City of Kingston - Noise Bylaw

CITY OF KINGSTON

Ontario

By-Law Number 2004-52

A By-Law To Regulate Noise

Passed: March 2, 2004

As Amended By By-Law Number:

By-law Number

Date Passed

By-law Number 2007-51

March 6, 2007

By-law Number 2011-32

March 22, 2011

By-law Number 2017-67

April 4, 2017

By-law Number 2017-68

April 4, 2017

By-law Number 2017-69

April 4, 2017

By-law Number 2020-112

August 11, 2020

By-Law Number 2021-108

July 13, 2021

(Office Consolidation)

Page 2 of 20

City of Kingston By-law Number 2004-52

A By-Law To Regulate Noise

Index

Section

Definitions

1.0

Application

2.0

Administration

3.0

Regulations

4.0

Exemptions

5.0

Schedules

6.0

Schedule A - General Noise Prohibitions;

Schedule B - Noise Prohibitions by Time and Place;

Schedule C - Exemptions from the Noise Prohibitions; and

Schedule D - Designated Residential Areas

Schedule E - Downtown Kingston Business Improvement Area

Page 10

Pages 11-14

Page 15

Pages 16

Page 17

Offence and Penalty Provisions

7.0

Validity

8.0

Commencement

9.0

(By-law Number 2004-52; 2007-51; 2011-32)

Page 3 of 20

City Of Kingston By-Law Number 2004-52

A By-Law To Regulate Noise

Passed: March 2, 2004

Whereas section 129 of the Municipal Act, 2001 authorizes the council of

every local municipality to regulate and prohibit with respect to noise;

and

Whereas section 434.1(1) of the Municipal Act, 2001, as amended from

time to time, provides that a municipality may require a person, subject to

such conditions as the municipality considers appropriate, to pay an

administrative penalty if the municipality is satisfied that the person has

failed to comply with a by-law of the municipality passed under this Act;

(By-Law Number 2020-112)

Therefore the Council of The Corporation of the City of Kingston enacts as

follows:

1. Definitions:

In this by-law,

“Administrative Penalty” means an administrative penalty

administered pursuant to “By-law 2020-69 of the Corporation of the

City of Kingston being “A By-Law to Establish a Process for

Administrative Penalties”

“Agricultural property” means a property that is zoned for

agricultural use in the zoning by-law that applies to the property;

Chief Fire Official” means the assistant to the Fire Marshal who is

the Fire Chief of the City of Kingston, or a member or members of

Kingston Fire and Rescue appointed by the Fire Chief to be Chief Fire

Officials, subject to the limitations and conditions as are set out in the

appointment.

“City” and “City of Kingston” mean The Corporation of the City of

Kingston, as incorporated on January 1, 1998, and all of its

administrative units;

“Construction” includes erection, alteration, repair, dismantling,

demolition, structural maintenance, painting, moving, land clearing,

earth moving, grading, excavation, blasting and detonation of

explosive devices other than fireworks, 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 materials in any form or

for any purpose, and includes any associated or related work;

Page 4 of 20

Definitions cont’d

“Construction equipment” means any equipment or device

designed and intended for use in construction 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,

trucks, ditchers, compactors and rollers, pumps, concrete mixers,

graders or other material handling equipment;

“Council” and “City Council” mean the Council of the City of

Kingston;

“Downtown Kingston Business Improvement Area” means the

geographical area as defined in Schedule E to this by-law.

“Emergency” means a situation or an impending situation, often

dangerous, caused by the forces of nature, an accident, an intentional

act or otherwise, which arises suddenly and calls for prompt action;

“Emergency vehicle” includes a land ambulance, an air ambulance,

a fire department vehicle, a police vehicle, and a motor vehicle being

used to respond to an emergency;

“Explosives Act” means the Explosives Act, R.S.C. 1985, c. E-17,

as amended, or any successor legislation thereof;

“Explosives Regulations” means the Explosives Regulations, 2013,

SOR/2013-211, as amended, or any successor legislation thereof;

“Fireworks” means, in the context of this by-law, consumer fireworks

as classified by the Chief Inspector of Explosives in accordance with

the Explosives Act and the Explosives Regulations. It also means

display fireworks and special effect pyrotechnics, as classified by the

Chief Inspector of Explosives in accordance with the Explosives Act

and the Explosives Regulations, when the detonation of such has

been authorized by the Chief Fire Official;

“Licensing and Enforcement Division” means the administrative

unit of the Planning, Building and Licensing Services Department that

is responsible for enforcing the general by-laws of the City or, in the

event of organizational changes, another administrative unit

designated by Council to carry out this responsibility;

“Manager of Licensing and Enforcement” means the Manager of

the Licensing and Enforcement Division, of the Planning, Building and

Licensing Services Department, his or her designate or, in the event

of organizational changes, another employee designated by City

Council.

