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WHEATLAND COUNTY
Noise Bylaw 2024-12
Being a bylaw of Wheatland County, in the province of Alberta, for the purpose of
regulating noise.
WHEREAS the Municipal Government Act, R.S.A. 2000, c. M-26 Provides that a council may
pass bylaws for municipal purposes respecting the following matters:
a) The safety, health and welfare of people and the protection of people and
property;
b) People, activities and things in, on or near a public place or a place that is
open to the public;
c) Nuisances; and
d) The enforcement of bylaws.
AND WHEREAS Council deems it advisable to pass a Bylaw to regulate noise which may
disturb the peace;
NOW THEREFORE the Council of Wheatland County, duly assembled, enacts as follows:
1.0
Title
1.1
This Bylaw may be cited as the Noise Bylaw.
2.0
Purpose
2.1
This Bylaw is enacted to protect, preserve, and promote the safety, health and
welfare, peace and quiet of residents of the County through the reduction, control
and prevention of any noise that annoys or disturbs the peace of reasonable
persons of ordinary sensitivity.
3.0
Definitions
Unless otherwise specified, the words used in this Bylaw have the same meaning as
defined in the Municipal Government Act and its Regulations.
3.1
"Agricultural Operation" means an agricultural activity conducted on
agricultural land for gain or reward or in the hope or expectation of gain or
reward, and includes:
a) the cultivation of land;
b) the raising of poultry, fur-bearing animals, pheasants, fish, or livestock,
including domestic cervids, within but not limited to the meaning of livestock in
the Livestock Industry Diversification Act;
c) the production of agricultural field crops, fruit, vegetables, sod, trees, shrubs,
other specialty horticultural crops, eggs, milk, and honey;
d) the operation of agricultural machinery and equipment, including irrigation
pumps;
e) the application of fertilizers, insecticides, pesticides, fungicides and
herbicides, including application by ground and aerial spraying, for agricultural
purposes;
f) the collection, transportation, storage, application, use, transfer and disposal
of manure, composting materials, and compost; and
g) the abandonment and reclamation of confined feeding operations and manure
storage facilities.
3.2
"Agricultural Producer" means any person conducting an agricultural activity on
agricultural land for gain or reward or in the hope or expectation of gain or
reward.
WHEATLAND COUNTY
Noise Bylaw 2024-12
Being a bylaw of Wheatland County, in the province of Alberta, for the purpose of
regulating noise.
WHEREAS the Municipal Government Act, R.S.A. 2000, c. M-26 Provides that a council may
pass bylaws for municipal purposes respecting the following matters:
a) The safety, health and welfare of people and the protection of people and
property;
b) People, activities and things in, on or near a public place or a place that is
open to the public;
c) Nuisances; and
d) The enforcement of bylaws.
AND WHEREAS Council deems it advisable to pass a Bylaw to regulate noise which may
disturb the peace;
NOW THEREFORE the Council of Wheatland County, duly assembled, enacts as follows:
1.0
Title
1.1
This Bylaw may be cited as the Noise Bylaw.
2.0
Purpose
2.1
This Bylaw is enacted to protect, preserve, and promote the safety, health and
welfare, peace and quiet of residents of the County through the reduction, control
and prevention of any noise that annoys or disturbs the peace of reasonable
persons of ordinary sensitivity.
3.0
Definitions
Unless otherwise specified, the words used in this Bylaw have the same meaning as
defined in the Municipal Government Act and its Regulations.
3.1
"Agricultural Operation" means an agricultural activity conducted on
agricultural land for gain or reward or in the hope or expectation of gain or
reward, and includes:
a) the cultivation of land;
b) the raising of poultry, fur-bearing animals, pheasants, fish, or livestock,
including domestic cervids, within but not limited to the meaning of livestock in
the Livestock Industry Diversification Act;
c) the production of agricultural field crops, fruit, vegetables, sod, trees, shrubs,
other specialty horticultural crops, eggs, milk, and honey;
d) the operation of agricultural machinery and equipment, including irrigation
pumps;
e) the application of fertilizers, insecticides, pesticides, fungicides and
herbicides, including application by ground and aerial spraying, for agricultural
purposes;
f) the collection, transportation, storage, application, use, transfer and disposal
of manure, composting materials, and compost; and
g) the abandonment and reclamation of confined feeding operations and manure
storage facilities.
