Noise Suppression (CRD) Bylaw No. 961 (Capital Regional District Noise Suppression Bylaw, 1981, consolidated by District of Highlands)
Highlands, British Columbia
· No. 961
· adopted 1982-12-15
· summary & facts
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unofficial consolidation, the official version is held by the municipal clerk.
This bylaw has been consolidated for convenience purposes only and may or may not contain the latest amendment(s). Electronic
and on-line consolidated bylaws are not certified copies and they should not be used in place of actual district bylaws. If you require
an accurate, up to date copy of the district bylaw, please contact the District Officer.
DISTRICT OF HIGHLANDS
BYLAW NO. 961
CAPITAL REGIONAL DISTRICT NOISE SUPPRESSION BYLAW, 1981
This Bylaw is consolidated by the Corporate Officer in accordance with Bylaw No. 301.
It includes amendments up to April 7, 2014 (Bylaw No. 358)
This bylaw has been consolidated for convenience purposes only and may or may not contain the latest amendment(s). Electronic
and on-line consolidated bylaws are not certified copies and they should not be used in place of actual district bylaws. If you require
an accurate, up to date copy of the district bylaw, please contact the District Officer.
CAPITAL REGIONAL DISTRICT BYLAW NO. 961
A BYLAW TO PROVIDE FOR THE ABATEMENT AND CONTROL OF OBJECTIONABLE NOISE IN
THE ELECTORAL AREAS OF THE CAPITAL REGIONAL DISTRICT
WHEREAS the Capital Regional District pursuant to Section 932 (c) and (d) of the Municipal Act is
empowered to regulate or prohibit the making or causing of noise or sounds as specified therein
within the Electoral Areas of the Capital Regional District;
AND WHEREAS the Capital Regional District was granted Supplementary Letters Patent dated
3rd September, 1981, to exercise the powers of a Municipal Council in respect to the powers set out
under the above sections of the Municipal Act;
NOW THEREFORE the Board of the Capital Regional District in open meeting assembled enacts as
follows:
1. In this by-law:
"Animal" includes a dog, cat or other domestic animal but does not include a farm animal.
"Electoral Areas" means the Electoral Areas of Colwood, Langford and View Royal.
"Bird" includes ornamental bird, pigeon, dove and show-bird, but does not include poultry.
"Person" includes a corporation, partnership or individual.
2.
Within the Electoral Areas:
(1) No person shall shout, use a megaphone or make other noise in, or at, or on, streets,
wharves, docks, piers, railway stations, or other public places which disturbs or tends
to disturb the quiet, peace, rest, enjoyment, comfort or convenience of the
neighbourhood or of persons in the vicinity thereof.
(2) No person shall make, cause to be made, or continue to make, any noise or sound in
or on a highway or elsewhere in the Electoral Areas which disturbs or tends to disturb
the quiet, peace, rest, enjoyment, comfort or convenience of the neighbourhood or of
persons or near the source of such noise or sound.
3.
Without limiting the generality of the prohibition contained in Section 2 hereof:
(1)
No person shall play any radio, phonograph, television receiving set, tape, cartridge,
musical instrument or sound amplification device whether in or upon private premises or
in any public place in such a manner or with such a volume as to disturb the quiet, peace,
rest, enjoyment or comfort of individuals or the public.
(2)
No person shall keep or harbour any animal or caged bird which by making frequent or
loud noise disturbs or tends to disturb the quiet, peace, rest, enjoyment or comfort of
individuals or the public.
This bylaw has been consolidated for convenience purposes only and may or may not contain the latest amendment(s). Electronic
and on-line consolidated bylaws are not certified copies and they should not be used in place of actual district bylaws. If you require
an accurate, up to date copy of the district bylaw, please contact the District Officer.
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(3)
No person shall operate on a private property any automobile, truck, motorcycle,
trail bike, bus, motorized hang glider, or other vehicle which by reason of disrepair,
lack of a sufficient muffler, or any other cause, creates noise or sound tending to
disturb the quiet, peace, rest, enjoyment, or comfort of individuals or the public.
