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unofficial consolidation, the official version is held by the municipal clerk.
i) "Signaling Device" means a horn, gong, bell, or other device producing an audible sound for the purpose of drawing a persons' attention to an the Land Use Bylaw;
- h) "Commercial Zone" includes a zone defined as General Commercial (C-1), in
g) "Residential Zone" includes a zone defined as General Residential (R-1), in the Land Use Bylaw;
human beings.
f) "Residential Building" means a building which is constructed as a dwelling for e) "Peace Officer" means the Person(s) so appointed as the Peace Officer, or Bylaw Officer by Council, or any member of the Police Service in the jurisdiction;
- d) "Industrial Zone" includes a zone defined as Industrial in the Land Use Bylaw;
c) "Chief Administrative" Officer or "CAO" means the Chief Administrative Officer of the Village appointed by Council in accordance with the provisions of the Municipal Government Act, R.S.A. 2000, Chapter M-26;
(Alberta):
- b) "Holiday" means any statutory holiday as defined in the Interpretation Act
a) "Village" means the Municipality of the Village of Hill Spring or the area contained within the boundaries of the Village as the context requires
2) DEFINITIONS - In this bylaw
1) This bylaw may be cited as "The Noise Bylaw".
as follows:
- NOW THEREFORE the Council of the Village of Hill Spring duly assembled, enacts
AND WHEREAS, pursuant to section 7 of the Municipal Government Act, R.S.A. 200, c. VI-26 and amendments thereto, a council of a municipality may pass bylaws for the municipal purposes respecting the safety, health and welfare of people and the protection of people and property; activities and things in, on or near a public place that is open to the public; nuisances and the enforcement of bylaws.
WHEREAS pursuant to section 3 of the Municipal Government Act, R.S.A. 2000, c. M26 and amendments thereto, the purposes of a municipality are to develop and maintain BEING A BYLAW OF THE VILLAGE OF HILL SPRING TO PROHIBIT CERTAIN ACTIVITIES CREATING NOISE AND TO ABATE THE INCIDENCE OF NOISE AND RESTRICT THE HOURS WHEN CERTAIN SOUNDS MAY BE MADE.
## VILLAGE OF HILL SPRING NOISE BY-LAW 2024-325
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 is or may be or may become; or II) creates or produces or may create or produce;
a sound, which;
c) 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 b) What constitutes a loud noise, an unnecessary noise, an unusual noise or a noise which annoys, disturbs, injures, or endangers the comfort, repose, health, peace or safety of others is a question of fact to be determined by the Court which hears the prosecution of an offence against this bylaw.
the limits of the Village.
detracts from the comfort, repose, health, peace or safety of other persons within unusual noise or any noise which annoys, disturbs, injures, endangers, or make or cause or allow to be made or continued any loud, unnecessary or a) Except to the extent allowed under this bylaw, no person shall make, continue to
## 4) GENERALPROHIBITION
instead of issuing a violation ticket.
To issue violation tickets in accordance with the Provincial Offences Procedure Act, RS.A 2000, c. P-34, or by laying an information iv)
To direct any person who has caused or made a noise, or any occupant of property from which a noise originates to abate or eliminate the Noise.
iii)
To administer this Bylaw and as far as practicable, see that all persons within the Village conform to its provisions, and to prosecute any person who fails to comply with those provisions.
ії)
To ascertain as far as possible that all information or complaints in respect to Noise are true in fact and substance.
required.
To receive and respond to complaints of noise within the Village, or to assist the local policing authority with respect to noise complaints as b) The powers and duties of the Peace Officer are as follows:
a) The Peace Officer by virtue of his/her office is the officer responsible to control noise within the Village.
3) POWERS AND DUTIES OF PEACE OFFICER
k) "Land Use Bylaw" means Bylaw No. 107-277, the Land Use Bylaw of the Village of or in addition to Bylaw 107-277.
j) "Weekday" means any day other than a Sunday or a holiday;
approaching vehicle, including a bicycle;
## a) No person shall operate;
## 6) DOMESTIC NOISES
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, or a Peace Officer.
d) Where a vehicle is equipped with a siren under Section 77, of the Vehicle Safety Act; Vehicle Equipment Regulations, the driver thereof shall only use the siren when the vehicle is proceeding in response to an emergency call Person's employment;
ii) A Person operating an Emergency Vehicle in the normal course of the i) A Person acting in the normal course of that Person's employment as a Village Employee (or as an agent under contract by the Village); or c) Subsection (b) does not apply to work on a Village street or on a public utility carried on by Act.
b) Where a person operates a vehicle of any type on a street in a Residential zone at any time in such a way as to 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 under Section 13(1)(g) iiii) of the Traffic Safety constitutes a violation of this by-law in addition to and not in substitution for the offence under Traffic Safety Act and Regulations.
Ill) The prohibition against equipping a vehicle other than those specified with a siren, as set out in section 77 of the Traffic Safety Act Vehicle Equipment Regulation;
Il) Ihe restrictions on the type or use of muttlers and similar equipment on motor vehicles, as set out in 61(1) of the Traffic Safety Act; Vehicle Equipment Regulation;
The prohibition against the use of signaling 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, as set out in subsection (2) of Section 83 of the Traffic Safety Act; Use of Highway and Rules of Road Regulation;
a) The failure of a person to comply within the Village with the following provisions of Traffic Safety Act and Regulations;
## 5) MOTOR VEHICLE NOISES
a manner creating as little sound as practicable under the circumstances.
10) This bylaw shall come into effect upon third and final reading thereof.
liable on summary conviction to a fine not exceeding $500.00 or in default of
payment of the fine and costs to imprisonment for a period not exceeding thirty days or until such fine and costs, including costs of committal, are sooner paid.
9) A person who contravenes any provision of this Bylaw is guilty of an offence and minimum fine of $500.00.
$300.00; and
c. for any subsequent offences (within 12 months of a previous offence), a liable, on summary conviction, to a penalty of:
a. For a first offence, a minimum fine of $100.00;
b. For a second offence (within 12 months of a first offence), a minimum fine of
8) Any person who contravenes any provision of this Bylaw is guilty of an offence and Section (4) does not apply to the work of an exigent nature being carried on by the Village, Utility Company, or outside contractor acting on the Village's behalf.
g. any other tool, device or machine of a noisy nature; so as to create a noise, confusion or disturbance which may be heard in a residential building between the hours of ten o'clock in the evening and seven o'clock in the morning of the a tractor or bulldozer; or e. jack hammer or pneumatic drill;
a gravel crusher;
d. a trenching machine;
b. a concrete mixer;
a. a riveting machine;
7) Unless written permission from the Village is first obtained, no person shall operate or allow to be operated;
b) A person who owns, keeps, houses, harbours, or allows to stay on his premises an animal which by reason of barking, or howling, disturbs persons in the vicinity of his home is guilty of an offence under this Bylaw.
which is a Sunday or holiday.
(2) ten o'clock in the evening and eight o'clock in the morning of the next day
(1) ten o'clock in the evening and six o'clock in the morning of the next day which is a weekday; or in a Residential Zone between the hours of il) a snow clearing device powered by an engine of any type;
Read a FIRST time this 20th day of August, 2024. Read a SECOND time this 21st day of September, 2024. Read a THIRD time and passed this 17th day of September, 2024.
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