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Bylaw 514-23
Village of Duchess
Bylaw #514-23
Noise Bylaw
A bylaw of the Village of Duchess to prohibit certain activities creating noise and to
abate the incidence of noise and restrict the hours when certain sounds may be made.
Whereas the Municipal Government Act RSA 2000 Chapter M-26 authorizes a Council to
pass bylaws for the purpose of prohibiting, eliminating or abating noise.
Whereas it is desirable to have regulations which affect noise in order to benefit the
community as a whole. And to be compatible with normal activities of urban life and
that unnecessary noise be eliminated.
Therefore, the Council of the Village of Duchess in the province of Alberta duly enacts as
follows:
This Bylaw shall be cited as the "Noise Bylaw".
In this bylaw the following definitions shall be valid:
a. Act - means the Municipal Government Act RSA 2000 Chapter M-26 and
regulations made under the Municipal Government Act as amended.
b. Bylaw - means the Village of Duchess Bylaw # 459-14 as may be amended
from time to time.
c. Chief Administrative Officer - means the Chief Administrative Officer of the
Village of Duchess regardless of any subsequent title that may be conferred on that
officer by Council or statute, or his/her designate.
d. Commercial - means a business use or activity at a scale greater that home
industry involving retail or wholesale making of goods and services.
e. Construction - means the temporary process of excavating, demolishing or
building any structure, or repairing or improving a structure that already exists,
including landscaping, home repair and/or renovation, property improvement and any
work in connection with that process.
f. Council - means the Municipal Council of the Village of Duchess.
g. Court - means a Provincial Court of competent jurisdiction within the Province
of Alberta.
h. Daytime - means the period:
- beginning at 7:00 am and ending at 10:00 pm of the same day on
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Bylaw 514-23
weekdays; or
- beginning at 9:00 am and ending at 10:00 pm of the same day on a
Weekend or holiday.
i. Industrial - means the use of land and/or buildings for the purpose of
manufacturing, processing, refining, storing and/or distributing materials or products for
sale or application elsewhere. Any on premises sales shall be incidental to the operation
of the industry.
j. Land Use Bylaw - means the Village of Duchess Land Use Bylaw # 438/08 , as
amended or replaced from time to time.
k. Motor Vehicle - as defined in the Traffic Safety Act, RSA 2000 Chapter T-6 as
amended, means.
- a vehicle propelled by any power other that muscular power;
- a moped;
- a motorcycle that is mounted on 2 or 3 wheels and includes those motor
vehicles known in the automotive trade as motor cycles and scooters.
- an off highway vehicle or any motorized mode of transportation built for cross
country travel on land, water, snow, ice or marsh or swamp land or on other natural
terrain; but,
- does not include a bicycle, a power bicycle, an aircraft, an implement of
husbandry or a motor vehicle that runs only on rails.
l. Motorized Garden Tool - means any tool used for horticulture that is powered
by an electric or internal combustion engine of any kind.
m. Nighttime - means the period beginning at 10:00 pm and ending the following
day at:
- 7:00 am if the following day is a weekday; or
- 9:00 am if the following day is a weekend.
n. Noise - means any sound that is reasonably likely to disturb the peace of
other.
o. Operator - as defined in the Traffic Safety Act RSA 2000, Chapter T-6, as
amended, means a person who is driving or is in actual physical control of a motor
vehicle.
p. Owner - means
- in the case of land, to be registered under the Land Titles Act as the owner of
the fee simple estate in a parcel of land; or
- in the case of personal property, to be in lawful possession or have the right to
exercise control over it; or
- in the case of a motor vehicle, to be the registered owner of the motor vehicle.
q. Peace Officer - means a Bylaw Enforcement Officer appointed by the County
of Newell and contracted to the Village of Duchess pursuant to Section 555 of the
Municipal Government Act and for the purpose of enforcement of this Bylaw, also
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Bylaw 514-23
includes a Community Peace Officer or a member of the Royal Canadian Mounted
Police.
