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SUMMER VILLAGE OF SILVER BEACH
Noise Bylaw
Section 7 Municipal Government Act RSA 2000 Chapter M-26
BYLAW NO. 09-2020
Summer Village of SILVER Beach
Noise Bylaw
Page 1 of 4
A BYLAW OF THE SUMMER VILLAGE OF SILVER BEACH FOR MATTERS
RELATED TO THE CONTROL OF NOISE BY PROHIBITION, ELIMINATION OR
ABATEMENT
WHEREAS, Section 7 and 8 of the MGA (as defined below) authorizes Council (as defined
below) to make bylaws respecting the safety, health and welfare of people and the
protection of people and property; to regulate and prohibit nuisances; and provide for the
enforcement of bylaws;
AND WHEREAS, Section 13(1)(g) of the Traffic Safety Act, R.S.A. 2000, c. T-
06.authorizes Council to make bylaws defining what constitutes objectionable noise
produced in connection with a vehicle and prohibiting the use or operation of a vehicle
where the noise produced in connection with that vehicle is objectionable noise;
AND WHEREAS, the intent of this Bylaw is that all noise produced within the Summer
Village shall be compatible with the normal activities of urban life, while recognizing the
recreational nature of the Summer Village, and that nuisance and objectionable noise shall
be prohibited and eliminated;
NOW, THEREFORE, the Council, duly assembled, enacts as follows:
1.
SHORT TITLE
1.1
This Bylaw shall be known as the "Noise Bylaw."
2.
DEFINITIONS
2.1
Terms not otherwise defined in this Bylaw, shall have the same meanings
as defined in the MGA.
2.2
In this Bylaw:
a) "Bylaw Enforcement Officer" means:
(i) an individual who has been appointed by Council to carry out the duties
of enforcing the Summer Village's Bylaws,
(ii) ad individual who is a community peace officer as defined under the
Peace Officer Act, R.S A., c. P-3.5, or
(iii) an individual who is a member of the Royal Canadian Mounted Police;
b) "Construction Equipment" means any equipment of any type used in
connection with construction activities including, without limitation, a dump
truck, riveting machine, concrete mixer, gravel crusher, steam shovel,
dragline, backhoe, air or steam compressor, jackhammer or pneumatic
SUMMER VILLAGE OF SILVER BEACH
Noise Bylaw
Section 7 Municipal Government Act RSA 2000 Chapter M-26
BYLAW NO. 09-2020
Summer Village of SILVER Beach
Noise Bylaw
Page 2 of 4
drill, tractor, bulldozer, front-end loader, motor scraper, motor grader or
any other tool, device, or machine of a noisy nature;
c) "Council" means the Council of the Summer Village;
d) "Household Equipment" means any equipment or device of any type
used in, on or around any Property including, without limitation,
lawnmowers, trimmers, blowers, tillers, chain saws, snow blowers and
vacuums;
e) "MGA" means the Municipal Government Act, R.S.A. 2000, c. M-26;
f) "Municipal Tag" means a ticket issued by the Summer Village alleging
breach of its Bylaws;
g) "Musical Equipment" means any equipment or device of any type used
to produce music, including without limitation, televisions, stereos,
musical instruments, computers, sound equipment and electronic devices;
h) "Noise" means any sound or noise, including a sound or noise made by
Musical Equipment, which disturbs or could reasonably be expected to
disturb the peace of another individual in the Summer Village and their use
and enjoyment of Property;
i) "Occupant" means a Person, other than an Owner or a User, who
(i) is in possession or control of a Property, or
(ii) has the right to use and occupy a Property,
whether under a lease, tenancy, rental arrangement, easement, license,
agency arrangement or otherwise;
j) "Owner" means a Person who is a registered owner of a Property under
the Land Titles Act, R.S.A. 2000, c. L-4;
k) "Person" means an individual and includes partnership, corporation,
trustee, executor, joint venture, proprietorship, association, society and
any other legal entity;
l) "Property" means any land, buildings, improvements located in the
Summer Village which is
(i) privately owned or
(ii) owned or controlled by the Summer Village
SUMMER VILLAGE OF SILVER BEACH
Noise Bylaw
Section 7 Municipal Government Act RSA 2000 Chapter M-26
BYLAW NO. 09-2020
Summer Village of SILVER Beach
Noise Bylaw
Page 3 of 4
m) "Source" means any source of any type from which any Noise emits or
emanates including, without limitation, any individual, animal, bird, motor
vehicle, watercraft, Construction Equipment, Household Equipment, or
Musical Equipment;
n) "Summer Village" means the Summer Village of Silver Beach; and
o) "User" means a Person, other than an Owner or an Occupant, who has
the right to use or occupy a Property, whether as a guest, relative or
otherwise.
3.
PROHIBITION
3.1
Except as permitted under this Bylaw, no Person shall make, cause or allow
any Noise to be made from any Source in the Summer Village.
3.2
Notwithstanding Section 3.1 above, the following Noises shall be
permitted under this Bylaw:
a) Noises which warn or are intended to warn individuals of danger or
emergencies; and
b) Noises which are made by Household Equipment or Construction
Equipment provided that such Noises are made during the time
period from 8:00 am to 10:00 pm; and
c) Noises which are made by Musical Equipment provided that such
Noises are made during the time period from 11:00 am to 10:00
pm.
4.
FINES AND ENFORCEMENT
4.1
A Person who contravenes any provision of this Bylaw is guilty of an
offence.
4.2
If the contravention of this Bylaw starts before noon and continues past
noon, or starts before midnight and continues past midnight, a person is
guilty of two offences, and shall be guilty of a separate offence in respect
of each half day thereafter.
4.3
A Bylaw Enforcement Officer has the right, in accordance with section 542
of the MGA, to enter onto a Property to inspect and determine if there are
conditions that may contravene any provision of this Bylaw.
SUMMER VILLAGE OF SILVER BEACH
Noise Bylaw
Section 7 Municipal Government Act RSA 2000 Chapter M-26
BYLAW NO. 09-2020
Summer Village of SILVER Beach
Noise Bylaw
Page 4 of 4
4.4
A Bylaw Enforcement Officer may direct any Person who has made or
caused to be made a Noise, which Noise has originated on the Property, to
abate or eliminate the Noise. Such a direction may be either verbal or
written.
4.5
Any Person who is guilty of an offence under this Bylaw is liable for a fine
not less than:
a) $100 for a first offence; and
b) $250 for each subsequent offence.
4.6
With respect to an offence under this Bylaw, a Bylaw Enforcement Officer
may issue a Municipal Tag specifying the amount of the fine established in
accordance with section 4.5 of this Bylaw.
4.7
When a Municipal Tag is issued, the amount of the fine indicated therein
may be paid in accordance with the Municipal Tag in lieu of prosecution.
4.8
Nothing in this Bylaw shall preclude a Bylaw Enforcement Officer from laying
charges under any alternate governing legislation.
5 REPEAL
5.1
This Bylaw shall replace Bylaw No. 08-2020 and Bylaw No. 08-2020
Noise Bylaw is hereby repealed.
6 COMING INTO FORCE
6.1
This Bylaw shall come into full force and effect upon final passing.
READ a first time this 8th day of July, 2020.
READ a second time this 8th day of July, 2020.
UNANIMOUS CONSENT to proceed to third reading 8th day of July, 2020.
READ a third and final time this 8th day of July, 2020.
_____________________________
_____________________________
Allan Watt, Mayor
June Boyda, Chief Administrative Officer
Summer Village of Silver Beach
Summer Village of Silver Beach