Community Standards Bylaw 2019 No. 5448 (consolidated) — full text, Langley, British Columbia

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THE CORPORATION OF THE TOWNSHIP OF LANGLEY COMMUNITY STANDARDS BYLAW 2019 NO. 5448 CONSOLIDATED FOR CONVENIENCE ONLY EXPLANATORY NOTE Community Standards Bylaw 2019 No. 5448 is a bylaw to regulate, prohibit and impose requirements in relation to noise, untidiness, unsightliness and abandonment of property in the Township of Langley, and it repeals and replaces the Corporation of the Township of Langley Noise Control Bylaw 2015 No. 5172 and all amending bylaws, the Corporation of the Township of Langley Untidy and Unsightly Premises Bylaw 1982 No. 2092 and all amending bylaws, the Corporation of the Township of Langley Graffiti Bylaw 2008 No. 4627 and all amending bylaws, and the Corporation of the Township of Langley Abandoned Properties Bylaw 2005 No. 4401 and all amending bylaws. Amending Bylaw 2024 No. 6050 - October 7, 2024 Bylaw 2024 No. 6050 amends the Community Standards Bylaw 2019 No. 5448 to increase the hours of construction on Saturday, reduce the required number of days for which noise exemption applications are to be received and reduce the timeline for the approval process for construction sound exemption applications. THIS IS A CONSOLIDATED BYLAW PREPARED BY THE CORPORATION OF THE TOWNSHIP OF LANGLEY FOR CONVENIENCE ONLY. THE TOWNSHIP 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. Bylaw No. 5448 Page 2 THE CORPORATION OF THE TOWNSHIP OF LANGLEY COMMUNITY STANDARDS BYLAW 2019 NO. 5448 The Municipal Council of the Corporation of the Township of Langley, in Open Meeting Assembled, ENACTS AS FOLLOWS: 1. This Bylaw may be cited for all purposes as "Community Standards Bylaw 2019 No. 5448". WHEREAS the Corporation of the Township of Langley deems it necessary and desirable for the purpose of health, safety, protection, wellbeing and enhancement of the community to mitigate the adverse health effects of noise in the Township of Langley, prevent the unsightliness of property, and to regulate abandoned or unoccupied buildings on properties within its jurisdiction; WHEREAS the Community Charter authorizes a municipality to adopt, for the purposes of ensuring health, safety and the well-being of its community, bylaws which regulate, prohibit and impose requirements in relation to noise; WHEREAS the Community Charter authorizes a municipality to adopt, for the purposes of the protection and well-being of its community, bylaws which prohibit the untidiness and unsightliness of properties, including the placement of graffiti; AND WHEREAS the Community Charter authorizes a municipality to adopt, for the purposes of ensuring health, safety and the protection of persons and property, bylaws which require the owner of property to take measures to safeguard abandoned or unoccupied buildings; NOW THEREFORE, the Municipal Council of the Corporation of the Township of Langley, in Open Meeting Assembled, ENACTS AS FOLLOWS: PART 1 - TITLE 1.1 This Bylaw may be cited for all purposes as "Community Standards Bylaw 2019, No. 5448". 1.2 Schedule "A" is attached hereto and forms a part of this Bylaw. PART 2 - INTERPRETATION AND DEFINITIONS "Abandoned Property" means any Building, Structure or improvement which has remained unoccupied by the Owner, or Occupant lawfully entitled to occupy the Building, Structure, or improvement for a continuous period of over thirty (30) days. "Activity Zone" means any area of land zoned to permit industrial or commercial use under the Zoning Bylaw, unless such land qualifies as a Quiet Zone under this Bylaw. "ALR" means agricultural land designated as an agricultural land reserve under the Agricultural Land Commission Act, S.B.C. 2002, c. 36, as amended or replaced, and includes an agricultural land reserve under a former Act. Bylaw No. 5448 Page 3 "Approved Sound Meter" means an acoustic instrumentation system which: (a) is comprised of a microphone, wind screen and recorder which conforms to class 1 or class 2 requirements for an integrating sound level meter, as defined under the current version of IEC 61672-1, or another standard as required by the Manager of Bylaws; (b) has been field calibrated before and after each sound measurement using a class 1 or class 2 field calibrator as defined under the current version of IEC 60942, or another standard as required by the Manager of Bylaws; and (c) has been calibrated, along with the field calibrator, within the past two years by an accredited lab to an identifiable national institute standard acceptable to the Manager of Bylaws. "Building" has the same meaning as defined in the Langley Building Bylaw 2008 No. 4642, as amended or replaced. "Building