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CORPORATION OF THE CITY OF NEW WESTMINSTER
NOISE BYLAW NO. 6520, 1999
EFFECTIVE DATE: September 13, 1999
CONSOLIDATED FOR CONVENIENCE ONLY
(May 2, 2019)
This is a consolidation of the bylaws listed below. The amendment bylaws have been
combined with the original bylaw for convenience only. This consolidation is not a legal
document. Certified copies of the original bylaws should be consulted for all
interpretations and applications of the bylaws on this subject.
AMENDMENT BYLAW
EFFECTIVE DATE
8082, 2019
March 11, 2019
The bylaw numbers highlighted in this consolidation refer to the bylaws that amended
the principal Bylaw No. 6520, 1999. The number of any amending bylaw that has been
repealed is not referred to in this consolidation.
Obtainable from the City Clerk's Office
CORPORATION OF THE CITY OF NEW WESTMINSTER
BYLAW NO. 6520, 1999
A Bylaw to regulate or prohibit
the making or causing of certain noises or sounds in the municipality
WHEREAS:
A.
Council may, by bylaw, regulate or prohibit the making or causing of noises
or sounds in or on a highway or elsewhere in the Municipality that disturb,
or tend to disturb, the quiet, peace, rest, enjoyment, comfort or convenience
of the neighbourhood, or of persons in the vicinity, or that the Council
believes are objectionable or liable to disturb the quiet, peace, rest,
enjoyment, comfort or convenience of individuals or the public;
B.
Without limiting the generality of the foregoing, Council believes that noises
or sounds which are prohibited by this Bylaw or exceed the noise levels
authorized by this Bylaw are objectionable or liable to disturb the quiet, rest,
enjoyment, comfort or convenience of individuals or the public;
C.
Council may make different regulations or prohibitions for different areas of
the Municipality.
THE CITY COUNCIL of the Corporation of the City of New Westminster in
open meeting assembled HEREBY ENACTS AS FOLLOWS:
CITATION
1.
This Bylaw may be cited for all purposes as "Noise Bylaw No. 6520, 1999".
DEFINITIONS
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2.
In this Bylaw, unless the context otherwise requires:
(a)
in the absence of specific provisions to the contrary, words used in
this Bylaw shall have the meaning, if any, given to them by definition
in the Community Charter SBC 2003, c. 26 or, if not defined therein,
the meaning, if any, given to them by definition in the Motor Vehicle
Act R.S.B.C. 1996, c.318;
(b)
"A" means the "A" Scale and "Slow" meter reading of a sound level
meter;
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Act means the Community Charter SBC 2003, c. 26, as amended from
time to time;
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activity zone means every area of the Municipality which is not specifically
designated as a quiet zone in Schedule "B" attached to and forming part of
this Bylaw;
continuous noise means any noise continuing for a period or periods
totalling in excess of three minutes in any fifteen minute period of time;
Corporation means the Corporation of the City of New Westminster, a
municipal corporation duly created by Letters Patent issued on December
24, 1872;
Council means the City Council of the Corporation duly constituted
pursuant to the provisions of the Act;
daytime means that time period from 7:01 a.m. to 9:59 p.m., local time;
dB means a decibel which is a unit of sound level denoting the ratio
between two quantities that are proportional to power, the number of
decibels corresponding to the ratio of two amounts of power is 10 times the
logarithm to the base 10 of this ratio;
emergency vehicle means an emergency vehicle as defined by the Motor
Vehicle Act R.S.B.C. 1996 c.318;
highway, in addition to the meaning given to it by the Act, includes every
private place or passageway to which the public, for the purpose of parking
or servicing vehicles is permitted and also includes boulevards and
sidewalks, but does not include parking areas in quiet zones;
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Inspector means those persons appointed from time to time by the Council
of the Corporation as Bylaw Enforcement Officer, Bylaw Inspector, Licence
Inspector or Manager, Licensing and Integrated Services;
motor vehicle means a motor vehicle as defined by the Motor Vehicle Act
R.S.B.C. 1996 c.318;
Municipality means the geographic area over which the Corporation is the
municipal government;
night means that period from 10:00 p.m. to 7:00 a.m., local time;
noise level means the level of noise or sound measured in dBs on the "A"
Scale, which is to say the "A" weighted network and Slow response of a
sound level meter;
non-continuous noise means any noise or sound which is not defined as
a continuous noise;
peace officer has the meaning given to it by the Interpretation Act R.S.B.C.
