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unofficial consolidation, the official version is held by the municipal clerk.
Consolidated Version
of
the Noise Bylaw
(being Bylaw No. 31/2006 of the City of St. Albert, as amended by Bylaw No.
29/2018 and 5/2019, consolidated and printed under the authority of the Chief
Administrative Officer of the City of St. Albert)
This is certified to be a true copy of consolidated
Bylaw No. 31/2006 of the City of St. Albert.
_______________________________________
David S. Leflar
Director of Legal and Legislative Services
Chief Legislative Officer
BYLAW 31/2006 (Page 2)
The text shown in parentheses in various locations throughout this document identifies the
corresponding amending bylaw which authorized the change. For example (BL 5/2019) refers to
Bylaw No. 5/2019.
CITY OF ST. ALBERT
BYLAW 31/2006
Being a Bylaw to regulate noise within the City of St. Albert
______________________________________________________________________________
NOW THEREFORE the Municipal Council of the City of St. Albert hereby ENACTS AS
FOLLOWS:
PART 1
DEFINITIONS
1.
This Bylaw may be referred to as "The Noise Bylaw".
2.
In this Bylaw
(a)
"Approved Device" means a noise level meter used to measure sound pressure
levels which approved device meets the International Electro-Technical
Commission Standard No. 123 or the British Standard No. 3539 Part l, or the
American National Standard (ANSI) S1.4-1983;
(b)
"Bylaw" means a City bylaw, and includes any amendments thereto;
(c)
"Bylaw Enforcement Officer" means an individual appointed as such in
accordance with Bylaw 21/2003, the "Bylaw Enforcement Officer Bylaw", as
amended;
(c.1)
"Chief Administrative Officer" or "CAO" means the individual appointed by Council
to the position of Chief Administrative Officer under section 205 of the Municipal
Government Act and pursuant to the Chief Administrative Officer Bylaw; (BL
5/2019)
(d)
"City" means the City of St. Albert, a municipal corporation of the Province of
Alberta, and includes, where the context so requires, the area contained within
the boundaries of the City of St. Albert;
(e)
DELETED (BL 5/2019)
(f)
"Council" means the City's municipal council;
(g)
"Court" means the Provincial Court of Alberta;
(h)
"Daytime Hours" means all hours outside of Quiet Hours;
(i)
"dBA" means the intensity of a noise as measured in decibels on the "A" scale of
a noise level meter when the said meter is set on the "A" weighted network and
on the fast response;
(j)
"Early Payment" means a payment made within 7 days of the offence date
recorded on a Municipal Violation Tag;
(k)
"Emergency Vehicle" means
(i)
a Vehicle operated by a Peace Officer or police service as defined in the
Police Act R.S.A. 2000, Ch.P-17, as amended,
BYLAW 31/2006 (Page 3)
(ii)
a fire-fighting or other type of Vehicle operated by the fire protection
service,
(iii)
an ambulance operated by a Person or organization providing ambulance
services,
(iv)
a Vehicle operated as a gas, power or water disconnection unit of a
public utility,
(v)
a Vehicle designated by regulation as an emergency response unit; or
(vi)
a helicopter used by police service or by emergency response service
personnel.
(l)
"Holiday" includes
(i)
New Year's Day, Alberta Family Day, Good Friday, Easter Monday,
Victoria Day, Canada Day, Labour Day, Remembrance Day and
Christmas Day,
(ii)
the birthday or the day fixed by proclamation for the celebration of the
birthday of the reigning sovereign,
(iii)
December 26, or when that date falls on a Sunday or a Monday, then
December 27,
(iv)
any day appointed by proclamation of the Governor General in Council or
by proclamation of the Lieutenant Governor in Council for a public holiday
or for a day of fast or thanksgiving or as a day of mourning, and
(v)
with reference to any particular part of Alberta, the day in each year that
may by proclamation of the Lieutenant Governor in Council be appointed
as a public holiday for that part of Alberta for the planting of forest or
other trees;
(m)
"Land Use Bylaw" means Bylaw 9/2005 and includes any amendments thereto or
replacements thereof;
(n)
"Municipal Violation Tag" means a City-issued notice that alleges an offence and
provides a person with the opportunity to pay an amount to the City in lieu of
prosecution for the offence;
(o)
"Operator" means a Person who drives a vehicle or operates equipment as the
Owner thereof, or as the Owner's agent, employee, servant or lessee;
(p)
"Outdoor Public Address System" means a sound transmission system (or any
separate component thereof) used primarily as an outdoor audio communication
device, including a business intercom or a sound amplification device used in
conjunction with a public event;
(q)
"Owner" means
(i)
the Person who owns a vehicle and includes any Person renting a vehicle
or having the exclusive use of a vehicle under a lease that has a term of
more than 30 days or otherwise having the exclusive use of a vehicle for
a period of more than 30 days or,
(ii)
if the context so dictates, a landowner or tenant;
BYLAW 31/2006 (Page 4)
(r)
"Peace Officer" means a Person employed for the purposes of preserving and
maintaining the public peace, and includes
(i)
a provincially-appointed Special Constable or Community Peace Officer,
and
(i)
a Bylaw Enforcement Officer authorized to enforce this Bylaw in
accordance with his or her appointment;
(s)
"Person" includes any individual, corporation, society, association, partnership or
firm;
(t)
"Quiet Hours" means
(i)
Monday though Friday between 10:00 pm and 7:00 am (local time),
(ii)
Saturday between 11:00 pm and 9:00 am (local time), and
(iii)
Sunday and Holidays between 10:00 pm and 9:00 am (local time);
(u)
"Residential District" is as referenced or defined in the Land Use Bylaw;
(v)
"Schedule" means a schedule attached to and forming part of this Bylaw;
(w)
"Section" means a section of this Bylaw;
(x)
"Subsection" means a subsection of this Bylaw;
(y)
"Traffic Bylaw" means Bylaw 18/2005 and includes any amendments thereto or
replacements thereof;
(z)
"Truck" means any vehicle, other than a registered disabled persons vehicle or
transit vehicle (as defined in the Traffic Bylaw), that is
(i)
greater than 11 metres in length, or
(ii)
registered (in any jurisdiction) to operate at a maximum gross weight of
8000 kg or more.
