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VILLAGE OF GOLD RIVER
Bylaw No. 665, 2008
A Bylaw to regulate or prohibit the making
or causing of noises or sound in the municipality.
WHEREAS the Council of the Village of Gold River believes:
a)
that certain noises or sounds are objectionable or liable to disturb the quiet, peace, rest,
enjoyment, comfort or convenience of individuals or the public, and
b)
that it is desirable to regulate or prohibit the making or causing of noises or sounds in the
municipality.
NOW THEREFORE, the Council of the Village of Gold River in open meeting assembled enacts as
follows:
1.0
1.1
2.0
2.1
CITATION
This bylaw may be cited as the Village of Gold River Noise Control Bylaw No. 665, 2008.
DEFINITIONS
In this Bylaw;
"Administrator" means the Village of Gold River Chief Administrative Officer or his designate,
"Bylaw Enforcement Officer" means a person appointed by the Council for the purpose of enforcement
of this bylaw, and includes the Bylaw Enforcement Officer, the Chief Administrative Officer, Deputy Clerk
or a member of the Royal Canadian Mounted Police, (RCMP),
"Construction" includes erection, alteration, 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, and includes any work in connection therewith.
"Council" means the Council of the Village of Gold River.
"Highway" includes every highway within the meaning of the Highway Act, and every road, street, lane
or right-of-way designed or intended for or used by the general public for the passage of vehicles, and
every place or passage way to which the public, for the purpose of the parking or servicing of vehicles,
has access or is invited.
"Municipality" means the Village of Gold River.
"Noise" includes sound.
"Persistent/Persistently" means enduring or constantly repeated.
Noise Control Bylaw No. 665, 2008.
Page2
"Public Works Supervisor" means the person appointed as the Public Works Supervisor from time to
time and includes the Administrator or any person appointed or designated by the Supervisor to act on
his behalf.
"Residential Area" means those areas so designated as residential on the zoning map attached to the
Village of Gold River Zoning Bylaw as amended or replaced from time to time.
"Truck" means any motor vehicle with a licenced gross vehicle weight over 8,600 kg.
"Vehicle" includes 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.
3.0
3.1
3.2
GENERAL PROVISIONS
No person shall make, cause or permit to be made any noise or sound in or on a highway or
elsewhere in the Municipality, which disturbs or tends to disturb the quiet, peace, rest, enjoyment,
comfort or convenience of the neighbourhood or of persons in the vicinity.
Council considers that the acts listed below cause noises or sounds which are objectionable or
are liable to disturb the quiet, peace, rest, enjoyment, comfort or convenience of individuals or the
public:
a)
Any amplified music or speech which is audible outside the property where it originates or
is reproduced, between 11 :00 p.m. and 9:00 a.m.
b)
Harbouring or keeping any animal or bird which persistently cries, barks, or howls.
c)
Idling or continuously running of a diesel engine, truck or bus for more than 15 minutes at
the same location, except where the truck or bus is located within a garage or building
intended to be used for the long term parking of that vehicle.
d)
Erecting, demolishing, constructing, reconstructing, altering or repairing of any building or
other structure within the municipality or the excavating or filling of any highway or other
land before 7:00 a.m. or after 9:00 p.m. Monday to Saturday and before 9:00 a.m. or after
6:00 p.m. on Sundays and Statutory Holidays.
e)
Using lawn or yard maintenance equipment, drills, compressors or other equipment before
7:00 a.m. or after 9:00 p.m. daily.
f)
Loading, unloading, delivering, collection, packing, unpacking or otherwise handling any
containers, products, materials or refuse whatsoever before 7:00 a.m. or after 9:00 p.m.
daily in any Residential Area.
g)
Creating noise or sounds by blasting or the operation of drills, compressors or other
equipment used to prepare land for blasting before 7:00 a.m. or after 5:00 p.m. Monday to
Saturday and at all times on Sundays and Statutory Holidays.
Noise Control Bylaw No. 665, 2008.
Page3
3.3
No person shall make or cause or permit to be made a noise or sound described in Section (3.2).