Inspector" means the person to whom the Municipality has assigned the responsibility for administering its Building regulation bylaws and their deputy or designate. "Construction" means erecting, repairing, altering, adding, installing, demolishing, removing, excavating or shoring, conducted in accordance with the Municipality's Building regulation bylaws. "Construction Sound Sign" has the meaning ascribed to it under section 10.7 of this Bylaw. "Council" means the council of the Municipality. "Daytime" means from 7:00 a.m. to 10:00 p.m. "dBA" means units of A-weighted decibels; the equivalent continuous Sound pressure level measured using the "A" weighting network on an Approved Sound Meter. "dBC" means units of C-weighted decibels; the equivalent continuous Sound pressure level measured using the "C" weighting network on an Approved Sound Meter. "Discarded Materials" means items of little or no apparent economic value, or in a dismantled or damaged condition, or not in use for the purpose for which they were manufactured or intended to be used, including, but not limited to, deteriorated lumber, broken concrete, old newspapers, furniture parts, household appliance parts and fixtures, hot tub covers and old hot tubs, pool liners, vehicle parts, shopping carts, abandoned, broken or neglected equipment, abandoned, broken or neglected boats or boat parts, or scattered remains of items. "Domestic Equipment" means a domestic air conditioner or evaporative cooler, heat pump, swimming pool pump, spa pump, or domestic heating equipment (including central heating and hot water systems) on a residential Property. Bylaw No. 5448 Page 4 "Emergency" means any situation where immediate action must be taken to preserve the environment, public health, safety or an essential service of the Municipality. "Emergency Vehicle" means: (a) a Vehicle carrying rescue or first aid equipment if there is an Emergency; (b) a Vehicle driven by a member of a fire department in the discharge of their duties; and (c) a Vehicle driven by a peace officer, constable or member of the police branch of Her Majesty's Armed Forces in the discharge of their duties. "Firearm" means a barrelled weapon from which any shot, bullet or other projectile can be discharged and that is capable of causing serious bodily injury or death to a person, and includes any frame or receiver of such a barrelled weapon and anything that can be adapted for use as a firearm. "Graffiti" means one or more letters, symbols or marks, howsoever made, on any Building, Structure or thing but does not include marks made accidentally or any of the following: (a) a sign, mural, public notice or traffic control mark authorized by the Municipality, a bylaw of the Municipality, or by Provincial or Federal legislation; and (b) in the case of private Property, a symbol or mark for which the Owner or Occupant of the Property on which the letter, symbol or mark appears has received prior written authorization from the Municipality. "Highway" has the same meaning ascribed to it in the Highway and Traffic Bylaw 2010 No. 4758 as amended or replaced. "Impulsive Sound" means a Sound that is characterized by brief bursts of Sound pressure, with the duration of each impulse usually less than 1 second, including without limitation, Sounds containing bangs, clicks, clatters, or thumps from hammering, banging of doors, and other metal impacts. "Inspector" means: (a) a peace officer; (b) a bylaw enforcement officer designated by the Municipality; (c) a local assistant to the Fire Commissioner; (d) a Building Inspector, or their designate; and (e) any officer, employee or representative of the Municipality appointed under this Bylaw. "Intermediate Zone" means any area of land included within any zone under the Zoning Bylaw, which is not otherwise defined as a Quiet Zone or an Activity Zone under this Bylaw. Bylaw No. 5448 Page 5 "Manager of Bylaws" means the person appointed by Council to the position having that name, their designates and, except with respect to an Exemption Application under Part 11 of this Bylaw, their authorized agents. "Manager of Permit, Licence & Inspection Services" means the person appointed by Council to the position having that name, their designates and, except with respect to an Exemption Application under Part 11 of this Bylaw, their authorized agents. "Municipal Clerk" means the person appointed by Council to the position having that name, and their designates. "Municipality" means the Corporation of the Township of Langley. "Nighttime" means any time not defined as Daytime. "Normal Farm Practice" has the meaning ascribed to it in the Farm Practices Protection (Right to Farm) Act, R.S.B.C. 1996, c. 131, as amended or replaced. "Noxious