Daajing Giids, British Columbia
· No. 48
· adopted 2011-04-18
· summary & facts
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A Bylaw to regulate,
prohibit, and impose requirements
in relation to noise in the Village of
Queen Charlotte
WHERASthe Council of the Village of Queen Charlotte has the authority to regulate,
prohibit, and impose requirements
in relation to noise that is liable to unreasonably disturb the
quiet, peace, rest, enjoyment,
comfort or convenience
of individuals or the public;
NOW THEREFOREthe Council of the Village of Queen Charlotte, in open meeting
assembled, enacts
as follows:
Title
1. This Bylaw may be cited for all purposes
as the ''village of Queen Charlotte Noise
Regulation Bylaw No.48, 2011."
Interpretation
2.
In this Bylaw:
(a) "Council" means the Council of the Village of Queen Charlotte;
(b) "Bylaw Enforcement Officer" means the Chief Administrative Officer, member ofthe
R.C.M.P. , or other person who may be appointed
by Council;
(c) "Village" means the Village of Queen Charlotte;
(d) "Weekdays" means Sunday night to Friday morning;
(e) "Weekends" means Friday night to Sunday morning.
Prohibited Noise
3.
No person shall make or cause, or permit to be made or caused, in or on a highway or
public place in the Village, any noise which unreasonably disturbs or is liable to
unreasonably disturb the quiet, peace, rest, enjoyment, comfort, or convenience
of
individuals or the public.
property
property,
permit
property
to be used, so that a noise which originates from such real property
unreasonably disturbs or is liable to disturb the quite, peace, rest, enjoyment,
comfort,
or convenience
of individuals or the public.
1of5
VILLA
GE
O
F
QUE
EN
CHARLOTT
E
NOIS
E
BNO.
48,
2011
P
a
5.
Without limiting the generality of Section 3 or 4 of this Bylaw, no person shall cause or
permit:
(a)
(b)
(C)
(d)
(e)
any amplified music or speech which is audible between the hours of 11:00 p.m.
and 7:00 a.m. on weekdays, or between the hours of 11:00 p.m. and 9:00 a.m. on
weekends, outside the premises on the real property
from where the music or
speech originates or is reproduced and which unreasonably disturbs the quiet,
peace, rest, enjoyment, comfort, or convenience of individuals or the public;
any calls, cries, barks, or other noises made by an animal which are audible between
the hours of 11:00 p.m. and 7:00 a.m. on weekdays, or between the hours of 11:00
p.m. and 9:00 a.m. on weekends, outside the premises where the animal is kept and
which unreasonably disturbs the quiet, peace, rest, enjoyment,
comfort, or
convenience
of individuals or the public;
any noise made by the operation
of any machinery or equipment
between the hours
of 11:00 p.m. and 7:00 a.m. on weekdays or between the hours of 11:00 p.m. and
9:00 a.m. on weekends and which unreasonably
disturbs the quiet, peace, rest,
enjoyment,
comfort, or convenience
of individuals or the public;
any noise made in the construction,
reconstruction,
alteration, repair, or demolition
of any building, structure,
or thing, including the excavation
or filling of land,
between the hours of 11:00 p.m. and 7:00 a.m. on weekdays or between the hours
of 11:00 p.m. and 9:00 a.m. on weekends and which unreasonably disturbs the
quiet, peace, rest, enjoyment,
comfort, or convenience
of individuals or the public.
The provisions ofthis part shall not apply to or be enforced against the operation
of
machinery or equipment
or any construction,
building, demolition, excavation,
by a resolution of Council.
Exemptions
6.
This B
y
la
w
does
not
apply
tonoise
produced
by:
eme
rgen
cy
response
vehicles
and
equipment
proceeding
upon
or
engaged
in
an
emerge
ncy;
Pa
ge
2of
5
Inspection
7.
Subject to requirements
of the BCCommunity Charter
abyla
w
enforcemen
t
officer
may enter
on any property
at any reasonable time for th
e
p
ur
p
os
e
of
ascertaining
whether the regulations and requirements
of this Bylaw bein
g
observed.
No Interference
8.
No person shall obstruct or interfere with a bylaw enfor
ceme
nt
officer
inthe
performance
of his or her duties under this Bylaw.
Offences and Penalties
9.
Any person who contravenes
this Bylaw is liable upon s
u
convictio
n
toafine
and
the cost of prosecution.