3.2
"Agricultural Producer" means any person conducting an agricultural activity on
agricultural land for gain or reward or in the hope or expectation of gain or
reward.
3.3
"Ambient Sound" means the sound level that is present in the environment
produced by sound sources other than the source under assessment.
3.4
"Amplified Sound" means any sound that is made louder through a human
made device.
3.5
"Chief Administrative Officer" means the person appointed as Chief
Administrative Officer of Wheatland County or their authorized delegate.
3.6
"Construction" means the temporary process of demolishing, building, repairing,
or improving any existing lawful structure, including landscaping, repair, property
improvement, or any work connected with that process.
3.7
"Continuous Sound" means any sound level that occurs:
a) for a continuous duration of more than 3 minutes; or
b) sporadically for a total of more than 3 minutes, in any continuous 15-minute
time period.
3.8
"Council" means the duly elected Council of Wheatland County.
3.9
"County" means Wheatland County.
3.10
"Court" means a court of competent jurisdiction in the Province of Alberta.
3.11
"Daytime" means the period:
a) beginning at 7:00 am and ending at 9:00 pm of the same day on weekdays;
and
b) beginning at 9:00 am and ending at 9:00 pm of the same day on a weekend.
3.12
"Emergency Vehicle" has the same meaning as in the Traffic Safety Act.
3.13
"Enforcement Officer" means a member of the Royal Canadian Mounted Police
(RCMP), a Community Peace Officer appointed in accordance with the Peace
Officer Act, or a Bylaw Enforcement Officer employed by Wheatland County in
accordance with the Municipal Government Act.
3.14
"Generally Accepted Agricultural Practices" refers to a practice that is
conducted in a manner consistent with appropriate and accepted customs and
standards as established and followed by similar agricultural operations under
similar circumstances, and without restricting the generality of the foregoing
includes the use of innovative technology used with advanced management
practices.
3.15
"Holiday" has the same meaning as in the Interpretation Act.
3.16
"Including" when introducing a list of items does not limit the meaning of the
words to those items or to items of a similar kind.
3.17
"Interpretation Act" means the Interpretation Act, RSA 2000, c 1-8, as amended
from time to time.
3.18
"Motorized Power Tool" means any tool or implement that is powered by an
electric or internal combustion motor or compressed air, including snow blowers,
lawn mowers, and motorized garden tools.
3.19
"Municipal Government Act' means the Municipal Government Act, RSA 2000,
c M-26, as amended or replaced from time to time.
3.20
"Nighttime" means the period beginning at 9:01 pm and ending the following day
at:
a) 6:59 am if the following day is a weekday; or
b) 8:59 am if the following day is a weekend.
3.21
"Noise" means any sound that:
a) annoys, aggravates, endangers, or disturbs humans or animals;
3.3
"Ambient Sound" means the sound level that is present in the environment
produced by sound sources other than the source under assessment.
3.4
"Amplified Sound" means any sound that is made louder through a human
made device.
3.5
"Chief Administrative Officer" means the person appointed as Chief
Administrative Officer of Wheatland County or their authorized delegate.
3.6
"Construction" means the temporary process of demolishing, building, repairing,
or improving any existing lawful structure, including landscaping, repair, property
improvement, or any work connected with that process.
3.7
"Continuous Sound" means any sound level that occurs:
a) for a continuous duration of more than 3 minutes; or
b) sporadically for a total of more than 3 minutes, in any continuous 15-minute
time period.
3.8
"Council" means the duly elected Council of Wheatland County.
3.9
"County" means Wheatland County.
3.10
"Court" means a court of competent jurisdiction in the Province of Alberta.
3.11
"Daytime" means the period:
a) beginning at 7:00 am and ending at 9:00 pm of the same day on weekdays;
and
b) beginning at 9:00 am and ending at 9:00 pm of the same day on a weekend.
3.12
"Emergency Vehicle" has the same meaning as in the Traffic Safety Act.
3.13
"Enforcement Officer" means a member of the Royal Canadian Mounted Police
(RCMP), a Community Peace Officer appointed in accordance with the Peace
Officer Act, or a Bylaw Enforcement Officer employed by Wheatland County in
accordance with the Municipal Government Act.
3.14
"Generally Accepted Agricultural Practices" refers to a practice that is
conducted in a manner consistent with appropriate and accepted customs and
standards as established and followed by similar agricultural operations under
similar circumstances, and without restricting the generality of the foregoing
includes the use of innovative technology used with advanced management
practices.
