Harrison Hot Springs, British Columbia
· No. 1218
· adopted 2025-02-02
· summary & facts
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Noise.pdf"
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VILLAGE OF HARRISON HOT SPRINGS
BYLAW NO. 1218
A bylaw to provide for the abatement and control of noise
WHEREAS section 8(3)(h) of the Community Charter authorizes local governments to,
by bylaw, regulate, prohibit and impose requirements in relation to the protection and
enhancement of the well-being of its community in relation to the matters referred to in
section 64;
AND WHEREAS section 64(b) of the Community Charter authorizes local governments
to exercise their authority under section 8(3)(h) in relation to noise, vibration or any
other matter that is liable to disturb the quiet, peace, rest, enjoyment, comfort or
convenience of individuals or the public;
NOW THEREFORE in open meeting assembled, the Mayor and Council of the Village
of Harrison Hot Springs enacts as follows:
1. CITATION
This Bylaw shall be cited as the Village of Harrison Hot Springs "Noise Bylaw No.
1218, 2025".
2. DEFINITIONS
For the purposes of this bylaw:
"CAO" means the Village's Chief Administrative Officer or their designate
"Commercial Zone" means a commercial zone as defined and expressed pursuant
to the Village of Harrison Hot Springs Zoning Bylaw No. 1115, 2017 as amended
from time to time
"Construction Noise" includes the erection, alteration, repair, relocation,
dismantling, demolition and removal of a building, structural maintenance, painting,
land clearing, earth moving, grading, excavating, the laying of pipe and conduit
(whether above or below ground level), street building, concreting and the
installation, alteration or removal of construction equipment, components and
materials in any form or for any purpose, and includes any work being done in
connection therewith
"Continuous Sound" means any Noise that takes place for more than three
minutes in a fifteen minute period
"Noise" includes any continuous or non-continuous sound which disturbs or tends
to disturb the peace, quiet, rest, enjoyment, comfort or convenience of the
neighbourhood in which such sound is received, or, of any reasonable person in
the vicinity of the source of such sound who receives such sound
"Power Equipment" means any equipment or machinery used in lawn and garden
care or in building and property maintenance, and includes but is not limited to leaf
blowers, edge trimmers, line trimmers, rototillers, lawnmowers, pressure washers,
carpet cleaning equipment, and hand-operated power tools
"Residential Zone" means a residential zone as defined and expressed pursuant to
the Village of Harrison Hot Springs Zoning Bylaw No. 1115, 2017
"Vehicle" means a device in, on or by which a person or thing is or may be
transported or drawn on a highway except a device designed to be moved by
human power
"Village" means the Village of Harrison Hot Springs
3. GENERAL REGULATION
It shall be unlawful for any person or persons or the owner or occupier of any
premises or of any real property or any person in charge thereof, to make or
cause to be made or to allow or suffer to be made any Noise or sound which
disturbs or tends to disturb the quiet, peace, rest, enjoyment, comfort or
convenience of the neighbourhood or of persons in the vicinity or of individuals or
of the public.
4. PROHIBITION
Without limiting the generality of section 3, the following conduct is specifically
prohibited within the boundaries of the Village of Harrison Hot Springs:
(a) The use of any radio, television, receiving set, musical instrument,
megaphone, microphone or other sound amplification device, shouting,
clamouring, banging or making similarly disruptive sounds, whether produced
outdoors or from within a premises that can be heard outside.
(b) The owning, keeping or harbouring of any animal, bird, or fowl which by its
cries unduly disturbs the peace, quiet, rest, enjoyment or comfort of the
surrounding neighbourhood or the public at large.
(c) The operation of any power lawn mower or power equipment between 10:00
p.m. and 8:00 a.m. the following day.
(d) The discharging into the open air of the exhaust of any stationary internal
combustion engine, motor vehicle engine including a motorcycle engine,
automobile engine, watercraft engine or other engine except through a muffler
or other device which effectively prevents excessive noise therefrom;
(e) The sounding of a horn or other signalling device upon an automobile,
motorcycle, bus or other vehicle in motion except as a danger or warning
signal;
(f) The creation of any excessive Noise on any street, highway or lane adjacent
to any school, institution of learning, or church while the same are in session;
(g) The loading or unloading of any truck, wagon, or automobile in or upon any
public or private place or premises in such a manner as to disturb the quiet,
peace, rest, enjoyment, comfort or convenience of the neighbourhood or of
persons in the vicinity;
(h) The continuous running of any stationary vehicle in any residential zone
within the Village so as to disturb the peace, quiet, rest or enjoyment of the
neighbourhood;
(f) Construction Noise at any time on Sundays or on any day from Monday to
Saturday between 10:00 p.m. and 8:00 a.m. the following day.
5. NOISE EXEMPTION PERMIT
(a) Where it is impossible or impractical to comply with this section, a person
may, on the form and in the manner specified by the CAO, apply for a Noise
Exemption Permit subject to any application fees as set out in Miscellaneous
Fee Bylaw No. 1049, 2014 as amended from time to time.
(b) If a Noise Exemption Permit is granted, the applicant must notify in writing all
owners and occupiers within a 30 metre radius at least 48 hours in advance
of the start of the exemption period. The notice must include the times, dates,
location and general description of the activity subject to a Noise Exemption
Permit.
6. EXCEPTIONS
The provisions of this bylaw shall not apply to or be enforced against:
(a) any vehicle or employee of the Village of Harrison Hot Springs while engaged
in necessary public business;
(b) any emergency response vehicle and the use of sirens or other warning
instruments under the control of the Fire Department, a Peace Officer or
Emergency Health Services personnel; or
(c) any activity covered by any permit granted by the Village of Harrison Hot
Springs.
7. PENALTIES
(a) This Bylaw is designated under the provisions of Section 260 of the
Community Charter as a Bylaw that may be enforced by means of a ticket
issued under the provisions of the Bylaw Notice Enforcement Bylaw.
(b) Every person who violates any of the provisions of this bylaw or who suffers
or permits any act or thing to be done in contravention or in violation of any of
the provisions of this bylaw, or who neglects to do or refrains from doing
anything required to be done by any of the provisions of this bylaw shall be
deemed to be guilty of an offence under the Bylaw Notice Enforcement
Bylaw.
8. SEVERABILITY
If any provision of this bylaw is found to be invalid by a court of competent
jurisdiction, that provision may be severed from the bylaw without affecting the
validity of the remainder of the bylaw.
8. REPEAL
Village of Harrison Hot Springs Abatement and Control of Noise Bylaw No. 474,
1987 and all amendments thereto are hereby repealed in their entirety.
READ A FIRST TIME THIS 13th DAY OF JANUARY 2025
READ A SECOND THIS 13th DAY OF JANUARY 2025
READ A THIRD TIME THIS 13th DAY OF JANUARY 2025
ADOPTED THIS 2nd DAY OF FEBRUARY 2025
_______________________
Fred Talen
Mayor
_______________________
Amanda Graham
Corporate Officer