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TOWN OF VIKING
BY-LAW NO. 99-s32
A BY-LAW OF THE TOWN OF VIKING IN THE PROVINCE OF
ALBERTA FOR THE PURPOSE OF PROHIBITING, ELIMINATING
OR ABATING NOISE.
WHERBAS, the Municipal Government Act, S.A. 1994, c.M-26.1, as amended,
provides that the Council of a Municipalify may pass a By-Law respecting the
safety, health and welfare of people and the protection of people and property,
respecting people, activities and things in, or near a public place or place that is
open to the public, and respecting nuisances;
AND WIIEREAS, the Highway Traffic Act R.S.A., c.H-7, as amended,
provides that the Council of a Municipality may make bylaws defining what
constitutes objectionable Noise, devising a system or method of deterinining or
measuring that Noise, and prohibiting the operation of Motor Vehicles which in
any manner make objectionable Noise;
NOW THEREFORE THE COUNCIL OF THE TOWN OF VIKING, in the
Province of Alberta, duly assembled, enacts as follows:
SECTION I.SHORTTITLE
This by-law may be cited as the Town of Viking "Noise Control By-Law"
SECTION 2 - DEFINITIONS
2.1
"Chief Administlative Offtcer" means the Chief Administrative
Officer for the Town and whatever subsequent title may be
conferred on that officer by counsel or statute.
2.2
"Construction Equipment" includes a riveting machine,
concrete mixer, gravel crusher, steam shovel, trenching
machine, dragline, backhoe, air or steam compressor, jack-
hammer or pneumatic drill, bulldozer, fiont-end loader, motor
scraper, motor grader or any other tool, device, or machine of
a noisy nature.
z.-t
"Construction Noise" means Noise caused by Construction
Equipment.
2.4
"Council" means the Council of the Town of Viking.
2.5
2.6
2.7
2.8
2.9
-Page2 -
"Holiday" means any day declared as such by Municipal,
Provincial or Federal authority and includes Sundays.
"Land Use By-Law" shall mean the Town's Land Use By-Law
No. 99-528, as amended, and includes any Bylaw passed in
substitution for Bylaw No. 99-528.
"Motor Vehicle" means Motor Vehicle as defined in the
Highway Traffic Act, R.S.A. 1980, c.H-7, as amended.
"Noise" means any sound which either annoys or disfurbs
Persons, or which injures, endangers or detracts from the
comfort, repose, health, peace or safety of Persons within the
boundary of the Town.
"Off-Highway Vehicle" means an Off-Highway Vehicles as
defined in the Off-Highway Vehicle Act, R.S.A. 1980, c.0-4,
as amended.
2.r0
"Person" includes an individual, partnership, corporation,
trustee, executor or administtator.
2.11
"Town" means the Town of Viking.
2.t2
"Town Bylaw Enforcement Officer" means a Bylaw Enforcement
Officer appointed by the Town pursuant to the
Municipal Government Act, S.A. l994c.M-26.1, amended,
to enforce the Town Bylaws, and includes a member of the
Royal Canadian Mounted Police and, when authorized, a
Special Constable.
2.13
"Violation Tag" means a tag or similar document issued by the
Town pursuant to the Municipal Government Act, S.A.
1994, C. m-26.1, as amended.
2.t4
"Violation Ticket" means a ticket issued pursuant to Part II of
the Provincial Offenses Procedures Act, R.S.A. 1988,
C.P-21.5, as amended, and Regulations thereunder.
3.1
3.3
3.4
4,1
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SECTION 3 . VIOLATIONS
Except to the extent permitted by this Bylaw, no Person shall
cause or permit any other Person to:
3.1.1
cause a Noise within the Town;
3.1.2
operate or perrnit any other Person to operate
within the Town, a Motor Vehicle which causes a
Noise.
3.1.3
operate or permit any other Person to operate
within the Town, an Off-Highway Vehicle which
causes a Noise.
No Person shall allow properly under their ownership or control to
be used in such a way that there is Noise originating from the
property.
A Town Bylaw Enforcement Officer rnay direct any Person who has
caused or made a Noise, or any Person who owns or controls
property flom which Noise has originated, to abate or eliminate the
Noise. Such a direction may be either verbal or written.
Where an activity which is not specifically prohibited by any federal,
provincial or municipal laws or regulations, including this Bylaw
and which involve reacting 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 cleate as little sound as practicable under
the circumstances.
SECTION 4 - PERMITS AND NON-APPLICATION OF BY-LAW
The Chief Administrative Officer may, upon written request, issue
permission in writing to a Person for the purpose of suspending the
provisions of this Bylaw, and the written permission shall specify
the dates and hours during which Noise may occur (the "Permit").
4.2
4.3
-Page4-
The Chief Administrative Offlcer may refuse to issue a Permit, or
impose any term or condition upon a Permit.
The applicants for a Permit may appeal either:
(a) the refusal of an issuance of a Permit; or
(b) a condition(s) of the Permit;
to Council within thirty (30) days of the receipt of the refusal,
or the receipt of the issuance of the Permit.
On appeal under either Clause 4.3(a) or 4.3(b), Council may
refuse a Permit, confirm a Permit, issue a Permit upon any
terms or conditions, or vary aterm(s) of condition(s) of a
Permit. The decision of Council is final.
Any such Permit issued shall be produced to a Town Bylaw
Enforcement Officer upon demand.