r. Person - means any person, firm, partnership, association, corporation,
company, or organization of any kind.
s. Residential - means a room or suite of rooms which form a dwelling unit that is
exclusively used for human habitation purposes and includes houses, duplexes,
townhouses, condominiums, apartments, and includes a vacant lot within a residential
area.
t. Signalling Devices - means any device that produces an audible sound used for
the purpose of drawing an individual's attention, including a horn, gong, bell, klaxon or
public address system.
u. Village - means the Village of Duchess, a Municipal Corporation in the Province
of Alberta, or the geographical area contained within the boundaries of the Village of
Duchess, as the context may require.
v. Violation Tag - means a tag or similar document issued by the Village of
Duchess pursuant to the Act.
w. Violation Ticket - means a ticket issued pursuant to Part II of the Provincial
Offences Procedures Act, RSA 2000 chapter P-34, as amended and any regulations
thereto.
x. Weekday - means Monday through Friday inclusive unless it falls on a holiday.
y. Weekend - means Saturday and Sunday and any other holiday.
Noise
Where an activity , which is not specifically prohibited or restricted by a provision of any
Legislation or regulation of Canada or of the Province of Alberta or by any provision of
this Bylaw, involves creating a sound which is, or may become, or 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 engaging in such an activity
shall do so in such a manner as to create as little of such sound as practicable under the
circumstances.
The provisions shall not be interpreted to prevent:
a. The ringing of bells in churches, religious establishments, and schools during
daytime hours:
b. the moderate use of musical instruments to call attention to a charitable or
non-profit undertaking or event during daytime hours;
c. the sounding of any alarm or warning to announce a fire or other emergency;
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Bylaw 514-23
d. the playing of a band, using bells, horns, and/or instruments in connection with
a parade allowed pursuant to any Village of Duchess Bylaw with a permit from the
Village of Duchess;
e. the use of signalling devices on motor vehicles in their normal operation for
the purpose of giving warning to other motor vehicles or persons;
f. motor vehicles and equipment used to clear snow and ice from any Village
highway or public area;
g. construction at any premises during the daytime, whether or not the
construction or renovation requires any Village permits;
h. any work, whether urgent or not, on a Village highway or on a public utility
carried out by the owner or operator of the public utility, or it's authorized contractors;
or,
i. any activity within the sole jurisdiction of the Government of Canada or the
Province of Alberta.
The provisions shall not prohibit;
a. a person who is an employee or authorized agent of the Village of Duchess
from producing certain sounds while acting with the scope of their functions, duties, or
powers; or,
b. the performance of any industrial activity by any person where the industrial
activity is:
- located on a premises that is designated for such use under the Land Use Bylaw;
or
- is a non-conforming use as defined in the Act.
- the noise is generated pursuant to work done in the normal manner to that end;
and
- the work does not otherwise contravene any Federal, Provincial or Municipal
laws or regulations.
c. In determining if a sound is reasonably likely to disturb the peace of others the
following criteria may be considered:
- type, volume and duration of the sound;
- time of day and day of the week;
- nature and use of the surrounding area; and
- any other relevant factor.
Prohibited Noise
No person shall make, continue, cause or allow to be made, on a premises in which they
are the owner or occupier, any loud, unnecessary or unusual noise that annoys,
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disturbs, injures, endangers the comfort, repose, health, peace or safety of other
persons within the Village of Duchess limits.
No person shall yell, scream, or swear in any public area thereby creating a disturbance.
A person shall not operate on a residential premises, during the nighttime:
a. a lawn mower of any kind:
b. a motorized garden tool;
c. power tools outside of any structure;
d. a model aircraft driven by an internal combustion engine of any kind;
e. a snow clearing device powered by an engine of any kind; or,
f. motorized snow or leaf blowing device.
A person shall not use a signalling device to promote or advertise the sale of ice cream
or any other food in a residential area during the nighttime.