4.0
EXEMPTIONS
4.1
This Bylaw does not apply to:
a)
Police, Fire Department or Emergency vehicles when engaged upon a service of public
convenience or necessity.
b)
Horn or signally device on a boat, train or vehicle when used as a danger or warning
signal.
c)
Municipal, other government or utility companies when engaged upon a service of the
public or while engaged upon a service of public convenience or necessity.
d)
Bells or chimes from churches or public institutions.
e)
The unloading, loading, pick up or delivering of containers, products, materials or
whatsoever that is deemed necessary for the maintenance of essential services or the
moving of household effects.
f)
Noise or sound created in connection with emergency measures undertaken for the
immediate health, safety or welfare of individuals or for the preservation or restoration of
property.
g)
Snow removal or highway cleaning operations.
h)
Noise or sound created from parades or public festivities authorized by Council.
i)
Noise or sound created by extraordinary construction projects which have been
authorized to take place by the Public Works Supervisor.
4.2
Where it is impractical or impossible to comply with the General Provisions, the Administrator
may, upon receiving written application give approval to carry on any work or activity that is
necessary.
The approval may stipulate hours of operation, operating methods, type of
machinery, maximum noise levels in decibels, period of operation and any other matter relevant
to the particular circumstances. Where the approval specifies any limitation or restriction such as
noise level it will be the applicant's responsibility to show that the conditions of the approval are
complied with.
5.0
INSPECTION
5.1
A Bylaw Enforcement Officer or Peace Officer is hereby authorized to enter, at all reasonable
times, on any property to ascertain whether the requirements of this Bylaw are being met or the
regulations contained in this Bylaw are being observed.
6.0
OFFENCES
Noise Control Bylaw No. 665, 2008.
Page4
6.1
Any person who contravenes any provision of this Bylaw is guilty of an offence and shall, upon
summary conviction thereof, be liable to a maximum penalty of $2000.00
6.2
Each day that an offence continues shall constitute a separate offence against this Bylaw.
7.0
ENFORCEMENT
7.1
This Bylaw is designated under the provisions of Section 264 of the Community Charter as a
Bylaw that may be enforced by means of a ticket in the form prescribed, and in accordance with
this Bylaw.
7.2
Bylaw Enforcement Officers and members of the Royal Canadian Mounted Police are designated
to enforce this Bylaw pursuant to Section 264 (1) (b) of the Community Charter.
7 .3
Pursuant to Section 269( 1 )( c) of the Community Charter, authorization is hereby delegated to the
Bylaw Enforcement Officer to refer tickets issued with respect to this bylaw to the Provincial Court
for a hearing.
8.0
PENAL TIES
8.1
Pursuant to Section 264(1 )(c) of the Community Charter, the words or expressions set forth
below in Column 1 designate the offence committed under the Bylaw section numbers appearing
in Column 2 opposite the respective words or expressions.
8.2
Pursuant to Section 265(1 )(a) of the Community Charter, the fine amount set forth below in
Column 3 is the fine amount that corresponds to the section number and words or expressions
set out in Columns 1 and 2 opposite the fine amount.
Column 1
Column 2
Column 3
Offence
Bylaw Section
Fine Amount
Noise causing disturbance
3.1
$150.00
Obiectionable noise causina disturbance
3.3
$150.00
9.0
SEVERABILITY
9.1
If any section, subsection, sentence, clause or phrase in this Bylaw is for any reason held to be
invalid by a decision of any Court of competent jurisdiction, the invalid portion thereof shall be
severed and the decision that is invalid shall not affect the validity of the remaining portions of the
Bylaw.
10.0
REPEAL
10.1
The District of Gold River Anti-Noise Bylaw No. 84, 1969 is hereby repealed.
Noise Control Bylaw No. 665, 2008.
READ A FIRST AND SECOND TIME THIS
READ A THIRD TIME THIS
ADOPTED THIS
C. Anderson
MAYOR
5TH
DAY OF
20TH
DAY OF
2 ND
DAY OF
MAY
MAY
JUNE
Page5
2008.
2008.
2008.