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Village of Ryley
BYLA W NO. 2000-08
BEING A BY-LAW OF THE VILLAGE OF RYLEYIN THE PROVINCE OF
ALBERTA FOR THE PURPOSE OF PROHIBITING, ELIMINATING OR
ABATING NOISE.
WHEREAS, the Municipal Government Act, S.A., 1994, ch M.26.1 as
amended, provides that the Council of a Municipality may pass a By-law for the
purpose of safety, health and welfare of the people and the protection of people
and property;
AND WHEREAS, the Hiahway Traffic Act, R.S.A. ch H-7, as amended,
provides that the Council of a Municipality may make By-laws 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;
NOW THEREFORE, the Council of the Village of Ryley, in the Province of
Alberta, duly assembled, ENACTS AS FOf LOWS:
Section 1 - TITLE
1.
This By-Law may be cited as the Village of Ryley "Noise Control By-Law".
Section 2 - DEFINITIONS
2.1
"By-Law Enforcement Officer" shall mean a By-Law Enforcement Officer
appointed by the Village of Ryley pursuant to the Municipal Government
Act, S.A. 1994, ch M-26.1, as amended, to enforce the Village By-Laws,
-
and includes a member of the Royal Canadian Mounted Police and, when
authorized, a special constable.
2.2
"Chief Administrative Officer1' shall mean as defined in the Municipal
Government Act, S.A. 1994, ch M-26.1, as amended.
2.3
"Construction Equipment" includes a riveting machine, concrete mixer,
gravel crusher, steam shovel, dragline, backhoe, air or steam compressor,
jack-hammer, tractor other than a tractor used in a Farming Operation,
Village of Ryley - Bylaw No. 2000-08 Page 1
1 1/15/00
bulldozer, front-end loader, motor scraper, motor grader or any other tool,
device or machine of noisy nature.
"Construction Noise" means Noise caused by Construction Equipment.
"Council" means the Council of the Village of Ryley.
"Farm Implement" includes any implement equipment engine, tractor,
machine, combine, tractor or attachment used or intended for use in
Farming Operations.
"Farm Land" means land used for Farming Operation but does not include
land less than one acre in area.
Section 2 - DEFINITIONS
"Farming Operations" means:
(a)
the planting, growing and sale of trees, shrubs, or sod;
(b)
the raising, or production, or protection of crops, livestock, fish,
pheasants or poultry; or
(c)
fur production or beekeeping.
"Holiday" means any day declared as such by municipal, Provincial or
Federal authority and includes Sundays.
"Motor Vehicle" means Motor Vehicle as defined the Hiohway Traffic Act
R.S.A., 1980 ch H-7, as amended.
"Noise" means any sound which either annoys or disturbs Person, or
which injures, endangers or detracts from the comfort, repose, health,
peace or safety of Persons within the boundary of the Village.
"Person" includes an individual, partnership, corporation, trustee, executor
or administrator.
"Village" means the Village of Ryley, in the Province of Alberta.
Section 3 - VOILA TIONS
3.1.
Except to the extent permitted by this By-Law, no Person shall cause or
permit any other Person to:
Village of Ryley - Bylaw No, 2000-08 Page 2
1 11 15/00
(a)
cause a Noise with the Village;
b)
operate or permit any other Person to operate within the Village, a
Motor Vehicle that causes a Noise.
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.
A By-Law Enforcement Office 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.
Where an activity which is not specifically prohibited by a federal,
provincial or municipal law or regulations, including this By-Law and which
involve creating or making a sound which:
(a)
is or may become; or
(b)
creates or produces or may cause 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 predictable under the
circumstances.
Section 4 - PERMITS AND NON-APPLICA TION OF BY-LA W
The Chief Administrative Officer may, upon written request, issue a permit
to a Person for the purpose of suspending the provisions of this By-Law
and the permit shall specify the dates and hours during which Noise may
occur.
Any such permit issued shall be produced to a By-Law Enforcement
Officer upon demand.
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 By-Law if:
(a)
The noise is generated pursuant to work done in the normal
manner to that industry:
Village of Ryley - Bylaw No. 2000-08
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(b)
The Noise is generated between the following hours:
7:00 a.m. - 10:OO p.m.
Mondays - Saturday
10:OO a.m. - 10:OO p.m.
Sundays & Statutory Holidays
(c)
All necessary federal, provincial and municipal permits, licenses and
approvals have been obtained and the works is not contrary to any
federal, provincial, or municipal laws or regulations.
