitions

ndash The addition of ldquothe use of engine air or jackbrakesrdquo as a prohibited

ndash Reference fines pursuant to the ProvincialOffences Act

4

3

Background

bull 2011 By-law reviewed by CorporateServices Advisory Committee in 2015ndash Feedback incorporated into draft by-law

bull Revisions to Noise By-law since 2011ndash Temporary exemptions

bull Arnprior Stampede

bull Construction

bull East Side MariorsquosDanny Macrsquos

5

What is Noisebull Definition varies in municipalities

ndash unwanted soundndash sound that is of such a volume or nature that

is likely to disturb the inhabitants

bull Generally noise means a sound that is ofsuch a volume or nature that does or maydisturb the quiet peace enjoyment orcomfort of people who are in the vicinity

6

4

Municipal Noise By-laws

bull Typically include prohibitions on certaintypes of noisendash ex operating loud machinery shouting

barking

ndash at specified times (ex After 11pm or all thetime)

ndash in prohibited areas (ex Residential)

7

Proposed Changes

bull Proposed changes in the draft by-lawndash Deletions are reflected in strikethrough text

ndash Additions are reflected in underlined text

bull Highlights includendash Changes andor additions to Definitions

ndash Simplifying exemptions by Council

ndash Addition of vexatious complaints

8

5

Proposed Changes bull Addition of Schedules

ndash Schedule 1 ndash Prohibited Noisebull Motor vehicle ndash banging clanking squealing

bull Unauthorized fireworks

ndash Schedule 2 ndash Prohibited Noise by Time andPlace

bull Change from 9pm-7am to 11pm to 7am

bull Deleted all selling or advertising by shoutinghellip

bull Added operation of activity or equipment inconnection with removal of debris private parkinglots

9

Proposed Changes

ndash Schedule 3 ndash Exempted noisebull Minor amendments to existing exemptions

bull Aviation activities

bull Snowsweeping activities essential for theoperation of a business

bull Fire alarms etc

bull Reasonable noise from a business activityprovided that the business is operating incompliance with the Townrsquos Zoning By-law

10

6

Next Steps

bull Draft By-law provided to Council forfeedback

bull Provide notice of Draft By-law to Public

bull Obtain feedback from Public

bull By-law for consideration to Council

11

Questions

12

The Corporation of the Town of Arnprior

By-law Number xxxx-17

Being a By-law to Control Noise

Whereas the making creation or maintenance of excessive unreasonable or nuisance noise within The Corporation of the Town of Arnprior affects and is a detriment to public health comfort convenience safety and welfare of the people of the municipality and

Whereas it is in the public interest to reduce the noise level within the municipality so as to preserve protect and promote the public health safety welfare and peace and quiet of the inhabitants thereof and

Whereas the Municipal Act 2001 SO 2001 C25 s 129 as amended authorizes Municipal Councils to pass by-laws to prohibit and regulate noise

Now Therefore the Council of the Corporation of the Town of Arnprior hereby enacts as follows

1 Definitions

In this By-Law

11 ldquoChief Administrative Officerrdquo means the person appointed as the Chief Administrative Officer of the Town within the meaning of the Municipal Act 2001

12 lsquoChief Building Officialrsquo means the person appointed as the Chief Building Official of the Town within the meaning of the Building Code Act 50 1992 c 23 as amended

13 lsquoclearly audiblersquo means a noise level that a reasonable person would consider to be excessive or unnecessary or intrusive or disturbing or unacceptable

14 lsquoconstructionrsquo includes but is not limited to erection alteration repair dismantling demolition structural maintenance painting moving land clearing earth moving grading excavating the laying of pipe and conduit whether above or below ground level street and highway building the manufacturing of material used for highway construction concreting equipment installation and alteration and the structural installation of

tdavis
Typewritten Text
tdavis
Typewritten Text
tdavis
Typewritten Text
Appendix A

Noise Control By-law

construction components and materials in any form or for any purpose and includes any work in connection therewith

15 lsquoconstruction equipmentrsquo means any equipment device or motorized

conveyance designed and intended for use in construction or material handling including but not limited to hand tools power tools air compressors pile drives pneumatic or hydraulic tools bulldozers tractors excavators trenchers cranes derricks loaders scrapers pavers generations off-highway haulers or trucks ditchers compactors and rollers pumps concrete mixers graders or material handling equipment

16 lsquoconveyancersquo includes a vehicle and any other device employed to transport a

person or persons or goods from place to place but does not include any such device or vehicle if operated only within the premises of a person

17 lsquoCouncilrsquo means the Council of the Corporation of the Town of Arnprior 18 lsquoDirector of Public Worksrsquo means the person appointed by Council as

Director of Public Works for the Town 19 lsquoFire Chiefrsquo means the person appointed as the Fire Chief of the Town within

the meaning of the Fire Protection and Prevention Act SO 1997 c4 as amended

110 lsquohighwayrsquo includes a common and public highway street avenue parkway

driveway square place bridge viaduct or trestle designed and intended for or used by the general public for the passage of vehicles

111 lsquoinhabitantsrsquo means one or more persons who reside in the Town of Arnprior 112 lsquomotor vehiclersquo includes an automobile motorcycle and any other vehicle

propelled or driven otherwise than by muscular power but does not include the cars of electric or steam railways or other motor vehicles running only upon rails or a motorized snow vehicle traction engine farm tractor self-propelled implement of husbandry or road-building machine within the meaning of The Highway Traffic Act

113 lsquomotorized conveyancersquo means a conveyance propelled or driven otherwise

than by muscular gravitational or wind power 114 lsquomunicipalityrsquo means the land within the geographic limit of the Town of

Arnprior

Noise Control By-law

115 lsquonuisance noisersquo means any loud unnecessary unusual or unreasonable

sound or vibration which annoys disturbs injures endangers or distracts from the comfort repose health peace andor safety of any reasonable person as determined by an officer

116 lsquoofficerrsquo means any member of the Ontario Provincial Police force and any

other police force police constable or By-law Enforcement Officer designated officer or other person appointed and employed by the Town of Arnprior for preservation and maintenance of public peace

117 lsquopersonrsquo means any individual and includes firm partnership association

corporation company or groups of persons 118 lsquopoint of receptionrsquo means any point on the premises of a person where

sound or vibration originating from other than those premises is received 119 lsquopremises means a building or structure or part of a build or structure the

lands appurtenant to the building or structure all mobile homes mobile buildings or mobile structures and includes vacant land

120 lsquoResidential Arearsquo means those areas of the Municipality specified as follows

those areas of the municipality zoned for residential use in any by-law in force from time to time passed pursuant to Section 34 of The Planning Act RSO 1990 Chapter P13 or any predecessor or successor of that Section

121 lsquoTown of Arnpriorrsquo means the Corporation of the Town of Arnprior

122 lsquoQuiet Zonersquo means the area and block municipally known as the Arnprior and District Memorial Hospital (Arnprior Regional Health) and illustrated in Appendix lsquoArdquo attached hereto

2 Regulations

21 No person shall emit or cause or permit to be caused any nuisance noise clearly audible at a point of reception listed in ldquoSchedule 1 ndash Prohibited Noiserdquo

22 No person shall cause or permit to be caused any nuisance noise audible at a

point of reception listed in ldquoSchedule 2 ndash Prohibited Noiserdquo by Time and Place where the noise occurs during the prohibited times specified in the schedule

23 Notwithstanding any other provision in this by-law a person may cause or

permit to be caused any nuisance noise audible at a point of reception provided the noise is in connection with any of the activities listed in ldquoSchedule 3 ndash Exempted Noiserdquo

Noise Control By-law

24 Notwithstanding any other provisions in this bylaw a person may cause or permit to be caused any nuisance noise audible at a point of reception in connection with a legitimate emergency for the protection of the immediate health safety or welfare of the inhabitants of the Town or for the preservation or protection of property or any Town infrastructure and critical Town services as may be determined by the Director of Public Works the Fire Chief the Chief Building Official the Chief Administrative Officer or an Officer

3 Nuisance Noise Prohibited At Any Time

31 No person shall cause or permit any nuisance noise which is clearly audible at the point of reception

4 Exemptions by Council

41 Notwithstanding anything contained in this by-law any person may no later than sixty (60) days prior to the date of which an exemption may be requested make a request to Council application in writing to be granted an exemption for 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 exemption 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 and any such request for exemption shall contain the following

a) the name and address of the applicant

b) the location of the event or activity for which the exemption is being sought

c) a description of the source of sound for which the exemption is being sought

d) the dates and period of time for which the exemption is being sought

42 The Council of the Town of Arnprior may by by-bylaw grant the exemption applied for or any exemption of lesser effect or refuse to grant an exemption Any exemption granted shall specify the time period during which it is effective and may contain such terms and conditions as the Council sees fit

43 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

Noise Control By-law

44 Breach by the applicant of any of the terms or conditions of any exemption granted by Council shall render the exemption null and void

5 Exemption ndash Municipal Construction Projects 51 That the Director of Public Works is delegated the authority to grant an

exemption to any section of this by-law provided it relates to a Town of Arnprior construction project repair or activity subject to the following conditions

a) That each individual request be reviewed by the Director of Public Works

prior to any work taking place during the requested hours to determine if the request is justified

b) That construction communication notices be sent to all members of Council as well as surrounding residents and business owners within a 200 meter radius of the area where the municipal construction activity is occurring advising them of the impending work at least two (2) calendar days prior to the works being undertaken

c) That the construction communication notices to residents and business owners include contact information for the contractor

d) That the Director of Public Works monitor and investigate any complaints regarding construction noise

e) That the applicant take measures to minimize any unnecessary noise such as idling of construction vehicles unnecessary revving of engines use of airbrakes and to maintain equipment in good working order (including muffling devices) to minimize noise impacts or other measures as may be prescribed by the Director of Public Works and

f) That no construction takes place on Statutory Holidays

g) That all exemptions be issued in writing bearing the signature of the Director of Public Works or authorized designate

6 Vexatious Complaints

61 Where an officer has determined that a complaint has been filed for a malicious or vexatious reasons or as part of an ongoing pattern of harassment and does not involve a matter of serious health safety or breach of the Noise By-law the officer may cease the investigation and close the file with no further action being taken

Noise Control By-law

7 Severability

71 If a court of competent jurisdiction should declare any section or park of a section of this by-law to be invalid such section of 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 force

8 Penalty

81 Every person who contravenes any of the provisions of this by-law is guilty of an offence and shall upon conviction thereof is liable to a fine exclusive of costs and every such fine is recoverable under in the Provincial Offences Act RSO 1990 cP 33 as amended

82 A person who is convicted of an offence under this by-law is liable for each

day or part of a day that the offence continues to a minimum fine of $25000 and a maximum fine of $1000000 and the total of all of the daily fines for the offence is $10000000 as provided for in subsection 429(3)2 of the Municipal Act 2001 S0 2001 c25 as amended

9 Repeal

91 That By-law No 5974-11 and any other by-laws resolutions or parts of by-

laws or resolutions inconsistent with the provisions contained in this by-law are hereby repealed

10 Enactment 101 This by-law shall come into full force and take effect upon the passing thereof Enacted and Passed this day of 2017 ___________________________ __________________________ Mayor Clerk

Noise Control By-law

Appendix A ndash Quiet Zone

Noise Control By-law

Schedule 1 ndash Nuisance Noise Prohibited

1 Allowing the persistent barking calling whining or other similar persistent noise-

making by any domestic pet or any other animal kept or used for any purpose other than agriculture

2 The racing of any motorized conveyance other than in a racing event regulated by law

3 The revving of a motor vehicle engine or the squealing of tires as a result of the operation of a motor vehicle

4 The operation of a motor vehicle motorized equipment construction equipment or pneumatic device without an exhaust muffling device in good working order

5 The operation of a motor vehicle or a motor vehicle with a trailer resulting in banging clanking squealing or other like sound due to improperly secured load or equipment or inadequate maintenance

6 The operation of a motor vehicle horn or other warning device except where

required or authorized by law or in accordance with good safety practices

7 The use of engine air brakes or lsquojackrsquo brakes

8 Unauthorized setting off of fireworks

Noise Control By-law

Schedule 2 ndash Prohibited Noise by Time and Place

Prohibited Times

Type of Noise Quiet Zone Residential

1 The operation of any electronic devices or group of connected electronic devices incorporating one or more loud speakers or other electromechanically transducers and intended for the production reproduction or amplification of sound

At All Times

900 ndash 700 am (900 Sundays)

1100 pm ndash 700 am

2 The operation of any auditory signaling device including but not limited to the ringing of bells or gongs and the 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

At All Times

900 ndash 700 am (900 Sundays)

All day Sundays and Statutory Holidays

1100 pm ndash 700 am

3 Yelling shouting hooting whistling or singing

At All Times 900 ndash 700 am

1100 pm ndash 700 am

4 All selling or advertising by shouting or outcry of amplified sound

At All Times 900 ndash 700 am

All day Sundays and Statutory Holidays

4 Loading unloading delivering packing unpacking or otherwise handling any containers products materials or refuse whatsoever unless necessary for the maintenance of essential services or the moving of private household effects

900 ndash 700 am All day Sundays and Statutory Holidays

1100 pm ndash 700 am

Statutory Holidays

900 ndash 700 am All day Sundays and Statutory Holidays

1100 pm ndash 700 am

Statutory Holidays

5 The operation of any activity or equipment in connection with construction or demolition save and except pursuant to Section 4 or where the Director of Public Works has granted an exemption pursuant to Section 5

900 ndash 700 am All day Sundays and Statutory Holidays

1100 pm ndash 700 am

Statutory Holidays

900 pm ndash 700 am

All day Sundays and Statutory Holidays

1100 pm ndash 700 am

Statutory Holidays

Noise Control By-law

Prohibited Times

Type of Noise Quiet Zone Residential

6 The operation of any activity or equipment in connection with the removal of dust and other debris from private parking lots abutting or sharing a property line with residential properties

1100 pm ndash 700 am

Statutory Holidays

1100 pm ndash 700 am

Statutory Holidays

Noise Control By-law

Schedule 3 ndash Exempted Noise

1 The use of bells or chimes normally associated with church activities

2 Parades authorized by the Town of Arnprior

3 Any special event held by the Town of Arnprior

4 Any fireworks displays authorized or permitted by the Town and in compliance with all applicable legislation including the Fireworks By-law

5 All activities associated with the Arnprior Fair

6 Sporting recreational and entertainment events in public parks or town buildings authorized by the Town of Arnprior

7 Musical and other performances in public parks or town buildings authorized by the Town of Arnprior

8 Special neighbourhood social activities on streets or other public land authorized by the Town of Arnprior

9 Aviation activities at the Arnprior Airport

10 Snow clearing road maintenance infrastructure repairs and road construction vehicles and equipment operated by the Town of Arnprior or its agents andor contractors

11 Any snow removal activities which are essential for the effective operation of a business

12 Sound emanating from the Fire Hall alarm or the sirens of any emergency vehicle equipment or activities while engaged in providing emergency work or responding to an emergency or during testing of the emergency warning siren

13 Any reasonable noise resulting from the operation of a business activity provided that such noise is part of the normal operation of the business and provided that the business is operating in compliance with the Townrsquos Zoning By-laws and all other applicable by-laws

Page 5: ARNPRIORarnprior.ca/wp-system/uploads/2013/12/Council... · 11/09/2017  · • August 30,2017 - County of Renfrew Council Meeting 14. Correspondence & Petitions a) Correspondence

Minutes of Regular Council Meeting

13 Reeves Report from County Council Reeve Walter Stack provided information from the following County of Renfrew meeting(s) filing the information in the Clerks Office for public information

bull August 302017 - County of Renfrew Council Meeting

14 Correspondence amp Petitions a) Correspondence Package No 1-17-SEPT -15 Resolution No 319-17 Moved by Frank Dugal Seconded by Ted Strike That the Correspondence Package No 1-17-SEPT-15 be received as information and filed accordingly

Resolution CARRIED

Mayor David Reid noted the following

bull Item 2 - Page 3-31 - Correspondence from LArche Arnprior - Invitation to the Annual General Meeting

o Mayor Reid acknowledged LArche for all of the fantastic work they do in our community

15 Bylaws Resolutions a) By-laws Resolution No 320-17 Moved by Tom Burnette Seconded by Dan Lynch That the following by-laws be and are hereby enacted and passed

i) By-law No 6748-17 - Exemption to Noise By-law (Daniel Street Watermain) ii) By-law No 6749-17 - CIP Agreement 83 John Street North iii) By-law No 6750-17 - WaiveSuspend Licencing Requirements - Special Event Vendor iv) By-law No 6751-17 - Pre-Approve 2018 Capital Funding LED Lighting Upgrades

Resolution CARRIED

b) Resolutions i) Support of Double Hatter Resolution No 321-17 Moved by Tom Burnette Seconded by Dan Lynch Whereas the International Association of Fire Firefighters (IAFF) constitution prohibits career firefighters from working part-time as a volunteer in another fire department and

Whereas many Ontario municipalities including the Town of Arnprior rely on career firefighters and volunteer firefighters in order to provide fire protection and

Whereas there are double hatters firefighters who work full-time in one community and volunteer for a nominal fee on their time off for the Arnprior Fire Department and

Page 5

Minutes of Regular Council Meeting

Whereas like many municipalities the Town of Arnprior benefits immensely from the extensive training and expertise double hatters bring to Arnpriors volunteer fire department and

Whereas several volunteer firefighters in the province have been charged and some have been convicted by an Ontario Professional Fire Fighters Association (OPFFA) jury for their volunteer firefighting efforts in their own town and

Whereas the right of individuals to use their free time in service of their community is a fundamental right in a free open and democratic society

Therefore Be It Resolved That the Council of the Corporation of the Town of Arnprior strongly encourages the Province of Ontario to revise legislation in regards to their position on double hatters and

Further Be It Resolved That the Council of the Corporation of the Town of Arnprior contribute a $100000 donation through wwwgofundmecom (Support our Local Two Hatters) in support of double hatters and

Further Be It Resolved That this resolution be circulated to the Honourable Kathleen Wynne Premier of Ontario The Honourable Marie-France Lalonde Minister of Community Safety and Correctional Services John Yakabuski MPP Renfrew-NipissingshyPembroke the Association of Municipalities of Ontario (AMO) and all municipalities in the County of Renfrew

Resolution CARRIED

16 Announcements Councillor Dan Lynch announced the following

bull Videoflicks will be closing at the end of the month We wish the owner all of the best in his retirement

bull The Arnprior Airport hosted a Canadian Owners and Pilots Association (COPA) fly-day for Kids on Saturday September 9 2017 which was a success

bull Doctors and Dining Duel is being held at the Nick Smith Centre on Friday September 15 2017 at 530 pm Tickets are $4500 each All of the proceeds are in support of Arnprior amp Area Physician Recruitment

bull Arnprior Night at the Races will be held on Thursday September 212017 at 600 pm at the Rideau Carleton Raceway Tickets are $30 (including tax) Your ticket also includes a $5 Play voucher Race Program Reserved Seating and Valet Parking

bull Music Trivia Night is being held on Thursday September 21 2017 at the Greenside Tavern All proceeds supporting CIBC run for the Cure for the Canadian cancer society

Mayor David Reid announced the following

bull The Ottawa Valley Community Connection is holding a fundraising dancemusic night at the Greenside Tavern on Friday October 62017 Tickets are $1000 each

Page 6

Minutes of Regular Council Meeting

17 Media Questions None

18 Closed Session None

19 Confirmatory By-Law Resolution No 322-17 Moved by Frank Dugal Seconded by Ted Strike That By-law No 6752-17 being a By-law to confirm the proceedings of the Regular Meeting of Council held on September 11 2017 and it is hereby enacted and passed

Resolution CARRIED

20 Adjournment Resolution No 323-17 Moved by Tom Burnette Seconded by Dan Lynch That this meeting of Council be adjourned at 754 pm

Resolution CARRIED

David Reid Mayor Maureen Spratt Town Clerk

Page 7

1

Maureen Spratt Town Clerk

Draft Noise By-law

Regular Meeting of Council ndash Sept 11 2017

Background

bull Municipal Noise By-Laws are reflective ofan initiative by the Ministry of Environmentin the early 70rsquos when noise was declareda contaminant under the EnvironmentalProtection Act (EPA)

bull In 1975 the EPA was amended to allowmunicipalities to implement noise controlby-laws

2

Appendix A

2

Background

bull In January of 2003 Section 129 of theMunicipal Act replaced s178 of the EPAgiving local municipalities authority toldquoprohibit and regulaterdquo without therequirement for the Minister of theEnvironment to approve the by-law

bull The Town of Arnpriorrsquos Noise By-law wasfirst passed in 1979 (3127-79)

3

Background

bull Reviewed and Updated in 2011 (5974-11)ndash Formatting and grammatical changes

ndash Minor changes to definitions

ndash The addition of ldquothe use of engine air or jackbrakesrdquo as a prohibited

ndash Reference fines pursuant to the ProvincialOffences Act

4

3

Background

bull 2011 By-law reviewed by CorporateServices Advisory Committee in 2015ndash Feedback incorporated into draft by-law

bull Revisions to Noise By-law since 2011ndash Temporary exemptions

bull Arnprior Stampede

bull Construction

bull East Side MariorsquosDanny Macrsquos

5

What is Noisebull Definition varies in municipalities

ndash unwanted soundndash sound that is of such a volume or nature that

is likely to disturb the inhabitants

bull Generally noise means a sound that is ofsuch a volume or nature that does or maydisturb the quiet peace enjoyment orcomfort of people who are in the vicinity

6

4

Municipal Noise By-laws

bull Typically include prohibitions on certaintypes of noisendash ex operating loud machinery shouting

barking

ndash at specified times (ex After 11pm or all thetime)

ndash in prohibited areas (ex Residential)

7

Proposed Changes

bull Proposed changes in the draft by-lawndash Deletions are reflected in strikethrough text

ndash Additions are reflected in underlined text

bull Highlights includendash Changes andor additions to Definitions

ndash Simplifying exemptions by Council

ndash Addition of vexatious complaints

8

5

Proposed Changes bull Addition of Schedules

ndash Schedule 1 ndash Prohibited Noisebull Motor vehicle ndash banging clanking squealing

bull Unauthorized fireworks

ndash Schedule 2 ndash Prohibited Noise by Time andPlace

bull Change from 9pm-7am to 11pm to 7am

bull Deleted all selling or advertising by shoutinghellip

bull Added operation of activity or equipment inconnection with removal of debris private parkinglots

9

Proposed Changes

ndash Schedule 3 ndash Exempted noisebull Minor amendments to existing exemptions

bull Aviation activities

bull Snowsweeping activities essential for theoperation of a business

bull Fire alarms etc

bull Reasonable noise from a business activityprovided that the business is operating incompliance with the Townrsquos Zoning By-law

10

6

Next Steps

bull Draft By-law provided to Council forfeedback

bull Provide notice of Draft By-law to Public

bull Obtain feedback from Public

bull By-law for consideration to Council

11

Questions

12

The Corporation of the Town of Arnprior

By-law Number xxxx-17

Being a By-law to Control Noise

Whereas the making creation or maintenance of excessive unreasonable or nuisance noise within The Corporation of the Town of Arnprior affects and is a detriment to public health comfort convenience safety and welfare of the people of the municipality and

Whereas it is in the public interest to reduce the noise level within the municipality so as to preserve protect and promote the public health safety welfare and peace and quiet of the inhabitants thereof and

Whereas the Municipal Act 2001 SO 2001 C25 s 129 as amended authorizes Municipal Councils to pass by-laws to prohibit and regulate noise

Now Therefore the Council of the Corporation of the Town of Arnprior hereby enacts as follows

1 Definitions

In this By-Law

11 ldquoChief Administrative Officerrdquo means the person appointed as the Chief Administrative Officer of the Town within the meaning of the Municipal Act 2001

12 lsquoChief Building Officialrsquo means the person appointed as the Chief Building Official of the Town within the meaning of the Building Code Act 50 1992 c 23 as amended

13 lsquoclearly audiblersquo means a noise level that a reasonable person would consider to be excessive or unnecessary or intrusive or disturbing or unacceptable

14 lsquoconstructionrsquo includes but is not limited to erection alteration repair dismantling demolition structural maintenance painting moving land clearing earth moving grading excavating the laying of pipe and conduit whether above or below ground level street and highway building the manufacturing of material used for highway construction concreting equipment installation and alteration and the structural installation of

tdavis
Typewritten Text
tdavis
Typewritten Text
tdavis
Typewritten Text
Appendix A

Noise Control By-law

construction components and materials in any form or for any purpose and includes any work in connection therewith

15 lsquoconstruction equipmentrsquo means any equipment device or motorized

conveyance designed and intended for use in construction or material handling including but not limited to hand tools power tools air compressors pile drives pneumatic or hydraulic tools bulldozers tractors excavators trenchers cranes derricks loaders scrapers pavers generations off-highway haulers or trucks ditchers compactors and rollers pumps concrete mixers graders or material handling equipment

16 lsquoconveyancersquo includes a vehicle and any other device employed to transport a

person or persons or goods from place to place but does not include any such device or vehicle if operated only within the premises of a person

17 lsquoCouncilrsquo means the Council of the Corporation of the Town of Arnprior 18 lsquoDirector of Public Worksrsquo means the person appointed by Council as

Director of Public Works for the Town 19 lsquoFire Chiefrsquo means the person appointed as the Fire Chief of the Town within

the meaning of the Fire Protection and Prevention Act SO 1997 c4 as amended

110 lsquohighwayrsquo includes a common and public highway street avenue parkway

driveway square place bridge viaduct or trestle designed and intended for or used by the general public for the passage of vehicles

111 lsquoinhabitantsrsquo means one or more persons who reside in the Town of Arnprior 112 lsquomotor vehiclersquo includes an automobile motorcycle and any other vehicle

propelled or driven otherwise than by muscular power but does not include the cars of electric or steam railways or other motor vehicles running only upon rails or a motorized snow vehicle traction engine farm tractor self-propelled implement of husbandry or road-building machine within the meaning of The Highway Traffic Act

113 lsquomotorized conveyancersquo means a conveyance propelled or driven otherwise

than by muscular gravitational or wind power 114 lsquomunicipalityrsquo means the land within the geographic limit of the Town of

Arnprior

Noise Control By-law

115 lsquonuisance noisersquo means any loud unnecessary unusual or unreasonable

sound or vibration which annoys disturbs injures endangers or distracts from the comfort repose health peace andor safety of any reasonable person as determined by an officer

116 lsquoofficerrsquo means any member of the Ontario Provincial Police force and any

other police force police constable or By-law Enforcement Officer designated officer or other person appointed and employed by the Town of Arnprior for preservation and maintenance of public peace

117 lsquopersonrsquo means any individual and includes firm partnership association

corporation company or groups of persons 118 lsquopoint of receptionrsquo means any point on the premises of a person where

sound or vibration originating from other than those premises is received 119 lsquopremises means a building or structure or part of a build or structure the

lands appurtenant to the building or structure all mobile homes mobile buildings or mobile structures and includes vacant land

120 lsquoResidential Arearsquo means those areas of the Municipality specified as follows

those areas of the municipality zoned for residential use in any by-law in force from time to time passed pursuant to Section 34 of The Planning Act RSO 1990 Chapter P13 or any predecessor or successor of that Section

121 lsquoTown of Arnpriorrsquo means the Corporation of the Town of Arnprior

122 lsquoQuiet Zonersquo means the area and block municipally known as the Arnprior and District Memorial Hospital (Arnprior Regional Health) and illustrated in Appendix lsquoArdquo attached hereto

2 Regulations

21 No person shall emit or cause or permit to be caused any nuisance noise clearly audible at a point of reception listed in ldquoSchedule 1 ndash Prohibited Noiserdquo

22 No person shall cause or permit to be caused any nuisance noise audible at a

point of reception listed in ldquoSchedule 2 ndash Prohibited Noiserdquo by Time and Place where the noise occurs during the prohibited times specified in the schedule

23 Notwithstanding any other provision in this by-law a person may cause or

permit to be caused any nuisance noise audible at a point of reception provided the noise is in connection with any of the activities listed in ldquoSchedule 3 ndash Exempted Noiserdquo

Noise Control By-law

24 Notwithstanding any other provisions in this bylaw a person may cause or permit to be caused any nuisance noise audible at a point of reception in connection with a legitimate emergency for the protection of the immediate health safety or welfare of the inhabitants of the Town or for the preservation or protection of property or any Town infrastructure and critical Town services as may be determined by the Director of Public Works the Fire Chief the Chief Building Official the Chief Administrative Officer or an Officer

