North Vancouver, British Columbia
· adopted 2021-01-01
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The Corporation of the City of North Vancouver
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Bylaw No. 8885 CONSOLIDATED
THE CORPORATION OF THE CITY OF NORTH VANCOUVER
"Noise Control Bylaw, 2021, No. 8885"
CONSOLIDATED FOR CONVENIENCE - JULY 22, 2024
Amendment #
Adoption Date
Subject
9048
July 22, 2024
Fees and Charges
The Corporation of the City of North Vancouver
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Bylaw No. 8885 CONSOLIDATED
THE CORPORATION OF THE CITY OF NORTH VANCOUVER
BYLAW NO. 8885
A Bylaw to Control Noise within the City of North Vancouver
The Council of The Corporation of the City of North Vancouver, in open meeting assembled,
enacts as follows:
1.
This Bylaw shall be known and cited for all purposes as "Noise Control Bylaw, 2021, No.
8885".
2.
INTERPRETATION
In this Bylaw:
"Acoustic Calibrator" means an electro-mechanical or mechanical device used for the
calibration of Sound Level Meters which meet the specifications for such devices, which
specifications are set out or described in this section;
"A-weighted Decibel" sometimes denoted "dB(A)" means the unit used to measure the
sound pressure level using "A" weighting network settings on an approved Sound Meter;
"Activity Area" includes an area of the Municipality not designated as either a Mixed Area or
a Quiet Area, except where residential uses are combined with Commercial or Industrial
uses located on the same premises are deemed to be in a Quiet Area for the purposes of
determining acceptable sound levels from non-commercial and non-industrial uses;
"Ambient Sound Level" means the general background sound level at or in the immediate
vicinity of a point of reception determined within a reasonable time before or after the time
a noise is alleged to have been received at such Point of Reception;
"Bylaw Officer" has the same meaning as the City of North Vancouver "Bylaw Notice
Enforcement Bylaw, 2018, No. 8675";
"C-Weighted Decibel" sometimes denoted "dB(C)" means the unit used to measure the
sound pressure level using "C" weighting network settings on an approved Sound Meter;
"City" means The Corporation of the City of North Vancouver;
"Commercial" means the use involving the sale or exchange of goods, materials and things,
including the extension of services to persons, includes, but is not confined to financial and
recreational services;
"Construction" means an 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;
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Bylaw No. 8885 CONSOLIDATED
"Construction Equipment" means any equipment or device designed and intended for use
in construction, or material handling, including, but not limited to, air compressors, pile
drivers, pneumatic or hydraulic tools, bulldozers, tractors, excavators, trenchers, cranes,
derricks, loaders, scrapers, pavers, generators, off-highway haulers or trucks, ditchers,
compactors and rollers, pumps, concrete mixers, graders, or other material handling
equipment;
"Continuous Sound" means any sound occurring for a duration of more than three minutes,
or occurring continually, sporadically or erratically, but totaling more than three minutes in
any fifteen minute period of time;
"Council" means the City Council of the City;
"Decibel" means the ratio between levels of sound pressure expressed at 20 times the
common logarithm of the ratio of sound pressure to a reference quantity of 2 x 10-5 Pascals;
"Daytime" means from 7:00 am to 8:00 pm of the same day;
"Emergency Vehicle" shall have the meaning given to it by the Motor Vehicle Act;
"Highway" shall have the meaning given to it by the Motor Vehicle Act, and also includes
boulevards and sidewalks;
"Holiday" includes Sunday, Christmas Day, Good Friday, Easter Monday, Canada Day,
Victoria Day, British Columbia Day, Labour Day, Family Day, New Year's Day, December
26 and a day set by the Parliament of Canada or by the Legislature, or appointed by
proclamation of the Governor General or the Lieutenant Governor, to be observed as a day
of general prayer or mourning, a day of public rejoicing or thanksgiving, a day for celebrating
the birthday of the reigning Sovereign, or as a public holiday;
"Industrial" means a use providing for the processing, fabricating, assembling, storing,
transporting, distributing, wholesaling, testing, servicing, repairing, wrecking, or salvaging of
goods, materials, or things, includes the operation of truck terminals, docks, railways,
passenger depots, and bulk loading and storage facilities;
"Mixed Area" includes any area of the Municipality where the absence of Noise is of