Weeds" means the plants designated as weeds in the Weed Control Act, R.S.B.C 1996, c.487 and Regulations, as amended or replaced, including but not limited to, blackberry bushes, morning glory, and English Ivy. "Nuisance Service Calls" means a Municipality or RCMP response to abatement of any activity, conduct or condition occurring on or near property which substantially and unreasonably interferes with another Person's use and enjoyment of a public place or of Property occupied by that Person, or which causes injury to health, comfort or convenience of an Owner or Occupant of Property and which is caused by or arises from a Person's failure to comply with the requirements of this Bylaw. "Occupant" means: (a) a Person residing on or in Property; (b) a Person entitled to the possession of Property if there is no Person residing on or in the Property; or (c) a leaseholder. "Owner" has the same meaning as defined in the Community Charter, R.S.B.C. 2003, c.26, as amended or replaced. "Person" includes a natural person, a company, corporation, partnership, firm, association, society, or party and the personal or other legal representatives of a Person to whom the context can apply according to law. "Point of Reception" means a position that: (a) in the opinion of the Inspector, or other person authorized by the Municipality, best represents the location at which the Sound, emanating from another Property, is received and the resulting disturbance is experienced; and (b) is at least 1.2 m from the surface of the ground and any other sound reflecting surface. Bylaw No. 5448 Page 6 "Power Equipment" means any equipment used in lawn and garden care or the maintenance and repair of a Building, Structure or residential Property, including, but not limited to, leaf blowers, trimmers, rototillers, chain saws, blowers, brush cutters, lawn mowers, snow blowers, pressure washers, carpet cleaning equipment and power tools. "Property" means all real property including but not limited to Buildings, Structures and improvements situated on real property. "Quiet Zone" means any area of land included within any zone under the Zoning Bylaw, which contains Residential Premises, except where any part of such land directly borders an Activity Zone. "Representative Time Period" means the measurement period over which a sample of the level or character of the Sound under investigation will be taken as determined by an Inspector, or other person authorized by the Municipality, to best represent the Sound causing the disturbance. "Residential Premises" means a Property used primarily for residential accommodation, and includes hotels and motels. "Rubbish" means solid and semi-solid wastes including, but not limited to, paper, trash, refuse, garbage, cardboard, waste material, demolition material, compost, cans, bottles, yard clippings, wood, rubber, plastics, glass and bedding. "Sound" means a fluctuation in pressure, particle displacement or particle velocity propagated in any medium, or the auditory sensation that may be produced by it. "Sound Device" means any device that is designed to produce, play or amplify a Sound, except a device that is designed to assist the hearing-impaired; for certainty, a Sound Device shall include, but not be limited to, a musical instrument, radio, record player, cassette player, CD player, MP3 player, speaker, stereo, telephone, cell phone, television, microphone, megaphone, alarm, amplifier and other similar devices. "Statutory Holiday" means (a) New Years Day, Family Day, Good Friday, Easter Monday, Victoria Day, Canada Day, British Columbia Day, Labour Day, Thanksgiving Day, Remembrance Day, Christmas Day, and Boxing Day, or any other statutory holiday that may be declared by the Province of British Columbia; and (b) the day named in lieu of a day that is named in paragraph (a) and that falls on a Saturday, or Sunday. "Structure" has the same meaning as defined in the Langley Building Bylaw 2008 No. 4642, as amended or replaced. "Tonal Sound" means a Sound which contains one or more distinguishable, discrete, continuous tones or notes, including without limitation: (a) sound characterized by a whine, hiss, screech, or hum; and (b) music. Bylaw No. 5448 Page 7 "Unsightly" means an accumulation of Rubbish or other Discarded Materials. "Utility Service Provider" means a lawful provider of an electrical, water, natural gas or telecommunications service to consumers in the Municipality. "Vehicle" has the same meaning as defined in the Langley Highway and Traffic Bylaw 2010 No. 4758, as amended or replaced. "Wrecked Vehicle" has the same meaning as defined in the Zoning Bylaw. "Zoning Bylaw" means the Township of Langley Zoning Bylaw 1987 No. 2500, as amended or