3.15
"Holiday" has the same meaning as in the Interpretation Act.
3.16
"Including" when introducing a list of items does not limit the meaning of the
words to those items or to items of a similar kind.
3.17
"Interpretation Act" means the Interpretation Act, RSA 2000, c 1-8, as amended
from time to time.
3.18
"Motorized Power Tool" means any tool or implement that is powered by an
electric or internal combustion motor or compressed air, including snow blowers,
lawn mowers, and motorized garden tools.
3.19
"Municipal Government Act' means the Municipal Government Act, RSA 2000,
c M-26, as amended or replaced from time to time.
3.20
"Nighttime" means the period beginning at 9:01 pm and ending the following day
at:
a) 6:59 am if the following day is a weekday; or
b) 8:59 am if the following day is a weekend.
3.21
"Noise" means any sound that:
a) annoys, aggravates, endangers, or disturbs humans or animals;
b) interferes with a person's peaceful enjoyment of their property;
c) detracts from the comfort, peace, or repose of humans; and
d) includes any loud music (low frequency or bass sound), shouting, banging,
exhaust or engine sounds, or any other sound that is loud, harsh, or
otherwise undesirable.
3.22
"Owner" means:
a) in the case of land, the Person who is registered under the Land Titles Act as
the owner of the fee simple estate in the parcel of land; or
b) in the case of any property other than land, the Person in lawful possession of
it.
3.23
"Peace Officer Act" means the Peace Officer Act, RSA 2000, c P-3.5, as
amended or replaced from time to time.
3.24
"Person" means any individual or business, including a firm, joint venture,
proprietorship, association, corporation, organization, partnership, company,
society, or any other legal entity.
3.25
"Property" means:
a) in the case of land, a parcel of land including any buildings or structures
thereon; or
b) in other cases, personal property.
3.26
"Provincial Offences Procedure Act" means the Provincial Offences Procedure
Act, RSA 2000, c P-34, as amended or replaced from time to time.
3.27
"Residential Development" means any land that is the permitted and lawful site
of one or more residential buildings, excepting farms, ranches, and other land
used for purely agricultural purposes.
3.28
"Signaling Device" means any device that produces an audible sound used for
the purpose of drawing a person's attention, including a horn, gong, bell, klaxon,
or public address system.
3.29
"Speaker System" means any sound amplification device that converts electrical
impulses into sound, whether the device is independent or incorporated into a
radio, stereo, television, computer, or public address system, including any such
device located in a building, vehicle, or portable self-contained unit.
3.30
"Traffic Safety Act'' means the Traffic Safety Act, RSA 2000, c T-6, as amended
from time to time.
3.31
"Vehicle" has the same meaning as in the Traffic Safety Act.
3.32
"Violation Ticket" means a ticket issued pursuant to the provisions of the
Provincial Offences Procedure Act.
3.33
"Weekday" means Monday through Saturday, inclusive, except for any holidays.
3.34
"Weekend" means Sunday, and any other holiday.
4.0
Noise Control
4.1
No person shall in either the daytime or the nighttime:
a) make, continue, cause, or allow to be made or continued any excessive,
unnecessary, or unusual noise of any type;
b) allow or permit any real or personal property that is owned, occupied, or
controlled by that person to be used in a way that allows excessive,
unnecessary, or unusual noise of any type to emanate from such property; or
c) create excessive noise through amplified sound including the operation,
allowance, or permit the operation of a speaker system.
b) interferes with a person's peaceful enjoyment of their property;
c) detracts from the comfort, peace, or repose of humans; and
d) includes any loud music (low frequency or bass sound), shouting, banging,
exhaust or engine sounds, or any other sound that is loud, harsh, or
otherwise undesirable.
3.22
"Owner" means:
a) in the case of land, the Person who is registered under the Land Titles Act as
the owner of the fee simple estate in the parcel of land; or
b) in the case of any property other than land, the Person in lawful possession of
it.
3.23
"Peace Officer Act" means the Peace Officer Act, RSA 2000, c P-3.5, as
amended or replaced from time to time.
3.24
"Person" means any individual or business, including a firm, joint venture,
proprietorship, association, corporation, organization, partnership, company,
society, or any other legal entity.
3.25
"Property" means:
a) in the case of land, a parcel of land including any buildings or structures
thereon; or
b) in other cases, personal property.
