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"Noise Control Bylaw" No. 1594, 2016 - Consolidated
Page 1
Noise Control Bylaw No. 1594
(With amendments to April 8, 2022)
Consolidated for convenience only:
All persons making use of this consolidation are advised that the amendments have been consolidated for convenience
only, and that the original bylaws should be consulted for all purposes of interpretation and application of the bylaw.
Includes Amendments:
Bylaw No. 1699
Adopted September 11, 2017
"Noise Control Bylaw" No. 1594, 2016 - Consolidated
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CITY OF COLWOOD
BYLAW NO. 1594
A BYLAW TO REGULATE OR PROHIBIT THE MAKING OR CAUSING OF NOISES OR SOUND IN THE MUNICIPALITY
WHEREAS pursuant to the "Community Charter^' Council may, by bylaw, regulate or prohibit certain noises or sounds
that are liable to disturb the quiet, peace, rest, enjoyment, comfort or convenience of individuals or the public.
AND WHEREAS Council considers that it is desirable to regulate or prohibit the making or causing of certain noises or
sounds in the municipality.
NOW THEREFORE, the Council of the City of Colwood, in open meeting assembled, enacts as follows:
"Noise Control Bylaw" No. 1594, 2016 - Consolidated
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1.
CITATION:
This Bylaw may be cited for all purposes as "Noise Control Bylaw" No. 1594, 2016.
2.
REPEAL
The "Colwood Noise Bylaw, 1986" (Bylaw No. 38) and all amendments thereto, are repealed upon the
adoption of Bylaw No. 1594.
3.
INTERPRETATION
In this Bylaw:
"Agronomy Maintenance Equipment" includes but is not limited to a lawnmower, leaf blower, gas powered
weed eater, rototiller, vacuum, and bunker rake.
"Construction" includes erection, alteration, repair, dismantling, demolition, structural maintenance, painting,
moving, land clearing, earth moving, grading, excavating, the laying of pipe and conduit whether above or
below ground level, street and highway building, concreting, equipment installation and alteration, and the
structural installation of construction components and materials in any form or for any purpose, and includes
any work in connection therewith.
"Construction Equipment" means any equipment or device designed and intended for use in construction or
material handling, including, but not limited to, air compressors, pile drivers, pneumatic or hydraulic tools,
bulldozers, tractors, excavators, trenchers, cranes, derricks, loaders, scrapers, pavers, generators, off-highway
haulers or trucks, ditchers, compactors and rollers, pumps, concrete mixers, graders or other material handling
equipment.
"Council" means the Council of the City of Colwood.
"Highway" includes every highway within the meaning of the Highway Act, and every road, street, lane or
right-of-way designed or intended for or used by the general public for the passage of vehicles, and every place
or passage way to which the public, for the purpose of the parking or servicing of vehicles, has access or is
Invited; and every place or passage way owned or operated by the City of Colwood for the purpose of providing
off-street parking.
"Municipal Bylaw Enforcement Officer" means a person appointed by the Municipal Council as a Bylaw
Enforcement Officer and includes a Peace Officer.
"Municipality" means the City of Colwood.
"Peace Officer" means any person employed by the municipality as a Municipal Bylaw Enforcement Officer or
any member of the Royal Canadian Mounted Police or any Municipal Police Officer.
"Point of Reception" means:
a)
any point on premises where sound or vibration originating from other than those premises is
received;
b)
any place on a highway, park or other public place where sound is received from any source.
"Premises" means the area contained within the boundaries of a legal parcel of land, whether subdivided
under the Land Title Act or the Strata Property Act, and includes any building situated on those premises.
"Public Festivities" means a City hosted, sponsored, or supported public event, festivity, parade or
performance or an event approved through a special event permit.
"Statutory Holiday" has the same meaning as under the Employment Standards Act, as amended or replaced
from time to time.
"Noise Control Bylaw" No. 1594, 2016 - Consolidated
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"Truck" means any motor vehicle with a licensed gross vehicle weight over 8,600 kg.
"Motor Vehicle" includes an automobile, motorcycle, and any other vehicle propelled or driven otherwise than
solely by muscular power, but does not include locomotives, railway cars, or other motor vehicles running only
upon rails, or traction engine, farm tractor, self-propelled implements of agriculture or husbandry, or road
building machines.
4.
GENERAL PROHIBITIONS
4.1.
No person shall make, cause or permit to be made any noise or sound in or on a highway, park or
other public place which disturbs or tends to disturb the quiet, peace, rest, enjoyment, comfort or
convenience of the public or of persons in the vicinity.
4.2
No person who is the owner or occupier of, or who is present upon, any premises shall make, cause
or permit to be made any noise or sound which disturbs or tends to disturb the quiet, peace, rest,
enjoyment, comfort or convenience of the public or of persons in the vicinity.
5.
OBJECTIONABLE NOISE
5.1.