Page 5 of 20

Definitions cont’d

“Motor vehicle” includes an automobile, bus, truck, motorcycle,

motor assisted bicycle and any other vehicle propelled or driven other

than by muscular power, but does not include a motorized snow

vehicle, traction engine, farm tractor, other farm vehicle or road-

building machine;

“Municipal service vehicle” means a vehicle operated by or on

behalf of the City or a local board of the City while the vehicle is being

used for the construction, repair or maintenance of a highway,

including the clearing and removal of snow, the construction, repair or

maintenance of a utility, the collection or transportation of waste, or

other municipal purpose;

“Noise” means sound that is unusual or excessive, or that is

unwanted by or disturbing to persons;

“Other areas” means the lands designated in Schedule D as “other

areas”;

“Penalty Notice” means a notice given pursuant to sections 2.2 and

2.4 of “By-law 2020-69 of the Corporation of the City of Kingston

being “A By-Law to Establish a Process for Administrative Penalties”

“Person” includes a corporation as well as an individual, and shall

include the owner of a property;

“Premises” means a piece of land and any buildings and structures

on it, and includes a place of business, a public highway, private road,

lane, pathway and sidewalk, and any other location or place;

“Residence” means a room, suite of rooms, or dwelling, including a

mobile trailer, operated as a housekeeping unit that is used or

intended to be used as a separate domicile by one or more persons,

and that normally contains cooking, eating, living, sleeping and

sanitary facilities;

“Residential areas” means all lands within the geographic

boundaries of the City except for those lands designated in Schedule

D as “other areas”;

“Sports field” means any area, not on property with a residential

use, or vacant and eligible for a residential use, as defined in the

City’s zoning by-laws, whether or not delineated by lines, that is

designated as a playing surface, and includes any adjacent seating

area or stands;

“Statutory holiday” includes Boxing Day and any day within the

definition of "holiday" in the Retail Business Holidays Act R.S.O. 1990,

Ch. R.30, as amended, or any successor thereof;

Page 6 of 20

Definitions cont’d

“Utility” means a system that is used to provide a utility service to the

public, including water, sewage, electricity, gas, communications

networks and cable services;

“Utility service vehicle” means a vehicle operated by or on behalf of

Utilities Kingston, its subsidiary companies, and by any other

company or agency that supplies or manages a utility within the City

while the vehicle is being used for the construction, repair or

maintenance of that utility;

“Vehicle” includes a motor vehicle, trailer, traction engine, farm

tractor, road-building machine and other vehicle propelled or driven

other than by muscular power; and

“Zoning by-law” means a by-law passed under section 34 of the

Planning Act that restricts the use of land.

(By-law Number 2004-52; 2017-68; 2020-112)

Page 7 of 20

2. Application:

2.1 The general prohibitions on activities described in Schedule A

apply to the lands within the residential areas and other areas of

the City designated in Schedule D at all times.

2.2 The prohibitions on activities by time and place described in

Schedule B apply to the lands within the residential areas and

other areas of the City designated in Schedule D during the days

and between the hours specified in Schedule B.

3. Administration:

3.1 The Licensing and Enforcement Division is responsible for the

administration of this by-law.

3.2 All Provincial Offences Officers with authority to enforce the by-

laws of the City are responsible for enforcing the provisions of

this by-law.

3.3 Any person may submit an application to the Licensing and

Enforcement Division requesting an exemption from any of the

prohibitions described in Schedules A and B.

3.4 Council approved exemptions will be in effect for the dates

specified, and Council may impose any conditions that it

considers appropriate.

3.5 A Council approved exemption shall be invalid if these conditions

are contravened.

