HomeMy WebLinkAboutChapter 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