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Village of Barons - Noise Control Bylaw
Page 1
BYLAW NO. 679
A BYLAW OF THE VILLAGE OF BARONS
IN THE PROVINCE OF ALBERTA
TO PROHIBIT, ELIMINATE OR ABATE NOISE
PURSUANT to the provisions of the Municipal Government Act, Revised Statutes of Alberta 2000,
Chapter M-26 and amendments thereto;
WHEREAS the incidence of noise in the Village of Barons is such that the Council for the Village of
Barons deems it expedient that a Bylaw be made restricting, mitigating and abating activities that give
rise to unnecessary noise in the Village;
AND WHEREAS the intent of the Bylaw is that all noise shall be reduced as far as possible to be
compatible with the normal activities of urban life and that unnecessary noise be eliminated;
The Council of the Village of Barons, in the Province of Alberta, duly assembled, HEREBY
ENACTS AS FOLLOWS:
1. This Bylaw may be cited as the "Noise Control Bylaw".
DEFINITIONS
2.
a.
"Chief Administrative Officer" the person appointed by Village Council to this
position, herein referred to as CAO.
b.
"Industrial Zone" includes a zone defined as Industrial (I) in the Land Use Bylaw;
c.
"Land Use By-Law" means the Land Use Bylaw of the Village of Barons, as amended
from time to time.
d.
"Night time" means the period beginning at 10:00 pm and ending the following day at
7:00 am with the exception of Sunday and statutory holidays where the night time will
end at 9:00 am.
e.
"Peace Officer" means a member of the Royal Canadian Mounted Police, a municipal
Police Officer, Bylaw Enforcement Officer, Police Constable, Bailiff, Special Constable
or other person employed for the prevention of disorder and maintenance of the public
peace;
f.
"Person" includes Her Majesty and public bodies, bodies corporate, companies,
partnerships, firms, societies, an individual;
g.
"Property" means real property and includes land, together with all improvements that
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have been so affixed to the land as to make them in fact and in law a part thereof;
h.
"Residential Building" means a building that is constructed as a dwelling for human
beings and includes a hotel;
i.
"Residential Zone" includes a zone defined as residential in the Land Use Bylaw;
j.
"Signalling device" means a horn, gong, bell, klaxon or other device producing an
audible sound for the purpose of drawing a person's attention to an approaching vehicle,
including a bicycle;
k.
"Village" means the Village of Barons or the area within the corporate limits of the
Village of Barons, as the context may require;
l.
"Violation Ticket" means where a Peace Officer or other authorized official of the
Village of Barons believes that any person has committed a breach of any of the
Sections of this Bylaw, they may cause a violation ticket to be served upon such person
pursuant to Part 2 of the Provincial Offences Procedure Act, Alberta.
m.
"Voluntary Penalty" means a penalty specified in this Bylaw for a contravention of a
provision of this Bylaw which amount may be paid by a person to whom a Violation
Ticket has been issued.
GENERAL PROHIBITION
3.
a.
Except to the extent allowed under this Bylaw, no person shall make, continue to make
or cause or allow to be made or continued any loud, unnecessary or unusual noise or
any noise which annoys, disturbs, injures, endangers, or detracts from the comfort,
repose, health, peace or safety of other persons within the limits of the Village.
b.
Where an activity which is not specifically prohibited or restricted by any legislation of
Canada or the Province of Alberta or by this Bylaw involves making a sound which:
i Is or may be or may become; or
ii creates or produces or may create or produce;
a disturbance or annoyance to other people or a danger to the comfort, repose, health,
peace or safety of others, a person engaged in that activity shall do so in a manner
creating as little of such sound as practicable under the circumstances.
FURTHER PROHIBITIONS
4.
a.
A person must not operate:
Village of Barons - Noise Control Bylaw
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i. a motorized or hand powered garden tool;
ii. a power tool outside any building or structure;
iii. a model aircraft driven by an internal combustion engine of any kind;
iv. a snow clearing device powered by an engine of any kind;
v. loud musical instruments, radios, stereos, T.V.'s outside their homes
within 150 meters of a Residential Zone during the night time.
b.
A person who owns, occupies or controls a truck-tractor or tractor-trailer must
not at any time allow it to remain running for longer than 20 minutes when it is
stationary in a Residential Zone or within 150 meters of a residential building.
5.
No person shall operate an outdoor speaker system on a parcel where a property line of
the parcel is within a Residential Zone or within 150 meters of a residential building
during the period beginning at 11:00 p.m. and ending at 9:00 a.m. the following day.
MOTOR VEHICLE NOISES
6.
a.
The failure of a person to comply within the Village with the following
provisions of the Traffic Safety Act, Revised Statutes of Alberta 2000, Chapter
T-6:
i The prohibition against the use of signalling devices on motor vehicles,
motorcycles, or bicycles so as to make more noise than is reasonably
necessary for the purpose of giving notice or warning to other persons on the
highway;
ii The restrictions on the type or use of mufflers and similar equipment on motor
vehicles;
iii The prohibition against equipping a vehicle other than those specified with a
siren;
constitutes a violation of this By-Law in addition to and not in substitution for
the offence under the Traffic Safety Act, Revised Statutes of Alberta 2000,
Chapter T-6
b.