4.4
This By-Law does not Apply:
to the performance or work by any person on Farm Land for the
purpose of carrying on a Farming Operation including the operation
of Farm Implement;
to work carried on by the Village or its agents, contractors,
servants or employees, acting with the scope of their agency,
contract or employment, as the case may be; or
to the performance of work by any Person on land zoned as
Industrial District pursuant to the Village's Land Use By-Law 1991-
05, as amended, if:
(I)
the Noise is generated pursuant to work done in the normal
manner to that end; and
(11)
the work is authorized pursuant to the Village's Land Use By-
Law 1991-05, as amended, and does not otherwise
contravene any federal, provincial or municipal laws or
regulations.
to Persons using domestic equipment, including lawnmowers, snow
blower, garden tillers and built-in vacuum cleaners that are vented
to the outside, and Persons owning or controlling property upon
which such equipment is used if:
(I)
the Noise is of a temporary or intermittent nature;
(11)
the equipment is properly maintained and operated in a
normal manner of that type of equipment; and
(111)
the noise occurs between the hours of 7:00 a.m. and 10:OO
p.m.
Village of Ryley - Bylaw No. 2000-08 Page 4
(e)
to Persons using air conditioning and cooling units in either
domestic or commercial use is the units are properly maintained
and are operated in a normal manner.
Section 5 -AUTHORIZATION TO INSPECT
5.1
A By-Law Enforcement Officer may enter any land, building or premises to
inspect for conditions that may constitute a contravention of this By-Law.
Section 6 - PENAL TIES
6.1
Any person who contravenes any provisions of this By-Law is guilty of an
offence and is liable to a penalty in the amount of:
(a)
a minimum of One Hundred Dollars ($100.00) for a first offence;
and
(b)
a minimum of Five Hundred Dollars ($500.00) for a second or
subsequent offence.
6.2
Under no circumstances shall any Person contravening any provision of
this By-Law be subject to the penalty of imprisonment.
Section 7 - VIOLA TION TAGS
7.1
A By-Law Enforcement Officer is hereby authorized and empowered to
issue a Violation Tag to any person who the By-Law Enforcement Officer
has reasonable and probable grounds to believe has contravened any
provision of this By-Law.
7.2
A Violation Tag may be issued to such person:
(a)
either personally, or
(b)
by mailing a copy to such person at his last known post office
address.
7.3
The Violation Tag shall be in a form approved by the Chief Administrative
Officer and shall state:
Village of Ryley - Bylaw No. 2000-08
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(a)
the name of the person;
(b)
the offense;
(c)
the appropriate penalty for the offence as set out in this By-Law;
(d)
that the penalty shall be paid within thirty (30) days of the issuance
of the Violation Tag;
e )
any other information as maybe required.
Where a contravention of this By-Law is of a continuing nature, the By-
Law Enforcement Officer may issue further Violation Tags, 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 By-Law, 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 on the Violation Tag.
Nothing in this By-Law shall prevent a By-Law Enforcement Officer from
immediately issuing a Violation Ticket for the mandatory Court appearance
of any person who contravenes any provision of this By-Law.
Section 8 - VIOLA TION TICKET
8.1
I f the penalty specified on a Violation Tag is not paid within the prescribed
time period then a By-Law Enforcement Officer is hereby authorized and
empowered to issue a Violation Ticket pursuant to Part I1 of the Provincial
Offences Procedure Act, S.A. 1988, Ch P-21-5, as amended, to any person
who the By-Law Enforcement has reasonable grounds to believe has
contravened any provision of this By-Law.
8.2
Notwithstanding Section 7.1 of this By-Law, a By-Law Enforcement Officer
is hereby authorized and empowered to immediately issue a Violation
Ticket pursuant to Part I1 of the Provincial Offences Procedure Act, S.A.
1988, Ch P-21-5, as amended, to any person who the By-Law
Enforcement has reasonable grounds to believe has contravened any
provision of this By-Law.
Village of Ryley - Bylaw No. 2000-08
Page 6
Section 9 - SEVERABILITY PROVISION
9.1
Should a provision of this By-Law be invalid, then such provision shall be
severed and the remaining By-Law shall be maintained.
Section 10 - EFFECTIVE DA TE
10.1 This By-Law shall be effective upon third and final reading.
READ A FIRST TIME THIS
READ A SECOND TIME
READ A THIRD TIME THIS
Mayor Solberg
Administrator Knudslien
Village of Ryley - Bylaw No. 2000-08
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