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## A BYLAW OF THE SUMMER VILLAGE OF NAKAMUN PARK, 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 M26, section 7 (a) (b) and (i), 8 (a) (b) 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 (1) (g) 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 under the Authority of the Municipal Government Act RSA 2000 Chapter M-26, section 8 (a) (b) authorizes the Council of the Summer Village of Nakamun Park to prepare Bylaw restricting, mitigating and abating activities which give rise to unnecessary noise in the Village, especially during hours normally used for sleeping;
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 Nakamun Park in the Province of Alberta duly assembled, enacts as follows:
## TITLE
1. This Bylaw may be cited as the "Noise Bylaw."
## DEFINITIONS
2. In this Bylaw:
2. 2.1) "Bylaw Enforcement Officer" means a Bylaw Enforcement Officer appointed by the Village pursuant to the Municipal Government Act, to enforce the Village's Bylaws, and includes a Community Peace Officer, a member of the Royal Canadian Mounted Police and, when authorized, a
- 2.2) "Construction Equipment" shall include but not necessarily be limited to a riveting machine, concrete mixer, gravel crusher, steam shovel, 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;
- 2.3) "Land Use Bylaw" means the Land Use Bylaw #2007-3 or new # of the Summer Village of Nakamun, as amended from time to time or any Bylaw passed in substitution for or in addition to Bylaw #2007-3 or new #;
- 2.4) "Motor Vehicle" means Motor Vehicle as defined in the Traffic Safety Act RSA 2000 T06 as amended;
- 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 T06, as amended Part 6;
- 2.7) "Person" includes an individual, partnership, corporation, trustee, executor or manager;
- 2.8) 1, gong, bell, klaxon or other devic roducing an audible sound for the purpose of drawing a person's attention to an approaching vehicle, including a bicycle;
- 2.9) "Village" means the Summer Village of Nakamun Park or the area contained within the boundaries of the Summer Village of Nakamun Park;
- 2.10) "Violation Tag" means a ticket or similar document issued by the Village pursuant to the Municipal Government Act RSA 2000-M26, as amended;
- 2.11) "Violation Ticket" means a ticket issued pursuant to the Provincial Offenses Procedures Act, as amended and Regulations thereunder.
## VIOLATIONS:
3. In this Bylaw:
2. 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 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;
- 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.
## DOMESTIC NOISES:
4. No person shall operate any powered equipment, including lawnmowers, snow blowers, garden tillers, chainsaws and built-in vacuum cleaners that are vented to the outside in a residential zone between the hours of eleven o'clock (11:00pm) in the evening and half past seven o'clock (7:30am) in the morning of the next day.
## CONSTRUCTION NOISES:
5. 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:
2. (a) the noise is generated pursuant to work done in the normal manner to that industry;
3. (b) the noise is generated between half past seven o'clock (7:30am) in the morning and eleven o'clock (11:00pm) in the evening of that same day.
- (c) 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.
## PENALTIES
- 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.
## VIOLATION TAGS
- 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) , Violation Tag may be issued to such person either personally, or by mailing opy 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 Municipal Administrator and shall state:
- 7.3.1 the name of the person;
- 7.3.3 the appropriate penalty for the offence being the minimum penalty prescribed by this Bylaw;
- 7.3.2 the offence;
- 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 Municipal Administrator.
- 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.
- 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 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.
## VIOLATION TICKET
- 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.
## SEVERABILITY PROVISION
- Should any provision of this Bylaw be invalid, then such provision shall be severed and the remaining Bylaw shall be maintained.
## RESCINDING
- This bylaw is a new bylaw and does not rescind, in whole or in part, any other lawfully passed bylaw within the Summer Village of Nakamun Park in full force or effect prior to the adoption of this bylaw.
## COMING INTO FORCE
- This bylaw shall become effective when it has received third and final reading and has been signed by the Mayor and Chief Administrative Officer.
READ a first time this 19th day of February 2020.
UNANIMOUS CONSENT to proceed to third reading 19th day of February 2020.
READ a second time this 19th day of February 2020.
READ a third and final time this 19th day of February 2020.
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SIGNED this
19th
day of Felmuny. 2020
ansse
Mayor, Marge Hanssen
C.A.O., Dwight Moskalyk
## Penalties:
BYLAW NO. 2020-4 SUMMER VILLAGE OF NAKAMUN PARK Municipal Government Act RSA 2000 Chapter M-26 Part 2 Section 7 (a) & (i) Traffic Safety Act RSA 2000 T-06 Part 1 Division 3 and Part 6
## SUMMER VILLAGE OF NAKAMUN PARK BYLAW 2020-4
## SCHEDULE "A" FINES
Any owner of a parcel of land which contravenes this Bylaw is guilty of an offence and liable on conviction:
- 6.1 First Offence
Second Offence
Third and subsequent offences
$100.00
$250.00
$500.00
- 7.2 First Offence
Second Offence
Third and subsequent offences
$100.00
$250.00
$500.00