Noise bylaw

This bylaw is a consolidated digital version of the official legal document. It is not an exact reproduction and is for information purposes only.

For any questions related to this bylaw contact 519-747-8785 or municipalenforcement@waterloo.ca.

Bylaw number: 2010 - 073
Last passed by council: May 17, 2010

A bylaw to prohibit and regulate noise within the City of Waterloo

Interpretation
General Prohibitions
Prohibitions by time and place
General limitations on sound levels
Limitations applicable to specific sources
Exemptions
Grant of exemptions by designated official
Exemption of traditional, festive or religious activity
Order to discontinue activity
Work order
Remedial action
Enforcement and administration
Entry
Penalty
Alternative response
Severability
Title
Repeal
Coming into force
Schedule 1
Schedule 2
Schedule 3

Whereas section 129 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended (the "Act"), authorizes municipalities to pass bylaws to prohibit and regulate noise and vibration;

And whereas excessive or inadequately controlled sound or vibration may impair public health, safety and welfare and may become a nuisance;

And whereas a recognized body of scientific and technological knowledge exists by which sound may be reasonably and accurately measured and can be substantially reduced;

Now therefore council of the corporation of the City of Waterloo enacts as follows:

1.0 Interpretation

In this bylaw, the following terms shall have the following meanings:

(1) "Authorized Emergency Vehicle" includes any:

(a) ambulance;

(b) fire department vehicle;

(d) vehicle (including a snow plough) operated by or for the City;

(e) vehicle for a public utility company while actively engaged in the construction, maintenance or repair of any highway, or any equipment or facilities thereon; and,

(f) a snow plough or other maintenance vehicle operated by or for the Ministry of Transportation or the Regional Municipality of Waterloo;

(2) "Background Sound Level" is the sound level that is present in the environment, produced by noise sources other than the source under impact assessment. Highly intrusive short duration noise caused by a source such as aircraft fly-over or a train pass-by is excluded from the determination of the background sound level. Background sound level may also be referred to as "ambient sound level";

(3) "City" means The Corporation of The City of Waterloo;

(4) "Construction" includes erection, alteration, repair, dismantling, demolition, structural maintenance, land clearing, earth moving, grading, excavating, the laying of pipe and conduit whether above or below ground level, street and highway building, application of concrete, equipment installation and alteration and the structural installation of construction components and materials in any form or for any purpose, and includes any work in connection therewith;

(5) "Construction Equipment" means any equipment or device designed and intended for use in construction, or material handling, including but not limited to: hammers, saws, drills, augers, 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, concrete mixers, graders, or other material handling equipment;

(6) "Controlled Area" means those areas of the City designated C7 and C8 in the Zoning By-Law;

(7) "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;

(8) "Council" means the Council of the City;

(9) "dBA" means the A-weighted sound pressure level;

(10) "dBAI" means the A-weighted sound pressure level of an impulsive sound measured with a sound level meter set to "impulse" response;

(11) "Designated Official" means the Director of bylaw Enforcement of the City, or his or her designate;

(12) "Highway" includes a common and public highway, street, avenue, parkway, square, place, bridge, viaduct or trestle designed and intended for, or used by, the general public for the passage of vehicles;

(13) "Leq" means one hour equivalent sound level;

(14) "Lim" means logarithmic mean impulse sound level;

(15) "MLEO" means a person appointed by the City as a Municipal Law Enforcement Officer pursuant to s. 15 of the Police Services Act, R.S.O. 1990, c. P. 15, a's amended;

(16) "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;

(17) "Motorized Conveyance" means a conveyance propelled or driven otherwise than by muscular, gravitational or wind power;

(18) "Noise" means sound or vibration that is of such volume, level or nature that is likely to disturb the inhabitants of the City;

(19) "Person" means an individual, firm, corporation, partnership, association or organization, including a charitable organization;

(20) "Point of Reception":

(a) means any point on the premises of a person where sound originating from other than those premises is received; or,