3.26
"Provincial Offences Procedure Act" means the Provincial Offences Procedure
Act, RSA 2000, c P-34, as amended or replaced from time to time.
3.27
"Residential Development" means any land that is the permitted and lawful site
of one or more residential buildings, excepting farms, ranches, and other land
used for purely agricultural purposes.
3.28
"Signaling Device" means any device that produces an audible sound used for
the purpose of drawing a person's attention, including a horn, gong, bell, klaxon,
or public address system.
3.29
"Speaker System" means any sound amplification device that converts electrical
impulses into sound, whether the device is independent or incorporated into a
radio, stereo, television, computer, or public address system, including any such
device located in a building, vehicle, or portable self-contained unit.
3.30
"Traffic Safety Act' means the Traffic Safety Act, RSA 2000, c T-6, as amended
from time to time.
3.31
"Vehicle" has the same meaning as in the Traffic Safety Act.
3.32
"Violation Ticket" means a ticket issued pursuant to the provisions of the
Provincial Offences Procedure Act.
3.33
"Weekday" means Monday through Saturday, inclusive, except for any holidays.
3.34
"Weekend" means Sunday, and any other holiday.
4.0
Noise Control
4.1
No person shall in either the daytime or the nighttime:
a) make, continue, cause, or allow to be made or continued any excessive,
unnecessary, or unusual noise of any type;
b) allow or permit any real or personal property that is owned, occupied, or
controlled by that person to be used in a way that allows excessive,
unnecessary, or unusual noise of any type to emanate from such property; or
c) create excessive noise through amplified sound including the operation,
allowance, or permit the operation of a speaker system.
4.2
Whether a particular sound complained of constitutes a noise, or constitutes an
excessive, unnecessary, or unusual noise are questions of fact to be determined
by a court hearing a prosecution pursuant to this bylaw. When deciding as to
whether a particular sound constitutes an excessive, unnecessary, or unusual
noise the court shall consider any admissible evidence as to:
a) the time of the noise complained of and whether it was during the daytime or
the nighttime;
b) the location of the noise and whether or not the noise occurred in a residential
development or residential building;
c) the duration and nature of the noise;
d) approved land uses, and the nature and zoning of the Property from which
the noise emanates and the area where the noise is received or perceived;
e) the nature of the event or activity from which the noise emanates; and
f)
any other circumstances or factors relating to the noise which the court
deems are relevant to the said determination.
4.3
When a business, commercial or agricultural activity otherwise lawfully permitted
at a location within Wheatland County necessarily involves the creation of noise
as defined in this bylaw:
a) the person owning, operating, or controlling the activity; or
b) the person owning or controlling the property upon or within which the activity
is allowed to take place;
shall take all reasonable steps to ensure that the noise created by such activity is
minimized as much as practicable in all the circumstances.
4.4
Whether or not an activity referred to in Section 4.3 of this bylaw "necessarily"
involves the creation of noise and whether the person controlling the said activity
has taken "all of the reasonable steps" to minimize such noise are questions of
fact to be determined by a court hearing a prosecution pursuant to this Bylaw.
4.5
No Owner or Occupant of a Property shall cause or permit any construction
activity on a Property which creates a noise that may annoy or disturb the peace
of any other person:
a) before 7:00 am or after 9:00 pm Monday through Saturday; or
b) before 9:00 am or after 9:00 pm on a Sunday or holidays.
4.6
No Person shall advertise events, merchandise, or foodstuffs, by using bells,
gongs, horns, megaphones, or any other noise-making or sound amplification
devices between the hours of 9:00 pm and 7:00 am.
4.7
An Enforcement Officer may direct any person who has caused or made a Noise,
or any Person who owns property from which Noise has originated to abate or
eliminate the Noise. Such direction may be either verbal or written.
4.8
An Enforcement Officer shall only corroborate the evidence provided by an
affected person as to the level of the noise if they are able to personally observe
the noise. Prosecution shall come from a written statement from an affected
person.
