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VILLAGE OF NEW DENVER
BY-LAW NO. 338
A By-Law to regulate the making or causing of sounds
in or on a highway or elsewhere in the Municipality
of thȾ Village of New Denver which distrub, or tend
to disturb i the quiet, peace, rest, enjoyment, comfort
or convȿnience.of the neighbourhood, or of persons in
the vicinity.
WHEREAS, it is deemed expedient to regulate the making or cɀusing
of noises or sounds in the Municipality which distrub, or tend to
distrub, the quiet, peace, rest, enjoyment, comfort, or convenienee
of the neighbourhood, or of persons in the vicinity, the Municipal
Council of the Corporation ofthe Village of New Denver in open
meeting assembled enacts as follows:
1.
It shall be unlawful for any person or persons within the
Municipal limits of the Village of New Denver to make or cause
any noises or sounds in or on a highway or elsewhere within the
Municipal limits which disturb or tend to disturbthe quiet,
peace, rest, enjoyment, comfort or convenience of the neigh
bourhood or of persons in the vicinity.
2.
Without in any way limiting the prohibition contained in Section
one (1) hereof, the following are specifically pbohibited
within the Municipal limits of the Village of New Denver.
a)
b)
c)
d)
e)
f)
g)
h)
The playing or operation,of any musical instrument or
amplification of sound in such a manner, or with such
volume as to disturb the quiet, peace, rest, enjoyment,
comfort or convenience of the neighbourhood or of persons
in the vicinity.
The keeping of. any animal, bird or fowl which by causing
frequent or loud continued noise shall disturb the quiet,
peace, restɁ ,enjoyment, comfort or convenience of the
neighbourhood or of persons in the vicinity.
The use of any automobile, motor-cycle, bus or other
vehicle so out of repair oi so loaded or operated as to
create loud or unnecessary noise or noises.
The discharging into the open air of the exhaust bf any
stationary internal combustion engine, motor vehicle
engine or automobile engine except through a muffler or
other device which effectively prevents unnecessary noise
therefrom.
The sounding of a horn or other signalling device upon an
automobile, motor-cycle, bus or other vehicle not in motion.
The sounding of a horn or. other signalling device upon an
automobile, motor-cycle, bus or other vehicle in motion
except as a danger or warning signal.
The creation of any excessive noise on any streɂt, highway
or lane, adjacent to any school, institution of learning,
Church, or Court, while the same are in session or adjacent
to any hospital at any time.
The ldading or unloading of any truck, Wijgon, automobile
or motor vehicle in or upon any public or private place
or premises in such a manner as to disturb the quiet,
peace, rest, enjoyment, comfort or convenience of the
neighbourɃood or of persons in the vicinity.
BY-LAW NO. 338
- 2 -
i)
Yelling, shouting, whistling or singing on the highways
at any time or place so as to disiurb the quiet, peace,
rest, enjoyment, comfort or convenience of any person in
any hospital, dwelling, hotel, motel or other type of
residence.
j)
The erecting (including excavating), demolishing, construc
ting, reconstructing, altering or repairing of any buil ding,
or the eƛcavating of any-street, highway or lane other
than between the hours of seven (7) o'clock in the forenoon
and nine.(9) o'clock in the afternoon except in the case
of urgent necessity and in the interest of public health
and safety and then only after a written permit from the
Mayor or Clerk of: the Village of New Denver beƜn first
obtained, which permit shall be limited as to the time
during which the work so permitted may be performed.
3,
The provisions of this By-Law shall not apply to or be enforced
against:
a)
Any vehicle of the Village of New Denver while engaged
upon necessary public business.
b)
The use of bells or chimes for the announcing of Church
services of all kinds.
c)
The playing of dance music in any regularly licenced dance
hall between the hours of eight (8) o'clock in the afternoon
and two (2) o'clock in the forenoon of the following day,
when such following day is a week day, and one (1) o'clock
in the forenoon of the following day when such day is a
Sunday.
d)
Any work carried out during restricted hours with the
permission of the Mayor
or the Village Clerk in writing,
specifying the time during such restricted hours :when such
work be performed.
4.
Any person or persons guilty of an infraction of any of the
provisions of this By-Law shall, upon ·Summary Convict ion, be
liable to a penalty not exceeding the.
sum of Two Thousand
Dollars ($2,000.00) for each dffence.
5.
Village of New Denver Anti-Noise By-Law No. 281 is herein
repealed.
6.
Village of New Denver Anti-Noise amendment By-Law No. '298, 1982
is herein repealed.
7.
If any Section, Subsection, Sentence , Clause or Phrase of this
By-Law is for any reason held to be invalid by the . decision of
any Court of Competent Jurisdiction such a decision shall not
affect the validity of the remaining portions of this By-Law.
8.
This By-Law shall come into force and effect upon Registration
in the Office of the Inspector of Municipalities.
9.
This By-Law may be cited for all purposes as the. "Village of
New Denver Anti-Noise By-Law No·. 338, 1986."