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## DISTRICT OF NEW HAZELION
## BYLAW NO. 116
A Bylaw of the District of New Hazelton to regulate noise, nuisance and disturbances within the District of New Hazelton.
under the provisions of Section 932 of the Municipal Act, Chapter the Revised Statutes of British Columbia 1979, the Council of the District of New Hazelton is empowered to enact a Bylaw to:
- a) Prevent, abate and prohibit nuisances and provide for the recovery of the cost of abatement of nuisances from the person causing the nuisance
2. or other persons described in the Bylaw;
3. 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 the quiet, peace, rest, enjoyment, comfort or convenience, of persons in the vicinity or which the Council believes are objectionable x liable to disturb the quiet, peace, rest, enjoyment, comfort or onvenience of individuals or the public and may make different regulation.
4. or prohibitions for different areas of the Municipality;
- c) Prevent or prohibit persons fxom shouting, using megaphones and making other noise in or at or on streets, wharves, docks, piers, railway stations or other public places;
- d) Prevent charivaries and similar disturbances of the peace;
7. Prevent vice, drunkenness, profane swearing or indecent, obscene lasphemous; or grossly insulting language or other inmorality an‹
- e) indecency.
NOW IHEREFORE the Municipal Council of the District of New Hazelton, open meeting assembled, enacts as follows:
## 1. DEFINITIONS
ANIMAL shall include: any form of life endowed with voluntary motion.
AUTHORIZED PERSON shall include the following:
- a) A Member of the R.C.M.P.
- c) A Special Constable
- b) A Bylaw Enforcement Officer
- d) An Auxiliary Constable
- f) The person or persons appointed from time to time by Council to enforce and administrate this Bylaw.
- e) An Animal Control Officer
DISTRICT means the District of New Hazelton.
COUNCIL means the Municipal Council of the District of New Hazelton.
NOISE includes any loud outcry, clamour, shouting or movement, or any sound that is loud or harsh or undesirable.
PERMII shall be a permit as in Schedule "A".
PERMIT APPLICATION shall be as in Schedule "B"
PERSON shall include any corporation, partnership or party and the heirs, executors, administrators or other legal representatives of such person, to whom the context can apply according to law and also includes the owner, his agent or the occupier of or the holder of a purchaser's interest in any agreement for sale of any real or personal property or premises within the District.
PROPERTY shall include real property and includes land together with all improvements which have been so affixed to the land to make them and shall include a highway as
de fact end in havapor chichef, an
UTILITY shall include water, sewer, electrical, telephone, cable
service etc.
## 2. GENERAL REGULATIONS
- (i)
- No person shall make or cause, or allow or permit to be made or caused, any noise in or on any property which disturbs or tends to disturb the quiet, peace, rest, enjoyment, comfort or convenience of any person or persons in the neighbourhood or vicinity.
- No person who is the owner or occupier or tenant of property shall use such property or any part thereof or allow or permit such property or any part thereof to be used in such a manner that noise or sound which occurs thereon or emanates therefrom, 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.
- (iii) No persons shall play or operate or allow or permit or cause to be played or operated any radio, tape recorder, audio playback machine, stereophonic equipment or other instrument or any apparatus for the production or amplification of sound in or on private premises, or in or on any public place in such a manner as to disturb the quiet, peace, rest, enjoyment, comfort or or in the neighbourhood or vicinity.
- (iv) No person shall own, possess, keep, or harbour any dog which by its repeated barking disturbs or tends to disturb the quiet, peace, rest or tranquility of any person or persons in the neighbourhood or vicinity.
- (v) No person shall own, possess, keep or harbour any animal or bird which by its cries disturbs or tends to disturb the quiet, peace, rest or tranquility of any person or persons in the neighbourhood or vicinity.
- (vi) No hawker, huckster, pedlar, newsvendor or other person shall by his intermittent or reiterated cries disturb or tend to disturb the quiet, peace, rest, enjoyment, comfort or convenience of any
- person or persons in the vicinity.
- (vii) No person shall use or operate a public address system or megaphone other thing or device emitting or amplifying noise in the District without first having obtained a permit from the District.
- (viii)No person shall operate a motor vehicle, snow vehicle, motorcycle, motorboat, or dune buggy which makes or causes noise which disturbs or tends to disturb the quiet, peace, rest, enjoyment, comfort or convenience of any person or persons in the neighbourhood or vicinity.
- (ix) No person shall allow or permit or take part in or be part of any charivaries or other similar disturbances of the peace.
