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26683v5
THE CORPORATION OF THE
DISTRICT OF PITT MEADOWS
NOISE CONTROL BYLAW
Bylaw No. 2138, 2003 and amendments thereto
CONSOLIDATED FOR CONVENIENCE ONLY
This is a consolidation of the bylaws listed below. The amending bylaws have
been consolidated with the original bylaws for convenience only.
Certified copies of the original bylaws should be consulted for all interpretations
and applications of the bylaws on this subject.
BYLAW NO.
ADOPTED
AMENDED SECTION(S)
2138, 2003
December 21, 2004
Original
2387, 2008
September 2, 2008
Section 6
2541, 2012
March 20, 2012
Schedules B and C
2858, 2020
July 22, 2020
Sections 3 and 6 to 17
The bylaw numbers in bold at the end of the clause refer to the bylaws that
amended the principal bylaw.
THE CORPORATION OF THE
DISTRICT OF PITT MEADOWS
NOISE CONTROL BYLAW NO. 2138, 2003
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A Bylaw to provide for the Regulation and Prohibition of
Certain Noises and Sounds
WHEREAS the Council deems it necessary to regulate the making of noises in the
municipality;
AND WHEREAS the Council deems it necessary to regulate and prohibit the making of
certain noises produced on lands used for agricultural purposes;
NOW THEREFORE, the Council of The Corporation of the District of Pitt Meadows in
open meeting assembled, ENACTS AS FOLLOWS:
PART 1 - Citation and Interpretation
1.
This Bylaw may be cited for all purposes as the "District of Pitt Meadows Noise
Control Bylaw No. 2138, 2003".
2.
"District of Pitt Meadows Noise Control Bylaw No. 1612, 1994" is hereby
repealed.
3.
In this Bylaw, unless the context otherwise requires:
"agricultural land" means land designated as agricultural land pursuant to the
Agricultural Land Commission Act R.S.B.C. 1979, c.9, as that Act may be amended
from time to time;
"activity zone" includes every area of the municipality, which is not specifically
designated as a quiet zone in Schedule "C" which is attached to and forms part
of this Bylaw;
"Bylaw Enforcement Officer" means the person designated as such by Council;
"continual sound" means any uninterrupted or frequent sound occurring for a
period or periods totaling in excess of three (3) minutes in any fifteen (15) minute
period of time;
"construction" includes the erection, reconstruction, alteration, repair, relocation,
demolition and removal of a building, structure, or thing, structural maintenance,
painting, land clearing, earth moving, grading, excavating, the laying of pipe or
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;
THE CORPORATION OF THE
DISTRICT OF PITT MEADOWS
NOISE CONTROL BYLAW NO. 2138, 2003
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"District" means The Corporation of the District of Pitt Meadows;
"farming equipment" means tractors, combines, mechanical pickers, pesticide
spraying machinery, irrigation pumps, fans boilers, trucking or products used on
agricultural land;
"holiday" includes:
(a)
Sunday, Christmas Day, Good Friday and Easter Monday;
(b)
Canada Day, Victoria Day, British Columbia Day, Labour Day,
Remembrance Day and New Year's Day;
(c)
December 26th; and
(d)
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 and thanksgiving, a day for celebrating the birthday of the
reigning Sovereign, or as a public holiday.
"noise scare devices" means for Category "A" - Propane Cannons and Category
"B" - fixed Scaring Devices that do not create impulse sounds such as AV-Alarm
Systems, Phoenix Wailers, Distress Call Systems or similar devices that use sound
as a means of bird or pest control and includes the devices referred to in Sec. 6.6;
"non-continual sound" means any sound, which is not defined as a continual
sound;
"outdoor shooting range" means an outdoor facility that is designed or intended
to be used for the discharge of firearms for the purposes of target practice or
target shooting. (Bylaw 2858, 2020)
"person" includes a natural person, company, corporation, owner, partnership,
firm, association, society, party or other like entity;
"point of reception" unless otherwise defined or described here in, means any
place or parcel where sound originating from any source, other than a source on
such parcel, is received;
"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;
THE CORPORATION OF THE
DISTRICT OF PITT MEADOWS
NOISE CONTROL BYLAW NO. 2138, 2003
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"sound" is said to exist if a disturbance is propagated through an elastic medium
(particularly air) which causes an alteration in pressure which can be detected
aurally by a person or by an appropriate instrument;
"sound level" means the level of sound as measured in decibels with the (A)
weighted network and slow response of a sound level meter;
"sound level meter" means a device which meets the "C.S.A. Standard Z107.1 -
1973"; or 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. SI.4 -1971.
4.
GENERAL REGULATIONS
4.1
No person shall make or cause, or permit to be made or caused, any noise or
sound in or on a public or private place which disturbs or tends to disturb the
quiet, peace, rest, enjoyment, comfort or convenience of any person or persons
in the neighbourhood or vicinity.
4.2
No person being the owner or occupier of real property shall allow or permit such
real property to be used so that noise or sound which emanates there from,
disturbs or tends to disturb the quiet, peace, rest, enjoyment, comfort, or
convenience of any person or persons in the neighbourhood or vicinity.
4.3
No person shall own, keep or harbour any animal or bird which by its cries unduly
disturbs the peace, quiet, rest or tranquility of the surrounding neighbourhood or
the public at large.
4.4
No hawker, huckster, peddler, news vendor or other person shall by his
intermittent or reiterated cries disturb the quiet, peace, rest, enjoyment, comfort
or convenience of individuals or the public.
5.
CONSTRUCTION HOURS
5.1
No person in the District shall on any day before 07:00 hours or after 21:00 hours,
construct, erect, reconstruct, alter, repair or demolish any building, structure or
thing or excavate or fill in land in any manner which disturbs the quiet, peace, rest,
enjoyment, comfort or convenience of the neighbourhood or of persons in the
vicinity.
5.2
No person in the District shall carry out construction in any manner for profit or
gain on a Sunday or statutory holiday which disturbs the quiet, peace, rest,
enjoyment, comfort or convenience of the neighbourhood or of the persons in
THE CORPORATION OF THE
DISTRICT OF PITT MEADOWS
NOISE CONTROL BYLAW NO. 2138, 2003
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the vicinity. Nothwithstanding the aforementioned a person may carry out
construction on their residence on a Sunday or statutory holiday between the
hours of 09:00 hours and 18:00 hours, provided that such construction is not being
carried out for profit or gain.
5.3
Where it is impossible or impractical to comply with this section, the Director of
Operations and Development Services may give written approval to carry on the
work that is found to be necessary at designated hours.
5.4
Responsibility for obtaining written approval lies with the person carrying on the
work of the owner of the land on which such work is carried on.
6.
USE OF NOISE SCARE DEVICES ON AGRICULTURAL LANDS
6.1
A person may employ propane powered exploders, "AV-Alarm" systems, Phoenix
Wailers, Distress Call Systems, or similar noise scare devices to create noise or
sound as a method of bird or pest control between the hours of 06:00 hours and
20:00 hours of any day.
6.2
A person may employ a starting pistol, orchard pistol, or similar noise scare device
to create noise as a method of bird or pest control except that such use shall not
create noise that disturbs or tends to disturb the quiet, peace, rest, enjoyment,
comfort or convenience of the neighbourhood or people in the vicinity. (Bylaw No.
2858, 2020)
6.3
No person shall operate a Category "A" Propane Cannon Noise Scare Device to
create noise as a method of bird or pest control within 200m of neighbouring
residences and not within 300m of the Urban-Residential/ALR edge.
(Bylaw No. 2387, 2008)
6.4
No person shall operate a Category "B" Fixed Scaring Device to create noise as
a method of bird or pest control within 100m of neighbouring residences and not
within 200m of Urban-Residential/ALR edge.
6.5
No more than one firing per 5 minutes for Single Shot Cannons and no more than
11 activations or 33 shots in an hour for a Multiple Shot Cannon. Multiple shots
from a cannon are regarded as one activation if they occur in less than a 30 second
period.
6.6
On a parcel that is two hectares or more in area, no more than one propane
powered exploder AV-Alarms, Phoenix Wailers, distress call systems may be used
to produce noise for each two hectares of the area of the parcel at one time.
THE CORPORATION OF THE
DISTRICT OF PITT MEADOWS
NOISE CONTROL BYLAW NO. 2138, 2003
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6.7
No person shall operate a bear banger device to create noise as a method of bird
or pest control. (Bylaw No. 2387, 2008)
6.8
No person shall operate propane cannons to create noise as a method of bird or
pest control between noon and 1500 hours. (Bylaw No. 2387, 2008)
7.
OTHER
7.1
No person shall operate any outdoor public address system in the District without
first having obtained a permit therefore.
7.2
Not withstanding any provisions of this Bylaw, a person may perform work of an
emergency nature for the preservation of protection of life, health or property but
the onus shall be on the person performing the work to show cause that the work
was of an emergency nature.
7.3
Not withstanding any other provision of this Bylaw, between the hours of 07:00
hours and 21:00 hours from Monday to Saturday and between the hours of 09:00
hours and 21:00 hours on Sunday and statutory holidays a person may operate a
power lawn mower or power gardening tool provided that such equipment does
not make or cause to be made noise or sound the level of which exceeds 87 dBAs.
7.4
A person will not discharge a firearm at an outdoor shooting range that is located
within 200 m of the nearest property line of any parcel of land that is used for
residential purposes, outside of the following hours:
a) Wednesdays 18:00 hours - 21:00 hours, and
b) Sundays 10:00 hours - 16:00 hours. (Bylaw No. 2858, 2020)
7.5
Despite section 7.4, the owner of an outdoor shooting range may coordinate up
to eight (8) shooting events per year that fall outside of the hours established in
7.4,
a)
for a maximum of two (2) additional shooting events per month,
b)
with each shooting event lasting no longer than eight (8) hours
within the hours of 09:00 hours and 18:00 hours. (Bylaw No. 2858, 2020)
7.6
No person shall cause any sound to be made anywhere in the District that has a
sound level in excess of that authorized by this Bylaw and no owner or occupier
of real property in the District shall allow the making of any sound that exceeds
the sound level authorized by this Bylaw to emanate from real property so owned
or occupied. (Bylaw No. 2858, 2020)
7.7
Except as provided herein, sound levels emanating from or impinging upon real
property shall not exceed values prescribed by the following tables: (Bylaw No. 2858,
2020)
THE CORPORATION OF THE
DISTRICT OF PITT MEADOWS
NOISE CONTROL BYLAW NO. 2138, 2003
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Quiet Zone
Continual Sound
Non-Continual Sound
Daytime
55 dBA
80 dBA
Nighttime
45 dBA
75 dBA
Activity Zone
Continual Sound
Non-Continual Sound
Daytime
65 dBA
80 dBA
Nighttime
60 dBA
75 dBA
7.8
No person owning a motor vehicle or operating a motor vehicle on a highway
shall allow a sound level to emanate from that motor vehicle in excess of the
following:
(a)
up to a speed of fifty (50) kilometers per hours (km/h):
- with a licenced gross vehicle weight of 2,700 kg or more 88 dBA
- all other motor vehicles 80 dBA
(b)
Vehicles exceeding fifty (50) kilometers per hour (km/h):
- with a licenced gross vehicle weight of 2,700 kg or more 92 dBA
- all other motor vehicles 85 dBA (Bylaw No. 2858, 2020)
7.9
A person may perform work of a temporary nature where sound levels are
expected to exceed the values provided for in this Bylaw only when permission is
granted by the Director of Operations and Development Service or his designate.
Requests to do so must include name, address of applicant, location of source of
sound, description of the nature of the sound, expected maximum sound levels,
the duration of the excessive sound levels and the times during the day when the
sound will be produced. (Bylaw No. 2858, 2020)
7.10 The Bylaw Enforcement Officer or any designated person of the District is hereby
authorized to measure sound levels with sound level meter in accordance with the
provisions of this Bylaw and the sound levels thereby measured shall be deemed
to be conclusive statements of whether the sound emanating from real property
or a motor vehicle does so at a sound level higher than that allowed by this Bylaw.
(Bylaw No. 2858, 2020)
7.11 (a)
The sound level emanating from a motor vehicle must be measured at a
distance no closer than six (6) meters to the motor vehicle;
(b)
The sound level emanating from real property must be measured at a
distance no greater than six (6) meters from the property line;
THE CORPORATION OF THE
DISTRICT OF PITT MEADOWS
NOISE CONTROL BYLAW NO. 2138, 2003
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(c)
The sound level impinging upon real property must be measured inside
the property line of the affected property no further than six (6) meters from
the property line. (Bylaw No. 2858, 2020)
7.12 The provisions of this Bylaw do not apply to:
(a)
police, fire or other emergency vehicles proceeding upon an emergency;
(b)
excavation, construction or repair of bridges, streets, highways or lands by
the District;
(c)
snow removal or highway cleaning operations by the District;
(d)
operation of a public transportation system;
(e)
operation of a public address system required under a building or fire code;
and
(f)
farming equipment and farm vehicles operating legitimately on agricultural
land. (Bylaw No. 2858, 2020)
7.13 A Bylaw Enforcement Officer may enter on any property at anytime for the
purpose of ascertaining whether the regulations and requirements of this Bylaw
are being observed. (Bylaw No. 2858, 2020)
7.14 If any division, section, subsection, sentence, clause or phrase of this Bylaw is for
any reason held to be invalid by the decision of a court of competent jurisdiction,
such decision shall no way affect the validity of the remaining portions of this
Bylaw. (Bylaw No. 2858, 2020)
7.15 Every person who violates any provision of this Bylaw shall be guilty of an offence
under this Bylaw punishable on summary conviction and shall be liable to a fine
not exceeding Two Thousand dollars ($2,000.00) and not less than One Hundred
dollars ($100.00) for each day during which the offence continues and, in default
of payment thereof, to imprisonment for a term not exceeding Thirty (30) days for
each day the offence continues. (Bylaw No. 2858, 2020)
READ a first and second time the 7th day of December, 2004.
READ a third time the 7th day of December, 2004.
FINALLY CONSIDERED AND ADOPTED the 21st day of December, 2004.
Mayor
Corporate Officer
THE CORPORATION OF THE
DISTRICT OF PITT MEADOWS
NOISE CONTROL BYLAW NO. 2138, 2003
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Schedule A
Operating Procedures
1.
All sound levels shall be determined with a sound level meter with (A) weighting
and "slow" response setting.
2.
Sound level meters shall be used and operated in accordance with manufacturer's
instructions. The sound level meter shall be calibrated with or found to be correct
by reference to a calibrator not more than three (3) days before taking a
measurement under this Bylaw and found to be correct by reference to a
calibrator not more than three (3) days after taking that measurement.
3.
When determining the 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. No measurement should be attempted if the difference is 3 db
or less.
4.
Sound level measurements should, in general, be made at a height of
approximately one (1) meter and a distance of greater than three (3) meters 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.
6.
When the wind velocity is above eight (8) kilometers per hour, a windscreen must
be used. No test shall be attempted when the when velocity is above forty (40)
kilometers per hour. Testing of motor vehicles in motion should not be done
when pavements are wet.
7.
In accordance with the prescribed measurement techniques so far described,
various locations about the source should be tested to determine the minimum
sound level emanating from the source for purposes of the application of the
Bylaw.
THE CORPORATION OF THE
DISTRICT OF PITT MEADOWS
NOISE CONTROL BYLAW NO. 2138, 2003
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Schedule B
(Bylaw 2541, 2012)
For the purpose of this bylaw, all real property which is classified by the City of
Pitt Meadows Zoning Bylaw No. 2505, 2011 as:
A 1 General Agricultural
A 2 Large Lot Agricultural -
A 3 Agricultural and Farm Industrial
A 4 Agricultural and Golf Course
A 5 Agricultural and Wildlife Management
RR-1 Estate Lot Rural Residential
RR-2 Large Lot Rural Residential
RR3 Medium Lot Rural Residential
RR-4 Small Lot Rural Residential
RR-5 Rural Residential Cluster Housing
RS Large Lot Residential
R-1 Medium Lot Residential
R-2 Small Lot Residential
RD Duplex Residential
RM 1 Multi Family Residential 1
RM 2 Multi Family Residential 2
RM 3 Multi Family Residential 3
RM 4 Multi Family Residential 4
RM 5 Multi Family Residential 5
CD A Comprehensive Development A
CD B Comprehensive Development B
CD C Comprehensive Development C
CD D Comprehensive Development D
CD E Comprehensive Development E
CD F Comprehensive Development F
CD G Comprehensive Development G
CD H Comprehensive Development H
CD I Comprehensive Development I
CD J Comprehensive Development J
And any other residential or comprehensive development residential zones which
might be added to the Zoning Bylaw No. 2505, 2011 as amended from time to
time shall be QUIET ZONES.
THE CORPORATION OF THE
DISTRICT OF PITT MEADOWS
NOISE CONTROL BYLAW NO. 2138, 2003
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Schedule C
(Bylaw 2541, 2012)
For the purpose of this bylaw, all real property which is classified by the City of
Pitt Meadows Zoning Bylaw No. 2505, 2011 as:
C-1
Highway Commercial
C-2
Neighbourhood Centre Commercial
C-3
Community Commercial
C-4
Local Commercial
C-5
Gas Station Commercial
C 6
Neighbourhood Pub Commercial
MC
Main Street Commercial
TC
Towncentre Commercial
I 1
General Industrial
I 2
Light Industrial Warehouses
I 3
Light Industrial Business Park
I 4
Industrial Storage
I 5
Airport
And any mining activity undertaken in accordance with permits issued under the
Mines Act and other commercial and industrial zones, which may be added to the
City of Pitt Meadows Zoning Bylaw No. 2505, 2011 as amended from time to
time, shall be ACTIVITY ZONES