replaced, or any registered land use contract, as applicable. PART 3 - UNSIGHTLINESS 3.1 No Owner or Occupant of Property shall cause, permit or allow: (a) the Property to become or remain Unsightly; (b) the accumulation of cut tree branches, cut trees, cut bushes or other growth, unstacked firewood, dirt piles, or uncontained compost materials on the Property; (c) the accumulation of construction material not in reasonable use for the Construction, maintenance or as part of the reasonable equipment or furnishings of a Building on the Property, for more than 15 days, unless they are not visible from any other Property; (d) the storage of Discarded Materials, Rubbish, Wrecked Vehicles, Vehicle parts, household chattels and fixtures, furniture, appliances, and other household items of value on the Property, unless the item is in a closed Building, not including a temporary Structure such as a tent canopy or tarp, such that it is not visible from any other Property; (e) a fence or wood ties to be leaning or collapsed on the Property; (f) a Vehicle, boat, trailer or recreational Vehicle to be parked or stored on the landscape portion on a front yard of the Property that is visible from any other Property. PART 4 - NOXIOUS WEEDS AND OVERGROWTH 4.1 No Owner or Occupant of Property shall cause, permit or allow on the Property: (a) Noxious Weeds; (b) the accumulation of uncontrolled growth, except where the Property is lawfully used for agricultural use under the Zoning Bylaw; or (c) grass, weeds or other similar ground cover to be over 20 centimeters in height, except where the Property is lawfully used for agricultural use under the Zoning Bylaw. Bylaw No. 5448 Page 8 PART 5 - GRAFFITI 5.1 No Person shall: (a) place Graffiti, or cause or permit Graffiti to be placed on private Property so as to be visible from any other Property; (b) place Graffiti on a wall, fence, Building or Structure on public Property; or (c) fail to remove Graffiti from private Property, so as not to be visible from any other Property, when so instructed to do so by an Inspector or other Person authorized by the Municipality. PART 6 - GENERAL REGULATIONS 6.1 An Inspector, or other Person authorized by the Municipality, may enter upon any Property at any reasonable time for the purpose of administering this Bylaw, including for the purpose of inspecting a Property to determine whether the Property is an Abandoned Property and whether an Abandoned Property has been or is being secured in accordance with Part 7 of this Bylaw. PART 7 - ABANDONED PROPERTIES 7.1 The Owner of a Property that has or will become an Abandoned Property shall ensure the Property is made secure against unauthorized entry or occupation, vandalism or other intentional damage or fire hazard by one or more of the following methods in accordance with the Municipality's bylaws, to the satisfaction of an Inspector or other Person authorized by the Municipality: (a) securing all entries; (b) affixing structural barriers to doors, windows and other points of ingress using materials and installation effective to preclude entry and in a manner that does not denigrate views of the Abandoned Property from public places or any other Property and shall be installed and maintained in good condition and repair, including, but not limited to, as follows: (i) if directed by an Inspector or other Person authorized by the Municipality, all boards will be painted or otherwise treated so that the colour of the plywood blends with the exterior of the Building or Structure, (ii) all boards used in the covering of doors, windows and other points of ingress shall be installed from the exterior and shall be properly fitted in a watertight manner within the side jams, head jamb, and the exterior bottom sill of the door or window so that any exterior trim remains uncovered by the boarding, and (iii) all boards shall be at minimum 12.7mm (0.5 inch) exterior grade sheet plywood secured with nails or screws spaced not greater than 304.8mm (12 inches) on centre; Bylaw No. 5448 Page 9 (c) installing fencing or other perimeter barriers, to the specifications of the Municipality. 7.3 If an Inspector or other Person authorized by the Municipality determines that a Property is an Abandoned Property that has not been or is not being secured in accordance with this Bylaw, the Inspector or other Person authorized by the Municipality may give notice to the Owner to secure the Property in accordance with this Bylaw. 7.4 The Owner will secure the Abandoned Property in accordance with the requirements of this Bylaw, or as otherwise contained in the notice, or as required by the Inspector or other Person authorized by the Municipality. 