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VILLAGE OF HEISLER
BYLAW 560-25
BEING A BYLAW TO PREVENT AND COMPEL THE ABATEMENT OF ACTIVITIES, PROPERTY OR
THINGS CREATING NOISE THAT IS A NUISANCE IN THE VILLAGE of HEISLER, IN THE
PROVINCE OF ALBERTA.
WHEREAS, the Municipal Government Act R.S.A., 2000, Chapter M-26 with amendments
thereto, provides that the Council of a municipality may pass bylaws for the purpose of
prohibiting or regulating nuisances including eliminating or abating noise that is a
nuisance, and establishing or regulating permissible noise levels for all or varying periods
of the day, in all or a designated part or location of the municipality.
NOW THEREFORE, the Council of the VILLAGE of HEISLER enacts as follows:
1.
This bylaw may be cited as the "Noise control Bylaw."
2.
Definitions
Words defined in the:
(i)
"Traffic Safety Act" being Chapter T-6 of the Revised Statutes of
Alberta, 2000 and amendments thereto;
(ii)
"Traffic Safety Act - Vehicle Equipment Regulation" being Alberta
Regulation 122/2009 and amendments thereto;
(iii)
"Traffic Safety Act - Use of Highway and Rules of the Road Regulation"
being Alberta Regulation 304/2002 and amendments thereto;
(iv)
"Interpretation Act" being Chapter I-8 of the Revised Statutes of
Alberta, 2000 and amendments thereto;
(v)
"Municipal Government Act" being Chapter M-26 of the Revised
Statutes of Alberta, 2000 and amendments thereto;
i. Shall have the same meaning when used in this bylaw unless
defined in this bylaw or unless the context otherwise requires.
"Bicycle"- means a cycle propelled by human power on which a person can ride,
regardless of the number of wheels it has and includes a vehicle that:
(i)
may be propelled by muscular or mechanical power;
(ii)
is fitted with pedals that are continually operable to propel it;
(iii)
weighs not more than thirty-five (35) kilograms;
(iv)
has a motor that produces not more than seven hundred and fifty (750)
watts and that is driven by electricity or has an engine displacement of
not more than fifty (50) cubic centimeters.
(v)
has no hand-operated or foot-operated clutch or gearbox driven by
the motor that transfers power to the driven wheel;
(vi)
does not have sufficient power to enable it to attain a speed greater
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than thirty-five (35) kilometers per hour on level ground with a distance
of two (2) kilometers from a standing start.
"Bylaw Enforcement Officer"- means the person or persons appointed from time to time
by the Village of Heisler Council to enforce and administer the bylaws of the Village of
Heisler.
"Commercial District" - means a district described as such in the Village's Land Use Bylaw
"Council" - means the Village of Heisler Municipal Council.
"Electronic Device" - means any device or mechanism which is operated by the
application of electric current, and without restricting the generality of the foregoing,
includes any radio receiver, radio transmitter, record or tape player or device which
reproduced recorded sound, television set, amplifier and loud speaker system public
address system, alarm, siren.
"Dwelling Unit" - means a complete building or self-contained portion of a building for
the use of one or more individuals living as a single housekeeping unit, containing
sleeping, cooking and separate toilet facilities intended as a permanent residence not
separated from direct access to the outside by another separate or self-contained set
or suite of rooms.
"Industrial District" - means a district described as such in the Village's Land Use Bylaw.
"Internal Combustion Engine"- means an engine, such as an automotive gasoline piston
engine or a diesel, in which fuel is burned within the engine proper rather than in an
external furnace, such as a steam engine.
"Motorcycle" - means a motor vehicle mounted on two (2) or three (3) wheels that
includes those motor vehicles known to the trade as motorcycles and scooters but does
not include an off-highway vehicle as defined in the Traffic Safety Act Section 117.
"Motor Vehicle"- means:
(i)
a vehicle propelled by any power other than muscular power, or
(ii)
a moped, but does not include a bicycle, an aircraft, a tractor,
whether equipped with rubber tires or not, an implement of husbandry
or a motor vehicle that runs only on rails.