A person who owns, keeps, houses, harbors or allows to stay on his/her premises any
animal which by reason of producing unnecessary noise, disturbs persons in the vicinity
of his home is guilty of an offence under this bylaw.
Where an activity which is not specifically prohibited or restricted by this Bylaw involves
making a sound that is or may become a loud, unnecessary or unusual noise that
annoys, disturbs, injures, endangers the comfort, repose, health, peace or safety of
other persons within the Village of Duchess limits; a Peace Officer, Bylaw Officer, RCMP
empowered by the Village of Duchess, may make the decision to enforce the provisions
of this Bylaw.
Motor Vehicle Noise
No person shall permit a motor vehicle located on any premises to create noise which
emanates from that premises and disturbs or annoys a person, including noise from
excessive engine revving and stereo and amplification equipment emanating from the
motor vehicle.
No owner or occupier of any premises with the Village of Duchess shall permit, a motor
vehicle located on the premises to emit noise which emanates from that premises and
disturbs or annoys a person, including noise from excessive engine revving and stereo
and amplification equipment emanating from a motor vehicle.
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If a motor vehicle is involved in any offence against this Bylaw, the owner of that motor
vehicle is liable for the contravention unless the owner, on a balance of probabilities,
satisfies the Court that, at the time the motor vehicle was involved in the contravention,
the owner was not present in the motor vehicle and no other person was operating the
motor vehicle with the owner's express or implied consent.
Construction Noise
Any owner or occupier of a premises, within the Village of Duchess shall not cause or
permit any construction project before 7:00 am or after 10:00 pm on a weekday or
before 9:00 am or after 10:00 pm on a weekend.
In the operation or carrying on of a construction project, the person operating or
carrying on that project shall make no more noise that is necessary in the normal
method of performing or carrying on that project.
Relaxations and Exceptions
This Bylaw does not apply to the Village of Duchess Public Works Department or their
designates in the performance of their duties.
This Bylaw does not purport to regulate the cumulative effect of noise created by motor
vehicle traffic on highways in or adjacent to the Village of Duchess, as well as
aeronautical related activities of aircraft or any airport authority.
A person may operate a snow clearing device powered by an engine for the purpose of
removal of snow and ice from highways, parking lots and sidewalks during the 24
(twenty-four) hour period following a snowfall, rain or freezing rain, subject to the right
of the Chief Administrative Officer to withdraw this relaxation on a site specific basis.
Enforcement
In making a determination as to contraventions of this Bylaw, a Peace Officer or the
Court may take into consideration any or all of the following factors:
a. the frequency of the activity
b. the intensity and duration of the activity
c. the time of day or season
d. the nature of the surrounding area
e. the effect of the noise or activity on a complainant or complainants; or,
f. the effect of the noise or activity on the surrounding area.
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General Provisions
Nothing in this Bylaw relieves a person from complying with any Federal or Provincial
law or regulation, other Bylaw or any requirements of any lawful permit, order, consent
or other direction.
Where this Bylaw refers to another Act, regulation, or agency, it includes reference to
any Act, regulation, or agency that may be substituted, therefore.
A Peace Officer is for the purposes of enforcement of this Bylaw, a Designated Officer if
the Village.
A person who contravenes or does not comply with any provision of the Bylaw is guilty
of an offence.
Fines and penalties imposed on a conviction for an offence under this Bylaw are an
amount owing to the Village of Duchess.
The levying and payment of any fine for any period provided in this Bylaw shall not
relieve a person from the necessity of paying any fees, charges, or costs from which that
person is liable under the provisions of this Bylaw or any other Bylaw.
Any person who breaches any provision of the Bylaw is guilty of an offence and liable:
a. upon the issuance of a violation tag to the specified penalty as listed on
Schedule "A" attached to and forming part of this bylaw;
b. upon summary conviction to a fine of not less than the amount specified on
Schedule "A" attached to and forming part of this bylaw for each offence, exclusive of
costs.
c. to a fine of not more than $10,000.
