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Newmarket : Règlement no 2024-08, art. 2.0 — Definitions "Applicant" means a Person applying for a Noise-permit under this by-law

Noise By-law

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Definitions "Applicant" means a Person applying for a Noise-permit under this by-law;

"Appeals Committee" means the Appeals Committee established by the Town; "Business" means an enterprise conducted by a person on lands zoned by the Town for employment/commercial use or as otherwise permitted by the Town's Zoning By-law; "Council" means the Council of the Corporation of the Town of Newmarket; l'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; Noise Bylaw 2024-08 Page I of 14 "Conveyance" includes a vehicle and any other device employed to transport a Person or Persons or goods from place to place but does not include any such device or vehicle if operated only with the Premises of a Person. "Dwelling" means a house, apartment, or other place of Residence; "Director" means the Director of Legislative Services and his or her designate or successor; "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; "Event" an event open to the public, including a public fair, public exhibition, public celebration, public sporting event, public concert; or a school board event; or an event not open to the public but does not include private house parties; "Fees and Charges" means the General Fees and Charges By-law, as amended for the Legislative Services Department; "Highway" includes a common and public highway, street, avenue, parkway, driveway, square, place, bridge, viaduct or trestle designed and intended for, or used by, the general public for the passage of vehicles "lnfill Housing" means a development that occurs on a single lot, or a consolidated number of small lots or sites that are vacant or underdeveloped; "Inhabitants" means one or more Persons who reside in the Town; "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; "Motorized Conveyance" includes a vehicle and any other device employed to transport a Person or Persons or goods from place to place, but does not include any such device or vehicle if operated only within the Premises of a Person or if propelled or driven only by muscular, gravitational or wind power; "Noise" means Sound or vibration that is of such volume, level or nature that it is unusual and likely to disturb the inhabitants of the Town." "Officer" means a Police Officer as defined under the Police Services Act, R.S.0. 1990, c. P15, as amended, an individual appointed by the Town as a Municipal Law Enforcement Officer pursuant to section 15 of the Police Services Act, as amended, or any other individual designated by the Town to enforce this By-law; Noise Bylaw 2024-08 "Owner" means the Property Owner, authorized agent, lessee, or occupier of the Premises upon which the Noise or Sound is being located; "Person" includes a corporation, organization, association, partnership 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; and shall include dwelling in a multi- residential building. "Point of Reception" means any point on the Premises where Sound originating from other than those Premises is received; "Quiet Zone" means area within 100 m used as a hospital, retirement home, nursing home, senior citizens Residence, or other similar use and the distance will be measured from the point of origin. ilRegion" means the Corporation of the Region of York "Residence" means any property within the municipality which is zoned for residential uses by an applicable Zoning By-Law or which is used in whole or in part for human habitation. "Sound" the sensation produced by stimulation of the organs of hearing by vibrations transmitted through the air or other medium "Statutory Holiday" includes Boxing Day and any day within the definition of "holiday" in the Retail Business Holidays Act R.S.0. 1990, Ch. R.30, as amended, or any successor thereof; "Town" means the Corporation of the Town of Newmarket. "Zone" means the area of a defined land use in the Town Zoning By-law passed under the Planning Act, as amended, from time to time; "Zoning By-law" means a by-law passed under section 34 of the Planning Act that restricts the use of land.

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