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City of Port Coquitlam | Noise Regulation Bylaw, 2022
No. 4273
Page 1 of 6
CITY OF PORT COQUITLAM
NOISE REGULATION BYLAW, 2022
Bylaw No. 4273
A Bylaw of the City of Port Coquitlam to regulate and prohibit certain noises and sounds.
1.
CITATION
This Bylaw is cited as "Noise Regulation Bylaw 2022, No. 4273".
2.
INTERPRETATION
2.1 Words or phrases defined in the British Columbia Interpretation Act, Motor Vehicle
Act, Community Charter or Local Government Act shall have the same meaning when
used in this Bylaw unless otherwise defined in this Bylaw.
3.
DEFINITIONS
3.1 In this Bylaw:
"Building Manager" means the person appointed from time to time by the City as
Manager of Building or their designate;
"Bylaw Enforcement Officer" means a person or persons employed by the City for the
purpose of enforcement of the City's Bylaw, and includes any member of the Royal
Canadian Mounted Police;
"Bylaw Services Manager" means the person appointed from time to time by the City as
Bylaw Services Manager or their designate;
"Construction" includes the erection, reconstruction, alteration, repair, relocation,
demolition or 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 or 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;
"City" means the Corporation of the City of Port Coquitlam;
"Continuous Noise" means any noise or 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;
"Decibel" means the ratio between levels of sound pressure expressed as 20 times the
base 10 logarithm of the said ratio;
"Highway" includes every highway within the meaning of the Transportation Act, S.B.C.
2004, c. 44 and amendments thereto, and every road, street, lane or right-of-way designed
City of Port Coquitlam | Noise Regulation Bylaw, 2022
No. 4273
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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, shoulder, boulevard, ditch and sidewalk, and whatever
lands lie between the property lines of the highway, and further includes every Off-Street
Parking Facility;
"Holiday" includes: Sunday, Christmas Day, Boxing Day, New Year's Day, Family Day,
Good Friday, and Easter Monday; Canada Day, Victoria Day, British Columbia Day,
Labour Day, Thanksgiving Monday, National Day for Truth and Reconciliation, and
Remembrance Day; and any other holiday identified in section 29 of the Interpretation Act
(British Columbia);
"Real Property" means land other than a highway, with or without improvements so
affixed to the land as to make them in fact and in law a part thereof;
"Point of Reception" means a position that
a) is within the property line of the real property occupied by the recipient of a noise
or sound;
b) is located at least 1.2 m above the surface of the ground and any other sound
reflecting surface; and
c) best represents the location at which the noise or sound, emanating from another
property, is received and the resulting disturbance experienced.
"Power Equipment" means any equipment or machinery used in garden or lawn care,
or in property maintenance, that is powered by electricity or fuel, including, but not limited
to pressure washers, power lawn mowers, leaf blowers, edge trimmers, hedge trimmers,
weed whackers, chippers, hand operated power tools, and chainsaws.
4.
PROHIBITED NOISES AND SOUNDS
Except as specifically permitted by this Bylaw, no person shall:
4.1 Make, or cause to be made, any continuous noise, vibration or sound on, in, or
emanating from real property or a highway, to disturb or tend to disturb the quiet,
peace, rest, enjoyment, comfort or convenience of the neighbourhood or of person(s)
in the vicinity;
4.2 Permit or cause to be made, any noise or sound on highways, in parks, public places,
or elsewhere in the City in a manner which disturbs or tends to disturb the quiet,
peace, rest, enjoyment, comfort or convenience of person(s) in the vicinity, or which
exceeds the Sound Levels in this Bylaw;
4.3 Play or otherwise operate any radio, stereophonic equipment or any other
instrument, sound device or apparatus for the production or amplification of music,
voice or sound, either in or on real property or in any public place in the City at such
a volume or manner which disturbs or tends to disturb the quiet, peace, rest,
enjoyment, comfort, or convenience of the neighbourhood or of person(s) in the
vicinity, and, without limiting the generality of the foregoing, no person(s) shall make
or play any amplified music or speech which is audible outside the premises or public
City of Port Coquitlam | Noise Regulation Bylaw, 2022
No. 4273
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place where the music or speech is made or played, between 11:00 p.m. and 7:00
a.m. the following day;
4.4 Keep any animal which by its calls, cries, barks, or other noises disturbs or tends to
disturb the quiet, peace, rest, enjoyment, comfort, or convenience of the
neighbourhood or of person(s) in the vicinity.
4.5 Cause or permit their domestic animal to make any noise which disturbs or tends to
disturb the quiet, peace, rest, comfort, convenience or enjoyment of the
neighbourhood or of person(s) in the vicinity, including, but not limited to, any calling,
crying, barking or any other noise made by a domestic animal which is audible
outside the property or premises where the domestic animal is kept, between 11:00
p.m. and 7:00 a.m. the following day; or
4.6 Allow a parked motor vehicle so as to create a nuisance by noise or sound emanating
from the motor vehicle in such a manner which disturbs or tends to disturb the quiet,
peace, rest, enjoyment, comfort, or convenience of the neighbourhood or of
person(s) in the vicinity.
