This is the exact embedded text of the captured official document.
Snapshot 06a2803a7500 · verified 2026-06-08 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
THE SUMMER VILLAGE OF GHOST LAKE
BYLAW NUMBER 186
A BYLAW OF THE SUMMER VILLAGE OF GHOST LAKE IN THE
PROVINCE OF ALBERTA PREVENTING AND COMPELLING THE
ABATEMENT OF UNNECESSARY NOISE AND OTHER NUISANCE
ACTIVITIES AND BEHAVIORS
BACKGROUND
WHEREAS Section 7 of the Municipal Government Act, R.S.A. 2000, c. M-26
provides that a Municipal Council may enact bylaws respecting nuisances;
the safety, health and welfare of people and the protection of people and
property; and respecting people, activities and things in, on or near public
places; and
WHEREAS the Council of the Summer Village of Ghost Lake deems it necessary
to pass a Bylaw to provide for the prevention and to compel the abatement
of unnecessary noise and nuisance activities and behaviors within the
Summer Village of Ghost Lake;
NOW THEREFORE, the Council of the Summer Village of Ghost Lake in the
Province of Alberta, duly assembled, hereby enacts as follows:
TITLE
1.
This Bylaw may be cited as the "The Noise and Nuisance Activity
Abatement Bylaw".
DEFINITIONS
2.
In this By-Law, unless the context otherwise requires:
(a)
"Council" means the Municipal Council of the Summer Village of
Ghost Lake;
(b)
"Court" means the Provincial Court of Alberta;
Page 2 of 8 - Noise and Nuisance Activities Bylaw 186
(c)
"Daytime" means the period:
(i) beginning at 7:00 A.M. and ending at 11:00 P.M. of the same
day on weekdays and;
(ii) beginning at 9:00 A.M. and ending at 11:00 P.M. of the same
day on a weekend or statutory holiday;
(d)
"Emergency Vehicle" has the same meaning as in the Traffic Safety
Act, R.S.A. 2000, c. T-6;
(e)
"Enforcement Officer" means a member of the Royal Canadian
Mounted Police who is authorized to enforce Bylaws of the Summer
Village;
(f)
"holiday" has the same meaning as in the Interpretation Act, R.S.A.
2000, c. I-8;
(g)
"including" when introducing a list of items, does not limit the
meaning of the words to those items or to items of a similar kind;
(h)
"Motorized Power Tool" means any tool or implement that is
powered by an electric or internal combustion motor, or
compressed air, including snow-blowers, lawn mowers and
motorized garden tools;
(i)
"Municipal Government Act" means the Municipal Government Act,
R.S.A. 2000, c. M-26;
(j)
"Night-time" means the period beginning at 10:00 P.M. and ending
the following day at:
(i)
7:00 A.M. if the following day is a Weekday; or
(ii)
9:00 A.M. if the following day is a Weekend;
(k)
"Noise" means any sound that annoys, aggravates, endangers or
disturbs humans or animals, or which detracts from the comfort,
peace, or repose of humans, including any loud music or outcry,
clamour, shouting, howling, or any other sound that is loud, harsh or
otherwise undesirable;
(l)
"Nuisance Activity or Behavior" means any activity or behavior that
may jeopardize or interfere with:
Page 3 of 8 - Noise and Nuisance Activities Bylaw 186
(i) the comfort, peace, repose, safety or well-being of others; or
(ii) the reasonable right of other persons to the peaceful enjoyment
of private property and the Public Lands located within the
summer village;
(m)
"Person" means an individual or any business entity including a
firm, partnership, association, corporation, company, or society;
(n)
"Provincial Offences Procedure Act" means the Provincial Offences
Procedure Act, R.S.A. 2000, c. P-34, and the regulations thereof,
as amended or replaced from time to time;
(o)
"Public Lands" means:
(i) property owned or operated by the Summer Village
including, but not limited to all roads and streets road
allowances, public parks and reserves;
(ii) property owned or operated by a community association
or not-for-profit organization; or
(iii) property owned or operated by the provincial or federal
government, or any agencies or departments thereof,
and any associated organizations;
(p)
"Residential Building" means a structure used as a residence
containing one or more dwelling units, including a house, multi-
