A by-law is a rule or law that is put in place by the City of Timmins to ensure that our community remains safe and orderly. The City of Timmins Enforcement Services Division is responsible for enforcing our by-laws. Staff enforce by-laws by investigating complaints and responding to the concerns of citizens.
Each month, we'll explore a different by-law and what it means for you. This month, we're looking at the City's Noise By-law.
What's that noise?
The City of Timmins Noise By-law 2006-6339 prevents and regulates certain unusual noises that may disturb the peace, quiet and comfort of other residents. Its purpose is to create a consistent environment for all inhabitants of the City of Timmins.
Noises that are generally prohibited include horns and sirens that are used for an unnecessary reason or for an unreasonable amount of time; radios or loudspeakers that are played at a volume loud enough to disturb other residents; loud shouting; and, barking or animal noises.
Construction and the use of power equipment is specifically prohibited overnight from 10:00 p.m. to 7:00 a.m. the following morning. This includes lawnmowers, snow blowers, chainsaws, etc.
Excessive vehicle noise like grating and grinding is also prohibited if it's caused by a condition of disrepair. By-law 1995-4487 also prohibits the use of Engine Compression Exhaust Style brakes or jake brakes on highways within the City of Timmins where speed is 70 kilometers or less.
Firearms or discharging an air gun or spring-gun is also discouraged unless it's performed by a peace office as part of professional duties.
Let's get loud!
But not all loud noise is bad noise, there are exemptions. If you live outside the city in an area classified as part of the Rural Agricultural Zone, the noise by-law does not apply to you. Businesses are also exempt if the noise is caused by commercial use that emits a normal sound or vibration incidental to the Commercial Zone. Businesses that are licensed by the Alcohol and Gaming Commission of Ontario are governed by the permitted hours of alcohol sale and conditions of their license; otherwise, a business is restricted to noise that is not audible at more than 8 meters from the building on a public street.
The by-law also doesn't apply to authorized emergency vehicles or snow removal equipment, so the grader going by at 3:00 a.m. is a welcome sound in the winter.
Council can also grant exemptions and this is where events like Rock on the River and Canada Day celebrations get permission to be loud. Council can pass a resolution to grant an exemption for a specific period of time and set terms and conditions that are considered reasonable. Groups or organizations requesting exemption have to submit a written application that describe the source of the sound, what specific part of the by-law they want to be exempt from, the period of time they need exemption, and why they're making the request.
But what about that noisy neighbour?
Our by-law officers enforce the noise by-law by following up on complaints submitted through Service Timmins during regular business hours Monday to Friday from 8:30 a.m. to 4:30 p.m. The Provincial Offences Act regulates the penalty if someone is found in breach of the by-law.
Any resident who wishes to make a complaint regarding excessive/frequent noise needs to record noise evidence and submit an excessive noise evidence sheet. The procedure and evidence sheet can both be downloaded online.
Noise By-law Evidence Procedure
Excessive Noise Evidence Sheet
For more information visit our Enforcement Services page.