1990-066 Oro
THE CORPORATION OF THE TOWNSHIP OF ORO
BY-LAW NO. 90- 66
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A by-law to control noise
WHEREAS it is expedient to exercise the power conferred upon
the Council by The Environmental Protection Act, 1971, as amended,
and other statutory authority; and
WHEREAS a recognized body of scientific and technological
knowledge exists by which sound and vibration may be substantially
reduced; and
WHEREAS THE people have a right to and should be ensured an
environment free from unusual, unnecessary or excessive sound
or vibration which may degrade the quality and tranquility of
their life or cause nuisance; and
WHEREAS it is the policy of the Counci 1 to reduce and control
such sound or vibration;
NOW THEREFORE, the Council of the Corporation of the Township
of Oro enacts as follows:
1. INTERPRETATION
(1) Technical Terms
In this by-law all the words which are of a technical
nature and are related to sound or vibration shall
have the meanings specified for them in publication
NPC-10l - Technical DefinitiQns
(2) Definition
in this by-law,
(a) Certificate
"Certificate" means a Certificate of Competency
in Environmental Acoustics Technology of a speci-
fied class issued by the Minister of the
Environment;
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(b) Construction
"Construction includes erection. alteration,
repair, dismantling , demolition, structural main-
tenance, painting, moving, land clearing, earth
moving, grading, excavating, the laying of pipe
and conduit whether above or below ground level,
street and highway building, concreting, equipment
installation and alteration and the structural
installation of construction components and mate-
rials in any form or for any purpose, and includes
any work in connection therewith;
(c) Construction Equipment
"Construction equipment" means any equipment or
device designed and intended for use in construc-
tion, or material handling, including but not
limited to, air compressors, pile drivers,
pneumatic or hydraulic tools, bulldozers, tractors,
excavators, trenchers, cranes, derricks, loaders,
scrapers, pavers, generators, off-highway haulers
or trucks, ditchers, compactors and rollers, pumps,
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concrete mixers, graders, or other material han-
dling equipment;
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(d) Conveyance
"conveyance" 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;
(e) Council
"Council" means the Council of the Corporation
of the Township of Oro;
(f) Highway
"highway" 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;
(g) Minister
"Minister" means Minister of the Environment;
(h) Ministry
"Ministry" means Ministry of the Environment;
(i) Motor Vehicle
"motor vehicle" 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;
(j) Motorized Conveyance
"motorized conveyance" means a conveyance propelled
or driven otherwise than by muscular, gravitational
or wind power;
(k) Municipality
"municipality" means the land within the geographic
limit of the Township of Oro;
(I) Noise
"noise" means unwanted sound;
(m) Noise Control Officer
"Noise Control Officer" means a person designated
by Council as responsible for the administration
of this by-law;
(n)
Point of Reception
"point of reception" means
premises of a person where
originating from other than
received;
any point on the
sound or vibration
those premises is
(0) Publication
"Publication" means a specified publication of
the Noise Pollution Control Section of the
Pollution Control Branch of the Ministry of the
Environment, which is named in Schedule I; a copy
of every Publication which is named in Schedule
I is attached hereto and is hereby made part of
this by-law;
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(p) Statutory Source
"stationary source" means a source of sound which
does not normally move from place to place and
includes the premises of a person as one stationary
source, unless the dominant source of sound on
those premises is construction or a conveyance.
( 3 ) Zones
In this by-law,
(a) Residential Area
"Residential Area" means those areas of the
municipality specified as follows:
Lands wi thin the following vi llages: Shanty Bay,
Oro Station, Edgar, Guthrie, Hawkestone, and all
lands within 500 meters of the shore of Lake
Simcoe, and all lands within a registered plan
of subdivision;
(b) Quiet Zone
"Quiet Zone" means those areas of the municipality
specified as follows:
(c) Agricultural Area
"Agricultural Area" means those areas of the
municipality specified as follows:
All lands situate within the Municipality other
than as specifically indicated as being a
residential area or quiet zone.
2. GENERAL PROHIBITIONS
No person shall emit or cause or permit
sound resulting from an act listed herein,
is clearly audible at a point of reception:
the emission of
and which sound
1. Racing of any motorized conveyance.
2. The operation of a motor vehicle in such a way that
the tires squeal.
