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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