(b) for the purposes of prohibitions by time and place in Schedule 2, "point of reception" includes, any point, on public property, adjacent to the premises where sound is originating from and any point in the interior common living areas of multiple attached dwelling units adjacent to the premises where sound is originating from;

(21) "Residential Area" means those areas of the City designated as residential in the Zoning By-Law;

(22) "Residential Renovation" means work, other than work performed by a licensed contractor, consisting of construction at a residential property by a person residing at the property (with or without the assistance of other persons) that does not require a building permit;

(23) "Sound" means an oscillation in pressure, stress, particle displacement or particle velocity, in a medium with internal forces (e.g., elastic, viscous), or the superposition of such propagated oscillations, which may cause an auditory sensation;

(24) "Sound Level" is the A-weighted sound pressure level;

(25) "Sound Level Meter" is an instrument which is sensitive to and calibrated for the measurement of sound;

(26) "Stationary Source" means a source of sound, whether fixed or mobile, that exists or operates on the premises, property or facility, the combined sound levels of which are emitted beyond the property boundary of the premises, property or facility, unless the source is due to construction as defined in this bylaw. Stationary source also includes the sound generated by back-up/reverse alarms mounted on vehicles when engaged in activities within a property, excluding those back-up/reverse alarms operated in connection with construction sites, road maintenance and emergency operations. Stationary source excludes noise sources addressed in a qualitative manner, that is clearly audible at a point of reception, such as dog barking, noisy parties, domestic power tools, radios, televisions, etc.; and

(27) "Zoning By-Law" means bylaws passed by the City pursuant to s. 34 of the Planning Act, R.S.O. 1990, P.13, as amended.

2.0 General Prohibitions

(1) No person shall emit, or cause or permit the emission, of sound resulting from an act listed in Schedule 1 to this bylaw, which sound is clearly audible at a point of reception.

3.0 Prohibitions by time and place

(1) No person shall emit or cause or permit the emission of noise:

(a) resulting from any act listed in Column 1 of Schedule 2 to this by law;

(b) if clearly audible at a point of reception in an area set out in Column 2 to Schedule 2 to this bylaw; and,

(2) Notwithstanding subsection (1), the noises listed in #12 and #15 of Column 1 of Schedule 2 shall be governed by this section for those times specified in Schedule 2, but section 4(1) shall apply at all other times.

4.0 General limitations on sound levels

(1) 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 Controlled Area or Residential Area, when measured with a sound level meter by a person empowered to enforce this bylaw, exceeds both the background sound level and exceeds the maximum permitted sound level limit for the time prescribed in Publication NPC-300 Environmental Noise Guideline – Stationary and Transportation Sources – Approval and Planning, as amended from time to time, or any successor thereof.

(2) Subsection (1) does not apply to specific sources that are governed by section 5, during the times specified in section 5.

5.0 Limitations applicable to specific sources

(1) No person shall, at any time, emit, cause or permit the emission of sound, which meet all of the following criteria:

(a) the sound is from the operation of a residential air conditioning device or a residential pool pump;

(b) the point of reception must be in a Controlled Area or Residential Area; and,

(c) the sound is in excess of both the background sound level and in excess of an Leq of 50 dBA when measured with a sound level meter by a person empowered to enforce this bylaw.

For greater certainty, this subsection does not apply to air conditioning units used in connection with institutional, commercial and industrial applications or multi-family dwellings sharing a common air conditioning device.

(2) No person shall, at any time, emit, cause or permit the emission of, any noise from any blasting operations without the prior approval of Council

(3) No person shall emit, cause or permit the emission of sound, which meet all of the following criteria:

(a) the sound being emitted is from a sound reproduction device;

(b) the sound occurs in any dwelling house, apartment or other residence or a business operation;

(c) the sound occurs between 07:00 hours (09:00 hours on Sundays) and 17:00 hours (19:00 hours in a Controlled Area) of the same day;

(d) the sound from the sound reproduction device is clearly audible in another dwelling unit within the same residence outlined in subsection (b); and,

(e) the sound has an Leq greater than both the background sound level and in excess of 45 dBA when measured in another dwelling within the same residence outlined in subsection (d) with a sound level meter by a person empowered to enforce this bylaw.