3 Nuisance Noise Prohibited At Any Time

31 No person shall cause or permit any nuisance noise which is clearly audible at the point of reception

4 Exemptions by Council

41 Notwithstanding anything contained in this by-law any person may no later than sixty (60) days prior to the date of which an exemption may be requested make a request to Council application in writing to be granted an exemption for 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 exemption 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 and any such request for exemption shall contain the following

a) the name and address of the applicant

b) the location of the event or activity for which the exemption is being sought

c) a description of the source of sound for which the exemption is being sought

d) the dates and period of time for which the exemption is being sought

42 The Council of the Town of Arnprior may by by-bylaw grant the exemption applied for or any exemption of lesser effect or refuse to grant an exemption Any exemption granted shall specify the time period during which it is effective and may contain such terms and conditions as the Council sees fit

43 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

Noise Control By-law

44 Breach by the applicant of any of the terms or conditions of any exemption granted by Council shall render the exemption null and void

5 Exemption ndash Municipal Construction Projects 51 That the Director of Public Works is delegated the authority to grant an

exemption to any section of this by-law provided it relates to a Town of Arnprior construction project repair or activity subject to the following conditions

a) That each individual request be reviewed by the Director of Public Works

prior to any work taking place during the requested hours to determine if the request is justified

b) That construction communication notices be sent to all members of Council as well as surrounding residents and business owners within a 200 meter radius of the area where the municipal construction activity is occurring advising them of the impending work at least two (2) calendar days prior to the works being undertaken

c) That the construction communication notices to residents and business owners include contact information for the contractor

d) That the Director of Public Works monitor and investigate any complaints regarding construction noise

e) That the applicant take measures to minimize any unnecessary noise such as idling of construction vehicles unnecessary revving of engines use of airbrakes and to maintain equipment in good working order (including muffling devices) to minimize noise impacts or other measures as may be prescribed by the Director of Public Works and

f) That no construction takes place on Statutory Holidays

g) That all exemptions be issued in writing bearing the signature of the Director of Public Works or authorized designate

6 Vexatious Complaints

61 Where an officer has determined that a complaint has been filed for a malicious or vexatious reasons or as part of an ongoing pattern of harassment and does not involve a matter of serious health safety or breach of the Noise By-law the officer may cease the investigation and close the file with no further action being taken

Noise Control By-law

7 Severability

71 If a court of competent jurisdiction should declare any section or park of a section of this by-law to be invalid such section of 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 force

8 Penalty

81 Every person who contravenes any of the provisions of this by-law is guilty of an offence and shall upon conviction thereof is liable to a fine exclusive of costs and every such fine is recoverable under in the Provincial Offences Act RSO 1990 cP 33 as amended

82 A person who is convicted of an offence under this by-law is liable for each

day or part of a day that the offence continues to a minimum fine of $25000 and a maximum fine of $1000000 and the total of all of the daily fines for the offence is $10000000 as provided for in subsection 429(3)2 of the Municipal Act 2001 S0 2001 c25 as amended

9 Repeal

91 That By-law No 5974-11 and any other by-laws resolutions or parts of by-

laws or resolutions inconsistent with the provisions contained in this by-law are hereby repealed

10 Enactment 101 This by-law shall come into full force and take effect upon the passing thereof Enacted and Passed this day of 2017 ___________________________ __________________________ Mayor Clerk

Noise Control By-law

Appendix A ndash Quiet Zone

Noise Control By-law

Schedule 1 ndash Nuisance Noise Prohibited

1 Allowing the persistent barking calling whining or other similar persistent noise-

making by any domestic pet or any other animal kept or used for any purpose other than agriculture

2 The racing of any motorized conveyance other than in a racing event regulated by law

3 The revving of a motor vehicle engine or the squealing of tires as a result of the operation of a motor vehicle

4 The operation of a motor vehicle motorized equipment construction equipment or pneumatic device without an exhaust muffling device in good working order

5 The operation of a motor vehicle or a motor vehicle with a trailer resulting in banging clanking squealing or other like sound due to improperly secured load or equipment or inadequate maintenance

6 The operation of a motor vehicle horn or other warning device except where

required or authorized by law or in accordance with good safety practices

7 The use of engine air brakes or lsquojackrsquo brakes

8 Unauthorized setting off of fireworks

Noise Control By-law

Schedule 2 ndash Prohibited Noise by Time and Place

Prohibited Times

Type of Noise Quiet Zone Residential

1 The operation of any electronic devices or group of connected electronic devices incorporating one or more loud speakers or other electromechanically transducers and intended for the production reproduction or amplification of sound

At All Times

900 ndash 700 am (900 Sundays)

1100 pm ndash 700 am

2 The operation of any auditory signaling device including but not limited to the ringing of bells or gongs and the 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

At All Times

900 ndash 700 am (900 Sundays)

All day Sundays and Statutory Holidays

1100 pm ndash 700 am

3 Yelling shouting hooting whistling or singing

At All Times 900 ndash 700 am

1100 pm ndash 700 am

4 All selling or advertising by shouting or outcry of amplified sound

At All Times 900 ndash 700 am

All day Sundays and Statutory Holidays

4 Loading unloading delivering packing unpacking or otherwise handling any containers products materials or refuse whatsoever unless necessary for the maintenance of essential services or the moving of private household effects

900 ndash 700 am All day Sundays and Statutory Holidays

1100 pm ndash 700 am

Statutory Holidays

900 ndash 700 am All day Sundays and Statutory Holidays

1100 pm ndash 700 am

Statutory Holidays

5 The operation of any activity or equipment in connection with construction or demolition save and except pursuant to Section 4 or where the Director of Public Works has granted an exemption pursuant to Section 5

900 ndash 700 am All day Sundays and Statutory Holidays

1100 pm ndash 700 am

Statutory Holidays

900 pm ndash 700 am

All day Sundays and Statutory Holidays

1100 pm ndash 700 am

Statutory Holidays

Noise Control By-law

Prohibited Times

Type of Noise Quiet Zone Residential

6 The operation of any activity or equipment in connection with the removal of dust and other debris from private parking lots abutting or sharing a property line with residential properties

1100 pm ndash 700 am

Statutory Holidays

1100 pm ndash 700 am

Statutory Holidays

Noise Control By-law

Schedule 3 ndash Exempted Noise

1 The use of bells or chimes normally associated with church activities

2 Parades authorized by the Town of Arnprior

3 Any special event held by the Town of Arnprior

4 Any fireworks displays authorized or permitted by the Town and in compliance with all applicable legislation including the Fireworks By-law

5 All activities associated with the Arnprior Fair

6 Sporting recreational and entertainment events in public parks or town buildings authorized by the Town of Arnprior

7 Musical and other performances in public parks or town buildings authorized by the Town of Arnprior

8 Special neighbourhood social activities on streets or other public land authorized by the Town of Arnprior

9 Aviation activities at the Arnprior Airport

10 Snow clearing road maintenance infrastructure repairs and road construction vehicles and equipment operated by the Town of Arnprior or its agents andor contractors

11 Any snow removal activities which are essential for the effective operation of a business

12 Sound emanating from the Fire Hall alarm or the sirens of any emergency vehicle equipment or activities while engaged in providing emergency work or responding to an emergency or during testing of the emergency warning siren

13 Any reasonable noise resulting from the operation of a business activity provided that such noise is part of the normal operation of the business and provided that the business is operating in compliance with the Townrsquos Zoning By-laws and all other applicable by-laws

Page 6: ARNPRIORarnprior.ca/wp-system/uploads/2013/12/Council... · 11/09/2017  · • August 30,2017 - County of Renfrew Council Meeting 14. Correspondence & Petitions a) Correspondence

Minutes of Regular Council Meeting

Whereas like many municipalities the Town of Arnprior benefits immensely from the extensive training and expertise double hatters bring to Arnpriors volunteer fire department and

Whereas several volunteer firefighters in the province have been charged and some have been convicted by an Ontario Professional Fire Fighters Association (OPFFA) jury for their volunteer firefighting efforts in their own town and

Whereas the right of individuals to use their free time in service of their community is a fundamental right in a free open and democratic society

Therefore Be It Resolved That the Council of the Corporation of the Town of Arnprior strongly encourages the Province of Ontario to revise legislation in regards to their position on double hatters and

Further Be It Resolved That the Council of the Corporation of the Town of Arnprior contribute a $100000 donation through wwwgofundmecom (Support our Local Two Hatters) in support of double hatters and

Further Be It Resolved That this resolution be circulated to the Honourable Kathleen Wynne Premier of Ontario The Honourable Marie-France Lalonde Minister of Community Safety and Correctional Services John Yakabuski MPP Renfrew-NipissingshyPembroke the Association of Municipalities of Ontario (AMO) and all municipalities in the County of Renfrew

Resolution CARRIED

16 Announcements Councillor Dan Lynch announced the following

bull Videoflicks will be closing at the end of the month We wish the owner all of the best in his retirement

bull The Arnprior Airport hosted a Canadian Owners and Pilots Association (COPA) fly-day for Kids on Saturday September 9 2017 which was a success

bull Doctors and Dining Duel is being held at the Nick Smith Centre on Friday September 15 2017 at 530 pm Tickets are $4500 each All of the proceeds are in support of Arnprior amp Area Physician Recruitment

bull Arnprior Night at the Races will be held on Thursday September 212017 at 600 pm at the Rideau Carleton Raceway Tickets are $30 (including tax) Your ticket also includes a $5 Play voucher Race Program Reserved Seating and Valet Parking

bull Music Trivia Night is being held on Thursday September 21 2017 at the Greenside Tavern All proceeds supporting CIBC run for the Cure for the Canadian cancer society

Mayor David Reid announced the following

bull The Ottawa Valley Community Connection is holding a fundraising dancemusic night at the Greenside Tavern on Friday October 62017 Tickets are $1000 each

Page 6

Minutes of Regular Council Meeting

17 Media Questions None

18 Closed Session None

19 Confirmatory By-Law Resolution No 322-17 Moved by Frank Dugal Seconded by Ted Strike That By-law No 6752-17 being a By-law to confirm the proceedings of the Regular Meeting of Council held on September 11 2017 and it is hereby enacted and passed

Resolution CARRIED

20 Adjournment Resolution No 323-17 Moved by Tom Burnette Seconded by Dan Lynch That this meeting of Council be adjourned at 754 pm

Resolution CARRIED

David Reid Mayor Maureen Spratt Town Clerk

Page 7

1

Maureen Spratt Town Clerk

Draft Noise By-law

Regular Meeting of Council ndash Sept 11 2017

Background

bull Municipal Noise By-Laws are reflective ofan initiative by the Ministry of Environmentin the early 70rsquos when noise was declareda contaminant under the EnvironmentalProtection Act (EPA)

bull In 1975 the EPA was amended to allowmunicipalities to implement noise controlby-laws

2

Appendix A

2

Background

bull In January of 2003 Section 129 of theMunicipal Act replaced s178 of the EPAgiving local municipalities authority toldquoprohibit and regulaterdquo without therequirement for the Minister of theEnvironment to approve the by-law

bull The Town of Arnpriorrsquos Noise By-law wasfirst passed in 1979 (3127-79)

3

Background

bull Reviewed and Updated in 2011 (5974-11)ndash Formatting and grammatical changes

ndash Minor changes to definitions

ndash The addition of ldquothe use of engine air or jackbrakesrdquo as a prohibited

ndash Reference fines pursuant to the ProvincialOffences Act

4

3

Background

bull 2011 By-law reviewed by CorporateServices Advisory Committee in 2015ndash Feedback incorporated into draft by-law

bull Revisions to Noise By-law since 2011ndash Temporary exemptions

bull Arnprior Stampede

bull Construction

bull East Side MariorsquosDanny Macrsquos

5

What is Noisebull Definition varies in municipalities

ndash unwanted soundndash sound that is of such a volume or nature that

is likely to disturb the inhabitants

bull Generally noise means a sound that is ofsuch a volume or nature that does or maydisturb the quiet peace enjoyment orcomfort of people who are in the vicinity

6

4

Municipal Noise By-laws

bull Typically include prohibitions on certaintypes of noisendash ex operating loud machinery shouting

barking

ndash at specified times (ex After 11pm or all thetime)

ndash in prohibited areas (ex Residential)

7

Proposed Changes

bull Proposed changes in the draft by-lawndash Deletions are reflected in strikethrough text

ndash Additions are reflected in underlined text

bull Highlights includendash Changes andor additions to Definitions

ndash Simplifying exemptions by Council

ndash Addition of vexatious complaints

8

5

Proposed Changes bull Addition of Schedules

ndash Schedule 1 ndash Prohibited Noisebull Motor vehicle ndash banging clanking squealing

bull Unauthorized fireworks

ndash Schedule 2 ndash Prohibited Noise by Time andPlace

bull Change from 9pm-7am to 11pm to 7am

bull Deleted all selling or advertising by shoutinghellip

bull Added operation of activity or equipment inconnection with removal of debris private parkinglots

9

Proposed Changes

ndash Schedule 3 ndash Exempted noisebull Minor amendments to existing exemptions

bull Aviation activities

bull Snowsweeping activities essential for theoperation of a business

bull Fire alarms etc

bull Reasonable noise from a business activityprovided that the business is operating incompliance with the Townrsquos Zoning By-law

10

6

Next Steps

bull Draft By-law provided to Council forfeedback

bull Provide notice of Draft By-law to Public

bull Obtain feedback from Public

bull By-law for consideration to Council

11

Questions

12

The Corporation of the Town of Arnprior

By-law Number xxxx-17

Being a By-law to Control Noise

Whereas the making creation or maintenance of excessive unreasonable or nuisance noise within The Corporation of the Town of Arnprior affects and is a detriment to public health comfort convenience safety and welfare of the people of the municipality and

Whereas it is in the public interest to reduce the noise level within the municipality so as to preserve protect and promote the public health safety welfare and peace and quiet of the inhabitants thereof and

Whereas the Municipal Act 2001 SO 2001 C25 s 129 as amended authorizes Municipal Councils to pass by-laws to prohibit and regulate noise

Now Therefore the Council of the Corporation of the Town of Arnprior hereby enacts as follows

1 Definitions

In this By-Law

11 ldquoChief Administrative Officerrdquo means the person appointed as the Chief Administrative Officer of the Town within the meaning of the Municipal Act 2001

12 lsquoChief Building Officialrsquo means the person appointed as the Chief Building Official of the Town within the meaning of the Building Code Act 50 1992 c 23 as amended

13 lsquoclearly audiblersquo means a noise level that a reasonable person would consider to be excessive or unnecessary or intrusive or disturbing or unacceptable

14 lsquoconstructionrsquo includes but is not limited to erection alteration repair dismantling demolition structural maintenance painting moving land clearing earth moving grading excavating the laying of pipe and conduit whether above or below ground level street and highway building the manufacturing of material used for highway construction concreting equipment installation and alteration and the structural installation of

tdavis
Typewritten Text
tdavis
Typewritten Text
tdavis
Typewritten Text
Appendix A

Noise Control By-law

construction components and materials in any form or for any purpose and includes any work in connection therewith

15 lsquoconstruction equipmentrsquo means any equipment device or motorized

conveyance designed and intended for use in construction or material handling including but not limited to hand tools power tools air compressors pile drives pneumatic or hydraulic tools bulldozers tractors excavators trenchers cranes derricks loaders scrapers pavers generations off-highway haulers or trucks ditchers compactors and rollers pumps concrete mixers graders or material handling equipment

16 lsquoconveyancersquo includes a vehicle and any other device employed to transport a

person or persons or goods from place to place but does not include any such device or vehicle if operated only within the premises of a person

17 lsquoCouncilrsquo means the Council of the Corporation of the Town of Arnprior 18 lsquoDirector of Public Worksrsquo means the person appointed by Council as

Director of Public Works for the Town 19 lsquoFire Chiefrsquo means the person appointed as the Fire Chief of the Town within

the meaning of the Fire Protection and Prevention Act SO 1997 c4 as amended

110 lsquohighwayrsquo includes a common and public highway street avenue parkway

driveway square place bridge viaduct or trestle designed and intended for or used by the general public for the passage of vehicles

111 lsquoinhabitantsrsquo means one or more persons who reside in the Town of Arnprior 112 lsquomotor vehiclersquo includes an automobile motorcycle and any other vehicle

propelled or driven otherwise than by muscular power but does not include the cars of electric or steam railways or other motor vehicles running only upon rails or a motorized snow vehicle traction engine farm tractor self-propelled implement of husbandry or road-building machine within the meaning of The Highway Traffic Act

113 lsquomotorized conveyancersquo means a conveyance propelled or driven otherwise

than by muscular gravitational or wind power 114 lsquomunicipalityrsquo means the land within the geographic limit of the Town of

Arnprior

Noise Control By-law

115 lsquonuisance noisersquo means any loud unnecessary unusual or unreasonable

sound or vibration which annoys disturbs injures endangers or distracts from the comfort repose health peace andor safety of any reasonable person as determined by an officer

116 lsquoofficerrsquo means any member of the Ontario Provincial Police force and any

other police force police constable or By-law Enforcement Officer designated officer or other person appointed and employed by the Town of Arnprior for preservation and maintenance of public peace

117 lsquopersonrsquo means any individual and includes firm partnership association

corporation company or groups of persons 118 lsquopoint of receptionrsquo means any point on the premises of a person where

sound or vibration originating from other than those premises is received 119 lsquopremises means a building or structure or part of a build or structure the

lands appurtenant to the building or structure all mobile homes mobile buildings or mobile structures and includes vacant land

120 lsquoResidential Arearsquo means those areas of the Municipality specified as follows

those areas of the municipality zoned for residential use in any by-law in force from time to time passed pursuant to Section 34 of The Planning Act RSO 1990 Chapter P13 or any predecessor or successor of that Section

121 lsquoTown of Arnpriorrsquo means the Corporation of the Town of Arnprior

122 lsquoQuiet Zonersquo means the area and block municipally known as the Arnprior and District Memorial Hospital (Arnprior Regional Health) and illustrated in Appendix lsquoArdquo attached hereto

2 Regulations

21 No person shall emit or cause or permit to be caused any nuisance noise clearly audible at a point of reception listed in ldquoSchedule 1 ndash Prohibited Noiserdquo

22 No person shall cause or permit to be caused any nuisance noise audible at a

point of reception listed in ldquoSchedule 2 ndash Prohibited Noiserdquo by Time and Place where the noise occurs during the prohibited times specified in the schedule

23 Notwithstanding any other provision in this by-law a person may cause or

permit to be caused any nuisance noise audible at a point of reception provided the noise is in connection with any of the activities listed in ldquoSchedule 3 ndash Exempted Noiserdquo

Noise Control By-law

24 Notwithstanding any other provisions in this bylaw a person may cause or permit to be caused any nuisance noise audible at a point of reception in connection with a legitimate emergency for the protection of the immediate health safety or welfare of the inhabitants of the Town or for the preservation or protection of property or any Town infrastructure and critical Town services as may be determined by the Director of Public Works the Fire Chief the Chief Building Official the Chief Administrative Officer or an Officer

3 Nuisance Noise Prohibited At Any Time

31 No person shall cause or permit any nuisance noise which is clearly audible at the point of reception

4 Exemptions by Council

41 Notwithstanding anything contained in this by-law any person may no later than sixty (60) days prior to the date of which an exemption may be requested make a request to Council application in writing to be granted an exemption for 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 exemption 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 and any such request for exemption shall contain the following

a) the name and address of the applicant

b) the location of the event or activity for which the exemption is being sought

c) a description of the source of sound for which the exemption is being sought

d) the dates and period of time for which the exemption is being sought

42 The Council of the Town of Arnprior may by by-bylaw grant the exemption applied for or any exemption of lesser effect or refuse to grant an exemption Any exemption granted shall specify the time period during which it is effective and may contain such terms and conditions as the Council sees fit

43 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

Noise Control By-law

44 Breach by the applicant of any of the terms or conditions of any exemption granted by Council shall render the exemption null and void

5 Exemption ndash Municipal Construction Projects 51 That the Director of Public Works is delegated the authority to grant an

exemption to any section of this by-law provided it relates to a Town of Arnprior construction project repair or activity subject to the following conditions

a) That each individual request be reviewed by the Director of Public Works

prior to any work taking place during the requested hours to determine if the request is justified

b) That construction communication notices be sent to all members of Council as well as surrounding residents and business owners within a 200 meter radius of the area where the municipal construction activity is occurring advising them of the impending work at least two (2) calendar days prior to the works being undertaken

c) That the construction communication notices to residents and business owners include contact information for the contractor

d) That the Director of Public Works monitor and investigate any complaints regarding construction noise

e) That the applicant take measures to minimize any unnecessary noise such as idling of construction vehicles unnecessary revving of engines use of airbrakes and to maintain equipment in good working order (including muffling devices) to minimize noise impacts or other measures as may be prescribed by the Director of Public Works and

f) That no construction takes place on Statutory Holidays

g) That all exemptions be issued in writing bearing the signature of the Director of Public Works or authorized designate

6 Vexatious Complaints

61 Where an officer has determined that a complaint has been filed for a malicious or vexatious reasons or as part of an ongoing pattern of harassment and does not involve a matter of serious health safety or breach of the Noise By-law the officer may cease the investigation and close the file with no further action being taken

Noise Control By-law

7 Severability

71 If a court of competent jurisdiction should declare any section or park of a section of this by-law to be invalid such section of 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 force

8 Penalty

81 Every person who contravenes any of the provisions of this by-law is guilty of an offence and shall upon conviction thereof is liable to a fine exclusive of costs and every such fine is recoverable under in the Provincial Offences Act RSO 1990 cP 33 as amended

82 A person who is convicted of an offence under this by-law is liable for each

day or part of a day that the offence continues to a minimum fine of $25000 and a maximum fine of $1000000 and the total of all of the daily fines for the offence is $10000000 as provided for in subsection 429(3)2 of the Municipal Act 2001 S0 2001 c25 as amended

9 Repeal

91 That By-law No 5974-11 and any other by-laws resolutions or parts of by-

laws or resolutions inconsistent with the provisions contained in this by-law are hereby repealed

10 Enactment 101 This by-law shall come into full force and take effect upon the passing thereof Enacted and Passed this day of 2017 ___________________________ __________________________ Mayor Clerk

Noise Control By-law

Appendix A ndash Quiet Zone

Noise Control By-law

Schedule 1 ndash Nuisance Noise Prohibited

1 Allowing the persistent barking calling whining or other similar persistent noise-

making by any domestic pet or any other animal kept or used for any purpose other than agriculture

2 The racing of any motorized conveyance other than in a racing event regulated by law

3 The revving of a motor vehicle engine or the squealing of tires as a result of the operation of a motor vehicle

4 The operation of a motor vehicle motorized equipment construction equipment or pneumatic device without an exhaust muffling device in good working order

5 The operation of a motor vehicle or a motor vehicle with a trailer resulting in banging clanking squealing or other like sound due to improperly secured load or equipment or inadequate maintenance

6 The operation of a motor vehicle horn or other warning device except where

required or authorized by law or in accordance with good safety practices

7 The use of engine air brakes or lsquojackrsquo brakes

8 Unauthorized setting off of fireworks

Noise Control By-law

Schedule 2 ndash Prohibited Noise by Time and Place

Prohibited Times

Type of Noise Quiet Zone Residential

1 The operation of any electronic devices or group of connected electronic devices incorporating one or more loud speakers or other electromechanically transducers and intended for the production reproduction or amplification of sound

At All Times

900 ndash 700 am (900 Sundays)

1100 pm ndash 700 am

2 The operation of any auditory signaling device including but not limited to the ringing of bells or gongs and the 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

At All Times

900 ndash 700 am (900 Sundays)

All day Sundays and Statutory Holidays

1100 pm ndash 700 am

3 Yelling shouting hooting whistling or singing

At All Times 900 ndash 700 am

1100 pm ndash 700 am

4 All selling or advertising by shouting or outcry of amplified sound

At All Times 900 ndash 700 am

All day Sundays and Statutory Holidays

4 Loading unloading delivering packing unpacking or otherwise handling any containers products materials or refuse whatsoever unless necessary for the maintenance of essential services or the moving of private household effects

900 ndash 700 am All day Sundays and Statutory Holidays

1100 pm ndash 700 am

Statutory Holidays

900 ndash 700 am All day Sundays and Statutory Holidays

1100 pm ndash 700 am

Statutory Holidays

5 The operation of any activity or equipment in connection with construction or demolition save and except pursuant to Section 4 or where the Director of Public Works has granted an exemption pursuant to Section 5

900 ndash 700 am All day Sundays and Statutory Holidays

1100 pm ndash 700 am

Statutory Holidays

900 pm ndash 700 am

All day Sundays and Statutory Holidays

1100 pm ndash 700 am

Statutory Holidays

Noise Control By-law

Prohibited Times

Type of Noise Quiet Zone Residential

6 The operation of any activity or equipment in connection with the removal of dust and other debris from private parking lots abutting or sharing a property line with residential properties

1100 pm ndash 700 am

Statutory Holidays

1100 pm ndash 700 am

Statutory Holidays

Noise Control By-law

Schedule 3 ndash Exempted Noise

1 The use of bells or chimes normally associated with church activities

2 Parades authorized by the Town of Arnprior

3 Any special event held by the Town of Arnprior

4 Any fireworks displays authorized or permitted by the Town and in compliance with all applicable legislation including the Fireworks By-law

5 All activities associated with the Arnprior Fair

6 Sporting recreational and entertainment events in public parks or town buildings authorized by the Town of Arnprior

7 Musical and other performances in public parks or town buildings authorized by the Town of Arnprior

8 Special neighbourhood social activities on streets or other public land authorized by the Town of Arnprior

9 Aviation activities at the Arnprior Airport

10 Snow clearing road maintenance infrastructure repairs and road construction vehicles and equipment operated by the Town of Arnprior or its agents andor contractors

11 Any snow removal activities which are essential for the effective operation of a business

12 Sound emanating from the Fire Hall alarm or the sirens of any emergency vehicle equipment or activities while engaged in providing emergency work or responding to an emergency or during testing of the emergency warning siren

13 Any reasonable noise resulting from the operation of a business activity provided that such noise is part of the normal operation of the business and provided that the business is operating in compliance with the Townrsquos Zoning By-laws and all other applicable by-laws

Page 7: ARNPRIORarnprior.ca/wp-system/uploads/2013/12/Council... · 11/09/2017  · • August 30,2017 - County of Renfrew Council Meeting 14. Correspondence & Petitions a) Correspondence

Minutes of Regular Council Meeting

17 Media Questions None

18 Closed Session None

19 Confirmatory By-Law Resolution No 322-17 Moved by Frank Dugal Seconded by Ted Strike That By-law No 6752-17 being a By-law to confirm the proceedings of the Regular Meeting of Council held on September 11 2017 and it is hereby enacted and passed

Resolution CARRIED

20 Adjournment Resolution No 323-17 Moved by Tom Burnette Seconded by Dan Lynch That this meeting of Council be adjourned at 754 pm

Resolution CARRIED

David Reid Mayor Maureen Spratt Town Clerk

Page 7

1

Maureen Spratt Town Clerk

Draft Noise By-law

Regular Meeting of Council ndash Sept 11 2017

Background

bull Municipal Noise By-Laws are reflective ofan initiative by the Ministry of Environmentin the early 70rsquos when noise was declareda contaminant under the EnvironmentalProtection Act (EPA)

bull In 1975 the EPA was amended to allowmunicipalities to implement noise controlby-laws

2

Appendix A

2

Background

bull In January of 2003 Section 129 of theMunicipal Act replaced s178 of the EPAgiving local municipalities authority toldquoprohibit and regulaterdquo without therequirement for the Minister of theEnvironment to approve the by-law

bull The Town of Arnpriorrsquos Noise By-law wasfirst passed in 1979 (3127-79)

3

Background

bull Reviewed and Updated in 2011 (5974-11)ndash Formatting and grammatical changes

ndash Minor changes to definitions

ndash The addition of ldquothe use of engine air or jackbrakesrdquo as a prohibited

ndash Reference fines pursuant to the ProvincialOffences Act

4

3

Background

bull 2011 By-law reviewed by CorporateServices Advisory Committee in 2015ndash Feedback incorporated into draft by-law

bull Revisions to Noise By-law since 2011ndash Temporary exemptions

bull Arnprior Stampede

bull Construction

bull East Side MariorsquosDanny Macrsquos

5

What is Noisebull Definition varies in municipalities

ndash unwanted soundndash sound that is of such a volume or nature that

is likely to disturb the inhabitants

bull Generally noise means a sound that is ofsuch a volume or nature that does or maydisturb the quiet peace enjoyment orcomfort of people who are in the vicinity

6

4

Municipal Noise By-laws

bull Typically include prohibitions on certaintypes of noisendash ex operating loud machinery shouting

barking

ndash at specified times (ex After 11pm or all thetime)

ndash in prohibited areas (ex Residential)

