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SUMMER VILLAGE OF VAL QUENTIN
BYLAW # 236-11
THE NOISE BYLAW
BYLAW NO. 236-11 OF THE SUMMER VILLAGE OF VAL QUENTIN, IN THE
PROVINCE
OF
ALBERTA,
TO
PROHIBIT
CERTAIN
ACTIVITIES
CREATING NOISE AND TO ABATE THE INCIDENCE OF NOISE AND TO
RESTRICT WHEN CERTAIN SOUNDS MAY BE MADE.
WHEREAS, Section 7(c) of the Municipal Government Act provides that the Council of
a municipality may pass Bylaws 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 Summer Village of Val Quentin, duly assembled,
enacts as follows:
(1)
This Bylaw may be cited as "The Noise Bylaw".
(2)
In this Bylaw including this section,
(a)
"Village" means the municipality of the Summer Village of Val Quentin and
the area contained within its boundaries as the context requires;
(b)
"Holiday" means any statutory holiday as defined in The Interpretation Act;
(c)
"Weekday" means any day other than a Sunday or a holiday;
(d)
"Residential building" means a building which is constructed as a dwelling
for human beings.
GENERAL PROHIBITION
(3)
(a)
Except to the extent it is allowed by this Bylaw no person shall make,
continue, cause or allow to be made or continued any loud, unnecessary or
unusual noise which either annoys, disturbs, injures, endangers or detracts
from the comfort, repose, health, peace or safety of other persons within the
boundaries of the Summer Village of Val Quentin.
(b)
What is a loud noise, any unnecessary noise, or any 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 Bylaw.
Bylaw 298-11/Noise
Page Two
(c)
Where an activity which is not specifically prohibited or restricted by any
provision of any legislation or regulations of Canada or of the Province of
Alberta or by any provision of this Bylaw 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.
CONSTRUCTION NOISES
(4)
No person shall carry on the construction of any type of structure which involves
hammering, sawing or the use of any mechanical tools or equipment capable of
creating a sound which may be heard in any residential area beyond the boundaries
of the site on which the activity is being carried on after the hour of ten o'clock in
the evening and before the hour of seven o'clock in the morning of any day.
PENALTIES
(5)
A person who contravenes any provision of this Bylaw either by doing something
which he/she is prohibited from doing or failing to do something he/she is required
to do is guilty of an offence and is liable on summary conviction to a fine not in
excess of Five Hundred ($500.00) Dollars, or in default of payment of fine and
costs to imprisonment.
This Bylaw shall come into full force and effect upon third reading and rescinds Bylaw # 122-89.
READ A FIRST TIME IN COUNCIL
THIS 23rd DAY OF MARCH 2011
READ A SECOND TIME IN COUNCIL
THIS 20TH DAY OF APRIL 2011
READ A THIRD TIME IN COUNCIL
AND DULY PASSED
THIS 15TH DAY OF JUNE 2011
Signed by the CEO and Chief Administrative Officer this 15th day of June, 2011.
_______________________________
Mayor Bob Lehman
_______________________________
Municipal Administrator - Dennis Evans