particular importance to persons in that area at any time, and includes any area within the
Municipality shown on Schedule A attached hereto. Residential uses located in a Mixed
Area are deemed to be in a Quiet Area for the purpose of determining acceptable sound
levels from non-commercial and non-industrial uses;
"Motor Vehicle Act" means the British Columbia Motor Vehicle Act, R.S.B.C 1996, c. 318 as
may be amended;
"Municipality" means the geographic area over which the City is the Municipal Government;
"Nighttime" means from 8:00 pm of any day to 7:00 am of the following day;
"Noise" includes:
(a)
any Sound, Continuous Sound or Non-Continuous Sound which disturbs or
tends to disturb the peace, quiet, rest, enjoyment, comfort or convenience of the
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Bylaw No. 8885 CONSOLIDATED
neighbourhood in which such sound is received, or, of any reasonable Person in
the vicinity of the source of such sound who receives such sound; or,
(b)
any Sound, Continuous Sound or Non-Continuous Sound, which exceeds a
Sound level permitted by this bylaw at the Point of Reception of such sound; or
(c)
any Sound, Continuous Sound or Non-Continuous Sound prohibited by this
Bylaw;
"Noise Control Officer" means the person appointed by resolution of Council, and may be a
Bylaw Enforcement Officer, Vancouver Health Authority Medical Health Officer and
Environmental Health Officers, a Peace Officer or any employee of the Municipality properly
delegated by Council;
"Person" means a Corporation, Partnership, or Party and the personal or other legal
representatives or a person to whom the context can apply according to law;
"Point of Reception" means:
(a)
any place on individual residential premises where Sound originating from any
source, other than a source of the same individual residential premises, is
received; or,
(b)
any place on non-residential premises where Sound originating from any source,
other than a source on the same non-residential use premises, is received; or,
(c)
any place on a Highway where Sound is received;
(d)
for the purposes of Section 4.4(a) means any place in the Municipality more than
15 metres from a source of Sound where Sound is received; or,
(e)
for the purposes of Section 3.6 means any place in the Municipality more than 6
metres from a Vehicle where Sound from such Vehicle is received;
"Power Gardening or Building Maintenance Equipment" means electric or gasoline powered
equipment used for landscaping or building maintenance including but not limited to, lawn
mowers, yard trimming devices, power washers, mechanical painters or sprayers, leaf
blowers, tree or stump grinders, or compressors;
"Quiet Area" includes any area of the Municipality where the absence of Noise is of particular
importance to Persons in that area at any time, and includes any area within the Municipality
shown on Schedule A attached hereto;
"Slow Response" is a dynamic characteristic setting of an approved Sound Level Meter;
"Sound" is an oscillation in pressure, stress, particle displacement or particle velocity, in a
medium with internal forces (i.e. elastic, viscous), or the super-position or such propagated
oscillations, which oscillations are capable of causing an auditory sensation;
"Sound Level" means:
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(a)
the average of the medians of 5 or more sets of lower and upper measurements
of a series of A-weighted Sound pressure levels read or recorded at a Point of
Reception on the Slow Response of a Sound Level Meter;
(b)
for the purposes of Section 3.6 means the maximum measurement of an A-
weighted Sound pressure level read and recorded at a Point of Reception on the
Slow Response setting of a Sound Level Meter;
(c)
for the purposes of Section 4.7 means the average of the medians of 5 or more
sets of lower and upper measurements of a series of a C-weighted Sound
pressure level read and recorded at a Point of Reception on the Slow Response
setting of a Sound Level Meter; and,
(d)
where an integrating Sound Level Meter is used, suitable technical and
mathematical means shall be used to determine the source Sound pressure
level. A-weighted or C-weighted Sound pressure levels must be recorded at a
Point of Reception using the equivalent to Slow Response setting;
"Sound Level Meter" is an A.N.S.I or I.E.C Type 1 Precision Integrating Meter, that is
calibrated for the measurement of Sound;
"Tonal Sound" means that that the Sound under investigation which contains one or more
distinguishable, discrete, continuous tones or notes including without limitation, Sound
characterized by a "whine", "hiss", "screech" or "hum" and "music"; and,
"Vehicle" shall have the meaning given to it by the Motor Vehicle Act.