For the purposes of this Bylaw, a Truck's load or any attached or non-attached
(but proximate) trailer shall be included as part of the Truck;
(aa)
"Violation Ticket" means a violation ticket issued in accordance with the Provincial
Offences Procedure Act R.S.A. 2000, c.P-34, as amended.
PART 2
GENERAL PROHIBITION
Unreasonably Loud, Raucous or Unusual Sounds
3.
(1)
Except to the extent permitted by this Bylaw, no Person shall make, continue,
cause or permit to be made or continued any unreasonably loud, raucous or
unusual sound which annoys, disturbs, injures, endangers or detracts from the
comfort, repose, health, peace or safety of any other person of ordinary
sensitivity.
(2)
Factors for determining, under Subsection (1), if a sound is unreasonably loud,
raucous or unusual include the following:
BYLAW 31/2006 (Page 5)
(a)
proximity of the sound to sleeping facilities or accommodations, whether
residential or commercial;
(b)
the time of day or night the sound occurs;
(c)
the duration and volume of the sound; and
(d)
whether the sound is recurrent, intermittent or constant.
(3)
A Court may enter a conviction against a Person who violates Subsection (1)
notwithstanding that the Person has not exceeded a maximum dBA level
specified in Part 3 of this Bylaw.
PART 3
SPECIFIC PROHIBITIONS
Daytime Restriction
4.
(1)
No Person shall cause, or permit to be caused, sounds that may be heard in a
Residential District during Daytime Hours at a level greater than 65 dBA unless
such sounds are of a temporary or intermittent nature and:
(a)
where such sounds measure from 66 to 70 dBA, last for no more than 2
hours (of elapsed time during a calendar day's Daytime Hours);
(b)
where such sounds measure from 71 to 75 dBA, last for no more than 1
hour (of elapsed time during a calendar day's Daytime Hours);
(c)
where such sounds measure from 76 to 80 dBA, last for no more than
30 minutes (of elapsed time during a calendar day's Daytime Hours);
and
(d)
where such sounds measure from 81 to 85 dBA, last for no more than
15 minutes (of elapsed time during a calendar day's Daytime Hours).
(2)
No Person shall cause, or permit to be caused, sounds that may be heard in a
Residential District during Daytime Hours at a level in excess of 85 dBA.
Quiet Hours (General)
5.
No Person shall cause, or permit to be caused, sounds that may be heard in a Residential
District during Quiet Hours at a level in excess of 50 dBA.
Construction Work
6.
No Person shall carry on, or permit to be carried on, in a Residential District during Quiet
Hours, construction, repair, alteration, or demolition work such that sounds produced
therefrom, including those produced by hammering, sawing, drilling and the use of any
power tools or construction equipment, may be heard beyond the property line or
boundary of the site upon which the activity is being carried out.
Outdoor Maintenance Work
7.
No Person shall operate or permit to be operated during Quiet Hours any power lawn,
power garden maintenance, or power snow-clearing equipment.
Truck Loading / Unloading
8.
No Person shall load or unload, or permit to be loaded or unloaded, a Truck in a
Residential District during Quiet Hours.
BYLAW 31/2006 (Page 6)
Outdoor Public Address Systems
9.
No Person shall operate, or permit to be operated, an Outdoor Public Address System, at
any time, such that sounds emitted therefrom may be heard within a Residential District at
a level in excess of 50 dBA.
Diesel Engines
10.
