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"NOISE CONTROL BYLAW 1994 NO. 4750"
Consolidated Version
1997-JUN-17
Includes amendments: 4887, 5248
CITY OF NANAIMO
BYLAW NO. 4750
A BYLAW TO REGULATE OR PROHIBIT
THE MAKING OR CAUSING OF NOISES OR SOUND IN THE MUNICIPALITY
WHEREAS the Council of the City of Nanaimo believes:
(a)
that certain noises or sounds are objectionable or liable to disturb the quiet,
peace, rest, enjoyment, comfort or convenience of individuals or the public, and
(b)
that it is desirable to regulate or prohibit the making or causing of noises or
sounds in the municipality.
NOW, THEREFORE, the Council of the City of Nanaimo in open meeting assembled
HEREBY ENACTS AS FOLLOWS:
1.
This Bylaw shall be cited as City of Nanaimo "NOISE CONTROL BYLAW 1994
NO. 4750".
2.
INTERPRETATION
In this Bylaw:
"Bylaw Enforcement Officer" means a person appointed by the Municipal Council as a
Bylaw Enforcement Officer and includes a Peace Officer.
"Construction" includes erection, alteration, repair, dismantling, demolition, structural
maintenance, painting, moving, land clearing, earth moving, grading, excavating, the
laying of pipe and conduit whether above or below ground level, street and highway
building, concreting, equipment installation and alteration, and the structural installation
of construction components and materials in any form or for any purpose, and includes
any work in connection therewith.
"Construction Equipment" means any equipment or device designed and intended for
use in construction or material handling, including, but not limited to, air compressors,
pile drivers, pneumatic or hydraulic tools, bulldozers, tractors, excavators, trenchers,
cranes, derricks, loaders, scrapers, pavers, generators, off-highway haulers or trucks,
ditchers, compactors and rollers, pumps, concrete mixers, graders or other material
handling equipment.
"Council" means the Council of the City of Nanaimo.
"Director of Public Works" means the person appointed as the Managing Director of
Public Works from time to time, and includes any person appointed or designated by the
Managing Director to act on his behalf. (Bylaw 5248)
Bylaw 4750 - Consolidated
Page 3
"Highway" includes every highway within the meaning of the Highway Act, and every
road, street, lane or right-of-way designed or intended for or used by the general public
for the passage of vehicles, and every place or passage way to which the public, for the
purpose of the parking or servicing of vehicles, has access or is invited; and every place
or passage way owned or operated by the City of Nanaimo for the purpose of providing
off-street parking.
"Municipality" means the City of Nanaimo.
"Noise" includes sound.
"Persistent/Persistently" means enduring or constantly repeated.
"Point of Reception" means any point on the premises of a person where sound or
vibration originating from other than those premises is received or any place on a
highway sound is received.
"Residential Area" means those areas so designated on the map attached hereto as
Schedule "A".
"Truck" means any motor vehicle with a licenced gross vehicle weight over 8,600 kg.
"Vehicle" includes an automobile, motorcycle, and any other vehicle propelled or driven
otherwise than by muscular power, but does not include the cars of electric or steam
railways, or other motor vehicles running only upon rails, or traction engine, farm tractor,
self-propelled implement of husbandry or road building machine.
3.
GENERAL PROHIBITIONS
No person shall make, cause or permit to be made any noise or sound in or on a
highway or elsewhere, in a private or public place, in the Municipality, which disturbs or
tends to disturb the quiet, peace, rest, enjoyment, comfort or convenience of the
neighbourhood or of persons in the vicinity.
4.(1)
Council considers that the acts listed below cause noises or sounds which are
objectionable or are liable to disturb the quiet, peace, rest, enjoyment, comfort or
convenience of individuals or the public:
(a)
Playing or operating any radio, stereophonic equipment, television receiving set or
other instrument or any apparatus for the production or amplification of sound,
where the noise or sound is clearly audible at a point of reception in a residential
area between the hours of 11:00 p.m. one day and 9:00 a.m. the following day.
