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DISTRICT OF MACKENZIE
BYLAW NO. 1352
A bylaw to regulate noise within the District of Mackenzie
__________________________________________
WHEREAS Sections 8(3)(h), 36 and 64(b) of the Community Charter authorizes Council, by
bylaw, to regulate, prohibit and impose requirements with respect to the making of noise that is
liable to disturb the quiet, peace, rest, enjoyment, comfort or convenience of individuals or the
public and to regulate and prohibit in relation to all uses of or involving a Highway or part of a
Highway;
AND WHEREAS Council believes that noises which are prohibited by this bylaw would be
liable to disturb the quiet, peace, rest, enjoyment, comfort and convenience of individuals or the
public and that this bylaw will protect and enhance the well-being of Mackenzie;
NOW THEREFORE the Council of the District of Mackenzie, in open meeting assembled,
HEREBY ENACTS as follows:
CITATION
1.
This bylaw may be cited for all purposes as "Noise Control Bylaw No. 1352, 2016."
REPEAL
2.
Noise Control Bylaw No. 377, as amended, is repealed.
DEFINITIONS:
3.
In this bylaw:
(a)
"A" means the "A" scale and "slow" meter reading of a Meter;
(b)
"Bylaw Officer" means the person or persons appointed from time to time by the
Council with authority to enforce the bylaws of the District;
(c)
"Community Charter" means the Community Charter, S.B.C. 2003, c. 26, as
amended from time to time;
(d)
"Construction Noise" means a noise or sound caused by, or made in the course
of, the construction, erection, reconstruction, alteration, repair or demolition of a
building or structure, the excavation or filling-in of land, or the moving of a
machine or construction equipment;
(e)
"Continuous Noise" means any Noise, other than Construction Noise, continuing
for a period, or periods, totalling 3 minutes or more in any 15 minute period;
(f)
"Day" means the period of time from 7:00 a.m. to 8:00 p.m. Monday through
Saturdays, except Sundays and statutory holidays and from 8:00 a.m. through
7:00 p.m. on Sundays and statutory holidays;
(g)
"dB" means a decibel which is a unit of sound level denoting the ratio between
two quantities that are proportional to power, in respect of which the number of
decibels corresponding to the ratio of two amounts of power is 10 times the
logarithm to the base 10 of this ratio;
(h)
"District" means the District of Mackenzie;
(i)
"Highway" includes a street, road, land, bridge, viaduct and any other way open
to the public use, but does not include a private right of way on private property;
(j)
"Meter" means a sound level meter used for acoustic measurements of sound
pressure on an "A" weighted scale which meets current Canadian standards;
(k)
"Motor Vehicle" has the same meaning as defined in the Motor Vehicle Act;
(l)
"Motor Vehicle Act" means the Motor Vehicle Act, RSBC 1996, c. 318, as
amended;
(m)
"Night" means the period of time from 8:00 p.m. every day until:
(i)
7:00 a.m. on the next day if the next day is not a Sunday or statutory
holiday; or
(ii)
8:00 a.m. on the next day if the next day is a Sunday or statutory holiday;
(n)
"Noise" means any noise or sound, including any loud outcry, amplified voice,
music, animal noise, clamour, Construction Noise, Continuous Noise, Non-
Continuous Noise, or shouting which is liable to disturb the quiet, peace, rest,
enjoyment, comfort or convenience of individuals or the public within the District
of Mackenzie or is prohibited by this bylaw;
(o)
"Non-Continuous Noise" means any noises or sounds other than Continuous
Noise and Construction Noise;
(p)
"Point of Reception" means the place where a Meter is located to measure the
Sound Level from a source of noises or sounds;
(q)
"Power Equipment" means any tool, equipment or machinery powered by an
internal combustion engine or electric motor that is used for construction, lawn,
garden, building and property maintenance, and includes hedge trimmers, line
trimmers, rototillers, pressure washers, carpet cleaning equipment, and hand
operated power tools including but not limited to chain saws, chippers and leaf
blowers;
(r)
"Premises" means the smallest unit of ownership or occupation of real property,
whichever is the lesser; and
(s)
"Sound Level" means the Meter reading or recording in decibels using an "A"
weighted network at the slow response setting of the Meter.
(t)
"Winter Months" means the beginning of November to the end of February.
4.
Words defined in the Community Charter and the Motor Vehicle Act shall have the same
meaning when used in this bylaw unless defined in this bylaw or unless the context
otherwise requires.
NOISE REGULATIONS
5.
No person shall make, cause or permit Noise or allow an animal to make, cause or permit
Noise in the District or in or on a Highway in the District that does or would be
reasonably expected to disturb the quiet, peace, rest, enjoyment, comfort or convenience
of individuals or the public in the vicinity of the area in which the Noise is made.
6.
