Noise Control Bylaw No. 3692, 2010

Cranbrook, British Columbia · adopted 2010-01-01

This is the exact embedded text of the captured official document. Snapshot 5f4fee4ba416 · verified 2026-06-08 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

THE CORPORATION, OF THE CITY OF CRANBI!OOK BY-LAW NO. 2612 A By-law to regulate noise within the City of Cranbrook . .. e Municipal Council of The Corporation of the City of Cranbrook, In open meeting assembled, enacts as follows: WHEREAS, under the provisions of Section 932(c) of the Municipal Act, being Chapter 290 of the Revised Statutes of British Columbia, 19~9, the Council of a Municipality is empowered to enact a By-law to regulate or prohibit the making or:.~auslng 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 nelghbou~hood, o~ of persons In the vicinity, or which in the opinion of the Council are objectionable or liable to disturb the quilt, peace, rest, enjoyment, comfort, or convenience of individuals or the publlc"and may make different regulations or prohibitions fOl' diffel'cnt areas of the Municipality; , This By-)aw may be cited as the "Cranbrook Noise Control Oy-lnw, IgOR". A. DEFINITIONS 1. (a I Words defined In th~ "Motor Vehicle Act" being Chapter 2BB of the Revised Statutes of Urltish Col'umbia, 1979 and the "Municipal Act" nevised Statutes of British Columbia Chapter 290, 1979, shall have the same meaning when used in this By-law unless defined in this By-law or unless. the context otherwise requires. (bl In this By-law, unless the context otherwise requires: (1) (i I) ( II I) ( I v I (vI ( vI) ( vi I ) ,"City" means the City, of Crnnbrook or the area within the boundarlos thereof as ,the context may require; "Council" means the Municipal Council of Crnnbrook; "Inspector" means the person or persons appointed from time to time by City Council to enforce and administer this By-law nnd shall 'include ,any I'eace Officer; "Noise" Includes any loud outel'y, clnmo,ur, shouting or movement, or any sound, thRt Is loud or harsh or undesirable; I "Peace Officer" shall have the same meaning ns In the Interpretation Act being Chnpter 206 of the Revised Statutes of British Columbin, 1979, plus ~he Person or persons who are appointed to enforco .. nnd ,ndmini stCl' this By-law; "Person" includes any company, ccirlloratlon, owner, partnership, firm, association, society or party; "Property" means real property and includes land, other than a highway, together with all improvements which have been so affixed to the l~ne as to make them in fact and in law a part thereof. BY-LA" NO. 2612 Page 2. B. GENERAL REGULATIONS 1. 2. 3. ' 4. 5. No person shall make or cause, or permit to be made or caused any no'ise in or on a public or private place which disturbs or tends' to disturb the quiet, 'peace, rest, enjoyment, comfort, or convenience of any person or persons in the neighbourhood or ViCinity. ; No person being, the owner, tenant or occupier of real property shall allow',or permit 'such real property to be use~ so that noise 'or sound which emanates therefrom, disturbs or tends to disturb, the quiet,' peace, rest, enjoyment, comfort, or conven- ience of any person or persons in the neighbourhood or vicinity. No person shall play or ,operate any radio, stereophonic equip- ment or other instrument or any apparatus for the production or amplification pf sound either in or on private premises or in any public place in such manner as to disturb the quiet, peace, ~est, enjoyment, comfort'or cDnvenien~e of the neigh- bourhood or of persons in the vicinity. No perso,n'shall own, keep or harbour any animal or bird which by its cries unduly disturbs the peace, quiet, rest or tran- quility of the surrounding neighbourhood or the public at 1 a rge'., No hawker, huckster, pedlar, news.endor, or other person shall by his intermittent or reiterated cries disturb the quiet, peace, rest, enjoyment, comfort or convenience of individuals 'or the public. C. CONSTRUCTION HOURS 1. No person in the City shall on any day oefore 07:00 hours or after 22:00 hours, construct, erect, reconstruct, alter, repair or demolish any building" structure or thing or excavate or fill in larid in any manner which djsturbs the quiet, peace, rost, enjoyment, comfort or c6nvenience of the neighbourhood or of persons in the vicinity. ' 2. No person in the City shall for profit or gain on' a Sunday construct, erect, reconstruct, alter, repair or demolish any bUilding or thing, or excavate or fill in land in any manner which disturbs the quiet, peace, rest, enjoyment, comfort or convenience of the neighbourhood or of persons in the vicinity. 3. Where it is impossible or impractical to comply with this section, the City Engineer may give written approval to carryon the work that js found to be necessary at designated hours. D. OTHER Responsibility for obtaining written approval lies with the person carrying on the work. 1. No person shall operate any outdoor public address system in the City without first having obtained a permit t~erefor. ?. No person shall operate a snow vehicle, motorboat or motorcycle which makes or causes noise. 3. Notwithstanding any provisions of this By-law any person(s) may perform works of an emergency nature for the preservation"or protection of life, health or property but the onus shall be on the person(s) performing the work to show cause that the work was of an emergency nature. " BY-LAH NO. 2612 Page 3. E. PENALTY SECTION 1. Every person who violates any of the provisions of this By-law or who sufferi or permits 'any act Or thing to be done in contravention or in violation of any ufo the' provision~ of this By-law, who neglects to do or refrains from doing anything required to be done by any of the provisions of this By-law or who does any act which violates any of the provisions of,this By-law, is guilty of an offence against this By-law and liable to the , penalties hereby imposed. Each day that a violation continues to exist shall constitute a separate offence. 2. Every 'person who commits an offence against this By-law Is liable to a fine and penalty of not more than 'Two Thousand Dollars ($2,000.00) and not less than One 'Hundred Dollars ,($100.00) for ea~h offence, and in default of payment thereof, forthwith or withln'such time as the pr,esldlng Provincial Court Judge or Justice of the Peace shall direct, the fine imposed shall be recoverable under the provisions of the Offence Act, R.S.B.C., 1979, Chapter 305, and all amendments thereto. REPEAL By-laws No. lIDS .nd 1159 are hereby r~pealed. Read a first, second and third time this 10th day of May, 19S2. Reconsidered, finally passed, adopted and numbered 2612 this 25th day of MaY, 1982. City