"Occupant" - means any person other than the registered owner who is in possession of
control of a property, including, but not restricted to, a lessee, licensee, tenant or agent
of the owner.
"Owner" - means:
(i)
any person(s) registered as the owner of property under the Land Titles
Act, or
(ii)
any person(s) who is recorded as the owner of property on the
assessment role of the Village, or
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(iii)
any person(s) who has become the beneficial owner of the property,
including by entering into a purchase and sale agreement, whether
they have purchased or otherwise acquired direct from the owner or
from another purchaser, and who has not yet become the registered
owner thereof, or
(iv)
any person(s) holding himself out as the person exercising the power of
authority of ownership or, who for the time being exercises the powers
and authority of ownership over the property, or
(v)
any person(s) in control of a property under construction.
"Peace Officer" - means:
(i)
a member of the Royal Canadian Mounted Police,
(ii)
a member of a municipal police force,
(iii)
a special constable,
(iv)
a Bylaw Enforcement Officer.
"Permit" - means written authorization issued by the Village of Heisler pursuant to
Section 5.3 of this bylaw.
"Person" - means a corporation, partnership, society of individual, and the heir,
executers, administrator of another legal representative of an individual.
"Premises"- means land or building or both or part thereof occupied or used for any
purpose.
"Property" - means any lands, building, structures, or premises, or any personal property
located thereupon, within the municipal boundaries of the Village.
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"Residential District" - means a district described as such in the Village's Land Use Bylaw.
"Village"- means the municipal corporation of the Village of Heisler.
"Village Manager"- means the person appointed from time to time by bylaw as the
Chief Administrative Officer of the Village of Heisler.
"Truck Tractor"- means a truck that is designed primarily for drawing another vehicle
and that is not designed to carry any load other than part of the weight of the vehicle
drawn, and includes a vehicle that is designed to accommodate a fifth-wheel
coupling, but does not include a crane equipment breakdown vehicle.
"Vehicle"- means a device in, on or by which a person or thing may be transported or
drawn on a highway.
3.
GENERAL PROHIBITION
3.1
Except to the extent it is allowed by this bylaw, no person shall make,
continue, cause or allow to be made or continued any loud, unnecessary,
unusual or excessive noise which annoys, disturbs, injures, endangers or
detracts from the comfort, repose, health, peace or safety of other persons
within village limits.
3.2
Except to the extent it is allowed by this bylaw, no person shall allow property
belonging to him or under his control to be used so that there originates from
the property any loud, unnecessary, unusual or excessive noise which
annoys, disturbs, injures, endangers or detracts from the comfort, repose,
health, peace or safety of other persons within village limits.
3.3
In determining whether a noise annoys, disturbs, injures, endangers or
detracts from the comfort, repose, health, peace or safety of other persons
within village limits, consideration may be given but is not limited to the
following:
3.3.1
the type, volume and duration of the sound;
3.3.2
the time of day or night and day of week;
3.3.3
the nature and use of the surrounding area;
3.3.4
regularity of occurrence/ and or occurrences
No person shall own, keep or harbor any animal or bird which makes, or
causes to be made, any noise which annoys, disturbs, injures, endangers or
detracts from the comfort, repose, health, peace or safety of other persons
within village limits.
3.4
What is a loud noise, or noise which annoys, disturbs, injures, endangers or
detracts from the comfort, repose, health, peace or safety of other persons is
a question of fact for a court which hears a prosecution of an offence
against the bylaw.
3.5
Where a thing or activity which is not specifically prohibited or restricted by
legislation or regulations of Canada or the Province of Alberta or by any
provision of this bylaw involves creating or making sound which:
3.5.1
is or may become, or
3.5.2
creates or produces or may create or produce a disturbance or
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annoyance to other people or a danger to the comfort, repose,
health, peace or safety of other persons, a person engaging in
such activity shall do so in such manner as to create as little such
sound as practicable and reasonable under the circumstances.
