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DISTRICT OF PORT EDWARD
NOISE CONTROL BYLAW NO. 520, 2011
A BYLAW TO REPEAL THE NOISE CONTROL BYLAW #245, 1987; and Amended
Bylaw #300 and Bylaw # 344
A BYLAW TO REGULATE OR PROHIBIT THE MAKING OR CAUSING OF NOISES,
NUISANCES OR SOUNDS WIHTIN THE DISTRICT OF PORT EDWARD
WHEREAS under the provisions of Section 64 of the Community Charter, Council of the
District of Port Edward is authorized to enact a bylaw in relation to nuisances, disturbances and
other objectionable situations.
NOW THEREFORE, the Municipal Council of the District of Port Edward, in open meeting
assembled, enacts as follows:
1.
DEFENITIONS
Animal - shall include any form of life endowed with voluntary motion.
Authorized Person - shall include the following;
(a) a member of the R.C.M.P.
(b) a special constable
(c) the Superintendent of Public Works
(d) An Animal Control Officer
(e) The District Clerk
(d) Bylaw Officer
District - means the District of Port Edward.
Council - means the Municipal Council of the District of Port Edward.
Noise -includes any sound, continuous sound or non-continuous sound which disturbs or
tends to disturb the peace, quiet, rest, enjoyment, comfort or convenience of the
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.
Permit Application -shall be as in Schedule "A"
Permit - shall be a permit as in Schedule "B"
Person- shall include any corporation, partnership or party and the heirs, executors,
administrators or other legal representatives of such person, to whom the context can
apply according to law and also includes the owner, his agent or the occupier of or the
holder of a purchaser's interest in any agreement for sale of any real or personal property
or premises within the District.
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Property- shall include real property and includes land together with all improvements
which have been so affixed to the land to make them in fact and in law a part thereof, and
shall include highway as determined in the Motor Vehicle Act.
Utility- shall include water, sewer, electrical, telephone, cable service, etc.
2.
GENERAL REGULATIONS
(i)
No person shall make or cause, or allow or permit to be made or caused, any noise
in or on any property which disturbs or tends to disturb the quiet, peace, rest,
enjoyment, comfort, or convenience of any person or persons in the
neighbourhood or vicinity.
(ii)
No person who is the owner or occupier or tenant of property shall use such
property or any part thereof or allow or permit such property or any part thereof to
be used in such a manner that noise or sound which occurs thereon or emanates
there from, disturbs or tends to disturb the quiet, peace, rest, enjoyment, comfort
or convenience of any person or persons on the same piece of property or in the
neighbourhood or vicinity.
(iii)
No person shall play or operate any radio, tape recorder, audio playback machine,
stereophonic equipment or other instrument or any apparatus for the production or
amplification of sound in or on private premises, or in or on any public place in
such a manner as to disturb the quiet, peace, rest, enjoyment, comfort or
convenience of any person or persons on the same piece of property or in the
neighbourhood or vicinity.
(iv)
No person shall own, possess, keep, or harbour any dog which by its repeated
barking disturbs or tends to disturb the quiet, peace, rest enjoyment, comfort or
convenience of any person or persons in the neighbourhood or vicinity.
(v)
No person shall own, possess, keep or harbour any animal or bird which by its
cries disturbs or tends to disturb the quiet, peace, rest, enjoyment, comfort or
convenience of any person or persons in the neighbourhood or vicinity.
(vi)
No hawker, huckster, pedlar, news vendor or other person shall, by his
intermittent or reiterated cries, disturb or tend to disturb the quiet, peace, rest,
enjoyment, comfort, or convenience of any person or persons in the vicinity.
(vii)
No person shall use or operate a public address system or megaphone or other
thing or device emitting or amplifying noise in the District without first having
obtained a permit from the District.
(viii) No person shall operate a motor vehicle, snow vehicle, motorcycle, motor boat, an
all terrain vehicle or dune buggy which makes or causes noise which disturbs or
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tends to disturb the quiet, peace, rest, enjoyment, comfort or convenience of any
person or persons in the neighbourhood or vicinity.
(ix)
No person shall allow or permit or take part in or be part of any charivari or other
similar disturbances of the peace.
(x)
No person shall commit or abet the committing of any nuisance.
(xi)
No person being the owner, occupier or tenant of property shall allow or permit
any nuisance on that property or emanating from that property to remain
unabated.
(xii)
No person being the owner, occupier or tenant of property shall allow or permit or
be a party to vice, drunkenness, profane swearing or indecent, obscene,
blasphemous or grossly insulting language or other immorality or indecency
which disturbs or tends to disturb the quiet, peace, rest, enjoyment comfort or
convenience of the neighbourhood or of persons in the vicinity.
3.
EXCEPTIONS
(1)
GENERAL
Nothing in this bylaw shall preclude;
(i)
The operation of emergency equipment or any emergency vehicle by an
authorized person; or
(ii)
Any act of maintenance or repair being carried out by employees or
contractors of the District, the Ministry of Highways or any public or
private utility; or
(iii)
Any repairs to property of an emergency nature; or
(iv)
Snow removal or washing/cleaning operations, provided that in the case of
private parking lots, such actions are commenced as soon as is practicable
after the close of business for the day; or
(v)
Any maintenance or repairs or construction to property by the owner,
occupier or agent of said property between the hours of 7:00 a.m. and 9:00
p.m. of the same day; or
(vi)
The operation of a public transportation system; or
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(vi)
The operation or use of any public address system required under a
building or fire code; or
(vii)
Any person from functioning within the limits of a permit issued under the
Fire or Traffic Bylaws of the District; or
(viii) Construction or industrial work between the hours of 7:00 a.m. and 9:00
p.m. of the same day; or
(x)
The lawful aviation activities carried on within the jurisdiction of, and in
compliance with, enactments of, or authorized by, the Parliament of
Canada, the Legislature of the Province of British Columbia, or the
District.
