Metchosin, British Columbia
· No. 260
· adopted 1996-06-03
· summary & facts
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DISTRICT OF METCHOSIN
BYLAW NO. 260
A B Y L A W
TO PROVIDE FOR THE ABATEMENT AND CONTROL
OF OBJECTIONABLE NOISE
WITHIN THE DISTRICT OF METCHOSIN
__________________________________________
WHEREAS Section 932 (c) of the Municipal Act provides Council with the authority, by bylaw, to regulate or
prohibit the making or causing of certain noises or sounds within the District of Metchosin;
AND WHEREAS the Council of the District of Metchosin deems it necessary and desirable to regulate or prohibit
noises or sounds which disturb the quiet, peace, rest, enjoyment, comfort or convenience of neighbourhoods,
persons in the vicinity or the public;
NOW THEREFORE the Council of the District of Metchosin in open meeting assembled, enacts as follows:
1.
DEFINITIONS
Bylaw Enforcement Officer means every person appointed by Council as a bylaw enforcement officer for the
Municipality and every police officer.
Commercial Activity means the activity necessary for the commercial use of land permitted in the
following zones:
-
Commercial 1 (C1)
-
Commercial 2 (C2)
-
Commercial Recreation 1 (CR1)
-
Commercial Recreation 2 (CR2)
-
Commercial Recreation 3 (CR3), and
-
Commercial Recreation 4 (CR4)
as outlined in the Metchosin Land Use Bylaw No. 259.
Holiday means:
−
Sunday, Christmas Day, Good Friday and Easter Monday;
−
Canada Day, Victoria Day, British Columbia Day, Labour Day, Thanksgiving Day, Remembrance
Day,
−
New Year's Day; and
−
December 26.
Industrial Activity means the activity necessary for the industrial use of land permitted in the following
zones:
-
Industrial 1 (M1)
-
Industrial 2 (ALR) (M2)
as outlined in the Metchosin Land Use Bylaw No. 259.
Municipality means the District of Metchosin.
District of Metchosin Noise Bylaw 1995, No. 260
page 2
2.
PROHIBITIONS
No person shall:
a)
make or cause or permit to be made or caused, within the Municipality, any noise or sound which
disturbs or tends to disturb the quiet peace, rest, enjoyment, comfort or convenience of the
neighbourhood or of persons in the vicinity;
b)
allow property of which he is the owner, tenant or occupier of, to be used so that a noise or sound
which originates from that property disturbs or tends to disturb the quiet peace, rest enjoyment,
comfort, or convenience of the neighbourhood or of persons in the vicinity;
c)
cause or permit any amplified music or amplified speech which disturbs or tends to disturb the
quiet peace, rest enjoyment, comfort, or convenience of the neighbourhood or of persons in the
vicinity;
d)
cause or permit any noise caused by machinery in the processing, manufacture, storage,
transportation, distribution, testing, servicing, repairing, wrecking, or salvaging of goods, or
materials at any time on a Saturday or a Holiday, or between 6:00 p.m. and 7:00 a.m. Monday to
Friday both inclusive;
e)
keep any dog, which by its calls, cries, barks or other noises disturbs or tends to disturb the quiet,
peace, rest, enjoyment, comfort or convenience of the neighbourhood or of persons in the vicinity.
3.
EXEMPTIONS
This bylaw does not apply to:
a)
police, fire or other emergency vehicles proceeding upon an emergency;
b)
the operation of maintenance equipment by the Municipality or the Ministry of Transportation and
Highways or any public or private utility or agents acting on their behalf;
c)
any repairs to property of an emergency nature;
d)
the sounding of a horn or other signaling device upon any vehicle, machine, boat or train where
such sounding is properly and necessarily used as a danger or warning signal;
e)
the use of bells or chimes on churches or by any public body;
f)
the operation of a public address system required under a building or fire code;
g)
industrial or commercial activities between the hours of 7:00 a.m. and 6:00 p.m., Monday to
Friday inclusive, where such activities are permitted by the Land Use Bylaw;
h)
public or private assemblies where such activities are permitted by the Land Use Bylaw;
i)
the erection, demolition, construction, reconstruction, alteration or repair of any building or other
structure between the hours of 7:00 a.m. and 10:00 p.m. on Monday through Saturday inclusive;
j)
the erection, demolition, construction, reconstruction, alteration or repair of any building or other
structure or between the hours of 9:00 a.m. and 6:00 p.m. on a Holiday;
k)
the use of a lawnmower, power gardening equipment, or a chainsaw between the hours of 7:00
a.m. and 10:00 p.m. Monday to Saturday inclusive;
District of Metchosin Noise Bylaw 1995, No. 260
page 3
l)
the use of a lawnmower, power gardening equipment, or a chainsaw between the hours of 9:00
a.m. and 6:00 p.m. on a Holiday;
4.
RIGHT OF ENTRY
A bylaw enforcement officer may enter on any property at any reasonable time for the purpose of
ascertaining whether the regulations and requirements of this bylaw are being observed. No person shall
obstruct the entry of a bylaw enforcement officer under this section.
5.
PENALTY SECTION
a)
Every person who violates section 2, subsections (a), (b), (c), (d) or (e), of this Bylaw or who
suffered or permits any act or thing to be done in contravention or in violation of any of the
provisions of this Bylaw, or who neglects to do or refrains from doing anything required to be
done by any of the provisions of this Bylaw is guilty of an offense against this Bylaw and is liable
to the penalties hereby imposed.
b)
Each day that a violation continues to exist shall constitute a separate offense.
c)
Every person who commits an offense against this Bylaw is liable to a fine of not more than
$2000.00 and not less than $100.00 for each offense.
6.
SEVERABILITY
If any section or lesser portion of this Bylaw is held to be invalid by a Court, such invalidity shall not affect
the remaining portions of the Bylaw.
7.
REPEAL
The CRD Bylaw No. 1255, Noise Suppression Bylaw (Metchosin), 1984 is repealed and replaced by this
Bylaw.
8.
SHORT FORM
This Bylaw may be cited as the District of Metchosin Noise Bylaw, 1995, No. 260.
Read a first time this
19th
day of
February
1996.
Read a second time this
19th
day of
February
1996.
Read a third time this
21st
day of
May
1996.
Finally passed and adopted by Council on the
3rd
day of
June
1996.
___________________________________ ____________________________________
Mayor Clerk