No person shall permit, at any time, a stationary vehicle with a diesel engine to remain
running for longer than 10 minutes at a time in a residential District. For greater certainty,
this section does not permit a vehicle with a diesel engine to idle in a manner that is in
contravention of the Idle-Free Bylaw 16/2007. (BL 29/2018)
PART 4
EXEMPTIONS
Specific Exemptions
11.
The restrictions of this Bylaw do not apply to:
(a)
a Person operating an Emergency Vehicle in the normal course of that Person's
employment;
(b)
a Person acting in the normal course of that Person's employment as a City
Employee (or as an agent under contract by the City);
(c)
the normal operation of a bell or buzzer of a school building or religious
establishment; and
(d)
a Person sounding an alarm or warning to announce a fire or other emergency
event (unless the event is determined by emergency response officials to be a
false alarm).
Permitted Exemptions
12.
A Person may make written application to the CAO for a permit allowing for activities that
would otherwise violate this Bylaw. (BL 5/2019)
13.
Any application to the CAO made pursuant to Section 12 must be made in writing at least
5 business days prior to the event or activity and must be in a form approved by the CAO.
(BL 5/2019)
14.
The CAO may, in writing, alter, suspend or revoke a permit issued by his or her office in
accordance with Section 12 if: (BL 5/2019)
(a)
the permit was issued in error;
(b)
the permit was issued based on incorrect information supplied to the City;
(c)
the permit issued is in violation of any other Bylaw or resolution; or
(d)
circumstances exist whereby the CAO, acting reasonably, determines that the
permit should be altered, suspended or revoked. (BL 5/2019)
PART 5
SOUND LEVEL READINGS
15.
(1)
A Peace Officer is hereby authorized to measure sound levels with an Approved
Device.
BYLAW 31/2006 (Page 7)
(2)
An Approved Device referenced under Subsection (1) shall be operated in
accordance within the manufacturers' operating guide.
16.
Any sound level reading taken with an Approved Device shall be taken from outside the
property from which the sound is emanating.
PART 6
DELEGATION OF AUTHORITY
17.
The CAO may delegate his or her authority under this Bylaw to another individual.
(BL 5/2019)
PART 7
ENFORCEMENT
Offence
18.
(1)
A Person who contravenes any provision of this Bylaw is guilty of an offence.
(2)
When sound emanates from or is caused by property in contravention of this
Bylaw, the Owner of the property may be deemed to have committed or permitted
the contravention.
Continuing Offence
19.
In the case of an offence that is of a continuing nature, a contravention of a provision of
this Bylaw constitutes a separate offence with respect to each day, or part of a day, during
which the contravention continues, and a person guilty of such an offence is liable to a
fine in an amount not less than that established by this Bylaw for each such separate
offence.
Fines and Penalties
20.
A Person who is guilty of an offence under this Bylaw is liable
(a)
to a fine as prescribed in Schedule 1; or
(b)
on summary conviction, to a fine not exceeding $10,000.00 or to an order of
imprisonment for not more than 1 year, or both.
Municipal Violation Tag
21.
(1)
A Peace Officer may issue, with respect to an offence under this Bylaw, a
Municipal Violation Tag specifying the fine amount (including any Early Payment
fine amount) established by this Bylaw.
(2)
Where a Municipal Violation Tag is issued, the fine amount indicated thereon may
be paid as directed in lieu of prosecution.
Violation Ticket
22.
(1)
A Peace Officer may issue, with respect to an offence under this Bylaw, a
Violation Ticket:
(a)
specifying the fine amount established by this Bylaw; or
(b)
requiring an appearance in court without the option of making a voluntary
payment.
BYLAW 31/2006 (Page 8)
(2)
Where a Violation Ticket specifies a fine amount, a voluntary payment equal to
the specified fine amount may be made as directed.
Certified Copy of Record
23.
A copy of a record of the City, certified by the CAO as a true copy of the original, shall be
admitted in evidence as prima facie proof of the facts stated in the record without proof of
the appointment or signature of the person signing it. (BL 5/2019)
PART 8
BYLAW COMING INTO EFFECT
24.
This Bylaw shall take effect, and Bylaw 19/68 shall be repealed, upon the signing and
passing of this Bylaw.
BYLAW 31/2006 (Page 9)
SCHEDULE 1 - PENALTIES
Offence
Section
Specified
Penalty
Early
Payment
Discount Rate
PART 2
Cause unreasonable sound
3(1)
250.00
N/a
PART 3
Creating sounds exceeding permissible
limits during Daytime Hours
4(1) and (2)
250.00
N/a
Creating sounds exceeding 50 dBA in
residential district during quiet hours
5
250.00
N/a
Prohibited construction work
6
250.00
N/a
Prohibited maintenance work
7
250.00
N/a
Prohibited loading/unloading of truck
8
250.00
N/a
Outdoor P.A. system exceeds 50 dBA
9
250.00
N/a
Prohibited diesel engine idling
10
250.00
N/a