1996 c.238 and amendments thereto;
person includes a natural person, company, corporation, owner,
partnership, firm, association, society, party or other like entity;
power equipment means any equipment or machinery used in lawn and
garden care or in building and property maintenance, and includes but is
not limited to leaf blowers, edge trimmers, line trimmers, chippers,
rototillers, lawnmowers, pressure washers and hand-operated tools;
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quiet zone means those areas within the Municipality which are so
designated from time to time in Schedule "B" which is attached to and forms
part of this Bylaw;
real property does not include highways but does include all other land
and all improvements which have been affixed to land;
sound level meter means a device which meets the International Electro-
Technical Commission Standard No. 123 or the British Standard No. 3539
Part 1 or the United States of America Standard A.N.S.I. S1.4-1971 or the
C.S.A. Standard Z107.1-1973.
PROHIBITION
3.
Except as specifically permitted in this Bylaw, no person shall:
(a)
make or cause any noise or sound to be made in or on a
highway, real property or elsewhere 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; or
(b)
make or cause any noise or sound to be made in or on a
highway, real property or elsewhere in the Municipality that
exceeds the noise levels authorized by this Bylaw.
4.
Except as specifically permitted in this Bylaw, no owner or occupier of real
property shall allow or permit 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, or which exceeds the noise
levels authorized by this Bylaw to emanate from such real property.
NOISE LEVELS
5.
The noise level of continuous noise emanating from real property within an
activity zone or from a stationary source on a highway adjoining such real
property in an activity zone shall not exceed 60 dBs during the daytime and
55 dBs at night.
6.
The noise level of continuous noise emanating from real property within a
quiet zone or from a stationary source on a highway adjoining such real
property in a quiet zone, shall not exceed 55 dBs during the daytime and 45
dBs at night.
7.
The noise level of non-continuous noise emanating from real property in
either an activity zone or a quiet zone or from a stationary source situated
on a highway in either an activity zone or a quiet zone, shall not exceed 80
dBs during the daytime or 75 dBs at night.
OPERATION OF POWER EQUIPMENT
8.
Despite Sections 5 and 6:
(a)
no person shall operate power equipment in a quiet zone or an
activity zone or elsewhere in the Municipality at night; and
(b)
the noise levels of power equipment emanating from real property or
a highway in either an activity zone or a quiet zone during the hours
permitted for such operation may reach, but not exceed 87 dBs.
MEASUREMENT OF NOISE LEVELS
9.
Every Inspector and every peace officer of the Corporation are authorized
to measure noise levels with sound level meters in substantial accordance
with the procedures set out in Schedule "A" of this Bylaw.
10.
The noise levels measured by an Inspector or a peace officer shall be a
conclusive statement of whether the noise or sound emanating from real
property or a highway exceeds the noise levels authorized by this Bylaw.
OBJECTIONABLE NOISES FROM MOTOR VEHICLES
11.
Without limiting the generality of Section 3, no person shall make, cause or
allow to be made any of the following noises or sounds which are, in the
opinion of Council of the Corporation, objectionable and liable to disturb the
quiet, peace, rest, enjoyment, comfort or convenience of individuals or the
public:
(a)
the amplified sound of a radio, television, player or other
sound playback device or amplification equipment, or the
sound of a musical instrument, that emanates from a motor
vehicle and can easily be heard by someone outside the
motor vehicle;
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(b)
sound from vehicle-mounted sound amplification equipment
which is continuously made for more than two (2) minutes at
the same location; and
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(c)
the sound of an automobile security system which is made,
either continuously or non-continuously for a period exceeding
one minute, or the sound of an automobile security system,
but not including its activation status signal, which is made
more than three times in a 24 hour period.
12.
No person shall operate a motor vehicle so as to create a nuisance by noise
or sound emanating from the motor vehicle.
EXEMPTIONS
13.
