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Home My WebLink AboutChapter 450 - Noise GENERAL Chapter 450 NOISE Article I INTERPRETATION 450.1.1 Noise- defined 450.1.2 Officer- defined Article 2 UNUSUAL NOISE -PROHIBITED 450.2.1 Unusual noise-prohibited 450.2.2 Adult of dwelling -responsibility Article 3 MOTOR VEHICLE 450.3.1 Warning device- lawful use only 450.3.2 Warning device-unreasonable period 450.3.3 Disrepair- maladjustment 450.3.4 Motor vehicles 450.3.5 Exhaust- except through muffler Article 4 ANIMAL OR BIRD 450.4.1 Unreasonable disturbance- of the peace Article 5 STEAM -AIR- GASEOUS MATERIAL 450.5.1 Whistle- attached to boiler- other mechanisms KITCHENER 450.1 DECEMBER 2010 NOISE 450.5.2 Venting -pressure release Article 6 CONSTRUCTION WORK 450.6.1 Excavation - demolition - alteration - time limit Article 7 RADIO-AMPLIFIER-PUBLIC ADDRESS SYSTEM 450.7.1 Radio - television -record or tape player 450.7.2 Attracting attention - to performance- advertising 450.7.3 Motor vehicle-radio operated from Article 8 OTHER NOISES 450.8.1 Air-conditioning equipment 450.8.2 Shouting - yelling -hooting -whistling - singing 450.8.3 Quiet zones - school -hospital - court Article 9 EXCEPTIONS 450.9.1 Prohibitions - where not applicable 450.9.2 Use- amplification - in a reasonable manner 450.9.3 Band or parade-having written permission 450.9.4 Commercial calling - legitimate-moderate 450.9.5 Police- Ambulance-public service 450.9.6 Radio - in motor vehicle- limitation 450.9.7 Railway- operation -plant 450.9.8 Public convenience- necessity 450.9.9 Exemption - snow removal - for safety DECEMBER 2010 450.2 KITCHENER 450.1.1 NOISE 450.3.1 Article 10 ENFORCEMENT 450.10.1 Fine- for contravention 450.10.2 Inspection -right of entry Article 1 INTERPRETATION 450.1.1 Noise-defined Without limiting the generality of the provisions of Section 450.2.1 the fol- lowing noises or sounds set out in Sections 450.3.1 through 450.8.3,inclu- sive, shall be deemed to be unusual noises or noises likely to disturb the inhabitants.By-law 87-258, 13 October, 1987. 450.1.2 Officer-defined "officer"means any municipal aw enforcement officer or by-law enforce- ment officer ofThe Corporation of the City of Kitchener,and any member of the Waterloo Regional Police Services.By-law 2009-064,6 April,2009. Article 2 UNUSUAL NOISE -PROHIBITED 450.2.1 Unusual noise-prohibited No person shall,within the territorial imits of the City ring any bell,blow or sound any horn or cause or permit the same to be rung,blown or sounded, shout or make any unusual noise or noise likely to disturb the inhabitants or cause or permit the same to be made.By-law 87-258, 13 October, 1987. 450.2.2 Adult of dwelling-responsibility Every adult tenant and every adult occupant of a dwelling unit is deemed to permit noise likely to disturb the inhabitants contrary to this Chapter where unusual noise or noise likely to disturb the inhabitants emanates from the dwelling unit. By-law 2010-191, 15 November,2010. Article 3 MOTOR VEHICLE 450.3.1 Warning device-lawful use only The sounding of any bell,horn,siren or other warning device on any motor vehicle, motorcycle, snowmobile, bicycle or other vehicle of whatsoever kind except when permitted by law. KITCHENER 450.3 DECEMBER 2010 450.3.2 NOISE 450.5.2 450.3.2 Warning device- unreasonable period The sounding of any such bell,horn,siren or warning device for an unneces- sary or unreasonable period of time.By-law 87-258, 13 October, 1987. 450.3.3 Disrepair-maladjustment The grating,grinding or rattling sound or noise caused by the condition of disrepair or maladjustment of any motor vehicle,motorcycle,snowmobile, trailer or other vehicle or part or accessory thereof while on private property. By-law 94-182, 11 October, 1994. 450.3.4 Motor vehicles The sound or noise created by the operation of any motor vehicle,trailer or other vehicle bearing material,articles or things which are loaded upon such vehicle in such manner as to create noise.By-law 87-258,13 October,1987. 450.3.5 Exhaust-except through muffler The sound or noise from the discharge into the open air of the exhaust of any steam engine or internal combustion engine,including the engine of an auto- mobile, motorcycle and snowmobile, while on private property, except through a muffler or other device which effectively prevents loud or explo- sive noise. By-law 95-95, 19 June, 1995. Article 4 ANIMAL OR BIRD 450.4.1 Unreasonable disturbance-of the peace The sound by any animal or bird which unreasonably disturbs the peace, quiet,comfort or repose of any person in any residence and/or yard associ- ated with a residence.By-law 91-186, 13 May, 1991. Article 5 STEAM -AIR- GASEOUS MATERIAL 450.5.1 Whistle-attached to boiler-other mechanisms The sound or noise from any steam or air whistle attached to or used in con- nection with any stationary boiler or other machine or mechanism, except for the purpose of giving notice to workmen of the time to commence or cease work or as a warning of danger. 