North Saanich, British Columbia
· adopted 2015-01-01
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DISTRICT OF NORTH SAANICH
BYLAW
NO. 1383
A BYLAW TO REGULATE NOISE AND LIGHT WITHIN THE DISTRICT OF
NORTH SAANICH
Under its statutory powers, including sections 8 (3) (b) & (h), 16, 17, 62, 64, 260 to 263 of the
Community Charter, the Council of the District of North $aanich, in open meeting assembled, enacts
the following provisions:
CITATION
This Bylaw may be known and cited for all purposes as "North Saanich Noise Bylaw No. 1383
(2015)".
DEFINITIONS
2.
In this bylaw:
District means the District of North $aanich;
Duly Authorized means authorized by the District;
Emergency Vehicle has the same meaning such words have in the Motor Vehicle Act,
R.$.B.C. 1996, Chapter 318;
Heat Pump means a device which has the capability to transfer heat from the air outside of
a building into the building by means of a compressible refrigerant;
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 private place or passage way to which the public, for the
purpose of the parking or servicing of vehicles, has access or is invited;
Motor Vehicle Sound includes sound which is produced by a motor vehicle's engine,
exhaust system, vehicle warning device, theft alarm, tires, audio device located on or in a
motor vehicle or sounds resulting from a load on or the towing of a vehicle as a result of
improper securement load or inadequate maintenance;
Outdoor Light means any light source that is not fully enclosed in a building or structure
but does not include street lighting provided by the District, Christmas or holiday lights
between November 15 to January 15, lighting required by law enforcement or emergency
personnel, traffic control signals and devices, vehicle lights, and lighting used to illuminate
public parks and playing fields;
Point of Reception means
(a)
any place on a parcel where sound originating from any source, other than a source
on such parcel, is received; or
O)
any place on a highway where sound is received;
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Residential Area means any area of land or highway included within a Single Family,
Multiple Family, or Comprehensive Development zone under the provisions of the Zoning
By-law of the District;
Sound Level Meter means a sound measuring device designed to meet the current
standards of the American National Standard Institute, the Canadian Standards Association,
or equivalent.
3.
Where any word or term or name or abbreviated word or abbreviated term or abbreviated
name used in relation to the use of a sound meter that is not defined in this by-law, or, where
any technical standard or abbreviated technical standard that is not set out in this by-law, is
used in this by-law, such word, term, name, abbreviated word, abbreviated term, abbreviated
name, technical standard or abbreviated technical standard shall be interpreted by reference
to the definitions and technical standards last published by the Canadian Standards
Association (C.S.A.), or by the American National Standards Institute (A.N.S.I.).
EXEMPTION
4.
This bylaw does not apply to emergency vehicles.
ENTRY FOR INSPECTION
5.
A Peace Officer, Bylaw Enforcement Officer, Building Inspector, and any other person duly
authorized by the District to enforce the provisions of this bylaw is hereby authorized to
enter, upon any property at reasonable times and with reasonable notice in order to measure
sound levels or to ascertain whether the provisions of this by-law are in compliance.
GENERAL PROHIBITIONS
6.
No person shall disturb or tend to disturb the quiet, peace, rest, enjoyment, comfort, or
convenience of any person or persons in the neighbourhood or vicinity by:
6. 1
making or causing or permitting to be made or caused, any noise in or on a public or
private place; or
6.2
being the owner, tenant or occupier of real property, allowing or permitting such real
property to be used, so that noise emits from within the property
7.
No person, including person engaged in a commercial enterprise, shall by their cries disturb or
tend to disturb the quiet, peace, rest, enjoyment, comfort, or convenience of any person or
persons in the neighbourhood or vicinity.
8.
No person shall own, keep or harbour any animal or bird which by its cries disturb or tend to
disturb the quiet, peace, rest, enjoyment, comfort, or convenience of any person or persons in
the neighbourhood or vicinity.
9.
No person shall play or operate any radio, gramophone or other instrument or any apparatus
for the production or amplification of sound anywhere within the District in such a manner as
to disturb or tend to disturb the quiet, peace, rest, enjoyment, comfort, or convenience of any
person or persons in the neighbourhood or vicinity.
10.
No person shall place, permit, or allow an Outdoor Light on a parcel of land such that the
Outdoor Light disturbs the enjoyment, use, comfort, or convenience of a person or persons
on another parcel of land in the vicinity.
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11.
No person shall operate or allow the operation of a heat pump resulting in a sound level:
1 1. 1
in excess of 45 decibels at a point of reception located in a residential area; or
11.2
that disturbs or tends to disturb the quiet, peace, rest, enjoyment, comfort, or
convenience of any person or persons in the neighbourhood or vicinity.
PROHIBITIONS RELATED TO CONSTRUCTION
12.
No person shall carry on construction, reconstruction, alteration or repair of any building or
structure, or carry on any excavating or other operation, or operate any kind of machine or
engine, which disturbs or tend to disturbs the quiet, peace, rest, enjoyment, comfort, or
convenience of any person or persons in the neighbourhood or vicinity except between the
following hours of each day:
(a)
Monday to Friday inclusive between the hours of 7:00 a.m. and 7:00 p.m. of each day
except where the day is a statutory holiday within British Columbia; and
O)
Saturday between the hours of 8:00 am. to 4:00 p.m.
PROHIBITIONS RELATED MOTOR VEHICLES
13.
No person shall operate a motor vehicle which emits a Motor Vehicle Sound that:
13.1
is loud, roaring or explosive; or
13.2
disturbs or tends to disturb the quiet, peace, rest, enjoyment, comfort, or
convenience of any person or persons in the neighbourhood or vicinity.
PENALTY SECTION
14.
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,
who neglects to do or refrains from doing anything required to be done by any of the
provisions of this bylaw or who does any act which violates any of the provisions of this
bylaw, is guilty of an offence against this bylaw and liable to the penalties hereby imposed.
15.
Each day that a violation continues to exist shall constitute a separate offence.
16.
Every 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 $300.00 for each offence, and in default of payment
thereof, forthwith or within such time as the presiding Provincial Court Judge of the Peace
shall direct the fine imposed shall be recoverable under the provisions of the Offence Act
R.S.B.C. 1996, Chapter 338 and all amendments.
SEVERABILITY
17.
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.
REPEAL
18.
Bylaw No. 20 and all amendments are hereby repealed.
READ A FIRST TIME the 16th day of February, 2015.
Bylaw
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Page
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READ A SECOND TIME the 16t day of February, 2015.
AMENDED AT SECOND READING the 16th day of February and the 2nd day of
March, 2015.
READ A THIRD TIME the 2nd day ofMarch, 2015.
FINALLY ADOPTED the 9th day of March, 2015.
MAYOR
CORPORATEWICER
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