5.0
Exemption and Exceptions
5.1
The provisions of this bylaw do not apply to:
a) emergency vehicles;
b) the aeronautical related operations of a federally regulated airport;
c) Agricultural Operations;
d) construction during the daytime, whether or not such construction requires a
permit;
e) any activity identified and approved by way of a development permit;
4.2
Whether a particular sound complained of constitutes a noise, or constitutes an
excessive, unnecessary, or unusual noise are questions of fact to be determined
by a court hearing a prosecution pursuant to this bylaw. When deciding as to
whether a particular sound constitutes an excessive, unnecessary, or unusual
noise the court shall consider any admissible evidence as to:
a) the time of the noise complained of and whether it was during the daytime or
the nighttime;
b) the location of the noise and whether or not the noise occurred in a residential
development or residential building;
c) the duration and nature of the noise;
d) approved land uses, and the nature and zoning of the Property from which
the noise emanates and the area where the noise is received or perceived;
e) the nature of the event or activity from which the noise emanates; and
f)
any other circumstances or factors relating to the noise which the court
deems are relevant to the said determination.
4.3
When a business, commercial or agricultural activity otherwise lawfully permitted
at a location within Wheatland County necessarily involves the creation of noise
as defined in this bylaw:
a) the person owning, operating, or controlling the activity; or
b) the person owning or controlling the property upon or within which the activity
is allowed to take place;
shall take all reasonable steps to ensure that the noise created by such activity is
minimized as much as practicable in all the circumstances.
4.4
Whether or not an activity referred to in Section 4.3 of this bylaw "necessarily"
involves the creation of noise and whether the person controlling the said activity
has taken "all of the reasonable steps" to minimize such noise are questions of
fact to be determined by a court hearing a prosecution pursuant to this Bylaw.
4.5
No Owner or Occupant of a Property shall cause or permit any construction
activity on a Property which creates a noise that may annoy or disturb the peace
of any other person:
a) before 7:00 am or after 9:00 pm Monday through Saturday; or
b) before 9:00 am or after 9:00 pm on a Sunday or holidays.
4.6
No Person shall advertise events, merchandise, or foodstuffs, by using bells,
gongs, horns, megaphones, or any other noise-making or sound amplification
devices between the hours of 9:00 pm and 7:00 am.
4. 7
An Enforcement Officer may direct any person who has caused or made a Noise,
or any Person who owns property from which Noise has originated to abate or
eliminate the Noise. Such direction may be either verbal or written.
4.8
An Enforcement Officer shall only corroborate the evidence provided by an
affected person as to the level of the noise if they are able to personally observe
the noise. Prosecution shall come from a written statement from an affected
person.
5.0
Exemption and Exceptions
5.1
The provisions of this bylaw do not apply to:
a) emergency vehicles;
b) the aeronautical related operations of a federally regulated airport;
c) Agricultural Operations;
d) construction during the daytime, whether or not such construction requires a
permit;
e) any activity identified and approved by way of a development permit;
f)
any activity that violates any provision of the Land Use Bylaw in which case,
enforcement will occur through the development compliance process;
g) work by the County, a public utility, or contractors on County infrastructure or
public utilities; or
h) any activity within the sole jurisdiction of the Government of Canada or the
Province of Alberta.
5.2
The provisions of this bylaw must not be interpreted to prevent:
a) the ringing of bells in places of worship, schools, and other institutional
buildings;
b) the use of signaling devices on vehicles in their normal operation for the
purpose of giving warnings to other drivers or pedestrians;
c) the sounding of any alarm or warning to announce a fire or other emergency.
6.0
Permit
6.1
The Chief Administrative Officer may issue a noise bylaw exemption permit, on
placing whatever conditions the Chief Administrative Officer considers
appropriate, authorizing the production of noise in a manner, or of a type, that
would otherwise contravene this Part.
7 .0
Offences and Penalties
7.1
A Person who contravenes any provision of this Bylaw is guilty of an offence.
7 .2
A Person who is guilty of an offence is liable to a fine in an amount not less than
that established in Schedule "A" and not exceeding $10,000.00.
7.3
In the case of an offence that is of a continuing nature, a contravention
constitutes a separate offence in respect of each day, or part of a day, on which it
continues.
7.4
Without restricting the generality of Sections 7.2 and 7.3, the fine amounts set
out in Schedule "A" are established for use on Municipal Tags and Violation
Tickets if a voluntary payment option is offered.
7.5
Where an Enforcement Officer determines that a violation against any provisions
of this bylaw has been committed, may,
a) request that the noise cease and desist;
b) seize anything used to cause the noise.
7.6
Where anything is seized pursuant to Section 7.5, the seized thing shall be
returned to the owner at the conclusion of any proceedings brought against the
owner.