3.6 Notwithstanding sections 3.3 and 3.4, the Manager of Licensing

and Enforcement, or his or her designate, has delegated

authority to approve an application for exemption from the noise

prohibitions listed in section 1 and section 3 of Schedule B of this

by-law to permit the pouring, saw-cutting and finishing of

concrete, between 1900 hours and 2300 hours, one day per

week, excluding Sundays and Statutory Holidays.

3.7 Notwithstanding sections 3.3 and 3.4, the Manager of Licensing

and Enforcement, or his or her designate, has delegated

authority to approve an application for exemption from the noise

prohibitions listed in section 1 and section 3 of Schedule B of this

by-law to permit construction activity and the operation of

construction equipment in connection with construction between

1900 hours and 2100 hours, one day per week, excluding

Saturdays, Sundays and Statutory Holidays.

Page 8 of 20

Administration: cont’d

3.8 Exemptions approved by the Manager of Licensing and

Enforcement shall be in effect for the dates specified, and the

Manager of Licensing and Enforcement may impose any

conditions that he or she considers appropriate.

3.9 An exemption approved by the Manager of Licensing and

Enforcement shall be invalid if these conditions are contravened.

(By-law Number 2004-52; 2017-68)

4. Regulations:

4.1 No person shall, at any time, make, cause or permit the making of

noise within the City that is the result of any of the activities

described in Schedule A and that is audible to:

(1) a person in a premises or a vehicle other than the premises

or vehicle from which the noise is originating; or

(2) a person in a residence other than the residence from which

the noise is originating.

4.2 No person shall, during the days and between the hours specified

in Schedule B, make, cause or permit the making of noise within

the residential areas and other areas designated in Schedule D

that is the result of any of the activities described in Schedule B

and that is audible to:

(1) a person in a premises or a vehicle other than the premises

or vehicle from which the noise is originating; or

(2) a person in a residence other than the residence from which

the noise is originating.

4.3 No person shall obstruct or hinder or attempt to obstruct or hinder

a Provincial Offences Officer or other authorized employee or

agent of the City in the exercise of a power or the performance of

a duty under this by-law.

(By-law Number 2004-52; 2017-68)

4.4 Where a Provincial Offences Officer has reasonable grounds to

believe that an offence under this By-Law has been committed

by a Person, the Provincial Offences Officer may require the

name, address, and proof of identity of that Person.

(By-Law Number 2020-112)

4.5 Failure to provide proof of identification satisfactory to the

Provincial Offences Officer when requested to do so pursuant to

Section 4.4 of this By-Law shall constitute obstruction of an

Officer under Section 4.3 of this By-Law.

(By-Law Number 2020-112)

Page 9 of 20

5. Exemptions:

5.1 The prohibitions described in Schedules A and B do not apply if

the noise is the result of measures undertaken in an emergency

for the:

(1) immediate health, safety or welfare of the inhabitants; or

(2) preservation or restoration of property;

unless the noise is clearly of a longer duration or of a more

disturbing nature than is reasonably necessary to deal with

the emergency.

5.2 The prohibitions described in Schedules A and B do not apply if

the noise is the result of any of the activities described in Schedule

5.3 The prohibitions described in Schedules A and B do not apply if

the noise is the result of an activity that has been granted an

exemption under section 3.4, 3.6, or 3.7.

(By-law Number 2004-52; 2017-68)

Page 10 of 20

6. Schedules:

The following schedules are attached to and form part of this by-law:

Schedule A - General Noise Prohibitions;

Schedule B - Noise Prohibitions by Time and Place;

Schedule C - Exemptions from the Noise Prohibitions; and

Schedule D - Designated Residential Areas and Other Areas

Schedule E- Downtown Kingston Business Improvement Area

(By-law Number 2004-52; 2011-32; 2017-68)

Page 11 of 20

7. Offence And Penalty Provisions:

7.1a Every person who contravenes any provision of this By-Law shall,

upon issuance of a Penalty Notice in accordance with

Administrative Penalty Process By-Law 2020-69, be liable to pay

to the City an Administrative Penalty in accordance with Schedule

B of Administrative Penalty Process By-Law 2020-69.

