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BYLAW NO. 02-20
SUMMER VILLAGE OF MEWATHA BEACH
Page 1 of 6
BYLAW 02-20
A BYLAW OF THE SUMMER VILLAGE OF MEWATHA BEACH, IN THE PROVINCE OF ALBERTA, FOR
MATTERS RELATED TO THE
CONTROL OF NOISE BY PROHIBITING, ELIMINATING OR ABATEMENT
WHEREAS under the Authority of the Municipal Government Act RSA 2000 Chapter M-26, sections 7
and 8 authorizes Council to pass bylaws respecting safety, health, welfare and the protection of
people and property;
AND WHEREAS the Traffic Safety Act R.S.A. 2000 T-06, as amended, Part 1 Division 3 Section 13
provides that the Council of a Municipality may make Bylaws defining what constitutes
objectionable noise, devising a system or method of determining or measuring that noise, and
prohibiting the operation of Motor Vehicles which in any manner make objectionable noise;
AND WHEREAS the intent of this Bylaw is that all noise shall be reduced as far as possible to be
compatible with the normal activities of urban life while recognizing the recreational nature of the
municipality, and that unnecessary noise be eliminated.
NOW, THEREFORE, the Council of the Summer Village of Mewatha Beach in the Province of Alberta
duly assembled, enacts as follows:
1.0 TITLE
1.1
This Bylaw may be cited as "The Noise Bylaw."
2.0 DEFINITIONS
In this Bylaw:
2.1
"Bylaw Enforcement Officer" means a Bylaw Enforcement Officer appointed by the Summer
Village pursuant to the Municipal Government Act, to enforce the Summer Village's Bylaws,
and includes a member of the Royal Canadian Mounted Police and, when authorized, a
Special Constable;
2.2
"Chief Administrative Officer" means the Chief Administrative Officer for the Summer
Village of Mewatha Beach;
2.3
"Construction Equipment" shall include but not necessarily be limited to a riveting machine,
concrete mixer, gravel crusher, earth moving equipment, dragline, backhoe, air or steam
compressor, jackhammer or pneumatic drill, tractor, bulldozer, front-end loader, motor
scraper, motor grader or any other tool, device, or machine of a noisy nature;
2.4
"Motor Vehicle" means Motor Vehicle as defined in the Traffic Safety Act RSA 2000 T-06 as
amended;
BYLAW NO. 02-20
SUMMER VILLAGE OF MEWATHA BEACH
Page 2 of 6
2.5 "Noise" means any sound which is, or is considered to be sharp or piercing; or shrill; or
explosive; or unnecessarily loud; or persistent and/or annoying, but shall not include a sound
intended to warn persons of danger or emergencies;
2.6
"Off-Highway Vehicle" means an Off-Highway Vehicle as defined in the Traffic Safety Act,
R.S.A. 2000 T-06, as amended Part 6;
2.7
"Person" includes an individual, partnership, corporation, trustee, executor or manager;
2.8
"Signaling Device" means a horn, gong, bell, klaxon 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
"Summer Village" means the Summer Village of Mewatha Beach;
2.10 "Violation Tag" means a ticket or similar document issued by the Summer Village pursuant
to the Municipal Government Act RSA 2000 M-26, as amended;
2.11 "Violation Ticket" means a ticket issued pursuant to the Provincial Offenses Procedures Act,
as amended and Regulations thereunder.
3.0 VIOLATIONS:
3.1
Except to the extent allowed under this Bylaw, no person shall cause or permit any other
person to cause a noise within the Summer Village;
3.2
No Person shall allow property under their ownership or control to be used in such a way
that there is noise originating from the property.
3.3
A Bylaw Enforcement Officer may direct any person who has caused or made a noise, or any
person who owns or controls property from which noise has originated, to abate or
eliminate the noise. Such a direction may be either verbal or written.
3.4
Where an activity which is not specifically prohibited by any federal, provincial or municipal
laws or regulations, including this Bylaw and which involves creating or making a sound
which:
3.4.1. is or may become;
3.4.2. creates or produces or may create or produce a Noise;
BYLAW NO. 02-20
SUMMER VILLAGE OF MEWATHA BEACH
Page 3 of 6
a person engaging in such an activity shall do so in such a manner as to create as little sound
as practicable under the circumstances.