Council considers that the acts listed below cause noises or sounds which are objectionable and are
liable to disturb the quiet, peace, rest, enjoyment, comfort or convenience of individuals or the
public;
a)
Playing or operating any radio, stereophonic equipment, television receiving set or other
instrument or any apparatus for the production or amplification of sound, where the noise
or sound is clearly audible at a point of reception in a residential area between the hours of
11:00 p.m. one day and 9:00 a.m. the following day.
b)
Harbouring or keeping any dog, bird or other animal that cries, barks, or howls in a
persistent manner and that may be easily heard by a person not on the same premises.
c)
Operating any vehicle, except for buses and trucks, in a manner which creates or emits a
noise or sound which is audible beyond 150 metres in any direction from the vehicle.
d)
Idling or continuously running of a diesel engine, a truck or bus for more than 15 minutes at
the same location, except where the truck or bus is located within a garage or depot
intended to be used for the long-term parking of that vehicle.
e)
Using a lawnmower, leaf blower, gas powered weed eater or rototiller before 7:00 a.m. or
after 9:00 p.m on any day.
5.2
No person shall make, cause or permit to be made a noise or sound described in section 5.1.
6.
CONSTRUCTION / COMMERCIAL NOISE
6.1
Council considers that the acts listed below cause noises or sounds which are objectionable and are
liable to disturb the quiet, peace, rest, enjoyment, comfort or convenience of individuals or the public:
a)
Construction on any premises or on a highway, park or other public place before 7:00 a.m.
or after 7:00 p.m., Monday to Saturday, and at all times on Sundays and Statutory Holidays.
b)
Creating noise or sound by the operation of drills, compressors or other equipment used to
prepare land for blasting before 8:00 a.m. or after 5:00 p.m., Monday to Saturday, and at all
times on Sundays and Statutory Holidays.
c)
Loading, unloading, delivering, collection, packing, unpacking, or otherwise handling any
containers, construction equipment, products, material, or refuse whatsoever before 7:00
a.m. or after 7 p.m. on any day in any residential area.
6.2
No person shall make, cause or permit to be made a noise or sound described in section 6.1
"Noise Control Bylaw" No. 1594, 2016 - Consolidated
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6.3
Section 6.1(a) does not apply to home repairs or home maintenance, or to the construction of
accessory buildings and structures on residential property, when carried out by the owner or occupier
of the property on a Sunday or Statutory Holiday between the hours of 10:00 a.m. and 5:00 p.m.
7.
EXEMPTIONS
7.1
The emissions of noise or sound in connection with the following are excluded from the
prohibitions, regulations and penalties contained in this Bylaw:
a.
Police, Fire Department or Emergency vehicles when engaged upon a service of public
convenience or necessity.
b.
Horn or signaling device on a boat, train or vehicle when used as a danger or warning signal.
c.
The activities of a local government, other government or utility company when providing a
service to the public, including but not limited to the construction or repair of a highway or
other public work, or while engaged upon a service of public convenience or necessity.
d.
Bells or chimes from churches or public institutions.
e.
The unloading, loading, pick up or delivering of containers, products, materials, or any other
item or thing that is necessary for the maintenance of essential services or the moving of
household effects.
f.
Noise or sound created in connection with emergency measures undertaken for the
immediate health, safety or welfare of individuals or for the preservation or restoration of
property.
g.
Noise or sound created from parades or public festivities authorized by the City.
h.
During the months of April through September the Royal Colwood Golf Club is permitted to
use agronomy maintenance equipment between the hours of 6:30 a.m. and 9:00 p.m.
8.
INSPECTION
A Municipal Bylaw Enforcement Officer or Peace Officer is hereby authorized to enter, at all reasonable times,
on any premises to ascertain whether the requirements of this Bylaw are being met or the regulations
contained in this Bylaw are being observed.
9.
OFFENCE AND FINE
9.1
A person who contravenes a provision of this Bylaw is guilty of an offence and is liable:
a)
upon summary conviction, to a penalty of not less than $200.00 and not more than
$10,000.00; or,
b)
if an information is laid by means of a Municipal Ticket Information in accordance with the
Municipal Ticket Information Bylaw, to a fine as stipulated in Schedule 'A' of this Bylaw.
9.2
Each day that a contravention of this Bylaw occurs or continues shall constitute a separate offence.
10.
SEVERABILITY
If any section or subsection of this Bylaw is found to be invalid by a Court of competent jurisdiction, the
section or subsection may be severed from the Bylaw without affecting the validity of the remainder of the
Bylaw.
"Noise Control Bylaw" No. 1594, 2016 - Consolidated
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READ A FIRST TIME THIS 5TH DAY OF DECEMBER 2016.
READ A SECOND TIME THIS 5TH DAY OF DECEMBER 2016.
READ A THIRD TIME THIS 5TH DAY OF DECEMBER 2016.
ADOPTED BY THE MUNICIPAL COUNCIL OF THE CITY OF COLWOOD THIS 19TH DAY OF DECEMBER, 2016
MAYOR
CORPORATE OFFICER