Noise Control Bylaw, 2001, No. 341 — full text, Granisle, British Columbia

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THE CORPORATION OF THE VILLAGE OF GRANISLE BYLAW NO. 341, 2001 A Bylaw to provide for the regulation and prohibition of certain noises and sounds. Whereas Section 724 of the Local Government provides Council with the authority, by bylaw, to regulate or prohibit the making or causing of certain noises or sounds within the Village; and Whereas the Council of the Village deems it necessary and desirable to regulate or prohibit noises or sounds which disturb the quiet, peace, rest, enjoyment, comfort or convenience of neighborhoods, person(s) in the vicinity, or the public; The Municipal Council of The Corporation of the Village of Granisle, in open meeting assembled, enacts as follows: Citation 1. This Bylaw may be cited for all purposes as "Noise Control Bylaw, 2001, No. 341". Definition 2. In this Bylaw: a. Bylaw Enforcement Officer means every person designated by Council as a Bylaw Enforcement Officer for the Village, and includes the Peace Officers of the Royal Canadian Mounted Police; b. Council means the Municipal Council of the Corporation of the Village of Granisle. c. Holiday means (i) Sunday, Christmas Day, Good Friday, and Easter Monday; (ii) Canada Day, Victoria Day, British Columbia Day, Labour Day, Remembrance Day, New Year's Day; and (iii) December 26. d. Municipality means the area within the municipal boundaries of the Village of Granisle. 341 1 Prohibited Noises and Sounds 3. No person, or owner, tenant or occupier of real property or a highway, shall make or cause, or permit to be made or caused, any noise or sound which disturbs the quiet, peace, rest, enjoyment, comfort or convenience of the neighborhood or of person(s) in the vicinity. 4. No person shall keep any animal which by its call, cries, barks, or other noises disturbs or tends to disturb the quiet, peace, rest, enjoyment, comfort, or convenience of the neighborhood or of person(s) in the vicinity. 5. The Council believes that the following noises or sounds are objectionable: a. any calls, cries, barks, or other noises made by an animal which are audible outside the parcel or premises where the animal is kept, between 11:00 p.m. to 7:00 a.m.; and b. any amplified music or speech which is audible outside the parcel or premises where it originates or is reproduced, between 11:00 p.m. and 7:00 a.m.; and no person shall cause or permit such noises or sounds to be made. Exemption 6. This Bylaw does not apply to: a. police, fire, or other emergency vehicles proceeding upon an emergency; b. the excavation, construction, or infrastructure work, or repairing of bridges, streets, highways, or lands by the Village of Granisle or by the Ministry of Transportation and Highways or agents on their behalf; c. the operation of maintenance equipment by the Village of Granisle or the Ministry of Transportation and Highways or agents acting on their behalf; d. snow removal or highway cleaning operations; e. the erection, demolition, construction, reconstruction, alteration or repair of any building or structure between Monday and Friday (except holidays) between the hours of 7:00 a.m. to 7:00 p.m. and Saturdays (except holidays) between the hours of 9:00 a.m. to 7:00 p.m. f. the operation of a public address system required under a building or fire code; g. a lawnmower or power gardening equipment operated between 9:00 a.m. and 9:00 p.m. 341 2 h. the use of bells or chimes for the announcing of public worship services. Inspections 7. A Bylaw Enforcement Officer may enter on any property at any reasonable time for the purpose of ascertaining whether the regulations and requirements of this Bylaw are being observed. No person shall obstruct the entry of a Bylaw Enforcement Officer under this section. Offences and Penalties 8. Any person who contravenes Section 3, 4, 5, 6, or 8 of this Bylaw is liable upon summary conviction to a fine not exceeding $2,000.00 and the costs of prosecution. Every day during which there is an infraction of this Bylaw shall constitute a separate offence. Severability 9. If any person of this Bylaw (including without limitation all or part of Section 7) is held to be invalid by a Court of competent jurisdiction, such invalidity shall not affect the remaining portions of the Bylaw. Repeal 10. "Village of Granisle Anti-Noise Bylaw, 1976, No.75" is repealed and replaced by by this Bylaw. Read a first time by the Municipal Council this 11th day of April, 2001. Read a second time by the Municipal Council this 11th day of, April 2001. Read a third time by the Municipal Council this 11th day of, April 2001, AS AMENDED Reconsidered, finally passed, and adopted by the Municipal Council of The Corporation of the Village of Granisle this 25th day of April, 2001. ~t ^ So-Kg^ a^6 Mayor E. Sorge I hereby certify that this is a true Copy of Bylaw No. 341, 2001 Noise Control Bylaw Xjfr*4L~Z2r>-- Kevin Franson, Village Clerk Kevin Franson, Village Clerk 341 3