3. The operation of any combustion engine or pneumatic
device without an effective exhaust or intake muffling
device in good working order and in constant operation.
4. The operation of a vehicle or a vehicle with a trailer
resulting in banging, clanking, squealing or other
like sounds due to improperly secured loan or equipment,
or inadequate maintenance.
5. The operation of an engine or motor in, or on, any
motor vehicle or item of attached auxiliary equipment
for a continuous period exceeding five minutes, whi le
such vehicle is stationary in a Residential Area or
a Quiet Zone unless:
(a) the original equipment manufacturer specifically
recommends a longer idling period for normal and
efficient operation of the motor vehicle in which
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case such recommended period shall not be exceeded;
or,
(b) operation of such engine or motor is essential
to a basic function of the vehic Ie or equipment,
including but not limited to, operation of ready-
mixed concrete trucks, lift platforms and refuse
compactors; or,
(c) weather conditions justify the use of heating
or refrigerating systems powered by the motor
or engine for the safety and welfare of the
operator, passengers or animals, or the
preservation of perishable cargo, and the vehicle
is stationary for purposes of delivery or loading;
or,
(d)
prevailing low temperatures
periods necessary immediately
motor or engine; or
make longer idling
after starting the
(e) the idling is for the purpose of cleaning and
flushing the radiator and associated circulation
system for seasonal change of antifreeze, cleaning
of the fuel system, carburetor or the like, when
such work is performed other than for profit.
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 operation of any item of construction equipment
in a Quiet Zone, Residential Area or Agricultural Area
without effective muffling devices in good working
order and in constant operation.
3. PROHIBITIONS BY TIME AND PLACE
No person shall emit or cause or permit the emission of
sound resulting from any act listed in Table 3-1 if clearly
audible at a point of reception located in an area of the
municipality within a prohibited time shown for such an
area.
4. GENERAL LIMITATIONS ON SOUND LEVELS DUE TO STATIONARY SOURCES
(I) No person shall emit or cause or permit the emission
of sound from a stationary source such that the level
of sound from that source at a point of reception
located in a Quiet Zone, Residential Area or
Agricultural Area, exceeds the applicable sound level
limit prescribed in Publication NPC-105 Stationary
Sources.
( 2 ) Subsection (I) does not apply to any equipment,
apparatus or device used in agriculture for food crop
seeding, chemical spraying or harvesting, or to any
equipment, apparatus or device used in any agricultural
or woodlot enterprise.
5. LIMITATION ON SOUND AND VIBRATION LEVELS AT A POINT OF
RECEPTION FOR SPECIFIC SOURCES
(I) Residential Air Conditioners
No person shall emit or cause or permit the emission
of sound from the operation of a residential air
conditioning device of a type referred to in Publication
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NPC-116 Residential Air Conditioners, resulting in
a sound level at a point of reception located in a
Quiet Zone, Residential Area or Agricultural Area in
excess of the applicable sound level limit set out
in Publication NPC-ll6 Residential Air Conditioners.
(2) Blasting Operations
No person shall emit or cause or permit the emission
of sound (concussion) or vibration from a blasting
operation of a type mentioned in Publication NPC-119
Blasting, such that the peak pressure level or peak
particle velocity at a point of reception located in
a Quiet Zone, Residential Area or Agricultural Area,
exceeds the applicable limit set out in Publication
NPC-ll9 - Blasting.
6. PREEMPTION
Where a source of sound is subject to both Sections 4 and
5, the less restrictive provisions shall prevail.
7. SOUND EMISSION STANDARDS
(I) Construction Equipment - Residential Areas
No person shall emit or cause or permit the emission
of any sound from any item of construction equipment
of a type referred to in Publication NPC-lI5
Construction Equipment, at a work site, any part of
which is located in or within 600 meters of a
Residential Area or a Quiet Zone, unless:
(a) the item of equipment was manufactured prior to
January 1, 1979; or
(b) the item of equipment bears a label affixed by
the manufacturer or distributor which states,
the year of manufacture and that the item of
equipment when ne\-l complies with the Residential
Area sound emission standard set out in Publication
NPC-115 Construction Equipment, as applicable
to that type of equipment and date of manufacture;
or
(c) the owner, operator, manufacturer or distributor
provides proof that the item of equipment when
new complied with the Residential Area sound
emission standard set out in Publication NPC-115
Construction Equipment, as applicable to that
type of equipment and date of manufacture.