7.5 The Owner of an Abandoned Property that has been damaged because of unauthorized entry or occupation, or otherwise, will, within 10 days of service of notice of the damage from an Inspector or other Person authorized by the Municipality, effect such repairs as may be necessary or required by the Inspector or other Person authorized by the Municipality, and install or take such security measures as may be required by the Inspector or other Person authorized by the Municipality to secure the Property against further unauthorized entry or occupation or damage. 7.6 Service of the Municipality's notice under Part 7 of this Bylaw will be sufficient if the Municipality's notice: (a) in the case of service on an individual, is served personally or mailed by regular mail to an address of the Owner, including the address of the Owner shown on the registered title of the Property; or (b) in the case of service on a corporation, is served personally on a director, officer or shareholder of the corporation or by leaving it at or mailing it by regular mail to the registered office of the corporation. 7.7 Notice under Part 7 of this Bylaw will be deemed served on the date that the notice is mailed or delivered in accordance with Section 7.6 of this Bylaw. FEES FOR ATTENDANCE 7.8 In accordance with Schedule "A" of this Bylaw, an Owner shall be responsible for paying, immediately upon receipt of an invoice from the Municipality, all costs of attendance of a Building Inspector, Inspector, RCMP, Municipal fire department personnel, or other Persons authorized by the Municipality, howsoever or whensoever incurred, if the Property is an Abandoned Property and has not been secured or repaired in accordance with this Bylaw. 7.9 Any costs not paid by the Owner pursuant to an invoice served in accordance with Section 7.6 of this Bylaw shall, if unpaid as at December 31 in any year, be added to and collected in the same manner as property taxes within the Municipality, in accordance with Section 399 of the Local Government Act, R.S.B.C 2015, c.1, as amended or replaced Bylaw No. 5448 Page 10 MUNICIPAL WORK IN DEFAULT 7.10 If the Owner fails within 10 days to secure or repair an Abandoned Property in compliance with a notice received pursuant to Sections 7.3 or 7.5 of this Bylaw, or otherwise fails to comply with any provision of this Bylaw, then the Municipality, or its contractors, employees or agents, may enter onto the Property and perform the required work to secure or repair the Property in accordance with this Bylaw, or to otherwise comply with this Bylaw. 7.11 The Owner shall reimburse the Municipality for any expenses incurred by the Municipality as a result of any attendances at the Abandoned Property by an Inspector or other Person authorized by the Municipality under this Bylaw, as well as any other work undertaken pursuant to Section 7.10 of this Bylaw, including reasonable clean-up costs, immediately upon receipt of an invoice from the Municipality. 7.12 Any amounts imposed, charged or incurred by or on behalf of the Municipality pursuant to Sections 7.10 and 7.11 of this Bylaw shall, if unpaid as at December 31 in any year, be added to and collected in the same manner as property taxes within the Municipality, in accordance with Section 399 of the Local Government Act, as amended or replaced. PART 8 - REPEAT NUISANCE SERVICE CALLS 8.1 Where there are 3 or more Nuisance Service Call responses at the same Property within a 12 month period, the Municipality may impose upon the Owner of that Property the nuisance abatement fees set out in Schedule "A" to this Bylaw, for each additional Nuisance Service Call response within the 24 month period following the date of the first Nuisance Service Call, and issue a notice in accordance with Section 8.2. 8.2 A notice issued by the Municipality in accordance with section 8.1 shall state at least the following: (a) the particulars of the nuisance; (b) that the nuisance must cease or non-compliance must be remedied within the time prescribed in the notice; (c) that if the Owner fails to comply with the notice, the Municipality may impose the nuisance abatement fees in accordance with Section 8.1 of this Bylaw; and (d) that the imposition of the nuisance abatement fees are in addition to the Municipality's right to seek other remedies or actions available for abatement of the nuisance. 8.3 Service of the Municipality's notice pursuant to Sections 8.1 and 8.2 of this Bylaw will be sufficient if the Municipality's notice: (a) in the case of service on an individual, is served personally or mailed by regular mail to an address of the Owner, including the address of the Owner shown on the registered title of the Property; or (b) in the case of service on a corporation, is served personally on a director, officer or shareholder of the corporation or by leaving it at or mailing it by regular mail to the registered office of the corporation. Bylaw No. 5448 Page 11 8.4 Notice under Sections 8.1 and 8.2 of this Bylaw will be deemed served on the date that the notice is mailed or delivered in accordance with Section 8.3 of this Bylaw. 