(b)
Harbouring or keeping any animal or bird which persistently cries, barks, or howls.
(c)
Being in the care or control of any vehicle, except for buses and trucks, which
creates or emits a noise or sound which is audible beyond 150 metres in any
direction from the vehicle.
Bylaw 4750 - Consolidated
Page 4
(d)
Idling or continuously running of a diesel engine, a truck or bus for more than 15
minutes at the same location, except, where the truck or bus is located within a
garage or depot intended to be used for the long term parking of that vehicle.
(e)
Erecting, demolishing constructing, reconstructing, altering or repairing of any
building or other structure within the Municipality or the excavating of any street,
highway, lane or other land before 7:00 a.m. or after 9:00 p.m., Monday to
Saturday and before 9:00 a.m. or after 9:00 p.m., on Sundays and Statutory
Holidays.
(f)
Using a lawnmower or rototiller before 7:00 a.m. or after 9:00 p.m.
(g)
Loading, unloading, delivering, collection, packing, unpacking, or otherwise
handling any containers, products, materials, or refuse whatsoever before
7:00 a.m. or after 9:00 p.m. in any residential area.
(h)
Creating noise or sound by blasting or the operation of drills, compressors or other
equipment used to prepare land for blasting before 7:00 a.m. or after 5:00 p.m.,
Monday to Saturday and at all times on Sundays and Statutory Holidays.
4.(2)
No person shall make or cause or permit to be made a noise or sound described in
Subsection (1).
5.
EXEMPTIONS
The emission of noise or sound in connection with the following are excluded from the
prohibitions, regulations and penalties contained in this Bylaw:
(1)
Police, Fire Department or Emergency vehicles when engaged upon a service of
public convenience or necessity.
(2)
Horn or signaling device on a boat, train or 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)
Bells or chimes from churches or public institutions.
(5)
The firing of the cannon located at the Bastion site for ceremonial purposes.
(6)
The unloading, loading, pick up or delivering of containers, products, materials,
or whatsoever that is deemed necessary for the maintenance of essential
services or the moving of household effects.
(7)
Noise or sound created in connection with emergency measures undertaken for
the immediate health, safety or welfare of individuals or for the preservation or
restoration of property.
(8)
Noise or sound created from parades or public festivities authorized by Council.
Bylaw 4750 - Consolidated
Page 5
(9)
Noise or sound created by extraordinary construction projects which have been
authorized to take place by the Managing Director of Public Works.
6.
INSPECTION
A Bylaw Enforcement Officer or Peace Officer is hereby authorized to enter, at all
reasonable times, on any property to ascertain whether the requirements of this Bylaw
are being met or the regulations contained in this Bylaw are being observed.
7.
PENALTY
A person who contravenes a provision of this Bylaw is guilty of an offence and is liable,
upon summary conviction, to a penalty of not less than $100.00 and not more than
$2,000.00; or, if an information is laid by means of a ticket, in accordance with the
procedure set out in the Offence Act, a fine as stipulated in Schedule 'B' of this Bylaw.
(Bylaw 4887)
8.
JURISDICTION
This Bylaw is applicable to and enforceable in the Municipality.
9.
SEVERABILITY
If any section or subsection of this Bylaw is found to be invalid by a court of competent
jurisdiction, the section or subsection may be severed from the Bylaw without affecting
the validity of the remainder of the Bylaw.
10.
REPEAL
The City of Nanaimo "NOISE CONTROL BYLAW 1987 NO. 3193" is hereby repealed.
Bylaw 4750 - Consolidated
SCHEDULE 'A'
(City of Nanaimo Zoning Map)
Bylaw 4750 - Consolidated
(Bylaw 4887)
SCHEDULE 'B'
FINE SCHEDULE
Fines for tickets issued pursuant to this Bylaw, shall be as follows:
Description of Offence
Section #
Amount of Fine
Noise causing disturbance
3
$100.00
Objectionable noise
4(2)
$100.00