3.
PERMITTED SOUND LEVELS
3.1 Quiet Area Sound Level
A Person may make, cause or permit to be made, a Continuous Sound with a Sound Level
during the Daytime of 55 Decibels or less, and during the Nighttime of 45 Decibels or less
when received at a Point of Reception within a Quiet Area.
3.2 Mixed Area Sound Level
A Person may make, cause, or permit to be made, a Continuous Sound with a Sound Level
during the Daytime of 55 Decibels or less, and during the Nighttime of 50 Decibels or less
when received at a Point of Reception within a Mixed Area.
3.3 Activity Area Sound Level
A Person may make, cause, or permit to be made, a Continuous Sound with a Sound Level
during the Daytime of 60 Decibels or less, and during the Nighttime of 55 Decibels or less
when received at a Point of Reception within an Activity Area.
3.4 Correction Factors for Sound Levels
For all purposes under this Bylaw, when assessing a Sound relative to the limits set out in
Section 3.1, 3.2 and 3.3, the following correction factors must be applied to the measured
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Bylaw No. 8885 CONSOLIDATED
equivalent Sound Level whenever the Sound has, as a defining characteristic, a Tonal
Sound.
(a)
a +5 Decibel correction if the sound under consideration is Tonal Sound (i.e., contains
one or more pure tone components);
(b)
in order for the tonality correction to apply if measurement is required to determine the
presence of tonality, the level in the one-third octave band contains the tone, or the
arithmetic average of the levels in a pair of bands containing the tone, must exceed
the arithmetic average of the two adjacent bands:
(i)
by 3 Decibel or more for tones in the 500 Hz. To 16 kHz. bands,
(ii)
by 5 Decibel or more for tones in the 160 Hz. to 400 Hz. bands, and,
(iii)
by 10 Decibel or more for tones in the 31.5 Hz.to 125 Hz. bands.
3.5 Non-Continuous Sound Levels
A Person may make, cause or permit to be made, Non-continuous Sound with a Sound
Level during the Daytime of 80 Decibels or less, and during the Nighttime 75 Decibels or
less when received at the Point of Reception in the Municipality.
3.6 Vehicle Sound Levels
Notwithstanding the provisions of Section 3.1, 3.2, 3.3 and 3.5 hereof, a Person may make,
cause or permit to be made, a Sound by a Vehicle while on the Highway not in excess of
the Sound Levels in the following table:
Vehicle Weight
Maximum Sound Level on
Highways with Speed Limits
of 50 Km/h or Less
Maximum Sound Level on
Highways with Speed Limits
in excess of 50 Km/h
Vehicles of Licensed Net
Weight of 2200 Kg. or more
75 Decibels
85 Decibels
Other Vehicles
70 Decibels
75 Decibels
4.
PROHIBITED NOISES
4.1 A Person shall not make, nor cause to be made, nor permit to be made by:
(a)
any other Person, or by any animal, or by any bird or fowl, if any of the same are in
the control of such first-mentioned Person;
(b)
any Vehicle, conveyance, vessel, machinery, equipment or device, if any of the same
are in the control of such first-mentioned Person;
(c)
an activity, if any of the same are in the control of such first-mentioned Person:
a Sound, which when received at a Point of Reception in the Municipality, shall constitute a
Noise as defined or determined pursuant to the provisions of this Bylaw.