( 2 )
Construction Equipment - Quiet Zones
No person shall emit or cause or permit the emission
of any sound from any item of construction equipment
of a type referred to in Publication NPC-l15
Construction Equipment, at a work site, any part of
which is located in a Quiet Zone, unless:
(a) the item of equipment bears a label affixed by
the manufacturer or distributor which states the
year of manufacture and that the item of equipment
when new complies with the Quiet Zone sound
emission standard set out in publication NPC-ll5
Construction Equipment as applicable to that
type of equipment on date of manufacture; or
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(b) the owner, operator, manufacturer or distributor
provides proof that the item of equipment when
new complied with the Quiet Zone sound emission
standard set out in Publication NPC-115
Construction Equipment, as applicable to that
type of equipment and date of manufacture.
(3) Domestic Outdoor Power Tools
No person shall emit or cause or permit the emission
of any sound in a Residential Area or Quiet Zone from
any domestic outdoor power tool of a type referred
to in Publication NPC-117 Domestic Outdoor Power
Tools, which device is powered by an electric motor
or an internal combustion engine unless:
(a) the device was manufactured prior to January lst,
1979; or
(b) the device bears a label affixed by the
manufacturer or distributor which states, the
years of manufacture and that the device when
new complies with the sound emission standard
set out in Publication NPC-l17 - Domestic Outdoor
Power Tools, as applicable to that type of device
and date of manufacture; or
(c) the owner, operator, manufacturer or distributor
provides proof that the device when new complied
with the sound emission standard set out in
Publication NPC-l17 - Domestic Outdoor Power Tools,
as applicable to the type of device and date of
manufacture.
(4) Air Conditioners
No person shall emit or cause or permit the emission
of any sound from any air conditioning device of a
type referred to in Publication NPC-116 - Residential
Air Conditioners unless:
(a) the device was manufactured prior to January 1st,
1979; or
(b) the device bears a label affixed by the
manufacturer or distributor which states, the
year of manufacture and that the device when new
complies with the sound emission standard set
out in Publication NPC-116 Residential Aid
Conditioners, as applicable to that type of device
and date of manufacture; or
(c) the owner, operator, manufacturer or distributor
provides proof that the device when new complied
with the sound emission standard set out in
Publication NPC-116 - Residential Aid Conditions,
as applicable to that type of air conditioner
and date of manufacture.
(5) Motorized Conveyances
No person shall emit or cause or permit the emission
of any sound from any motorized conveyance of a type
referred to in Publication NPC-118 Motorized
Conveyances unless the motorized conveyance complies
with the sound emission standard set out in Publication
NPC-118 Motorized Conveyances, as applicable to that
type of motorized conveyance and date of manufacture.
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8. EXEMPTION
Public Safety
Notwithstanding any other provision of this by-law,
be lawful to emit or cause or permit the emission
or vibration in connection with emergency
undertaken:
it shall
of sound
measures
(a)
for the immediate health,
inhabitants or any of them~
safety
or,
welfare
of
the
or
(b) for the preservation or restoration of property~
unless such sound or vibration is clearly of a longer
duration or nature more disturbing, than is reasonably
necessary for the accomplishment of such emergency purpose.
9. GRANT OF EXEMPTION BY COUNCIL
(1) Application to Council
Notwithstanding anything contained in this by-law,
any person may make application to Council to be granted
an exemption from any of the provisions of this by-
law with respect to any source of sound or vibration
for which he might be prosecuted and Council, by
resolution, may refuse to grant any 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.