(4) No person shall emit, cause or permit the emission of sound, which meet all of the following criteria:

(a) the sound being emitted is from a sound reproduction device;

(b) the sound occurs in any dwelling house, apartment or other residence or a business operation;

(c) the sound occurs between 07:00 hours (09:00 hours on Sundays) and 17:00 hours (19:00 hours in a Controlled Area) of the someday; and,

(d) the sound has an Leq greater than both the background sound level and in excess of:

(i) 55 dBA when measured outside any dwelling house, apartment or other residence or a business operation at the property line with a sound level meter by a person empowered to enforce this bylaw; or,

(ii) 45 dBA when measured inside a business operation with a sound level meter by a person empowered to enforce this bylaw.

(5) No person shall emit, cause or permit the emission of sound, which meet all of the following criteria:

(a) the sound being emitted is from an unamplified musical instrument:

(b) the sound occurs in any dwelling house, apartment house, hotel or other residence; or a business

(c) the sound occurs between 07:00 hours (09:00 hours on Sundays) and 17:00 hours (19:00 hours in a Controlled Area) of the same day;

(d) the sound has an Leq greater than both the background sound level and in excess of:

(i) 55 dBA when measured outside any dwelling house, apartment or other residence or a business operation at the property line with a sound level meter by a person empowered to enforce this bylaw; or,

(ii) 45 dBA when measured inside a business operation with a sound level meter by a person empowered to enforce this bylaw.

6.0 Exemptions

Notwithstanding any other provision of this bylaw, it shall be lawful to emit or cause or permit the emission of sound in connection with:

(1) any of the activities listed in Schedule 3; or,

(2) emergency measures undertaken for the immediate health, safety or welfare of the inhabitants of the City, including emergency measures undertaken for the preservation or restoration of property.

7.0 Grant of exemptions by designated official

(1) Any person may make application to the Designated Official to be granted an exemption from any of the provisions of this bylaw.

(2) The application shall be made in writing at least sixty (60) days prior to the event or activity and shall contain, at a minimum, the following information or documentation:

(a) the name and address of the applicant;

(b) the name and address of the organization represented by the applicant, if applicable;

(d) a drawing of the proposed property showing the location of the noise source that is the subject of the exemption and the distance to the nearest residential use that may be effected;

(e) the particular provision or provisions of the bylaw from which the exemption is sought;

(f) the period of time, of a duration not in excess of six (6) months, for which the exemption is sought;

(g) the location of the event or activity for which the exemption is sought;

(h) the estimated number of attendees (for events or activities other than those relating to construction projects and at the discretion of the designated official);

(i) if the total estimated number of attendees is greater than sixty (60), one MLEO shall be required to attend the event or activity as part of the noise exemption, at the applicant's sole expense; and,

(ii) if the total estimated number of attendees is greater than one hundred and twenty (120), two MLEOs shall be required to attend the event or activity as part of the noise exemption, at the applicant's sole expense;

(i) the reasons why the exemption should be granted; and,

(j) the applicable fee as set out in the City's Fees and Charges Bylaw.

(3) Pursuant to section 23.1 of the Act, Council hereby delegates to the Designated Official the power to issue permits granting an exemption from any of the provisions of this bylaw.

(4) The delegation of power in subsection (2) may be revoked by Council at any time without notice.

(5) Council shall exercise all powers and authority for granting exemptions under this bylaw where the Designated Official refers the matter to Council.

(6) The Designated Official or Council may:

(a) refuse to grant any exemption;

(b) grant an exemption; or,

(7) Any exemption granted shall specify the time period, not in excess of six (6) months, during which it is effective and may contain such terms and conditions as the Designated Official or Council sees fit.

