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## TOWN OF MCLENNAN PROVINCE OF ALBERTA
## BY - LAW 2006-08
BEING A BYLAW OF THE TOWN OF MCLENNAN IN THE PROVINCE OF ALBERTA FOR THE PURPOSE OF PROHIBITING, ELIMINATING OR ABATING NOISE
WHEREAS, the Municipal Government Act, S.A. 2000, c.M-26.1 and amendments thereto, of the Municipal Government Act provides that the Council of a town may pass by-laws for the purpose of prohibiting, eliminating or abating noise, and establishing 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 Town of McLennan, duly assembled hereby enacts as follows:
## 1. SHORT TITLE
This by-law may be cited as "The Noise By-Law"
## 2. DEFINITIONS
- 2.1 "Commissioner" shall mean the Commissioner of the Town of McLennan and any one acting or authorized by the Commissioner to act on his behalf.
- 2.2 "Commercial District" means those areas of the Town of McLennan classified as being Commercial districts under the Land Use ByLaw and includes C-1 General Commercial, C-H Highway Commercial, and those areas under direct control which have designated commercial under any Area Structure Plans.
- 2.3 "Holiday" means any day declared as such by Municipal, Provincial or Federal authority and includes Sundays.
- 2.4 " Industrial District" means those areas of the Town of McLennan classified as being industrial districts under the Land Use By-Law and includes M-1 General Industrial and those areas under direct control which have designated industrial under any Area Structure
- 2.5 "Land Use By-Law" means By-Law No. 94-02, the Land Use ByLaw of the Town of McLennan, Alberta as amended from time to time and includes any By-Law passed in substitution for or in addition to By-Law 94-02.
- 2.6 "Residential Dwelling" means a building which is constructed as a dwelling for human beings and includes a hotel or motel;
- 2.7 "Residential District" means those areas of the Town of McLennan classified as being residential districts under the Land Use By-Law and includes R-1 Single Family Residential, R-2 General Residential, R-3 Unserviced Residential, R-MHS Residential Mobile Home Subdivision.
- 2.8 "Signaling Device" means a horn, gong, bell, claxon or other device producing an audible sound for the purpose of drawing a person's attention to an approaching vehicle, including a bicycle.
- 2.9 "Town" means Town of McLennan or the area contained within the boundaries of the Town.
- 2.10 "Weekday" means any day other than a Sunday or holiday.
## 3. GENERAL PROHIBITION
3. 1 Except to the extent allowed by this By-Law, no person shall make, continue, 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 Town.
2. 3.2 What constitutes a loud noise, an unnecessary noise, and 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
3. 3.3 Where an activity is not specifically prohibited or restricted by any provision of any legislation of Canada or the Province of Alberta or by this by-law involves making a sound, which
4. (a) is or may be or may become; or
5. (b) creates or produces or may create to 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 sound as practicable under the circumstances.
## 4. MOTOR VEHICLE NOISE
- 4.1 The failure of a person to comply within the Town of McLennan with the following provision of The Highway Traffic Act, 2000
- (a) The prohibition against the use of signaling devices on motor vehicles, motor-cycles, or bicycles so as to make more noise than is reasonable necessary for the purposes of giving notice or warning to other persons on the highway, as set out in subsection of section 45.
- (b) The restrictions on the type or use of mufflers and similar equipment on motor vehicles, as set out in section 46.
- (c) The prohibition against equipping a vehicle other than those specified with a siren, as set out in section 59.
Constitutes a violation of this By-Law in addition to and not in substitution for the offence under The Highway Traffic Act, 2000.
- 4.2 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 the By-Law in addition to and not in substitution for any offence of which he may be guilty under Section 135 of the Highway Traffic Act, 2000.
- 4.3 Subsection (4.2) does not apply to work on a Town Street on a public utility carried on by:
- (a) Town of McLennan Public Works Department
- (b) ATCO Gas, ATCO Electric, or Telus
- (C) A contractor working for the Town of McLennan, ATCO Gas, ATCO Electric or Telus.
- 4.4 Where a vehicle is equipped with a siren under Section 59 of the Highway Traffic Act, 2000 the driver thereof shall only use the siren
- (a) when the vehicle is proceeding in response to an emergency call or
- (b) at any other time permitted under the Highway Traffic Act, 2000 and
- (c) only when such use is necessary for the purpose set out in Clause (a) and (b) of this section.
- 4.5 Subsection (4.4) does not apply to the use of a siren on a vehicle operated by a member of the Royal Canadian Mounted Police, an inspector of the inspection service branch of the Department of Attorney General or a Special Constable.
## 5. COMMERCIAL AND INDUSTRIAL NOISES
- 5.1 Notwithstanding any other provision of this By-Law, where an open area is provided for parking of patrons in connection with the operation of a retail store or grounds of retail stores, the owner or person in charge of the parking area, making no more noise than is reasonably necessary in connection therewith, may use a machinery for clearing snow or debris from that area during such hours as is necessary or expedient to keep that area clear of snow and debris.
- 5.2 No person shall advertise any event or merchandise by ringing bells, calling loud playing any type of musical instrument or by any other audible means in any part of the town other than an area classified as commercial.
- 5.3 Notwithstanding any other provisions of this bylaw and whether or not the noise resulting therefrom may be heard is an adjoining area which is classified other than as an industrial district nothing in this by-law shall prevent the continual operation or carrying on of an industrial activity or the performance or carrying on thereof 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 an industrial district where the activity is one which
- (a) is permitted use in the district in which it is carried on or is a conditional use for which the required permission has been given;
- (b) is a non-conforming use and as the same is defined in the Land Use By-Law 94-02 for the district in which the use is being carried on.
## 6. DOMESTIC NOISES
6.1 No person shall operate:
- (a) a power or hand lawn mower;
- (b) a model aircraft driven by an internal combustion engine of any description;
- (C) a snow clearing device powered by an engine of any type;
in a residential zone between the hours of:
- (a) Ten o'clock in the evening and eight o'clock in the forenoon of the next day which is a weekday; or
- (b) Ten o'clock in the evening and nine o'clock in the forenoon of the next day which is a Sunday or holiday.
- 6.2 A person who owns, keeps, houses, harbors, 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 by-law.
## 7. CONSTRUCTION NOISES
- 7.1 Unless permission from the Development Control Officer or his designated appointee is first obtained, 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 in any industrial district after the hour of ten o'clock in the evening and before the hour of seven o'clock in the forenoon of the next day.
- 7.2 Subsection (7.1) does not apply to any work carried on by the Town of McLennan or by a contractor carrying out the instructions of the town.
- 7.3 Unless permission from the Development Control Officer or his designated appointee is first obtained, no person shall operate or allow to be operated:
- (a) a riveting machine
- (b) a concrete mixer
- (c) a gravel crusher
- (d) a steam shovel
- (e) a trenching machine
- (f) a drag line
- (g) an air or steam compressor, jack hammer or pneumatic drill;
- (h) a tractor, back hoe or bulldozer;
- (i) 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 forenoon of the next day.
- 7.4 Subsection (7.3) does not apply to the work of an exigent nature being carried on by the Town of McLennan Public Works Department, ATCO Gas, ATCO Electric or Telus.
## PENALTIES
A person who contravenes any provision of this By-Law is guilty of an offence and 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 cost or committal are sooner paid.
READ a first time this 14* day of November A.D., 2006
READ a second time this 14" day of November A.D., 2006
READ a third time and finally passed this 14* day of November A.D., 2006.
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MAY Fanace
Jammy Chanis
SECRETARY - TREASURER