7

Proposed Changes

bull Proposed changes in the draft by-lawndash Deletions are reflected in strikethrough text

ndash Additions are reflected in underlined text

bull Highlights includendash Changes andor additions to Definitions

ndash Simplifying exemptions by Council

ndash Addition of vexatious complaints

8

5

Proposed Changes bull Addition of Schedules

ndash Schedule 1 ndash Prohibited Noisebull Motor vehicle ndash banging clanking squealing

bull Unauthorized fireworks

ndash Schedule 2 ndash Prohibited Noise by Time andPlace

bull Change from 9pm-7am to 11pm to 7am

bull Deleted all selling or advertising by shoutinghellip

bull Added operation of activity or equipment inconnection with removal of debris private parkinglots

9

Proposed Changes

ndash Schedule 3 ndash Exempted noisebull Minor amendments to existing exemptions

bull Aviation activities

bull Snowsweeping activities essential for theoperation of a business

bull Fire alarms etc

bull Reasonable noise from a business activityprovided that the business is operating incompliance with the Townrsquos Zoning By-law

10

6

Next Steps

bull Draft By-law provided to Council forfeedback

bull Provide notice of Draft By-law to Public

bull Obtain feedback from Public

bull By-law for consideration to Council

11

Questions

12

The Corporation of the Town of Arnprior

By-law Number xxxx-17

Being a By-law to Control Noise

Whereas the making creation or maintenance of excessive unreasonable or nuisance noise within The Corporation of the Town of Arnprior affects and is a detriment to public health comfort convenience safety and welfare of the people of the municipality and

Whereas it is in the public interest to reduce the noise level within the municipality so as to preserve protect and promote the public health safety welfare and peace and quiet of the inhabitants thereof and

Whereas the Municipal Act 2001 SO 2001 C25 s 129 as amended authorizes Municipal Councils to pass by-laws to prohibit and regulate noise

Now Therefore the Council of the Corporation of the Town of Arnprior hereby enacts as follows

1 Definitions

In this By-Law

11 ldquoChief Administrative Officerrdquo means the person appointed as the Chief Administrative Officer of the Town within the meaning of the Municipal Act 2001

12 lsquoChief Building Officialrsquo means the person appointed as the Chief Building Official of the Town within the meaning of the Building Code Act 50 1992 c 23 as amended

13 lsquoclearly audiblersquo means a noise level that a reasonable person would consider to be excessive or unnecessary or intrusive or disturbing or unacceptable

14 lsquoconstructionrsquo includes but is not limited to erection alteration repair dismantling demolition structural maintenance painting moving land clearing earth moving grading excavating the laying of pipe and conduit whether above or below ground level street and highway building the manufacturing of material used for highway construction concreting equipment installation and alteration and the structural installation of

tdavis
Typewritten Text
tdavis
Typewritten Text
tdavis
Typewritten Text
Appendix A

Noise Control By-law

construction components and materials in any form or for any purpose and includes any work in connection therewith

15 lsquoconstruction equipmentrsquo means any equipment device or motorized

conveyance designed and intended for use in construction or material handling including but not limited to hand tools power tools air compressors pile drives pneumatic or hydraulic tools bulldozers tractors excavators trenchers cranes derricks loaders scrapers pavers generations off-highway haulers or trucks ditchers compactors and rollers pumps concrete mixers graders or material handling equipment

16 lsquoconveyancersquo includes a vehicle and any other device employed to transport a

person or persons or goods from place to place but does not include any such device or vehicle if operated only within the premises of a person

17 lsquoCouncilrsquo means the Council of the Corporation of the Town of Arnprior 18 lsquoDirector of Public Worksrsquo means the person appointed by Council as

Director of Public Works for the Town 19 lsquoFire Chiefrsquo means the person appointed as the Fire Chief of the Town within

the meaning of the Fire Protection and Prevention Act SO 1997 c4 as amended

110 lsquohighwayrsquo includes a common and public highway street avenue parkway

driveway square place bridge viaduct or trestle designed and intended for or used by the general public for the passage of vehicles

111 lsquoinhabitantsrsquo means one or more persons who reside in the Town of Arnprior 112 lsquomotor vehiclersquo includes an automobile motorcycle and any other vehicle

propelled or driven otherwise than by muscular power but does not include the cars of electric or steam railways or other motor vehicles running only upon rails or a motorized snow vehicle traction engine farm tractor self-propelled implement of husbandry or road-building machine within the meaning of The Highway Traffic Act

113 lsquomotorized conveyancersquo means a conveyance propelled or driven otherwise

than by muscular gravitational or wind power 114 lsquomunicipalityrsquo means the land within the geographic limit of the Town of

Arnprior

Noise Control By-law

115 lsquonuisance noisersquo means any loud unnecessary unusual or unreasonable

sound or vibration which annoys disturbs injures endangers or distracts from the comfort repose health peace andor safety of any reasonable person as determined by an officer

116 lsquoofficerrsquo means any member of the Ontario Provincial Police force and any

other police force police constable or By-law Enforcement Officer designated officer or other person appointed and employed by the Town of Arnprior for preservation and maintenance of public peace

117 lsquopersonrsquo means any individual and includes firm partnership association

corporation company or groups of persons 118 lsquopoint of receptionrsquo means any point on the premises of a person where

sound or vibration originating from other than those premises is received 119 lsquopremises means a building or structure or part of a build or structure the

lands appurtenant to the building or structure all mobile homes mobile buildings or mobile structures and includes vacant land

120 lsquoResidential Arearsquo means those areas of the Municipality specified as follows

those areas of the municipality zoned for residential use in any by-law in force from time to time passed pursuant to Section 34 of The Planning Act RSO 1990 Chapter P13 or any predecessor or successor of that Section

121 lsquoTown of Arnpriorrsquo means the Corporation of the Town of Arnprior

122 lsquoQuiet Zonersquo means the area and block municipally known as the Arnprior and District Memorial Hospital (Arnprior Regional Health) and illustrated in Appendix lsquoArdquo attached hereto

2 Regulations

21 No person shall emit or cause or permit to be caused any nuisance noise clearly audible at a point of reception listed in ldquoSchedule 1 ndash Prohibited Noiserdquo

22 No person shall cause or permit to be caused any nuisance noise audible at a

point of reception listed in ldquoSchedule 2 ndash Prohibited Noiserdquo by Time and Place where the noise occurs during the prohibited times specified in the schedule

23 Notwithstanding any other provision in this by-law a person may cause or

permit to be caused any nuisance noise audible at a point of reception provided the noise is in connection with any of the activities listed in ldquoSchedule 3 ndash Exempted Noiserdquo

Noise Control By-law

24 Notwithstanding any other provisions in this bylaw a person may cause or permit to be caused any nuisance noise audible at a point of reception in connection with a legitimate emergency for the protection of the immediate health safety or welfare of the inhabitants of the Town or for the preservation or protection of property or any Town infrastructure and critical Town services as may be determined by the Director of Public Works the Fire Chief the Chief Building Official the Chief Administrative Officer or an Officer

3 Nuisance Noise Prohibited At Any Time

31 No person shall cause or permit any nuisance noise which is clearly audible at the point of reception

4 Exemptions by Council

41 Notwithstanding anything contained in this by-law any person may no later than sixty (60) days prior to the date of which an exemption may be requested make a request to Council application in writing to be granted an exemption for 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 exemption 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 and any such request for exemption shall contain the following

a) the name and address of the applicant

b) the location of the event or activity for which the exemption is being sought

c) a description of the source of sound for which the exemption is being sought

d) the dates and period of time for which the exemption is being sought

42 The Council of the Town of Arnprior may by by-bylaw grant the exemption applied for or any exemption of lesser effect or refuse to grant an exemption Any exemption granted shall specify the time period during which it is effective and may contain such terms and conditions as the Council sees fit

43 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

Noise Control By-law

44 Breach by the applicant of any of the terms or conditions of any exemption granted by Council shall render the exemption null and void

5 Exemption ndash Municipal Construction Projects 51 That the Director of Public Works is delegated the authority to grant an

exemption to any section of this by-law provided it relates to a Town of Arnprior construction project repair or activity subject to the following conditions

a) That each individual request be reviewed by the Director of Public Works

prior to any work taking place during the requested hours to determine if the request is justified

b) That construction communication notices be sent to all members of Council as well as surrounding residents and business owners within a 200 meter radius of the area where the municipal construction activity is occurring advising them of the impending work at least two (2) calendar days prior to the works being undertaken

c) That the construction communication notices to residents and business owners include contact information for the contractor

d) That the Director of Public Works monitor and investigate any complaints regarding construction noise

e) That the applicant take measures to minimize any unnecessary noise such as idling of construction vehicles unnecessary revving of engines use of airbrakes and to maintain equipment in good working order (including muffling devices) to minimize noise impacts or other measures as may be prescribed by the Director of Public Works and

f) That no construction takes place on Statutory Holidays

g) That all exemptions be issued in writing bearing the signature of the Director of Public Works or authorized designate

6 Vexatious Complaints

61 Where an officer has determined that a complaint has been filed for a malicious or vexatious reasons or as part of an ongoing pattern of harassment and does not involve a matter of serious health safety or breach of the Noise By-law the officer may cease the investigation and close the file with no further action being taken

Noise Control By-law

7 Severability

71 If a court of competent jurisdiction should declare any section or park of a section of this by-law to be invalid such section of 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 force

8 Penalty

81 Every person who contravenes any of the provisions of this by-law is guilty of an offence and shall upon conviction thereof is liable to a fine exclusive of costs and every such fine is recoverable under in the Provincial Offences Act RSO 1990 cP 33 as amended

82 A person who is convicted of an offence under this by-law is liable for each

day or part of a day that the offence continues to a minimum fine of $25000 and a maximum fine of $1000000 and the total of all of the daily fines for the offence is $10000000 as provided for in subsection 429(3)2 of the Municipal Act 2001 S0 2001 c25 as amended

9 Repeal

91 That By-law No 5974-11 and any other by-laws resolutions or parts of by-

laws or resolutions inconsistent with the provisions contained in this by-law are hereby repealed

10 Enactment 101 This by-law shall come into full force and take effect upon the passing thereof Enacted and Passed this day of 2017 ___________________________ __________________________ Mayor Clerk

Noise Control By-law

Appendix A ndash Quiet Zone

Noise Control By-law

Schedule 1 ndash Nuisance Noise Prohibited

1 Allowing the persistent barking calling whining or other similar persistent noise-

making by any domestic pet or any other animal kept or used for any purpose other than agriculture

2 The racing of any motorized conveyance other than in a racing event regulated by law

3 The revving of a motor vehicle engine or the squealing of tires as a result of the operation of a motor vehicle

4 The operation of a motor vehicle motorized equipment construction equipment or pneumatic device without an exhaust muffling device in good working order

5 The operation of a motor vehicle or a motor vehicle with a trailer resulting in banging clanking squealing or other like sound due to improperly secured load or equipment or inadequate maintenance

6 The operation of a motor vehicle horn or other warning device except where

required or authorized by law or in accordance with good safety practices

7 The use of engine air brakes or lsquojackrsquo brakes

8 Unauthorized setting off of fireworks

Noise Control By-law

Schedule 2 ndash Prohibited Noise by Time and Place

Prohibited Times

Type of Noise Quiet Zone Residential

1 The operation of any electronic devices or group of connected electronic devices incorporating one or more loud speakers or other electromechanically transducers and intended for the production reproduction or amplification of sound

At All Times

900 ndash 700 am (900 Sundays)

1100 pm ndash 700 am

2 The operation of any auditory signaling device including but not limited to the ringing of bells or gongs and the 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

At All Times

900 ndash 700 am (900 Sundays)

All day Sundays and Statutory Holidays

1100 pm ndash 700 am

3 Yelling shouting hooting whistling or singing

At All Times 900 ndash 700 am

1100 pm ndash 700 am

4 All selling or advertising by shouting or outcry of amplified sound

At All Times 900 ndash 700 am

All day Sundays and Statutory Holidays

4 Loading unloading delivering packing unpacking or otherwise handling any containers products materials or refuse whatsoever unless necessary for the maintenance of essential services or the moving of private household effects

900 ndash 700 am All day Sundays and Statutory Holidays

1100 pm ndash 700 am

Statutory Holidays

900 ndash 700 am All day Sundays and Statutory Holidays

1100 pm ndash 700 am

Statutory Holidays

5 The operation of any activity or equipment in connection with construction or demolition save and except pursuant to Section 4 or where the Director of Public Works has granted an exemption pursuant to Section 5

900 ndash 700 am All day Sundays and Statutory Holidays

1100 pm ndash 700 am

Statutory Holidays

900 pm ndash 700 am

All day Sundays and Statutory Holidays

1100 pm ndash 700 am

Statutory Holidays

Noise Control By-law

Prohibited Times

Type of Noise Quiet Zone Residential

6 The operation of any activity or equipment in connection with the removal of dust and other debris from private parking lots abutting or sharing a property line with residential properties

1100 pm ndash 700 am

Statutory Holidays

1100 pm ndash 700 am

Statutory Holidays

Noise Control By-law

Schedule 3 ndash Exempted Noise

1 The use of bells or chimes normally associated with church activities

2 Parades authorized by the Town of Arnprior

3 Any special event held by the Town of Arnprior

4 Any fireworks displays authorized or permitted by the Town and in compliance with all applicable legislation including the Fireworks By-law

5 All activities associated with the Arnprior Fair

6 Sporting recreational and entertainment events in public parks or town buildings authorized by the Town of Arnprior

7 Musical and other performances in public parks or town buildings authorized by the Town of Arnprior

8 Special neighbourhood social activities on streets or other public land authorized by the Town of Arnprior

9 Aviation activities at the Arnprior Airport

10 Snow clearing road maintenance infrastructure repairs and road construction vehicles and equipment operated by the Town of Arnprior or its agents andor contractors

11 Any snow removal activities which are essential for the effective operation of a business

12 Sound emanating from the Fire Hall alarm or the sirens of any emergency vehicle equipment or activities while engaged in providing emergency work or responding to an emergency or during testing of the emergency warning siren

13 Any reasonable noise resulting from the operation of a business activity provided that such noise is part of the normal operation of the business and provided that the business is operating in compliance with the Townrsquos Zoning By-laws and all other applicable by-laws

Page 8: ARNPRIORarnprior.ca/wp-system/uploads/2013/12/Council... · 11/09/2017  · • August 30,2017 - County of Renfrew Council Meeting 14. Correspondence & Petitions a) Correspondence

1

Maureen Spratt Town Clerk

Draft Noise By-law

Regular Meeting of Council ndash Sept 11 2017

Background

bull Municipal Noise By-Laws are reflective ofan initiative by the Ministry of Environmentin the early 70rsquos when noise was declareda contaminant under the EnvironmentalProtection Act (EPA)

bull In 1975 the EPA was amended to allowmunicipalities to implement noise controlby-laws

2

Appendix A

2

Background

bull In January of 2003 Section 129 of theMunicipal Act replaced s178 of the EPAgiving local municipalities authority toldquoprohibit and regulaterdquo without therequirement for the Minister of theEnvironment to approve the by-law

bull The Town of Arnpriorrsquos Noise By-law wasfirst passed in 1979 (3127-79)

3

Background

bull Reviewed and Updated in 2011 (5974-11)ndash Formatting and grammatical changes

ndash Minor changes to definitions

ndash The addition of ldquothe use of engine air or jackbrakesrdquo as a prohibited

ndash Reference fines pursuant to the ProvincialOffences Act

4

3

Background

bull 2011 By-law reviewed by CorporateServices Advisory Committee in 2015ndash Feedback incorporated into draft by-law

bull Revisions to Noise By-law since 2011ndash Temporary exemptions

bull Arnprior Stampede

bull Construction

bull East Side MariorsquosDanny Macrsquos

5

What is Noisebull Definition varies in municipalities

ndash unwanted soundndash sound that is of such a volume or nature that

is likely to disturb the inhabitants

bull Generally noise means a sound that is ofsuch a volume or nature that does or maydisturb the quiet peace enjoyment orcomfort of people who are in the vicinity

6

4

Municipal Noise By-laws

bull Typically include prohibitions on certaintypes of noisendash ex operating loud machinery shouting

barking

ndash at specified times (ex After 11pm or all thetime)

ndash in prohibited areas (ex Residential)

7

Proposed Changes

bull Proposed changes in the draft by-lawndash Deletions are reflected in strikethrough text

ndash Additions are reflected in underlined text

bull Highlights includendash Changes andor additions to Definitions

ndash Simplifying exemptions by Council

ndash Addition of vexatious complaints

8

5

Proposed Changes bull Addition of Schedules

ndash Schedule 1 ndash Prohibited Noisebull Motor vehicle ndash banging clanking squealing

bull Unauthorized fireworks

ndash Schedule 2 ndash Prohibited Noise by Time andPlace

bull Change from 9pm-7am to 11pm to 7am

bull Deleted all selling or advertising by shoutinghellip

bull Added operation of activity or equipment inconnection with removal of debris private parkinglots

9

Proposed Changes

ndash Schedule 3 ndash Exempted noisebull Minor amendments to existing exemptions

bull Aviation activities

bull Snowsweeping activities essential for theoperation of a business

bull Fire alarms etc

bull Reasonable noise from a business activityprovided that the business is operating incompliance with the Townrsquos Zoning By-law

10

6

Next Steps

bull Draft By-law provided to Council forfeedback

bull Provide notice of Draft By-law to Public

bull Obtain feedback from Public

bull By-law for consideration to Council

11

Questions

12

The Corporation of the Town of Arnprior

By-law Number xxxx-17

Being a By-law to Control Noise

Whereas the making creation or maintenance of excessive unreasonable or nuisance noise within The Corporation of the Town of Arnprior affects and is a detriment to public health comfort convenience safety and welfare of the people of the municipality and

Whereas it is in the public interest to reduce the noise level within the municipality so as to preserve protect and promote the public health safety welfare and peace and quiet of the inhabitants thereof and

Whereas the Municipal Act 2001 SO 2001 C25 s 129 as amended authorizes Municipal Councils to pass by-laws to prohibit and regulate noise

Now Therefore the Council of the Corporation of the Town of Arnprior hereby enacts as follows

1 Definitions

In this By-Law

11 ldquoChief Administrative Officerrdquo means the person appointed as the Chief Administrative Officer of the Town within the meaning of the Municipal Act 2001

12 lsquoChief Building Officialrsquo means the person appointed as the Chief Building Official of the Town within the meaning of the Building Code Act 50 1992 c 23 as amended

13 lsquoclearly audiblersquo means a noise level that a reasonable person would consider to be excessive or unnecessary or intrusive or disturbing or unacceptable

14 lsquoconstructionrsquo includes but is not limited to erection alteration repair dismantling demolition structural maintenance painting moving land clearing earth moving grading excavating the laying of pipe and conduit whether above or below ground level street and highway building the manufacturing of material used for highway construction concreting equipment installation and alteration and the structural installation of

tdavis
Typewritten Text
tdavis
Typewritten Text
tdavis
Typewritten Text
Appendix A

Noise Control By-law

construction components and materials in any form or for any purpose and includes any work in connection therewith

15 lsquoconstruction equipmentrsquo means any equipment device or motorized

conveyance designed and intended for use in construction or material handling including but not limited to hand tools power tools air compressors pile drives pneumatic or hydraulic tools bulldozers tractors excavators trenchers cranes derricks loaders scrapers pavers generations off-highway haulers or trucks ditchers compactors and rollers pumps concrete mixers graders or material handling equipment

16 lsquoconveyancersquo includes a vehicle and any other device employed to transport a

person or persons or goods from place to place but does not include any such device or vehicle if operated only within the premises of a person

17 lsquoCouncilrsquo means the Council of the Corporation of the Town of Arnprior 18 lsquoDirector of Public Worksrsquo means the person appointed by Council as

Director of Public Works for the Town 19 lsquoFire Chiefrsquo means the person appointed as the Fire Chief of the Town within

the meaning of the Fire Protection and Prevention Act SO 1997 c4 as amended

110 lsquohighwayrsquo includes a common and public highway street avenue parkway

driveway square place bridge viaduct or trestle designed and intended for or used by the general public for the passage of vehicles

111 lsquoinhabitantsrsquo means one or more persons who reside in the Town of Arnprior 112 lsquomotor vehiclersquo includes an automobile motorcycle and any other vehicle

propelled or driven otherwise than by muscular power but does not include the cars of electric or steam railways or other motor vehicles running only upon rails or a motorized snow vehicle traction engine farm tractor self-propelled implement of husbandry or road-building machine within the meaning of The Highway Traffic Act

113 lsquomotorized conveyancersquo means a conveyance propelled or driven otherwise

than by muscular gravitational or wind power 114 lsquomunicipalityrsquo means the land within the geographic limit of the Town of

Arnprior

Noise Control By-law

115 lsquonuisance noisersquo means any loud unnecessary unusual or unreasonable

sound or vibration which annoys disturbs injures endangers or distracts from the comfort repose health peace andor safety of any reasonable person as determined by an officer

116 lsquoofficerrsquo means any member of the Ontario Provincial Police force and any

other police force police constable or By-law Enforcement Officer designated officer or other person appointed and employed by the Town of Arnprior for preservation and maintenance of public peace

117 lsquopersonrsquo means any individual and includes firm partnership association

corporation company or groups of persons 118 lsquopoint of receptionrsquo means any point on the premises of a person where

sound or vibration originating from other than those premises is received 119 lsquopremises means a building or structure or part of a build or structure the

lands appurtenant to the building or structure all mobile homes mobile buildings or mobile structures and includes vacant land

120 lsquoResidential Arearsquo means those areas of the Municipality specified as follows

those areas of the municipality zoned for residential use in any by-law in force from time to time passed pursuant to Section 34 of The Planning Act RSO 1990 Chapter P13 or any predecessor or successor of that Section

121 lsquoTown of Arnpriorrsquo means the Corporation of the Town of Arnprior

122 lsquoQuiet Zonersquo means the area and block municipally known as the Arnprior and District Memorial Hospital (Arnprior Regional Health) and illustrated in Appendix lsquoArdquo attached hereto

2 Regulations

21 No person shall emit or cause or permit to be caused any nuisance noise clearly audible at a point of reception listed in ldquoSchedule 1 ndash Prohibited Noiserdquo

22 No person shall cause or permit to be caused any nuisance noise audible at a

point of reception listed in ldquoSchedule 2 ndash Prohibited Noiserdquo by Time and Place where the noise occurs during the prohibited times specified in the schedule

23 Notwithstanding any other provision in this by-law a person may cause or

permit to be caused any nuisance noise audible at a point of reception provided the noise is in connection with any of the activities listed in ldquoSchedule 3 ndash Exempted Noiserdquo

Noise Control By-law

24 Notwithstanding any other provisions in this bylaw a person may cause or permit to be caused any nuisance noise audible at a point of reception in connection with a legitimate emergency for the protection of the immediate health safety or welfare of the inhabitants of the Town or for the preservation or protection of property or any Town infrastructure and critical Town services as may be determined by the Director of Public Works the Fire Chief the Chief Building Official the Chief Administrative Officer or an Officer

3 Nuisance Noise Prohibited At Any Time

31 No person shall cause or permit any nuisance noise which is clearly audible at the point of reception

4 Exemptions by Council

41 Notwithstanding anything contained in this by-law any person may no later than sixty (60) days prior to the date of which an exemption may be requested make a request to Council application in writing to be granted an exemption for 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 exemption 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 and any such request for exemption shall contain the following

a) the name and address of the applicant

b) the location of the event or activity for which the exemption is being sought

c) a description of the source of sound for which the exemption is being sought

d) the dates and period of time for which the exemption is being sought

42 The Council of the Town of Arnprior may by by-bylaw grant the exemption applied for or any exemption of lesser effect or refuse to grant an exemption Any exemption granted shall specify the time period during which it is effective and may contain such terms and conditions as the Council sees fit

43 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

Noise Control By-law

44 Breach by the applicant of any of the terms or conditions of any exemption granted by Council shall render the exemption null and void

5 Exemption ndash Municipal Construction Projects 51 That the Director of Public Works is delegated the authority to grant an

exemption to any section of this by-law provided it relates to a Town of Arnprior construction project repair or activity subject to the following conditions

a) That each individual request be reviewed by the Director of Public Works

prior to any work taking place during the requested hours to determine if the request is justified

b) That construction communication notices be sent to all members of Council as well as surrounding residents and business owners within a 200 meter radius of the area where the municipal construction activity is occurring advising them of the impending work at least two (2) calendar days prior to the works being undertaken

c) That the construction communication notices to residents and business owners include contact information for the contractor

d) That the Director of Public Works monitor and investigate any complaints regarding construction noise

e) That the applicant take measures to minimize any unnecessary noise such as idling of construction vehicles unnecessary revving of engines use of airbrakes and to maintain equipment in good working order (including muffling devices) to minimize noise impacts or other measures as may be prescribed by the Director of Public Works and

f) That no construction takes place on Statutory Holidays

g) That all exemptions be issued in writing bearing the signature of the Director of Public Works or authorized designate

6 Vexatious Complaints

61 Where an officer has determined that a complaint has been filed for a malicious or vexatious reasons or as part of an ongoing pattern of harassment and does not involve a matter of serious health safety or breach of the Noise By-law the officer may cease the investigation and close the file with no further action being taken

Noise Control By-law

7 Severability

71 If a court of competent jurisdiction should declare any section or park of a section of this by-law to be invalid such section of 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 force

8 Penalty

81 Every person who contravenes any of the provisions of this by-law is guilty of an offence and shall upon conviction thereof is liable to a fine exclusive of costs and every such fine is recoverable under in the Provincial Offences Act RSO 1990 cP 33 as amended

82 A person who is convicted of an offence under this by-law is liable for each

day or part of a day that the offence continues to a minimum fine of $25000 and a maximum fine of $1000000 and the total of all of the daily fines for the offence is $10000000 as provided for in subsection 429(3)2 of the Municipal Act 2001 S0 2001 c25 as amended

9 Repeal

91 That By-law No 5974-11 and any other by-laws resolutions or parts of by-

laws or resolutions inconsistent with the provisions contained in this by-law are hereby repealed

10 Enactment 101 This by-law shall come into full force and take effect upon the passing thereof Enacted and Passed this day of 2017 ___________________________ __________________________ Mayor Clerk

Noise Control By-law

Appendix A ndash Quiet Zone

Noise Control By-law

Schedule 1 ndash Nuisance Noise Prohibited

1 Allowing the persistent barking calling whining or other similar persistent noise-

making by any domestic pet or any other animal kept or used for any purpose other than agriculture

2 The racing of any motorized conveyance other than in a racing event regulated by law

3 The revving of a motor vehicle engine or the squealing of tires as a result of the operation of a motor vehicle

4 The operation of a motor vehicle motorized equipment construction equipment or pneumatic device without an exhaust muffling device in good working order

5 The operation of a motor vehicle or a motor vehicle with a trailer resulting in banging clanking squealing or other like sound due to improperly secured load or equipment or inadequate maintenance

6 The operation of a motor vehicle horn or other warning device except where

required or authorized by law or in accordance with good safety practices

7 The use of engine air brakes or lsquojackrsquo brakes

8 Unauthorized setting off of fireworks

Noise Control By-law

Schedule 2 ndash Prohibited Noise by Time and Place

Prohibited Times

Type of Noise Quiet Zone Residential

1 The operation of any electronic devices or group of connected electronic devices incorporating one or more loud speakers or other electromechanically transducers and intended for the production reproduction or amplification of sound

At All Times

900 ndash 700 am (900 Sundays)

1100 pm ndash 700 am

2 The operation of any auditory signaling device including but not limited to the ringing of bells or gongs and the 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

At All Times

900 ndash 700 am (900 Sundays)

All day Sundays and Statutory Holidays

1100 pm ndash 700 am

3 Yelling shouting hooting whistling or singing

At All Times 900 ndash 700 am

1100 pm ndash 700 am

4 All selling or advertising by shouting or outcry of amplified sound

At All Times 900 ndash 700 am

All day Sundays and Statutory Holidays

4 Loading unloading delivering packing unpacking or otherwise handling any containers products materials or refuse whatsoever unless necessary for the maintenance of essential services or the moving of private household effects

900 ndash 700 am All day Sundays and Statutory Holidays

1100 pm ndash 700 am

Statutory Holidays

900 ndash 700 am All day Sundays and Statutory Holidays

1100 pm ndash 700 am

Statutory Holidays

5 The operation of any activity or equipment in connection with construction or demolition save and except pursuant to Section 4 or where the Director of Public Works has granted an exemption pursuant to Section 5