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:
4.4
4.5
4.6
4.6,1
4.6.2
4.6^3
4.7
This Bylaw does not Apply:
4.7 .t
the Noise is generated pursuant to work done in the
normal manner to that industry;
the Noise is generated between the hours of 7:00
a.m. and 10:00 p.rn. of any day excluding Holidays
and between the hours of 10:00 a.m. and l0:00
p.m. on Holidays; and
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.
to work carried on by the Town or its agents,
contractors, selants or employees, acting within
the scope of their agency, contract, or employment,
as the case may be; or
4.7.2
4.7.3
-Page5-
to the performance of any industrial activity by any
Person on land where:
4.7.2.1 the industrial activity is:
(a) a permitted use with Districts M under
the Land Use Bylaw;
(b) is an approved discretionary use
within Districts
under the
Land Use Bylaw; or
(c) is a non-conforming use as defined in
the Municipal Government Act;
4.7.2.2
the Noise is generated pursuant to work
done in the normal manner to that end;
and
4.7.2.3
the work does not otherwise contravene
any federal, provincial or municipal laws
or regulations.
to Persons using domestic equipment including
lawnmowers, snow blowers, garden tillers and built-
in vacuum cleaners which are vented to the outside,
and Persons owning or controlling property upon
which such equipment is used if:
4.7 .3.1 the Noise is of a temporary or intermittent
nafure;
4.7.3.2
the equipment is properly maintained and
operated in a normal manner for that type of
equiprrent; and
4.7.3.3
the Noise occurs between the hours of 7:00
a.m. and 10:00 p.m. of any day and between
the hours of 10:00 a.m. and 10:00 p,m. on
Holidays;
to Persons using air conditioning and cooling units in
either domestic or commercial use if the units are
properly maintained and are operated in a normal
manner.
4.7.4
5.1
6.1
6.2
7.1
-Page6-
SECTION 5 - AUTI{ORIZATION TO INSPECT
A Town Bylaw Enforcement Offrcer may enter any land, building or
premises to inspect for conditions that may constitute a
contravention of this Bylaw.
SECTION 6 - PENALTIES
Any Person who contravenes any provision of this Bylaw is guilty of
an offence and is liable to a penalty in the amount specified in
Schedule "A".
Under no circumstances shall any Person confravening any provision
of this Bylaw be subject to the penalty of imprisonment.
SECTION 7 - VIOLATION TAGS
A Town Bylaw Enforcement Offrcer is hereby authorized and
empowered to issue a Violation Tag to any Person who the Town
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
7.2.1
either personally; or
7.2.2
by mail a copy of such Person at his or her last known
post office address.
7.3
The Violation Tag shall be in a form approved by the Chief
Administrative Officer and shall state:
7.3.1
the name of the Person;
the offence;
the appropriate penalty for the offence as set out herein;
7.3.2
7.3.4
that the penalty shall be paid within thirly (30) days of
the issuance of the Violation Tag;
7.3.3
7.4
-Page7 -
7.3.5
any other information as may be required by the Chief
Administrative Offi cer.
Where a contravention of this Bylaw is of a continuing nature,
further Violation Tags may be issued by a Town Bylaw Enforcement
Officer, provided that no more than one Violation Tag shali be
issued for each day that the contravention continues.
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 Town Treasurer the penahy
specified in the Violation Tag.
Nothing in this Bylaw shall prevent a Town Bylaw Enforcement
Officer from immediately issuing a Violation Ticket.
Where a contravention of this Bylaw is of a continuing nature,
further Violation Tickets may be issued by a Town Bylaw
Enforcement Officer in respect of each day or part of day on which it
continues:
SECTION 8 - VIOLATION TICKETS
A Town Bylaw Enforcement Officer is hereby authorized and
empowered to issue a Violation Ticket to any Person who the Towr
Bylaw Enforcement Officel believes has contravened any provision
of this Bylaw.
Where a contravention of this Bylaw is of a continuing nature,
further Violation Tickets rnay be issued by a Town Bylaw
Enforcement Officer in respect of each day or part of day on which it
continues.
SECTTON 9 - SBVBRABILITY PROVISION
Should any provision of this Bylaw be invalid, then such provision
shall be severed and the remaining Bylaw shall be maintained.
7.5
7.6
7.7
8.i
8.2
9.1
-Page8-
SECTION 10 - REPEAL OF BYLAW IO5
10.1
Bylaw No. 105 is hereby repealed
SECTION 11 - EFFECTIVE DATE
11.1
This Bylaw shall come into effect upon third and final reading.
Read a FIRST time this 20'h day of September ,1999
Read a SECOND time this 20'h day of
Senfemher
r999
Read a THIRD time this 20'h day of
1999.
-Page9-
SCIIEDULE (A" TO BYTAW NO.99.532
FIRST OFFENCE:
SECOND OFFENCE:
TT{IRD OFFENCE:
Each and every subsequent offence
after the third offence:
$100.00
$300.00
$500.00
A fine of not less than
$500.00 and not more
than $1,000.00.
BY-LAW NO.2003-557
A BY-LAW OF THE TOWN OF \IIKING
TO AMEND TIIE NOISE CONTROL BYLAW OF THE
TOWN OF VIKING
WHEREAS the Municipal Government Act, R.S.A. 2000, as amended provides
that a Municipal Council may amend its Noise Control By-Law;
WHEREAS the Council of the Town of Viking has determined that it wishes to
amend its Noise Control By-Law to prohibit the use of engine retarder brakes
within the Town of Viking corporate limits;
NOW THEREFORE the Council of the Town of Viking, duly assembled,
enacts as foilows;
A. The Noise Controlby-Law of the Town of Viking, being By-law
No. 99-532, is hereby amended as follows:
1. The following is added under Section 3 "Violations" under
Subsection 3.1:
3.1.4
The use of engine retarder brakes are prohibited
within Town corporate limits.
Read a FIRST time this 20th day of October ,2003
Read a SECOND time this 20'h day of
October. 2003.
Read a THIRD and FINAL this 20th day of
2003.
October .