(8) In determining whether to grant an exemption, the Designated Official or Council shall consider the following, if applicable:

(a) any objection to the exemption being approved on the basis that it would be contrary to the general intent and purpose of this bylaw;

(b) whether the applicant has complied with all of the terms and conditions of any previous exemption issued to the applicant, if any; and,

(9) An exemption permit issued under this section shall be, at minimum, subject to the following terms and conditions:

(a) the sound emitted from any equipment shall not exceed an Leq of 85 dBA when measured 20 metres from the source over a five minute period or sound from any

8.0 Exemption of traditional, festive or religious activity

Notwithstanding any other provision of the this bylaw, this bylaw shall not apply to a person who emits, or causes or permits the emission of, sound integral to any of the events or activities outlined in this section:

(1) UpTown Waterloo Ice Dogs Festival;

(2) UpTown Country;

(3) UpTown Waterloo Jazz Festival;

(4) Waterloo Busker Carnival;

(5) Oktoberfest Barrel Race;

(6) Victorian Carollers;

(7) Summer Concert Series;

(8) UpTown Music Festival;

(9) University of Waterloo Canada Day celebrations;

(10) Royal Medieval Faire;

(11) Wonders of Winter Festival of Lights; or,

(12) K-W Oktoberfest events or activities.

9.0 Order to discontinue activity

(a) Where the Director of Bylaw Enforcement has reasonable grounds to believe that a contravention of this Bylaw has occurred, the Director of Bylaw Enforcement may make an order requiring the person who contravened the Bylaw or who caused or permitted the contravention or the owner or occupier of the land on which the contravention occurred to discontinue the contravening activity.

(b) An order under (a) shall set out:

i) reasonable particulars of the contravention adequate to identify the contravention and the location of the land on which the contravention occurred; and

ii) the date by which there must be compliance with the order

10.0 Work order

(a) Where the Director of Bylaw Enforcement has reasonable grounds to believe that a contravention of this Bylaw has occurred, the Director of Bylaw Enforcement may make an order requiring the person who contravened this Bylaw or who caused or permitted the contravention or the owner or occupier of the land on which the contravention occurred to do work to correct the contravention

(b) An order under (a) shall set out:

i) reasonable particulars of the contravention adequate to identify the contravention and the location of the land on which the contravention occurred; and

ii) the work to be done and the date by which the work must be done

11.0 Remedial action

(a) If a person fails to do a matter or thing, including comply with an Order under this Bylaw, as directed or required by this Bylaw, the City may, in default of it being done by the person directed or required to do it, do the matter or thing at the person’s expense. The City may recover the costs of doing the matter or thing from the person directed or required to do it by action or, where the Order is directed to the owner of the land, by adding the costs to the tax roll and collecting them in the same manner as municipal taxes.

(b) The costs outlined in (a) shall include interest calculated at a rate of 15 per cent per annum, calculated for the period commencing on the day the City incurs the costs and ending on the day the costs, including the interest, are paid in full.

(c) Where the Order is directed to the owner of the land, the amount of the costs, including interest, constitutes a lien on the land upon the registration in the proper land registry office of a notice of lien. The lien is in respect of all costs that are payable at the time the notice is registered plus interest accrued to the date the payment is made. Upon receiving payment of all costs payable plus interest accrued to the date of payment, the City shall register a discharge of the lien in the proper land registry office.

12.0 Enforcement and administration

(1) The Designated Official shall administer and enforce this bylaw.

(2) MLEOs employed by the City and police constables who are members of the Waterloo Regional Police Service are hereby authorized to enforce this bylaw.

(3) University of Waterloo Special Constables and Wilfrid Laurier University Special Constables are hereby authorized to enforce this bylaw on property belonging to their respective University.

(4) The following Ministry of the Environment Noise Pollution Control (NPC) documents shall be used as a guide when administering this bylaw: NPC 101, NPC 102, NPC 103, NPC 104, NPC 115, NPC 117, NPC 118, NPC 119, NPC 216, NPC 233 and NPC 300. The references herein shall mean the NPC, as amended from time to time, or any successor thereof.

