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VILLAGE OF BELCARRA
BY-LAW NO. 40
Being a By-law to regulate noise within the Village of Belcarra
WHEREAS under the provisions of section 932(c) of the Municipal Act, being Chapter 290 of
the Revised Statutes of British Columbia, 1979, as amended, the Council of a municipality is
empowered to enact a by-law to regulate or prohibit the making or causing of noises or sounds in
or on a highway or elsewhere in the municipality which disturb, or tend to disturb, the quiet,
peace, rest, enjoyment, comfort, or convenience of the neighbourhood, or of persons in the
vicinity, or which in the opinion of Council are objectionable or liable to disturb the quiet, peace,
rest, enjoyment, comfort, or convenience of individuals or the public and may make different
regulations or prohibitions for different areas of the municipality;
NOW THEREFORE, the Municipal Council of the Village of Belcarra, in open meeting
assembled, enacts as follows:
1.
This by-law may be cited as the "Village of Belcarra Noise Control By-law, 1981, No.
40".
2. DEFINITIONS
a)
"Village" means the Village of Belcarra or the area within the boundaries thereof
as the context may require;
b)
"Council" means the Municipal Council of the Village of Belcarra;
c)
"Inspector" means the person or persons appointed from time to time by the
Village Council to enforce and administer this by-law and shall include any Peace
Officer;
d)
"Noise" includes any loud outcry, clamour, shouting or movement, or any sound
that is loud or harsh or undesirable;
e)
"Peace Officer" shall have the same meaning as in the Interpretation Act being
Chapter 206 of the Revised Statutes of British Columbia, 1979, plus the person or
persons who are appointed to enforce and administer this by-law;
f)
"Person" includes any company, corporation, owner, partnership, firm,
association, society or party;
g)
"Property" means real property and includes land, other than a highway, together
with all improvements which have been so affixed to the land as to make them in
fact and in law a part thereof.
3. GENERAL REGULATIONS
a)
No person shall make or cause to be made, either on a highway or elsewhere in
the Village, any loud or objectionable noise which disturbs the quiet, peace, rest,
enjoyment, comfort or convenience of the neighbourhood or of persons in the
vicinity by any means whatsoever.
b)
No person shall keep any animal or bird which by its cries, barks, chirps or other
noises, disturbs the quiet, peace, rest, enjoyment, comfort or convenience of the
neighbourhood or of persons in the vicinity.
Noise Control
By-law No. 40
Page Two
c)
No person shall carry on or cause to be carried on works in connection with the
construction, reconstruction, alteration or repair of any building, structure, or
highway, or in connection with any excavation or other operation, or operate
any kind of machine or engine in such a manner as to disturb the quiet, peace, rest,
enjoyment, comfort or convenience of the neighbourhood or of persons in the
vicinity, on a Sunday or between the hours of 9:00 o'clock in the evening and 7:00
o'clock in the morning of any other day in the week.
4.
The provisions of this by-law shall not apply to a police constable, fire or ambulance
employee acting as such.
5.
Every person who offends against or violates any of the provisions of this by-law, or who
suffers or permits any act or thing to be done in contravention or in violation of any the of
the provisions of this by-law, or who neglects to do or refrains from doing anything
required to be done by any of the provisions of this by-law, shall be guilty of an infraction
of this by-law and shall be liable, upon summary conviction, to a fine not exceeding
$500.00 and to imprisonment for six months.
READ a first time by the Municipal Council this 21st day of September, 1981.
READ a second time by the Municipal Council this 21st day of September, 1981.
READ a third time by the Municipal Council this 5th day of October, 1981.
RECONSIDERED AND FINALLY ADOPTED this 19th day of October, 1981.
V. C. Barrett
G. W. Holland
Mayor
Clerk
By-law No. 40 was registered in the office of the Inspector of Municipalities on the 27th day of
October, 1981.