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CITY OF FORT ST. JOHN
NOISE REGULATION BYLAW NO. 2507, 2019
A bylaw to regulate, prohibit, and impose requirements in relation to noise and vibration in
the City of Fort St. John
WHEREAS, Council of Fort St. John has the authority to regulate, prohibit, and impose
requirements in relation to noise and vibration that tends to disturb the quiet, peace, rest,
enjoyment, comfort or convenience of individuals or the public;
NOW THEREFORE, Council of the City of Fort St. John in open meeting assembled, enacts as
follows:
TITLE
1.
This Bylaw may be cited for all purposes as the "City of Fort St. John Noise Regulation
Bylaw No. 2507, 2019."
INTERPRETATION
2.1
In this Bylaw:
"Animal" means any domestic animal including birds and fowl;
"City" means the City of Fort St. John;
"Construction Noise" means any noise, sound or vibration made on or associated with a
construction site:
a.
in carrying on work in connection with the construction, reconstruction,
alteration, repair, or demolition of any building, structure or thing;
b.
in carrying on any excavation, clearing, grading, filling or other operation; or
c.
in moving, or operating any machine, engine or equipment;
"Contractor" means a person/company employed to provide supplies or perform
services,
"Director of Planning and Engineering" means the staff person employed by the City in
this position or his/her alternate during the Director's absence.
"Person" includes any company, corporation, owner, partnership, firm, association,
society or party;
City of Fort St. John Noise Regulation Bylaw No. 2507, 2019
Page 2
INTERPRETATION
2.2
Unless otherwise provided in this Bylaw, words and phrases used herein have the same
meanings as in the Community Charter, Local Government Act and the Interpretation Act
as the context and circumstances may require. A reference to an Act in this Bylaw
refers to a statute of British Columbia and a reference to any statute, regulation, bylaw
or other enactment refers to that enactment as it may be amended or replaced from
time to time. Words in the singular include the plural and words in the plural include
the singular. Headings are for convenience only and must not be construed as defining
or limiting its scope or intent.
2.3
If any part of this Bylaw is held to be invalid by a court of competent jurisdiction, the
invalid part is severed and the remainder continues to be valid.
REGULATIONS
3.
No person shall make or cause, or permit to be made or caused, any noise, sound or
vibration in or on a public 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.
4.
No person shall use or permit such property to be used so that noise, sound or vibration
emanating from the property disturbs or tends to disturb the quiet, peace, rest,
enjoyment, comfort, or convenience of any person or persons in the neighbourhood or
vicinity.
5.
Without limiting the generality of Sections 3 and 4, the following noises, sounds and
vibrations are deemed to disturb the quiet, peace, rest, enjoyment, comfort or
convenience of individuals or the public and are generally prohibited:
a.
between the hours of 10:00 pm and 8:00 am, use of a megaphone, microphone
or other voice amplification device, shouting, clamouring, banging or making
similarly disruptive sounds, whether produced outdoors or from within a
premises that can be heard from outside, unless the sounds are made to warn
of or address a safety risk, threat, emergency, or other practical necessity to
obtain attention or help in such situations;
b.
between the hours of 10:00 pm and 8:00 am, noise or sound from a radio,
television, player or other sound equipment or playback device, public address
system, amplification equipment, musical instrument, whether recorded or live,
whether amplified or not, and whether produced outdoors or from within a
premises that can be heard from outside;
City of Fort St. John Noise Regulation Bylaw No. 2507, 2019
Page 3
REGULATIONS
5.
Without limiting the generality of Sections 3 and 4, the following noises, sounds and
vibrations are deemed to disturb the quiet, peace, rest, enjoyment, comfort or
convenience of individuals or the public and are generally prohibited: (continued)
c.
between the hours of 8:00 pm and 8:00 am, noise or sounds permitted to be
made or caused by any kept or harboured animal, other than in relation to a
farm operation occurring in a farm area or to a licensed animal shelter,
veterinary clinic, impoundment or kennel facility.
d.
a dog whose owner permits or causes the dog to cry or bark in a manner which
disturbs quiet, peace, rest enjoyment, comfort of convenience of the
neighbourhood or of persons in the vicinity of the place where the dog is kept.
e.
noise or sound made by a horn, alarm or other warning device and continuing
for a period, or periods, totaling three (3) minutes or more in any fifteen (15)
minute period except in circumstances where deemed necessary as a danger or
warning signal.
6.
Construction noise made or caused, or permitted to be made or caused shall not be
permitted:
a.
before 7:00 am or after 10:00 pm on any day other than Sunday or a statutory
holiday;
b.
on a Sunday or statutory holiday if the contractor is receiving profit or financial
compensation for services,
c.
where it is impossible or impractical to comply with Section 6(a) or 6(b), the
Director of Planning and Engineering or his/her alternate may give written
approval to a contractor carry on the work that is found to be necessary outside
of the designated hours above. This permission will be subject to the
contractor hand delivering written notification to affected property owners
within a hundred meter (100m) radius three (3) days prior to the work
commencing.
EXEMPTIONS
7.
This Bylaw does not apply to:
a.
police, fire or ambulance service personnel operating vehicles and equipment
pursuant to their work or otherwise responding to an emergency;
City of Fort St. John Noise Regulation Bylaw No. 2507, 2019
Page 4
EXEMPTIONS
7.