900 ndash 700 am All day Sundays and Statutory Holidays

1100 pm ndash 700 am

Statutory Holidays

900 pm ndash 700 am

All day Sundays and Statutory Holidays

1100 pm ndash 700 am

Statutory Holidays

Noise Control By-law

Prohibited Times

Type of Noise Quiet Zone Residential

6 The operation of any activity or equipment in connection with the removal of dust and other debris from private parking lots abutting or sharing a property line with residential properties

1100 pm ndash 700 am

Statutory Holidays

1100 pm ndash 700 am

Statutory Holidays

Noise Control By-law

Schedule 3 ndash Exempted Noise

1 The use of bells or chimes normally associated with church activities

2 Parades authorized by the Town of Arnprior

3 Any special event held by the Town of Arnprior

4 Any fireworks displays authorized or permitted by the Town and in compliance with all applicable legislation including the Fireworks By-law

5 All activities associated with the Arnprior Fair

6 Sporting recreational and entertainment events in public parks or town buildings authorized by the Town of Arnprior

7 Musical and other performances in public parks or town buildings authorized by the Town of Arnprior

8 Special neighbourhood social activities on streets or other public land authorized by the Town of Arnprior

9 Aviation activities at the Arnprior Airport

10 Snow clearing road maintenance infrastructure repairs and road construction vehicles and equipment operated by the Town of Arnprior or its agents andor contractors

11 Any snow removal activities which are essential for the effective operation of a business

12 Sound emanating from the Fire Hall alarm or the sirens of any emergency vehicle equipment or activities while engaged in providing emergency work or responding to an emergency or during testing of the emergency warning siren

13 Any reasonable noise resulting from the operation of a business activity provided that such noise is part of the normal operation of the business and provided that the business is operating in compliance with the Townrsquos Zoning By-laws and all other applicable by-laws

Page 9: ARNPRIORarnprior.ca/wp-system/uploads/2013/12/Council... · 11/09/2017  · • August 30,2017 - County of Renfrew Council Meeting 14. Correspondence & Petitions a) Correspondence

2

Background

bull In January of 2003 Section 129 of theMunicipal Act replaced s178 of the EPAgiving local municipalities authority toldquoprohibit and regulaterdquo without therequirement for the Minister of theEnvironment to approve the by-law

bull The Town of Arnpriorrsquos Noise By-law wasfirst passed in 1979 (3127-79)

3

Background

bull Reviewed and Updated in 2011 (5974-11)ndash Formatting and grammatical changes

ndash Minor changes to definitions

ndash The addition of ldquothe use of engine air or jackbrakesrdquo as a prohibited

ndash Reference fines pursuant to the ProvincialOffences Act

4

3

Background

bull 2011 By-law reviewed by CorporateServices Advisory Committee in 2015ndash Feedback incorporated into draft by-law

bull Revisions to Noise By-law since 2011ndash Temporary exemptions

bull Arnprior Stampede

bull Construction

bull East Side MariorsquosDanny Macrsquos

5

What is Noisebull Definition varies in municipalities

ndash unwanted soundndash sound that is of such a volume or nature that

is likely to disturb the inhabitants

bull Generally noise means a sound that is ofsuch a volume or nature that does or maydisturb the quiet peace enjoyment orcomfort of people who are in the vicinity

6

4

Municipal Noise By-laws

bull Typically include prohibitions on certaintypes of noisendash ex operating loud machinery shouting

barking

ndash at specified times (ex After 11pm or all thetime)

ndash in prohibited areas (ex Residential)

7

Proposed Changes

bull Proposed changes in the draft by-lawndash Deletions are reflected in strikethrough text

ndash Additions are reflected in underlined text

bull Highlights includendash Changes andor additions to Definitions

ndash Simplifying exemptions by Council

ndash Addition of vexatious complaints

8

5

Proposed Changes bull Addition of Schedules

ndash Schedule 1 ndash Prohibited Noisebull Motor vehicle ndash banging clanking squealing

bull Unauthorized fireworks

ndash Schedule 2 ndash Prohibited Noise by Time andPlace

bull Change from 9pm-7am to 11pm to 7am

bull Deleted all selling or advertising by shoutinghellip

bull Added operation of activity or equipment inconnection with removal of debris private parkinglots

9

Proposed Changes

ndash Schedule 3 ndash Exempted noisebull Minor amendments to existing exemptions

bull Aviation activities

bull Snowsweeping activities essential for theoperation of a business

bull Fire alarms etc

bull Reasonable noise from a business activityprovided that the business is operating incompliance with the Townrsquos Zoning By-law

10

6

Next Steps

bull Draft By-law provided to Council forfeedback

bull Provide notice of Draft By-law to Public

bull Obtain feedback from Public

bull By-law for consideration to Council

11

Questions

12

The Corporation of the Town of Arnprior

By-law Number xxxx-17

Being a By-law to Control Noise

Whereas the making creation or maintenance of excessive unreasonable or nuisance noise within The Corporation of the Town of Arnprior affects and is a detriment to public health comfort convenience safety and welfare of the people of the municipality and

Whereas it is in the public interest to reduce the noise level within the municipality so as to preserve protect and promote the public health safety welfare and peace and quiet of the inhabitants thereof and

Whereas the Municipal Act 2001 SO 2001 C25 s 129 as amended authorizes Municipal Councils to pass by-laws to prohibit and regulate noise

Now Therefore the Council of the Corporation of the Town of Arnprior hereby enacts as follows

1 Definitions

In this By-Law

11 ldquoChief Administrative Officerrdquo means the person appointed as the Chief Administrative Officer of the Town within the meaning of the Municipal Act 2001

12 lsquoChief Building Officialrsquo means the person appointed as the Chief Building Official of the Town within the meaning of the Building Code Act 50 1992 c 23 as amended

13 lsquoclearly audiblersquo means a noise level that a reasonable person would consider to be excessive or unnecessary or intrusive or disturbing or unacceptable

14 lsquoconstructionrsquo includes but is not limited to erection alteration repair dismantling demolition structural maintenance painting moving land clearing earth moving grading excavating the laying of pipe and conduit whether above or below ground level street and highway building the manufacturing of material used for highway construction concreting equipment installation and alteration and the structural installation of

tdavis
Typewritten Text
tdavis
Typewritten Text
tdavis
Typewritten Text
Appendix A

Noise Control By-law

construction components and materials in any form or for any purpose and includes any work in connection therewith

15 lsquoconstruction equipmentrsquo means any equipment device or motorized

conveyance designed and intended for use in construction or material handling including but not limited to hand tools power tools air compressors pile drives pneumatic or hydraulic tools bulldozers tractors excavators trenchers cranes derricks loaders scrapers pavers generations off-highway haulers or trucks ditchers compactors and rollers pumps concrete mixers graders or material handling equipment

16 lsquoconveyancersquo includes a vehicle and any other device employed to transport a

person or persons or goods from place to place but does not include any such device or vehicle if operated only within the premises of a person

17 lsquoCouncilrsquo means the Council of the Corporation of the Town of Arnprior 18 lsquoDirector of Public Worksrsquo means the person appointed by Council as

Director of Public Works for the Town 19 lsquoFire Chiefrsquo means the person appointed as the Fire Chief of the Town within

the meaning of the Fire Protection and Prevention Act SO 1997 c4 as amended

110 lsquohighwayrsquo includes a common and public highway street avenue parkway

driveway square place bridge viaduct or trestle designed and intended for or used by the general public for the passage of vehicles

111 lsquoinhabitantsrsquo means one or more persons who reside in the Town of Arnprior 112 lsquomotor vehiclersquo includes an automobile motorcycle and any other vehicle

propelled or driven otherwise than by muscular power but does not include the cars of electric or steam railways or other motor vehicles running only upon rails or a motorized snow vehicle traction engine farm tractor self-propelled implement of husbandry or road-building machine within the meaning of The Highway Traffic Act

113 lsquomotorized conveyancersquo means a conveyance propelled or driven otherwise

than by muscular gravitational or wind power 114 lsquomunicipalityrsquo means the land within the geographic limit of the Town of

Arnprior

Noise Control By-law

115 lsquonuisance noisersquo means any loud unnecessary unusual or unreasonable

sound or vibration which annoys disturbs injures endangers or distracts from the comfort repose health peace andor safety of any reasonable person as determined by an officer

116 lsquoofficerrsquo means any member of the Ontario Provincial Police force and any

other police force police constable or By-law Enforcement Officer designated officer or other person appointed and employed by the Town of Arnprior for preservation and maintenance of public peace

117 lsquopersonrsquo means any individual and includes firm partnership association

corporation company or groups of persons 118 lsquopoint of receptionrsquo means any point on the premises of a person where

sound or vibration originating from other than those premises is received 119 lsquopremises means a building or structure or part of a build or structure the

lands appurtenant to the building or structure all mobile homes mobile buildings or mobile structures and includes vacant land

120 lsquoResidential Arearsquo means those areas of the Municipality specified as follows

those areas of the municipality zoned for residential use in any by-law in force from time to time passed pursuant to Section 34 of The Planning Act RSO 1990 Chapter P13 or any predecessor or successor of that Section

121 lsquoTown of Arnpriorrsquo means the Corporation of the Town of Arnprior

122 lsquoQuiet Zonersquo means the area and block municipally known as the Arnprior and District Memorial Hospital (Arnprior Regional Health) and illustrated in Appendix lsquoArdquo attached hereto

2 Regulations

21 No person shall emit or cause or permit to be caused any nuisance noise clearly audible at a point of reception listed in ldquoSchedule 1 ndash Prohibited Noiserdquo

22 No person shall cause or permit to be caused any nuisance noise audible at a

point of reception listed in ldquoSchedule 2 ndash Prohibited Noiserdquo by Time and Place where the noise occurs during the prohibited times specified in the schedule

23 Notwithstanding any other provision in this by-law a person may cause or

permit to be caused any nuisance noise audible at a point of reception provided the noise is in connection with any of the activities listed in ldquoSchedule 3 ndash Exempted Noiserdquo

Noise Control By-law

24 Notwithstanding any other provisions in this bylaw a person may cause or permit to be caused any nuisance noise audible at a point of reception in connection with a legitimate emergency for the protection of the immediate health safety or welfare of the inhabitants of the Town or for the preservation or protection of property or any Town infrastructure and critical Town services as may be determined by the Director of Public Works the Fire Chief the Chief Building Official the Chief Administrative Officer or an Officer

3 Nuisance Noise Prohibited At Any Time

31 No person shall cause or permit any nuisance noise which is clearly audible at the point of reception

4 Exemptions by Council

41 Notwithstanding anything contained in this by-law any person may no later than sixty (60) days prior to the date of which an exemption may be requested make a request to Council application in writing to be granted an exemption for 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 exemption 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 and any such request for exemption shall contain the following

a) the name and address of the applicant

b) the location of the event or activity for which the exemption is being sought

c) a description of the source of sound for which the exemption is being sought

d) the dates and period of time for which the exemption is being sought

42 The Council of the Town of Arnprior may by by-bylaw grant the exemption applied for or any exemption of lesser effect or refuse to grant an exemption Any exemption granted shall specify the time period during which it is effective and may contain such terms and conditions as the Council sees fit

43 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

Noise Control By-law

44 Breach by the applicant of any of the terms or conditions of any exemption granted by Council shall render the exemption null and void

5 Exemption ndash Municipal Construction Projects 51 That the Director of Public Works is delegated the authority to grant an

exemption to any section of this by-law provided it relates to a Town of Arnprior construction project repair or activity subject to the following conditions

a) That each individual request be reviewed by the Director of Public Works

prior to any work taking place during the requested hours to determine if the request is justified

b) That construction communication notices be sent to all members of Council as well as surrounding residents and business owners within a 200 meter radius of the area where the municipal construction activity is occurring advising them of the impending work at least two (2) calendar days prior to the works being undertaken

c) That the construction communication notices to residents and business owners include contact information for the contractor

d) That the Director of Public Works monitor and investigate any complaints regarding construction noise

e) That the applicant take measures to minimize any unnecessary noise such as idling of construction vehicles unnecessary revving of engines use of airbrakes and to maintain equipment in good working order (including muffling devices) to minimize noise impacts or other measures as may be prescribed by the Director of Public Works and

f) That no construction takes place on Statutory Holidays

g) That all exemptions be issued in writing bearing the signature of the Director of Public Works or authorized designate

6 Vexatious Complaints

61 Where an officer has determined that a complaint has been filed for a malicious or vexatious reasons or as part of an ongoing pattern of harassment and does not involve a matter of serious health safety or breach of the Noise By-law the officer may cease the investigation and close the file with no further action being taken

Noise Control By-law

7 Severability

71 If a court of competent jurisdiction should declare any section or park of a section of this by-law to be invalid such section of 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 force

8 Penalty

81 Every person who contravenes any of the provisions of this by-law is guilty of an offence and shall upon conviction thereof is liable to a fine exclusive of costs and every such fine is recoverable under in the Provincial Offences Act RSO 1990 cP 33 as amended

82 A person who is convicted of an offence under this by-law is liable for each

day or part of a day that the offence continues to a minimum fine of $25000 and a maximum fine of $1000000 and the total of all of the daily fines for the offence is $10000000 as provided for in subsection 429(3)2 of the Municipal Act 2001 S0 2001 c25 as amended

9 Repeal

91 That By-law No 5974-11 and any other by-laws resolutions or parts of by-

laws or resolutions inconsistent with the provisions contained in this by-law are hereby repealed

10 Enactment 101 This by-law shall come into full force and take effect upon the passing thereof Enacted and Passed this day of 2017 ___________________________ __________________________ Mayor Clerk

Noise Control By-law

Appendix A ndash Quiet Zone

Noise Control By-law

Schedule 1 ndash Nuisance Noise Prohibited

1 Allowing the persistent barking calling whining or other similar persistent noise-

making by any domestic pet or any other animal kept or used for any purpose other than agriculture

2 The racing of any motorized conveyance other than in a racing event regulated by law

3 The revving of a motor vehicle engine or the squealing of tires as a result of the operation of a motor vehicle

4 The operation of a motor vehicle motorized equipment construction equipment or pneumatic device without an exhaust muffling device in good working order

5 The operation of a motor vehicle or a motor vehicle with a trailer resulting in banging clanking squealing or other like sound due to improperly secured load or equipment or inadequate maintenance

6 The operation of a motor vehicle horn or other warning device except where

required or authorized by law or in accordance with good safety practices

7 The use of engine air brakes or lsquojackrsquo brakes

8 Unauthorized setting off of fireworks

Noise Control By-law

Schedule 2 ndash Prohibited Noise by Time and Place

Prohibited Times

Type of Noise Quiet Zone Residential

1 The operation of any electronic devices or group of connected electronic devices incorporating one or more loud speakers or other electromechanically transducers and intended for the production reproduction or amplification of sound

At All Times

900 ndash 700 am (900 Sundays)

1100 pm ndash 700 am

2 The operation of any auditory signaling device including but not limited to the ringing of bells or gongs and the 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

At All Times

900 ndash 700 am (900 Sundays)

All day Sundays and Statutory Holidays

1100 pm ndash 700 am

3 Yelling shouting hooting whistling or singing

At All Times 900 ndash 700 am

1100 pm ndash 700 am

4 All selling or advertising by shouting or outcry of amplified sound

At All Times 900 ndash 700 am

All day Sundays and Statutory Holidays

4 Loading unloading delivering packing unpacking or otherwise handling any containers products materials or refuse whatsoever unless necessary for the maintenance of essential services or the moving of private household effects

900 ndash 700 am All day Sundays and Statutory Holidays

1100 pm ndash 700 am

Statutory Holidays

900 ndash 700 am All day Sundays and Statutory Holidays

1100 pm ndash 700 am

Statutory Holidays

5 The operation of any activity or equipment in connection with construction or demolition save and except pursuant to Section 4 or where the Director of Public Works has granted an exemption pursuant to Section 5

900 ndash 700 am All day Sundays and Statutory Holidays

1100 pm ndash 700 am

Statutory Holidays

900 pm ndash 700 am

All day Sundays and Statutory Holidays

1100 pm ndash 700 am

Statutory Holidays

Noise Control By-law

Prohibited Times

Type of Noise Quiet Zone Residential

6 The operation of any activity or equipment in connection with the removal of dust and other debris from private parking lots abutting or sharing a property line with residential properties

1100 pm ndash 700 am

Statutory Holidays

1100 pm ndash 700 am

Statutory Holidays

Noise Control By-law

Schedule 3 ndash Exempted Noise

1 The use of bells or chimes normally associated with church activities

2 Parades authorized by the Town of Arnprior

3 Any special event held by the Town of Arnprior

4 Any fireworks displays authorized or permitted by the Town and in compliance with all applicable legislation including the Fireworks By-law

5 All activities associated with the Arnprior Fair

6 Sporting recreational and entertainment events in public parks or town buildings authorized by the Town of Arnprior

7 Musical and other performances in public parks or town buildings authorized by the Town of Arnprior

8 Special neighbourhood social activities on streets or other public land authorized by the Town of Arnprior

9 Aviation activities at the Arnprior Airport

10 Snow clearing road maintenance infrastructure repairs and road construction vehicles and equipment operated by the Town of Arnprior or its agents andor contractors

11 Any snow removal activities which are essential for the effective operation of a business

12 Sound emanating from the Fire Hall alarm or the sirens of any emergency vehicle equipment or activities while engaged in providing emergency work or responding to an emergency or during testing of the emergency warning siren

13 Any reasonable noise resulting from the operation of a business activity provided that such noise is part of the normal operation of the business and provided that the business is operating in compliance with the Townrsquos Zoning By-laws and all other applicable by-laws

Page 10: ARNPRIORarnprior.ca/wp-system/uploads/2013/12/Council... · 11/09/2017  · • August 30,2017 - County of Renfrew Council Meeting 14. Correspondence & Petitions a) Correspondence

3

Background

bull 2011 By-law reviewed by CorporateServices Advisory Committee in 2015ndash Feedback incorporated into draft by-law

bull Revisions to Noise By-law since 2011ndash Temporary exemptions

bull Arnprior Stampede

bull Construction

bull East Side MariorsquosDanny Macrsquos

5

What is Noisebull Definition varies in municipalities

ndash unwanted soundndash sound that is of such a volume or nature that

is likely to disturb the inhabitants

bull Generally noise means a sound that is ofsuch a volume or nature that does or maydisturb the quiet peace enjoyment orcomfort of people who are in the vicinity

6

4

Municipal Noise By-laws

bull Typically include prohibitions on certaintypes of noisendash ex operating loud machinery shouting

barking

ndash at specified times (ex After 11pm or all thetime)

ndash in prohibited areas (ex Residential)

7

Proposed Changes

bull Proposed changes in the draft by-lawndash Deletions are reflected in strikethrough text

ndash Additions are reflected in underlined text

bull Highlights includendash Changes andor additions to Definitions

ndash Simplifying exemptions by Council

ndash Addition of vexatious complaints

8

5

Proposed Changes bull Addition of Schedules

ndash Schedule 1 ndash Prohibited Noisebull Motor vehicle ndash banging clanking squealing

bull Unauthorized fireworks

ndash Schedule 2 ndash Prohibited Noise by Time andPlace

bull Change from 9pm-7am to 11pm to 7am

bull Deleted all selling or advertising by shoutinghellip

bull Added operation of activity or equipment inconnection with removal of debris private parkinglots

9

Proposed Changes

ndash Schedule 3 ndash Exempted noisebull Minor amendments to existing exemptions

bull Aviation activities

bull Snowsweeping activities essential for theoperation of a business

bull Fire alarms etc

bull Reasonable noise from a business activityprovided that the business is operating incompliance with the Townrsquos Zoning By-law

10

6

Next Steps

bull Draft By-law provided to Council forfeedback

bull Provide notice of Draft By-law to Public

bull Obtain feedback from Public

bull By-law for consideration to Council

11

Questions

12

The Corporation of the Town of Arnprior

By-law Number xxxx-17

Being a By-law to Control Noise

Whereas the making creation or maintenance of excessive unreasonable or nuisance noise within The Corporation of the Town of Arnprior affects and is a detriment to public health comfort convenience safety and welfare of the people of the municipality and

Whereas it is in the public interest to reduce the noise level within the municipality so as to preserve protect and promote the public health safety welfare and peace and quiet of the inhabitants thereof and

Whereas the Municipal Act 2001 SO 2001 C25 s 129 as amended authorizes Municipal Councils to pass by-laws to prohibit and regulate noise

Now Therefore the Council of the Corporation of the Town of Arnprior hereby enacts as follows

1 Definitions

In this By-Law

11 ldquoChief Administrative Officerrdquo means the person appointed as the Chief Administrative Officer of the Town within the meaning of the Municipal Act 2001

12 lsquoChief Building Officialrsquo means the person appointed as the Chief Building Official of the Town within the meaning of the Building Code Act 50 1992 c 23 as amended

13 lsquoclearly audiblersquo means a noise level that a reasonable person would consider to be excessive or unnecessary or intrusive or disturbing or unacceptable

14 lsquoconstructionrsquo includes but is not limited to erection alteration repair dismantling demolition structural maintenance painting moving land clearing earth moving grading excavating the laying of pipe and conduit whether above or below ground level street and highway building the manufacturing of material used for highway construction concreting equipment installation and alteration and the structural installation of

tdavis
Typewritten Text
tdavis
Typewritten Text
tdavis
Typewritten Text
Appendix A

Noise Control By-law

construction components and materials in any form or for any purpose and includes any work in connection therewith

15 lsquoconstruction equipmentrsquo means any equipment device or motorized

conveyance designed and intended for use in construction or material handling including but not limited to hand tools power tools air compressors pile drives pneumatic or hydraulic tools bulldozers tractors excavators trenchers cranes derricks loaders scrapers pavers generations off-highway haulers or trucks ditchers compactors and rollers pumps concrete mixers graders or material handling equipment

16 lsquoconveyancersquo includes a vehicle and any other device employed to transport a

person or persons or goods from place to place but does not include any such device or vehicle if operated only within the premises of a person

17 lsquoCouncilrsquo means the Council of the Corporation of the Town of Arnprior 18 lsquoDirector of Public Worksrsquo means the person appointed by Council as

Director of Public Works for the Town 19 lsquoFire Chiefrsquo means the person appointed as the Fire Chief of the Town within

the meaning of the Fire Protection and Prevention Act SO 1997 c4 as amended

110 lsquohighwayrsquo includes a common and public highway street avenue parkway

driveway square place bridge viaduct or trestle designed and intended for or used by the general public for the passage of vehicles

111 lsquoinhabitantsrsquo means one or more persons who reside in the Town of Arnprior 112 lsquomotor vehiclersquo includes an automobile motorcycle and any other vehicle

propelled or driven otherwise than by muscular power but does not include the cars of electric or steam railways or other motor vehicles running only upon rails or a motorized snow vehicle traction engine farm tractor self-propelled implement of husbandry or road-building machine within the meaning of The Highway Traffic Act

113 lsquomotorized conveyancersquo means a conveyance propelled or driven otherwise

than by muscular gravitational or wind power 114 lsquomunicipalityrsquo means the land within the geographic limit of the Town of

Arnprior

Noise Control By-law

115 lsquonuisance noisersquo means any loud unnecessary unusual or unreasonable

sound or vibration which annoys disturbs injures endangers or distracts from the comfort repose health peace andor safety of any reasonable person as determined by an officer

116 lsquoofficerrsquo means any member of the Ontario Provincial Police force and any

other police force police constable or By-law Enforcement Officer designated officer or other person appointed and employed by the Town of Arnprior for preservation and maintenance of public peace

117 lsquopersonrsquo means any individual and includes firm partnership association

corporation company or groups of persons 118 lsquopoint of receptionrsquo means any point on the premises of a person where

sound or vibration originating from other than those premises is received 119 lsquopremises means a building or structure or part of a build or structure the

lands appurtenant to the building or structure all mobile homes mobile buildings or mobile structures and includes vacant land

120 lsquoResidential Arearsquo means those areas of the Municipality specified as follows

those areas of the municipality zoned for residential use in any by-law in force from time to time passed pursuant to Section 34 of The Planning Act RSO 1990 Chapter P13 or any predecessor or successor of that Section

121 lsquoTown of Arnpriorrsquo means the Corporation of the Town of Arnprior

122 lsquoQuiet Zonersquo means the area and block municipally known as the Arnprior and District Memorial Hospital (Arnprior Regional Health) and illustrated in Appendix lsquoArdquo attached hereto

2 Regulations

21 No person shall emit or cause or permit to be caused any nuisance noise clearly audible at a point of reception listed in ldquoSchedule 1 ndash Prohibited Noiserdquo

22 No person shall cause or permit to be caused any nuisance noise audible at a

point of reception listed in ldquoSchedule 2 ndash Prohibited Noiserdquo by Time and Place where the noise occurs during the prohibited times specified in the schedule

23 Notwithstanding any other provision in this by-law a person may cause or

permit to be caused any nuisance noise audible at a point of reception provided the noise is in connection with any of the activities listed in ldquoSchedule 3 ndash Exempted Noiserdquo

Noise Control By-law

24 Notwithstanding any other provisions in this bylaw a person may cause or permit to be caused any nuisance noise audible at a point of reception in connection with a legitimate emergency for the protection of the immediate health safety or welfare of the inhabitants of the Town or for the preservation or protection of property or any Town infrastructure and critical Town services as may be determined by the Director of Public Works the Fire Chief the Chief Building Official the Chief Administrative Officer or an Officer

3 Nuisance Noise Prohibited At Any Time

31 No person shall cause or permit any nuisance noise which is clearly audible at the point of reception

4 Exemptions by Council

41 Notwithstanding anything contained in this by-law any person may no later than sixty (60) days prior to the date of which an exemption may be requested make a request to Council application in writing to be granted an exemption for 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 exemption 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 and any such request for exemption shall contain the following

a) the name and address of the applicant

b) the location of the event or activity for which the exemption is being sought

c) a description of the source of sound for which the exemption is being sought

d) the dates and period of time for which the exemption is being sought

42 The Council of the Town of Arnprior may by by-bylaw grant the exemption applied for or any exemption of lesser effect or refuse to grant an exemption Any exemption granted shall specify the time period during which it is effective and may contain such terms and conditions as the Council sees fit

43 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

Noise Control By-law

44 Breach by the applicant of any of the terms or conditions of any exemption granted by Council shall render the exemption null and void

5 Exemption ndash Municipal Construction Projects 51 That the Director of Public Works is delegated the authority to grant an

exemption to any section of this by-law provided it relates to a Town of Arnprior construction project repair or activity subject to the following conditions

a) That each individual request be reviewed by the Director of Public Works

prior to any work taking place during the requested hours to determine if the request is justified

b) That construction communication notices be sent to all members of Council as well as surrounding residents and business owners within a 200 meter radius of the area where the municipal construction activity is occurring advising them of the impending work at least two (2) calendar days prior to the works being undertaken

c) That the construction communication notices to residents and business owners include contact information for the contractor

d) That the Director of Public Works monitor and investigate any complaints regarding construction noise

e) That the applicant take measures to minimize any unnecessary noise such as idling of construction vehicles unnecessary revving of engines use of airbrakes and to maintain equipment in good working order (including muffling devices) to minimize noise impacts or other measures as may be prescribed by the Director of Public Works and

f) That no construction takes place on Statutory Holidays

g) That all exemptions be issued in writing bearing the signature of the Director of Public Works or authorized designate

6 Vexatious Complaints

61 Where an officer has determined that a complaint has been filed for a malicious or vexatious reasons or as part of an ongoing pattern of harassment and does not involve a matter of serious health safety or breach of the Noise By-law the officer may cease the investigation and close the file with no further action being taken

Noise Control By-law

7 Severability

71 If a court of competent jurisdiction should declare any section or park of a section of this by-law to be invalid such section of 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 force

8 Penalty

81 Every person who contravenes any of the provisions of this by-law is guilty of an offence and shall upon conviction thereof is liable to a fine exclusive of costs and every such fine is recoverable under in the Provincial Offences Act RSO 1990 cP 33 as amended

82 A person who is convicted of an offence under this by-law is liable for each

day or part of a day that the offence continues to a minimum fine of $25000 and a maximum fine of $1000000 and the total of all of the daily fines for the offence is $10000000 as provided for in subsection 429(3)2 of the Municipal Act 2001 S0 2001 c25 as amended

9 Repeal

91 That By-law No 5974-11 and any other by-laws resolutions or parts of by-

laws or resolutions inconsistent with the provisions contained in this by-law are hereby repealed

10 Enactment 101 This by-law shall come into full force and take effect upon the passing thereof Enacted and Passed this day of 2017 ___________________________ __________________________ Mayor Clerk

Noise Control By-law

Appendix A ndash Quiet Zone

Noise Control By-law

Schedule 1 ndash Nuisance Noise Prohibited

1 Allowing the persistent barking calling whining or other similar persistent noise-

making by any domestic pet or any other animal kept or used for any purpose other than agriculture