(2)
PERMIT
2.1
A permit may be issued by the District Clerk, or Superintendent of Public
Works.
2.2
Any permit issued pursuant to Section 2.1 shall be in the form prescribed
by this bylaw in Schedule "B"
2.3
A permit shall not be issued unless;
2.3.1. It is applied for in writing using the form of application prescribed
by Schedule "A"; and
2.3.2. any fee prescribed by this bylaw for the issuance of a permit has
been paid; and
2.3.3. it is signed by the person who intends to create or make noise
which is otherwise prohibited by this bylaw; and
2.3.4. the creation of noise is necessarily incidental to legal activity on
land within the District; and
2.3.5. the creation of noise, whether intermittently or continuously
created, is limited to, in total, 48 hours or less duration; and
2.3.6. the noise cannot be muffled by the person creating it at reasonable
expenses, or, such noise is created for the purpose of displaying
wares, fireworks, celebrations or other similar activities; and
2.3.7. the creation of noise cannot be limited to the time span of between
7:00 a.m. and 9:00 p.m. on the same day that it is created.
2.4
Any permit issued pursuant to this bylaw may be revoked by the person
who issued it if the information supplied by the applicant to such person
for the purpose of seeking the permit is inaccurate or untrue.
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2.5
A person who operates a business, which is duly licensed to operate within
the District, may apply to the Council of the District for a permit to create
noise which is necessarily incidental to the business activity of such
person.
2.6
The applicant for a permit described in Section 2.5 shall file with the Clerk
of the District an application for such permit duly completed and signed
by such person in the form prescribed by Schedule "B" to this bylaw, and
the Clerk shall place such application form before Council of the District
as soon as reasonably possible for the purpose of allowing the applicant to
have Council determine if such a permit shall be issued.
2.7
A permit issued by Council of the District may be revoked by the Council
of the District if the information supplied by the applicant to Council is
untrue or inaccurate, or, if the Council should subsequently determine that
the permit authorizing the creation of noise should be revoked because it
unduly disturbs the neighbourhood in which such business of the applicant
is carried on.
4.
RIGHT OF ENTRY
Any Inspector or other authorized person enter at all reasonable times upon any real
property in order to ascertain whether the provisions of this bylaw are being obeyed.
5.
NOTICES
Where any notice is required to be given pursuant to this bylaw, such notice shall be
sufficiently delivered if;
(a)
orally; or
(b)
in writing.
Such notice shall be sufficiently delivered if;
(a)
Personally served upon a person apparently aged 16 years or more and
apparently occupying the property affected by such notice; or
(b)
Sent to the owner of real property by Double Registered mail to his
address appearing on the last revised assessment roll; or
(c)
Deposited in a place normally used for the reception of mail; or
(d)
If affixed to the property in a prominent place.
6.
PENALTY SECTION
Any person who breached any provision of this bylaw is guilty of an offence and shall,
upon conviction thereof, forfeit and pay a penalty of not less than $100 or more than
$10,000 for a first offence, and not less than $300 or more than $10,000 for second and
subsequent offences.
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7.
REPEAL
This bylaw will repeal the District of Port Edward Noise Control Bylaw # 245, 1987 and
Amendment District of Port Edward Noise Control Amendment Bylaw No. 300, 1992, and
District of Port Edward Noise Control Amendment Bylaw No. 344, 1994 is hereby repealed
but not so as to revive any provision not contained therein.
8.
CITATION
This bylaw may be cited as District of Port Edward Noise Control bylaw No. 520, 2011.
READ for the first time this 11th day of October , 2011
READ for the second time this 11th day of October , 2011
READ for the third time this 11th day of October , 2011
GIVEN FOURTH AND FINAL READING AND ADOPTED this 25th day of October, 2011
Mayor
Director of Corporate Services
Certified a true copy of Bylaw No. 520, 2011
cited as "District of Port Edward Noise
Control Bylaw No. 520, 2011".
______________________________________
Director of Corporate Services
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SCHEDULE "A"
APPLICATION FOR NOISE PERMIT
Name:____________________________ Signature:
Address:
Phone:
Business Name:
Phone:
Address:
City
PC________
Will Noise Be: Continuous
Intermittent
Occasional
Describe Noise Source:
Reason for Permit:
Why Can Noise Generated Not Be Contained To 7:00 A.M. To 9:00 P.M.
What Is Located On Adjacent Property:
What Date(S) Is/Are Requested For Permit?
Will Someone Be On Site At All Times?
If No, Who Is To Be Contacted And Where Might Problems Be Encountered?
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SCHEDULE "B"
PERMIT
Pursuant To Section 3.2 Of Bylaw No. 520, 2011 Permission Is Granted To:
NAME:
ADDRESS
____ CITY: ___________________
POSTAL CODE_________
PHONE:
To Make or Cause Noise Pursuant To Bylaw No. 520, 2011
PLACE:
DATES:
_____TIMES:
REASONS:
APPROVED BY:
DATE: