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THE CORPORATION OF THE DISTRICT OF OAK BAY
BYLAW NO. 3210
(Consolidated up to April 28, 2025 to include Bylaws. 3332, 3937, 4198, 4594 and 4902)
A Bylaw for the abatement and control of objectionable noises
CONSOLIDATED FOR CONVENIENCE USE ONLY
This consolidated is not a legal document. Certified copies of the original bylaws should be consulted for all
interpretations and application of the bylaws of this subject.
A Bylaw for the abatement and control of objectionable noises
The Municipal Council of The Corporation of the District of Oak Bay, in open meeting
assembled, enacts as follows:
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This Bylaw may be cited as the "ANTI-NOISE BYLAW, 1977".
2
In this Bylaw, unless the context otherwise requires, the following terms and expressions shall
have the meanings hereinafter assigned to them, that is to say:
(a)
"CORPORATION" shall mean The Corporation of the District of Oak Bay;
(b)
"dB (A)" means the sound pressure level, measured in decibels, as indicated on the
'A' scale of a sound level meter conforming to ANSI S1.41971 as revised. (Bylaw 4902)
(c)
"HEAT PUMP" means a device which has the capacity to transfer heat from the air
outside a building or structure to the air inside a building or structure or vice versa, by
means of a compressible refrigerant and includes an air conditioner, condenser,
compressor, refrigeration unit and all equipment and devices accessory thereto; (Bylaw
4902)
(b)
"LEAF BLOWER" means a portable electric or engine-driven device, including both a
backpack device and a hand-held device, used for blowing or sucking up leaves, grass or
debris, but excluding a device mounted on or towed by a motor vehicle;
(c)
"MUNICIPAL CREWS" means employees of The Corporation or persons under
contract to The Corporation;
(**Bylaw 4198, adopted Oct.14, 2003)
(d)
"PERSON" includes a corporation, partnership or individual.
3 (1)
No person shall make or cause to be made any noise or sound within the geographical
limits of The Corporation of the District of Oak Bay which is liable to disturb the quiet,
peace, rest, enjoyment, comfort or convenience of individuals or the public.
(2)
No owner, tenant or occupier of real property within the geographical limits of The
Corporation of the District of Oak Bay shall allow that property to be used so that a noise
or sound which originates from that property disturbs or tends to disturb the quiet, peace,
rest, enjoyment, comfort or convenience of individuals or the public.
(**Bylaw 3332, adopted Aug.5/80)
2
(**Bylaw 3937, adopted May 12/97)
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Without limiting the generality of the foregoing, the following conduct is specifically prohibited
within the geographical limits of The Corporation of the District of Oak Bay:
(1)
shouting, using a megaphone, or making other noise in or at or on highways, parks,
wharves, docks, piers, boatlandings or other public place in such a manner liable to
disturb the quiet, peace, rest, enjoyment, comfort or convenience of individuals or the
public;
(**Bylaw 4594, adopted Sept. 30/13)
(2)
the playing of any radio, phonograph, television, receiving set, musical instrument or
sound amplification device whether in or upon private premises or in any public place in
such a manner or with such volume liable to disturb the quiet, peace, rest, enjoyment,
comfort or convenience of individuals or the public;
(3)
the keeping or harbouring of any animal or caged bird which by making frequent noise is
liable to disturb the quiet, peace, rest, enjoyment, comfort or convenience of individuals
or the public;
(4)
the operation of any automobile, truck, motorcycle, bus or other vehicle which by reason
of disrepair, lack of a sufficient muffler, or any other cause, creates noise or sound liable
to disturb the quiet, peace, rest, enjoyment, comfort or convenience of individuals or the
public.
(**Bylaw 3332, adopted Aug.5/80)
(5)
(a)
on Saturday, Sunday or a holiday, the operation of a leaf blower at a time
outside the hours of 9:00 a.m. to 5:00 p.m.;
(b)
from Monday through Friday, excluding holidays, the operation of a leaf
blower at a time outside the hours of 8:00 a.m. to 8:00 p.m.
(**Bylaw 4198, adopted Oct.14, 2003)
(6)
Operating a heat pump or multiple heat pumps on a single property resulting in a sound
power level measured from any property line in excess of:
i.
50 dB(A) between 7:00 a.m. and 10:00 p.m. on any day, or
ii.
45 dB(A) between 10:00 p.m. and 7:00 a.m. of the following day.
(Bylaw 4902)
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The provisions of this Bylaw shall not apply to:
(1)
any vehicle of the Police or Fire Department of The Corporation or of any other public
body or any ambulance or any public service or emergency vehicle machinery or activity
while engaged in a service of public convenience or necessity;
(**Bylaw 4594, adopted Sept. 30/13)
(2)
the sounding of a horn or other signalling device upon any vehicle or boat, where such
sounding is property and necessarily used as a danger or warning signal;
(3)
the use, in a reasonable manner, of any apparatus or mechanism for the amplification of
the human voice or of music in a public park or square in connection with any public
meeting, public celebration or other public gathering;
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(4)
the use of bells or chimes by churches and the use of carillons where such carillons have
been lawfully erected;
(5)
any parade, procession, performance, concert, ceremony, gathering or meeting in or on
any highway or public place, when duly authorized or permitted under the provisions of
any bylaw, statute or ordinance in force in The Corporation of the District of Oak Bay;
(**Bylaw 4594, adopted Sept. 30/13)
(6)
the excavating of any highway or any other land between the hours of 7:00 a.m. and 7:00
p.m. on each day except Sunday, or, in case of urgent necessity, at any time if such work
is essential to the health, safety or protection of the public or the safety or protection of
private property;
(**Bylaw 4594, adopted Sept. 30/13)
(7)
the erection, demolition, construction, reconstruction, alteration or repair of any building
or other structure:
(a)
between the hours of 7:00 a.m. and 7:00 p.m. on each day except Sunday if such
work is authorized by a permit which is not a renewal permit, as defined the
Building and Plumbing Bylaw, 2005;
(b)
between the hours of 9:00 a.m. and 5:00 p.m. on each day except Sunday if such
work is authorized pursuant to a renewal permit, as defined in the Building and
Plumbing Bylaw, 2005; or
(c)
at any time in case of urgent necessity, if such work is essential to the health,
safety or protection of the public or the safety or protection of private property;
and
(**Bylaw 4594, adopted Sept. 30/13)
(8)
any sound or noise resulting from the use in a reasonable manner of the premises of any
Community Care Facility duly licensed under the Community Care Facilities Licensing
Act, or of similar institutions.
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Between the hours of 6:00 a.m. and 8:00 p.m. on any day, Section 4(5) shall not apply to the
operation of a leaf blower by municipal crews acting in the course of their employment or
engagement by The Corporation, nor to the operation of a leaf blower on the lands shown in
bold outline on Schedule "A" attached to this Bylaw.
(**Bylaw 4198, adopted Oct.14, 2003)
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Any person who violates any provision of this Bylaw is guilty of an offence and liable upon
summary conviction to a fine of not more than One Thousand Dollars ($1,000.00). For the
purpose of this clause an offence shall be deemed committed upon each day during or on which a
violation occurs or continues.
8
The "Anti-Noise Bylaw, 1964" being Bylaw No. 2491 of the Corporation is hereby repealed.
READ a first, second and third time by the Municipal Council on May 25, 1977
RECONSIDERED, ADOPTED AND FINALLY PASSED by the Municipal Council on June 6, 1977
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Mayor
Municipal Clerk
Sealed with the Seal of The Corporation of the District
of Oak Bay.
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