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T O W N O F L A D Y S M I T H
"Noise Suppression Bylaw 2003, No.1478"
Consolidated Version as on March 8, 2023
(This consolidation is authorized by "Bylaw Revision Bylaw 2022, No. 2090")
March 3, 2003
Includes Amendment Bylaw Nos.: 2046, 2125, 2136
TOWN OF LADYSMITH
BYLAW NO. 1478
A Bylaw for abatement and control of noise in the Town of Ladysmith
The Municipal Council of the Town of Ladysmith in open meeting assembled enacts
as follows:
1.
DEFINITIONS
In this Bylaw, unless the context otherwise requires:
a) CONTINUOUS SOUND means any sound occurring for a duration of more
than 3 Minutes, or occurring continually, sporadically or erratically but
totaling more than 3 minutes in any 15 minute period of time;
b) DECIBEL means the ratio between levels of sound pressure expressed as
20 times the logarithm to the base of 10 of the said ratio;
c) DULY AUTHORIZED means authorized by the Municipality;
d) FARM LAND means land classified as a farm pursuant to the provisions of
the Assessment Act;
e) HEAT PUMP means a device which has the capability to transfer heat from
the air outside a building or structure to the air inside a building or
structure or vice versa, by means of a compressible refrigerant and
includes an air conditioner, condenser, compressor, refrigeration unit and
all equipment and devices accessory thereto;
f) MOTOR BOAT means a vessel which is propelled by an internal
combustion engine;
g) MUNICIPALITY means the Town of Ladysmith
Noise Suppression Bylaw 2003, No.1478
3
h) POINT OF RECEPTION means:
.i
any place on a parcel where sound originating from any source, other than
a source on such parcel, is received; or
.ii any place on a highway sound is received;
i) QUIET ZONE means any area of land or highway included within any zone under
the provisions of the Zoning Bylaw of the Municipality in effect from time to time
other than land in an Industrial Zone or Commercial Zone on which no residential
dwelling units have been constructed;
j) SHOPPING CENTRE ZONE means the C-2 and C-3 Zone in the area commonly
referred to as "Coronation Square Mall" under the Zoning Bylaw of the Town of
Ladysmith or any successor bylaw;
k) SOUND means the oscillation in pressure, stress, particle displacement of
particle velocity, in a medium with internal forces (i.e. elastic, viscous) or the
super position of such propagated oscillations, which oscillations are capable of
causing an auditory sensation;
l) SOUND LEVEL is the average of the medians of 5 or more sets of lower and
upper measurements of a series of A-weighted sound pressure levels read or
recorded at a point of reception on a slow response of a sound level meter;
m) SOUND LEVEL METER means a sound measuring device designated to meet the
American National Standard A.N.S.I. S14-1971 or the C.S.A. Standard Z107.1-
1973, as the same may exist from time to time and specifically shall include:
.i
Bruel and Kjaer - Sound Level Meter types 2205, 2208, 2213 and types
203, 2204, 2206 and 2209, calibrated with a Bruel and Kjaer Sound Level
Calibrator type 4230 or Pistophone type 4220;
.ii General Radio - Sound Level Meter model 156-B, 1511-C and model
1933 calibrated with a General Radio Sound Level Calibrator model
1562- A.
.iii Quest Electronics model 214 Sound Level Meter calibrated with a Quest
Electronics Calibrator model CA-12.
n) STRUCTURE means any construction, except a building, affixed to or sunk into
land; includes fences and walls and excludes paved parking surfaces, on-grade
patios and boats.
o) WATER PUMP means a pump, which circulates water in a swimming pool or hot
tub.
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4
p) PERSONAL WATER CRAFT means a vessel less than 4 m (13.1 ft.) in length,
without a cockpit, propelled by equipment which includes an internal
combustion engine and a jet pump and which is designed to be operated by a
person sitting, standing or kneeling on the vessel.
q) MOTOR VEHICLE means a vehicle, not run upon rails, that is designed to be self-
propelled.
r) ROAD SURFACE means gravel, asphalt, cement or material or any kind
whatsoever placed upon any road, highway, bridge, viaduct, land or any way
designed or intended for use by the general public for the passage of vehicles and
every private place or passage-way to which the public, for the purpose of the
parking or servicing of vehicles, has access or is invited
2.
