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DISTRICT OF PORT HARDY
BYLAW NO. 949
A BYLAW TO REGULATE OR PROHIBIT
THE MAKING OR CAUSING OF NOISE OR SOUND
WITHIN THE DISTRICT OF PORT HARDY
WHEREAS the Council is authorized pursuant to Section 932 (c) and (d) of the Municipal Act to
regulate or prohibit the making or causing of noises in or on a highway or elsewhere in the
municipality which disturb, or tend to disturb the quite, peace, rest, comfort or convenience of
the neighbourhood, or of persons in the vicinity, or which in the opinion of the Council, are
objectionable or liable to disturb the quite, peace, rest, enjoyment, comfort or convenience of
individuals or the public and may make different regulations or prohibitions for different areas of
the municipality;
THEREFORE BE IT RESOLVED the Municipal Council of the district of Port Hardy, in open
meeting assembled, ENACTS as follows:
1.
TITLE
This bylaw may be cited as the "Noise Regulation Bylaw No. 949, 1996".
2.
INTERPRETATION
(i)
Words defined in the Motor Vehicle Act shall have the same meaning when used
in this bylaw unless defined in the bylaw or unless the context otherwise requires.
(ii)
In this bylaw unless the context otherwise requires:
ACTIVITY ZONE means any part of the District not within the Quiet Zone.
COUNCIL means the Council of the District of Port Hardy.
CHIEF OF POLICE means the officer in charge of the detachment of the Royal
Canadian Mounted Police policing the District.
DISTRICT means the District of Port Hardy.
NOISE includes any loud outcry, clamour, shouting or movement, or any sound
that is loud, or harsh or undesirable.
PEACE OFFICER means a police constable or person having the powers of a
police constable.
DISTRICT OF PORT HARDY
BYLAW 949
2
PERSON includes every individual, company, corporation, partnership,
association and society.
REAL PROPERTY means lands, other than a highway, together with all
improvements which have been so fixed to the land as to make them in law a
part thereof and includes land without improvements and both a mobile home
and motor home as defined by the Motor Vehicle Act.
QUIET ZONE means any part of the District designated as residential in the
District of Port Hardy Land Use Bylaw and all roads within such zone; the
QUIET ZONE shall also be applicable to hospitals, schools, colleges and
places or worship.
3.
REGULATIONS
No person shall disturb or tend to disturb the quiet, peace, rest, enjoyment, comfort, or
convenience of any person or persons in the quiet or activity zones:
(i)
General
Making or causing or permitting to be made or caused any noise in or on a public
or private place.
(ii)
Real Property
Being the owner, tenant or occupier of real property, allowing or permitting such
real property to be used, so that noise occurs thereon or emits therefrom.
(iii)
Electronic Equipment or Musical Instruments
Playing or operating any radio, stereophonic equipment, television receiving set
or other instrument or any apparatus for the production or amplification of sound,
either in or on private premises or in any public place.
(iv)
Animals or Birds
Keeping or harbouring any animal or bird which unduly cries, barks or chirps.
DISTRICT OF PORT HARDY
BYLAW 949
3
(v)
Vocal
Making intermittent or reiterated cries.
(vi)
Construction
Constructing, erecting, reconstructing, altering, repairing or demolishing
buildings, structures or things; excavating, altering, repairing or removing public
facilities or utilities; or laying, repairing or raising highways on any day before
7:00 a.m. (9:00 a.m. on Sundays) or after 10:00 pm.
4.
EXEMPTION
(i)
A person or persons involved in the performance of work of an emergency nature
for the preservation or protection of life, health or property shall be exempted
from the requirements of this bylaw. The onus shall be on the person performing
the work to show cause that the work was of an emergency nature.
(ii)
This bylaw is not applicable to the normal operational requirement of an airport,
seaplane base and a heli-port.
5.
MISCELLANEOUS
Council may sanction the use of a decimeter to corroborate complaints made under this
bylaw.
6.
GRANT OF SPECIAL EXEMPTION
Notwithstanding anything contained in this bylaw, any person may make application to
Council to be granted a temporary exemption from any of the provisions of this bylaw
and any exemption may be made by way of a resolution of Council and such resolution
may contain such terms and conditions as Council sees fit.
7.
PENALTY
A person who violates this bylaw commits an offence and is punishable in accordance
with the Offence Act, R.S.B.C. 1979 Chapter 305 and all amendments thereto, subject to
a minimum fine of $200.00
DISTRICT OF PORT HARDY
BYLAW 949
4
8.
REPEAL
"Noise Regulation Bylaw No.734, 1989 is hereby repealed.
READ A FIRST TIME ON THE 11th DAY OF September, 1996.
READ A SECOND TIME ON THE 11th DAY OF September, 1996.
READ A THIRD TIME ON THE 25th DAY OF September, 1996.
RECONSIDERED AND FINALLY PASSED BY THE MUNICIPAL COUNCIL ON THE
__________ DAY OF ____________________
____________________________
_____________________________
CLERK
MAYOR