(2) Details of Application for Exemption
The application mentioned in subsection (l) shall be
made in writing, in duplicate, and shall contain:
(a) the name and address of the applicant~
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(b) a description of the source of sound or vibration
in respect of which exemption is sought~
( c)
a statement
provisions of
is sought~
of the particular provision or
the by-law from which exemption
(d) the period of time, or a duration not in excess
of six months, for which the exemption is sought~
(e) the reasons why the exemption should be granted~
( f )
a statement of the
presently being taken
with the by-Iaw~ and
steps, if
to bring
any,
about
planned or
compliance
(g) proof of publication within the preceding ten
days, in a newspaper of general circulation within
the Municipality, of a notice of intention to
apply for an exemption to this by-law, containing
the information required by clauses (a) through
(e) hereof, and further stating the date upon
which it is intended that application will be
made to Council.
(3) Noise Control Officer
Council shall cause one copy of the application for
exemption to be delivered to the Noise Control Officer
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and he shall prepare a report to Counci 1 forthwi th,
stating his opinion of the merits of the application
and his recommendations as to terms and conditions
which, in his opinion, should be imposed upon the
applicant if the exemption is granted and Council will
not consider the application for exemption until it
has received the report of the Noise Control Officer.
(4) Report
The Noise Control Officer shall forward a copy of his
. report to the applicant at the address shown on the
application by prepaid registered mail and shall, not
sooner than two weeks after the mai ling of the report
to the applicant, submit the report to Council and
shall, on request, make his report available for public
inspection.
(5) Decision
In deciding whether to grant the exemption, Council
shall consider the application, the report of the Noise
Control Officer and any written submission then received
by Council and made by the applicant after receipt
of the report of the Noise Control Officer and the
Council may consider such other matters as it sees
fit.
(6) Breach
Breach by the applicant of any of the terms or
conditions of the exemption shall render the exemption
null and void.
10. SEVERABILITY
If a court of competent jurisdiction should declare any
section or part of a section of this by-law to be invalid,
such section or part of a section shall not be construed
as having persuaded or influenced Council to pass the
remainder of the by-law and it is hereby declared that the
remainder of the by-law shall be valid and shall remain
in force.
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11.
PENALTY
Every person who contravenes any of the provisions of this
by-law is guilty of an offence and shall, upon conviction
thereof, forfeit and pay a penalty of not more than $1,000.00
for a first offence and not less than $100.00 and not more
than $1,000.00 for a second or subsequent offence, exclusive
of costs and every such fine is recoverable under The Summary
Convictions Act.
READ A FIRST AND SECOND TIME THIS
4th
day of JUNE
1990.
READ A THIRD TIME AND FINALLY PASSED THIS 4th
day of .JUNE
1990.
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ADMINISTRA OR/CLERK
Robert W. Small
I hereby certify the foregoing to be a complete
and true copy of By-law No. 90- 66
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ADMINISTRATOR/CLERK
This By-law is approved pursuant to the provisions
of The Environmental Protection Act, 1971, as
amended at Toronto, this day of
1990.
MINISTER OF THE ENVIRONMENT
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TABLE 3-1
PROHIBlTIO~ AND PLACE
PROIUBlTED PERIOD OF THlE
~ ~ AGRICULTURAL AREA
At all times At all times C
At all times A.t all times A
At all times At all times B
I. The detonation of fireworkS or explosive
devices not used in constrUction.
2. The discharge of firearms.
3. The operation of a combustion engine
which,
(i) is, or
(ii) is used in, or
(iii) is intended for use in,
a toy or a mode 1 or rep 1 ica of any device,
which model or replica has no function
other than amusement and which is not a
conveyance.
B
c
At all times
4. The operation of any electroniC device or
group of connected electronic devices
incorporating one or morc loudspeakers
or other e lectrO-mechanica 1 transducers,
and intended for the production, repro-
duction or amp lineation of sound.
D & E
D & E
At all times
5. The operation of any auditory signa i \lng
device, inc1 uding but not Um ited to the
ringing of beils or gongs and the blowing
of horns or sirens or whistles, or the
prod uC t ion. r eprod uC t ion ora ro p lilicat ion
of any s i ro i\ ar sounds by e I ec tron ic ro eans
except where required or authorized by
_~M(I::\nCe with good safety
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TABLB 3-1
PROll\BlTlO~ J\.ND PLJ\.CB
CONT'D
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PROHIBlTBD PERIOD OF TIME
~ ~
l\GRICUL TURAL AREA
B
B
bt all times
6.
orne operation of any powered rail car
\nC I ud Ing but not lim i ted <0 ref "ge r a-
tion cars. locomotiVes ot self _prope lied
passenget cars. while stationary on
property not owned or contrOlled bY a
tail way govetned by tne canada Ra,lway
bct.
