Fort St. James, British Columbia
· No. 993
· adopted 2018-06-27
· summary & facts
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DISTRICT OF FORT ST. JAMES
NOISE REGULATION
BYLAW NO. 993, 2018
A Bylaw to regulate or prohibit the making or causing of noises or sounds in the District of Fort
St. James.
The Council of the District of Fort St. James enacts as follows:
ADMINISTRATIVE PROVISIONS
1.
This bylaw shall be cited as "District of Fort St. James Noise Regulation Bylaw No. 993,
2018."
2.
"Fort St. James Noise Regulation Bylaw No. 752, 2001," as amended, is repealed.
3.
Schedule "A" - Fines is attached to and forms part of this bylaw.
INTERPRETATION
4.
In this bylaw:
a) "All-Terrain Vehicle" means a vehicle propelled by motorized power and capable of
travel on or off a highway, and includes a snowmobile as defined in the Motor
Vehicle (All Terrain) Act and regulations;
b) "Amplified Sound Equipment" means an electronic device or group of connected
electronic devices incorporating one or more loudspeakers or other electro-
mechanical transducers, and intended for the production, reproduction or
amplification of sound;
c) "Auditory Signalling Device" includes bells, gongs, horns, sirens, whistles, or the
production, reproduction or amplification of any similar sounds by electronic
means;
d) "Bylaw Enforcement Officer" means a person appointed by the Municipality as a
Bylaw Enforcement Officer, and includes a Peace Officer;
e) "Construction" includes any work connected to erection, alternation, 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;
DISTRICT OF FORT ST. JAMES NOISE REGULATION BYLAW NO. 991, 2018
f) "Construction Equipment" means any equipment or device designed and intended
for use in Construction;
g) "Conveyance" includes a vehicle and any other device employed to transport a
person or persons or goods from place to place;
h) "Motor Vehicle" included an automobile, motorcycle, and any other vehicle
propelled or driven otherwise than by muscular power, but does not include the
cars of electric or steam railways, or other motor vehicles running only upon rails,
or traction engine, farm tractor, self-propelled implement of husbandry or road
building machine;
i) "Motorized Toy" means a combustion engine which is, or is used in, or is intended
for use in, a toy, or model or replica or a device, which model or replica has no
function other than amusement and which is not a Conveyance;
j) "Moving Sounds" means loading, unloading, delivering, packing, unpacking, or
otherwise handling any containers, products, materials, or refuse whatsoever,
unless necessary for the maintenance of essential services or the moving of private
household effects;
k) "Municipality" means the District of Fort St. James;
l) "Persistent" means enduring or constantly repeated;
m) "Point of reception" means a position that
(a) is within the property line of the real property occupied by the recipient of a
noise or sound,
(b) is located at least 1.2 m above the surface of the ground, and
(c) best represents the location at which the noise or sound, emanating from
another property, is received and the resulting disturbance experienced.
n) "Premises" means the area contained within the boundaries of a legal parcel of
land and any building situated within those boundaries; each unit, the common
areas of the building, and the land within the apparent boundaries of the lot are
each separate premises where a building contains more than one unit of
commercial, industrial or residential occupancy.
o) "Prohibition Period of Time" means
i)
between the hours of 9:00 p.m. one day and 7:00 a.m. the following day;
or,
ii)
if the following day is a Sunday or statutory holiday, between the hours of
9:00 p.m. one day and 9:00 a.m. the following day.
p) "Residential Area" means all areas of the Municipality designated as residential in
DISTRICT OF FORT ST. JAMES NOISE REGULATION BYLAW NO. 991, 2018
the Zoning Bylaw, as amended.
q) "Ventilation Device" includes an autoclave, boiler pressure vessel and any machine
or device that vents, releases, or relieves pressure of air, steam or other gaseous
material, product or compound.
GENERAL PROHIBITIONS
5.
No person shall cause or permit:
a) the Persistent barking, calling or whining or other similar Persistent sound made by
a pet or domestic animal; or
b) any sound made by an animal that is an unprovoked regular pattern of noise or
sound
i)
for a period of more than fifteen (15) minutes; or
ii)
that an Bylaw Enforcement Officer deems to be a nuisance sound if they find
it to be unusual and unnecessary;
c) the Persistent operation of an Auditory Signalling Device, except where required or
authorized by law or in accordance with good safety practices;
d) the operation of an engine retardant brake while operating a Motor Vehicle on a
highway in the District of Fort St. James, except to assist in stopping or slowing
down the vehicle in an emergency.
PROHIBITIONS BY TIME AND PLACE
6.