4.2 Neither the owner or any occupier of real property shall bring on to, or keep, or use, or cause
to be made, nor permit to be brought on to, to be kept, or to be used, on such real property:
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Bylaw No. 8885 CONSOLIDATED
(a)
any Vehicle, conveyance, machinery, equipment or device;
(b)
any animal, or bird, or fowl:
which is a source of a Sound, which when received at a Point of Reception in the
Municipality, shall constitute a Noise.
4.3 The following Sounds are prohibited from being made by any Person in the Municipality
because they are hereby deemed by Council as objectionable, or liable to disturb the quiet,
peace, rest, enjoyment, comfort and convenience of individuals or the public
notwithstanding that such Sounds may not constitute a violation of any other provision of
this Bylaw:
(a)
the vocal sound made by an animal, bird or fowl, under the control of, or owned by a
Person, which is creating any kind of Sound continually or sporadically for any period
in excess of 30 minutes;
(b)
the Sound made by a combustion engine that is operated without using an effective
muffling system;
(c)
the Sound made by a Vehicle or a Vehicle with a trailer resulting in banging, clanking,
squealing or other like sounds due to an improperly secure load or improperly secured
equipment, or due to inadequate maintenance;
(d)
the Sound made by a Vehicle horn or other warning device used except under
circumstances required or authorized by law;
(e)
the Sound made through the operation of a "Jacobs or Jake" brake or other type of
engine brake on a Motor Vehicle for any purpose other than as an emergency braking
device for the safe operation of the Motor Vehicle;
(f)
shouting, talking or singing with the use of megaphones or voice amplification
equipment, the making of any other Noise, noisy conduct by any Person in or at any
street, wharf, dock, pier or public place, save and except when such Noise is made by
peace officers or fire fighters while in the conduct of their lawful duty;
(g)
the Sound of a burglar alarm or security system that continues for more than 15
minutes;
(h)
the audible Sound of a Motor Vehicle security system which is made either
continuously, or intermittently, for a period exceeding 1 minute; or which produces a
false alarm activating more than 3 times in a 24 hour period, but does not include the
activation status signal when arming and disarming the alarm. A Vehicle which has a
security system operating in contravention of these requirements shall, for the
purposes of Section 813 of the Street and Traffic Bylaw, be deemed a vehicle
unlawfully placed or maintained or permitted to remain upon a street.
(i)
the Sound made by operating a Vehicle in such a way that the tires squeal;
(j)
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
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Motor Vehicle and can be heard at a distance of 5 metres from the Motor Vehicle; and
is continuously made for more than 2 minutes;
(k)
except as permitted under Section 4.4, the sound caused by construction; and,
(l)
except as permitted under Section 4.5, the sound caused by power gardening and
building maintenance equipment.
4.4 Construction Noise
(a)
Notwithstanding the provisions of Section 3.1, 3.2, 3.3 and 3.5 hereof, a Person may
use of permit to be used, equipment which causes a Continuous Sound Level resulting
from construction which does not exceed a Continuous Sound Level of 85 Decibels
when measured at the Point of Reception;
(b)
The Sound generated by construction activity or the activity of construction equipment,
is permitted during the following times only:
(i)
between the hours of 7:00 am and 8:00 pm, Monday through Friday;
(ii)
between the hours of 9:00 am and 5:00 pm on Saturdays.
(c)
Construction activity is prohibited on Holidays.
4.5 Power Gardening and Building Maintenance Equipment Sound
Notwithstanding the provisions of Sections 3.1, 3.2, 3.3, and 3.5, a Person may use or cause
or permit to be used, equipment which causes a Continuous Sound Level;
(a)
resulting from Power Gardening or Building Maintenance Equipment during the
Daytime, except between 7:00am and 9:00am on Saturday, or Holidays, if the Sound
of such lawn mower, or other equipment, when received at such Point of Reception,
does not exceed a Sound Level of 77 Decibels.