B
B
bt all times
A
7.
The operation of any mototlzed conveyance
otner than on a highway or otner place
\ntende(\ for itS opetnt\on.
A
At all times
8.
orne venting. release ot pressure relief of
air. stean1 or otner gaseOUS matetla \, ptO~
duct ot compound ftOrn any autOClave. bOller
ptessure vessel. pipe. ,"I ve. machlne.
device or System..
A
A
At all times
9.
per s isten t barKing. cn 11 Ing or w h in ing or
otner similat petsiStent noiSe maKing
bY any dornestlC pet or any otner
anima I Kept or used f ot any pur-
pose other than agricultUre.
D & B
I Q. orne operation of a commercia I cat wash with
~ir drying equipment.
D&B
bt all times
TABLE 3-1
PROHl61T10~ AND PLACE
~
PROHIBITED PERIOD OF TIME
~ ~ AGRICULTURAL AREA
A
A
At a 11 times
D&E
11. Yelling, shouting, hooting, whistling or
singing.
D&.E
At all times
E
12. The operation of a power assisted hang
glider or parafoil.
E
At all times
D &. E
13. The operation of any item of snoW making
equipment.
D&E
At all times
D Cl E
14. All selling or advertising by shouting or
outcry or amp lined sound.
D &. E
D&.E
15. Loading, un loading. delivering, packing.
unpacking. or otherwise hand ling any con-
tainers, productS. materials, or refuse,
whatSoever. un less necessary for the main-
tenance of essential services or the moving
of private househOld effects.
D &. E
D&E
D&E
16. The operation of any equipment in
connection with construction.
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~ 'fABL~ "NDPLACt!
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----~~ ~
_~ ~ IOD OF 'TI};\E REA
::::c::::~~ PR01:l\l'l'TED PER, ~
~
AGRIC\J\.. 'T\JRA\.. AREA
l'
18. "rhe operatiOn of solId. waste bull< lift or
re(Use compacting equWment.
l'
C l'
C t\
C
B
17 "rhe operation OI use of any tOO I fOI
. dornestic pUIposes otheI than snow Iemova I .
A
f ' ",,, ,\r, \ car wash of
I~. ThO operatlO" 0 a comme,c ~ .
a type otheI than mentiOned ,n ,tern 10.
prohibited periods of 'TiT\\e:
p.. _ 23 00 one daY to 07 00 no<t daY \09 00 sundays)
B-19 00 one daY to 07 00 ne<t day \09 00 sundayS)
C. 17 00 one day to 07 00 ne" day \09 00 sundayS)
D _ p..\I daY sundaYS and statutorY 1!0Hdays
E _ 19 00 one daY to 07 00 no<t d.aY
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Publication NPC-1OI
Publication NPC-102
Publication NPC-103
Publication NPC-104
Publication NPC-I05
Publication NPC-I06
Publication NPC-115
Publication NPC-116
Publication NPC-117
Publication NPC-118
Publication NPC-119
Publication NPC-13l
Publication NPC-132
Publication NPC-133
Publication NPC-134
Publication NPC-135
SCHEDULE I
Index of Publications
Technical Definitions
Instrumentation
Procedures
Sound Level Adjustments
Stationary Sources
Sound Levels of Road Traffic
Construction Equipment
Residential Air Conditioners
Domestic Outdoor Power Tools
Motorized Conveyances
Blasting
Guidelines for Noise Control in
Land-Use Planning
Guidelines for Noise Control in
Rural Areas
Guidelines on Information Required
for
the
of
Planned
Assessment
Stationary Sources of Sound
Guidelines on Information Required
for the Assessment of Planned New
Land Uses with Respect to Sound
and vibration Impacts
Certificate