8.5 If any fees imposed pursuant to this Bylaw are unpaid as of December 31st in the year that they are imposed, they shall be added to and collected in the same manner as property taxes within the Municipality, in accordance with Section 399 of the Local Government Act, as amended or replaced. 8.6 Nuisance abatement fees may be imposed by the Municipality even if no Person has been charged with an offence relating to a nuisance, a Person charged with an offence relating to a nuisance was acquitted of all charges before a court, or the charges are withdrawn, stayed or otherwise do not proceed. 8.7 Nothing contained in Sections 8.1 to 8.6 of this Bylaw shall be construed to limit the Municipality's other remedies or actions available for violation of this Bylaw or any other bylaw of the Municipality. PART 9 - SOUND CONTROL 9.1 Subject to the exemptions set out in this Bylaw, no Person shall make, cause, or permit to be made or caused, a Sound, which exceeds: (a) 55 dBA or 70 dBC when received at a Point of Reception in a Quiet Zone during the Daytime; (b) 45 dBA or 60 dBC when received at a Point of Reception in a Quiet Zone during the Nighttime; (c) 60 dBA or 75 dBC when received at a Point of Reception in an Intermediate Zone during the Daytime; (d) 50 dBA or 65 dBC when received at a Point of Reception in an Intermediate Zone during the Nighttime; or (e) 70 dBA or 85 dBC when received at a Point of Reception in an Activity Zone. 9.2 For the purposes of section 9.1 of this Bylaw, a Sound under investigation shall be measured: (a) by an Inspector, a qualified professional engineer specializing in acoustics, or other Person authorized by the Municipality; (b) from a Point of Reception; (c) over a Representative Time Period; and (d) with an Approved Sound Meter. 9.3 For a measurement under section 9.2 of this Bylaw, the measured Sound level pressure of a Sound may be adjusted to account for Impulsive Sound, Tonal Sound, or other special qualities. Bylaw No. 5448 Page 12 9.4 Subject to the exemptions set out in this Bylaw, where a Sound cannot be reliably, accurately, or quickly measured under sections 9.1 and 9.2 of this Bylaw, or where in the discretion of the Inspector, the disturbance caused by the Sound is unreasonable, a measurement under sections 9.1 and 9.2 of this Bylaw is not required, and the following general prohibition applies: (a) a Person must not make or cause a Sound in a Highway, park, greenway, plaza or other public place, which disturbs, or tends to disturb, the quiet, peace, rest, enjoyment, comfort, or convenience of Persons in the neighbourhood or surrounding Properties; and (b) an Owner or Occupier of private Property must not make, cause, or permit any other Person to make or cause, a Sound on that Property, which can be heard by a Person not on the same Property, and which disturbs or tends to disturb the quiet, peace, rest, enjoyment, comfort, or convenience of persons in the neighbourhood or surrounding Properties. PROHIBITED TYPES OF SOUND 9.7 Subject to the exemptions set out in this Bylaw, the following types of Sound are specifically prohibited anywhere in the Municipality: (a) Sound made by a combustion engine that is operated without using an effective exhaust muffling system in good working order; and (b) Sound made by music from a Sound Device, whether pre-recorded or live, after 2:00 a.m. and before 7:00 a.m. on any day. PART 10 - GENERAL SOUND CONTROL EXEMPTIONS POWER EQUIPMENT 10.1 A Person may make, cause, or permit to be made or caused, a Sound from Power Equipment during the Daytime, as long as the Sound does not exceed 75 dBA when received from a Point of Reception. 10.2 No Person shall make, cause, or permit to be made or caused, a Sound from Power Equipment during the Nighttime. CONSTRUCTION 10.3 A Person may make, cause or permit to be made or caused, a Sound from Construction: (a) between the hours of 7:00 a.m. and 8:00 p.m. on weekdays, except for Statutory Holidays; and (b) between the hours of 7:00 a.m. and 8:00 p.m. on Saturdays. 10.4 No Person shall make, cause or permit to be made or caused, a Sound from Construction on a Sunday or a Statutory Holiday. 10.5 A Person who has been issued a permit to undertake Construction whose value exceeds $250,000 shall, forthwith after receipt of the permit, post or cause to be posted a sign on #6050 7/10/24 Bylaw No. 5448 Page 13 the Property where the Construction will be undertaken which complies with the requirements of Section 10.6 of this Bylaw. 