3.6
No person shall emit or cause or permit the emission of sound or noise
resulting from an act listed below if the sound or noise is clearly audible
outside the property from which the noise originates.
3.6.1 is or may become, or
3.6.2 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 other persons, a person engaging in
such activity shall do so in such manner as to create as little such
sound as practicable and reasonable under the circumstances.
3.7
No person shall emit or cause or permit the emission of sound or noise
resulting from an act listed below if the sound or noise is clearly audible
outside the property from which the noise originates.
3.7.1 Between the hours of 0700 hours and 2200 hours on any
calendar day except Sundays and statutory holidays and 0900
hours and 1900 hours on Sundays and statutory holidays:
3.7.1.1
operate any engines or motor-powered machine used for
snow removal, gardening, landscaping or on lawns in such a
manner as to create undue noise.
3.7.1.2
operate any electronic device in such a manner as to
create undue noise.
3.7.2 Where a parcel of land and boundaries thereof are zoned
in a commercial or industrial district and more than 100 meters
from a residential district Section 3.7.1 does not apply
4.
ABATEMENT OF NOISE
4.1 No person shall within the corporate limits of the Village of Heisler make, or
cause to be made any noise or continuous noise likely to disturb the peace
and quiet of the community, unless permission to do so has first been
obtained in writing from the Council.
4.2 No person shall make or cause to be made any noise or continuous noise
likely to disturb or annoy other persons in the neighborhood.
4.3 No person shall allow property or a thing under their control or owned by that
person to be used so that there originates from that property or thing any
noise or continuous noise which disturbs the peace, comfort, or repose of
other persons within the limits of the Village of Heisler.
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5.
MOTOR VEHICLE NOISES
5.1
The failure of a person to comply within the Village of Heisler with the
following provisions of the Traffic Safety Act, and/or the Traffic Safety Act
Vehicle Equipment Regulation, and/or The Traffic Safety Act Use of Highway
and Rules of the Road Regulation
5.1.1 the prohibition against the use of a horn or other audible warning
device on Motor Vehicle, Motorcycle, moped, power bicycle, or
Bicycle so as to make more noise than is reasonably necessary for the
purpose of giving notice or warning to other persons on the highway
as set out in the Use of Highway and Rules of the Road Regulation
Section 83(1).
5.1.2 the restrictions on the type or use of mufflers and similar equipment on
Motor Vehicles and other Internal Combustion Engines as set out in the
Vehicle Equipment Regulation Section 61.
5.1.3 the prohibition against equipping a Vehicle with a siren other than
those specified as set out in Section 2 and Section 77 of the Vehicle
Equipment Regulation.
shall constitute a violation if this bylaw in addition to and not in substitution for
the offence created by the Traffic Safety Act, the Use of Highway and Rules
of the Road Regulation and the Vehicle Equipment Regulation.
5.2
If a person operated a Vehicle of any type on a street in a residential district
at any time of the day or night in such a way as to disturb the residents of the
street in the residential district in which they are operating the Vehicle that
person shall be guilty of an offense under this bylaw in addition to and not in
substitution for any offence of which that person may be guilty against the
provisions of Section 87 of the Use of Highway and Rules of the Road
Regulation.
5.3
Where a Vehicle is allowed by the provisions of Section 2 of the Vehicle
Equipment Regulation to be equipped with a siren the driver thereof shall
only use the siren at such times as the Vehicle is proceeding in response to
an emergency call as set out in Section 62 of the Use of Highway and Rules
of the Road Regulation.
5.4
Nothing in subsection (c) shall prohibit restrict the use of a siren on a Vehicle
operated by a member of the Royal Canadian Mounted Police, an
inspector of the Motor Vehicle Transportation and Utilities Branch of the
Department of the Attorney General or Special Constable.
5.5
No person shall allow the motor or Internal Combustion Engine (diesel or
other type) on a Vehicle, Motor Vehicle, Motorcycle or Truck Tractor to
remain running or idling for longer than 20 minutes while it is not in motion in
any residential district so as to contravene Section 4 of this bylaw.