A Peace Officer is hereby authorized and empowered to issue a violation tag to any
person who has contravened any provision of this bylaw.
A violation tag shall be deemed to be sufficiently served if:
a. served personally on the accused; or,
b. mailed to the address of the registered owner of the property concerned or to
the person concerned; or
c. served personally upon the manager, secretary, receptionist or other officer or
person apparently in charge at any premises of the accused, or by mailing a copy to such
accused.
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A violation tag shall state:
a. the name of the person or other information to adequately identify the person;
b. approximate location of where the offence took place;
c. the offence;
d. the penalty for the offence set out on Schedule "A" of the bylaw;
e. that the penalty shall be paid within (14) fourteen days from the issuance of
the violation tag;
f. any other information deemed necessary by the Chief Administrative Officer or
by the provisions of the Act or the Provincial Procedure Act RSA 2000 chapter P-34 as
amended.
Where a breach of this bylaw is of a continuing nature, each day on which it continues
or is repeated shall constitute a separate offense and shall be liable to a separate
penalty.
Where a violation tag has been issued for breach of any provision of this bylaw, the
person to whom the violation tag is issued may, in lieu of being prosecuted for the
offence, pay to the Village of penalty specified on the violation tag.
Nothing in the bylaw shall prevent a Peace Officer from immediately issuing a violation
ticket.
a. if a person upon whom a violation tag is served above fails to pay the voluntary
payment within the time specified, a Peace Officer is hereby authorized and empowered
to issue a violation ticket pursuant to Part II of the Provincial Offences Procedure Act
RSA 2000 Chapter P-34, as amended, or as repealed and replaced from time to time.
b. the person to whom the violation ticket may, in the case of a violation ticket
issued pursuant to the Provincial Offences Procedure Act RSA 2000 Chapter P-34, as
amended, or as repealed and replaced from time to time, plead guilty by making a
voluntary payment in respect to the summons delivering to the Provincial Court, on or
before the initial appearance date, the violation ticket together with an amount equal to
the specified penalty for the offence as provided for in Schedule " A" to this bylaw.
c. any person who is guilty by way of summary conviction of an offense under the
provisions of this bylaw shall be liable for a fine of not less that the amount specified for
that particular breach of this bylaw, plus associated court costs pursuant to Part II of the
Provincial Offences Procedure Act RSA 2000 Chapter P-34, as amended, or as repealed
and replaced from time to time.
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Severability
It is the intention of Council that each separate provision of this bylaw shall be deemed
independent of all other provisions herein and it is the further intention of Council that
if any provision of this bylaw is declared invalid, all other provisions herein shall remain
invalid and enforceable.
Repeal of Bylaw
Bylaw 459/14 is hereby repealed.
Effective Date
This Bylaw shall take effect at the date of the final passing thereof:
Read a first time this 23 day of October 2023.
Read a second time this 20 day of November 2023.
Read a third and final time this 20 day of November 2023.
_____________________________
DEPUTY MAYOR
Deborah Reid-Mickler
_____________________________
CHIEF ADMINISTRATION OFFICER
Yvonne Cosh
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Bylaw 514-23
Schedule A - Specified Penalties
Offence
Penalty
2nd or
subsequent
offence in
one year
514-23-1
Make, continue, cause or allow noise to be
made
$ 250.00
$ 400.00
514-23-2
Yell, scream or swear in a public area
$ 250.00
$ 400.00
514-23-3
Operate a prohibited device during the
nighttime
$ 250.00
$ 400.00
514-23-4
Use a signalling device in a residential area
during the nighttime
$ 250.00
$ 400.00
514-23-5
Cause or permit a motor vehicle to emit noise
$ 250.00
$ 400.00
514-23-6
Cause or permit a construction project during
prohibited hours
$ 250.00
$ 400.00
514-23-7
Allow an animal to make unnecessary noise
$ 250.00
$ 400.00