Without limiting section 5 of this bylaw, the following Noises are deemed to disturb the
quiet, peace, rest, enjoyment, comfort or convenience of individuals or the public:
(a)
Noise made or caused by a Motor Vehicle:
(i)
engine or exhaust system when such noises or sounds are explosive;
(ii)
horn or other warning device except when authorized by law; or
(iii)
operated in such a manner that the tires squeal;
(b)
Construction Noise or Noise from Power Equipment that exceeds 80 dB during
the Day or that is made or caused during the Night;
(c)
any Continuous Noise that exceeds the following Sound Levels at the Point of
Reception:
(i)
55 dB during the Day; and
(ii)
45 dB during the Night;
(d)
any Non-Continuous Noise that exceeds the following Sound Levels at the Point
of Reception:
(i)
80 dB during the Day; and
(ii)
65 dB during the Night.
7.
For the purpose of enforcing this bylaw, measurement of Sound Levels may be made if or
when practical and/or possible:
(a)
in the case of Noise made or caused in or on a Highway, in a public park or in
another public place, from a Point of Reception not less than 5 meters from the
Noise;
(b)
in the case of Construction Noise or Noise made or caused by Power Equipment,
from a Point of Reception on any Premises, not including the Premises on which
the Noise is made or caused; and
(c)
in all other cases, from a Point of Reception not on the Premises upon which the
source of the Noise is located.
EXEMPTIONS
8.
Notwithstanding sections 5 and 6 of this bylaw, the following exemptions are made from
sections 5 and 6 hereof.
(a)
any Noise made or caused by any emergency vehicle for fire, police or ambulance
purposes;
(b)
any Noise made or caused by a Motor Vehicle or Power Equipment engaged in
the repair of public utilities and services including water, sewer, natural gas,
telephone, cable and electrical infrastructure and works;
(c)
any Noise made or caused by transit buses operated by a public authority;
(d)
any Noise made or caused by officers, employees and agents of the District
carrying out work or providing services on behalf of the District;
(e)
any Noise made or caused by construction, repair or maintenance of any
Highway, public lands or public Premises between the hours of 7:00 a.m. and
9:00 p.m. on any day except Sunday;
(f)
any Noise made or caused by any Motor Vehicle or Power Equipment engaged in
the plowing or removal of snow from a Highway;
(g)
any Noise made or caused by a Motor Vehicle or Power Equipment engaged in
the plowing or removal of snow:
(i)
from industrial, commercial or institutional Premises where the Premises
being cleared do not abut residential Premises within the District;
(ii)
from Residential Premises or from industrial, commercial or institutional
Premises where the Premises being cleared abut residential Premises,
provided such plowing or removal of snow is done between the hours of
4:00 a.m. and 11:00 p.m. on any day; or
(h)
any Noise made or caused by blasting, air-hammering or other Power Equipment
or by equipment pounding or excavating bedrock in a residential area of the
District between 8:00 a.m. and 5:00 p.m., Mondays through Saturdays.
(i)
any Noise made or caused at the District of Mackenzie Gun Range from 9:00am -
9:00pm and dawn until dusk in the winter months.
ENFORCEMENT
9.
The Bylaw Officer is hereby authorized to enter, at all reasonable times, on any Premises
subject to this bylaw for the purpose of determining whether the Noise regulations under
this bylaw are being observed.
10.
No person shall:
(a)
interfere with or obstruct the entry of the Bylaw Officer onto any Premises or any
Motor Vehicle to which entry is made or attempted pursuant to the provisions of
this bylaw; or
(b)
interfere with a Bylaw Officer in issuing a ticket or bylaw notice or otherwise
carrying out his or her duties in accordance with this bylaw, and it is an offence
for any person to interfere with a Bylaw Officer in the enforcement of this bylaw.
11.
Every person who violates a provision of this bylaw, or who consents, allows or permits
an act or thing to be done in violation of a provision of this bylaw, or who neglects or
refrains from doing anything required by a provision of this bylaw, is guilty of an offence
and is liable, upon summary conviction, to a fine not exceeding $10,000.
11.
Each day that a violation continues or exists under this bylaw is a separate offence.
SEVERABILITY
12.
If part of this bylaw is held invalid by a Court of competent jurisdiction, then the invalid
portion shall be severed and the remainder of this bylaw shall be deemed to have been
adopted without the part held invalid.
EFFECTIVE DATE
13.
This bylaw is effective as of the date of adoption.
READ a first time this 13th day of June , 2016.
READ a second time this 13th day of June , 2016.
READ a third time this 13th day of June , 2016.
ADOPTED this 27th day of June , 2016.
I hereby certify the foregoing
to be a true and correct copy of
District of Mackenzie Bylaw
No. 1352 cited as "Noise Control
Bylaw No. 1352, 2016."
___________________________
Mayor
___________________________
Corporate Officer
Corporate Officer