- (x) No person shall commit or abet the committing of any nuisance.
- (xi) No person being the owner, occupier or tenant of property shall
- allow or permit any nuisance on that property or emanating from that property to remain unabated.
## BYLAW NO: 116
- (xil) No person being the owner, occupier or tênant of property shall allow or permit or be a party to vice, drunkenness, profane
## 3. EXCEPTIONS
## 1) GENERAL
Nothing in this Bylaw shall preclude:
- The operation of emergency equipment or any emergenc
- (i) rehicle by an authorized person; o
- (ii) Any act of maintenance or repair being carried out b mployees or contractors of the District, the Ministr
- of Highways or any public or private utility; or
- (iii) Any repairs to property of an emergency nature; or
- (iv) Snow removal or dust clearing operations, provided that in the case of private parking lots such actions are commenced as soon as is practicable after the close of business for the day; or
- (V) Any maintenance or repairs or construction to property by the owner, occupier or agent of the said property between the hours of 7:00 a.m. and 10:00 p.m. of the same day; or
- (vi)
- The operation of a public transportation system; or
- (vii) The operation or use of any public address system
- required under a building or fire code; or
- (viii) Any person from functioning within the limits of a permit issued under the Fire or Iraffic Bylaws of the District or under this Bylaw; or
- Construction or industrial work between the hours of
- (ix) 7:00 a.m. and 9:00 p.m. of the same day.
## PERMIT
- 2.1 A permit may be issued by the District Clerk.
- 2.2. Any permit issued pursuant to Section 2.1 shall be in
- the form prescribed by this Bylaw in Schedule "A".
- 2.3
- A permit shall not be issued unless:
- 2.3.1 it is applied for in writing using the form of application prescribed by Schedule "A"; and
- 2.3.2 any fee prescribed by this Bylaw for the issuance of a permit has been paid; anc
- 2.3.3 it is signed by the person who intends to create
- or make noise which is otherwise prohibited by this Bylaw; and
- 2.3.4
- the creation of noise is necessarily incidenta · legal activity on land within the District: an
- 2.3.5
- the creation of noise, whether intermittently o ontinuously created, is limited to. in total. 4 hours or less duration: and
## 2)
- 2.3.6 the noise cannot be muffled by the person
- 2.3.7 he creation of noise cannot be limited to t me span of between 7:00 a.m. and 9:00 p.m. the same day on any day that it is created.
- 2.4 1y permit Issued pursuant to this Bylaw may be revok · the person who issued it if the information supplie y the applicant to such person for the purpose of seekin he permit is inaccurate or untrue
- 2.5 I person who operates a business, which is duly licence o operate within the District, may apply to the Council ox a permit to create noise which is necessaril. incidental to the business activity of such person.
- 2.6 The applicant for a permit described in Section 2.5 shall file with the District Clerk an application for such permit duly completed and signed by such person in the form prescribed by Schedule "B" to this Bylaw, and the Clerk shall place such application form before Council of the District as soon as is reasonably possible for the purpose of allowing the applicant to have Council determine if such a permit shall be issued.
- 2.7 A permit issued by Council may be revoked by the Council if the information supplied by the applicant to Council is untrue or inaccurate, or, if the Council should subsequently determine that the permit authorizing the creation of noise should be revoked because it unduly disturbs the neighbourhood in which such business of the applicant is carried on.
## 4) ENFORCEMENT
- (i) Where an authorized person has reasonable and probable grounds to believe and does believe that a nuisance or disturbance involving an animal has been committed and remains unabated or continues, the authorized person may cause the animal to be taken and stored in the District animal pound or other suitable location and all costs incurred with respect to the taking and storing of such animal shall be paid by the owner or harbourer of the
- (ii) Where an authorized person has reasonable and probable grounds to believe and does believe that a nuisance or disturbance is emanating or originating from a motor vehicle, an authorized person may cause such motor vehicle to be taken and stored until such nuisance or disturbance is abated and the costs associated with and incurred with respect to the removal and storage of such vehicle shall be paid by the registered owner of such vehicle.
- (iii) Where an authorized person has reasonable and probable grounds to believe and does believe that any thing or device has been used or is being used to cause a nuisance, noise or disturbance in violation of this Bylaw that authorized person may cause such thing or device to be taken and stored and the costs associated to such action of renoval and storage shall be paid by the owner of such
- (iv) Where any animal, vehicle, thing or device is impounded in order to prevent the continuation of or to abate any nuisance or disturbance or other violation of this Bylaw, such animal, vehicle, thing or device shall be returned to the owner of it, provided that:
- I. The owner shall have applied to the District for its
2. return, and
2. It shall not have been designated by an Authorized Person to be an exhibit for the purposes of proceedings
4. pursuant to this Bylaw, and
3. The owner shall have paid any and all fees, expenses or costs associated with and incurred by the District with respect to the taking and storing of such animal, vehicle, thing or device,
and in such case it shall be returned to the owner of it within seven days from the date of such application.
