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VILLAGE OF VETERAN
BYLAW 482-06
NOISE BYLAW
BEING A BYLAW OF THE VILLAGE OF VETERAN TO PROHIBIT CERTAIN
ACTIVITIES CREATING NOISE AND TO ABATE THE INCIDENCE OF NOISE AND TO
RESTRICT WHEN CERTAIN SOUNDS MAY BE MADE.
WHEREAS, under section 7 of the Municipal Government Act, the Council of the Village
of Veteran may pass a Bylaw respecting the safety, health, and welfare of people and
the protection of people and property and respecting the people, activities, and things in,
on, or near a public place or place that is open to the public.
NOW THEREFORE, THE COUNCIL OF THE VILLAGE OF VETERAN ENACTS AS
FOLLOWS:
1.
This Bylaw may be cited as the Noise Bylaw
2.
In this Bylaw, including this section:
a)
Holiday means a holiday as defined in the Interpretation Act;
b)
Residential Building means a building which is constructed as a dwelling
for human beings and includes a hotel or motel
c)
Residential District means any district designated for residential use in the
Village of Veteran Land Use Bylaw
d)
Industrial District means any district designated for industrial use in the
Land Use Bylaw
e)
Land Use Bylaw means Village of Veteran Bylaw 456-98 as the same is
amended from time to time and includes any Bylaw passed in substitution
for Bylaw 456-98.
General Noise Prohibition
3.
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
or any noise whatsoever which either annoys, disturbs, injures, endangers or
detracts from the comfort, repose, health, peace, or safety of other persons within
the limits of the Village of Veteran.
4.
Except to the extent it is allowed by this Bylaw, no person shall permit, suffer or
allow property, real or personal which he owns, occupies, leases, rents or
controls, to be used in the manner such that a loud noise, an unnecessary noise,
an unusual noise or any noise whatsoever which emanates therefrom, annoys,
disturbs, injures, endangers or detracts from the comfort, repose, health, peace,
or safety of other persons within the limits of the Village of Veteran.
5.
What is a loud noise, an unnecessary noise, an 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.
6.
Where an activity which is not specifically prohibited or restricted by any provision
of any legislation or regulations of Canada or the Province of Alberta or by any
provision of this Bylaw involves creating or making a sound which:
a)
is or may become; or
b)
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 activity shall do so in
a manner as to create as little of such sound as practicable under the
circumstances.
Industrial Noises
7.
Nothing in this Bylaw shall prevent the continual operation or carrying on of an
industrial activity where the activity is one which:
a)
is a permitted use; or
b)
is an approved discretionary use; or
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Noise Bylaw 482-06
c)
is a non-conforming, but not illegal use, as defined in the Municipal
Government Act and the Village of Veteran Land Use Bylaw.
8.
In the operation or carrying on of an industrial activity, the person operating or
carrying on that activity shall make no more noise than is necessary in the normal
method of performing or carrying on that activity.
Construction Noises
9.
Unless permission from the Village of Veteran's Development Officer is first
obtained, no person shall carry on the construction, renovation or demolition of
any type of structure which involves hammering, sawing or the use of any
electrical or mechanical tools or equipment capable of creating a sound which
may be heard beyond the boundaries of the site on which the activity is being
carried on in any district other than one designated in the Land Use Bylaw as an
agricultural district or future residential district after the hour of ten o'clock in the
evening and before the hour of seven o'clock in the morning of any day.
10.
Unless permission from the Village of Veteran's Development Officer is first
obtained, no person shall operate or allow to be operated:
a)
a riveting machine
b)
a concrete mixer
c)
a gravel crusher
d)
a steam shovel
e)
a trenching machine
f)
a drag line
g)
an air or steam compressor, jack-hammer, or pneumatic drill
h)
a tractor or bulldozer; or
i)
any other tool, device or machine of a noisy nature;
so as to create a noise, confusion, or disturbance which may be heard in a
residential building between the hours of ten o'clock in the evening and seven
o'clock in the morning of any day.
11.
This Bylaw does not apply to work carried on by the Village of Veteran, or by any
contractor carrying out the instructions of the Village of Veteran under emergency
circumstances.
Domestic Noises
12.
No person shall operate a power garden tool, hedge trimmer, rototiller, power or
hand lawn mower, or snow clearing device powered by an engine of any
description in a residential zone between the hours of ten o'clock in the evening
and seven o'clock in the morning of any day.
13.
No person shall detonate fireworks or explosive devices in any area of the Village
of Veteran between the hours of ten o'clock in the evening and seven o'clock in
the morning of any day, unless the consent of the Council of the Village of
Veteran has first been obtained.
14.