13.0 Entry

(1) An MLEO or police officer may enter onto land at any reasonable time for the purpose of carrying out an inspection to determine if this Bylaw or a direction or order issued under this Bylaw is being complied with.

(2) For the purposes of an inspection under (1), an MLEO or police officer may:

(a) require the production for inspection of documents or things relevant to the inspection;

(b) inspect and remove documents or things relevant to the inspection for the purpose of making copies or extracts;

(d) alone or in conjunction with a person possessing special or expert knowledge, make examinations or take tests, samples or photographs necessary for the purposes of the inspection

14.0 Penalty

(1) Every person who contravenes any of the provisions of this bylaw is guilty of an offence and, pursuant to section 429 of the Act; all contraventions of this bylaw are designated as continuing offences.

(2) Every person, excluding a corporation, who is convicted of an offence is liable to a maximum fine of $25,000 for a first offence and a maximum fine of $50,000 for a subsequent offence.

(3) Every corporation who is convicted of an offence is liable to a maximum fine of $50,000 for a first offence and $100,000 for a subsequent offence.

(4) In addition to the fine amounts set out in subsection (2) and (3), for each day or part of a day that an offence continues, the maximum fine shall be $10,000. The total of all daily fines for the offence is not limited to $100,000.

15.0 Alternative response

(1) This section only applies to alleged bylaw violations involving Stationary Sources.

(2) Where the Designated Official, or other person authorized by Council to enforce this bylaw, issues a notice in writing to a person indicating that they are alleged to have violated, or are currently violating, this bylaw, the aforesaid person may:

(a) respond to the aforesaid notice within forty five (45) days of the issuance of the notice to the Designated Official or to the person indicated in the notice by submitting a noise study report by a licensed professional engineer with applicable experience in acoustics and noise.

(3) The noise study report mentioned in subsection 2(a) shall include the following information:

(a) the description of the equipment/facility/operation and the operating hours;

(b) the land use zoning designation of the surrounding area;

(d) the relevant architectural and mechanical drawings;

(e) the details of proposed noise and vibration control measures; and,

(f) other details which may be required and outlined in NPC 233, as amended from time to time, or any successor thereof.

(4) Where the noise study report proposes a solution to the alleged violation of this bylaw which is acceptable to the City in the absolute discretion of Council, then the person who is alleged to have violated this bylaw may implement the proposal contemplated in the noise study report to address the alleged violation.

(5) Where the noise study report proposes a solution to the alleged violation of this bylaw which is acceptable to the City in the absolute discretion of Council, then the person who is alleged to have violated this bylaw may implement the proposal contemplated in the noise study report to address the alleged violation.

16.0 Severability

If a Court of competent jurisdiction should declare any section or part of a section of this bylaw 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 bylaw and the remainder of the bylaw shall be valid and shall remain in force.

17.0 Title

This bylaw may be referred to as the "Noise By-Law".

18.0 Repeal

By-Laws 78-79 and 86-75 as well as any sections of the Municipal Code dealing with noise or vibration are hereby repealed.

19.0 Coming into force

This bylaw shall come into force and effect on August 31, 2010.

20.0 Schedule 1

(1) 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.

(2) The operation of any item of construction equipment in a Controlled Area or Residential Area without effective muffling devices in good working order and in constant operation.

21.0 Schedule 2

21.0 Schedule 3

(1) Operation of Authorized Emergency Vehicles.

(2) Operation of bells or other alarms utilized as traffic control devices, including the following:

(a) bells and other devices at traffic signal locations; and,

(b) bells at railway crossings

(3) Operation of machines and equipment by or on behalf of the City, including but not limited to the following:

(a) painting machines for crosswalks and highways;

(b) tree and shrub pruning and mulching equipment;

(d) City owned or contracted street cleaners and flushers; and

(e) construction equipment and machinery, including snow removal equipment, used by or on behalf of the City while carrying on or engaged in the performance of public works, including but not limited the following, capital projects and maintenance operations.

