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## CORPORATION OF THE VILLAGE OF BARNWELL IN THE PROVINCE OF ALBERTA
## BYLAW NO. 01-26
## A BYLAW OF THE VILLAGE OF BARNWELL IN THE PROVINCE OF ALBERTA TO CONTROL, REGULATE, AND ABATE NOISE.
WHEREAS the Municipal Government Act, R.S.A. 2000, c. M-26, as amended, provides that a Council may pass bylaws for municipal purposes respecting the safety, health, and welfare of people and the protection of people and property;
AND WHEREAS the Council of the Village of Barnwell deems it desirable to prevent and abate noises that disturb the peace and comfort of residents;
NOW THEREFORE the Council of the Village of Barnwell, duly assembled, enacts as follows:
## 1. SHORT TITLE
This Bylaw may be cited as the "Noise Control Bylaw."
## 2. DEFINITIONS
For the purposes of this Bylaw:
- a) "Animal" means any domestic pet, livestock, or other animal owned, kept or maintained by a person.
- b) "Construction Activity" means any activity involving hand or power tools, machinery, or equipment to build, repair, or modify a structure, including landscaping or demolition.
- d) "Disturbing Noise" means any sound produced by a person that is clearly audible at the property line of any residential lot and, in the opinion of a Peace Officer, interferes with the reasonable comfort, repose, or peace of any person in the Village.
- c) "Construction Noise" means any noise resulting from Construction Activity.
- e) "Nighttime" means the hours commencing at the stated time on the previous day, and continuing until the morning hour identified herein:
- f) "Peace Officer" means a member of the RCMP, a Community Peace Officer, or a Bylaw Enforcement Officer appointed by the Village.
- g) "Power Equipment" means lawnmowers, snowblowers, chainsaws, leaf blowers, tractors, skid steers or similar tools and equipment.
- h) "Property Line" means the legal boundary of a parcel of land.
- i) "Residential District" means an area designated as residential under the Village of Barnwell Land Use Bylaw.
- j) "Sound Level (dBA)" means the sound pressure level measured with a sound level meter according to standard procedures generally accepted in acoustical measurement, measured at the property line, 1.2-1.5 m above ground, under typical conditions.
| Day | Nighttime Hours |
|----------------------------------------------------------------------------------|----------------------------------------------------------------------------------|
| Monday - Friday (excluding Statutory Holidays) | From 10:00 p.m. on the previous day to 7:00 a.m. on the stated day. |
| Saturday, Sunday and Statutory Holidays | From 11:00 p.m. on the previous day to 9:00 a.m. on the stated day. |
| For clarity, Nighttime applies to the overnight period preceding the stated day. | For clarity, Nighttime applies to the overnight period preceding the stated day. |
## 3. GENERAL PROHIBITIONS
- 3.1 No person shall make, continue, or permit any disturbing noise, except as permitted by this Bylaw.
- 3.2 When determining whether a noise is disturbing, a Peace Officer may consider:
- Time of day (daytime vs. nighttime),
- Duration and frequency of the noise,
- Nature of the area (residential, commercial, industrial), and
- Whether the noise exceeds applicable dBA limits at the property line.
- 3.3 Any noise during Nighttime hours in a Residential District that:
- exceeds 60 dBA at the property line for more than 10 minutes, or
- exceeds 60 dBA at the property line in repeated episodes totalling more than 20 minutes within a one-hour period,
is deemed to be a disturbing noise unless otherwise exempt under this Bylaw.
## 4. DOMESTIC, CONSTRUCTION, AND ANIMAL NOISE
- 4.1 Power Equipment: Operation of Power Equipment is prohibited in a Residential District during Nighttime hours. Emergency repairs/maintenance for life, health, or property are exempt.
- 4.2 Construction Activity: Construction in Residential Districts may not occur during Nighttime hours. Noise audible beyond the property line during Nighttime hours is prohibited without prior written permission granted by the Village.
- 4.3 Animal Noise: Owners must prevent animals from making noise that:
- Continues for more than 10 minutes at any time of the day, or
- Occurs in repeated episodes totalling more than 20 minutes within a 1-hour period, and that is audible at the property line or disturbs the peace of other persons within the Village.
## Exemptions:
- Normal domestic activity (e.g., occasional barking outside of Nighttime hours),
- Emergency animal response, or
- Animals responding to reasonable provocation, such as:
- A person or animal entering their property,
- Sudden loud noises or disturbances, or
- Any immediate threat to the animal's safety.
- 4.4. Peace Officers may issue warnings or fines for violations that exceed these thresholds, considering the frequency, duration, and severity of the noise.
## 5. MOTOR VEHICLE AND EQUIPMENT NOISE
- 5.1 Motor vehicles and equipment shall not operate in a manner that creates unnecessary noise, including:
- Excessive revving, squealing tires, engine brakes ("Jake Brakes") in Village municipal limits.
- 5.2 Idling Limits: Motor vehicles, including commercial and private vehicles, may not idle in Residential Districts for more than 20 minutes during Nighttime hours, except when necessary for:
- Extreme weather conditions,
- . Medical purposes, or
- Emergency response.
- 5.3 Off-highway vehicles, motorcycles, and other motorized recreational vehicles must comply with all Noise limits in this Bylaw.
## 6. GENERAL EXEMPTIONS
This Bylaw does not apply to:
- Emergency vehicles responding to an emergency.
- Village-owned vehicles or contractors performing essential services such as snow removal, road maintenance, or utility work.
- Special events or festivals with a written Noise Waiver issued by the Village.
- Temporary construction or repairs necessary to protect life, health, or property.
- Agricultural activities conducted according to normal farm practices outside Residential Districts within the Village.
## 7. ENFORCEMENT
- 7.1 Peace Officers are authorized to:
- Investigate complaints.
- Measure sound levels at the property line using a sound meter that is reasonably maintained and calibrated in accordance with manufacturer specifications.
- Determine disturbing noise based on audibility at the property line and the effect on neighbouring residents when measurements are not feasible.
- Issue warnings, violation tickets, or summons to Court.
- 7.2 Peace Officers may issue a written warning for first offences unless the violation is flagrant or repeated.
## 8. PENALTIES
- 8.1 fine: Any person who contravenes any provision of this Bylaw is guilty of an offence and is liable to a
- 8.2 Continuing Violations: Each day that a contravention continues after the issuance of a warning or ticket shall constitute a separate offence.
| Offence | Fine |
|----------------|---------|
| First Offence: | $250.00 |
| Second Offence (within 12 months of the first offence): | $500.00 |
|------------------------------------------------------------------------------|--------------------------------------------|
| Third and Subsequent Offences (within 12 months of the most recent offence): | $2,500.00 or a summons to appear in Court. |
## 9. SEVERABILITY
If any section of this Bylaw is found invalid or unenforceable, the remaining sections remain in effect.
## 10. REPEAL AND EFFECTIVE DATE
- 10.1 Bylaw 4-86 is hereby repealed.
- 10.2 Any other bylaws, or parts thereof, that are inconsistent with the provisions of this Bylaw are hereby repealed, only to the extent of the inconsistency.
This Bylaw shall come into force on the date of its third reading.
READ A FIRST TIME THIS 26 DAY OF anuary, 2026.
READ A SECOND TIME THIS
9 DAY oF february 2026.
READ A THIRD TIME THIS
9\_ DAY OF February 2026.
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russufoster layo
Chief Administrative Officer