Dawson Creek, British Columbia
· adopted 2006-08-14
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THE CORPORATION OF THE CITY OF DAWSON CREEK
NOISE CONTROL BYLAW NO. 3873, 2006
CONSOLIDATED FOR CONVENIENCE ONLY
This is a consolidation of the bylaws listed below. Amendments have been incorporated with the
parent bylaw for convenience only. This consolidation is not a legal document. Certified copies of the
original bylaws should be consulted for all interpretations and applications of the subject bylaw.
Amendment Bylaw 4193, 2013
Amendment Bylaw 4237, 2014
Amendment Bylaw 4294, 2016
Noise Control Bylaw No. 3873, 2006
Page 1 of 3
THE CORPORATION OF THE CITY OF DAWSON CREEK
BYLAW NO. 3873
A Bylaw of the Corporation of the City of Dawson
Creek to provide for the regulation and prohibition
of certain noises and sounds.
WHEREAS the Community Charter provides Council with the authority, by bylaw, to regulate or prohibit
the making or causing of certain noises or sounds within the City; and
WHEREAS Council deems it necessary and desirable to regulate or prohibit noises or sounds that disturb
the quiet, peace, rest, enjoyment, comfort or convenience of persons in the vicinity, or the public;
NOW THEREFORE the Council of the City of Dawson Creek in open meeting assembled, enacts as
follows:
SECTION 1 - TITLE
1.1. This Bylaw may be cited for all purposes as the Dawson Creek Noise Control Bylaw No. 3873, 2006.
SECTION 2 - DEFINITIONS
2.1 In this Bylaw the following words and terms have the following meanings assigned to them:
"Bylaw Enforcement Officer" means a person or persons appointed from time to time by resolution of
City Council pursuant to Section 36 of the Police Act, the purpose of which is to enforce
regulatory bylaws of the municipality;
"Council" means the Municipal Council of the City of Dawson Creek;
"City" means the Corporation of the City of Dawson Creek;
"Director of Development Services" means a person appointed in accordance with the City of Dawson
Creek Appointment of Officers Bylaw, as amended from time to time, and includes any other person
authorized to act on behalf of the Director of Development Services."; and
"Licensed" means holding a valid business license issued by the City.
SECTION 3 - PROHIBITED NOISES AND SOUNDS
3.1 a. No person shall make or cause, or permit to be made or caused, any noise or sound that
disturbs the quiet, peace, rest, enjoyment, comfort or convenience of a person or persons in the
vicinity.
b. No owner, tenant or occupier of a parcel shall allow that property to be used so that a noise or
sound that originates from that parcel disturbs the quiet, peace, rest, enjoyment, comfort or
convenience of two or more persons within 100 metres of the parcel.
Noise Control Amendment Bylaw No. 4294, 2016
Page 2 of 3
SECTION 4 - EXEMPTIONS
4.1 Despite the prohibitions in sections 3-4 of this Bylaw, the following noises are permitted:
a.
Noise from police, fire, ambulance or other emergency vehicles;
b.
Noise from snow removal or highway cleaning operations;
c.
Noise from the operation of a public address system required under a building or fire code;
d.
Noise from bells or chimes for the announcing of public worship services;
e.
Noise from amplified music or speech in a licensed theatre, club, restaurant, pub or other
licensed entertainment facility between noon and 2:00 a.m.;
f.
Noise from a licensed business within an area zoned for commercial uses during the hours from
8:00 a.m. to 8:00 p.m.;
g.
Noise from a licensed business within an area zoned for industrial use twenty-four (24) hours
per day;
h.
Noise from a construction site -
i)
No person in the City shall on any day before 07:00 hours (7:00 A.M.) or after
22:00 hours (10:00 P.M.), construct, erect, reconstruct, alter, repair or
demolish any buildings, structure 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;
ii)
No person in the City shall for profit or gain on a Sunday, construct, erect,
reconstruct, alter, repair, or demolish any building or thing, 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;
iii)
Where it is impossible or impractical to comply with section (h), the Director of
Development Services may give written approval to carry on the work that is
found to be necessary at designated hours. Responsibility for obtaining written
approval lies with the person carrying on the work.
i.
A horn from a motor vehicle, boat or train where it is necessary to warn of a danger or a hazard.
j.
A person may shout into or use a megaphone or other noise-making or noise-amplifying device
within the City, only after requesting and obtaining written permission from the Director of
Development Services.
k.
Noise from a municipal or provincial utility vehicle or vehicles of a public utility corporation
while engaged in their duties.
SECTION 5 - ENFORCEMENT
5.1
Any person designated as a Bylaw Enforcement Officer pursuant to the City of Dawson Creek's
Bylaw Enforcement Notice Bylaw or Dawson Creek's Municipal Ticket Information Bylaw is
Noise Control Amendment Bylaw No. 4294, 2016
Page 3 of 3
hereby authorized and empowered to enforce the provisions of this Bylaw by the Bylaw Notice
Enforcement Bylaw No. 4277, 2016 as amended from time to time, or by the Municipal Ticket
Information System Bylaw No. 4278, 2016 as amended from time to time.
5.2
No person shall do any act or suffer or permit any act to be done in contravention of this bylaw.
5.3
No person shall obstruct or impede a bylaw officer in lawful performance on any property, at all
reasonable times, in order to ascertain whether such regulations are being observed as per
Section 16 of the Community Charter.
5.4
Each day that an offence against this bylaw continues shall be deemed a separate and distinct
offence.
5.5
A person who contravenes any provision of this bylaw is liable to a fine of not more than
$10,000.00 and not less than $100.00 for each offence.
5.6
Any penalty imposed pursuant to this bylaw shall be in addition to, and not in substitute for, any
other penalty or remedy imposed pursuant to any other applicable statue, law, or legislation.
SECTION 6 - ADMINISTRATION
6.1
If any provision of this bylaw is declared or held to be illegal, invalid, or ultra vires, in whole or in
part, then the provision shall not apply and the remainder of this bylaw shall continue in full force
and effect and be construed as if it had been enacted without the illegal, invalid, or ultra vires
provision.
The City of Dawson Creek Noise Control Bylaw No. 2311, 1982 is repealed and replaced by this Bylaw.
READ a first time this
10
day of
July
,2006.
READ a second time this
10
day of
July
,2006.
READ a third time this
10
day of
July
,2006.
ADOPTED this
14
day of
August
,2006.
CERTIFIED A TRUE AND CORRECT COPY of Bylaw
No. 3873 cited as "NOISE CONTROL BYLAW NO.
3873, 2006".
The Corporate Seal of THE CORPORATION OF THE
CITY OF DAWSON CREEK was affixed in the
presence of:
Original Signed By
Original Signed By
John Malcolm
Corporate Administrator
Calvin Kruk - Mayor
Original Signed By
John Malcolm - Corporate Administrator