10.6 A Construction Sound Sign required under section 10.5 of this Bylaw shall: (a) be posted in a prominent location on the Property where the Construction will be undertaken and be clearly visible from at least one highway adjacent to that Property; (b) have a maximum height of 3.65m above grade; (c) have a maximum area of 3.0m²; (d) contain script that is at least 5.08cm high and is a colour that contrasts with the background colour of the Construction Sound Sign; and (e) state at least the following: (i) the permitted Construction hours, and any exemptions to the permitted Construction hours, (ii) the name of the general contractor for the Construction, (iii) the name and telephone number of a representative of the general contractor who can be contacted about the Sound generated by the Construction, (iv) the telephone number for the Municipality's bylaw enforcement department, and (v) any other information as required by the Municipality. GENERAL 10.7 Notwithstanding any other provision in this Bylaw, Parts 9 and 10 of this Bylaw do not apply to: (a) the lawful use and operation of the Langley Regional Airport; (b) the lawful use and operation of: (i) the Langley Events Centre; or (ii) a community centre or recreation centre owned or operated by the Municipality; (c) Normal Farm Practices, including, but not limited to, the use of a bird scare device as defined in the Audible Bird Scare Devices Farm Bylaw 2013 No. 5005, as amended or replaced; Bylaw No. 5448 Page 14 (d) the lawful operation of a licensed business or non-profit organization in accordance with a noise mitigation plan, or noise mitigation recommendations, prepared by a professional engineer specializing in acoustics, and approved by Council in conjunction with the adoption of a bylaw or the issuance of a permit; (e) the discharge of fireworks authorized by and in compliance with a permit issued under the Fire Prevention Bylaw 2014 No. 4965, as amended or replaced; (f) the discharge of a Firearm by a government official or employee in the lawful discharge of their duties, including, but not limited to, the discharge of a Firearm at the Fort Langley National Historic Park Site; (g) an Emergency Vehicle; (h) work undertaken by or on behalf of the Municipality including, but not limited to: (i) the Construction, installation, operation, inspection, maintenance, repair or replacement of Municipal Highways and utilities; (ii) the maintenance of Municipal parks and greenways; (iii) residential waste collection, including the collection of garbage, organics, recycling and other items that have been discarded after primary use; (i) the use of bells, chimes, or other calls to worship by religious institutions, and the use carillons, where such carillons have been lawfully erected in accordance with the Municipality's bylaws; (j) by works and activities authorized by the British Columbia School Board 35 (Langley) and conducted by its employees, agents and contractors on Property owned or operated by the British Columbia School Board 35 (Langley); (k) by lawful outdoor athletic and recreational activity that takes place during the Daytime, except where such activity involves the use of a Sound Device, Firearm, Vehicle, recreational Vehicle, boat, or other electronic or motorized equipment; (l) engine brakes in a Vehicle for the purpose of safely operating a Vehicle; (m) the sounding of a horn or other signaling device in a Vehicle, boat, recreational Vehicle, or train, where such sounding is properly and necessarily used as a danger or warning signal; (n) Sound from a security alarm in a Vehicle, provided the Sound does not continue for more than 10 minutes; (o) Sound from a home or business security alarm, provided the Sound does not continue for more than 10 minutes; (p) the Emergency repair of a utility or Highway by a Utility Service Provider or by the Municipality or its employees, agents, or contractors.; and (q) filming or a special event authorized by the Municipality and in compliance with all requirements of the Municipal authorization. Bylaw No. 5448 Page 15 10.8 In the event of a conflict between Part 9 and Part 10 of this Bylaw, Part 10 shall prevail. PART 11 - PERMITTED SOUND CONTROL EXEMPTIONS EXEMPTION APPLICATION 11.1 A Person may submit an application for an exemption from Parts 9 and/or 10 of this Bylaw (an "Exemption Application"): (a) to the Manager of Permit, License & Inspection Services regarding Sound generated by Construction; and (b) to the Manager of Bylaws regarding Sound generated by an activity other than Construction. 11.2 An Exemption Application must comply with the requirements of any applicable Council policy. 