family dwelling, apartment building, hospital, lodging, house, hotel,
motel, mobile home, tent, trailer, motor home, camper or
recreational vehicle of any type";
(q)
"Residential Development" means any land that is the site of one or
more Residential Buildings, excepting farms, ranches, and other
land which is used for purely agricultural purposes;
(r)
"Signalling Device" means any device that produces an audible
sound used for the purpose of drawing a person's attention,
including a horn, gong, bell or claxon or public address system;
Page 4 of 8 - Noise and Nuisance Activities Bylaw 186
(s)
"Speaker System" means any sound amplification device that
converts electrical impulses into sound, whether the device is
independent or incorporated into a radio, stereo, television,
computer, or public address system, including any such device
located in a building, vehicle, or portable self-contained unit;
(t)
"Summer Village" means:
(i) the Municipal Corporation of the Summer Village of Ghost Lake,
as duly established pursuant to the laws of the Province of
Alberta; or
(ii) the area within the legal boundaries of the Summer Village of
Ghost Lake, as the context of this Bylaw requires;
(u)
"Vehicle" has the same meaning as in the Traffic Safety Act, R.S.A.
2000, c. T-6;
(v)
"Weekday" means Monday through Saturday inclusive, with the
exception of any Statutory holidays;
(w)
"Weekend" means Sunday and any other holiday.
NOISE PROHIBITIONS AND RESTRICTIONS
3.
No Person shall in either the Daytime or the Night-time:
(a) make, continue, cause, or allow to be made or continued, on private
property or Public Lands, any excessive, unnecessary, or unusual Noise
of any type;
Page 5 of 8 - Noise and Nuisance Activities Bylaw 186
(b) allow or permit any real or personal property that is owned, occupied
or controlled by that Person to be used in a way that allows excessive,
unnecessary, or unusual Noise of any type to emanate from such
property; or
(c)
operate, allow or permit the operation of a Speaker System of any
type, on private property or Public Lands, at an unnecessarily loud
volume, thereby creating excessive Noise.
4.
(a)
Whether or not a particular sound complained of constitutes a
Noise, or is an "excessive, unnecessary or unusual Noise" are questions
of fact to be determined by a Court hearing a prosecution pursuant to the
provisions of this Bylaw.
(b)
When making the determination as to whether a particular sound
constitutes an "excessive, unnecessary or unusual Noise" the Court shall
consider any admissible evidence as to:
(i)
the time of the disturbance complained of and whether it was
during the Daytime or the Night-time;
(ii)
the location of the disturbance and whether or not the
disturbance occurred in a Residential Development;
(iii)
the duration and nature of the disturbance; and
(iv)
any other circumstances or factors relating to the
disturbance which the Court deems are relevant to the said
determination.
5.
No Person shall operate, allow or permit the operation of:
(a)
a Motorized Power Tool outside of any building or structure;
(b)
a model aircraft, model vehicle, or similar device that is powered by
an internal combustion engine; or
(c)
a Signalling Device of any kind, including a vehicle horn,
in the Summer Village in the Night-time.
6.
No Person shall carry on, allow or permit the carrying on of construction
outside of any building or structure within the Summer Village in the Night-
time.
Page 6 of 8 - Noise and Nuisance Activities Bylaw 186
7.
The provisions of this bylaw do not apply to:
(a)
Emergency Vehicles;
(b)
construction activities and related Noise during the daytime;
(c)
work performed in relation to a highway or public utility by the
owner or operator of the public utility, or its contractors.
8.
The provisions of this Bylaw must not be interpreted to prevent:
(a)
the use of Signalling Devices on Vehicles in their normal operation
for the purpose of giving warnings to other drivers or pedestrians;
(b)
the sounding of any alarm or warning to announce a fire or other
emergency; or
(c)
the playing of a band or other activities relating to a lawful parade
or public demonstration.