Every day during which there i
s
infr
acti
on
of
this
Bylaw
shall
constitute
a separate
offence.
10. This Bylaw is designated pursuant
to s. 264(1)(a) of the Charter,
S.B.C.
2003,
c. 26 as a bylaw enforceable by means of a ticket in the presc
ribed
inthe
Community Charter BylawEnforcementTicket Regulatio
n,
B.
C.
Reg.
425/2003
.
11. Allpersons acting on behalf of the Village for the purpos
e
ofenfo
rce
men
t
of
the
Village's bylaws and members of the R.C.M.P. are desig
nated
pursua
nt
tos.264(1)(b)
of
(b) the excavation, filling, construction,
reconstruction,
a
lt
e
r
a
ti
o
n
,
or
repair
of
streets,
highways, public works, infrastructure, or lan
ds
by
the
Village's
employees or agents,
as required to respond to an e
m
er
ge
nc
y
or
toensure
the safety ofthe public.
(c) snow removal or highway cleaning operations
on a hi
g
h
w
a
y
orpublic
place;
(d) the operation
of a public address system,
or alarm sy
ste
m,
requir
ed
under
a
building or fire code;
(e) special events
permitted by Council;
(f) an animal impoundment
facility or shelter;
(g) activities associated with commercial fisheries operati
ons
and
fish
guides;
(h) commercial delivery vehicles, or their operators,
or a
n
y
ot
he
r
noise
associated with the regular course of the delivery or of
commerc
ial
goods;
(i) BCFerries operations
in Skidegate Landing;
(j) the landing and takeoff of helicopters from the heli-
pad
or
float
planes;
(k) industrial activity on property
zoned industrial and in
cl
u
di
n
g
the
loading
of
the log barge in Bearskin Bay;
P
a
g
e
3of
5
the Community Charter, a
s
b
y
l
a
enforce
ment
officers
for
the
purpose
of
enforcing
this
Bylaw.
12. The words or expressions fort
h
inColumn
1of
Schedule
"A"
of
the
Bylaw
are
authorized pursuant
to s. of
the
Community
Charter
todesignate
the
offence
committed underthe
byl
aw
se
cti
on
number
appearing
inColumn
2opposite
the
respective
words or expre
ssions
.
13. The amounts
appearing
i
n
3of
Schedule
"A"
of
this
Bylaw
are
the
fines
established by Council pur
sua
nt
tos.265(1)(a)
of
the
Community
Charter
for
the
corresponding offence de
si
gn
at
ed
inColumn
1.
Carol
ulesha, Mayor
mish, Chief Administr
ative
Offic
er
Severability
14. If sec
tio
n
orlesser
portion
ofthis
Bylaw
isheld
tobe
invalid
by
aCourt,
such
inv
ali
dit
y
shall
not
affect
the
remaining
portions
of
the
Bylaw.
READA FIRS
T
this
21"
day
of
February,
2011.
READA SEC
OND
TI
ME
this
21"
day
of
March.
2011.
READA THIR
D
this
4"'
day
of
April,
2011.
AP
PR
O
V
E
D
AND
ADOPTED
this
18"'
day
of
April,
2011.
P
a
g
e
4of
5
SCHEDULE"A" OF BYLAWNO. 48, 2011
enforcement officer
Offence Committed
Bylaw Section
Fine
No.
Noise on highway or
3
1"Offence $50.00
public place contrary
to
byiaw
Subsequent
Fine $100 per offence.
Noise on premises
4
1"Offence $50.00
contrary
to bylaw
Subsequent
Fine $100 per offence.
Amplified music or
5(a)
1"Offence $50.00
speech during
prohibited period
Subsequent
Fine $100 per offence.
Noisy animal during
5(b)
1"Offence $50.00
prohibited period
Subsequent Fine $100 per offence.
Noise from machinery
5(c)
1"Offence $50.00
or equipment
during
prohibited period
Subsequent
Fine $100 per offence.
Noise from construction
5(d)
1"Offence $50.00
during prohibited period
Subsequent Fine $100 per offence.
Interference with bylaw
8
$250.00
I hereby certify that th
e
a
b
o
v
e
istrue
and
correct
copy
of
''''village
of
Queen
Charlotte
Noise
Regulation Byla
o.
48
,
20
11
."
asadopted
by
Council
of
the
Village
of
Queen
Charlotte
on
the 18th da
'
rate Officer
Pa
ge
5of
5