(By-Law Number 2004-52; 2020-112; 2021-108)

7.1 Notwithstanding section 7.1a of the By-law, every person, other

than a corporation, who contravenes any provision of this By-law

is guilty of an offence and on conviction is liable to a fine of not

more than $10,000 for a first offence and $25,000 for any

subsequent offence, as provided for in subsection 429 (2) (c) of

the Municipal Act, 2001, as amended from time to time

(By-Law Number 2020-112)

7.2 Notwithstanding section 7.1a of this By-law, every corporation that

contravenes any provision of this By-Law and every officer or

director of a corporation who knowingly concurs in such

contravention is guilty of an offence and on conviction is liable to

a fine of not more than $50,000 for a first offence and $100,000

for any subsequent offence, as provided for in subsections 425(3)

and 429(2) (a) of the Municipal Act, 2001, as amended from time

to time.

(By-Law Number 2020-112)

7.3 If this by-law is contravened and a conviction entered, the court in

which the conviction has been entered and any court of competent

jurisdiction thereafter may, in addition to any other remedy and to

any penalty that is imposed, make an order prohibiting the

continuation or repetition of the offence by the person convicted.

(By-law Number 2004-52; 2017-68)

7.4 If a Person is required to pay an Administrative Penalty under

section 7.1a in respect of a contravention of this By-Law, the

Person shall not be charged with an offence in respect of the

same contravention.

(By-Law Number 2020-112)

7.5 In accordance with Section 351 of the Municipal Act, 2001, as

amended from time to time, the treasurer of the City may add

unpaid fees, charges and/or fines issued under this By-Law to

the tax roll and collect them in the same manner as property

taxes.

(By-Law Number 2020-112)

Page 12 of 20

8. Validity:

8.1 If a court of competent jurisdiction declares any provision, or any

part of a provision, of this by-law to be invalid, or to be of no force

and effect, it is the intention of Council in enacting this by-law that

each and every provision of this by-law authorized by law be

applied and enforced in accordance with its terms to the extent

possible according to law.

(By-law Number 2004-52)

9. Commencement:

9.1 This by-law comes into effect three months after the day that it

receives third reading and is passed.

(By-law Number 2004-52)

***********************************************************

Page 13 of 20

Schedule A

General Noise Prohibitions

1. Operation of a motor vehicle or motorized snow vehicle in a race.

2. Operation of a motor vehicle in such a way that the tires squeal.

3. Operation of a combustion engine or pneumatic device without an

effective exhaust muffling device that is in good working order and in

constant operation.

4. Operation of any item of construction equipment without an effective

exhaust muffling device that is in good working order and in constant

operation.

5. Operation of a vehicle in a manner that results in banging, clanking,

squealing or similar sounds because of inadequate maintenance or an

improperly secured load.

6. Operation of the horn of a vehicle or other warning device except

where required or authorized, or in accordance with good safety

practice.

7. Operation of any outdoor auditory signaling device, including but not

limited to outdoor paging systems, the ringing of bells or gongs, the

use of sirens or chimes, or the sounding of whistles for any purpose

other than to control organized sporting activities at a sports field, 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 practice.

8. Persistent barking, calling or whining or other similar persistent noise-

making by animals and birds kept as household pets.

9. Selling or advertising by shouting, yelling or amplified sound.

(By-law Number 2004-52; 2017-68)

Page 14 of 20

Schedule B

Noise Prohibitions By Time And Place

Activity

Prohibited Times

Residential Areas

Prohibited Times

Other Areas

1. Operation of construction

equipment in connection with

construction.

C and F

2. Playing of musical instruments,

including percussion

instruments

3. Erection, alteration, repair,

dismantling, or any activity

related to construction.

C and F

4. Operation of any device or

group of connected devices

intended for the production,

reproduction, or amplification of

voices or sound, except for the

playing of the national anthem

and for intermittent game

related announcements during

organized sporting activities at a

sports field, on the condition that

the volume does not exceed the

minimum level required to be

clearly audible to persons at a

sports field.

5. Operation of a combustion

engine that (i) is, or (ii) is used

in, or (iii) is intended for use in a

toy or a model or replica of a

larger device, which is not a

conveyance and which has no

purpose other than amusement.

6. Venting, release or pressure

relief of air, steam or other

gaseous material, product or

compound from any autoclave,

boiler, pressure vessel, pipe,

valve, machine, device or

system.

7. Operation of a solid waste bulk

lift or refuse compacting

equipment, except within the

geographical boundaries of the

Downtown Kingston Business

Improvement Area.

Page 15 of 20

Activity

Prohibited Times

Residential Areas

Prohibited Times

Other Areas

8. Operation of commercial car

wash equipment.