4.6 Refuse Collection
No Person shall collect refuse from receptacles or refuse containers, in a Quiet Area or in a
Mixed Area during the Nighttime.
4.7 Commercial Premises C-Weighted Noise Level
No Person shall in any Commercial premises make, cause, or permit to be made or cause
Continuous or Non-continuous Noise or Sound of a radio, television, CD player or other
sound playback device, public address system, or any other music or voice amplification
equipment, musical instrument, whether recorded or live, whether amplified or not, the level
of which during the Daytime exceeds a rating of 70 Decibels C, or during the Nighttime
exceeds a rating of 65 Decibels C when measured at the Point of Reception.
4.8 Right of Entry
Pursuant to Section 16 of the Community Charter, any Noise Control Officer may enter at
all reasonable times upon any property in order to ascertain whether the provisions of this
Bylaw are being observed.
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5.
EXEMPTIONS
5.1 City Exemption
Notwithstanding Sections 3.1, 3.2, 3.3, 3.5, 4.3, 4.4 and 4.5, the City or its agents, may at
any time:
(a)
construct, alter, relocate, repair or demolish buildings and structures;
(b)
excavate, grade or fill land;
(c)
engage in well-pointing;
(d)
construct, install, alter, relocate, repair or remove public facilities or utilities;
(e)
construct, alter, relocate, repair, fill or excavate highways; and,
(f)
allow community and City sponsored special events on City streets or parks.
5.2 Emergency Vehicle Exemption
A driver of an Emergency Vehicle may disregard all of the provisions of this Bylaw while
acting in the course of his lawful duty.
5.3 Emergency Exemption
A Person may perform works of an emergency nature in order to preserve the life or health
of people, or to protect property, without regard to any Sound Level prescribed by this Bylaw
for what, in the opinion of the Noise Control Officer at the scene of the emergency, is the
duration of the emergency, and for the purpose of this Bylaw, an emergency shall be
deemed to include all situations wherein, in the Noise Control Officer's opinion, works are
being carried out to serve the public interest and cannot reasonably be carried out within
the Sound Levels prescribed by this Bylaw.
6.
NOISE EXEMPTION BY PERMISSION
6.1 Authority
A Person may submit an application for an exemption for the provisions of this Bylaw to the
Chief Administrative Officer or designate for an exemption from the provisions of this Bylaw.
The Chief Administrative Officer or designate may allow the exemption with or without terms
and conditions or refuse the exemption request.
6.2 Approval
With respect to exemptions, the Chief Administrative Officer or designate may grant the
exemption for construction projects if satisfied that:
(a)
the volume of traffic in the area of the proposed construction is such as to cause
danger to the workers on the job or to cause traffic congestion;
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Bylaw No. 8885 CONSOLIDATED
(b)
the impact and inconvenience to the residents in the area of the proposed construction
can be minimized;
(c)
the construction cannot be undertaken efficiently or safely during the construction
hours permitted in this Bylaw;
(d)
interruption of any service during construction hours permitted in this Bylaw that would
cause a Person undue hardship; and,
(e)
taking into considerations the past history of the construction site.
6.3 Breach
Breach by the applicant of any of the terms or conditions of the exemption shall render the
exemption null and void. The permit shall be revoked by the Noise Control Officer.
6.4 Community Notification
Where an exemption to the Bylaw is granted the applicant will notify businesses or residents
within 70 metres of the parcel property lines. The notification will be in writing and forwarded
by the applicant at least 24 hours and no more than 7 days prior to the exempted noise.