The provisions of this Bylaw do not apply to noises or sounds caused by:
(a)
works of an emergency nature in order to preserve the life or
health of people or to protect property;
(b)
construction work during permitted hours as authorized under
New Westminster Construction Noise Bylaw No. 6063, 1992;
(c)
peace officers, fire fighters and operators of emergency
vehicles in the conduct of their lawful duty;
(d)
a parade or procession authorized by the Corporation;
(e)
emergency works conducted by or on behalf of the
Corporation including, but not limited to excavation,
construction, installation, alteration, relocation, repair or
demolition of buildings, structures, public facilities or utilities;
or
(f)
the operation of a street sweeper, snow removal or other road
and parks maintenance machines and equipment by, or on
behalf of the Corporation;
ENFORCEMENT AND RIGHT OF ENTRY
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14.
Every Inspector and every peace officer is authorized to enforce this Bylaw
and, for that purpose, may enter at all reasonable times upon any real property in order to
ascertain whether the provisions of this Bylaw are being observed.
PENALTY
15.
Every person who violates any of the provisions of the Bylaw shall be guilty
of an offence punishable on summary conviction and shall be liable to a fine not
exceeding $2,000.00 and, in default of payment, to imprisonment not exceeding 30 days.
DESIGNATION UNDER MUNICIPAL TICKETING BYLAW
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16.
This Bylaw is designated under the Community Charter SBC 2003, c. 26 as
a bylaw that may be enforced by means of a ticket in the form prescribed.
REPEAL
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17.
Noise Bylaw No. 5004, 1977 and amendments thereto are repealed.
SEVERABILITY
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18.
If a court of competent jurisdiction should declare any section or part of a
section of this Bylaw to be invalid, such declaration shall not affect the validity of the
remainder of this Bylaw all of which shall remain valid and in force.
This is SCHEDULE "A" which is attached
to and forms part of Noise Bylaw No. 6520, 1999
1.
All noise or sound levels shall be determined using a sound level meter on
the "A" scale and "slow" reading.
2.
Every sound level meter shall be used and operated in accordance with
manufacturer's instructions and shall be calibrated before and after each
reading.
3.
When determining the noise or sound level from a source, the ambient or
background noise or sound level shall be established at the appropriate
position and during the relevant period of time wherever possible before
taking sound measurements from the source.
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4.
Noise or sound measurements should, wherever possible, be made at a
height of approximately one (1) metre and a distance of three (3) metres
from any wall, buildings, or other reflecting structures with the microphone
appropriately oriented.
5.
Precautions shall be taken to ensure that the values recorded correspond to
the noise or sound being investigated and are not due to wind or
extraneous sources.
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6.
When the wind velocity exceeds eight (8) km per hour, a wind screen shall
be used. No test should be attempted when the wind velocity is above 40
km per hour.
7.
The noise level of noise or sound emanating from a stationary source
situated on a highway in the Municipality shall be measured within six (6)
metres of the nearest portion of the stationary source.
8.
The noise level of noise or sound emanating from real property shall be
measured from a point within six (6) metres of either the source of the noise
or sound or a boundary lot line of the real property from which the noise or
sound emanates, whichever is more convenient to the person measuring
the noise level of the noise or sound.
This is SCHEDULE "B" which is attached
to and forms part of Noise Bylaw No. 6520, 1999
For the purposes of this Bylaw, QUIET ZONES shall include all real property classified by
New Westminster Zoning Bylaw under the following classifications (as abbreviated below)
or designated by Council from time to time for residential or institutional use, and all
highways adjoining such real property, except for a highway which also adjoins an Activity
Zone, in which case the boundary between the Quiet Zone and the Activity Zone is the
centreline of the highway:
RS-1
RMW-3A
RS-2
RMW-3B
RS-5
RT-2A
RS-6
RT-2B
RT-1
RT-2C
RT-2
RT-2D
RM-1
RC-1
RM-1A
RQ-1
RM-1B
RQ-5
RM-2
P-1
RM-2A
P-2
RM-4
P-3
RM-5
P-4
RM-5A
P-5
RM-6
P-6
RM-6A
P-7
RW-1
CW-3
RMW-2
CW-4
RMW-2A
NR-1
RMW-3
NR-2
NR-5