Whitby By-law 6917-14, s. 1 — Definitions “agricultural area” means an area designated as such in the Town of Whitby Zoning By-laws and includes an identified non-conforming use

Definitions “agricultural area” means an area designated as such in the Town of Whitby Zoning By-laws and includes an identified non-conforming use;

“commercial area” means an area designated as such in the Town of Whitby Zoning By-laws and includes an identified non-conforming use; “construction” includes the erection, alteration, repair, dismantling, demolition or structural maintenance of buildings, land clearing, earth moving, grading, excavating, laying of pipe and conduit whether above or below ground level, street and highway building, application of concrete, equipment installation and alteration and the structural installation of construction components and materials in any form or for any purpose, and includes any work in connection therewith; “conveyance” means any type of device designed or capable for use as a means of physically transporting persons from one place to another; “exhaust muffling device” means a muffler in good working order and in constant operation to prevent excessive or unusual noise from a motor vehicle; “heavy equipment” means any equipment, tool or device designed or capable of use in construction or demolition, automotive repair 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 or trucks, ditchers, compactors and rollers, pumps, concrete mixers, graders, or other material handling equipment; “highway” includes a common and public highway, street, avenue, parkway, driveway, square, place, bridge, viaduct or trestle designed and intended for use or used by the general public for the passage of vehicles and includes a road allowance and/or right of way; “industrial area” means an area designated as such in the Town of Whitby Zoning By-laws and includes an identified non-conforming use; By-law Name:

• Noise By-law By-law # 6917-14 “inhabitants” means those people normally residing or working within the Town, which includes any temporary resident or occupier of a premises within the Town;
• “motor vehicle” includes an automobile, motorcycle and any other vehicle propelled or driven otherwise than by muscular power, but does not include the cars of electric or steam railways, or other motor vehicle running only upon rails, traction engines, farm tractors, self-propelled implements of husbandry or road building machines within the meaning of the Highway Traffic Act;
• “non-conforming” means a use which does not comply with the provisions of the Town’s Zoning By-laws for the zone in which such use is located as of the date of passing of the Town’s Zoning By-laws;
• “parks area” includes playgrounds, sports fields, memorial squares, gardens, waters, marinas, boat launches, and any other area or areas owned and used by the Town for active or passive recreational purposes or for any other purpose ancillary thereto;
• “point of reception” means any point on the premises of a person or a property, which includes a Park or Highway, where noise originating from other than those premises, is received. For clarity, a point of reception may include, but is not limited to, a highway, right-of-way, boulevard, park or other area that an officer deems appropriate to observe noise under this by-law;
• “officer” means a municipal law enforcement officer appointed by the Town to enforce the provisions of this by-law or a police officer who is a member of the Durham Regional Police Service;
• “Region” means the Region of Durham;
• “residential area” means an area designated as such in the Town of Whitby Zoning By-laws and includes an identified non-conforming use;
• “special event” includes a demonstration, parade, sports event, festival, carnival and other like events;
• “statutory holiday” means any holiday designated a holiday in the Retail Business Holidays Act;
• and “Town” means The Corporation of the Town of Whitby or the territorial jurisdiction of the Town of Whitby as the context requires.