I. Definitions

y.  “Property” means a building or structure or part of a building or structure, and includes the lands appurtenant thereto and all mobile homes, mobile buildings or mobile structures and vacant land.

z.  "Publication" means a specified publication 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.

aa.  "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.

bb.  “Straight Line track” means a course without turns.

II. Zones

3.  The terms below shall have the meanings indicated:

a.  Quiet Zone – any property within the municipality used as a hospital, retirement home, nursing home, senior citizens residence, or other similar use, in accordance with the zoning of the property or where the use is legal non-conforming, where such property has been designated a Quiet Zone by Council.

b.  Residential Area – any property within the municipality which is zoned for residential uses by an applicable zoning by-law or which is used in whole or in part for human habitation, in accordance with the zoning of the property or where human habitation is a legal non-conforming use.

III. General Provisions

e.  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, while such vehicle is stationary unless:

1. 1. the original equipment manufacturer specifically recommends a longer idling period for normal and efficient operation of the motor vehicle in which case such recommended period shall not be exceeded; or,
   2. operation of such engine or motor is essential to a basic function of the vehicle or equipment, including but not limited to, operation of ready-mixed concrete trucks, lift platforms and refuse compactors; or,
   3. 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,
   4. the outside temperature is greater than 27 °C or less than 5 °C where idling is necessary for the operation of air conditioning or heating equipment as long as the vehicle is occupied;
   5. 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 vehicle is required to remain motionless because of an emergency, traffic (including congestion and signals), weather conditions, or mechanical difficulties over which the driver has no control;
   7. the vehicle is transporting a person where a medical doctor certifies in writing for medical reasons that a person in the vehicle requires temperature or humidity to be maintained within a certain range, and where the medical note is up-to-date and is kept with the vehicle operator;
   8. the vehicle is an armoured vehicle where a person remains inside the vehicle while guarding the contents of the vehicle or while the vehicle is being loaded or unloaded;

f.  The operation of a bell, horn, siren or other warning device on a motor vehicle, motorcycle, bicycle or other vehicle of whatsoever kind, except where required or authorized by law or in accordance with good safety practices.

g.  The operation of any item of construction equipment without effective engine exhaust muffling devices in good working order and in constant operation.

h.  The use or operation of any drum, horn, bell, siren, radio, mechanical loudspeaker, electronic sound system, or other sound-producing, reproducing or transmitting device, instrument or apparatus for the purpose of advertising or for attracting attention to any performance, show, sale, or display of goods, wares or merchandise, that projects sound into any public street or other public place.

IV. Prohibitions by Time and Place

5.  No person shall emit or cause or permit the emission of sound resulting from any act listed in Schedule 2 that is clearly audible at a Point of Reception located in a Quiet Zone or Residential Area of the municipality within the prohibited time period shown.

6.  With respect to Schedule 2, item 9:

a.  [Repealed by By-law 1435-14]

b.  If at the time of making of sound by the animal(s) or bird(s) a person or other animal or bird is trespassing or threatening to trespass upon the private property on which the animal is situated, the sound-making is deemed not to be an infringement of this by-law.

V. General Limitations on Sound Levels Due to Stationary Sources

7.  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 or  Residential  Area, exceeds the applicable sound level limit prescribed in the Ministry of the Environment Publication NPC-300 – Environmental Noise  Guideline, Stationary and Transportation Sources – Approval and Planning and such sound is deemed to be noise.

VI. Limitation on Sound from Residential Air Conditioners

8.  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 NPC-216 – Residential Air Conditioners, resulting in a sound level at a Point of Reception located in a Quiet Zone or Residential Area in excess of the applicable sound level limit set out in Publication NPC-216 - Residential Air Conditioners.

VII. Limitation on Sound from Blasting

VIII. Motor Vehicle Racing and Analogous Uses

10.  This by-law applies to the operation of any Motor Vehicle or Off-Road Vehicle over a set course whether or not in competition with other vehicles for racing, training, lapping, testing, or instructional purposes, for recreational purposes, or for any other purpose, and includes any warm-up or testing done on the premises in preparation for such operation of a Motor Vehicle.

11.  With respect to Section 10 above:

a.  The premises of any track used for the purposes identified in Section 10 shall be considered a “stationary source” for purposes of assessing noise.

b.  For activities identified in Section 10 on-premises zoned and licensed, where necessary, for such use prior to January 1,  2010,  the applicable sound limits at any Point of Reception shall be those determined in accordance with NPC-300 as is appropriate to the  Class of Area of the Point of Reception, plus 10 dBA.

c.  For activities identified in Section 10 on-premises zoned and licensed, where necessary, for such use on or after January 1, 2010, the applicable sound limits at any Point of Reception shall be those determined in accordance with NPC-300, as is appropriate to the  Class of Area of the Point of Reception.