8.0
Municipal Tag
8.1
An Enforcement Officer is hereby authorized and empowered to issue a
Municipal Tag to any Person who the Enforcement Officer has reasonable and
probable grounds to believe has contravened any provision of this Bylaw.
8.2
A Municipal Tag shall be served:
a) either personally; or
b) by mailing a copy, via registered mail, to such Person at their last known
postal address.
8.3
A Municipal Tag shall be in a form approved by the Chief Administrative Officer
and shall state:
a) the name of the Person;
b) a description of the Property upon which the offence has been committed, if
applicable;
c) the offence;
f)
any activity that violates any provision of the Land Use Bylaw in which case,
enforcement will occur through the development compliance process;
g) work by the County, a public utility, or contractors on County infrastructure or
public utilities; or
h) any activity within the sole jurisdiction of the Government of Canada or the
Province of Alberta.
5.2
The provisions of this bylaw must not be interpreted to prevent:
a) the ringing of bells in places of worship, schools, and other institutional
buildings;
b) the use of signaling devices on vehicles in their normal operation for the
purpose of giving warnings to other drivers or pedestrians;
c) the sounding of any alarm or warning to announce a fire or other emergency.
6.0
Permit
6.1
The Chief Administrative Officer may issue a noise bylaw exemption permit, on
placing whatever conditions the Chief Administrative Officer considers
appropriate, authorizing the production of noise in a manner, or of a type, that
would otherwise contravene this Part.
7 .0
Offences and Penalties
7 .1
A Person who contravenes any provision of this Bylaw is guilty of an offence.
7.2
A Person who is guilty of an offence is liable to a fine in an amount not less than
that established in Schedule "A" and not exceeding $10,000.00.
7.3
In the case of an offence that is of a continuing nature, a contravention
constitutes a separate offence in respect of each day, or part of a day, on which it
continues.
7.4
Without restricting the generality of Sections 7.2 and 7.3, the fine amounts set
out in Schedule "A" are established for use on Municipal Tags and Violation
Tickets if a voluntary payment option is offered.
7.5
Where an Enforcement Officer determines that a violation against any provisions
of this bylaw has been committed, may,
a) request that the noise cease and desist;
b) seize anything used to cause the noise.
7.6
Where anything is seized pursuant to Section 7.5, the seized thing shall be
returned to the owner at the conclusion of any proceedings brought against the
owner.
8.0
Municipal Tag
8.1
An Enforcement Officer is hereby authorized and empowered to issue a
Municipal Tag to any Person who the Enforcement Officer has reasonable and
probable grounds to believe has contravened any provision of this Bylaw.
8.2
A Municipal Tag shall be served:
a) either personally; or
b) by mailing a copy, via registered mail, to such Person at their last known
postal address.
8.3
A Municipal Tag shall be in a form approved by the Chief Administrative Officer
and shall state:
a) the name of the Person;
b) a description of the Property upon which the offence has been committed, if
applicable;
c) the offence;
d) the specified penalty established by this Bylaw for the offence;
e) that the penalty shall be paid within 30 days of the issuance of the Municipal
Tag;and
f)
any other information as may be required by the Chief Administrative Officer.
8.4
Where a Municipal Tag is issued pursuant to this Bylaw, the Person to whom the
Municipal Tag is issued may, in lieu of being prosecuted for the offence, pay to
the County the penalty specified prior to the date indicated on the Municipal Tag.
9.0
Violation Ticket
9.1
If a Municipal Tag has been issued and if the specified penalty has not been paid
within the prescribed time, then an Enforcement Officer is hereby authorized and
empowered to issue a Violation Ticket pursuant to the Provincial Offences
Procedure Act.
9.2
Notwithstanding Section 9.1, an Enforcement Officer is hereby authorized and
empowered to immediately issue a Violation Ticket pursuant to the Provincial
Offences Procedure Act to any person who an Enforcement Officer has
reasonable and probable grounds to believe has contravened any provision of
this Bylaw.
9.3
If a Violation Ticket is issued in respect of an offence, the Violation Ticket may:
a) specify the fine amount established by this Bylaw for the offence; or
b) require the Person to appear in court without the alternative of making a
voluntary payment.
9.4
A Person who commits an offence may, if a Violation Ticket is issued in respect
of the offence, and if the Violation Ticket specifies the fine amount established by
this Bylaw for the offence, make a voluntary payment by submitting to the Clerk
of the Provincial Court, on or before the initial appearance date indicated on the
Violation Ticket, the specified penalty set out on the Violation Ticket.