2 The racing of any motorized conveyance other than in a racing event regulated by law

3 The revving of a motor vehicle engine or the squealing of tires as a result of the operation of a motor vehicle

4 The operation of a motor vehicle motorized equipment construction equipment or pneumatic device without an exhaust muffling device in good working order

5 The operation of a motor vehicle or a motor vehicle with a trailer resulting in banging clanking squealing or other like sound due to improperly secured load or equipment or inadequate maintenance

6 The operation of a motor vehicle horn or other warning device except where

required or authorized by law or in accordance with good safety practices

7 The use of engine air brakes or lsquojackrsquo brakes

8 Unauthorized setting off of fireworks

Noise Control By-law

Schedule 2 ndash Prohibited Noise by Time and Place

Prohibited Times

Type of Noise Quiet Zone Residential

1 The operation of any electronic devices or group of connected electronic devices incorporating one or more loud speakers or other electromechanically transducers and intended for the production reproduction or amplification of sound

At All Times

900 ndash 700 am (900 Sundays)

1100 pm ndash 700 am

2 The operation of any auditory signaling device including but not limited to the ringing of bells or gongs and the 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

At All Times

900 ndash 700 am (900 Sundays)

All day Sundays and Statutory Holidays

1100 pm ndash 700 am

3 Yelling shouting hooting whistling or singing

At All Times 900 ndash 700 am

1100 pm ndash 700 am

4 All selling or advertising by shouting or outcry of amplified sound

At All Times 900 ndash 700 am

All day Sundays and Statutory Holidays

4 Loading unloading delivering packing unpacking or otherwise handling any containers products materials or refuse whatsoever unless necessary for the maintenance of essential services or the moving of private household effects

900 ndash 700 am All day Sundays and Statutory Holidays

1100 pm ndash 700 am

Statutory Holidays

900 ndash 700 am All day Sundays and Statutory Holidays

1100 pm ndash 700 am

Statutory Holidays

5 The operation of any activity or equipment in connection with construction or demolition save and except pursuant to Section 4 or where the Director of Public Works has granted an exemption pursuant to Section 5

900 ndash 700 am All day Sundays and Statutory Holidays

1100 pm ndash 700 am

Statutory Holidays

900 pm ndash 700 am

All day Sundays and Statutory Holidays

1100 pm ndash 700 am

Statutory Holidays

Noise Control By-law

Prohibited Times

Type of Noise Quiet Zone Residential

6 The operation of any activity or equipment in connection with the removal of dust and other debris from private parking lots abutting or sharing a property line with residential properties

1100 pm ndash 700 am

Statutory Holidays

1100 pm ndash 700 am

Statutory Holidays

Noise Control By-law

Schedule 3 ndash Exempted Noise

1 The use of bells or chimes normally associated with church activities

2 Parades authorized by the Town of Arnprior

3 Any special event held by the Town of Arnprior

4 Any fireworks displays authorized or permitted by the Town and in compliance with all applicable legislation including the Fireworks By-law

5 All activities associated with the Arnprior Fair

6 Sporting recreational and entertainment events in public parks or town buildings authorized by the Town of Arnprior

7 Musical and other performances in public parks or town buildings authorized by the Town of Arnprior

8 Special neighbourhood social activities on streets or other public land authorized by the Town of Arnprior

9 Aviation activities at the Arnprior Airport

10 Snow clearing road maintenance infrastructure repairs and road construction vehicles and equipment operated by the Town of Arnprior or its agents andor contractors

11 Any snow removal activities which are essential for the effective operation of a business

12 Sound emanating from the Fire Hall alarm or the sirens of any emergency vehicle equipment or activities while engaged in providing emergency work or responding to an emergency or during testing of the emergency warning siren

13 Any reasonable noise resulting from the operation of a business activity provided that such noise is part of the normal operation of the business and provided that the business is operating in compliance with the Townrsquos Zoning By-laws and all other applicable by-laws

Page 11: ARNPRIORarnprior.ca/wp-system/uploads/2013/12/Council... · 11/09/2017  · • August 30,2017 - County of Renfrew Council Meeting 14. Correspondence & Petitions a) Correspondence

4

Municipal Noise By-laws

bull Typically include prohibitions on certaintypes of noisendash ex operating loud machinery shouting

barking

ndash at specified times (ex After 11pm or all thetime)

ndash in prohibited areas (ex Residential)

7

Proposed Changes

bull Proposed changes in the draft by-lawndash Deletions are reflected in strikethrough text

ndash Additions are reflected in underlined text

bull Highlights includendash Changes andor additions to Definitions

ndash Simplifying exemptions by Council

ndash Addition of vexatious complaints

8

5

Proposed Changes bull Addition of Schedules

ndash Schedule 1 ndash Prohibited Noisebull Motor vehicle ndash banging clanking squealing

bull Unauthorized fireworks

ndash Schedule 2 ndash Prohibited Noise by Time andPlace

bull Change from 9pm-7am to 11pm to 7am

bull Deleted all selling or advertising by shoutinghellip

bull Added operation of activity or equipment inconnection with removal of debris private parkinglots

9

Proposed Changes

ndash Schedule 3 ndash Exempted noisebull Minor amendments to existing exemptions

bull Aviation activities

bull Snowsweeping activities essential for theoperation of a business

bull Fire alarms etc

bull Reasonable noise from a business activityprovided that the business is operating incompliance with the Townrsquos Zoning By-law

10

6

Next Steps

bull Draft By-law provided to Council forfeedback

bull Provide notice of Draft By-law to Public

bull Obtain feedback from Public

bull By-law for consideration to Council

11

Questions

12

The Corporation of the Town of Arnprior

By-law Number xxxx-17

Being a By-law to Control Noise

Whereas the making creation or maintenance of excessive unreasonable or nuisance noise within The Corporation of the Town of Arnprior affects and is a detriment to public health comfort convenience safety and welfare of the people of the municipality and

Whereas it is in the public interest to reduce the noise level within the municipality so as to preserve protect and promote the public health safety welfare and peace and quiet of the inhabitants thereof and

Whereas the Municipal Act 2001 SO 2001 C25 s 129 as amended authorizes Municipal Councils to pass by-laws to prohibit and regulate noise

Now Therefore the Council of the Corporation of the Town of Arnprior hereby enacts as follows

1 Definitions

In this By-Law

11 ldquoChief Administrative Officerrdquo means the person appointed as the Chief Administrative Officer of the Town within the meaning of the Municipal Act 2001

12 lsquoChief Building Officialrsquo means the person appointed as the Chief Building Official of the Town within the meaning of the Building Code Act 50 1992 c 23 as amended

13 lsquoclearly audiblersquo means a noise level that a reasonable person would consider to be excessive or unnecessary or intrusive or disturbing or unacceptable

14 lsquoconstructionrsquo includes but is not limited to erection alteration repair dismantling demolition structural maintenance painting moving land clearing earth moving grading excavating the laying of pipe and conduit whether above or below ground level street and highway building the manufacturing of material used for highway construction concreting equipment installation and alteration and the structural installation of

tdavis
Typewritten Text
tdavis
Typewritten Text
tdavis
Typewritten Text
Appendix A

Noise Control By-law

construction components and materials in any form or for any purpose and includes any work in connection therewith

15 lsquoconstruction equipmentrsquo means any equipment device or motorized

conveyance designed and intended for use in construction or material handling including but not limited to hand tools power tools air compressors pile drives pneumatic or hydraulic tools bulldozers tractors excavators trenchers cranes derricks loaders scrapers pavers generations off-highway haulers or trucks ditchers compactors and rollers pumps concrete mixers graders or material handling equipment

16 lsquoconveyancersquo includes a vehicle and any other device employed to transport a

person or persons or goods from place to place but does not include any such device or vehicle if operated only within the premises of a person

17 lsquoCouncilrsquo means the Council of the Corporation of the Town of Arnprior 18 lsquoDirector of Public Worksrsquo means the person appointed by Council as

Director of Public Works for the Town 19 lsquoFire Chiefrsquo means the person appointed as the Fire Chief of the Town within

the meaning of the Fire Protection and Prevention Act SO 1997 c4 as amended

110 lsquohighwayrsquo includes a common and public highway street avenue parkway

driveway square place bridge viaduct or trestle designed and intended for or used by the general public for the passage of vehicles

111 lsquoinhabitantsrsquo means one or more persons who reside in the Town of Arnprior 112 lsquomotor vehiclersquo includes an automobile motorcycle and any other vehicle

propelled or driven otherwise than by muscular power but does not include the cars of electric or steam railways or other motor vehicles running only upon rails or a motorized snow vehicle traction engine farm tractor self-propelled implement of husbandry or road-building machine within the meaning of The Highway Traffic Act

113 lsquomotorized conveyancersquo means a conveyance propelled or driven otherwise

than by muscular gravitational or wind power 114 lsquomunicipalityrsquo means the land within the geographic limit of the Town of

Arnprior

Noise Control By-law

115 lsquonuisance noisersquo means any loud unnecessary unusual or unreasonable

sound or vibration which annoys disturbs injures endangers or distracts from the comfort repose health peace andor safety of any reasonable person as determined by an officer

116 lsquoofficerrsquo means any member of the Ontario Provincial Police force and any

other police force police constable or By-law Enforcement Officer designated officer or other person appointed and employed by the Town of Arnprior for preservation and maintenance of public peace

117 lsquopersonrsquo means any individual and includes firm partnership association

corporation company or groups of persons 118 lsquopoint of receptionrsquo means any point on the premises of a person where

sound or vibration originating from other than those premises is received 119 lsquopremises means a building or structure or part of a build or structure the

lands appurtenant to the building or structure all mobile homes mobile buildings or mobile structures and includes vacant land

120 lsquoResidential Arearsquo means those areas of the Municipality specified as follows

those areas of the municipality zoned for residential use in any by-law in force from time to time passed pursuant to Section 34 of The Planning Act RSO 1990 Chapter P13 or any predecessor or successor of that Section

121 lsquoTown of Arnpriorrsquo means the Corporation of the Town of Arnprior

122 lsquoQuiet Zonersquo means the area and block municipally known as the Arnprior and District Memorial Hospital (Arnprior Regional Health) and illustrated in Appendix lsquoArdquo attached hereto

2 Regulations

21 No person shall emit or cause or permit to be caused any nuisance noise clearly audible at a point of reception listed in ldquoSchedule 1 ndash Prohibited Noiserdquo

22 No person shall cause or permit to be caused any nuisance noise audible at a

point of reception listed in ldquoSchedule 2 ndash Prohibited Noiserdquo by Time and Place where the noise occurs during the prohibited times specified in the schedule

23 Notwithstanding any other provision in this by-law a person may cause or

permit to be caused any nuisance noise audible at a point of reception provided the noise is in connection with any of the activities listed in ldquoSchedule 3 ndash Exempted Noiserdquo

Noise Control By-law

24 Notwithstanding any other provisions in this bylaw a person may cause or permit to be caused any nuisance noise audible at a point of reception in connection with a legitimate emergency for the protection of the immediate health safety or welfare of the inhabitants of the Town or for the preservation or protection of property or any Town infrastructure and critical Town services as may be determined by the Director of Public Works the Fire Chief the Chief Building Official the Chief Administrative Officer or an Officer

3 Nuisance Noise Prohibited At Any Time

31 No person shall cause or permit any nuisance noise which is clearly audible at the point of reception

4 Exemptions by Council

41 Notwithstanding anything contained in this by-law any person may no later than sixty (60) days prior to the date of which an exemption may be requested make a request to Council application in writing to be granted an exemption for 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 exemption 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 and any such request for exemption shall contain the following

a) the name and address of the applicant

b) the location of the event or activity for which the exemption is being sought

c) a description of the source of sound for which the exemption is being sought

d) the dates and period of time for which the exemption is being sought

42 The Council of the Town of Arnprior may by by-bylaw grant the exemption applied for or any exemption of lesser effect or refuse to grant an exemption Any exemption granted shall specify the time period during which it is effective and may contain such terms and conditions as the Council sees fit

43 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

Noise Control By-law

44 Breach by the applicant of any of the terms or conditions of any exemption granted by Council shall render the exemption null and void

5 Exemption ndash Municipal Construction Projects 51 That the Director of Public Works is delegated the authority to grant an

exemption to any section of this by-law provided it relates to a Town of Arnprior construction project repair or activity subject to the following conditions

a) That each individual request be reviewed by the Director of Public Works

prior to any work taking place during the requested hours to determine if the request is justified

b) That construction communication notices be sent to all members of Council as well as surrounding residents and business owners within a 200 meter radius of the area where the municipal construction activity is occurring advising them of the impending work at least two (2) calendar days prior to the works being undertaken

c) That the construction communication notices to residents and business owners include contact information for the contractor

d) That the Director of Public Works monitor and investigate any complaints regarding construction noise

e) That the applicant take measures to minimize any unnecessary noise such as idling of construction vehicles unnecessary revving of engines use of airbrakes and to maintain equipment in good working order (including muffling devices) to minimize noise impacts or other measures as may be prescribed by the Director of Public Works and

f) That no construction takes place on Statutory Holidays

g) That all exemptions be issued in writing bearing the signature of the Director of Public Works or authorized designate

6 Vexatious Complaints

61 Where an officer has determined that a complaint has been filed for a malicious or vexatious reasons or as part of an ongoing pattern of harassment and does not involve a matter of serious health safety or breach of the Noise By-law the officer may cease the investigation and close the file with no further action being taken

Noise Control By-law

7 Severability

71 If a court of competent jurisdiction should declare any section or park of a section of this by-law to be invalid such section of 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 force

8 Penalty

81 Every person who contravenes any of the provisions of this by-law is guilty of an offence and shall upon conviction thereof is liable to a fine exclusive of costs and every such fine is recoverable under in the Provincial Offences Act RSO 1990 cP 33 as amended

82 A person who is convicted of an offence under this by-law is liable for each

day or part of a day that the offence continues to a minimum fine of $25000 and a maximum fine of $1000000 and the total of all of the daily fines for the offence is $10000000 as provided for in subsection 429(3)2 of the Municipal Act 2001 S0 2001 c25 as amended

9 Repeal

91 That By-law No 5974-11 and any other by-laws resolutions or parts of by-

laws or resolutions inconsistent with the provisions contained in this by-law are hereby repealed

10 Enactment 101 This by-law shall come into full force and take effect upon the passing thereof Enacted and Passed this day of 2017 ___________________________ __________________________ Mayor Clerk

Noise Control By-law

Appendix A ndash Quiet Zone

Noise Control By-law

Schedule 1 ndash Nuisance Noise Prohibited

1 Allowing the persistent barking calling whining or other similar persistent noise-

making by any domestic pet or any other animal kept or used for any purpose other than agriculture

2 The racing of any motorized conveyance other than in a racing event regulated by law

3 The revving of a motor vehicle engine or the squealing of tires as a result of the operation of a motor vehicle

4 The operation of a motor vehicle motorized equipment construction equipment or pneumatic device without an exhaust muffling device in good working order

5 The operation of a motor vehicle or a motor vehicle with a trailer resulting in banging clanking squealing or other like sound due to improperly secured load or equipment or inadequate maintenance

6 The operation of a motor vehicle horn or other warning device except where

required or authorized by law or in accordance with good safety practices

7 The use of engine air brakes or lsquojackrsquo brakes

8 Unauthorized setting off of fireworks

Noise Control By-law

Schedule 2 ndash Prohibited Noise by Time and Place

Prohibited Times

Type of Noise Quiet Zone Residential

1 The operation of any electronic devices or group of connected electronic devices incorporating one or more loud speakers or other electromechanically transducers and intended for the production reproduction or amplification of sound

At All Times

900 ndash 700 am (900 Sundays)

1100 pm ndash 700 am

2 The operation of any auditory signaling device including but not limited to the ringing of bells or gongs and the 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

At All Times

900 ndash 700 am (900 Sundays)

All day Sundays and Statutory Holidays

1100 pm ndash 700 am

3 Yelling shouting hooting whistling or singing

At All Times 900 ndash 700 am

1100 pm ndash 700 am

4 All selling or advertising by shouting or outcry of amplified sound

At All Times 900 ndash 700 am

All day Sundays and Statutory Holidays

4 Loading unloading delivering packing unpacking or otherwise handling any containers products materials or refuse whatsoever unless necessary for the maintenance of essential services or the moving of private household effects

900 ndash 700 am All day Sundays and Statutory Holidays

1100 pm ndash 700 am

Statutory Holidays

900 ndash 700 am All day Sundays and Statutory Holidays

1100 pm ndash 700 am

Statutory Holidays

5 The operation of any activity or equipment in connection with construction or demolition save and except pursuant to Section 4 or where the Director of Public Works has granted an exemption pursuant to Section 5

900 ndash 700 am All day Sundays and Statutory Holidays

1100 pm ndash 700 am

Statutory Holidays

900 pm ndash 700 am

All day Sundays and Statutory Holidays

1100 pm ndash 700 am

Statutory Holidays

Noise Control By-law

Prohibited Times

Type of Noise Quiet Zone Residential

6 The operation of any activity or equipment in connection with the removal of dust and other debris from private parking lots abutting or sharing a property line with residential properties

1100 pm ndash 700 am

Statutory Holidays

1100 pm ndash 700 am

Statutory Holidays

Noise Control By-law

Schedule 3 ndash Exempted Noise

1 The use of bells or chimes normally associated with church activities

2 Parades authorized by the Town of Arnprior

3 Any special event held by the Town of Arnprior

4 Any fireworks displays authorized or permitted by the Town and in compliance with all applicable legislation including the Fireworks By-law

5 All activities associated with the Arnprior Fair

6 Sporting recreational and entertainment events in public parks or town buildings authorized by the Town of Arnprior

7 Musical and other performances in public parks or town buildings authorized by the Town of Arnprior

8 Special neighbourhood social activities on streets or other public land authorized by the Town of Arnprior

9 Aviation activities at the Arnprior Airport

10 Snow clearing road maintenance infrastructure repairs and road construction vehicles and equipment operated by the Town of Arnprior or its agents andor contractors

11 Any snow removal activities which are essential for the effective operation of a business

12 Sound emanating from the Fire Hall alarm or the sirens of any emergency vehicle equipment or activities while engaged in providing emergency work or responding to an emergency or during testing of the emergency warning siren

13 Any reasonable noise resulting from the operation of a business activity provided that such noise is part of the normal operation of the business and provided that the business is operating in compliance with the Townrsquos Zoning By-laws and all other applicable by-laws

Page 12: ARNPRIORarnprior.ca/wp-system/uploads/2013/12/Council... · 11/09/2017  · • August 30,2017 - County of Renfrew Council Meeting 14. Correspondence & Petitions a) Correspondence

5

Proposed Changes bull Addition of Schedules

ndash Schedule 1 ndash Prohibited Noisebull Motor vehicle ndash banging clanking squealing

bull Unauthorized fireworks

ndash Schedule 2 ndash Prohibited Noise by Time andPlace

bull Change from 9pm-7am to 11pm to 7am

bull Deleted all selling or advertising by shoutinghellip

bull Added operation of activity or equipment inconnection with removal of debris private parkinglots

9

Proposed Changes

ndash Schedule 3 ndash Exempted noisebull Minor amendments to existing exemptions

bull Aviation activities

bull Snowsweeping activities essential for theoperation of a business

bull Fire alarms etc

bull Reasonable noise from a business activityprovided that the business is operating incompliance with the Townrsquos Zoning By-law

10

6

Next Steps

bull Draft By-law provided to Council forfeedback

bull Provide notice of Draft By-law to Public

bull Obtain feedback from Public

bull By-law for consideration to Council

11

Questions

12

The Corporation of the Town of Arnprior

By-law Number xxxx-17

Being a By-law to Control Noise

Whereas the making creation or maintenance of excessive unreasonable or nuisance noise within The Corporation of the Town of Arnprior affects and is a detriment to public health comfort convenience safety and welfare of the people of the municipality and

Whereas it is in the public interest to reduce the noise level within the municipality so as to preserve protect and promote the public health safety welfare and peace and quiet of the inhabitants thereof and

Whereas the Municipal Act 2001 SO 2001 C25 s 129 as amended authorizes Municipal Councils to pass by-laws to prohibit and regulate noise

Now Therefore the Council of the Corporation of the Town of Arnprior hereby enacts as follows

1 Definitions

In this By-Law

11 ldquoChief Administrative Officerrdquo means the person appointed as the Chief Administrative Officer of the Town within the meaning of the Municipal Act 2001

12 lsquoChief Building Officialrsquo means the person appointed as the Chief Building Official of the Town within the meaning of the Building Code Act 50 1992 c 23 as amended

13 lsquoclearly audiblersquo means a noise level that a reasonable person would consider to be excessive or unnecessary or intrusive or disturbing or unacceptable

14 lsquoconstructionrsquo includes but is not limited to erection alteration repair dismantling demolition structural maintenance painting moving land clearing earth moving grading excavating the laying of pipe and conduit whether above or below ground level street and highway building the manufacturing of material used for highway construction concreting equipment installation and alteration and the structural installation of

tdavis
Typewritten Text
tdavis
Typewritten Text
tdavis
Typewritten Text
Appendix A

Noise Control By-law

construction components and materials in any form or for any purpose and includes any work in connection therewith

15 lsquoconstruction equipmentrsquo means any equipment device or motorized

conveyance designed and intended for use in construction or material handling including but not limited to hand tools power tools air compressors pile drives pneumatic or hydraulic tools bulldozers tractors excavators trenchers cranes derricks loaders scrapers pavers generations off-highway haulers or trucks ditchers compactors and rollers pumps concrete mixers graders or material handling equipment

16 lsquoconveyancersquo includes a vehicle and any other device employed to transport a

person or persons or goods from place to place but does not include any such device or vehicle if operated only within the premises of a person

17 lsquoCouncilrsquo means the Council of the Corporation of the Town of Arnprior 18 lsquoDirector of Public Worksrsquo means the person appointed by Council as

Director of Public Works for the Town 19 lsquoFire Chiefrsquo means the person appointed as the Fire Chief of the Town within

the meaning of the Fire Protection and Prevention Act SO 1997 c4 as amended

110 lsquohighwayrsquo includes a common and public highway street avenue parkway

driveway square place bridge viaduct or trestle designed and intended for or used by the general public for the passage of vehicles

111 lsquoinhabitantsrsquo means one or more persons who reside in the Town of Arnprior 112 lsquomotor vehiclersquo includes an automobile motorcycle and any other vehicle

propelled or driven otherwise than by muscular power but does not include the cars of electric or steam railways or other motor vehicles running only upon rails or a motorized snow vehicle traction engine farm tractor self-propelled implement of husbandry or road-building machine within the meaning of The Highway Traffic Act

113 lsquomotorized conveyancersquo means a conveyance propelled or driven otherwise

than by muscular gravitational or wind power 114 lsquomunicipalityrsquo means the land within the geographic limit of the Town of

Arnprior

Noise Control By-law

115 lsquonuisance noisersquo means any loud unnecessary unusual or unreasonable

sound or vibration which annoys disturbs injures endangers or distracts from the comfort repose health peace andor safety of any reasonable person as determined by an officer

116 lsquoofficerrsquo means any member of the Ontario Provincial Police force and any

other police force police constable or By-law Enforcement Officer designated officer or other person appointed and employed by the Town of Arnprior for preservation and maintenance of public peace

117 lsquopersonrsquo means any individual and includes firm partnership association

corporation company or groups of persons 118 lsquopoint of receptionrsquo means any point on the premises of a person where

sound or vibration originating from other than those premises is received 119 lsquopremises means a building or structure or part of a build or structure the

lands appurtenant to the building or structure all mobile homes mobile buildings or mobile structures and includes vacant land

120 lsquoResidential Arearsquo means those areas of the Municipality specified as follows

those areas of the municipality zoned for residential use in any by-law in force from time to time passed pursuant to Section 34 of The Planning Act RSO 1990 Chapter P13 or any predecessor or successor of that Section

121 lsquoTown of Arnpriorrsquo means the Corporation of the Town of Arnprior

122 lsquoQuiet Zonersquo means the area and block municipally known as the Arnprior and District Memorial Hospital (Arnprior Regional Health) and illustrated in Appendix lsquoArdquo attached hereto

2 Regulations

21 No person shall emit or cause or permit to be caused any nuisance noise clearly audible at a point of reception listed in ldquoSchedule 1 ndash Prohibited Noiserdquo

22 No person shall cause or permit to be caused any nuisance noise audible at a

point of reception listed in ldquoSchedule 2 ndash Prohibited Noiserdquo by Time and Place where the noise occurs during the prohibited times specified in the schedule

23 Notwithstanding any other provision in this by-law a person may cause or

permit to be caused any nuisance noise audible at a point of reception provided the noise is in connection with any of the activities listed in ldquoSchedule 3 ndash Exempted Noiserdquo

Noise Control By-law

24 Notwithstanding any other provisions in this bylaw a person may cause or permit to be caused any nuisance noise audible at a point of reception in connection with a legitimate emergency for the protection of the immediate health safety or welfare of the inhabitants of the Town or for the preservation or protection of property or any Town infrastructure and critical Town services as may be determined by the Director of Public Works the Fire Chief the Chief Building Official the Chief Administrative Officer or an Officer

3 Nuisance Noise Prohibited At Any Time

31 No person shall cause or permit any nuisance noise which is clearly audible at the point of reception

4 Exemptions by Council

41 Notwithstanding anything contained in this by-law any person may no later than sixty (60) days prior to the date of which an exemption may be requested make a request to Council application in writing to be granted an exemption for 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 exemption 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 and any such request for exemption shall contain the following

a) the name and address of the applicant

b) the location of the event or activity for which the exemption is being sought

c) a description of the source of sound for which the exemption is being sought

d) the dates and period of time for which the exemption is being sought

42 The Council of the Town of Arnprior may by by-bylaw grant the exemption applied for or any exemption of lesser effect or refuse to grant an exemption Any exemption granted shall specify the time period during which it is effective and may contain such terms and conditions as the Council sees fit

43 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

Noise Control By-law

44 Breach by the applicant of any of the terms or conditions of any exemption granted by Council shall render the exemption null and void

5 Exemption ndash Municipal Construction Projects 51 That the Director of Public Works is delegated the authority to grant an

exemption to any section of this by-law provided it relates to a Town of Arnprior construction project repair or activity subject to the following conditions

a) That each individual request be reviewed by the Director of Public Works

prior to any work taking place during the requested hours to determine if the request is justified

b) That construction communication notices be sent to all members of Council as well as surrounding residents and business owners within a 200 meter radius of the area where the municipal construction activity is occurring advising them of the impending work at least two (2) calendar days prior to the works being undertaken

c) That the construction communication notices to residents and business owners include contact information for the contractor

d) That the Director of Public Works monitor and investigate any complaints regarding construction noise

e) That the applicant take measures to minimize any unnecessary noise such as idling of construction vehicles unnecessary revving of engines use of airbrakes and to maintain equipment in good working order (including muffling devices) to minimize noise impacts or other measures as may be prescribed by the Director of Public Works and

f) That no construction takes place on Statutory Holidays

g) That all exemptions be issued in writing bearing the signature of the Director of Public Works or authorized designate

6 Vexatious Complaints

61 Where an officer has determined that a complaint has been filed for a malicious or vexatious reasons or as part of an ongoing pattern of harassment and does not involve a matter of serious health safety or breach of the Noise By-law the officer may cease the investigation and close the file with no further action being taken

Noise Control By-law

7 Severability

71 If a court of competent jurisdiction should declare any section or park of a section of this by-law to be invalid such section of 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 force

8 Penalty

81 Every person who contravenes any of the provisions of this by-law is guilty of an offence and shall upon conviction thereof is liable to a fine exclusive of costs and every such fine is recoverable under in the Provincial Offences Act RSO 1990 cP 33 as amended

82 A person who is convicted of an offence under this by-law is liable for each

day or part of a day that the offence continues to a minimum fine of $25000 and a maximum fine of $1000000 and the total of all of the daily fines for the offence is $10000000 as provided for in subsection 429(3)2 of the Municipal Act 2001 S0 2001 c25 as amended

9 Repeal

91 That By-law No 5974-11 and any other by-laws resolutions or parts of by-

laws or resolutions inconsistent with the provisions contained in this by-law are hereby repealed

10 Enactment 101 This by-law shall come into full force and take effect upon the passing thereof Enacted and Passed this day of 2017 ___________________________ __________________________ Mayor Clerk

Noise Control By-law

Appendix A ndash Quiet Zone

Noise Control By-law

Schedule 1 ndash Nuisance Noise Prohibited

1 Allowing the persistent barking calling whining or other similar persistent noise-

making by any domestic pet or any other animal kept or used for any purpose other than agriculture