(4) Operation of bells, chimes, carillons and clocks in religious or public buildings.

(5) Operation of machinery by or on behalf of a public utility where the work needs to be done on week-ends or overnight to minimize service interruptions.

(6) Operation of construction equipment where the City has issued a road use permit and in issuing such permit the City mandates that the work be done on week ends or overnight to minimize traffic impacts.

(7) Noises normally incidental to activities taking place pursuant to a City issued permit for outdoor recreational facilities, subject to any conditions applicable to such permit or noises normally incidental to City-approved events or activities at outdoor recreational facilities.

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title 1	Residential areas	Controlled areas
The detonation of fireworks or explosive device not used in construction	At all times other than those permitted by other City bylaws	At all times other than those permitted by other City bylaws
The discharge of firearms (except by police).	At all times	At all times
The operation of a combustion engine which: i)Is: ii)Is used in: or, iii)Is intended for use in; a toy or a model or replica of any device, which model or replica has no function other than amusement and which is not a conveyance.	19:00 one day to 09:00 next day	19:00 one day to 09:00 next day
The operation of any electronic device or group of connected electronic or other electro-mechanical transducers, and intended for the production, reproduction or amplification of sound.	17:00 one day to 07:00 next day (09:00 on Sundays)	19:00 one day to 07:00 next day (09:00 on Sundays)
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 or in accordance with good safety practices.	All day Sundays and Statutory Holidays. 19:00 one day to 07:00 next day otherwise	All day Sundays and Statutory Holidays. 19:00 one day to 07:00 next day otherwise
The operation of any powered rail car including but not limited to refrigeration cars, locomotives or self-propelled passenger cars, while stationary on property not owned or controlled by a railway governed by the Canada Railway Act.	19:00 one day to 07:00 next day (09:00 on Sundays)	19:00 one day to 07:00 next day (09:00 on Sundays)
The operation of any motorized conveyance other than on a highway or other place intended for its operation.	19:00 one day to 07:00 next day (09:00 on Sundays)	19:00 one day to 07:00 next day (09:00 on Sundays)
Persistent barking, calling or whining or other similar persistent noise making by any domestic pet or any other animal kept or used for any purpose other than agriculture.	At all times	At all times
Persistent or repetitive yelling, shouting, hooting, whistling or singing.	At all times	At all times
Yelling, shouting, hooting, whistling, or singing.	23:00 one day to 07:00 next day (09:00 on Sundays)	23:00 one day to 07:00 next day (09:00 on Sundays)
All selling or advertising by shouting or outcry or amplified sound.	All selling or advertising by shouting or outcry or amplified sound.	19:00 one day to 07:00 next day otherwise (09:00 on Sundays)
Loading, unloading, delivering, packing, unpacking, or otherwise handling any equipment, containers, products, materials, or refuse (other than as contemplated by 15 below), whatsoever, unless necessary for the maintenance of essential services or the moving of private household effects.	All day Sundays and Statutory Holidays. 19:00 one day to 07:00 next day otherwise	All day Sundays and Statutory Holidays. 19:00 one day to 07:00 next day otherwise
The operation of any construction equipment other than in connection with Residential Renovations.	All day Sundays and Statutory Holidays. 19:00 one day to 07:00 next day otherwise.	All day Sundays and Statutory Holidays. 19:00 one day to 07:00 next day otherwise.
Holidays. 19:00 one day to 07:00 next day otherwise.	The playing of unamplified musical instruments.	21:00 one day to 07:00 next day (09:00 on Sundays)
The operation of solid waste bulk lift or refuse compacting equipment.	21:00 one day to 07:00 next day (09:00 on Sundays)	21:00 one day to 07:00 next day (09:00 on Sundays)
Residential Renovations	21:00 one day to 07:00 next day (09:00 on Sundays)	21:00 one day to 07:00 next day (09:00 on Sundays)
The playing of unamplified musical instruments.	17:00 one day to 07:00 next day (09:00 on Sundays)	19:00 one day to 07:00 next day (09:00 on Sundays)