(4)
No person shall operate compressor, steam engine, or internal combustion engine,
which through lack of a sufficient muffler or any other cause, creates noise or sound
tending to disturb the quiet, peace, rest, enjoyment, or comfort of individuals or the
public.
(5)
No person shall load or unload any truck, wagon, or motor vehicle in or upon any
public or private place or premises in such a manner as to disturb the quiet, peace,
rest, enjoyment, or comfort of individuals or the public before the hours of 7 o'clock
in the forenoon or after sunset or 7 o'clock in the afternoon whichever is the latest,
nor on Sundays.
(6)
No person shall construct, demolish, alter or repair a building, or excavate or fill any
land in such a manner or with such volume as to disturb the quiet, peace, rest,
enjoyment or comfort of individuals or the public before the hours of 7 o'clock in the
forenoon or after sunset or 7 o'clock in the afternoon, whichever is the latest.
(7) The Council believes that the noise produced by the use of an
engine retardant brakes on a motor vehicle on any highway in the District of
Highlands, is objectionable and liable to disturb the quiet, peace, rest,
enjoyment, comfort or convenience of individuals and members of the
public.
(8)
No person shall use an engine retardant brake while operating a motor
vehicle on a highway in the District of Highlands except to assist in stopping
or slowing down the vehicle in an emergency.
**Added by bylaw 350, November 2012
4.
The provisions of this bylaw shall not apply to:
(1)
any vehicle of the Police or Fire Department or of any other public body, or any
ambulance or any public service or emergency vehicle while engaged in a
service of public convenience or necessity;
(2)
the sounding of a horn or other signaling device where such sounding is
properly and necessarily used as a danger or warning signal;
(3)
the use, in a reasonable manner, of any apparatus or mechanism for the
amplification of the human voice or of music in a public park or square in
connection with any duly authorized public meeting, public celebration or
other public gathering;
(4)
the use of bells or chimes by churches, schools or any public body;
This bylaw has been consolidated for convenience purposes only and may or may not contain the latest amendment(s). Electronic
and on-line consolidated bylaws are not certified copies and they should not be used in place of actual district bylaws. If you require
an accurate, up to date copy of the district bylaw, please contact the District Officer.
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(5)
the operation, in a reasonable manner, of farm equipment;
(6)
rifle ranges and trap shoots after 8 o'clock in the forenoon and before 9
o'clock in the afternoon
5.
Exemptions Consider by Council
(1)
By resolution, Council of the District of Highlands may temporarily exempt an
extraordinary construction or work project carried out during restricted hours which
creates noise or sound on a property zoned Industrial or Commercial on the
District of Highlands Zoning Designations Map and may set certain and specified
regulations pertaining to the exemption.
**(added by Bylaw No. 358, 2014)
6.
(1)
No person, and including but without limiting the generality hereof, no owner, tenant
or occupier of private premises, shall do any act or suffer or permit any act or thing
to be done in contravention of this by-law.
(2)
Every person who contravenes this by-law, by doing any act which it forbids, or
omitting to do any act which it requires to be done, is guilty of an offence and is
liable, on summary conviction, to a fine of not more than $500.00. A separate
offence shall be deemed to be committed upon each day during and in which the
contravention occurs or continues.
(3)
The penalties imposed under subsection (2) hereof, shall be in addition to and not in
substitution for any other penalty or remedy imposed by this by-law or any other
statute, law or regulation.
7.
This By-law may be cited as the "Noise Suppression By-law, 1981"
READ A FIRST TIME THIS
12th
day of
November, 1981
READ A SECOND TIME THIS
12th
day of
November, 1981
READ A THIRD TIME THIS
27th
day of
October, 1982
APPROVED BY THE MINISTER OF MUNICIPAL AFFAIRS THIS 3rd day of December, 1982
RECONSIDERED AND FINALLY ADOPTED THIS 15th day of December , 1982
Original Bylaw Signed
CHAIRMAN
SECRETARY