2 The racing of any motorized conveyance other than in a racing event regulated by law

3 The revving of a motor vehicle engine or the squealing of tires as a result of the operation of a motor vehicle

4 The operation of a motor vehicle motorized equipment construction equipment or pneumatic device without an exhaust muffling device in good working order

5 The operation of a motor vehicle or a motor vehicle with a trailer resulting in banging clanking squealing or other like sound due to improperly secured load or equipment or inadequate maintenance

6 The operation of a motor vehicle horn or other warning device except where

required or authorized by law or in accordance with good safety practices

7 The use of engine air brakes or lsquojackrsquo brakes

8 Unauthorized setting off of fireworks

Noise Control By-law

Schedule 2 ndash Prohibited Noise by Time and Place

Prohibited Times

Type of Noise Quiet Zone Residential

1 The operation of any electronic devices or group of connected electronic devices incorporating one or more loud speakers or other electromechanically transducers and intended for the production reproduction or amplification of sound

At All Times

900 ndash 700 am (900 Sundays)

1100 pm ndash 700 am

2 The operation of any auditory signaling device including but not limited to the ringing of bells or gongs and the 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

At All Times

900 ndash 700 am (900 Sundays)

All day Sundays and Statutory Holidays

1100 pm ndash 700 am

3 Yelling shouting hooting whistling or singing

At All Times 900 ndash 700 am

1100 pm ndash 700 am

4 All selling or advertising by shouting or outcry of amplified sound

At All Times 900 ndash 700 am

All day Sundays and Statutory Holidays

4 Loading unloading delivering packing unpacking or otherwise handling any containers products materials or refuse whatsoever unless necessary for the maintenance of essential services or the moving of private household effects

900 ndash 700 am All day Sundays and Statutory Holidays

1100 pm ndash 700 am

Statutory Holidays

900 ndash 700 am All day Sundays and Statutory Holidays

1100 pm ndash 700 am

Statutory Holidays

5 The operation of any activity or equipment in connection with construction or demolition save and except pursuant to Section 4 or where the Director of Public Works has granted an exemption pursuant to Section 5

900 ndash 700 am All day Sundays and Statutory Holidays

1100 pm ndash 700 am

Statutory Holidays

900 pm ndash 700 am

All day Sundays and Statutory Holidays

1100 pm ndash 700 am

Statutory Holidays

Noise Control By-law

Prohibited Times

Type of Noise Quiet Zone Residential

6 The operation of any activity or equipment in connection with the removal of dust and other debris from private parking lots abutting or sharing a property line with residential properties

1100 pm ndash 700 am

Statutory Holidays

1100 pm ndash 700 am

Statutory Holidays

Noise Control By-law

Schedule 3 ndash Exempted Noise

1 The use of bells or chimes normally associated with church activities

2 Parades authorized by the Town of Arnprior

3 Any special event held by the Town of Arnprior

4 Any fireworks displays authorized or permitted by the Town and in compliance with all applicable legislation including the Fireworks By-law

5 All activities associated with the Arnprior Fair

6 Sporting recreational and entertainment events in public parks or town buildings authorized by the Town of Arnprior

7 Musical and other performances in public parks or town buildings authorized by the Town of Arnprior

8 Special neighbourhood social activities on streets or other public land authorized by the Town of Arnprior

9 Aviation activities at the Arnprior Airport

10 Snow clearing road maintenance infrastructure repairs and road construction vehicles and equipment operated by the Town of Arnprior or its agents andor contractors

11 Any snow removal activities which are essential for the effective operation of a business

12 Sound emanating from the Fire Hall alarm or the sirens of any emergency vehicle equipment or activities while engaged in providing emergency work or responding to an emergency or during testing of the emergency warning siren

13 Any reasonable noise resulting from the operation of a business activity provided that such noise is part of the normal operation of the business and provided that the business is operating in compliance with the Townrsquos Zoning By-laws and all other applicable by-laws

Page 13: ARNPRIORarnprior.ca/wp-system/uploads/2013/12/Council... · 11/09/2017  · • August 30,2017 - County of Renfrew Council Meeting 14. Correspondence & Petitions a) Correspondence

6

Next Steps

bull Draft By-law provided to Council forfeedback

bull Provide notice of Draft By-law to Public

bull Obtain feedback from Public

bull By-law for consideration to Council

11

Questions

12

The Corporation of the Town of Arnprior

By-law Number xxxx-17

Being a By-law to Control Noise

Whereas the making creation or maintenance of excessive unreasonable or nuisance noise within The Corporation of the Town of Arnprior affects and is a detriment to public health comfort convenience safety and welfare of the people of the municipality and

Whereas it is in the public interest to reduce the noise level within the municipality so as to preserve protect and promote the public health safety welfare and peace and quiet of the inhabitants thereof and

Whereas the Municipal Act 2001 SO 2001 C25 s 129 as amended authorizes Municipal Councils to pass by-laws to prohibit and regulate noise

Now Therefore the Council of the Corporation of the Town of Arnprior hereby enacts as follows

1 Definitions

In this By-Law

11 ldquoChief Administrative Officerrdquo means the person appointed as the Chief Administrative Officer of the Town within the meaning of the Municipal Act 2001

12 lsquoChief Building Officialrsquo means the person appointed as the Chief Building Official of the Town within the meaning of the Building Code Act 50 1992 c 23 as amended

13 lsquoclearly audiblersquo means a noise level that a reasonable person would consider to be excessive or unnecessary or intrusive or disturbing or unacceptable

14 lsquoconstructionrsquo includes but is not limited to erection alteration repair dismantling demolition structural maintenance painting moving land clearing earth moving grading excavating the laying of pipe and conduit whether above or below ground level street and highway building the manufacturing of material used for highway construction concreting equipment installation and alteration and the structural installation of

tdavis
Typewritten Text
tdavis
Typewritten Text
tdavis
Typewritten Text
Appendix A

Noise Control By-law

construction components and materials in any form or for any purpose and includes any work in connection therewith

15 lsquoconstruction equipmentrsquo means any equipment device or motorized

conveyance designed and intended for use in construction or material handling including but not limited to hand tools power tools air compressors pile drives pneumatic or hydraulic tools bulldozers tractors excavators trenchers cranes derricks loaders scrapers pavers generations off-highway haulers or trucks ditchers compactors and rollers pumps concrete mixers graders or material handling equipment

16 lsquoconveyancersquo includes a vehicle and any other device employed to transport a

person or persons or goods from place to place but does not include any such device or vehicle if operated only within the premises of a person

17 lsquoCouncilrsquo means the Council of the Corporation of the Town of Arnprior 18 lsquoDirector of Public Worksrsquo means the person appointed by Council as

Director of Public Works for the Town 19 lsquoFire Chiefrsquo means the person appointed as the Fire Chief of the Town within

the meaning of the Fire Protection and Prevention Act SO 1997 c4 as amended

110 lsquohighwayrsquo includes a common and public highway street avenue parkway

driveway square place bridge viaduct or trestle designed and intended for or used by the general public for the passage of vehicles

111 lsquoinhabitantsrsquo means one or more persons who reside in the Town of Arnprior 112 lsquomotor vehiclersquo includes an automobile motorcycle and any other vehicle

propelled or driven otherwise than by muscular power but does not include the cars of electric or steam railways or other motor vehicles running only upon rails or a motorized snow vehicle traction engine farm tractor self-propelled implement of husbandry or road-building machine within the meaning of The Highway Traffic Act

113 lsquomotorized conveyancersquo means a conveyance propelled or driven otherwise

than by muscular gravitational or wind power 114 lsquomunicipalityrsquo means the land within the geographic limit of the Town of

Arnprior

Noise Control By-law

115 lsquonuisance noisersquo means any loud unnecessary unusual or unreasonable

sound or vibration which annoys disturbs injures endangers or distracts from the comfort repose health peace andor safety of any reasonable person as determined by an officer

116 lsquoofficerrsquo means any member of the Ontario Provincial Police force and any

other police force police constable or By-law Enforcement Officer designated officer or other person appointed and employed by the Town of Arnprior for preservation and maintenance of public peace

117 lsquopersonrsquo means any individual and includes firm partnership association

corporation company or groups of persons 118 lsquopoint of receptionrsquo means any point on the premises of a person where

sound or vibration originating from other than those premises is received 119 lsquopremises means a building or structure or part of a build or structure the

lands appurtenant to the building or structure all mobile homes mobile buildings or mobile structures and includes vacant land

120 lsquoResidential Arearsquo means those areas of the Municipality specified as follows

those areas of the municipality zoned for residential use in any by-law in force from time to time passed pursuant to Section 34 of The Planning Act RSO 1990 Chapter P13 or any predecessor or successor of that Section

121 lsquoTown of Arnpriorrsquo means the Corporation of the Town of Arnprior

122 lsquoQuiet Zonersquo means the area and block municipally known as the Arnprior and District Memorial Hospital (Arnprior Regional Health) and illustrated in Appendix lsquoArdquo attached hereto

2 Regulations

21 No person shall emit or cause or permit to be caused any nuisance noise clearly audible at a point of reception listed in ldquoSchedule 1 ndash Prohibited Noiserdquo

22 No person shall cause or permit to be caused any nuisance noise audible at a

point of reception listed in ldquoSchedule 2 ndash Prohibited Noiserdquo by Time and Place where the noise occurs during the prohibited times specified in the schedule

23 Notwithstanding any other provision in this by-law a person may cause or

permit to be caused any nuisance noise audible at a point of reception provided the noise is in connection with any of the activities listed in ldquoSchedule 3 ndash Exempted Noiserdquo

Noise Control By-law

24 Notwithstanding any other provisions in this bylaw a person may cause or permit to be caused any nuisance noise audible at a point of reception in connection with a legitimate emergency for the protection of the immediate health safety or welfare of the inhabitants of the Town or for the preservation or protection of property or any Town infrastructure and critical Town services as may be determined by the Director of Public Works the Fire Chief the Chief Building Official the Chief Administrative Officer or an Officer

3 Nuisance Noise Prohibited At Any Time

31 No person shall cause or permit any nuisance noise which is clearly audible at the point of reception

4 Exemptions by Council

41 Notwithstanding anything contained in this by-law any person may no later than sixty (60) days prior to the date of which an exemption may be requested make a request to Council application in writing to be granted an exemption for 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 exemption 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 and any such request for exemption shall contain the following

a) the name and address of the applicant

b) the location of the event or activity for which the exemption is being sought

c) a description of the source of sound for which the exemption is being sought

d) the dates and period of time for which the exemption is being sought

42 The Council of the Town of Arnprior may by by-bylaw grant the exemption applied for or any exemption of lesser effect or refuse to grant an exemption Any exemption granted shall specify the time period during which it is effective and may contain such terms and conditions as the Council sees fit

43 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

Noise Control By-law

44 Breach by the applicant of any of the terms or conditions of any exemption granted by Council shall render the exemption null and void

5 Exemption ndash Municipal Construction Projects 51 That the Director of Public Works is delegated the authority to grant an

exemption to any section of this by-law provided it relates to a Town of Arnprior construction project repair or activity subject to the following conditions

a) That each individual request be reviewed by the Director of Public Works

prior to any work taking place during the requested hours to determine if the request is justified

b) That construction communication notices be sent to all members of Council as well as surrounding residents and business owners within a 200 meter radius of the area where the municipal construction activity is occurring advising them of the impending work at least two (2) calendar days prior to the works being undertaken

c) That the construction communication notices to residents and business owners include contact information for the contractor

d) That the Director of Public Works monitor and investigate any complaints regarding construction noise

e) That the applicant take measures to minimize any unnecessary noise such as idling of construction vehicles unnecessary revving of engines use of airbrakes and to maintain equipment in good working order (including muffling devices) to minimize noise impacts or other measures as may be prescribed by the Director of Public Works and

f) That no construction takes place on Statutory Holidays

g) That all exemptions be issued in writing bearing the signature of the Director of Public Works or authorized designate

6 Vexatious Complaints

61 Where an officer has determined that a complaint has been filed for a malicious or vexatious reasons or as part of an ongoing pattern of harassment and does not involve a matter of serious health safety or breach of the Noise By-law the officer may cease the investigation and close the file with no further action being taken

Noise Control By-law

7 Severability

71 If a court of competent jurisdiction should declare any section or park of a section of this by-law to be invalid such section of 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 force

8 Penalty

81 Every person who contravenes any of the provisions of this by-law is guilty of an offence and shall upon conviction thereof is liable to a fine exclusive of costs and every such fine is recoverable under in the Provincial Offences Act RSO 1990 cP 33 as amended

82 A person who is convicted of an offence under this by-law is liable for each

day or part of a day that the offence continues to a minimum fine of $25000 and a maximum fine of $1000000 and the total of all of the daily fines for the offence is $10000000 as provided for in subsection 429(3)2 of the Municipal Act 2001 S0 2001 c25 as amended

9 Repeal

91 That By-law No 5974-11 and any other by-laws resolutions or parts of by-

laws or resolutions inconsistent with the provisions contained in this by-law are hereby repealed

10 Enactment 101 This by-law shall come into full force and take effect upon the passing thereof Enacted and Passed this day of 2017 ___________________________ __________________________ Mayor Clerk

Noise Control By-law

Appendix A ndash Quiet Zone

Noise Control By-law

Schedule 1 ndash Nuisance Noise Prohibited

1 Allowing the persistent barking calling whining or other similar persistent noise-

making by any domestic pet or any other animal kept or used for any purpose other than agriculture

2 The racing of any motorized conveyance other than in a racing event regulated by law

3 The revving of a motor vehicle engine or the squealing of tires as a result of the operation of a motor vehicle

4 The operation of a motor vehicle motorized equipment construction equipment or pneumatic device without an exhaust muffling device in good working order

5 The operation of a motor vehicle or a motor vehicle with a trailer resulting in banging clanking squealing or other like sound due to improperly secured load or equipment or inadequate maintenance

6 The operation of a motor vehicle horn or other warning device except where

required or authorized by law or in accordance with good safety practices

7 The use of engine air brakes or lsquojackrsquo brakes

8 Unauthorized setting off of fireworks

Noise Control By-law

Schedule 2 ndash Prohibited Noise by Time and Place

Prohibited Times

Type of Noise Quiet Zone Residential

1 The operation of any electronic devices or group of connected electronic devices incorporating one or more loud speakers or other electromechanically transducers and intended for the production reproduction or amplification of sound

At All Times

900 ndash 700 am (900 Sundays)

1100 pm ndash 700 am

2 The operation of any auditory signaling device including but not limited to the ringing of bells or gongs and the 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

At All Times

900 ndash 700 am (900 Sundays)

All day Sundays and Statutory Holidays

1100 pm ndash 700 am

3 Yelling shouting hooting whistling or singing

At All Times 900 ndash 700 am

1100 pm ndash 700 am

4 All selling or advertising by shouting or outcry of amplified sound

At All Times 900 ndash 700 am

All day Sundays and Statutory Holidays

4 Loading unloading delivering packing unpacking or otherwise handling any containers products materials or refuse whatsoever unless necessary for the maintenance of essential services or the moving of private household effects

900 ndash 700 am All day Sundays and Statutory Holidays

1100 pm ndash 700 am

Statutory Holidays

900 ndash 700 am All day Sundays and Statutory Holidays

1100 pm ndash 700 am

Statutory Holidays

5 The operation of any activity or equipment in connection with construction or demolition save and except pursuant to Section 4 or where the Director of Public Works has granted an exemption pursuant to Section 5

900 ndash 700 am All day Sundays and Statutory Holidays

1100 pm ndash 700 am

Statutory Holidays

900 pm ndash 700 am

All day Sundays and Statutory Holidays

1100 pm ndash 700 am

Statutory Holidays

Noise Control By-law

Prohibited Times

Type of Noise Quiet Zone Residential

6 The operation of any activity or equipment in connection with the removal of dust and other debris from private parking lots abutting or sharing a property line with residential properties

1100 pm ndash 700 am

Statutory Holidays

1100 pm ndash 700 am

Statutory Holidays

Noise Control By-law

Schedule 3 ndash Exempted Noise

1 The use of bells or chimes normally associated with church activities

2 Parades authorized by the Town of Arnprior

3 Any special event held by the Town of Arnprior

4 Any fireworks displays authorized or permitted by the Town and in compliance with all applicable legislation including the Fireworks By-law

5 All activities associated with the Arnprior Fair

6 Sporting recreational and entertainment events in public parks or town buildings authorized by the Town of Arnprior

7 Musical and other performances in public parks or town buildings authorized by the Town of Arnprior

8 Special neighbourhood social activities on streets or other public land authorized by the Town of Arnprior

9 Aviation activities at the Arnprior Airport

10 Snow clearing road maintenance infrastructure repairs and road construction vehicles and equipment operated by the Town of Arnprior or its agents andor contractors

11 Any snow removal activities which are essential for the effective operation of a business

12 Sound emanating from the Fire Hall alarm or the sirens of any emergency vehicle equipment or activities while engaged in providing emergency work or responding to an emergency or during testing of the emergency warning siren

13 Any reasonable noise resulting from the operation of a business activity provided that such noise is part of the normal operation of the business and provided that the business is operating in compliance with the Townrsquos Zoning By-laws and all other applicable by-laws

Page 14: ARNPRIORarnprior.ca/wp-system/uploads/2013/12/Council... · 11/09/2017  · • August 30,2017 - County of Renfrew Council Meeting 14. Correspondence & Petitions a) Correspondence

The Corporation of the Town of Arnprior

By-law Number xxxx-17

Being a By-law to Control Noise

Whereas the making creation or maintenance of excessive unreasonable or nuisance noise within The Corporation of the Town of Arnprior affects and is a detriment to public health comfort convenience safety and welfare of the people of the municipality and

Whereas it is in the public interest to reduce the noise level within the municipality so as to preserve protect and promote the public health safety welfare and peace and quiet of the inhabitants thereof and

Whereas the Municipal Act 2001 SO 2001 C25 s 129 as amended authorizes Municipal Councils to pass by-laws to prohibit and regulate noise

Now Therefore the Council of the Corporation of the Town of Arnprior hereby enacts as follows

1 Definitions

In this By-Law

11 ldquoChief Administrative Officerrdquo means the person appointed as the Chief Administrative Officer of the Town within the meaning of the Municipal Act 2001

12 lsquoChief Building Officialrsquo means the person appointed as the Chief Building Official of the Town within the meaning of the Building Code Act 50 1992 c 23 as amended

13 lsquoclearly audiblersquo means a noise level that a reasonable person would consider to be excessive or unnecessary or intrusive or disturbing or unacceptable

14 lsquoconstructionrsquo includes but is not limited to erection alteration repair dismantling demolition structural maintenance painting moving land clearing earth moving grading excavating the laying of pipe and conduit whether above or below ground level street and highway building the manufacturing of material used for highway construction concreting equipment installation and alteration and the structural installation of

tdavis
Typewritten Text
tdavis
Typewritten Text
tdavis
Typewritten Text
Appendix A

Noise Control By-law

construction components and materials in any form or for any purpose and includes any work in connection therewith

15 lsquoconstruction equipmentrsquo means any equipment device or motorized

conveyance designed and intended for use in construction or material handling including but not limited to hand tools power tools air compressors pile drives pneumatic or hydraulic tools bulldozers tractors excavators trenchers cranes derricks loaders scrapers pavers generations off-highway haulers or trucks ditchers compactors and rollers pumps concrete mixers graders or material handling equipment

16 lsquoconveyancersquo includes a vehicle and any other device employed to transport a

person or persons or goods from place to place but does not include any such device or vehicle if operated only within the premises of a person

17 lsquoCouncilrsquo means the Council of the Corporation of the Town of Arnprior 18 lsquoDirector of Public Worksrsquo means the person appointed by Council as

Director of Public Works for the Town 19 lsquoFire Chiefrsquo means the person appointed as the Fire Chief of the Town within

the meaning of the Fire Protection and Prevention Act SO 1997 c4 as amended

110 lsquohighwayrsquo includes a common and public highway street avenue parkway

driveway square place bridge viaduct or trestle designed and intended for or used by the general public for the passage of vehicles

111 lsquoinhabitantsrsquo means one or more persons who reside in the Town of Arnprior 112 lsquomotor vehiclersquo includes an automobile motorcycle and any other vehicle

propelled or driven otherwise than by muscular power but does not include the cars of electric or steam railways or other motor vehicles running only upon rails or a motorized snow vehicle traction engine farm tractor self-propelled implement of husbandry or road-building machine within the meaning of The Highway Traffic Act

113 lsquomotorized conveyancersquo means a conveyance propelled or driven otherwise

than by muscular gravitational or wind power 114 lsquomunicipalityrsquo means the land within the geographic limit of the Town of

Arnprior

Noise Control By-law

115 lsquonuisance noisersquo means any loud unnecessary unusual or unreasonable

sound or vibration which annoys disturbs injures endangers or distracts from the comfort repose health peace andor safety of any reasonable person as determined by an officer

116 lsquoofficerrsquo means any member of the Ontario Provincial Police force and any

other police force police constable or By-law Enforcement Officer designated officer or other person appointed and employed by the Town of Arnprior for preservation and maintenance of public peace

117 lsquopersonrsquo means any individual and includes firm partnership association

corporation company or groups of persons 118 lsquopoint of receptionrsquo means any point on the premises of a person where

sound or vibration originating from other than those premises is received 119 lsquopremises means a building or structure or part of a build or structure the

lands appurtenant to the building or structure all mobile homes mobile buildings or mobile structures and includes vacant land

120 lsquoResidential Arearsquo means those areas of the Municipality specified as follows

those areas of the municipality zoned for residential use in any by-law in force from time to time passed pursuant to Section 34 of The Planning Act RSO 1990 Chapter P13 or any predecessor or successor of that Section

121 lsquoTown of Arnpriorrsquo means the Corporation of the Town of Arnprior

122 lsquoQuiet Zonersquo means the area and block municipally known as the Arnprior and District Memorial Hospital (Arnprior Regional Health) and illustrated in Appendix lsquoArdquo attached hereto

2 Regulations

21 No person shall emit or cause or permit to be caused any nuisance noise clearly audible at a point of reception listed in ldquoSchedule 1 ndash Prohibited Noiserdquo

22 No person shall cause or permit to be caused any nuisance noise audible at a

point of reception listed in ldquoSchedule 2 ndash Prohibited Noiserdquo by Time and Place where the noise occurs during the prohibited times specified in the schedule

23 Notwithstanding any other provision in this by-law a person may cause or

permit to be caused any nuisance noise audible at a point of reception provided the noise is in connection with any of the activities listed in ldquoSchedule 3 ndash Exempted Noiserdquo

Noise Control By-law

24 Notwithstanding any other provisions in this bylaw a person may cause or permit to be caused any nuisance noise audible at a point of reception in connection with a legitimate emergency for the protection of the immediate health safety or welfare of the inhabitants of the Town or for the preservation or protection of property or any Town infrastructure and critical Town services as may be determined by the Director of Public Works the Fire Chief the Chief Building Official the Chief Administrative Officer or an Officer

3 Nuisance Noise Prohibited At Any Time

31 No person shall cause or permit any nuisance noise which is clearly audible at the point of reception

4 Exemptions by Council

41 Notwithstanding anything contained in this by-law any person may no later than sixty (60) days prior to the date of which an exemption may be requested make a request to Council application in writing to be granted an exemption for 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 exemption 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 and any such request for exemption shall contain the following

a) the name and address of the applicant

b) the location of the event or activity for which the exemption is being sought

c) a description of the source of sound for which the exemption is being sought

d) the dates and period of time for which the exemption is being sought

42 The Council of the Town of Arnprior may by by-bylaw grant the exemption applied for or any exemption of lesser effect or refuse to grant an exemption Any exemption granted shall specify the time period during which it is effective and may contain such terms and conditions as the Council sees fit

43 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

Noise Control By-law

44 Breach by the applicant of any of the terms or conditions of any exemption granted by Council shall render the exemption null and void

5 Exemption ndash Municipal Construction Projects 51 That the Director of Public Works is delegated the authority to grant an

exemption to any section of this by-law provided it relates to a Town of Arnprior construction project repair or activity subject to the following conditions

a) That each individual request be reviewed by the Director of Public Works

prior to any work taking place during the requested hours to determine if the request is justified

b) That construction communication notices be sent to all members of Council as well as surrounding residents and business owners within a 200 meter radius of the area where the municipal construction activity is occurring advising them of the impending work at least two (2) calendar days prior to the works being undertaken

c) That the construction communication notices to residents and business owners include contact information for the contractor

d) That the Director of Public Works monitor and investigate any complaints regarding construction noise

e) That the applicant take measures to minimize any unnecessary noise such as idling of construction vehicles unnecessary revving of engines use of airbrakes and to maintain equipment in good working order (including muffling devices) to minimize noise impacts or other measures as may be prescribed by the Director of Public Works and

f) That no construction takes place on Statutory Holidays

g) That all exemptions be issued in writing bearing the signature of the Director of Public Works or authorized designate

6 Vexatious Complaints

61 Where an officer has determined that a complaint has been filed for a malicious or vexatious reasons or as part of an ongoing pattern of harassment and does not involve a matter of serious health safety or breach of the Noise By-law the officer may cease the investigation and close the file with no further action being taken

Noise Control By-law

7 Severability

71 If a court of competent jurisdiction should declare any section or park of a section of this by-law to be invalid such section of 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 force

8 Penalty

81 Every person who contravenes any of the provisions of this by-law is guilty of an offence and shall upon conviction thereof is liable to a fine exclusive of costs and every such fine is recoverable under in the Provincial Offences Act RSO 1990 cP 33 as amended

82 A person who is convicted of an offence under this by-law is liable for each

day or part of a day that the offence continues to a minimum fine of $25000 and a maximum fine of $1000000 and the total of all of the daily fines for the offence is $10000000 as provided for in subsection 429(3)2 of the Municipal Act 2001 S0 2001 c25 as amended

9 Repeal

91 That By-law No 5974-11 and any other by-laws resolutions or parts of by-

laws or resolutions inconsistent with the provisions contained in this by-law are hereby repealed

10 Enactment 101 This by-law shall come into full force and take effect upon the passing thereof Enacted and Passed this day of 2017 ___________________________ __________________________ Mayor Clerk

Noise Control By-law

Appendix A ndash Quiet Zone

Noise Control By-law

Schedule 1 ndash Nuisance Noise Prohibited

1 Allowing the persistent barking calling whining or other similar persistent noise-

making by any domestic pet or any other animal kept or used for any purpose other than agriculture

2 The racing of any motorized conveyance other than in a racing event regulated by law

3 The revving of a motor vehicle engine or the squealing of tires as a result of the operation of a motor vehicle

4 The operation of a motor vehicle motorized equipment construction equipment or pneumatic device without an exhaust muffling device in good working order

5 The operation of a motor vehicle or a motor vehicle with a trailer resulting in banging clanking squealing or other like sound due to improperly secured load or equipment or inadequate maintenance

6 The operation of a motor vehicle horn or other warning device except where

required or authorized by law or in accordance with good safety practices

7 The use of engine air brakes or lsquojackrsquo brakes

8 Unauthorized setting off of fireworks

Noise Control By-law

Schedule 2 ndash Prohibited Noise by Time and Place

Prohibited Times

Type of Noise Quiet Zone Residential

1 The operation of any electronic devices or group of connected electronic devices incorporating one or more loud speakers or other electromechanically transducers and intended for the production reproduction or amplification of sound

At All Times

900 ndash 700 am (900 Sundays)

1100 pm ndash 700 am

2 The operation of any auditory signaling device including but not limited to the ringing of bells or gongs and the 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

At All Times

900 ndash 700 am (900 Sundays)

All day Sundays and Statutory Holidays

1100 pm ndash 700 am

3 Yelling shouting hooting whistling or singing

At All Times 900 ndash 700 am

1100 pm ndash 700 am

4 All selling or advertising by shouting or outcry of amplified sound

At All Times 900 ndash 700 am

All day Sundays and Statutory Holidays

4 Loading unloading delivering packing unpacking or otherwise handling any containers products materials or refuse whatsoever unless necessary for the maintenance of essential services or the moving of private household effects

900 ndash 700 am All day Sundays and Statutory Holidays

1100 pm ndash 700 am

Statutory Holidays

900 ndash 700 am All day Sundays and Statutory Holidays

1100 pm ndash 700 am

Statutory Holidays

5 The operation of any activity or equipment in connection with construction or demolition save and except pursuant to Section 4 or where the Director of Public Works has granted an exemption pursuant to Section 5

900 ndash 700 am All day Sundays and Statutory Holidays

1100 pm ndash 700 am

Statutory Holidays

900 pm ndash 700 am

All day Sundays and Statutory Holidays

1100 pm ndash 700 am

Statutory Holidays

Noise Control By-law

Prohibited Times

Type of Noise Quiet Zone Residential

6 The operation of any activity or equipment in connection with the removal of dust and other debris from private parking lots abutting or sharing a property line with residential properties

