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Noise Bylaw

Bylaw #: 2004-52

Description: Regulates noise in the City of Kingston. 

Date passed: March 2, 2004

Disclaimer: Bylaws contained in this section have been prepared for research and reference purposes only. The original Noise Bylaw in pdf format is available from the Office of the City Clerk upon request.

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 bylaw of the municipality passed under this Act;

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

For the purposes of this Bylaw:

Administrative Penalty means an administrative penalty administered pursuant to "Bylaw 2020-69 of the Corporation of City of Kingston being "A Bylaw to Establish a Process for Administrative Penalties"

Agricultural property means a property that is zoned for agricultural use in the zoning bylaw 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;

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 bylaw.

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 bylaw, 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 bylaws 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.

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 "Bylaw 2020-69 of the Corporation of the City of Kingston being "A Bylaw 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 bylaws, 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;

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 bylaw means a bylaw passed under section 34 of the Planning Act that restricts the use of land.

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.

3.1 The Licensing and Enforcement Division is responsible for the administration of this bylaw.

3.2 All Provincial Offences Officers with authority to enforce the bylaws of the City are responsible for enforcing the provisions of this bylaw.

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 bylaw 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 bylaw 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.

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.

4.1 No person shall, at any time, make, cause or permit the making noise within the City that is the result of any of the described in Schedule A and that is audible to:

  1. a person in a premises or a vehicle other than the or vehicle from which the noise is originating; or
  2. a person in a residence other than the residence from 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 bylaw.

4.4 Where a Provincial Offences Officer has reasonable grounds to believe that an offence under this Bylaw has been committed by a Person, the Provincial Offences Officer may require the name, address, and proof of identity of that Person.

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 Bylaw shall constitute obstruction of an Officer under Section 4.3 of this Bylaw.

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;

the noise is clearly of a longer duration or of a more nature than is reasonably necessary to deal with emergency.

5.2 The prohibitions described in Schedules A and B do not apply the noise is the result of any of the activities described in C.

5.3 The prohibitions described in Schedules A and B do not apply the noise is the result of an activity that has been granted exemption under section 3.4, 3.6, or 3.7.

The following schedules are attached to and form part of this bylaw:

  • 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

7.1a Every person who contravenes any provision of this Bylaw upon issuance of a Penalty Notice in accordance Administrative Penalty Process Bylaw 2020-69, be liable to to the City an Administrative Penalty in accordance with B of Administrative Penalty Process Bylaw 2020-69.

7.1 Notwithstanding section 7.1a of the Bylaw, every person, than a corporation, who contravenes any provision of this is guilty of an offence and on conviction is liable to a fine of more than $10,000 for a first offence and $25,000 for subsequent offence, as provided for in subsection 429 (2) (c) the Municipal Act, 2001, as amended from time to time

7.2 Notwithstanding section 7.1a of this Bylaw, every corporation contravenes any provision of this Bylaw and every officer director of a corporation who knowingly concurs in contravention is guilty of an offence and on conviction is liable a fine of not more than $50,000 for a first offence and for any subsequent offence, as provided for in subsections and 429(2) (a) of the Municipal Act, 2001, as amended from to time.

7.3 If this bylaw is contravened and a conviction entered, the court which the conviction has been entered and any court of jurisdiction thereafter may, in addition to any other remedy and any penalty that is imposed, make an order prohibiting continuation or repetition of the offence by the person convicted.

7.4 If a Person is required to pay an Administrative Penalty under section 7.1a in respect of a contravention of this Bylaw, the Person shall not be charged with an offence in respect of the same contravention.

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 Bylaw to the tax roll and collect them in the same manner as property taxes.

8.1 If a court of competent jurisdiction declares any provision, or part of a provision, of this bylaw to be invalid, or to be of no and effect, it is the intention of Council in enacting this bylaw each and every provision of this bylaw authorized by law applied and enforced in accordance with its terms to the possible according to law.

9.1 This bylaw comes into effect three months after the day that receives third reading and is passed.

Bylaw Number Date Passed
2007-51 March 6, 2007
2011-32 March 22, 2011
2017-67 April 4, 2017
2017-68 April 4, 2017
2017-69 April 4, 2017
2020-112 August 11, 2020
2021-108 July 13, 2021

Schedules

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, squealing or similar sounds because of inadequate maintenance or 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.

Activity Prohibited Times Residential Areas Prohibited Times Other Areas
1. Operation of construction equipment in connection with construction. C and F C and F
2. Playing of musical instruments, including percussion instruments D E
3. Erection, alteration, repair, dismantling, or any activity related to construction. C and F 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. A E
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. C E
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. E E
7. Operation of a solid waste bulk lift or refuse compacting equipment, except within the geographical boundaries of the Downtown Kingston Business Improvement Area. C D
8. Operation of commercial car wash equipment. E E
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). C D
10. Operation of any motorized conveyance other than on a highway or other place intended for its operation. C D
11. Outdoor operation of any powered or non-powered tool for domestic purposes other than snow removal. D E
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 F
13. Operation of a pit or quarry. C and F C and F
14. Take-off or landing of a power- assisted hang glider, parafoil, or aircraft of any type. A C
15. Yelling, shouting, hooting, whistling or singing, except during organized sporting activities at a sports field. D E
16. Yelling, shouting, hooting, whistling or singing during organized sporting activities at a sports field. H I
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. G I
18. Whistles when used to control organized sporting activities at a sports field. G G
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 J
20. Setting off of fireworks. K K

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:

  • between dusk and 2300 hours (11:00 pm) on Victoria Day;
  • between dusk and 2300 hours (11:00 pm) on the day immediately preceding Victoria Day;
  • between dusk and 2300 hours (11:00 pm) on Canada Day;
  • between dusk and 2300 hours (11:00 pm) on the day immediately preceding Canada Day;
  • between dusk on New Year's Eve and 0030 hours (12:30 am) on New Year's Day; or,
  • when authorized by the Chief Fire Official.

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.

The City of Kingston acknowledges that we are on the traditional homeland of the Anishinaabe, Haudenosaunee and the Huron-Wendat, and thanks these nations for their care and stewardship over this shared land.

Today, the City is committed to working with Indigenous peoples and all residents to pursue a united path of reconciliation.

Learn more about the City's reconciliation initiatives.

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