12.  All Motor Vehicles and Off-Road Vehicles shall only be operated with a proper engine exhaust sound muffler/attenuator in place, in good working order and in constant operation.

IX. Disturbing Religious Ceremony in a Place of Worship

13.  No person shall make, cause or permit the emission of sound that disturbs a religious ceremony in a place of worship.

X. Most Restrictive Provision Applies

14.  Where a source of sound is subject to more than one provision of this by-law, the most restrictive provision shall apply.

XI. Exemptions

1. 1. The immediate health, safety or welfare of the inhabitants of the municipality under emergency circumstances.
   2. Any emergency requiring immediate action for the construction, preservation, restoration or demolition of any highway.
   3. The Province, the County, and/or public authority, together with any authorized agents of the foregoing, to carry out their public responsibilities.

This exemption does not apply when 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.

16.  Agricultural or Farm Activity

Notwithstanding any other provision of this by-law, this by-law does not apply to any agricultural or farm activity, including food crop seeding, chemical spraying or harvesting, carried on by a farmer in accordance with Normal Farm Practice or to any agricultural activity determined by the Normal Farm Practice Protection Board to be Normal Farm Practice.

17.  Bells - Clocks - Public - Religious

Bells, clocks, chimes and carillons associated with religious or public buildings or uses will be exempt from the noise by-law for the emission and amplification of sound or vibration.

18.  County Operations

The operation of equipment by or on behalf of the County for the purposes of performing municipal maintenance operations on roads, sidewalks and parking lots associated with infrastructure rehabilitation and/or restoration, including but not limited to snow removal equipment, municipal street cleaners, municipal property maintenance, the collection of garbage, waste or recyclable materials.

19.  Traditional, Festive or Religious Activities

Notwithstanding any other provision of this by-law, any traditional, festive, religious and other activity planned on Municipal or private property that has received Haldimand County Council endorsement through the reporting process and has met the requirements of the County for the given year, will be exempt from the noise by-law for the emission and amplification of sound or vibration.

XII. Grant of Exemption by Council

a.  In deciding whether to grant the exemption, Council shall consider the application, the report and any written submission then received by Council and 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.

27.  Breach by the applicant of any of the terms or conditions of an exemption granted by Council or the failure of the applicant to pay any required fee shall render the exemption null and void.

XIII. Severability

28.  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.

XIV. Penalty

29.  Each person who contravenes any provision of this by-law is guilty of an offence:

a.  Every person who contravenes any of the provisions of this by-law, and if the person is a corporation, every director or officer of the corporation who knowingly concurs in the contravention, is guilty of an offence and on conviction is liable,

1. 1. On a first conviction to a fine of not more than $25,000; and
   2. On a subsequent conviction to a fine of not more than $10,000  for each day or part thereof upon which the contravention has continued after the day on which the person was first convicted.

b.  Despite subsection (a), if the person is a corporation, the maximum penalty that may be imposed is,

1. 1. On a first conviction a fine of not more than $50,000; and
   2. On a subsequent conviction a fine of not more than $25,000 for each day or part thereof upon which the contravention has continued after the day on which the corporation was first convicted.

30.  In addition to the provisions of Section 29, the Court in which a conviction is entered, and any court of competent jurisdiction thereafter may make an order prohibiting the continuation or repetition of the offence by the person convicted, and in addition to any other remedy and to any penalty imposed on the person convicted.

XVI. Enforcement

31.  The provisions of this by-law shall be enforced by the Haldimand County By-law Enforcement Officers as well as those agents designated by Council for this purpose.

32.  For contravention of sections of this by-law for which a short form wording is provided in Column 1 of Schedule 3 (where Column 2 is the corresponding Section reference), an authorized by-law enforcement officer or other agent as appointed by Council may issue an Offence Notice (in accordance with Section 3 of the Provincial Offences Act, R.S.O. 1990, CHAPTER P.33) with the associated fine value shown in Column 3 of the Schedule. The Offence Notice shall be in the form as prescribed in Ontario Regulations made under the Provincial Offences Act.

XVII. Repeal

33.  THAT the following by-laws and any amendment thereto are hereby repealed:

1. 1. Town of Haldimand – By-law No. 1193/95
   2. Town of Dunnville – By-law No. 44-92
   3. City of Nanticoke – By-law 67-81

XVIII. Short Title

34.  This by-law shall be known as the “Noise By-law” for Haldimand County.

XIX. Effect

35.  This by-law shall take precedence any other preceding by-law with which it is inconsistent.

36.  This by-law shall come into force and take full effect immediately upon passage.