1100 pm ndash 700 am

Statutory Holidays

1100 pm ndash 700 am

Statutory Holidays

Noise Control By-law

Schedule 3 ndash Exempted Noise

1 The use of bells or chimes normally associated with church activities

2 Parades authorized by the Town of Arnprior

3 Any special event held by the Town of Arnprior

4 Any fireworks displays authorized or permitted by the Town and in compliance with all applicable legislation including the Fireworks By-law

5 All activities associated with the Arnprior Fair

6 Sporting recreational and entertainment events in public parks or town buildings authorized by the Town of Arnprior

7 Musical and other performances in public parks or town buildings authorized by the Town of Arnprior

8 Special neighbourhood social activities on streets or other public land authorized by the Town of Arnprior

9 Aviation activities at the Arnprior Airport

10 Snow clearing road maintenance infrastructure repairs and road construction vehicles and equipment operated by the Town of Arnprior or its agents andor contractors

11 Any snow removal activities which are essential for the effective operation of a business

12 Sound emanating from the Fire Hall alarm or the sirens of any emergency vehicle equipment or activities while engaged in providing emergency work or responding to an emergency or during testing of the emergency warning siren

13 Any reasonable noise resulting from the operation of a business activity provided that such noise is part of the normal operation of the business and provided that the business is operating in compliance with the Townrsquos Zoning By-laws and all other applicable by-laws

Page 15: ARNPRIORarnprior.ca/wp-system/uploads/2013/12/Council... · 11/09/2017  · • August 30,2017 - County of Renfrew Council Meeting 14. Correspondence & Petitions a) Correspondence

Noise Control By-law

construction components and materials in any form or for any purpose and includes any work in connection therewith

15 lsquoconstruction equipmentrsquo means any equipment device or motorized

conveyance designed and intended for use in construction or material handling including but not limited to hand tools power tools air compressors pile drives pneumatic or hydraulic tools bulldozers tractors excavators trenchers cranes derricks loaders scrapers pavers generations off-highway haulers or trucks ditchers compactors and rollers pumps concrete mixers graders or material handling equipment

16 lsquoconveyancersquo includes a vehicle and any other device employed to transport a

person or persons or goods from place to place but does not include any such device or vehicle if operated only within the premises of a person

17 lsquoCouncilrsquo means the Council of the Corporation of the Town of Arnprior 18 lsquoDirector of Public Worksrsquo means the person appointed by Council as

Director of Public Works for the Town 19 lsquoFire Chiefrsquo means the person appointed as the Fire Chief of the Town within

the meaning of the Fire Protection and Prevention Act SO 1997 c4 as amended

110 lsquohighwayrsquo includes a common and public highway street avenue parkway

driveway square place bridge viaduct or trestle designed and intended for or used by the general public for the passage of vehicles

111 lsquoinhabitantsrsquo means one or more persons who reside in the Town of Arnprior 112 lsquomotor vehiclersquo includes an automobile motorcycle and any other vehicle

propelled or driven otherwise than by muscular power but does not include the cars of electric or steam railways or other motor vehicles running only upon rails or a motorized snow vehicle traction engine farm tractor self-propelled implement of husbandry or road-building machine within the meaning of The Highway Traffic Act

113 lsquomotorized conveyancersquo means a conveyance propelled or driven otherwise

than by muscular gravitational or wind power 114 lsquomunicipalityrsquo means the land within the geographic limit of the Town of

Arnprior

Noise Control By-law

115 lsquonuisance noisersquo means any loud unnecessary unusual or unreasonable

sound or vibration which annoys disturbs injures endangers or distracts from the comfort repose health peace andor safety of any reasonable person as determined by an officer

116 lsquoofficerrsquo means any member of the Ontario Provincial Police force and any

other police force police constable or By-law Enforcement Officer designated officer or other person appointed and employed by the Town of Arnprior for preservation and maintenance of public peace

117 lsquopersonrsquo means any individual and includes firm partnership association

corporation company or groups of persons 118 lsquopoint of receptionrsquo means any point on the premises of a person where

sound or vibration originating from other than those premises is received 119 lsquopremises means a building or structure or part of a build or structure the

lands appurtenant to the building or structure all mobile homes mobile buildings or mobile structures and includes vacant land

120 lsquoResidential Arearsquo means those areas of the Municipality specified as follows

those areas of the municipality zoned for residential use in any by-law in force from time to time passed pursuant to Section 34 of The Planning Act RSO 1990 Chapter P13 or any predecessor or successor of that Section

121 lsquoTown of Arnpriorrsquo means the Corporation of the Town of Arnprior

122 lsquoQuiet Zonersquo means the area and block municipally known as the Arnprior and District Memorial Hospital (Arnprior Regional Health) and illustrated in Appendix lsquoArdquo attached hereto

2 Regulations

21 No person shall emit or cause or permit to be caused any nuisance noise clearly audible at a point of reception listed in ldquoSchedule 1 ndash Prohibited Noiserdquo

22 No person shall cause or permit to be caused any nuisance noise audible at a

point of reception listed in ldquoSchedule 2 ndash Prohibited Noiserdquo by Time and Place where the noise occurs during the prohibited times specified in the schedule

23 Notwithstanding any other provision in this by-law a person may cause or

permit to be caused any nuisance noise audible at a point of reception provided the noise is in connection with any of the activities listed in ldquoSchedule 3 ndash Exempted Noiserdquo

Noise Control By-law

24 Notwithstanding any other provisions in this bylaw a person may cause or permit to be caused any nuisance noise audible at a point of reception in connection with a legitimate emergency for the protection of the immediate health safety or welfare of the inhabitants of the Town or for the preservation or protection of property or any Town infrastructure and critical Town services as may be determined by the Director of Public Works the Fire Chief the Chief Building Official the Chief Administrative Officer or an Officer

3 Nuisance Noise Prohibited At Any Time

31 No person shall cause or permit any nuisance noise which is clearly audible at the point of reception

4 Exemptions by Council

41 Notwithstanding anything contained in this by-law any person may no later than sixty (60) days prior to the date of which an exemption may be requested make a request to Council application in writing to be granted an exemption for 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 exemption 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 and any such request for exemption shall contain the following

a) the name and address of the applicant

b) the location of the event or activity for which the exemption is being sought

c) a description of the source of sound for which the exemption is being sought

d) the dates and period of time for which the exemption is being sought

42 The Council of the Town of Arnprior may by by-bylaw grant the exemption applied for or any exemption of lesser effect or refuse to grant an exemption Any exemption granted shall specify the time period during which it is effective and may contain such terms and conditions as the Council sees fit

43 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

Noise Control By-law

44 Breach by the applicant of any of the terms or conditions of any exemption granted by Council shall render the exemption null and void

5 Exemption ndash Municipal Construction Projects 51 That the Director of Public Works is delegated the authority to grant an

exemption to any section of this by-law provided it relates to a Town of Arnprior construction project repair or activity subject to the following conditions

a) That each individual request be reviewed by the Director of Public Works

prior to any work taking place during the requested hours to determine if the request is justified

b) That construction communication notices be sent to all members of Council as well as surrounding residents and business owners within a 200 meter radius of the area where the municipal construction activity is occurring advising them of the impending work at least two (2) calendar days prior to the works being undertaken

c) That the construction communication notices to residents and business owners include contact information for the contractor

d) That the Director of Public Works monitor and investigate any complaints regarding construction noise

e) That the applicant take measures to minimize any unnecessary noise such as idling of construction vehicles unnecessary revving of engines use of airbrakes and to maintain equipment in good working order (including muffling devices) to minimize noise impacts or other measures as may be prescribed by the Director of Public Works and

f) That no construction takes place on Statutory Holidays

g) That all exemptions be issued in writing bearing the signature of the Director of Public Works or authorized designate

6 Vexatious Complaints

61 Where an officer has determined that a complaint has been filed for a malicious or vexatious reasons or as part of an ongoing pattern of harassment and does not involve a matter of serious health safety or breach of the Noise By-law the officer may cease the investigation and close the file with no further action being taken

Noise Control By-law

7 Severability

71 If a court of competent jurisdiction should declare any section or park of a section of this by-law to be invalid such section of 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 force

8 Penalty

81 Every person who contravenes any of the provisions of this by-law is guilty of an offence and shall upon conviction thereof is liable to a fine exclusive of costs and every such fine is recoverable under in the Provincial Offences Act RSO 1990 cP 33 as amended

82 A person who is convicted of an offence under this by-law is liable for each

day or part of a day that the offence continues to a minimum fine of $25000 and a maximum fine of $1000000 and the total of all of the daily fines for the offence is $10000000 as provided for in subsection 429(3)2 of the Municipal Act 2001 S0 2001 c25 as amended

9 Repeal

91 That By-law No 5974-11 and any other by-laws resolutions or parts of by-

laws or resolutions inconsistent with the provisions contained in this by-law are hereby repealed

10 Enactment 101 This by-law shall come into full force and take effect upon the passing thereof Enacted and Passed this day of 2017 ___________________________ __________________________ Mayor Clerk

Noise Control By-law

Appendix A ndash Quiet Zone

Noise Control By-law

Schedule 1 ndash Nuisance Noise Prohibited

1 Allowing the persistent barking calling whining or other similar persistent noise-

making by any domestic pet or any other animal kept or used for any purpose other than agriculture

2 The racing of any motorized conveyance other than in a racing event regulated by law

3 The revving of a motor vehicle engine or the squealing of tires as a result of the operation of a motor vehicle

4 The operation of a motor vehicle motorized equipment construction equipment or pneumatic device without an exhaust muffling device in good working order

5 The operation of a motor vehicle or a motor vehicle with a trailer resulting in banging clanking squealing or other like sound due to improperly secured load or equipment or inadequate maintenance

6 The operation of a motor vehicle horn or other warning device except where

required or authorized by law or in accordance with good safety practices

7 The use of engine air brakes or lsquojackrsquo brakes

8 Unauthorized setting off of fireworks

Noise Control By-law

Schedule 2 ndash Prohibited Noise by Time and Place

Prohibited Times

Type of Noise Quiet Zone Residential

1 The operation of any electronic devices or group of connected electronic devices incorporating one or more loud speakers or other electromechanically transducers and intended for the production reproduction or amplification of sound

At All Times

900 ndash 700 am (900 Sundays)

1100 pm ndash 700 am

2 The operation of any auditory signaling device including but not limited to the ringing of bells or gongs and the 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

At All Times

900 ndash 700 am (900 Sundays)

All day Sundays and Statutory Holidays

1100 pm ndash 700 am

3 Yelling shouting hooting whistling or singing

At All Times 900 ndash 700 am

1100 pm ndash 700 am

4 All selling or advertising by shouting or outcry of amplified sound

At All Times 900 ndash 700 am

All day Sundays and Statutory Holidays

4 Loading unloading delivering packing unpacking or otherwise handling any containers products materials or refuse whatsoever unless necessary for the maintenance of essential services or the moving of private household effects

900 ndash 700 am All day Sundays and Statutory Holidays

1100 pm ndash 700 am

Statutory Holidays

900 ndash 700 am All day Sundays and Statutory Holidays

1100 pm ndash 700 am

Statutory Holidays

5 The operation of any activity or equipment in connection with construction or demolition save and except pursuant to Section 4 or where the Director of Public Works has granted an exemption pursuant to Section 5

900 ndash 700 am All day Sundays and Statutory Holidays

1100 pm ndash 700 am

Statutory Holidays

900 pm ndash 700 am

All day Sundays and Statutory Holidays

1100 pm ndash 700 am

Statutory Holidays

Noise Control By-law

Prohibited Times

Type of Noise Quiet Zone Residential

6 The operation of any activity or equipment in connection with the removal of dust and other debris from private parking lots abutting or sharing a property line with residential properties

1100 pm ndash 700 am

Statutory Holidays

1100 pm ndash 700 am

Statutory Holidays

Noise Control By-law

Schedule 3 ndash Exempted Noise

1 The use of bells or chimes normally associated with church activities

2 Parades authorized by the Town of Arnprior

3 Any special event held by the Town of Arnprior

4 Any fireworks displays authorized or permitted by the Town and in compliance with all applicable legislation including the Fireworks By-law

5 All activities associated with the Arnprior Fair

6 Sporting recreational and entertainment events in public parks or town buildings authorized by the Town of Arnprior

7 Musical and other performances in public parks or town buildings authorized by the Town of Arnprior

8 Special neighbourhood social activities on streets or other public land authorized by the Town of Arnprior

9 Aviation activities at the Arnprior Airport

10 Snow clearing road maintenance infrastructure repairs and road construction vehicles and equipment operated by the Town of Arnprior or its agents andor contractors

11 Any snow removal activities which are essential for the effective operation of a business

12 Sound emanating from the Fire Hall alarm or the sirens of any emergency vehicle equipment or activities while engaged in providing emergency work or responding to an emergency or during testing of the emergency warning siren

13 Any reasonable noise resulting from the operation of a business activity provided that such noise is part of the normal operation of the business and provided that the business is operating in compliance with the Townrsquos Zoning By-laws and all other applicable by-laws

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Noise Control By-law

115 lsquonuisance noisersquo means any loud unnecessary unusual or unreasonable

sound or vibration which annoys disturbs injures endangers or distracts from the comfort repose health peace andor safety of any reasonable person as determined by an officer

116 lsquoofficerrsquo means any member of the Ontario Provincial Police force and any

other police force police constable or By-law Enforcement Officer designated officer or other person appointed and employed by the Town of Arnprior for preservation and maintenance of public peace

117 lsquopersonrsquo means any individual and includes firm partnership association

corporation company or groups of persons 118 lsquopoint of receptionrsquo means any point on the premises of a person where

sound or vibration originating from other than those premises is received 119 lsquopremises means a building or structure or part of a build or structure the

lands appurtenant to the building or structure all mobile homes mobile buildings or mobile structures and includes vacant land

120 lsquoResidential Arearsquo means those areas of the Municipality specified as follows

those areas of the municipality zoned for residential use in any by-law in force from time to time passed pursuant to Section 34 of The Planning Act RSO 1990 Chapter P13 or any predecessor or successor of that Section

121 lsquoTown of Arnpriorrsquo means the Corporation of the Town of Arnprior

122 lsquoQuiet Zonersquo means the area and block municipally known as the Arnprior and District Memorial Hospital (Arnprior Regional Health) and illustrated in Appendix lsquoArdquo attached hereto

2 Regulations

21 No person shall emit or cause or permit to be caused any nuisance noise clearly audible at a point of reception listed in ldquoSchedule 1 ndash Prohibited Noiserdquo

22 No person shall cause or permit to be caused any nuisance noise audible at a

point of reception listed in ldquoSchedule 2 ndash Prohibited Noiserdquo by Time and Place where the noise occurs during the prohibited times specified in the schedule

23 Notwithstanding any other provision in this by-law a person may cause or

permit to be caused any nuisance noise audible at a point of reception provided the noise is in connection with any of the activities listed in ldquoSchedule 3 ndash Exempted Noiserdquo

Noise Control By-law

24 Notwithstanding any other provisions in this bylaw a person may cause or permit to be caused any nuisance noise audible at a point of reception in connection with a legitimate emergency for the protection of the immediate health safety or welfare of the inhabitants of the Town or for the preservation or protection of property or any Town infrastructure and critical Town services as may be determined by the Director of Public Works the Fire Chief the Chief Building Official the Chief Administrative Officer or an Officer

3 Nuisance Noise Prohibited At Any Time

31 No person shall cause or permit any nuisance noise which is clearly audible at the point of reception

4 Exemptions by Council

41 Notwithstanding anything contained in this by-law any person may no later than sixty (60) days prior to the date of which an exemption may be requested make a request to Council application in writing to be granted an exemption for 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 exemption 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 and any such request for exemption shall contain the following

a) the name and address of the applicant

b) the location of the event or activity for which the exemption is being sought

c) a description of the source of sound for which the exemption is being sought

d) the dates and period of time for which the exemption is being sought

42 The Council of the Town of Arnprior may by by-bylaw grant the exemption applied for or any exemption of lesser effect or refuse to grant an exemption Any exemption granted shall specify the time period during which it is effective and may contain such terms and conditions as the Council sees fit

43 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

Noise Control By-law

44 Breach by the applicant of any of the terms or conditions of any exemption granted by Council shall render the exemption null and void

5 Exemption ndash Municipal Construction Projects 51 That the Director of Public Works is delegated the authority to grant an

exemption to any section of this by-law provided it relates to a Town of Arnprior construction project repair or activity subject to the following conditions

a) That each individual request be reviewed by the Director of Public Works

prior to any work taking place during the requested hours to determine if the request is justified

b) That construction communication notices be sent to all members of Council as well as surrounding residents and business owners within a 200 meter radius of the area where the municipal construction activity is occurring advising them of the impending work at least two (2) calendar days prior to the works being undertaken

c) That the construction communication notices to residents and business owners include contact information for the contractor

d) That the Director of Public Works monitor and investigate any complaints regarding construction noise

e) That the applicant take measures to minimize any unnecessary noise such as idling of construction vehicles unnecessary revving of engines use of airbrakes and to maintain equipment in good working order (including muffling devices) to minimize noise impacts or other measures as may be prescribed by the Director of Public Works and

f) That no construction takes place on Statutory Holidays

g) That all exemptions be issued in writing bearing the signature of the Director of Public Works or authorized designate

6 Vexatious Complaints

61 Where an officer has determined that a complaint has been filed for a malicious or vexatious reasons or as part of an ongoing pattern of harassment and does not involve a matter of serious health safety or breach of the Noise By-law the officer may cease the investigation and close the file with no further action being taken

Noise Control By-law

7 Severability

71 If a court of competent jurisdiction should declare any section or park of a section of this by-law to be invalid such section of 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 force

8 Penalty

81 Every person who contravenes any of the provisions of this by-law is guilty of an offence and shall upon conviction thereof is liable to a fine exclusive of costs and every such fine is recoverable under in the Provincial Offences Act RSO 1990 cP 33 as amended

82 A person who is convicted of an offence under this by-law is liable for each

day or part of a day that the offence continues to a minimum fine of $25000 and a maximum fine of $1000000 and the total of all of the daily fines for the offence is $10000000 as provided for in subsection 429(3)2 of the Municipal Act 2001 S0 2001 c25 as amended

9 Repeal

91 That By-law No 5974-11 and any other by-laws resolutions or parts of by-

laws or resolutions inconsistent with the provisions contained in this by-law are hereby repealed

10 Enactment 101 This by-law shall come into full force and take effect upon the passing thereof Enacted and Passed this day of 2017 ___________________________ __________________________ Mayor Clerk

Noise Control By-law

Appendix A ndash Quiet Zone

Noise Control By-law

Schedule 1 ndash Nuisance Noise Prohibited

1 Allowing the persistent barking calling whining or other similar persistent noise-

making by any domestic pet or any other animal kept or used for any purpose other than agriculture

2 The racing of any motorized conveyance other than in a racing event regulated by law

3 The revving of a motor vehicle engine or the squealing of tires as a result of the operation of a motor vehicle

4 The operation of a motor vehicle motorized equipment construction equipment or pneumatic device without an exhaust muffling device in good working order

5 The operation of a motor vehicle or a motor vehicle with a trailer resulting in banging clanking squealing or other like sound due to improperly secured load or equipment or inadequate maintenance

6 The operation of a motor vehicle horn or other warning device except where

required or authorized by law or in accordance with good safety practices

7 The use of engine air brakes or lsquojackrsquo brakes

8 Unauthorized setting off of fireworks

Noise Control By-law

Schedule 2 ndash Prohibited Noise by Time and Place

Prohibited Times

Type of Noise Quiet Zone Residential

1 The operation of any electronic devices or group of connected electronic devices incorporating one or more loud speakers or other electromechanically transducers and intended for the production reproduction or amplification of sound

At All Times

900 ndash 700 am (900 Sundays)

1100 pm ndash 700 am

2 The operation of any auditory signaling device including but not limited to the ringing of bells or gongs and the 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

At All Times

900 ndash 700 am (900 Sundays)

All day Sundays and Statutory Holidays

1100 pm ndash 700 am

3 Yelling shouting hooting whistling or singing

At All Times 900 ndash 700 am

1100 pm ndash 700 am

4 All selling or advertising by shouting or outcry of amplified sound

At All Times 900 ndash 700 am

All day Sundays and Statutory Holidays

4 Loading unloading delivering packing unpacking or otherwise handling any containers products materials or refuse whatsoever unless necessary for the maintenance of essential services or the moving of private household effects

900 ndash 700 am All day Sundays and Statutory Holidays

1100 pm ndash 700 am

Statutory Holidays

900 ndash 700 am All day Sundays and Statutory Holidays

1100 pm ndash 700 am

Statutory Holidays

5 The operation of any activity or equipment in connection with construction or demolition save and except pursuant to Section 4 or where the Director of Public Works has granted an exemption pursuant to Section 5

900 ndash 700 am All day Sundays and Statutory Holidays

1100 pm ndash 700 am

Statutory Holidays

900 pm ndash 700 am

All day Sundays and Statutory Holidays

1100 pm ndash 700 am

Statutory Holidays

Noise Control By-law

Prohibited Times

Type of Noise Quiet Zone Residential

6 The operation of any activity or equipment in connection with the removal of dust and other debris from private parking lots abutting or sharing a property line with residential properties

1100 pm ndash 700 am

Statutory Holidays

1100 pm ndash 700 am

Statutory Holidays

Noise Control By-law

Schedule 3 ndash Exempted Noise

1 The use of bells or chimes normally associated with church activities

2 Parades authorized by the Town of Arnprior

3 Any special event held by the Town of Arnprior

4 Any fireworks displays authorized or permitted by the Town and in compliance with all applicable legislation including the Fireworks By-law

5 All activities associated with the Arnprior Fair

6 Sporting recreational and entertainment events in public parks or town buildings authorized by the Town of Arnprior

7 Musical and other performances in public parks or town buildings authorized by the Town of Arnprior

8 Special neighbourhood social activities on streets or other public land authorized by the Town of Arnprior

9 Aviation activities at the Arnprior Airport

10 Snow clearing road maintenance infrastructure repairs and road construction vehicles and equipment operated by the Town of Arnprior or its agents andor contractors

11 Any snow removal activities which are essential for the effective operation of a business

12 Sound emanating from the Fire Hall alarm or the sirens of any emergency vehicle equipment or activities while engaged in providing emergency work or responding to an emergency or during testing of the emergency warning siren

13 Any reasonable noise resulting from the operation of a business activity provided that such noise is part of the normal operation of the business and provided that the business is operating in compliance with the Townrsquos Zoning By-laws and all other applicable by-laws

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Noise Control By-law

24 Notwithstanding any other provisions in this bylaw a person may cause or permit to be caused any nuisance noise audible at a point of reception in connection with a legitimate emergency for the protection of the immediate health safety or welfare of the inhabitants of the Town or for the preservation or protection of property or any Town infrastructure and critical Town services as may be determined by the Director of Public Works the Fire Chief the Chief Building Official the Chief Administrative Officer or an Officer

3 Nuisance Noise Prohibited At Any Time

31 No person shall cause or permit any nuisance noise which is clearly audible at the point of reception

4 Exemptions by Council

41 Notwithstanding anything contained in this by-law any person may no later than sixty (60) days prior to the date of which an exemption may be requested make a request to Council application in writing to be granted an exemption for 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 exemption 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 and any such request for exemption shall contain the following

a) the name and address of the applicant

b) the location of the event or activity for which the exemption is being sought

c) a description of the source of sound for which the exemption is being sought

d) the dates and period of time for which the exemption is being sought

42 The Council of the Town of Arnprior may by by-bylaw grant the exemption applied for or any exemption of lesser effect or refuse to grant an exemption Any exemption granted shall specify the time period during which it is effective and may contain such terms and conditions as the Council sees fit

43 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

Noise Control By-law

44 Breach by the applicant of any of the terms or conditions of any exemption granted by Council shall render the exemption null and void

5 Exemption ndash Municipal Construction Projects 51 That the Director of Public Works is delegated the authority to grant an

exemption to any section of this by-law provided it relates to a Town of Arnprior construction project repair or activity subject to the following conditions

a) That each individual request be reviewed by the Director of Public Works

prior to any work taking place during the requested hours to determine if the request is justified

b) That construction communication notices be sent to all members of Council as well as surrounding residents and business owners within a 200 meter radius of the area where the municipal construction activity is occurring advising them of the impending work at least two (2) calendar days prior to the works being undertaken

c) That the construction communication notices to residents and business owners include contact information for the contractor

d) That the Director of Public Works monitor and investigate any complaints regarding construction noise

e) That the applicant take measures to minimize any unnecessary noise such as idling of construction vehicles unnecessary revving of engines use of airbrakes and to maintain equipment in good working order (including muffling devices) to minimize noise impacts or other measures as may be prescribed by the Director of Public Works and

f) That no construction takes place on Statutory Holidays

g) That all exemptions be issued in writing bearing the signature of the Director of Public Works or authorized designate

6 Vexatious Complaints

61 Where an officer has determined that a complaint has been filed for a malicious or vexatious reasons or as part of an ongoing pattern of harassment and does not involve a matter of serious health safety or breach of the Noise By-law the officer may cease the investigation and close the file with no further action being taken

Noise Control By-law

7 Severability

71 If a court of competent jurisdiction should declare any section or park of a section of this by-law to be invalid such section of 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 force

8 Penalty

81 Every person who contravenes any of the provisions of this by-law is guilty of an offence and shall upon conviction thereof is liable to a fine exclusive of costs and every such fine is recoverable under in the Provincial Offences Act RSO 1990 cP 33 as amended

82 A person who is convicted of an offence under this by-law is liable for each

day or part of a day that the offence continues to a minimum fine of $25000 and a maximum fine of $1000000 and the total of all of the daily fines for the offence is $10000000 as provided for in subsection 429(3)2 of the Municipal Act 2001 S0 2001 c25 as amended

9 Repeal

91 That By-law No 5974-11 and any other by-laws resolutions or parts of by-

laws or resolutions inconsistent with the provisions contained in this by-law are hereby repealed

10 Enactment 101 This by-law shall come into full force and take effect upon the passing thereof Enacted and Passed this day of 2017 ___________________________ __________________________ Mayor Clerk

Noise Control By-law

Appendix A ndash Quiet Zone

Noise Control By-law

Schedule 1 ndash Nuisance Noise Prohibited

1 Allowing the persistent barking calling whining or other similar persistent noise-

making by any domestic pet or any other animal kept or used for any purpose other than agriculture

2 The racing of any motorized conveyance other than in a racing event regulated by law

3 The revving of a motor vehicle engine or the squealing of tires as a result of the operation of a motor vehicle

4 The operation of a motor vehicle motorized equipment construction equipment or pneumatic device without an exhaust muffling device in good working order

5 The operation of a motor vehicle or a motor vehicle with a trailer resulting in banging clanking squealing or other like sound due to improperly secured load or equipment or inadequate maintenance

6 The operation of a motor vehicle horn or other warning device except where

required or authorized by law or in accordance with good safety practices

7 The use of engine air brakes or lsquojackrsquo brakes

8 Unauthorized setting off of fireworks

Noise Control By-law

Schedule 2 ndash Prohibited Noise by Time and Place

Prohibited Times

Type of Noise Quiet Zone Residential

1 The operation of any electronic devices or group of connected electronic devices incorporating one or more loud speakers or other electromechanically transducers and intended for the production reproduction or amplification of sound

At All Times

900 ndash 700 am (900 Sundays)

1100 pm ndash 700 am

2 The operation of any auditory signaling device including but not limited to the ringing of bells or gongs and the 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

At All Times

900 ndash 700 am (900 Sundays)

All day Sundays and Statutory Holidays

1100 pm ndash 700 am

3 Yelling shouting hooting whistling or singing

At All Times 900 ndash 700 am

1100 pm ndash 700 am

4 All selling or advertising by shouting or outcry of amplified sound

At All Times 900 ndash 700 am

All day Sundays and Statutory Holidays

4 Loading unloading delivering packing unpacking or otherwise handling any containers products materials or refuse whatsoever unless necessary for the maintenance of essential services or the moving of private household effects

900 ndash 700 am All day Sundays and Statutory Holidays

1100 pm ndash 700 am

Statutory Holidays

900 ndash 700 am All day Sundays and Statutory Holidays

1100 pm ndash 700 am

Statutory Holidays

5 The operation of any activity or equipment in connection with construction or demolition save and except pursuant to Section 4 or where the Director of Public Works has granted an exemption pursuant to Section 5

