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City of Langley
THE CITY OF LANGLEY
The Place To Be!
NOISE BYLAW NO. 2628
A Bylaw to regulate noise within the City of Langley
DISCLAIMER - THIS BYLAW IS CONSOLIDATED FOR CONVENIENCE ONLY. THE CITY
DOES NOT WARRANT THAT THE INFORMATION CONTAINED IN THIS CONSOLIDATION
IS CURRENT. IT IS THE RESPONSIBILITY OF THE PERSON USING THIS
CONSOLIDATION TO ENSURE THAT IT ACCURATELY REFLECTS CURRENT BYLAW
PROVISIONS.
Consolidated as of June 16, 2008
TABLE OF CONSOLIDATION
BYLAW
SUBJECT MATTER
Bylaw No. 2628, Amendment No. 1
Add city owned equipment as an
exemption
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WHEREAS, under the provisions of the Community Charter, S.B.C. 2003,c.26, the Council is
empowered to enact a bylaw to regulate or prohibit the making or causing of noise that is liable
to disturb the quiet, peace, rest, enjoyment, comfort or convenience of individuals or the public,
and may make different regulations or prohibitions for different areas of the municipality;
NOW THEREFORE, the Council of the City of Langley, in open meeting assembled, ENACTS
as follows:
1.
The Noise Control Bylaw 1975, No. 493 and all amending bylaws are hereby repealed.
2.
APPLICATION
2.1
This Bylaw applies to all of the City of Langley except for:
(a)
Any person doing work on behalf of the City including the Fire and
Rescue Services, Police Services, and Ambulance Services engaged in
performing their duties.
(b)
Any vehicle, machinery or equipment owned, leased or operated by the
City, the RCMP department or any other public body or owned, leased or
operated by a contractor engaged by the City, the RCMP detachment or
any other public body while carrying out a public service or carrying out
work in or on a highway, bridge, park, the City's public works yard, or
other public infrastructure.
(c)
Any person engaging in construction activity between the hours of 7:00
a.m. to 7:00 p.m. Monday to Friday and 7:00 a.m. to 5:00 p.m. on
Saturday.
(d)
Any person participating in filming or special events activities under
permit and within the hours defined in the permit.
2.2
In addition to Section 2.1 (b), no construction noise is permitted at any time on
Sunday or on Statutory Holidays.
2.3
Where it is impossible or impracticable to comply with subsections 2.1(c) and (d),
the Director of Engineering may by written permit vary the hours the activity may
be carried on. The permit may contain such terms and conditions as the Director
of Engineering deems necessary.
3.
DEFINITIONS
3.1
"City" means the City of Langley
3.2
"Power Garden Tool" means a piece of gardening equipment powered by
electricity or fuel including but not limited to pressure washer, power lawn
mower, leaf blower, edge trimmer, hedge trimmer, weed wacker and
chainsaw.
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3.3
"Motor Vehicle" means a motor vehicle as defined in the Motor Vehicle Act,
R.S.B.C. 1996, c.318 and its amendments.
3.4
"Officer" includes a Peace Officer as defined in the Interpretation Act, R.S.B.C.
1996, c. 238 as amended and any person who is appointed by Council to enforce
and administer this Bylaw including a Building Inspector, or Bylaw Enforcement
Officer.
3.5
"Residential and Quiet Area" means any part of the City of Langley designated
in the City of Langley's Zoning Bylaw, 1996 No. 2100, as e.g. RS1, RS2, RM-1,
RM-2, RM-3.
3.6
"Director of Engineering" means the person appointed as the Director of
Engineering for the City or a person designated to act in place of the Director of
Engineering.
4.
PROHIBITIONS
4.1
No person shall make or cause to be made either in or on a private or public
place in the City any noise which disturbs or is liable to disturb the quiet, peace,
rest, enjoyment, comfort, or convenience of any individuals or the public.
4.2
No owner or occupier of real property in the City shall permit such real property
to be used so that noise or sound emanates therefrom which disturbs or is liable
to disturb the quiet, peace, rest, enjoyment, comfort, or convenience of any
individuals or the public.
4.3
Without limiting Sections 4.1 and 4.2 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 a private or public place or in or from any
vehicle, whether the vehicle is moving or stopped, in any manner which disturbs
or is liable to disturb the quiet, peace, rest, enjoyment, comfort, or convenience
of any individuals or the public.
4.4
Without limiting Sections 4.1 and 4.2 no operator of a motor vehicle either in or
on a private or public place shall make, cause to be made, or permit to be made
any noise from the motor vehicle which disturbs or is liable to disturb the quiet,
rest, enjoyment, comfort or convenience of individuals or the public which
includes but it not limited to noises such as:
(a)
the squealing of tires made by a vehicle accelerating, braking, or
changing direction; or
(b)
a loud, roaring or explosive noise made by a motor vehicle's engine or
exhaust system; or
(c)
the noise generated by any radio, stereo phonic equipment or other
amplification of sound in or on the motor vehicle such that the sound can
be heard by a person outside the motor vehicle.
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4.5
Without limiting Sections 4.1 and 4.2 no person shall by their intermittent or
reiterated cries disturb the quiet, peace, rest, enjoyment, comfort or convenience
of individuals or the public.
4.6
In "residential and quiet areas" no person shall a operate power garden tool
between the hours of 10:00 p.m. and 7:00 a.m.
4.7
No person shall operate any outdoor public address system on private property
in the City.
5.
ENFORCEMENT
5.1
An officer is authorized to enforce the provisions of this Bylaw and may enter
upon property, including a vehicle or motor vehicle on a highway, at all
reasonable times to ascertain whether the provisions of this Bylaw are being
observed.
5.2
A 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, who neglects to do or refrains from doing anything
required to be done by any of the provisions of this Bylaw or who does any act
which violates any of the provisions of this Bylaw, is guilty of an offence against
this Bylaw and liable to the penalties hereby imposed.
5.3
Each day that a violation continues shall constitute a separate offence.
5.4
A person who commits an offence against this Bylaw is liable to a fine of not
more than $10,000.00 for each offence.
6.
SEVERABILITY
6.1
If any provision of this Bylaw is for any reason held to be invalid by the decision
of any court of competent jurisdiction, it shall not affect the validity of the
remaining provisions of this Bylaw.
7.
TITLE
7.1
This Bylaw shall be cited as the "Noise Bylaw, 2006, No. 2628".
READ A FIRST, SECOND, AND THIRD TIME this twenty ninth of May, 2006.
FINALLY ADOPTED on the nineteenth of June, 2006.
______________________________
MAYOR
______________________________
CITY CLERK