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The Corporation of the City of Nelson
Page 1 of 8
Noise Control Bylaw No. 3201, 2011
SUMMARY:
The Noise Control Bylaw is to regulate or prohibit the making or causing of noises or
sounds in or on a highway or elsewhere in the Municipality which disturb, or tend to
disturb, the quiet, peace, rest, enjoyment, comfort or convenience of the
neighbourhood, or of persons in the vicinity, or which the Council believes are
objectionable or 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;
This bylaw is a "consolidated" version and includes amendments up to the date listed in
the bylaw heading. It is placed on the Internet for convenience only, is not the official or
legal version, and should not be used in place of certified copies which can be obtained
though the Administration office at City Hall. Plans pictures, other graphics or text in the
legal version may be missing or altered in this electronic version.
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The Corporation of the City of Nelson
Page 2 of 8
Noise Control Bylaw No. 3201, 2011
THE CORPORATION OF THE CITY OF NELSON
Noise Control Bylaw No. 3201, 2011
REVISED: July 9, 2012
BEING A BYLAW TO REGULATE NOISE WITHIN THE CITY OF NELSON
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WHEREAS under the provisions of Part 2, Division 1 Section 6 (Purposes and
Fundamental Powers) and Part 3, Division 10 Section 64(b) (Nuisances, disturbances
and other objectionable situations) of the Community Charter a Municipality is
empowered to enact a bylaw to regulate or prohibit the making or causing of noises or
sounds in or on a highway or elsewhere in the Municipality which disturb, or tend to
disturb, the quiet, peace, rest, enjoyment, comfort or convenience of the
neighbourhood, or of persons in the vicinity, or which the Council believes are
objectionable or 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 Corporation of the City of Nelson, in
open meeting assembled, enacts as follows:
DEFINITIONS
1.
Words defined in the Motor Vehicle Act, being Chapter 288 of the Revised
Statutes of British Columbia 1979, and in the Community Charter shall have
the same meaning when used in this bylaw unless defined in this bylaw or
unless the context otherwise requires.
2.
In this bylaw:
"Bylaw
means persons acting as any of the following are
Enforcement
designated for the purposes of this Bylaw and the Act:
Officer"
a) Special constables, officers, members or constables of
the Nelson Police Department;
b) Bylaw Enforcement Officers appointed pursuant to the
Police Act and Community Charter;
Consolidated for Convenience to Include Bylaw No. 3238
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The Corporation of the City of Nelson
Page 3 of 8
Noise Control Bylaw No. 3201, 2011
c) Local Assists to the Fire Commissioner under Section 6
of the Fire Services Act;
d) Bylaw Enforcement Officers, licensing inspectors,
building inspectors, animal control officers or other
persons acting in another capacity on behalf of a
municipality, regional City or local trust committee for
the purpose of enforcement of one or more of its Bylaws.
"City"
means the Corporation of the City of Nelson or the area
within the boundaries thereof as the context may require;
"Council"
means the Municipal Council of The Corporation of the
City of Nelson;
"Construction"
means any activity which includes erection, alteration,
repair, relocation, 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 being done in connection
therewith;
"Noise"
includes any loud outcry, clamour, shouting or movement,
or any sound that is loud or harsh or undesirable;
"Person"
includes any company, corporation, owner, partnership,
firm, association, society or party;
"Property"
means real property and includes land, a highway, and
every private place or passageway to which the public, for
the purpose of the parking or servicing of vehicles, has
access or is invited, together with all improvements which
have been so affixed to the land as to make them in fact
and in law a part thereof;
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The Corporation of the City of Nelson
Page 4 of 8
Noise Control Bylaw No. 3201, 2011
"Statutory
means New Year's Day, Good Friday, Easter Monday,
Holiday"
Victoria Day, Canada Day, British Columbia Day, Labour
Day, Thanksgiving Day, Remembrance Day, Christmas
Day, Boxing Day and any other holiday prescribed by
regulation;
GENERAL REGULATIONS
1.
No person shall make or cause, or permit to be made or caused, any noise
in or on a public or private place which disturbs or tends to disturb the quiet
peace, rest, enjoyment, comfort, or convenience of any person or persons in
the neighbourhood or vicinity.
2.
No person being the owner, tenant, or occupier of real property shall allow or
permit such real property to be used so that noise or sound which occurs
thereon, or emanates there from, disturbs or tends to disturb, the quiet,
peace, rest, enjoyment, comfort or convenience of any person or persons on
the same piece of property or in the neighbourhood or vicinity.
3.
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 private premises or in any public place in such a manner as to
disturb the quiet, peace, rest, enjoyment, comfort or convenience of the
neighbourhood or of persons in the vicinity.
4.
No person shall own, keep or harbour any animal or bird which by its cries
unduly disturbs the peace, quiet, rest, enjoyment, comfort, convenience or
tranquillity of the surrounding neighbourhood or the public at large.
5.
No hawker, huckster, pedlar, newsvendor, or other person shall by his
intermittent or reiterated cries disturb the quiet, peace, rest, enjoyment,
comfort or convenience of individuals or the public.
VEHICLE
6.
No person shall operate a motor vehicle so as to create a nuisance by noise
or sound emanating from the motor vehicle.
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The Corporation of the City of Nelson
Page 5 of 8
Noise Control Bylaw No. 3201, 2011
CONSTRUCTION
7.