NUISANCE ACTIVITIES AND BEHAVIORS
9.
No Person shall in either the Daytime or the Night-time:
(a)
engage in, allow, or permit others to engage in Nuisance Activities
or Behaviours, whether on private property or Public Lands; or
(b)
allow or permit any real or personal property that is owned,
occupied or controlled by that Person to be used in any manner
that constitutes a Nuisance Activity or Behaviour.
10.
Whether or not a particular activity or behaviour constitutes a "Nuisance
Activity or Behaviour", as per the definition provided in this Bylaw, is a
question of fact to be determined by a Court hearing a prosecution
pursuant to the provisions of this Bylaw.
CONDUCT ON AND USE OF PUBLIC LANDS
11.
No Person shall light or have a fire, or set off fireworks on Public Lands
unless said Person has been so authorized by the owner or operator of
the property in question, and has obtained the required and appropriate
permits allowing for such activity.
12.
No Person shall camp, tent or otherwise sleep overnight on Public Lands
unless said Person has been so authorized by the owner or operator of
Page 7 of 8 - Noise and Nuisance Activities Bylaw 186
the property in question, and has obtained the required and appropriate
permits allowing for such activity.
13.
No Person shall deface, damage, destroy or wrongfully appropriate any
Public Lands or any other property owned or operated by the Summer
Village.
14.
No Person shall urinate, defecate, or deposit refuse or litter upon any
Public Lands.
GENERAL PENALTY PROVISION
15.
Any Person that violates any provision of this Bylaw is guilty of an offence
and is liable upon conviction to a maximum fine of $10,000, or in default of
payment of the fine to imprisonment for a period not exceeding one year,
or to both fine and imprisonment in such amounts.
MINIMUM AND SPECIFIED PENALTIES
16.
The minimum and specified penalty for a violation of any provision of this
Bylaw is $200.
17.
Notwithstanding Section 16 of this Bylaw, if a Person violates the same
provision of this Bylaw twice within a one-year period, the minimum and
specified penalty for the second such violation shall be double the amount
set out in Section 16.
ENFORCEMENT
18.
Where an Enforcement Officer has reasonable grounds to believe that a
Person has violated any provision of this Bylaw, the Enforcement Officer
may commence Court proceedings against such Person by:
(a)
Issuing the Person a Violation Ticket pursuant to the provisions of
Part 2 of the Provincial Offences Procedure Act; or
(b)
Swearing out an Information and Complaint against the Person.
19.
Where an Enforcement Officer issues a Person a Violation Ticket in
accordance with Section 18 of this Bylaw, the Officer may either:
(a)
allow the Person to pay the specified penalty as provided for the
offence in Sections 16 and 17 of this Bylaw by indicating such specified
penalty on the Violation Ticket; or
Page 8 of 8 - Noise and Nuisance Activities Bylaw 186
(b)
require a Court appearance of the Person where the Enforcement
Officer believes that such appearance is in the public interest, pursuant to
the provisions of Part 2 of the Provincial Offences Procedure Act.
SEVERABILITY AND STRICT LIABILITY OFFENCES
20.
Each provision of this Bylaw is independent of all other provisions. If any
such provision is declared invalid by a Court of competent jurisdiction, all
other provisions of this Bylaw will remain valid and enforceable.
21.
It is the intention of Council that all offences created by this Bylaw be
interpreted to be strict liability offences.
REPEAL
22.
Upon third and final reading of this by-law, By-Law # 117 is repealed.
EFFECTIVE DATE
23.
This bylaw is effective upon third and final reading.
READ A FIRST TIME IN COUNCIL THIS 14th day of June, AD 2004
READ A SECOND TIME IN COUNCIL THIS 14th day of June, AD 2004
READ A THIRD AND FINAL TIME IN COUNCIL THIS 14th day of June, AD 2004
"Bob Miller"
"Sharon Plett"
__________________________________
Mayor
__________________________________
Chief Administrative Officer