This Bylaw does not apply to: (continued)
b.
municipal or government personnel or contractors carrying out work on behalf
of the City or government, as applicable, including but not limited to snow
removal, construction, alteration, excavation, maintenance and repair of
highways, public works, infrastructure, buildings, structures, parks and other
lands;
c.
the use of bells or chimes for announcing of public worship services;
d.
the operation of a public address or alarm system, required under the Building
or Fire Code;
e.
farm operations within the Agricultural Land Reserve or other farming area that
are in accordance with section 2 of the Farm Practices Protection (Right to
Farm) Act.
BYLAW ENFORCEMENT
8.
No person shall hinder, obstruct or interfere with a staff member authorized to inspect
or enforce this Bylaw while in the performance of his or her duties.
9.
Any person designated as a Bylaw Enforcement Officer pursuant to the City of Fort St.
John's Bylaw Enforcement Notice Bylaw or Fort St. John's Municipal Ticket Information
Bylaw is hereby authorized and empowered to enforce the provisions of this Bylaw to
the Bylaw Notice Enforcement Bylaw No. 2428, 2018, as amended from time to time, or
by the Municipal Ticket Information System Bylaw No. 2429, 2018 as amended from
time to time.
OFFENCES AND PENALTIES
10.
Every person who:
a. contravenes any provision of this Bylaw is liable to the City for and must indemnify
the City from all costs, expenses, damages and injury resulting from the
contravention. This does not in any way limit any other provision or any other
remedy the City may have under this bylaw or otherwise at law; or
b. permits, suffers or allows any act or thing to be done in contravention of this Bylaw;
or
c. fails or neglects to rectify the offence as required to be done under this Bylaw,
City of Fort St. John Noise Regulation Bylaw No. 2507, 2019
Page 5
OFFENCES AND PENALTIES
10.
(continued)
is liable to a fine identified in Schedule A - Municipal Ticket Information Offences,
attached and forming part of this Bylaw.
11.
Where an offence continues for more than one day, separate fines may be issued for
each day or part thereof in respect of which the offence occurs or continues.
12.
Nothing in this Bylaw limits the City from utilizing any other remedy that is otherwise
available to the City at law.
13.
The City designates this Bylaw as a Bylaw that may be enforced by means of a ticket in
the form prescribed for that purpose by the Community Charter and the Community
Charter Bylaw Enforcement Ticket Regulation.
14.
A bylaw enforcement officer, a building inspector, or a RCMP officer is designated as
Bylaw Enforcement Officers for the purposes of issuing tickets under this bylaw.
15.
The words or expressions set forth in Column 1 of Schedule A of this Bylaw designate
the offence committed under the bylaw section number appearing in Column 2
opposite the respective words or expressions for the purposes of issuing tickets under
the Community Charter.
16.
The amounts appearing in Column 3 of Schedule A of this Bylaw are the fines set
pursuant to the Community Charter of the corresponding offences designated in
Column 1 for the purposes of issuing tickets under the Community Charter.
17.
The penalty for a contravention dealt with by bylaw notice in accordance with the
Bylaw Notice Enforcement Bylaw No. 2428, 2018 is as follows:
a.
The Penalty amount set out in Column 3 of Schedule "A" is payable for the
corresponding contravention except when circumstances are deemed
necessary as a danger or warning signal as sited in Section 5(e);
b.
The early Payment Penalty set out in Column 4 of Schedule "A" applies if
payment is received by the City within 14 days of the person receiving or being
presumed to have received the bylaw notice; and
c.
The Late Payment Penalty set out in Column 5 of Schedule "A" applies if
payment is received more than 31 days after the person received or is
presumed to have received the bylaw notice.
City of Fort St. John Noise Regulation Bylaw No. 2507, 2019
Page 6
REPEAL
18.
The City of Fort St. John Noise Regulation Bylaw No. 2261, 2015 is hereby repealed.
READ FOR THE FIRST THREE TIMES THIS 9th DAY OF
December,
2019
ADOPTED THIS
13th
day of
January,
2020
LORI ACKERMAN
JANET PRESTLEY, DIRECTOR OF
MAYOR
LEGISLATIVE AND ADMINISTRATIVE
SERVICES
City of Fort St. John Noise Regulation Bylaw No. 2507, 2019
Page 7
SCHEDULE A - MUNICIPAL TICKET INFORMATION OFFENCES
COLUMN
1
OFFENCE
COLUMN
2
SECTION
COLUMN
3
FINE
($)
(15- 30 Days)
COLUMN
4
EARLY
PAYMENT
($)
(1-14 Days)
COLUMN
5
LATE
PAYMENT
($)
(31-60 Days,
Collections
60+)
COLUMN
6
COMPLIANCE
AGREEMENT
AVAILABLE
(50% of
Penalty)
Noise, Sound or
Vibration Which
Disturbs - Public
Property
3
$100
$75
$125
YES
Noise, Sound or
Vibration Which
Disturbs - Private
Property
4
$100
$75
$125
YES
Amplified Sound
Which Disturbs
5 (a)
5 (b)
$100
$75
$125
YES
Animal/Bird Noise
Which Disturbs
5 (c)
$100
$75
$125
YES
Dog
Barking/Crying
Which Disturbs
5 (d)
$100
$75
$125
YES
Horn, Alarm or
Warning Device
Noise Which
Disturbs
5 (e)
$100
$75
$125
YES
Construction
Noise Outside of
Approved Hours
6 (a)
6 (b)
First Offence
$100
Second Offence
$250
Third and
subsequent
Offences
$500
1st - $75
2nd - $200
3rd - $400
1st - $125
2nd - $300
3rd - $500
YES