4.0 DOMESTIC NOISES:
4.1
No person shall operate any powered equipment, including lawnmowers, snow blowers, and
garden tillers in a residential zone between the hours of eleven o'clock in the evening and
seven o'clock in the morning of the next day
5.0 CONSTRUCTION NOISES:
5.1
Persons owning or controlling Construction Equipment, and Persons owning or
controlling land on which Construction Equipment is being operated shall be exempt from
the provisions of this Bylaw if:
5.1.1 the noise is generated pursuant to work done in the normal manner to that industry;
5.1.2 the noise is generated between the hours of 7:00 a.m. and 9:00 p.m.
5.1.3 all necessary federal, provincial and municipal permits, licenses and approvals have
been obtained and the work is not contrary to any federal, provincial or municipal laws
or regulations.
6.0 PENALTIES
6.1
A person who disobeys a direction pursuant to Section 3.3 above is guilty of an offence and
is liable to a penalty in the amount stated in Schedule "A" of this bylaw.
6.2
Any person who contravenes any provision of this Bylaw other than disobedience of a
direction is guilty of an offence and is liable to a penalty stated in Schedule "A" of this bylaw.
6.3
Under no circumstances shall any person contravening any provision of this Bylaw be subject
to the penalty of imprisonment.
7.0 VIOLATION TAGS
7.1
A Bylaw Enforcement Officer is hereby authorized and empowered to issue a Violation Tag
to any person who the Bylaw Enforcement officer has reasonable and probable grounds to
believe has contravened any provision of this Bylaw.
7.2
A Violation Tag may be issued to such person either personally, or by mailing a copy to such
Person at his or her last know post office address.
7.3
The Violation tag shall be in a form approved by the Chief Administrative Officer and shall
state:
BYLAW NO. 02-20
SUMMER VILLAGE OF MEWATHA BEACH
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7.3.1 the name of the person;
7.3.2 the offence;
7.3.3 the appropriate penalty for the offence being the minimum penalty prescribed by this
Bylaw;
7.3.4 that the penalty shall be paid within thirty (30) days of the issuance of the Violation
Tag:
7.3.5 any other information as may be required by the Chief Administrative Officer.
7.4
Where a contravention of this Bylaw is of a continuing nature, further Violation Tags may be
issued by the Bylaw Enforcement Officer, provided that no more than one Violation Tag shall
be issued for each day that the contravention continues.
7.5
Where a Violation Tag is issued pursuant to this Bylaw, the Person to whom the Violation
Tag is issued, may in lieu of being prosecuted for the offence, pay to the Summer Village the
penalty specified in the Violation Tag.
7.6
Nothing in this Bylaw shall prevent a Bylaw Enforcement officer from
immediately issuing a Violation Ticket.
8.0 VIOLATION TICKET
8.1
If the penalty specified on a Violation Tag is not paid within the prescribed time period, then
a Bylaw Enforcement Officer, is hereby authorized and empowered to issue a Violation
Ticket pursuant to the Provincial Offenses Procedures Act.
9.0 SEVERABILITY PROVISION
9.1
If any section or sections of this Bylaw or parts thereof are found in any court or law to be
illegal or beyond the power of Council to enact, such Section or Sections or parts thereof
shall be deemed to be severable and all other Sections or parts of the Bylaw shall be deemed
separate and independent therefrom and to be enacted as such.
10.0 RESCINDING
10.1
The Summer Village does not currently have a bylaw to rescind.
11. COMING INTO FORCE
11.1
This bylaw shall become effective when it has received third and final reading and has been
signed by the Mayor and the Chief Administrative Officer.
BYLAW NO. 02-20
SUMMER VILLAGE OF MEWATHA BEACH
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READ a first time this 21st day of August 2020.
READ a second time this 21st day of August 2020.
READ a third and final time this 19th day of February 2021.
SIGNED this 19th day of Febuary 2021.
____________________________
Mayor,
____________________________
C.A.O.,
BYLAW NO. 02-20
SUMMER VILLAGE OF MEWATHA BEACH
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SUMMER VILLAGE OF MEWATHA BEACH
BY-LAW 02-20
SCHEDULE "A"
Penalties:
Any owner of a parcel of land which contravenes this Bylaw is guilty of an offence and liable on
conviction:
6.1 First Offence
$100.00
Second Offence
$250.00
Third and subsequent offences
$500.00
7.2 First Offence
$100.00
Second Offence
$250.00
Third and subsequent offences
$500.00