900 ndash 700 am All day Sundays and Statutory Holidays

1100 pm ndash 700 am

Statutory Holidays

900 pm ndash 700 am

All day Sundays and Statutory Holidays

1100 pm ndash 700 am

Statutory Holidays

Noise Control By-law

Prohibited Times

Type of Noise Quiet Zone Residential

6 The operation of any activity or equipment in connection with the removal of dust and other debris from private parking lots abutting or sharing a property line with residential properties

1100 pm ndash 700 am

Statutory Holidays

1100 pm ndash 700 am

Statutory Holidays

Noise Control By-law

Schedule 3 ndash Exempted Noise

1 The use of bells or chimes normally associated with church activities

2 Parades authorized by the Town of Arnprior

3 Any special event held by the Town of Arnprior

4 Any fireworks displays authorized or permitted by the Town and in compliance with all applicable legislation including the Fireworks By-law

5 All activities associated with the Arnprior Fair

6 Sporting recreational and entertainment events in public parks or town buildings authorized by the Town of Arnprior

7 Musical and other performances in public parks or town buildings authorized by the Town of Arnprior

8 Special neighbourhood social activities on streets or other public land authorized by the Town of Arnprior

9 Aviation activities at the Arnprior Airport

10 Snow clearing road maintenance infrastructure repairs and road construction vehicles and equipment operated by the Town of Arnprior or its agents andor contractors

11 Any snow removal activities which are essential for the effective operation of a business

12 Sound emanating from the Fire Hall alarm or the sirens of any emergency vehicle equipment or activities while engaged in providing emergency work or responding to an emergency or during testing of the emergency warning siren

13 Any reasonable noise resulting from the operation of a business activity provided that such noise is part of the normal operation of the business and provided that the business is operating in compliance with the Townrsquos Zoning By-laws and all other applicable by-laws

Page 18: ARNPRIORarnprior.ca/wp-system/uploads/2013/12/Council... · 11/09/2017  · • August 30,2017 - County of Renfrew Council Meeting 14. Correspondence & Petitions a) Correspondence

Noise Control By-law

44 Breach by the applicant of any of the terms or conditions of any exemption granted by Council shall render the exemption null and void

5 Exemption ndash Municipal Construction Projects 51 That the Director of Public Works is delegated the authority to grant an

exemption to any section of this by-law provided it relates to a Town of Arnprior construction project repair or activity subject to the following conditions

a) That each individual request be reviewed by the Director of Public Works

prior to any work taking place during the requested hours to determine if the request is justified

b) That construction communication notices be sent to all members of Council as well as surrounding residents and business owners within a 200 meter radius of the area where the municipal construction activity is occurring advising them of the impending work at least two (2) calendar days prior to the works being undertaken

c) That the construction communication notices to residents and business owners include contact information for the contractor

d) That the Director of Public Works monitor and investigate any complaints regarding construction noise

e) That the applicant take measures to minimize any unnecessary noise such as idling of construction vehicles unnecessary revving of engines use of airbrakes and to maintain equipment in good working order (including muffling devices) to minimize noise impacts or other measures as may be prescribed by the Director of Public Works and

f) That no construction takes place on Statutory Holidays

g) That all exemptions be issued in writing bearing the signature of the Director of Public Works or authorized designate

6 Vexatious Complaints

61 Where an officer has determined that a complaint has been filed for a malicious or vexatious reasons or as part of an ongoing pattern of harassment and does not involve a matter of serious health safety or breach of the Noise By-law the officer may cease the investigation and close the file with no further action being taken

Noise Control By-law

7 Severability

71 If a court of competent jurisdiction should declare any section or park of a section of this by-law to be invalid such section of 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 force

8 Penalty

81 Every person who contravenes any of the provisions of this by-law is guilty of an offence and shall upon conviction thereof is liable to a fine exclusive of costs and every such fine is recoverable under in the Provincial Offences Act RSO 1990 cP 33 as amended

82 A person who is convicted of an offence under this by-law is liable for each

day or part of a day that the offence continues to a minimum fine of $25000 and a maximum fine of $1000000 and the total of all of the daily fines for the offence is $10000000 as provided for in subsection 429(3)2 of the Municipal Act 2001 S0 2001 c25 as amended

9 Repeal

91 That By-law No 5974-11 and any other by-laws resolutions or parts of by-

laws or resolutions inconsistent with the provisions contained in this by-law are hereby repealed

10 Enactment 101 This by-law shall come into full force and take effect upon the passing thereof Enacted and Passed this day of 2017 ___________________________ __________________________ Mayor Clerk

Noise Control By-law

Appendix A ndash Quiet Zone

Noise Control By-law

Schedule 1 ndash Nuisance Noise Prohibited

1 Allowing the persistent barking calling whining or other similar persistent noise-

making by any domestic pet or any other animal kept or used for any purpose other than agriculture

2 The racing of any motorized conveyance other than in a racing event regulated by law

3 The revving of a motor vehicle engine or the squealing of tires as a result of the operation of a motor vehicle

4 The operation of a motor vehicle motorized equipment construction equipment or pneumatic device without an exhaust muffling device in good working order

5 The operation of a motor vehicle or a motor vehicle with a trailer resulting in banging clanking squealing or other like sound due to improperly secured load or equipment or inadequate maintenance

6 The operation of a motor vehicle horn or other warning device except where

required or authorized by law or in accordance with good safety practices

7 The use of engine air brakes or lsquojackrsquo brakes

8 Unauthorized setting off of fireworks

Noise Control By-law

Schedule 2 ndash Prohibited Noise by Time and Place

Prohibited Times

Type of Noise Quiet Zone Residential

1 The operation of any electronic devices or group of connected electronic devices incorporating one or more loud speakers or other electromechanically transducers and intended for the production reproduction or amplification of sound

At All Times

900 ndash 700 am (900 Sundays)

1100 pm ndash 700 am

2 The operation of any auditory signaling device including but not limited to the ringing of bells or gongs and the 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

At All Times

900 ndash 700 am (900 Sundays)

All day Sundays and Statutory Holidays

1100 pm ndash 700 am

3 Yelling shouting hooting whistling or singing

At All Times 900 ndash 700 am

1100 pm ndash 700 am

4 All selling or advertising by shouting or outcry of amplified sound

At All Times 900 ndash 700 am

All day Sundays and Statutory Holidays

4 Loading unloading delivering packing unpacking or otherwise handling any containers products materials or refuse whatsoever unless necessary for the maintenance of essential services or the moving of private household effects

900 ndash 700 am All day Sundays and Statutory Holidays

1100 pm ndash 700 am

Statutory Holidays

900 ndash 700 am All day Sundays and Statutory Holidays

1100 pm ndash 700 am

Statutory Holidays

5 The operation of any activity or equipment in connection with construction or demolition save and except pursuant to Section 4 or where the Director of Public Works has granted an exemption pursuant to Section 5

900 ndash 700 am All day Sundays and Statutory Holidays

1100 pm ndash 700 am

Statutory Holidays

900 pm ndash 700 am

All day Sundays and Statutory Holidays

1100 pm ndash 700 am

Statutory Holidays

Noise Control By-law

Prohibited Times

Type of Noise Quiet Zone Residential

6 The operation of any activity or equipment in connection with the removal of dust and other debris from private parking lots abutting or sharing a property line with residential properties

1100 pm ndash 700 am

Statutory Holidays

1100 pm ndash 700 am

Statutory Holidays

Noise Control By-law

Schedule 3 ndash Exempted Noise

1 The use of bells or chimes normally associated with church activities

2 Parades authorized by the Town of Arnprior

3 Any special event held by the Town of Arnprior

4 Any fireworks displays authorized or permitted by the Town and in compliance with all applicable legislation including the Fireworks By-law

5 All activities associated with the Arnprior Fair

6 Sporting recreational and entertainment events in public parks or town buildings authorized by the Town of Arnprior

7 Musical and other performances in public parks or town buildings authorized by the Town of Arnprior

8 Special neighbourhood social activities on streets or other public land authorized by the Town of Arnprior

9 Aviation activities at the Arnprior Airport

10 Snow clearing road maintenance infrastructure repairs and road construction vehicles and equipment operated by the Town of Arnprior or its agents andor contractors

11 Any snow removal activities which are essential for the effective operation of a business

12 Sound emanating from the Fire Hall alarm or the sirens of any emergency vehicle equipment or activities while engaged in providing emergency work or responding to an emergency or during testing of the emergency warning siren

13 Any reasonable noise resulting from the operation of a business activity provided that such noise is part of the normal operation of the business and provided that the business is operating in compliance with the Townrsquos Zoning By-laws and all other applicable by-laws

Page 19: ARNPRIORarnprior.ca/wp-system/uploads/2013/12/Council... · 11/09/2017  · • August 30,2017 - County of Renfrew Council Meeting 14. Correspondence & Petitions a) Correspondence

Noise Control By-law

7 Severability

71 If a court of competent jurisdiction should declare any section or park of a section of this by-law to be invalid such section of 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 force

8 Penalty

81 Every person who contravenes any of the provisions of this by-law is guilty of an offence and shall upon conviction thereof is liable to a fine exclusive of costs and every such fine is recoverable under in the Provincial Offences Act RSO 1990 cP 33 as amended

82 A person who is convicted of an offence under this by-law is liable for each

day or part of a day that the offence continues to a minimum fine of $25000 and a maximum fine of $1000000 and the total of all of the daily fines for the offence is $10000000 as provided for in subsection 429(3)2 of the Municipal Act 2001 S0 2001 c25 as amended

9 Repeal

91 That By-law No 5974-11 and any other by-laws resolutions or parts of by-

laws or resolutions inconsistent with the provisions contained in this by-law are hereby repealed

10 Enactment 101 This by-law shall come into full force and take effect upon the passing thereof Enacted and Passed this day of 2017 ___________________________ __________________________ Mayor Clerk

Noise Control By-law

Appendix A ndash Quiet Zone

Noise Control By-law

Schedule 1 ndash Nuisance Noise Prohibited

1 Allowing the persistent barking calling whining or other similar persistent noise-

making by any domestic pet or any other animal kept or used for any purpose other than agriculture

2 The racing of any motorized conveyance other than in a racing event regulated by law

3 The revving of a motor vehicle engine or the squealing of tires as a result of the operation of a motor vehicle

4 The operation of a motor vehicle motorized equipment construction equipment or pneumatic device without an exhaust muffling device in good working order

5 The operation of a motor vehicle or a motor vehicle with a trailer resulting in banging clanking squealing or other like sound due to improperly secured load or equipment or inadequate maintenance

6 The operation of a motor vehicle horn or other warning device except where

required or authorized by law or in accordance with good safety practices

7 The use of engine air brakes or lsquojackrsquo brakes

8 Unauthorized setting off of fireworks

Noise Control By-law

Schedule 2 ndash Prohibited Noise by Time and Place

Prohibited Times

Type of Noise Quiet Zone Residential

1 The operation of any electronic devices or group of connected electronic devices incorporating one or more loud speakers or other electromechanically transducers and intended for the production reproduction or amplification of sound

At All Times

900 ndash 700 am (900 Sundays)

1100 pm ndash 700 am

2 The operation of any auditory signaling device including but not limited to the ringing of bells or gongs and the 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

At All Times

900 ndash 700 am (900 Sundays)

All day Sundays and Statutory Holidays

1100 pm ndash 700 am

3 Yelling shouting hooting whistling or singing

At All Times 900 ndash 700 am

1100 pm ndash 700 am

4 All selling or advertising by shouting or outcry of amplified sound

At All Times 900 ndash 700 am

All day Sundays and Statutory Holidays

4 Loading unloading delivering packing unpacking or otherwise handling any containers products materials or refuse whatsoever unless necessary for the maintenance of essential services or the moving of private household effects

900 ndash 700 am All day Sundays and Statutory Holidays

1100 pm ndash 700 am

Statutory Holidays

900 ndash 700 am All day Sundays and Statutory Holidays

1100 pm ndash 700 am

Statutory Holidays

5 The operation of any activity or equipment in connection with construction or demolition save and except pursuant to Section 4 or where the Director of Public Works has granted an exemption pursuant to Section 5

900 ndash 700 am All day Sundays and Statutory Holidays

1100 pm ndash 700 am

Statutory Holidays

900 pm ndash 700 am

All day Sundays and Statutory Holidays

1100 pm ndash 700 am

Statutory Holidays

Noise Control By-law

Prohibited Times

Type of Noise Quiet Zone Residential

6 The operation of any activity or equipment in connection with the removal of dust and other debris from private parking lots abutting or sharing a property line with residential properties

1100 pm ndash 700 am

Statutory Holidays

1100 pm ndash 700 am

Statutory Holidays

Noise Control By-law

Schedule 3 ndash Exempted Noise

1 The use of bells or chimes normally associated with church activities

2 Parades authorized by the Town of Arnprior

3 Any special event held by the Town of Arnprior

4 Any fireworks displays authorized or permitted by the Town and in compliance with all applicable legislation including the Fireworks By-law

5 All activities associated with the Arnprior Fair

6 Sporting recreational and entertainment events in public parks or town buildings authorized by the Town of Arnprior

7 Musical and other performances in public parks or town buildings authorized by the Town of Arnprior

8 Special neighbourhood social activities on streets or other public land authorized by the Town of Arnprior

9 Aviation activities at the Arnprior Airport

10 Snow clearing road maintenance infrastructure repairs and road construction vehicles and equipment operated by the Town of Arnprior or its agents andor contractors

11 Any snow removal activities which are essential for the effective operation of a business

12 Sound emanating from the Fire Hall alarm or the sirens of any emergency vehicle equipment or activities while engaged in providing emergency work or responding to an emergency or during testing of the emergency warning siren

13 Any reasonable noise resulting from the operation of a business activity provided that such noise is part of the normal operation of the business and provided that the business is operating in compliance with the Townrsquos Zoning By-laws and all other applicable by-laws

Page 20: ARNPRIORarnprior.ca/wp-system/uploads/2013/12/Council... · 11/09/2017  · • August 30,2017 - County of Renfrew Council Meeting 14. Correspondence & Petitions a) Correspondence

Noise Control By-law

Appendix A ndash Quiet Zone

Noise Control By-law

Schedule 1 ndash Nuisance Noise Prohibited

1 Allowing the persistent barking calling whining or other similar persistent noise-

making by any domestic pet or any other animal kept or used for any purpose other than agriculture

2 The racing of any motorized conveyance other than in a racing event regulated by law

3 The revving of a motor vehicle engine or the squealing of tires as a result of the operation of a motor vehicle

4 The operation of a motor vehicle motorized equipment construction equipment or pneumatic device without an exhaust muffling device in good working order

5 The operation of a motor vehicle or a motor vehicle with a trailer resulting in banging clanking squealing or other like sound due to improperly secured load or equipment or inadequate maintenance

6 The operation of a motor vehicle horn or other warning device except where

required or authorized by law or in accordance with good safety practices

7 The use of engine air brakes or lsquojackrsquo brakes

8 Unauthorized setting off of fireworks

Noise Control By-law

Schedule 2 ndash Prohibited Noise by Time and Place

Prohibited Times

Type of Noise Quiet Zone Residential

1 The operation of any electronic devices or group of connected electronic devices incorporating one or more loud speakers or other electromechanically transducers and intended for the production reproduction or amplification of sound

At All Times

900 ndash 700 am (900 Sundays)

1100 pm ndash 700 am

2 The operation of any auditory signaling device including but not limited to the ringing of bells or gongs and the 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

At All Times

900 ndash 700 am (900 Sundays)

All day Sundays and Statutory Holidays

1100 pm ndash 700 am

3 Yelling shouting hooting whistling or singing

At All Times 900 ndash 700 am

1100 pm ndash 700 am

4 All selling or advertising by shouting or outcry of amplified sound

At All Times 900 ndash 700 am

All day Sundays and Statutory Holidays

4 Loading unloading delivering packing unpacking or otherwise handling any containers products materials or refuse whatsoever unless necessary for the maintenance of essential services or the moving of private household effects

900 ndash 700 am All day Sundays and Statutory Holidays

1100 pm ndash 700 am

Statutory Holidays

900 ndash 700 am All day Sundays and Statutory Holidays

1100 pm ndash 700 am

Statutory Holidays

5 The operation of any activity or equipment in connection with construction or demolition save and except pursuant to Section 4 or where the Director of Public Works has granted an exemption pursuant to Section 5

900 ndash 700 am All day Sundays and Statutory Holidays

1100 pm ndash 700 am

Statutory Holidays

900 pm ndash 700 am

All day Sundays and Statutory Holidays

1100 pm ndash 700 am

Statutory Holidays

Noise Control By-law

Prohibited Times

Type of Noise Quiet Zone Residential

6 The operation of any activity or equipment in connection with the removal of dust and other debris from private parking lots abutting or sharing a property line with residential properties

1100 pm ndash 700 am

Statutory Holidays

1100 pm ndash 700 am

Statutory Holidays

Noise Control By-law

Schedule 3 ndash Exempted Noise

1 The use of bells or chimes normally associated with church activities

2 Parades authorized by the Town of Arnprior

3 Any special event held by the Town of Arnprior

4 Any fireworks displays authorized or permitted by the Town and in compliance with all applicable legislation including the Fireworks By-law

5 All activities associated with the Arnprior Fair

6 Sporting recreational and entertainment events in public parks or town buildings authorized by the Town of Arnprior

7 Musical and other performances in public parks or town buildings authorized by the Town of Arnprior

8 Special neighbourhood social activities on streets or other public land authorized by the Town of Arnprior

9 Aviation activities at the Arnprior Airport

10 Snow clearing road maintenance infrastructure repairs and road construction vehicles and equipment operated by the Town of Arnprior or its agents andor contractors

11 Any snow removal activities which are essential for the effective operation of a business

12 Sound emanating from the Fire Hall alarm or the sirens of any emergency vehicle equipment or activities while engaged in providing emergency work or responding to an emergency or during testing of the emergency warning siren

13 Any reasonable noise resulting from the operation of a business activity provided that such noise is part of the normal operation of the business and provided that the business is operating in compliance with the Townrsquos Zoning By-laws and all other applicable by-laws

Page 21: ARNPRIORarnprior.ca/wp-system/uploads/2013/12/Council... · 11/09/2017  · • August 30,2017 - County of Renfrew Council Meeting 14. Correspondence & Petitions a) Correspondence

Noise Control By-law

Schedule 1 ndash Nuisance Noise Prohibited

1 Allowing the persistent barking calling whining or other similar persistent noise-

making by any domestic pet or any other animal kept or used for any purpose other than agriculture

2 The racing of any motorized conveyance other than in a racing event regulated by law

3 The revving of a motor vehicle engine or the squealing of tires as a result of the operation of a motor vehicle

4 The operation of a motor vehicle motorized equipment construction equipment or pneumatic device without an exhaust muffling device in good working order

5 The operation of a motor vehicle or a motor vehicle with a trailer resulting in banging clanking squealing or other like sound due to improperly secured load or equipment or inadequate maintenance

6 The operation of a motor vehicle horn or other warning device except where

required or authorized by law or in accordance with good safety practices

7 The use of engine air brakes or lsquojackrsquo brakes

8 Unauthorized setting off of fireworks

Noise Control By-law

Schedule 2 ndash Prohibited Noise by Time and Place

Prohibited Times

Type of Noise Quiet Zone Residential

1 The operation of any electronic devices or group of connected electronic devices incorporating one or more loud speakers or other electromechanically transducers and intended for the production reproduction or amplification of sound

At All Times

900 ndash 700 am (900 Sundays)

1100 pm ndash 700 am

2 The operation of any auditory signaling device including but not limited to the ringing of bells or gongs and the 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

At All Times

900 ndash 700 am (900 Sundays)

All day Sundays and Statutory Holidays

1100 pm ndash 700 am

3 Yelling shouting hooting whistling or singing

At All Times 900 ndash 700 am

1100 pm ndash 700 am

4 All selling or advertising by shouting or outcry of amplified sound

At All Times 900 ndash 700 am

All day Sundays and Statutory Holidays

4 Loading unloading delivering packing unpacking or otherwise handling any containers products materials or refuse whatsoever unless necessary for the maintenance of essential services or the moving of private household effects

900 ndash 700 am All day Sundays and Statutory Holidays

1100 pm ndash 700 am

Statutory Holidays

900 ndash 700 am All day Sundays and Statutory Holidays

1100 pm ndash 700 am

Statutory Holidays

5 The operation of any activity or equipment in connection with construction or demolition save and except pursuant to Section 4 or where the Director of Public Works has granted an exemption pursuant to Section 5

900 ndash 700 am All day Sundays and Statutory Holidays

1100 pm ndash 700 am

Statutory Holidays

900 pm ndash 700 am

All day Sundays and Statutory Holidays

1100 pm ndash 700 am

Statutory Holidays

Noise Control By-law

Prohibited Times

Type of Noise Quiet Zone Residential

6 The operation of any activity or equipment in connection with the removal of dust and other debris from private parking lots abutting or sharing a property line with residential properties

1100 pm ndash 700 am

Statutory Holidays

1100 pm ndash 700 am

Statutory Holidays

Noise Control By-law

Schedule 3 ndash Exempted Noise

1 The use of bells or chimes normally associated with church activities

2 Parades authorized by the Town of Arnprior

3 Any special event held by the Town of Arnprior

4 Any fireworks displays authorized or permitted by the Town and in compliance with all applicable legislation including the Fireworks By-law

5 All activities associated with the Arnprior Fair

6 Sporting recreational and entertainment events in public parks or town buildings authorized by the Town of Arnprior

7 Musical and other performances in public parks or town buildings authorized by the Town of Arnprior

8 Special neighbourhood social activities on streets or other public land authorized by the Town of Arnprior

9 Aviation activities at the Arnprior Airport

10 Snow clearing road maintenance infrastructure repairs and road construction vehicles and equipment operated by the Town of Arnprior or its agents andor contractors

11 Any snow removal activities which are essential for the effective operation of a business

12 Sound emanating from the Fire Hall alarm or the sirens of any emergency vehicle equipment or activities while engaged in providing emergency work or responding to an emergency or during testing of the emergency warning siren

13 Any reasonable noise resulting from the operation of a business activity provided that such noise is part of the normal operation of the business and provided that the business is operating in compliance with the Townrsquos Zoning By-laws and all other applicable by-laws

Page 22: ARNPRIORarnprior.ca/wp-system/uploads/2013/12/Council... · 11/09/2017  · • August 30,2017 - County of Renfrew Council Meeting 14. Correspondence & Petitions a) Correspondence

Noise Control By-law

Schedule 2 ndash Prohibited Noise by Time and Place

Prohibited Times

Type of Noise Quiet Zone Residential

1 The operation of any electronic devices or group of connected electronic devices incorporating one or more loud speakers or other electromechanically transducers and intended for the production reproduction or amplification of sound

At All Times

900 ndash 700 am (900 Sundays)

1100 pm ndash 700 am

2 The operation of any auditory signaling device including but not limited to the ringing of bells or gongs and the 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

At All Times

900 ndash 700 am (900 Sundays)

All day Sundays and Statutory Holidays

1100 pm ndash 700 am

3 Yelling shouting hooting whistling or singing

At All Times 900 ndash 700 am

1100 pm ndash 700 am

4 All selling or advertising by shouting or outcry of amplified sound

At All Times 900 ndash 700 am

All day Sundays and Statutory Holidays

4 Loading unloading delivering packing unpacking or otherwise handling any containers products materials or refuse whatsoever unless necessary for the maintenance of essential services or the moving of private household effects

900 ndash 700 am All day Sundays and Statutory Holidays

1100 pm ndash 700 am

Statutory Holidays

900 ndash 700 am All day Sundays and Statutory Holidays

1100 pm ndash 700 am

Statutory Holidays

5 The operation of any activity or equipment in connection with construction or demolition save and except pursuant to Section 4 or where the Director of Public Works has granted an exemption pursuant to Section 5

900 ndash 700 am All day Sundays and Statutory Holidays

1100 pm ndash 700 am

Statutory Holidays

900 pm ndash 700 am

All day Sundays and Statutory Holidays

1100 pm ndash 700 am

Statutory Holidays

Noise Control By-law

Prohibited Times

Type of Noise Quiet Zone Residential

6 The operation of any activity or equipment in connection with the removal of dust and other debris from private parking lots abutting or sharing a property line with residential properties

1100 pm ndash 700 am

Statutory Holidays

1100 pm ndash 700 am

Statutory Holidays

Noise Control By-law

Schedule 3 ndash Exempted Noise

1 The use of bells or chimes normally associated with church activities

2 Parades authorized by the Town of Arnprior

3 Any special event held by the Town of Arnprior

4 Any fireworks displays authorized or permitted by the Town and in compliance with all applicable legislation including the Fireworks By-law

5 All activities associated with the Arnprior Fair

6 Sporting recreational and entertainment events in public parks or town buildings authorized by the Town of Arnprior

7 Musical and other performances in public parks or town buildings authorized by the Town of Arnprior

8 Special neighbourhood social activities on streets or other public land authorized by the Town of Arnprior

9 Aviation activities at the Arnprior Airport

10 Snow clearing road maintenance infrastructure repairs and road construction vehicles and equipment operated by the Town of Arnprior or its agents andor contractors

11 Any snow removal activities which are essential for the effective operation of a business

12 Sound emanating from the Fire Hall alarm or the sirens of any emergency vehicle equipment or activities while engaged in providing emergency work or responding to an emergency or during testing of the emergency warning siren

13 Any reasonable noise resulting from the operation of a business activity provided that such noise is part of the normal operation of the business and provided that the business is operating in compliance with the Townrsquos Zoning By-laws and all other applicable by-laws

Page 23: ARNPRIORarnprior.ca/wp-system/uploads/2013/12/Council... · 11/09/2017  · • August 30,2017 - County of Renfrew Council Meeting 14. Correspondence & Petitions a) Correspondence

Noise Control By-law

Prohibited Times

Type of Noise Quiet Zone Residential

6 The operation of any activity or equipment in connection with the removal of dust and other debris from private parking lots abutting or sharing a property line with residential properties

1100 pm ndash 700 am

Statutory Holidays

1100 pm ndash 700 am

Statutory Holidays

Noise Control By-law

Schedule 3 ndash Exempted Noise

1 The use of bells or chimes normally associated with church activities

2 Parades authorized by the Town of Arnprior

3 Any special event held by the Town of Arnprior

4 Any fireworks displays authorized or permitted by the Town and in compliance with all applicable legislation including the Fireworks By-law

5 All activities associated with the Arnprior Fair

6 Sporting recreational and entertainment events in public parks or town buildings authorized by the Town of Arnprior

7 Musical and other performances in public parks or town buildings authorized by the Town of Arnprior

8 Special neighbourhood social activities on streets or other public land authorized by the Town of Arnprior

9 Aviation activities at the Arnprior Airport

10 Snow clearing road maintenance infrastructure repairs and road construction vehicles and equipment operated by the Town of Arnprior or its agents andor contractors

11 Any snow removal activities which are essential for the effective operation of a business

12 Sound emanating from the Fire Hall alarm or the sirens of any emergency vehicle equipment or activities while engaged in providing emergency work or responding to an emergency or during testing of the emergency warning siren

13 Any reasonable noise resulting from the operation of a business activity provided that such noise is part of the normal operation of the business and provided that the business is operating in compliance with the Townrsquos Zoning By-laws and all other applicable by-laws

Page 24: ARNPRIORarnprior.ca/wp-system/uploads/2013/12/Council... · 11/09/2017  · • August 30,2017 - County of Renfrew Council Meeting 14. Correspondence & Petitions a) Correspondence

Noise Control By-law

Schedule 3 ndash Exempted Noise

1 The use of bells or chimes normally associated with church activities

2 Parades authorized by the Town of Arnprior

3 Any special event held by the Town of Arnprior

4 Any fireworks displays authorized or permitted by the Town and in compliance with all applicable legislation including the Fireworks By-law

5 All activities associated with the Arnprior Fair

6 Sporting recreational and entertainment events in public parks or town buildings authorized by the Town of Arnprior

7 Musical and other performances in public parks or town buildings authorized by the Town of Arnprior

8 Special neighbourhood social activities on streets or other public land authorized by the Town of Arnprior

9 Aviation activities at the Arnprior Airport

10 Snow clearing road maintenance infrastructure repairs and road construction vehicles and equipment operated by the Town of Arnprior or its agents andor contractors

11 Any snow removal activities which are essential for the effective operation of a business

12 Sound emanating from the Fire Hall alarm or the sirens of any emergency vehicle equipment or activities while engaged in providing emergency work or responding to an emergency or during testing of the emergency warning siren

13 Any reasonable noise resulting from the operation of a business activity provided that such noise is part of the normal operation of the business and provided that the business is operating in compliance with the Townrsquos Zoning By-laws and all other applicable by-laws