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The Corporation of the Town of Lake Cowichan
BYLAW NO. 876-2009
BEING A BYLAW OF THE CORPORATION OF THE TOWN OF LAKE COWICHAN
TO PROVIDE FOR THE CONTROL OF NOISE
WHEREAS under the provisions of Section 64 of the Community Charter, the Council of
a municipality is empowered to enact a Bylaw to regulate, or prohibit, the making or
causing of noises or sounds in the municipality, which disturb, or tend to disturb, the
quiet, peace, rest, enjoyment, comfort, or convenience of individuals or the public;
NOW THEREFORE the Council of the Town of Lake Cowichan in open meeting
assembled enacts as follows:
1.
TITLE
This Bylaw may be cited as "Town of Lake Cowichan Noise Control Bylaw 876-
2009".
2.
DEFINITIONS
In this Bylaw unless the context otherwise requires:
COUNCIL means the Council of the Town of Lake Cowichan;
PERSON includes any company, corporation, owner, partnership, firm,
association, society or party;
PROPERTY means real property and includes land, other than a highway,
together with all improvements which have been so affixed to the land as to
make them in fact and in law a part thereof;
RESIDENTIAL ZONE means a property or group of properties designated for
residential use in the municipal zoning bylaw;
TOWN means the Town of Lake Cowichan;
3.
GENERAL REGULATIONS
3.1
No person shall make or cause, or permit to be made or caused, in or on
a highway or public place in the Town, any noise or sound which disturbs
or is liable to disturb the quiet, peace, rest, enjoyment, comfort, or
convenience of individuals or the public.
3.2
No owner or occupier of real property shall use such real property, or
permit such real property to be used, so that a noise or sound which
originates from such real property disturbs or is liable to disturb the quiet,
peace, rest, enjoyment, comfort, or convenience of individuals or the
public.
3.3
No person shall play or operate any radio, stereophonic equipment or
other instrument or any apparatus for the production or amplification of
sound either in or on private premises or in any public place in such a
manner as to disturb the quiet, peace, rest, enjoyment, comfort or
convenience of any person or persons in a residential area or vicinity.
Town of Lake Cowichan Noise Control Bylaw No. 876-2009
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3.4
No person, shall own, keep or harbour any animal or bird which by its
cries unduly disturbs the peace, quiet, rest or tranquility of the
surrounding neighbourhood or public at large.
3.5
No person shall use landscape maintenance equipment, including
lawnmower, chain saw, leaf blower, weedwacker or rototiller before 7:00
a.m. or after 9:00 p.m., Monday through Saturday, inclusive or before
9.00 a.m. or after 6.00 p.m. on Sundays.
4.
CONSTRUCTION HOURS
4.1
No person in the Town shall on Monday through Saturday, inclusive,
before 7:00 a.m. and after 8:00 p.m., or on Sunday, before 10:00 a.m.
and after 8:00 p.m., construct, erect, reconstruct, alter, repair or demolish
any building, structure, or thing, or excavate or fill in land in any manner
which disturbs the quiet, peace, rest, enjoyment, comfort or convenience
of any person or persons in the neighbourhood or vicinity.
4.2
Where it is impossible, or impractical to comply with this section, the
Council may upon application, give written approval to carry on the work
that is found to be necessary at designated hours. Responsibility for
obtaining written approval lies with the person carrying on the work.
5.
EXEMPTIONS
5.1
The provisions of this Bylaw shall not apply or be enforced against:
(1)
Police, Fire Department or Emergency vehicles when engaged upon
a service of public convenience or necessity;
(2)
Horn or signaling device of a vehicle when used as a danger or
warning signal;
(3)
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;
(4)
the use of bells or chimes by churches, and the use of carillons
where such carillons have been lawfully erected;
(5) any
parade,
procession,
performance,
concert,
ceremony,
gathering or meeting in or on any street, or public place, when duly
authorized or permitted under the provisions of any By-law,
statute, or ordinance in force in the Town; and
(6)
the making of noise which is usual or inevitable in the operation of
a business, in connection with the conduct of business in a zone
which permits the operation of such business.
5.2
Notwithstanding the foregoing listed exceptions, the owner of a property,
the conductor of the permitted use or the operator of the business shall
take all steps to mitigate noise generated from their activity as may be
considered reasonable by the industry's regulatory agency, a court of law
having jurisdiction, or by Council.
Town of Lake Cowichan Noise Control Bylaw No. 876-2009
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6.
BYLAW CONTRAVENTION
The amounts appearing in Column 3 of Schedule A of this bylaw are the fines
established by Council pursuant to section 265(1)(a) of the Community Charter
for the corresponding offence designated in Column 1.
7.
REPEAL
That upon adoption of the bylaw, Bylaw No. 104,1957 being the "Lake Cowichan
Anti Noise Bylaw" and all amendments thereto are hereby repealed.
READ A FIRST TIME on the 24th day of November, 2009.
READ A SECOND TIME on the 24th day of November, 2009.
READ A THIRD TIME on the 24th day of November, 2009.
RECONSIDERED, FINALLY PASSED and ADOPTED by the Municipal Council of the
Town of Lake Cowichan on the 15th day of December, 2009.
Ross Forrest
Joseph A. Fernandez
Mayor
Corporate Officer
I hereby certify the foregoing to be a true and correct copy of "Town
of Lake Cowichan Noise Control Bylaw No. 876-2009" as
adopted on the 15th day of December, 2009.
Clerk
Town of Lake Cowichan Noise Control Bylaw No. 876-2009
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SCHEDULE "A"
Attached to and forming part of Bylaw No. 876-2009
MUNICIPAL TICKET INFORMATION
DESIGNATIONS Offence
Bylaw Section No.
Fine
Disturbance in a Public Place
3.1
$100.00
Disturbance on Private Property
3.2
$100.00
Amplified music causing disturbance
3.3
$100.00
Animal Noise which Disturbs
3.4
$100.00
Construction Noise causing Disturbance
4.1
$100.00
Construction Disturbance which
Contravenes Permit
4.2
$100.00
Unmitigated Permitted Use Noise
5.2
$500.00