GENERAL PROHIBITION
a) No person shall make or cause 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 thereof.
b) 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.
3.
PRIVATE PROPERTY
No person, being the owner or occupier or being in possession or control of real
property shall suffer or permit any person to make or cause to be made any noise or
sound therein or thereon which disturbs or tends to disturb the quiet, peace, rest,
enjoyment, comfort or convenience of the neighbhourhood or of persons in the
vicinity thereof.
4.
ANIMALS
No person shall harbour or keep any animal or bird which by causing frequent
or loud noise disturbs the quiet, rest, enjoyment, comfort or convenience of
the neighbourhood or of persons at or near the source of such noise or sound.
Noise Suppression Bylaw 2003, No.1478
5
5.
DOGS
a) The sound made by a dog barking, howling or creating any kind of sound
continually or sporadically or erratically for any period of time in excess of
ten minutes is, in the opinion of Council, an objectionable noise.
b) It shall be unlawful for any person to harbour or keep a dog, which shall
make an objectionable noise by barking, howling or creating any kind of
sound continually or sporadically or erratically for any period of time in
excess of ten minutes.
6.
MOTOR BOAT
a) No person shall launch a motor boat from any lands in the Municipality or
remove a motor boat from any body of water onto any lands within the
Municipality if that motor boat is equipped with an exhaust system that
permits the exhaust gases from the engine to be expelled directly into the
air and without first passing through water, unless the motor boat is
equipped with a muffling device that ensures that the exhaust gases from
the engine are cooled and expelled without excessive noise.
b) No person shall use or operate a motor boat anywhere in the Municipality
if that motor boat is equipped with an exhaust system that permits the
exhaust gases from the engine to be expelled directly into the air and
without first passing through water, unless the motor boat is equipped
with a muffling device which ensures that the exhaust gases from the
engine are cooled and expelled without excessive noise.
c) Notwithstanding anything contained in this bylaw to the contrary, the
Council, may, by Resolution, grant a permit for a race or regatta and in such
event any motor boat competing in such race or regatta may be exempted
from the provisions of this bylaw.
6.1
PERSONAL WATER CRAFT
a) The Council believes that the noises produced by the operation of
personal water craft in front of Transfer Beach Park are objectionable and
liable to disturb the quiet, peace, rest, enjoyment, comfort or convenience
of individuals and members of the public within 25 metres of Transfer
Beach Park.
Noise Suppression Bylaw 2003, No.1478
6
b) No person shall make noise by operating a personal water craft within 25
metres of Transfer Beach Park.
7.
HEAT PUMPS AND WATER PUMPS
a) No person shall operate a heat pump or water pump resulting in a sound
level at the point of reception located in a Quiet Zone in excess of 60
decibels any time of day.
7.1
ENGINE RETARDANT BRAKES
a) The Council believes that the noise produced by the use of an engine retardant
brake on a motor vehicle on any highway in the Town of Ladysmith is
objectionable and liable to disturb the quiet, peace, rest, enjoyment, comfort or
convenience of individuals and members of the public.
b) No person shall use an engine retardant brake while operating a motor
vehicle on a highway in the Town of Ladysmith except to assist in stopping
or slowing down the vehicle in an emergency.
8.
SHOPPING CENTRES
a) No person shall make, cause or permit to be made or caused continuous
sound on any land within a Shopping Centre Zone, the sound level of which
exceeds 58 decibels measured at a point of reception in a Quiet Zone any
time between 9:00 a.m. and 10:00 p.m.
b) Sections 2 and 3 of this bylaw shall not apply to any continuous sound
made in a Shopping Centre Zone between 9:00 a.m. and 10:00 p.m. which
does not exceed 58 decibels measured at a point of reception in a Quiet
Zone.
c) The provisions of Section 8 of this bylaw shall not apply to:
.i the sound emitted from a heat pump or water pump; or
.ii sounds caused by building or property maintenance or repair
activities.
