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Summer Village of South View
Bylaw 138
Page 1 of 6
A Bylaw of the Summer Village of South View, in the Province of Alberta for the purpose of
prohibiting, eliminating or abating noise.
WHEREAS the Municipal Government Act provides that Council may pass a Bylaw respecting
nuisances and the safety, health and welfare of people;
AND WHEREAS the Traffic Safety Act R.S.A. 2000, as amended, 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 Council of the Summer Village of South View deems it expedient that a Bylaw
be made 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 South View in the Province of Alberta
duly assembled, enacts as follows:
1. This Bylaw may be cited as "The Noise Bylaw."
DEFINITIONS
2. In this Bylaw:
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 member of the Royal Canadian Mounted Police and, when authorized,
a Special Constable;
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;
Summer Village of South View
Bylaw 138
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2.3)
"Land Use Bylaw" means the Land Use Bylaw #108 of the Summer Village of South
View, as amended from time to time or any Bylaw passed in substitution for or in
addition to Bylaw 108;
2.4))
"Motor Vehicle" means Motor Vehicle as defined in the Traffic Safety Act, as
amended;
2.5)
"Municipal Administrator" means the Municipal Administrator or the Chief
Appointed Official of the Summer Village of South View and anyone acting or
authorized by the Municipal Administrator to act on his or her behalf;
2.6)
"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 warm persons of danger or emergencies;
2.7)
"Off-Highway Vehicle" means an Off-Highway Vehicle as defined in the Traffic
Safety Act, R.S.A. 2000, as amended;
2.8)
"Person" includes an individual, partnership, corporation, trustee, executor or
Manager;
2.9)
"Residential Building" means a building that is constructed as a dwelling for human
beings;
2.10)
"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;
2.11)
"Village" means the Summer Village of South View or the area contained within the
boundaries of the Summer Village of South View;
2.12)
"Violation Tag" means a ticket or similar document issued by the Village pursuant to
the Municipal Government Act, as amended;
2.13)
"Violation Ticket" means a ticket issued pursuant to the Provincial Offenses
Procedures Act, as amended and Regulations thereunder.
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 Village;
(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.
Summer Village of South View
Bylaw 138
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(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.
(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. (1) No person shall operate any powered equipment, including lawnmowers, snow blowers, garden
tillers and built-in vacuum cleaners that are vented to the outside 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
(2) A person who owns, keeps, houses, harbours or allows to stay on his premises an animal which,
by reason of barking or howling, disturbs persons in the vicinity of his home is guilty of an
offence under this Bylaw.
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:
(a)
the Noise is generated pursuant to work done in the normal manner to that industry;
(b)
the Noise is generated between the hours of 7:00 a.m. and 11:00 p.m.
(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
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.
Summer Village of South View
Bylaw 138
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6.3 Under no circumstances shall any Person contravening any provision of this Bylaw be subject to
the penalty of imprisonment.
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 Municipal Administrator and shall state:
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 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.
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 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
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.
SEVERABILITY PROVISION
9.1 Should any provision of this Bylaw be invalid, then such provision shall be severed and the
remaining Bylaw shall be maintained.
Summer Village of South View
Bylaw 138
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EFFECTIVE DATE
11.1 This Bylaw shall come into effect upon final reading thereof.
READ A FIRST TIME THE 9TH day of OCTOBER, 2003.
READ A SECOND TIME THE day of
READ A THIRD TIME THIS day of
__________________________________
Mayor
__________________________________
Municipal Administrator
Summer Village of South View
Bylaw 138
Page 6 of 6
Schedule A
Penalties
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