Where a person is responsible for a vehicle of any type in a Residential Zone,
whether it be public or private property, at any time in such a way as to allow a
noise that unduly disturb the residents of that street, he is guilty of an offence
under this Bylaw in addition to and not in substitution for any offence of which
he may be guilty the Traffic Safety Act, Revised Statutes of Alberta 2000,
Chapter T-6.
c.
Subsection (b) does not apply to work on a Village street or on a public utility
Village of Barons - Noise Control Bylaw
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carried on by:
i A Village department;
ii A utility company;
iii A contractor working for the Village, or for a utility company.
d.
Where a vehicle is equipped with a siren under the Traffic Safety Act, Revised
Statutes of Alberta 2000, Chapter T-6, the driver thereof shall only use the siren:
i when the vehicle is proceeding in response to an emergency call; or
ii at any other time permitted under the Traffic Safety Act, Revised
Statutes of Alberta 2000, Chapter T-6, and
e.
Subsection (d) does not apply to the use of a siren on a vehicle operated by a
member of the Royal Canadian Mounted Police, Municipal Police Force, and an
Inspector of the Inspection Service Branch of the Department of Attorney
General or a Special Constable.
COMMERCIAL AND INDUSTRIAL NOISES
7.
Notwithstanding any other provision of this Bylaw, where an open area is provided for
parking of patrons in connection with the operation of a retail store or a group of retail
stores, the owner or person in charge of the parking area, after having obtained written
permission from the CAO and making no more noise than is reasonably necessary in
connection therewith, may use a machine for clearing snow or debris from that open
area during such hours as is necessary or expedient to keep that area clear of snow and
debris.
8.
No person shall advertise any event or merchandise by ringing bells, shouting, playing
any type of musical or noise making instrument or by any other audible means in any
part of the Village except as is approved by CAO.
9.
a.
Notwithstanding any other provision of this Bylaw and whether or not the
resulting noise may be heard in an adjoining area which is zoned other than as a
Commercial or Industrial Zone, nothing in this Bylaw shall prevent the continual
operation or carrying on of an activity during some or any of the hours between
ten o'clock in the evening and seven o'clock of the next forenoon in any area
which is classed as a Commercial or Industrial Zone in the Land Use By-Law
where the activity is one which:
i is permitted in the zone in which it is carried on or is a conditional use for
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which the required permission has been given; or
ii is a non-conforming use and as the same is defined in the Land Use Bylaw
for the zone in which the use is being carried on.
b.
In the operation or carrying on of an activity in a zone in which it would be
curtailed or restricted but for subsection (a) the person operating or carrying on
that activity shall make no more noise than is necessary in the normal method of
performing or carrying on that activity.
CONSTRUCTION NOISES
10.
a.
No person shall carry on the construction of any type of structure which involves
hammering, sawing or the use of any machines, tools or equipment capable of
creating a sound which may be heard beyond the boundaries of the site on which
the activity is being carried on during the "Night time".
b.
Subsection (a) does not apply to any work carried on by the Village or by a
contractor carrying out emergency work on the instructions of the Village.
POWERS OF A PEACE OFFICER
11.
Where a peace officer has reasonable and probable grounds to believe a violation of the
Bylaw exists, may enter with a warrant any dwelling house and may seize any noise
making articles and items he/she believes may have been used in the commission of any
violation of this Bylaw.
EXEMPTIONS
12.
Nothing herein shall render any person liable to a fine, penalty or punishment for
performing work of an emergency nature for the preservation or protection of life,
health or property.
PENALTIES
13.
A Violation Ticket in the amount of the voluntary penalty may be issued for any breach
of this Bylaw.
14.
Any person who commits a breach of any of the provisions of this Bylaw will be liable
to a penalty of:
a.
For the first offence a penalty of two hundred ($200.00) dollars or upon
Summary Conviction to a fine of not less than four hundred ($400.00) dollars
and not exceeding twenty-five hundred ($2,500.00) dollars, and in default of
Village of Barons - Noise Control Bylaw
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payment to a term of imprisonment of not more than six (6) months, or to both.
b.
For a second offence within a six (6) month period a penalty of four hundred
($400.00) dollars or upon Summary Conviction to a fine of not less than eight
hundred ($800.00) dollars and not exceeding twenty-five hundred ($2,500.00)
dollars, and in default of payment to a term of imprisonment of not more than
six (6) months, or to both.
c.
For a third and subsequent offence within a six (6) month period a summons
shall be issued and upon Summary Conviction to a fine of not less than one
thousand ($1,000.00) dollars and not exceeding twenty-five hundred
($2,500.00) dollars and in default of payment to a term of imprisonment of not
more than six (6) months, or to both. 20.
This Bylaw hereby rescinds Bylaw #500 and any amendments and comes into effect on its
final passing.
Read a first time, this 12th day of February, 2013.
Read a second time, this 12th day of February, 2013
Read a third and final time and finally passed this 12th day of February, 2013.
__________________________________
MAYOR
__________________________________
ADMINISTRATOR