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Noise Suppression Bylaw 2003, No.1478
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9.
MOTOR VEHICLES
The following noises are, in the opinion of the Council of the Town of
Ladysmith, objectionable or liable to disturb the quiet, peace, rest, enjoyment,
comfort or convenience of individuals or the public:
a)
the squeal of a tire on a road surface made by a motor vehicle which is
accelerating or changing direction;
b)
a loud, roaring or explosive sound emitted by a motor vehicle;
c)
the amplified sound of a radio, television, player or other sound
playback device or amplification equipment, or the sound of a musical
instrument, that emanates from a motor vehicle and can easily be heard
by someone outside the motor vehicle;
d)
the sound from vehicle-mounted sound amplification equipment which
is continuously made for more than two (2) minutes at the same
location;
e)
the sound of an automobile security system which is made, either
continuously or intermittently, for a period exceeding one minute, or
the sound of an automobile security system, but not including its
activation status signal, which is made more than three times in a 24-
hour period.
No person shall make or cause to be made any objectionable noise set forth in
Section 9 hereof.
No person shall operate a motor vehicle so as to cause a nuisance by noise
there from.
No person shall use or operate a horn or other warning device on a motor vehicle
for any purpose other than as an audible warning incidental to the safe operation of
the motor vehicle.
The prohibitions contained in this section shall not apply to participants in a
motor vehicle race or a parade provided such race or parade has first been
approved by Town Council.
Noise Suppression Bylaw 2003, No.1478
8
10.
SOUND MEASUREMENT
A sound level measurement shall be sufficient for all purposes if it is carried
out in accordance with the following:
a) sound level measurements shall be taken with a sound level meter;
b) sound levels shall be measured on the A-weighted network and the slow
meter response;
c) the sound level meter shall be complete with calibrator and windscreen
and shall be operated in the following manner:
i
Sound level meters shall be used and operated in accordance with
manufacturer's instructions. The sound level meter shall be
calibrated before and after readings have been taken.
ii When determining the sound level from a source, the ambient or
background noise or sound level shall be established at the
appropriate position and during the relevant period of time
wherever possible before taking sound measurements from the
source. No measurement shall be attempted if the difference is 3
decibels or less.
iii Sound measurements shall be made at a distance of approximately
10 feet from any wall, buildings or other reflecting structures, with
the microphone appropriately oriented to eliminate as much as
possible all reflected sound.
11.
INTERPRETATION
Where any word or term or name or abbreviated word or abbreviated term
or abbreviated name that is not defined in this bylaw, or where any technical
standard or abbreviated technical standard that is not set out in this bylaw, is
used in this bylaw, such work, term, name, abbreviated word, abbreviated
term, abbreviated name, technical standard or abbreviated-technical
standard shall be interpreted by reference to the definitions and technical
standards last published by the Canadian Standards Association (C.S.A.), or by
the American National Standards Institute (A.N.S.I.), or by the International
Organization for Standardization (I.O.S.) or by the International Electro-
Technical Commission (I.E.C.) or by the Society of Automotive Engineers
Noise Suppression Bylaw 2003, No.1478
9
(S.A.E.) or by the Machinery and Equipment Manufacturers' Association of
Canada (M.E.M.A.C.) as the context of this bylaw and the case may require.
12.
EXEMPT NOISE
The provisions of this bylaw shall not apply to:
a) 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.
b) Any duly authorized parade or performance by a military or other band.
c) Any vehicle or equipment of the Municipality, the Police Department or
any other public body engaged in carrying out a public service or carrying
out work in or on a highway, park or the Municipal Public Works Yard.
d) The sounding of a horn or other signaling device on any vehicle, boat or
train where such sounding is properly and necessarily used as a danger or
warning signal.
e) The erection, demolition, construction, reconstruction, altering or
repairing of any building or other structure within the Municipality or the
excavating of any street, highway, lane or any other land between the
hours of 7:00 a.m. and 7:00 p.m. on each day except Sunday, or in the case
of urgent necessity, at any other time during the week if such work is
essential to the health, safety or protection of the public.