9.5
When a Clerk of the Provincial Court records the receipt of a voluntary payment
pursuant to Section 61 and the Provincial Offences Procedure Act, the act of
recording constitutes acceptance of the guilty plea and constitutes a conviction
and the imposition of a fine in the amount of the specified penalty.
9.6
Nothing in this Bylaw shall be construed to limit or hinder the ability of the County
to issue an order pursuant to Sections 545, 546, or 645 of the Municipal
Government Act.
10. 0 Vicarious Liability
10.1
For the purposes of this Bylaw, an act or omission by an employee or agent of a
Person is deemed also to be an act or omission of the Person if the act or
omission occurred during the employee's employment with the Person, or during
the agent exercising the powers or performing the duties on behalf of the Person
under their agency relationship.
11.0
Corporations and Partnerships
11.1
When a corporation commits an offence under this Bylaw, every principal,
director, manager, employee, or agent of the corporation who authorized the act
or omission that constitutes the offence or assented to or acquiesced or
participated in the act or omission that constitutes the offence is guilty of the
offence whether the corporation has been prosecuted for the offence.
11.2
If a partner in a partnership is guilty of an offence under this Bylaw, each partner
in that partnership who authorized the act or omission that constitutes the offence
or assented to or acquiesced or participated in the act or omission that
constitutes the offence is guilty of the offence.
12.0
Inspections
12.1
A designated officer, for the purposes of ensuring that the provisions of this
Bylaw are being complied with, may, upon reasonable notice, enter in or upon a
d) the specified penalty established by this Bylaw for the offence;
e) that the penalty shall be paid within 30 days of the issuance of the Municipal
Tag;and
f)
any other information as may be required by the Chief Administrative Officer.
8.4
Where a Municipal Tag is issued pursuant to this Bylaw, the Person to whom the
Municipal Tag is issued may, in lieu of being prosecuted for the offence, pay to
the County the penalty specified prior to the date indicated on the Municipal Tag.
9.0
Violation Ticket
9.1
If a Municipal Tag has been issued and if the specified penalty has not been paid
within the prescribed time, then an Enforcement Officer is hereby authorized and
empowered to issue a Violation Ticket pursuant to the Provincial Offences
Procedure Act.
9.2
Notwithstanding Section 9.1, an Enforcement Officer is hereby authorized and
empowered to immediately issue a Violation Ticket pursuant to the Provincial
Offences Procedure Act to any person who an Enforcement Officer has
reasonable and probable grounds to believe has contravened any provision of
this Bylaw.
9.3
If a Violation Ticket is issued in respect of an offence, the Violation Ticket may:
a) specify the fine amount established by this Bylaw for the offence; or
b) require the Person to appear in court without the alternative of making a
voluntary payment.
9.4
A Person who commits an offence may, if a Violation Ticket is issued in respect
of the offence, and if the Violation Ticket specifies the fine amount established by
this Bylaw for the offence, make a voluntary payment by submitting to the Clerk
of the Provincial Court, on or before the initial appearance date indicated on the
Violation Ticket, the specified penalty set out on the Violation Ticket.
9.5
When a Clerk of the Provincial Court records the receipt of a voluntary payment
pursuant to Section 61 and the Provincial Offences Procedure Act, the act of
recording constitutes acceptance of the guilty plea and constitutes a conviction
and the imposition of a fine in the amount of the specified penalty.
9.6
Nothing in this Bylaw shall be construed to limit or hinder the ability of the County
to issue an order pursuant to Sections 545, 546, or 645 of the Municipal
Government Act.
10. 0 Vicarious Liability
10.1
For the purposes of this Bylaw, an act or omission by an employee or agent of a
Person is deemed also to be an act or omission of the Person if the act or
omission occurred during the employee's employment with the Person, or during
the agent exercising the powers or performing the duties on behalf of the Person
under their agency relationship.
11.0
Corporations and Partnerships
11.1
When a corporation commits an offence under this Bylaw, every principal,
director, manager, employee, or agent of the corporation who authorized the act
or omission that constitutes the offence or assented to or acquiesced or
participated in the act or omission that constitutes the offence is guilty of the
offence whether the corporation has been prosecuted for the offence.
11.2
If a partner in a partnership is guilty of an offence under this Bylaw, each partner
in that partnership who authorized the act or omission that constitutes the offence
or assented to or acquiesced or participated in the act or omission that
constitutes the offence is guilty of the offence.