6.
CONSTRUCTION HOURS
6.1
No person in the Town shall on any calendar day except Sundays and
statutory holidays before 7:00 AM or after 10:00 PM, construct, erect,
reconstruct, alter, repair, demolish any building, structure, or thing or
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excavate or fill in land in any manner which disturbs the quiet, peace, rest,
enjoyment, comfort, or convenience of the neighborhood or of the person in
the vicinity.
6.2
No person in the Village of Heisler shall on any Sunday or Statutory holiday
before 10:00 AM or after 9:00 PM construct, erect, reconstruct, alter, repair or
demolish any building, structure, or thing or excavate or fill in land in any
manner which disturbs the quiet, peace, rest, enjoyment, comfort, or
convenience of the neighborhood or of the persons in the vicinity.
6.3
Where it is impossible for impractical to comply with this section, the Village
Manager may give written approval to carry on the work that is found to be
necessary at designated hours.
Responsibility for obtaining written approval lies with the person carrying on
the work.
7.
EXCEPTIONS AND ALLOWANCES
7.1
The provisions of this bylaw do not apply to employees or agents of the
Village carrying out work defined as:
7.1.1 Essential roadway maintenance required to ensure the safe passage
of motor vehicles and pedestrians, including but not limited to, snow
clearing, snow removal, sanding and street sweeping.
7.1.2 Any emergency response required to ensure the continual provision of
vital and essential public services provided by
7.1.2.1
a Village Department, or
7.1.2.2
Ankerton Gas Utilities, Telus, Atco Electric, or
7.1.2.3
a contractor working for the Village of Heisler, Ankerton Gas
Utilities, Telus, Atco Electric, or
7.1.2.4
as authorized by the Village of Heisler
7.2
Village of Heisler sanctioned activities are not subject to the provisions of this
bylaw. Such activities could include, but are not limited to, cultural or
recreational functions.
7.3
Notwithstanding any other provisions in the bylaw, Village Council may, at
their discretion, issue a permit by way of exemption to the noise bylaw to any
person or organization for the purpose of allowing noise within a designated
area and between designated times. Such permit shall specify
7.3.1
the name of the person or organization being granted the permit, and
7.3.2
the type of device being permitted, and
7.3.3
the period of time for which the permit is valid, and
7.3.4 any other conditions pertinent to the use of such device, having
regard to the public order and peace.
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8.
RIGHT TO INSPECT
8.1
A designated officer may enter any property in the Village of Heisler in order
to carry out an inspection, enforcement or other action required or
authorized by this bylaw, the Municipal Government Act, or any other
statute.
9.
PENALTIES
9.1
Upon complaint by any person of unreasonable noise, a bylaw enforcement
officer may, in addition to issuing any warning, or violation, or laying any
information with respect to an alleged breach of this bylaw, order the
occupant or any other person found therein to forthwith cease causing such
noise or refrain from continuing said noise.
9.2
Offences
9.2.1
First offence
$250.00
9.2.2
Second offence
$500.00
9.2.3
Third offence
$750.00
10.
MISCELLANEOUS
10.1 Any person is guilty of an offence if he or she:
10.1.1
Fails to provide identification to a Peace Officer upon request while
that Peace Officer his investigating any contravention of this Bylaw;
10.1.2
Provide false or misleading information to any Peace Office;
10.1.3
Interferes with or attempts to obstruct a Peace Office who is
investigating any contravention of this Bylaw.
Definitions in this bylaw shall apply to all words written whether capitalized or not.
11.
PAST & CURRENT BYLAWS
With the passing of this bylaw, Bylaw 329-07 is hereby repealed.
EFFECTIVE DATE: This Bylaw shall come into effect on the 21 St. day of August, 2025
READ a first time this 21 St. day of August, 2025
READ a second time this 21 St. day of August, 2025
READ a third time and finally passed this 21 St. day of August, 2025
Mayor
CAO
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