A person shall not, in a Residential Area,
a) operate a Motor Vehicle other than on a highway or other place intended for its
operation;
b) operate an All-Terrain Vehicle;
c) operate a Motorized Toy;
d) operate Construction Equipment whether in connection with Construction or not
e) operate or use any tool for domestic purposes other than snow removal;
f) operate solid waste bulk lift or other like equipment;
g) operate a Ventilation Device;
h) yell, shout, hoot, whistle or make other vocal noises;
i) cause Moving Sounds; or,
DISTRICT OF FORT ST. JAMES NOISE REGULATION BYLAW NO. 991, 2018
j) operate a commercial car wash
in a manner which results in the emission of a sound which is clearly audible at a Point
of Reception during the Prohibition Period of Time.
7.
A person shall not, in a Residential Area, operate or use any Tool or equipment for the
purpose of repair or maintenance of a Motor Vehicle in a manner which results in the
emission of a sound which is clearly audible at a Point of Reception at any time, except
a) on a maximum of only two (2) days per week, of which only one (1) may be a
Saturday or Sunday; and
b) on a day referred to in Paragraph (a) during any one period of time not exceeding
six (6) consecutive hours between 9:00 a.m. and 7:00 p.m.
8.
A person shall not, in a Residential Area, operate Amplified Sound Equipment in a
manner which results in the emission of a sound which is clearly audible at a Point of
Reception at any time, except
a) on a maximum of only two (2) days per week, of which only one (1) may be a
Saturday or Sunday; and
b) on a day referred to in subsection (a) during any one period of time not exceeding 4
consecutive hours between 11:00 a.m. and 11:00 p.m.
EXCEPTIONS
9.
The emission of sound or vibration in connection with the following acts are excluded
from the prohibitions, regulations, and penalties contained in this bylaw:
a) emergency measures undertaken
i)
for the immediate health, safety or welfare of any person or persons, or
ii)
for the preservation or restoration of property;
unless such sound or vibration is clearly of a longer duration or of a nature more
disturbing than is reasonably necessary for the accomplishment of such
emergency purpose;
b) traditional festive, religious and other activities listed below:
i)
church bells and other like noises;
ii)
fireworks authorized by municipal permit;
iii) special events held under legislation, or by municipal permit; or
iv) parade authorized by municipal or provincial permit;
unless such sound or vibration is clearly of a longer duration or of a nature more
disturbing than is reasonably necessary for the accomplishment of such festive or
DISTRICT OF FORT ST. JAMES NOISE REGULATION BYLAW NO. 991, 2018
religious purpose.
ENFORCEMENT
10. A Bylaw Enforcement Officer is authorized to enter, at all reasonable times, on any
property subject to this bylaw, to ascertain whether this bylaw is being observed.
11. Any person who violates any of the provisions of this bylaw shall,
a) upon summary conviction, be liable to pay a penalty of not more than $1,000.00
per individual offence; or,
b) if an information is laid by means of a ticket, be liable to pay a fine as set out in
Schedule "A" of this bylaw.
READ A FIRST TIME THE 25th DAY OF APRIL 2018
READ A SECOND AND THIRD TIME THE 13 DAY OF JUNE 2018
ADOPTED THE 27 DAY OF JUNE 2018
Rob MacDougall, Mayor
Kevin Crook, Chief Administrative Officer
[Original Signed]
[Original Signed]
DISTRICT OF FORT ST. JAMES NOISE REGULATION BYLAW NO. 991, 2018
SCHEDULE "A" - FINES
The following fines are applicable for the listed offenses when an information is laid by means
of a ticket:
OFFENCE
SECTION
FINE
First
instance
FINE
Second
instance
FINE
Third or
subsequent
instance
Persistent barking, calling or whining
by a domestic pet or other animal
5(a)
$100.00
$250.00
$500.00
Sound made by an animal that is an
unprovoked regular pattern of noise
or sound
5(b)
$100.00
$250.00
$500.00
Operate of an Auditory Signalling
Device
5(c)
$100.00
$250.00
$500.00
Operate engine retardant brake
5(d)
$100.00
$250.00
$500.00
Operate a motor vehicle or All-
Terrain Vehicle other than on a
highway
6(a)
$100.00
$250.00
$500.00
Operate a Motorized Toy
6(b)
$100.00
$250.00
$500.00
Operate Construction Equipment
6(c)
$100.00
$250.00
$500.00
Operate or use any power tool for
domestic purposes other than snow
removal
6(d)
$100.00
$250.00
$500.00
Operate solid waste bulk lift or other
like equipment
6(e)
$100.00
$250.00
$500.00
Operate a Ventilation Device
6(f)
$100.00
$250.00
$500.00
Yell, shout, hoot, whistle or make
other vocal noises
6(g)
$100.00
$250.00
$500.00
Cause Moving Sounds
6(h)
$100.00
$250.00
$500.00
Operate a commercial car wash
6(i)
$100.00
$250.00
$500.00
Operate or use any tool or
equipment for the purpose of repair
or maintenance of a Motor Vehicle
7
$100.00
$250.00
$500.00
Operate Amplified Sound Equipment
8
$100.00
$250.00
$500.00