The notification shall include:
(a)
the applicant's information including the company name, address and telephone
number;
(b)
the details of the exempted work including potential disruptions and other relevant
activity including lights, construction cranes and trucks;
(c)
information about the exemption granted as well as any limitations or conditions
imposed by the Chief Administrative Officer or delegate regarding the exemption as
well as a description of any steps taken or planned to minimize the noise nuisance,
and,
(d)
the City of North Vancouver Noise Complaint telephone number.
7.
CONSTRUCTION SIGNAGE REQUIREMENTS
7.1
Where the permit application is received for development, a Noise Control Construction Sign
must be posted for:
(a)
all demolition permits; and
(b)
all permits with a construction permit value exceeding $500,000 or at the discretion of
the Chief Building Official.
7.2
The holder of the building permit shall prominently post a sign on that parcel of land, and
shall maintain the sign during the course of construction, in accordance with the
requirements set out in this section. Such a sign may be a separate sign or incorporated
into a construction site sign as defined in the Sign Bylaw. A Noise Control Sign must:
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(a)
be posted in a prominent location and clearly visible from each street and/or lane
fronting the property;
(b)
shall be limited to a maximum height from grade of 3.65 metres;
(c)
be at least 1.50 square metres for single or two family dwellings;
(d)
be at least 3.00 square metres for all other type of construction;
(e)
contain script that is at least 5.08 cm high, and is in a color that contrasts with the
background of the sign;
(f)
set out the hours permitted for construction under this Bylaw, and any exemptions to
the construction hours which may have been granted;
(g)
state the name of the general contractor for the construction on the parcel of land, the
telephone number of an individual representative of that general contractor; and,
(h)
give a monitored 24-hour telephone contact number for complaints and concerns and
the City of North Vancouver "Noise Complaint" telephone number.
8.
ENFORCEMENT
8.1
Severability
No provision of this Bylaw depends for its validity on the validity of any other provision.
8.2
Offences and Penalties
Every Person who contravenes any provision of this Bylaw is considered to have committed
an offence against this Bylaw and is liable on summary conviction, to a fine or to
imprisonment for not more than 6 months or to both a fine and imprisonment, to a maximum
of $50,000, and each day that such a violation is caused, or allowed to continue, constitutes
a separate and continuing offence.
Any person designated as a Bylaw Enforcement Officer pursuant to the "Bylaw Notice
Enforcement Bylaw, 2018, No. 8675", or is named as the enforcement officer pursuant to
the "Ticket Information Utilization Bylaw, 1992, No. 6300", is hereby authorized and
empowered to enforce the provisions of this Bylaw or Bylaw Notice or Municipal Ticket
Information or as otherwise provided by this or any other Bylaw of the City of North
Vancouver.
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Bylaw No. 8885 CONSOLIDATED
9.
REPEAL
"Noise Control Bylaw, 1987, No. 5819" and all associated bylaw amendments are hereby
repealed.
READ a first time on the 15th day of November,
2021.
READ a second time on the 15th day of
November, 2021.
READ a third time on the 15th day of November,
2021.
ADOPTED on the 22nd day of November, 2021.
"Linda C. Buchanan"
MAYOR
"Karla D. Graham"
CORPORATE OFFICER
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Schedule "B"
Application under Section 6 of the Noise Control Bylaw
The application noted in section 6.1 shall be in writing and submitted to the Chief Administration
Officer or designate at least 5 business days prior to the date of the proposed activity, and shall
contain:
(a)
the name, address, and telephone number of the applicant;
(b)
the address of the construction site;
(c)
the building permit number, if applicable;
(d)
the reason(s) the exception is sought;
(e)
a description of the source of noise in respect of which the exemption is sought;
(f)
the exact period of time for which the exemption is being sought;
(g)
a statement of the measures planned or presently being taken to minimize the sound
or noise; and
(h)
a non-refundable application fee as set out in Schedule B of the "Fees and Charges
Bylaw, 2024, No. 9000". [Bylaw 9048, July 22, 2024]