Township of Blandford-Blenheim

Noise By-law

THE CORPORATION OF THE
TOWNSHIP OF BLANDFORD-BLENHEIM
BY-LAW NUMBER 1314-2000

Being a By-law to regulate noise within the Township of Blandford-Blenheim.

WHEREAS pursuant to Section 210, Subsection 138 of The Municipal Act, R.S.O. 1990, Chapter M.45, and amendments thereto, the Council of a local municipality is empowered to pass by-laws for prohibiting or regulating noise within the municipality.

AND WHEREAS Council has deemed it expedient and necessary to regulate and govern unusual noise or noises likely to disturb the inhabitants of the Township of Blandford-Blenheim.

NOW THEREFORE, the Council of the Corporation of the Township of Blandford-Blenheim enacts as follows:

1. That no person shall ring any bell, blow or sound any horn or cause the same to be rung, blown, or sounded, shout or create, cause or permit any unusual noise or noises likely to disturb any other inhabitant.

2. That, for the purpose of and not so as to limit the generality of Section 1, the following noises or sounds shall be deemed to be unusual noises, or noises likely to disturb an inhabitant, namely:
2.1 The sounding of any bell, horn, siren, or signal device for an unnecessary or unreasonable period of time;

2.2 The sound or noise from or created by any radio or phonograph, public address system, sound equipment, loud speaker, or other similar producing instrument of whatever kind, when such device or instrument is played or operated in such a manner or with such volume as to annoy or disturb the peace, quiet, comfort or repose of any individual in any dwelling house, apartment house, hotel, motel, or any other type of residence;

2.3 Any noise made by any domesticated pet which unduly disturbs the peace, quiet, comfort and repose of any individual in any dwelling house, apartment house, hotel, motel or any other residence;

2.4 Any noise arising between the hours of 11:00 o’clock in the afternoon of any day and 5:00 o’clock in the forenoon of the following day from any excavation or construction work whatsoever, including the erection, demolition, alteration or repair of any building or structure authorized by the Corporation, except in case of urgent necessity and then under a permit from the Building Inspector of the Township.

2.5 The noise or sound created by the use or operation of any drum, horn, bell, radio or mechanical loudspeaker, or other instrument or device or sound-producing, or sound transmitting instrument or apparatus for the purpose of advertising or for attracting attention to any performance show or sale or display of goods, wares or other merchandise or which projects noise or sound into any street, roadway or other public place;

2.6 The noise or sound created by the use or operation of any radio or mechanical loudspeaker or amplifier or other instrument or device or sound-producing or sound-transmitting instrument or apparatus, in or upon any vehicle except for such time and under such conditions as may be approved by the Council of the Corporation of the Township of Blandford-Blenheim; or,

2.7 The noise or sound caused by the discharge of any gun or other fire-arm, air gun or spring gun or any class or type thereof, provided that this shall not apply to peace officers in the performance of their duties.

3. That none of the provisions of this by-law shall apply to the following, namely:

3.1 The use in a reasonable manner of any apparatus or mechanism for the amplification of the human voice or of music in a public park provided permission has first been obtained from a duly authorized representative of the Township;

3.2 Any band or any parade operating under permission first obtained from a duly authorized representative of the Township;

3.3 Any vehicle of a law enforcement agency or fire department or ambulance or any public service or emergency vehicle while answering a call;

3.4 The ringing of bells in connection with any Church, Chapel, meeting house, or religious service, or ringing of fire alarms or burglar alarms;

3.5 Normal activities and operations of any farming operation in any ‘A1’, ‘A2’, and ‘D’ zones, as defined within the Township of Blandford-Blenheim Zoning By-laws.

3.6 Normal activities of industry in any ‘M’ zone, as defined within the Township of Blandford-Blenheim Zoning By-laws.

4. PENALTIES: That the following penalties shall apply:

4.1 Any person who contravenes any provisions of this By-law is guilty of an offence and upon conviction is liable to a fine or penalty as provided in the Provincial Offences Act.

4.2 That all penalties imposed by a judicial officer are recoverable under the Provincial Offenses Act and together with such costs and expenses as are imposed thereunder.

5. That By-law Number 991-93 enacted the 20th day of October, 1993 is hereby repealed.