4.7 Operate a heat pump, air conditioner, ventilation system or similar device at a sound
level that exceeds the following, when measured at the Point of Reception:
i) 55 decibels between 7:00 am and 11:00 pm; or
ii) 50 decibels between 11:00 p.m. and 7:00 am the following day.
5.
EXEMPTIONS
5.1 The provisions of this Bylaw do not apply to noises or sounds caused by:
a) police, fire, or other emergency service vehicles engaged in responding to an
emergency;
b) noise or sound created from authorized public parades, fairs, or other such
events;
c) usual and reasonable noise or sound associated to an organized sporting event
conducted on a playing field;
d) a school event, or to children at play in a school ground, day care, or City park;
e) from dogs in a designated City off-leash dog park;
f) the excavation, construction, or infrastructure work, including repairing of
bridges, highways, or lands by the City or by the Ministry of Transportation and
Highways, including employees, contractors or agents acting on their behalf;
g) the operation of maintenance equipment by the City or the Ministry of
Transportation and Highways, including employees, contractors or agents acting
on their behalf;
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h) the operation of a street sweeper, snow removal or highway cleaning operations
on behalf of the City;
i) the erection, demolition, construction, reconstruction, alteration or repair of any
building or structure on Monday through Friday (excluding holidays) between the
hours of 7:00 a.m. to 7:00 p.m., and on Saturdays (excluding holidays) between
the hours of 9:00 a.m. to 7:00 p.m.;
j) construction on a private residence on a Sunday or a Holiday between the hours
of 9:00 a.m. and 7:00 p.m., provided that such construction is not being carried
out for profit or gain;
k) the operation of a public address system required under a building or fire code;
l) the operation of Power Equipment between the hours of 9:00 a.m. and 9:00 p.m.;
m) the use of bells or chimes for the announcing of public worship services;
n) the use, in a reasonable manner, of an apparatus or mechanism for the
amplification of the human voice or music in a public park, in a public facility, or
on a public right-of way, in connection with a public meeting, public celebration,
athletic or sports event or other public gathering, provided that such event or
gathering has been authorized by the City;
o) the use of an apparatus or mechanism for the amplification of the human voice
or music in connection with a gathering in a school or on school grounds,
provided that such event or gathering has been authorized by the school or the
School District;
p) filming or special events activities authorized by a City permit and within the
hours defined in the permit;
q) garbage collection services between 7:00 a.m. and 9:00 p.m. Monday through
Saturday, and between 9:00 a.m. and 7:00 p.m. on Sunday or a Holiday; or
r) fireworks with valid permit issued by Fire Chief.
6.
EXEMPTION BY APPLICATION
6.1 On application for temporary exemption, the Manager, Building or the Manager,
Bylaw Services may grant or deny consent, in writing, to carry on the erection,
demolition, construction, reconstruction, alteration or repair of any building or
structure outside the hours specified in section 5.1 (i) of this Bylaw.
6.2 The responsibility for obtaining written approval for an exemption lies with the
person(s) carrying on the work of the owner of the land on which such work is to be
carried out.
7.
ENFORCEMENT AND INSPECTIONS
7.1 The provisions of this Bylaw may be enforced by any Bylaw Enforcement Officer.
City of Port Coquitlam | Noise Regulation Bylaw, 2022
No. 4273
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7.2 In accordance with section 16 of the Community Charter, a Bylaw Enforcement Officer
may enter at all reasonable times, upon any property within the City for the purpose
of inspecting whether all regulations, restrictions and requirements under this Bylaw
are being met.
7.3 No person shall prevent, interfere with or obstruct a Bylaw Enforcement Officer who
is conducting an inspection or enforcement in the exercise of their authority under this
Bylaw.
7.4 No person shall provide false or misleading information to a Bylaw Enforcement
Officer.
8.
OFFENCE AND PENALTIES
8.1 Every person who:
a) violates or who causes or allows any of the provisions of this bylaw to be violated;
b) fails to comply with and of the provisions of this bylaw;
c) neglects or refrains from doing anything required under this bylaw; or
d) suffers or permits any act or thing to be done in contravention of any of the
provisions of this bylaw;
is deemed to have committed an infraction of, or an offence against, this bylaw and
is liable on a summary conviction to a fine not less than $5,000 and a maximum of
$50,000.
8.2 For continuing offences, each day that such violation is caused, or allowed to
continue, constitutes a separate offence.
9.
NO DUTY OF CARE
9.1 Neither failure to enforce this Bylaw, nor any error, omission, or other neglect in
relation to the enforcement of this Bylaw, shall be interpreted as giving rise to a cause
of action in favour of the City.
10.
SEVERABILITY
9.1 If any provision of this Bylaw is for any reason held to be invalid by a court of competent
jurisdiction, the invalid provision may be severed from this Bylaw and such invalidity
shall not affect the validity of the remaining provisions of this Bylaw.
11.
REPEAL
11.1 The City of Port Coquitlam Noise Control Bylaw, No. 2891 as amended, is repealed.
City of Port Coquitlam | Noise Regulation Bylaw, 2022
No. 4273
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READ A FIRST TIME this
12th day of
July, 2022
READ A SECOND TIME this
12th day of
July, 2022
READ A THIRD TIME this
12th day of
July, 2022
ADOPTED this
29th day of
July, 2022
BRAD WEST
CAROLYN DEAKIN
Mayor
Corporate Officer