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VILLAGE OF ROSALIND
BY-LAW NO. 203-03
2003
BEING A BY-LAW TO PREVENT AND COMPEL THE ABATEMENT OF ACTIVITIES CREATING NOISE
IN THE VILLAGE OF ROSALIND, IN THE PROVINCE OF ALBERTA
WHEREAS
Section 160 of the Municipal Government Act provides that the Council
of a Municipality 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 Village of Rosalind, In the Province of Alberta duly
assembled enacts as follows.
1. Citation
This By-law may be cited as "The Noise By-Law"
2. Definitions
Wherever in this By-Law the following terms are used, they shall have
the meanings respectively ascribed to them in this section.
(a) "Bicycle" means, a cycle propelled by human power on which
a persons 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 continually operable to propel it,
iii. weighs not more than 35 kilograms,
iv. has a motor that produces no more than 750 watts and
that is driven by electricity or has an engine displacement
of not more than 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, and
vi. Does not have sufficient power to enable it to attain a
speed greater than 35 kilometres per hour on level ground
with a distance of 2 kilometers from a standing start.
(b) "Council" means the Village of Rosalind Municipal Council.
(c) "Motorcycle" means a motor vehicle mounted on two or
three wheels and includes those motor vehicle known to
the trade as motorcycles and scooters but does not
include an off-highway vehicle as defined in the Off-
Highway Vehicles Act
(d) "Motor Vehicle" means
i. a vehicle propelled by any power others 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:
(e) "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 patrol officer of the Department of the Solicitor General.
(f) "Truck" means a vehicle designed primarily for the
transportation of property or equipment but does not include
a chassis cab, crawler mounted vehicle, trailer, machinery or
equipment used in the construction or maintenance of
highways or an off-highway vehicle as defined by the Off-
Highway Vehicles Act.
(g) "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.
(h) "Vehicle" means a device in, on or by which a person or thing
may be transported or drawn on a highway.
i. "Village" means the corporation of the Village of Rosalind.
3. General Prohibition
(a) Except to the extent it is 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
whatsoever which either annoys, disturbs, injures, endangers,
or detracts from the comfort, repose, health, peace or safety
of other persons within the limits of the Village.
(b) What is 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 for a court which hears a prosecution of an
offence against this By-law.
(c) Where an activity which is not specifically prohibited or
restricted by any legislation or regulations of Canada or of the
Province of Alberta or by any provision of this By-law involves
creating or making a sound which:
i. is or may become, or
ii. 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 others, a
person engaging in such an activity shall do so in such a
manner as to create as little of such sound as practicable
under the circumstances.
4. Abatement of Noise
(a) No person shall within the corporate limits of the Village
make, or cause to be made any unnecessary or unusual 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.
(b) No person shall make or cause to be made any unnecessary
noise likely to disturb other persons in the neighborhood
BETWEEN THE HOURS OF 12:00 A.M. AND 7:00 A.M. DURING
THE WEEK OR BETWEEN 12:00 A.M. SATURDAY AND 9:00 A.M.
ON SUNDAY.
(c) Where a peace officer is of the opinion that a particular noise
is such that it is prohibited by this By-law, the peace officer is
hereby authorized to enter any land, or buildings, or premises
and such peace officer may order the owner or occupant
thereof to remedy any condition which is in the opinion of the
peace officer a contravention of this 'By-law.
(d) The peace officer who has reasonable and probable grounds
to believe an offence is being committed contrary to this By-
law may enter into or upon any property, as aforesaid, and
may seize any noise making articles, items, equipment or any
other things which, in his opinion, have or may have been
used in the contravention of this By-law.
5. Motor Vehicle Noise
(a) The failure of a person to comply with the Village with the
following provisions of The Highway Traffic Act.
i. 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 Section 45;
ii. The restrictions on the type or use of mufflers and similar
equipment on motor vehicles and other internal
combustion engines as set out in Section 46; and
iii. The prohibition against equipping a vehicle other than
those specified with a siren as set out in Section 45 and
Section 59; shall constitute a violation of this By-law in
addition to and not in substitution for the offence created
by The Highway Traffic Act.
(b) 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 unduly disturb the residents of the street in the
Residential District in which he is operating the vehicle he shall
be guilty of an offence under this By-law in addition to and not
in substitution for any offence of which he may be guilty
against the provisions of Section 13 of The Highway Traffic
Act.
(c) Where a vehicle is allowed by the provisions of Section 59 of
The Highway Traffic Act 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 and at such other
times as is allowed by The Highway Traffic Act and at such
times shall only use the siren when it is necessary for the
purpose for which the siren is allowed to be used.
(d) Nothing in subsection (c) shall prohibit or restrict the use of a
siren on a vehicle operated by a member of the Royal
Canadian Mounted Police, An inspector of the Motor
Transportation and Utilities Branch of the Department of the
Attorney General or a Special Constable.
(e) No person shall allow the motor (diesel or other type) on a
truck or a truck tractor to remain running for loner than
twenty minutes while the truck or truck tractor is not in
motion in any Residential District or in any other location
within one-hundred fifty meters of a Residential District.
(f) The provisions of subsection (b) do not apply to work on a
Village street or on a public utility carried on by
i. A Village Department
ii. Atco Electric, or Telus, or Ankerton Gas
iii. A contractor working for the Village, for Atco or for Telus
or for Ankerton Gas.
6. Right in Inspect
(a) Any persons thereunto authorized by the Council may enter
any land, building, or premises to inspect for conditions that
may constitute a nuisance or contravene or fall or come within
the terms of this By-law.
7. Penalties
(a) Any person who contravenes any provision of this By-law
either by doing something which he is prohibited from or
failing to do something which he is required to do so, is guilty
of an offence punishable on summary conviction and is liable.
i. for a first offence, a fine of $500.00 or in default of
payment of the fine and cost, to imprisonment for six
months
ii. for a second or subsequent offence, to a fine of
$1000.00 or in default of payment of the fine and cost, to
imprisonment for six months.
THIS BY-LAW to become effective on the day of the final passing thereof.
READ A FIRST TIME IN COUNCIL THIS 14th DAY OF August, 2003.
READ A SECOND AND THIRD TIME IN COUNCIL AND FINALLY PASSED THIS 15th DAY OF
September, 2003.
_________________________
_______________________
Mayor
Municipal Administrator