12.0
Inspections
12.1
A designated officer, for the purposes of ensuring that the provisions of this
Bylaw are being complied with, may, upon reasonable notice, enter in or upon a
Property, in accordance with Section 542 of the Municipal Government Act, to
carry out an inspection.
13.0
Obstruction
13.1
No Person shall obstruct, hinder, or impede any authorized representative of the
County in the exercise of any of their powers or duties pursuant to this Bylaw.
14.0
Severability
14.1
Each provision of this Bylaw is independent of all other provisions. If a Court of
competent jurisdiction declares any provision invalid for any reason, all other
provisions of this Bylaw shall remain valid and enforceable, and the Bylaw shall
be interpreted as such.
15.0
Exercise of Discretion
15.1
The County has the discretion to enforce this Bylaw and is not liable of any
outcomes should the County or an Enforcement Officer not decide to enforce this
Bylaw if acting in good faith.
16.0
Repeal
16.1
Bylaw 2022-13 is hereby repealed.
READ A FIRST TIME
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READ A SECOND TIME
READ A THIRD TIME AND FINAL TIME
3)
day of fa+
,202\_.
Amber Link, Reeve
7
Brian Henderson, Chief Administrative Officer
Property, in accordance with Section 542 of the Municipal Government Act, to
carry out an inspection.
13.0
Obstruction
13.1
No Person shall obstruct, hinder, or impede any authorized representative of the
County in the exercise of any of their powers or duties pursuant to this Bylaw.
14.0
Severability
14.1
Each provision of this Bylaw is independent of all other provisions. If a Court of
competent jurisdiction declares any provision invalid for any reason, all other
provisions of this Bylaw shall remain valid and enforceable, and the Bylaw shall
be interpreted as such.
15.0
Exercise of Discretion
15.1
The County has the discretion to enforce this Bylaw and is not liable of any
outcomes should the County or an Enforcement Officer not decide to enforce this
Bylaw if acting in good faith.
16.0
Repeal
16.1
Bylaw 2022-13 is hereby repealed.
READ A FIRST TIME
2)
day of
may
.202_.
READ A SECOND TIME
READ A THIRD TIME AND FINAL TIME
3]
day of ma+
,202¥_.
2
day of ce1
,202.
Amber Link, Reeve
7
Brian Henderson, Chief Administrative Officer
Schedule "A"
Section
Description
Penalty
Second
Third
Fourth or
First Offence
Offense
Offence
Subsequent
Offence
4.1 (a)
Cause Noise as to
$250
$500
$1000
$2000
Disturb the Peace
4.1 (b)
Allow Noise to
$250
$500
$1000
$2000
Disturb the Peace
Use Speaker or
4.2(c)
Amplifier to cause
$250
$500
$1000
$2000
unnecessary noise
4.5
Prohibited
$250
$500
$1000
$2000
Construction Activity
4.6
Prohibited
$250
$500
$1000
$2000
Advertising Noise
Fail to Eliminate or
4.7
Abate noise as
$500
$750
$1000
$2000
ordered by a Peace
Officer
Contravene
6.1
Conditions of a
$250
$500
$1000
$2000
Noise Exemption
Permit
--
12.1
Fail to allow
$500
$750
$1000
$2000
Inspection
13.1
Obstruct Peace
$500
$750
$1000
$2000
Officer
Schedule "A"
Section
Description
Penalty
Second
Third
Fourth or
First Offence
Offense
Offence
Subsequent
Offence
4.1 (a)
Cause Noise as to
$250
$500
$1000
$2000
Disturb the Peace
4.1 (b)
Allow Noise to
$250
$500
$1000
$2000
Disturb the Peace
Use Speaker or
4.2(c)
Amplifier to cause
$250
$500
$1000
$2000
unnecessary noise
4.5
Prohibited
$250
$500
$1000
$2000
Construction Activity
4.6
Prohibited
$250
$500
$1000
$2000
Advertising Noise
Fail to Eliminate or
4.7
Abate noise as
$500
$750
$1000
$2000
ordered by a Peace
Officer
Contravene
6.1
Conditions of a
$250
$500
$1000
$2000
Noise Exemption
Permit
12.1
Fail to allow
$500
$750
$1000
$2000
Inspection
13.1
Obstruct Peace
$500
$750
$1000
$2000
Officer