No person shall make, continue, cause or allow to be made any excessive noises
as a result of a private party or social gathering, either indoors or outside, which
either annoys, disturbs, injures, endangers or detracts from the comfort, repose,
health, peace, or safety of other persons within the limits of the Village of Veteran
between the hours of ten o'clock in the evening and seven o'clock in the morning
of any day.
15.
Every person who owns, or has the care or control of, or keeps or harbors, any
animal which by reason of excessive barking or excessive howling disturbs other
persons is guilty of an offence under this Bylaw.
Noises Absolutely Prohibited
16.
No person other than a police officer in the regular course of duty shall discharge
a firearm within the Village of Veteran unless permission to do so has been
granted by the Village.
Motor Vehicle Noises
17.
No person shall create loud, unusual or unnecessary noise in the operation of a
motor vehicle upon a public street, lane or thoroughfare within the Village of
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Noise Bylaw 482-06
Veteran whether the noise is caused by the mechanical condition of the motor
vehicle, the manner in which the motor vehicle is operated, or loud music, etc.
which may be played within the vehicle, and whether or not the vehicle is
stationary or moving at the time the noise is created.
18.
No person shall emit or cause the emission of any loud, unusual or unnecessary
noise, or noises which annoy, disturb, injure, endanger or detract from the
comfort, repose, health peace or safety of others within the Village of Veteran
resulting from any of the following acts:
a)
The sounding of a motor vehicle signaling device or warning device, or
siren, except where required or authorized by this Bylaw.
b)
The operation anywhere other than on a public highway of an engine or
motor, in or on any motor vehicle, or vehicles, or item of auxiliary
equipment for a continuous period exceeding five minutes while such is
stationary in a residential district unless:
i)
The vehicle is in an enclosed structure so as to effectively prevent
excessive noise emissions; or
ii)
The operation of such an engine or motor is essential to a basic
function of the vehicle or equipment, including but not limited to,
the operation of ready-mixed concrete trucks, lift platforms or
refuse compactors; or
iii)
Weather conditions justify the use of heating or refrigerating
systems powered by a motor or engine for the safety and welfare
of the operator, passengers or animals, or the preservation of
perishable cargo; or
iv)
Prevailing low temperatures make longer idling periods necessary,
immediately after starting the motor or engine; or
v)
The idling is for the purpose of cleaning and flushing the radiator
and associated circulation system for seasonal change of anti-
freeze, cleaning of the fuel system, carburetor or like, when such
work is performed other than for profit.
c)
No person shall allow the diesel motor on a vehicle to remain running
longer than 15 minutes while the vehicle is not in motion in any residential
district or zone or in any other location within five hundred feet of a
residential zone.
d)
The provisions of this section do not apply to any emergency vehicle, or
to work on a Village street or public utility carried on by the Village of
Veteran, or any public utility company, or to a contractor working under
the instruction of the Village of Veteran.
Commercial Noises
19.
No person shall load or unload motor trucks in any area designated as being a
residential zone or within one block of the boundary of such a zone between the
hours of ten o'clock in the evening and seven o'clock in the morning of any day.
Exemptions
20.
Notwithstanding any of the provisions of this Bylaw, this Bylaw does not apply to
any person who emits or causes the emission of noise in connection with any life-
saving duty or responsibility or any person acting in an emergency situation.
21.
Notwithstanding any of the provisions of this Bylaw, this Bylaw does not apply to
a person who emits or causes to be emitted noise in connection with any of the
following activities:
a)
the use in a reasonable manner of an apparatus or mechanism for the
amplification of the human voice or of music in a public park or recreation
area under the control and management of the Village of Veteran in
connection with any public meeting, public celebration, recreational event
or other lawful gathering.
b)
Any band or parade, provided that the consent of the Council of the
Village of Veteran to operate such band, or hold such parade has first
been obtained.
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Noise Bylaw 482-06
c)
Any carnival, fair or exhibition, provided that the consent of the Council of
the Village of Veteran to operate or hold such carnival, fair or exhibition
has first been obtained.
d)
Any event authorized by the Village of Veteran on Village-owned lands.
e)
The sounding of bells in churches, religious establishments and schools.
f)
The sounding of factory whistles, train whistles and similar devices at
normal appropriate times.
Penalties
22.
Any person who contravenes any provision of this Bylaw is guilty of an offense
and is liable on summary conviction to a minimum fine of $500.00 and a
maximum fine not to exceed $2,000 or in default of payment of the fine is liable
for imprisonment for a period not exceeding sixty days.
This Bylaw shall come into force on the date of the final approval by the Council of the
Village of Veteran. Bylaw 294-76 is hereby repealed.
Read a first time this 11th day of April, 2006.
Read a second time this 11th day of April, 2006.
Read a third and final time this 25th day of April, 2006.
______________________________
_________________________________
Mayor
Municipal Administrator