THE CORPORATION OF THE CITY OF BURLINGTON

A By-law to restrain certain nuisances and to-prohibit certain noises within the Town of Burlington

THE COUNCIL OF THE CORPORATION OF THE TOWN OF BURLINGTON HEREBY ENACTS AS FOLLOWS:

1. No manufacture or trade shall be carried on by any person within the Town of Burlington in such a manner as to be or to cause a nuisance and without limiting the generality of the foregoing:

(a) No noxious, toxic or corrosive fumes or gasses shall be permitted to escape across the property line of the property upon which any manufacture or trade is carried on.

(b) No noise or vibrations shall be made, caused or created so as to be heard or felt or otherwise perceived outside the property upon which any manufacture or trade is carried on and which are, in the view of all the circumstances including the nature of the neighbourhood and the use to which adjoining properties are put and the time of day during which such noise or vibrations are made, caused or created excessive or which are, or may cause a nuisance to the public generally or to others residing or carrying on a manufacture, trade or business in the vicinity.

(c) No noxious or objectionable odour shall be permitted to escape across. the properly line of the property upon which any manufacture or trade is carried on so as to be or to cause a nuisance to the public generally or to others residing or carrying on a manufacture, trade or business in the vicinity.

(d) No strong light or moving or twinkling lights shall be used by or in connection with any manufacture or trade so that an unusual quantity or type of light shines upon the land of others so as to be or to cause a nuisance to the public generality or to others residing or carrying on a manufacture, trade or business in the vicinity.

2. No person shall haul any offensive matter or thing along any highway during the hours of daylight except in closed containers or in closed vehicles or vehicles covered so as to prevent any nuisance.

3. No person shall dump or dispose of any garbage, refuse, or domestic waste of any kind on any land or structure within the Town of Burlington except in accordance with the garbage disposal By-laws of the Town of Burlington but nothing in this section renders unlawful the filling of any land or lots with clean fill in a manner that would otherwise be lawful.

4. No person shall cause or create any public nuisance, and, in additional to any penalty hereby imposed, the Corporation or its servants may forthwith take all steps necessary to abate any public nuisance that has been created, and charge the cost of abating the same to the person or persons creating it, and such costs may be recovered by the Corporation by action.

5. No person shall ring any bell, blow or sound or cause the same to be rung, blown or sounded, shout or create, cause or permit any unusual noise or noises calculated to disturb the inhabitants.

6. For the purposes of, and not so as to limit the generality of section 5, the following noises or sounds shall be deemed to be unusual noises or noises calculated to disturb the inhabitants, namely:

(a) The sounding of any bell, horn, siren or other signal device on any motor vehicle, motorcycle, bicycle or other vehicle of whatsoever kind except when required by law.

(b) The sounding of any such bell, horn, siren or signal device for an unnecessary or unreasonable period of time.

(c) The sound or noise from or created by any radio or phonograph, public address system, sound equipment, loudspeaker or similar device or devices or any musical or sound producing instrument of whatever kind when such device or instrument is played or operated in such a manner or with such volume as to annoy or disturb the peace, quiet, comfort or repose of any individual in any dwelling house, apartment house, hotel or any other type of residence.

(d) Any sound made by any animal or bird which disturbs the peace, quiet, comfort or repose of any individual in any dwelling house, apartment house, hotel or any-other type of residence.

(e) The grating, grinding or rattling noises or sounds created by condition of disrepair or maladjustment of any motor vehicle, motorcycle or other vehicle whatsoever or part or accessory thereof.

(f) The blowing of any steam or air whistle attached to or used in connection 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.

(g) The discharge into the open air of the exhaust of any steam engines, stationary internal combustion engine, motor vehicle or motorcycle except through a muffler or other device which effectively prevents loud or explosive noises.

(h) Any noise arising between the hour of nine o’clock in the afternoon of any day and seven o'clock in the forenoon of the next following day from any excavation or construction work whatever including the erection, demolition, alteration or repair of any building authorized by the Corporation except in case of urgent necessity and then under a permit from the Building Inspector.

(i) Any unreasonable or unnecessary noise in the vicinity of any school, hospital or court while the same is in session provided conspicuous signs are displayed in or upon the streets adjoining any such school, hospital or court indicating that such noises are prohibited in the vicinity.

(j) The noise created by driving any vehicle bearing material, articles or things which are loaded upon such vehicle in such a manner as to create such noise.

(k) The noise or sound created by the use or operation of any drum, horn, bell, radio or mechanical loudspeaker or other instrument or device or sound producing or sound transmitting instrument or apparatus for the purpose of advertising or for attracting attention to any performance show or sale or display of goods or other merchandise or which projects noise or sound into any street or other public place.

(1) The sound or noise created by the use or operation of any radio or mechanical loudspeaker or amplifier or other instrument or device, or sound producing, sound reproducing or sound transmission instrument or apparatus in or upon any vehicle except for such time and under such conditions as the Chief Constable may prescribe.

(m) The noise or round caused by the racing of the motor of a standing motor vehicle in excess of that necessary for the reasonable operation of same.

(n) The noise or sound caused by the squealing of tires or brakes or a motor vehicle caused by an unnecessarily rapid braking, turning or setting in motion of such motor vehicle.

7. Nothing in Sections 5 and 6 of this By-law shall apply to the following, namely:

(a) The use in a reasonable manner of any apparatus or mechanism for the amplification of the human voice or of music in a public park or any other commodious space in connection with any public election meeting, public celebration or other lawful gathering written permission of the Chief Constable having first been obtained, and, in the case of the use of any public park, the By-laws and regulations pertaining thereto being complied with.

(b) Any military or other band or of any parade operating under written permission first obtained from the Chief Constable.

(c) Any news boy, peddler, hawker or petty tradesman crying his trade legitimately and moderately.

(d) Any vehicle of the Police or Fire Department or any ambulance or any public service or emergency vehicle while answering a call.

(e) 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 from such vehicle.

(f) Any sound from the operation of any railway which operates under the Railway Act of Canada or work in connection with any such railway.

(g) Any case of public convenience or necessity.

(h) The operations of the Salvation Army as heretofore carried on.

8. Any person convicted of a breach of any of the provisions of this By-law shall forfeit and pay at the discretion of the Convicting Magistrate a penalty not exceeding (exclusive of costs) the sum of $300.00 for each offence and every such penalty shall be recoverable under the Summary Convictions Act.

9. It is declared that notwithstanding that any section or sections of this By-law or parts thereof may be found by any Court of Law to be bad or illegal or beyond the power of the Council to enact such section or sections or parts thereof shall be deemed to be severable and that all other sections, or parts of this By-law are separate and independent therefrom and enacted as such.

10. Section 2, subsections (a), (b). (e), (g), (i), (j), (1), (m) and (n) of section 6 and subsections (d) and (e) of section 7 of this By-law so far as the said subsections relate to the operation of motor vehicles on highways shall come into force and-take affect on the day in which they are approved by the Department of Transport.

ll. Except as provided in section 10, this By-law comes into force on the date of its passing.

12. By-laws 1449 and 1533 are repealed.

ENACTED AND PASSED this 28th day of June, 1965.

MAYOR: _______________________________

CLERK: ________________________________