450.5.2 Venting-pressure release The sound or noise produced by the venting,release or pressure relief of air, steam or other gaseous material,product or compound from any autoclave, boiler,compressor,pressure vessel,pipe,valve,machine,device or system which disturbs the peace, quiet, comfort or repose of any person in any dwelling unit,hotel or other type of residence.By-law 87-258, 13 October, 1987. DECEMBER 2010 450.4 KITCHENER 450.6.1 NOISE 450.8.1 Article 6 CONSTRUCTION WORK 450.6.1 Excavation- demolition-alteration-time limit The sound or noise arising between the hour of o'clock p.m.ofany day and 7 o'clock a.m. of the following day from any excavation or construction work whatsoever,including the erection,demolition,alteration or repair of any building or structure except in case of urgent necessity.By-law 2000-71, 8 May,2000. Article 7 RADIO-AMPLIFIER-PUBLIC ADDRESS SYSTEM 450.7.1 Radio -television-record or tape player The sound or noise from or created by any radio,television,record player, tape player,amplifier,loud speaker,public address system,musical instru- ment or equipment,device or instrument which emits sound when the same is played or operated in such manner or with such volume as to disturb the peace,quiet,comfort or repose of any person in any dwelling unit,hotel or other type of residence. 450.7.2 Attracting attention-to performance-advertising The sound or noise from or created by any drum,horn,bell,radio,record player,tape player,amplifier,loudspeaker,public address system or equip- ment,device or instrument which emits sound when the same is used or op- erated for the purpose of advertising or for attracting attention to any performance or sale, show or display of goods,wares or merchandise and projects such sound or noise into any street or other public place. 450.7.3 Motor vehicle-radio operated from The sound or noise from or created by any radio,record player,tape player, amplifier,loud speaker,public address system or equipment,device or in- strument which emits sound when the same is used or operated from any mo- tor vehicle, trailer or other vehicle except for such time and under such conditions as the Regional Chief of Police may prescribe. Article 8 OTHER NOISES 450.8.1 Air-conditioning equipment The sound or noise produced by the operation of residential air-conditioning equipment which disturbs the peace,quiet,comfort or repose of any person in any dwelling unit,hotel or other type of residence. KITCHENER 450.5 DECEMBER 2010 450.8.2 NOISE 450.9.6 450.8.2 Shouting-yelling-hooting-whistling- singing Any shouting, yelling, hooting, whistling or singing which disturbs the peace,quiet,comfort or repose of any person in any dwelling unit,hotel or other type of residence and arises between the hour of 11 o'clockp.m.of any Sunday, Monday, Tuesday, Wednesday or Thursday and the hour of 7 o'clock a.m. of the following day(unless the following day is a holiday)or between the hour of 1 o'clock a.m.and the hour of o'clock a.m.of any Sat- urday, Sunday or holiday. 450.8.3 Quiet zones-school- hospital- court Any unreasonable or unnecessary noise in the vicinity of any school,hospi- tal or court while same is in session,provided that conspicuous signs are dis- played in or upon the streets adjoining any such school,hospital or court indicating that such noises are prohibited in the vicinity. Article 9 EXCEPTIONS 450.9.1 Prohibitions-where not applicable That none of the provisions of this Chapter shall apply in the circumstances set out in Sections 450.9.2 through 450.9.8,inclusive. 450.9.2 Use- amplification-in a reasonable manner The use in a reasonable manner of any apparatus or mechanism for the am- plification of the human voice or of music in a public park or recreational area under the control and management of the City in connection with any public election meeting,public celebration or other lawful gathering,pro- vided that written permission of Council has first been obtained. 450.9.3 Band or parade-having written permission Any band or parade operating under written permission first obtained from Council. 450.9.4 Commercial calling-legitimate-moderate Any newsperson,pedlar,hawker or petty tradesperson plying his/her calling legitimately and moderately. 450.9.5 Police-Ambulance-public service Any vehicle of the police or fire department, any ambulance or any public service or emergency vehicle while answering a call. 450.9.6 Radio-in motor vehicle-limitation Any sound from any private radio in a motor vehicle, installed for the sole benefit or entertainment of the operator and occupants of such vehicle,when same is not audible at a distance of 25 feet(7.62 metres)from such vehicle. DECEMBER 2010 450.6 KITCHENER 450.9.7 NOISE 450.10.2 450.9.7 Railway-operation-plant Any sound arising from the operation of any railway which operates under the Railway Act of Canada or from any plant or work in connection with any such railway. 450.9.8 Public convenience-necessity Any case of public convenience or necessity. By-law 87-258, 13 October, 1987. 450.9.9 Exemption-snow removal-for safety The provisions of this Chapter shall not apply to snow clearing or removal activities that are necessary for maintaining property in a safe condition. By-law 2010-191, 15 November,2010. Article 10 ENFORCEMENT 450.10.1 Fine-for contravention Every person who contravenes any provision of this Chapter is guilty of an offence and is liable,upon conviction,to a fine not exceeding Ten Thousand Dollars($10,000), exclusive of costs, for each offence,recoverable under the Provincial Offences Act. This Section comes into force April 1, 2011. By-law 91-186, 13 May, 1991; By-law 2010-191, 15 November 2010; By-law 2011-012,24 January,2011. 450.10.2 Inspection-right of entry An officer may enter on land at any reasonable time for the purpose ofcarry- ing out an inspection to determine whether or not this Chapter is being com- plied with.Entry to any place actually being used as a dwelling unit shall be subject to the requirements of the MunicipalAct, 2001.By-law 2009-064, 6 April, 2009. KITCHENER 450.7 FEBRUARY 2011