- (v) Should no application for the return of the animal, vehicle, thing or device be made by the owner within 30 days of the taking thereof, such animal, vehicle, thing or device shall be deemed to be the property of the District, and the District may sell it, or dispose of it to recover any or all costs or expenses associated with such taking, storing and selling, and any surplus over and above such costs shall be returned to the owner of such animal, vehicle, thing or device, providing such owner is known to the District and can be contacted within seven days from the date of the obtaining of a surplus on sale. Should the animal, vehicle, thing or device taken and stored according to the provisions of this Bylaw be declared an exhibit in proceedings to this Bylaw, the disposition of such animal, vehicle, thing or device shall be at the discretion of the Judge or Court in which such proceedings are taken.
## 5) RIGHT OF ENTRY
Where an authorized person has reasonable and probable grounds to believe and does believe that a violation of this Bylaw exists or that abatement procedures are inadequate, that authorized person may enter upon any property to further an investigation or resolve any violation.
## 6) NOTICES
Where any notice is required to be given pursuant to this Bylaw, such notice may be given:
- a) orally; or
- b) in writing.
Such notices shall be sufficiently delivered if:
- a) Personally served upon a person apparently aged 16 years or more and apparetnly occupying the property affected by such notice; or
- b) Sent to the owner of real property by Double Registered mail to his address appearing on the last revised assessment roll; or
- c) Deposited in a place normally used for the reception of mail; or
- d) If affixed to the property in a prominent place.
## 7) PENALIY SECTION
- (i) Every person who, violates any of the provisions of this Bylaw or who suffers 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 offence against this Bylaw and liable to the penalties hereby imposed.
Each day that a violation continues to exist shall constitute a separate offence.
- 8) The Mayor and District Clerk are hereby empowered to do all things necessary to give effect to this Bylaw.
- 9) This Bylaw may be cited for all purposes as "District of New Hazelton Noise Control Bylaw No. 116, 1988".
READ a FIRSI TIME this 15th
READ a SECOND TIME this 29th
READ a THIRD TIME this 29th
day of
day of
day of
MARCH
MARCH
MARCH
= 1988
, 1988
= 1988
ALL THREE READINGS passed by a unanimous of District Council present and eligible to vote. decision of Members
## RECONSIDERED, FINALLY PASSED
AND ADOPTED this 5th BY A UNANIMOUS day of APRIL =1988, DECISION OF ALL MEMBERS OF DISTRICT COUNCIL
PRESENI AND ELIGIBLE IO VOTE.
Lary
L. Mone
Is. 2. Plent
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## DISTRICT OF NEW HAZELTON
Box 340, New Hazelton, British Columbia, VOJ 2JO
SCHEDULE "A"
to
BYLAW NO. 116
PAGE 7 of 8
## PERMIT
PURSUANI IO SECTION 3.2 OF BYLAW NO. 116 PERMISSION IS GRANTED IO:
NAME
ADDRESS
PHONE
IO MAKE OR CAUSE NOISE PURSUANT TO BYLAW NO. 116:
PLACE
DATES
TIMES
REASONS:
ÄPPROVED
DATE
## DISTRICI OF NEW HAZELION
Box 340, New Hazelton, British Columbia, VOJ 2J0
SCHEDULE "B"
to
BYLAW NO. 116
## APPLICATION FOR NOISE PERMIT
NAME
ADDRESS
BUSINESS NAME
ADDRESS
WILL NOISE BE: CONTINUOUS
DESCRIBE NOISE SOURCE
PHONE
PHONE
INTERMITTENI
OCCASIONAL
REASON FOR PERMIT
WHY CAN NOISE GENERATION NOI BE CONFINED IO 7:00 a.m. to 9:00 p.m.?
WHAI IS LOCATED ON ADJACENT PROPERTY?
WHAT DATE(S) IS/ARE REQUESTED FOR PERMIT:
WILL SOMEONE BE ON SITE AI ALL TIMES? WHERE MIGHI PROBLEMS BE ENCOUNTERED? IF NOT, WHO IS IO BE CONTACTED AND
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