9. Operation of any powered rail

car including but not limited to

locomotives and refrigeration

cars while stationary on property

not owned or controlled by a

railway company governed by

the Railway Safety Act

(Canada).

10. Operation of any motorized

conveyance other than on a

highway or other place intended

for its operation.

11. Outdoor operation of any

powered or non-powered tool

for domestic purposes other

than snow removal.

12. Loading, unloading, delivering,

packing, unpacking or otherwise

handling any containers,

products, other materials or

refuse, unless necessary for the

maintenance of essential

services or the moving of private

household effects.

C and F

13. Operation of a pit or quarry.

C and F

14. Take-off or landing of a power-

assisted hang glider, parafoil, or

aircraft of any type.

15. Yelling, shouting, hooting,

whistling or singing, except

during organized sporting

activities at a sports field.

16. Yelling, shouting, hooting,

whistling or singing during

organized sporting activities at a

sports field.

17. Amplification of voices or sound

for the playing of the national

anthem and for intermittent

game related announcements

during organized sporting

activities at a sports field.

Page 16 of 20

Activity

Prohibited Times

Residential Areas

Prohibited Times

Other Areas

18. Whistles when used to control

organized sporting activities at

a sports field.

19. Collecting waste and refuse,

including operation of a solid

waste bulk lift or refuse

compacting equipment within

the geographical boundaries of

the Downtown Kingston

Business Improvement Area.

N/A

20. Setting off of fireworks.

(By-law Number 2004-52; 2017-68; 2017-69)

Page 17 of 20

Prohibited Times

A. At any time

B. 1700 hours (5:00pm) of one day to 0700 hours of the next day (0900

Sundays)

C. 1900 hours (7:00pm) of one day to 0700 hours of the next day (0900

Sundays)

D. 2100 hours (9:00pm) of one day to 0700 hours of the next day (0900

Sundays)

E. 2300 hours (11:00pm) of one day to 0700 hours of the next day

(0900 Sundays)

F. All day Sundays and Statutory Holidays

G. 2230 hours (10:30 pm) of one day to 0800 hours of the next day

H. 2230 hours (10:30 pm) of one day to 0700 hours of the next day

(0800 Sundays)

I. 2300 hours (11:00 pm) of one day to 0700 hours of the next day

(0800 Sundays)

J. 2100 hours (9:00pm) of one day to 0600 hours of the next day

K. At any time except:

a) between dusk and 2300 hours (11:00 pm) on Victoria Day;

b) between dusk and 2300 hours (11:00 pm) on the day immediately

preceding Victoria Day;

c) between dusk and 2300 hours (11:00 pm) on Canada Day;

d) between dusk and 2300 hours (11:00 pm) on the day immediately

preceding Canada Day;

e) between dusk on New Year’s Eve and 0030 hours (12:30 am) on

New Year’s Day; or,

f) when authorized by the Chief Fire Official.

(By-law Number 2004-52; 2017-68)

Page 18 of 20

Schedule C

Exemptions From The Noise Prohibitions

1. Operation of emergency vehicles.

2. Operation of municipal service vehicles and related equipment.

3. Operation of utility service vehicles and related equipment.

4. Midways that have been authorized by the City.

5. Circuses that have been authorized by the City.

6. Races, parades, processions, and events for ceremonial, religious or

traditional purposes that have been authorized by the City.

7. Operation of bells, chimes, carillons and clocks in places of worship

and public buildings.

8. Cultural, recreational, educational and political events in parks and

other public places that have been authorized by the City.

9. Neighbourhood events on municipal highways and other municipal

property that have been authorized by the City.

10. Aviation activities at Norman Rogers Airport.

11. Agricultural activities on agricultural properties.

(By-law Number 2004-52; 2017-68)

Page 19 of 20

Schedule D

Designated Residential Areas and Other Areas

Note: 11x18 New Schedule D is attached to the PDF formatted By-law which shows

the conversion of the parcels of land known as 1000 King Street West, 1032 King

Street West, 1066 Kingston street West and 1098 Kingston Street West from “Other

area” designation to “Residential Area” designation by applying the applicable colour

code to the map.

(By-law Number 2004-52; 2011-32; 2017-68; 2017-67)

Page 20 of 20

Schedule E

Downtown Kingston Business Improvement Area

(By-law 2004-52; 2017-68)