f) Persons and their agents, servants and employees or independent
contractors under contract therewith and their agents, servants, and
employees who are engaged in work of an essential or emergency nature
and being done for the primary purpose of ensuring the health, safety or
welfare of the residents of the Municipality.
g) The use of bells or chimes on churches or any public body.
h) Any delivery or collection service between the hours of 6:00 a.m. and 9:00
p.m. on each day except Sunday and any statutory holiday in any
commercial, industrial or public zone as defined in the Zoning Bylaws of
the Municipality, and between the hours of 7:00 a.m. and 9:00 p.m. on each
2125
Noise Suppression Bylaw 2003, No.1478
10
day except Sunday and any statutory holiday in all other districts defined
in the said Zoning Bylaw.
i) Any sound or noise caused by a farming activity carried out in a reasonable
manner on farmland between the hours of 7:00 a.m. and 9:00 p.m.
j) Any sound or noise caused by a farming activity carried out in a reasonable
manner on farmland between the hours of 9:00 p.m. and 7:00 a.m. if:
.i in the circumstances it is essential that the activity take place during
such hours;
.ii the activity must, in accordance with sound farming practice, take
place between such hours.
k) The use of a lawnmower between the hours of 8:00 a.m. and 9:00 p.m. on
any day.
l) Any sound or noise caused by blasting or the operation of drills,
compressors or other equipment used to prepare land for blasting
between the hours of 8:00 a.m. and 5:00 p.m. on each day except Sunday
or a statutory holidays.
m) Any sound or noise authorized by a filming permit issued under "Town of
Ladysmith Film Bylaw 2021, No. 2045".
n) The making of noise which is usual to or inevitable in the permitted uses in
a prescribed zone; and the making of noise, which is usual to or inevitable
in the operation of a business in a zone which permits the operation of such
business.
13.
Notwithstanding anything else contained in this bylaw, delivery or collection
services to or from the lands and premises described as:
Lots A&B, District Lot 43, Oyster Land District, Plan VIP 70526 (Coronation
Square Shopping Centre)
shall be exempt from the provisions of this bylaw between the hours of 8:00
a.m. and 9:00 p.m. on each day except Sundays and statutory holidays and the
exemption set out in Section 11(h) of this bylaw shall not apply to these lands
and premises.
2046
2136
Noise Suppression Bylaw 2003, No.1478
11
14.
A Peace Officer or Bylaw Enforcement Officer, and any person duly
authorized by the Municipality to measure sound levels are hereby
authorized to enter, at any reasonable time, upon any property in order to
ascertain whether the provisions of this bylaw are being obeyed.
15
OFFENCE
Any person who violates any provision of this bylaw is guilty of an offence and
liable upon summary conviction to a fine of not less than $100 or more than
$500 for a first offence and of not less than $250 or more than $1,000 for a
second or subsequent offence. For the purposes of this Section, an offence
shall be deemed to occur upon each day during or on which violation occurs
or continues.
16
REPEAL
"Nuisance Regulation Bylaw 1993, No. 1094, Section 2(a)" and "Nuisance
Regulation Bylaw 1993, No. 1094, Amendment Bylaw 1994, No. 1132" are
hereby repealed.
17
CITATION
This Bylaw may be cited for all purposes as "NOISE SUPPRESSION BYLAW
2003, NO. 1478".
READ A FIRST TIME on the
3rd
day of
FEBRUARY, 2003
READ A SECOND TIME on the
3rd
day of
FEBRUARY, 2003
READ A THIRD TIME on the
17th day of
FEBRUARY, 2003
ADOPTED on the
03rd day of
MARCH, 2003
Original Signed by
__________________________________
Mayor (R. Hutchins)
Original Signed by
Noise Suppression Bylaw 2003, No.1478
12
___________________________________
Manager of Corporate Services (P. Durban)
I hereby certify this to be a true and correct
Copy of "Noise Suppression Bylaw 2003,
No. 1478".
____________________________________
Manager of Corporate Services