No person in the City shall on any day before 07:00 hours or after 22:00
hours, construct, erect, reconstruct, alter, repair or demolish any building,
structure or thing or excavate or fill in land in any manner which disturbs the
quiet, peace, rest, enjoyment, comfort or convenience of the neighbourhood
or of persons in the vicinity.
8.
No person in the City shall for profit or gain on a Sunday (or Statutory
Holiday), construct, erect, reconstruct, alter, repair or demolish any building
or thing, or excavate or fill in land in any manner which disturbs the quiet,
peace, rest, enjoyment, comfort or convenience of the neighbourhood or of
persons in the vicinity.
9.
Where it is impossible or impractical to comply with this section, the Director
of Engineering and Operations may give written approval to carry on the
work that is found to be necessary at designated hours.
10.
Responsibility for obtaining written approval lies with the person carrying on
the work.
OTHER
11.
No person shall operate any outdoor public address system in the City
without first having obtained a permit therefore.
12.
No person shall operate a snow vehicle, motorboat or motorcycle which
makes or causes noise.
13.
Notwithstanding any provisions of this bylaw, a person may perform works of
an emergency nature for the preservation or protection of life, health or
property but the onus shall be on the person performing the work to show
cause that the work was of an emergency nature.
14.
Where any person plays or operates any radio, stereophonic equipment or
apparatus for the production or amplification of sound, musical instrument or
any other machinery or equipment in contravention of the general provisions
of this bylaw, such equipment, apparatus, instrument or machinery may be
removed, detained or impounded by a Bylaw Enforcement Officer.
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The Corporation of the City of Nelson
Page 6 of 8
Noise Control Bylaw No. 3201, 2011
15.
For each instance of such removal, detention or impoundment, the owner of
the equipment, apparatus, instrument or machinery shall be entitled to
possession upon payment to the City of the removal or detention and
impoundment penalty fees as stated in the City's current Bylaw Notice
Enforcement Bylaw.
16.
If the person entitled to the possession of equipment, apparatus, instrument
or machinery does not within thirty (30) days of its removal, detention or
impoundment, including the payment of the penalty fees as required under
section 15 of this bylaw, and it appears to the City that the equipment,
apparatus, instrument or machinery has market value, the City shall as soon
as possible thereafter, cause it to be sold by public auction to the highest
bidder, or shall otherwise cause it to be disposed of as garbage.
EXEMPTION
17.
This bylaw does not apply to:
a.
Police, Fire or other emergency vehicles proceeding on an
emergency;
b.
The City of Nelson or the Ministry of Transportation and Infrastructure
or agents acting on their behalf for the purpose of operation,
maintenance and capital works including but not limited to excavation,
construction, infrastructure work, operating of maintenance equipment,
repairing of streets, highways or lands;
c.
Snow removal or highway cleaning operations on behalf of the City;
d.
Construction between Monday and Friday (except Statutory Holidays)
between 07:00 hours and 22:00 hours and Saturdays (except Statutory
Holidays) between 09:00 hours and 17:00 hours.
e.
The operation of a public address system required under a building or
fire code;
f.
A parade or procession authorized by the City.
INSPECTIONS
18.
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.
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The Corporation of the City of Nelson
Page 7 of 8
Noise Control Bylaw No. 3201, 2011
ENFORCEMENT AND PENALTY
19.
Every person who contravenes any provision of this bylaw, or consents,
allows or permits an act or thing to be done in violation of a provision of this
Bylaw, or who neglects to or refrains from doing anything required to be
done by a provision of this Bylaw, is guilty of an offence and is liable to the
penalties imposed under this bylaw and any other applicable bylaw of the
City, and is guilty of a separate offence each day that a violation continues to
exist.
Any person who commits an offence against this bylaw is liable to a fine and
penalty of not more than $2,000.00 and not less than $100.00 for each
offence.
Pursuant to Section 264 of the Community Charter, any person designated as a
Bylaw Enforcement Officer pursuant to the "Bylaw Notice Enforcement Bylaw
3195, 2011" is hereby authorized and empowered to enforce the provisions of
this bylaw or bylaw notice or as otherwise provided by this and any other bylaw
of the Corporation of the City of Nelson.
REPEAL
20.
"Noise Control Bylaw No. 2026, 1983" and all amendments thereto is hereby
repealed in its entirety.
SEVERABILITY
21.
If any portion of this bylaw is held to be invalid by a court of competent
jurisdiction, such invalidity shall not affect the remaining portions of the Bylaw.
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The Corporation of the City of Nelson
Page 8 of 8
Noise Control Bylaw No. 3201, 2011
CITATION
22.
This bylaw may be cited as "The Corporation of the City of Nelson Noise
Control Bylaw No. 3201, 2011".
READ A FIRST TIME the 11th day of July, 2011.
READ A SECOND TIME the 11th day of July, 2011.
READ A THIRD TIME the 8th day of August, 2011.
FINALLY PASSED AND ADOPTED the 6th day of September, 2011
John Dooley__________
Mayor
Frances Long_________
Corporate Officer
CERTIFIED A TRUE AND CORRECT COPY OF THE
"City of Nelson Noise Control Bylaw No. 3201, 2010"
__Frances Long______________________________
Manager of Legislative and Administrative Services