11.3 Unless expressly permitted by the Manager of Permit, License & Inspection Services or the Manager of Bylaws, an Exemption Application must be received by the Municipality at least 5 business days prior to the commencement of the sound in respect of which the exemption is sought. GRANT OR DENIAL OF AN EXEMPTION 11.4 Within 2 business days of receiving a completed Exemption Application, the Manager of Permit, License & Inspection Services or the Manager of Bylaws shall: (a) grant an exemption from one or more provisions of Parts 9 and/or 10 of this Bylaw, with any terms and conditions they deem reasonable; or (b) deny an exemption from one or more of the provisions of Parts 9 and/or 10 of this Bylaw on reasonable grounds. 11.5 An exemption granted under Section 11.4(a) of this Bylaw must be in writing and must state at least the following: (a) the provision or provisions of this Bylaw in relation to which the exemption is granted; (b) the time period during which the exemption is effective; and (c) any terms or conditions of the exemption. 11.6 An exemption denied under Section 11.4(b) of this Bylaw must be in writing and must state at least the following: (a) the reason for refusing the exemption; and (b) the applicant's right to request that Council reconsider the decision to deny the exemption. #6050 7/10/24 #6050 7/10/24 Bylaw No. 5448 Page 16 11.7 An applicant who has been denied an exemption pursuant to Section 11.4 of this Bylaw may request that Council reconsider the decision to deny the exemption in accordance with the following procedures: (a) the applicant may apply for reconsideration by providing written notice to the Municipal Clerk within 14 business days of receiving this decision; and (b) the applicant may make written submissions to Council in respect of the decision. 11.8 Within 30 days of receiving an application under Section 11.7 of this Bylaw, Council shall: (a) grant an exemption from one or more provisions of Parts 9 and/or 10 of this Bylaw, with any terms and conditions it deems reasonable; or (b) uphold the decision to deny the exemption. 11.9 An exemption granted pursuant to Section 11.8(a) of this Bylaw must be in writing and must specify: (a) the provision or provisions of this Bylaw in relation to which the exemption is granted; (b) the time period during which the exemption is effective; and (c) any terms or conditions of the exemption. 11.10 A decision made under section 11.8(b) of this Bylaw must be in writing and must specify the reason for upholding the decision. 11.11 An exemption granted pursuant to Sections 11.4(a) or 11.8(a) of this Bylaw may be revoked by the decision-maker who granted the exemption, if the decision-maker is of the opinion that the Person benefiting from the exemption: (a) contravened a term of the exemption or did not comply with a condition of the exemption; or (b) contravened a bylaw of the Municipality. PART 12 - PENALTY 12.1 A Person who contravenes or violates any provision of this Bylaw, or who suffers or permits any act or thing to be done in contravention or violation of any provision of this Bylaw, or who neglects to do or refrains from doing anything required to be done by any provision of this Bylaw, commits an offence and shall be liable to a fine under the Township of Langley Bylaw Notice Enforcement Bylaw 2008 No. 4703, as amended or replaced. 12.2 Each day that an offence under this Bylaw is continued will constitute a separate and distinct offence. Bylaw No. 5448 Page 17 PART 13 - SEVERABILITY 13.1 If any provision of this Bylaw is found or determined by a court of competent jurisdiction to be invalid, illegal or unenforceable, such provision or portion of the provision will be severable from this Bylaw, and the balance of this Bylaw will continue in full force and effect. PART 14 - REPEAL 14.1 The following bylaws of the Township and their amendments are repealed: (a) Noise Control Bylaw 2015 No. 5172; (b) Abandoned Properties Bylaw 2005 No. 4401; (c) Graffiti Bylaw 2008 No. 4627; and (d) Untidy and Unsightly Premises By-Law, 1982 No. 2092. READ A FIRST TIME the 27 day of May , 2019. READ A SECOND TIME the 27 day of May , 2019. READ A THIRD TIME the 27 day of May , 2019. ADOPTED the 10 day of June , 2019. "JACK FROESE" Mayor "WENDY BAUER" Township Clerk Bylaw No. 5448 Page 18 SCHEDULE "A" Fee Type Description Fees Attendance Investigation and inspection of Property including attendance by any Inspector. Actual costs incurred by the Municipality for all related labour, materials, or equipment, as well as all charges contained in any other bylaw of the Municipality. Repeat Nuisance Service Call Nuisance abatement fee $100 for each additional Nuisance Service Call.