Noise Control Bylaw No. 3848, 1982 (consolidated Feb 2017) — full text, Prince George, British Columbia

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Document Number: 410642 Last Update: February 2017 NOISE CONTROL BYLAW Bylaw No. 3848, 1982 Document Number: 410642 CONSOLIDATED VERSION CITY OF PRINCE GEORGE NOISE CONTROL BYLAW NO. 3848, 1982 This is a consolidation of the bylaws listed below and includes amendments up to the date noted on the cover page. This document is for convenience only and is not the legal or official version. Certified copies of the original bylaws should be consulted for all interpretations and applications of the subject bylaw. Copies can be obtained through the Legislative Services Division at City Hall. AMENDING BYLAW EFFECTIVE DATE AMENDMENTS 4280, 1984 January 16, 1984 (Section 2) 5221, 1988 October 24, 1988 (Section 1) 5396, 1990 February 12, 1990 (Section 2) 8816, 2017 February 6, 2017 (Preamble, Section 1.1, 6, 7) Document Number: 411317 CITY OF PRINCE GEORGE BYLAW NO. 3848 Amending Bylaw Bylaw 8816 A Bylaw of the City of Prince George to regulate noise, nuisance and disturbances within the City. WHEREAS Section. 8 (3) (h) of the Community Charter, S.B.C. 2003, c.26 provides that Council may by bylaw regulate, prohibit or impose requirements in relation to, among others, the protection and enhancement of the well-being of persons or property in relation to nuisances, disturbances and other objectionable situations; AND WHEREAS Section. 64 of the Community Charter provides that the authority under Sections. 8 (3) (h) may be exercised in relation to, among others, disturbances and noise; NOW, THEREFORE, the Municipal Council of the City of Prince George, in open meeting assembled, ENACTS AS FOLLOWS: 1 DEFINITIONS 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 Bylaw Enforcement Officer. c) A Special Constable. d) An Auxiliary Constable. e) An Animal Control Officer. City means the City of Prince George. Council means the Municipal Council of the City of Prince George. Permit shall be a Permit as in Schedule "A". Permit Application shall be 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 or a purchaser's interest in any agreement for sale of any real or personal property or premises within the City. 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 a highway as determined in the Motor Vehicle Act. Utility shall include water, sewer, electrical, telephone, cable service, etc. Consolidated Bylaw No. 3848, 1982 Page 2 Last Updated: February 15, 2017 Document Number: 411317 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 therefrom, 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. Bylaw 4280 (iii) No Person shall play or operate or allow or Permit or cause to be played or operated 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 harbor any dog which by its repeated barking disturbs or tends to disturb the quiet, peace, rest or tranquility of any Person or Persons in the neighbourhood or vicinity. (v) No Person shall own, possess, keep or harbor any Animal or bird which by its cries disturbs or tend to disturb the quiet, peace, rest, enjoyment, comfort, or convenience of any Person or Persons in the vicinity. (vi) No hawker, huckster, peddler, 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 a megaphone or other thing or device emitting or amplifying Noise in the City without first having obtained a Permit from the City. (viii) No Person shall operate a motor vehicle, snow vehicle, motorcycle, motorboat, or dune buggy which makes or causes Noise which disturbs or 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 charivaries 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. Consolidated Bylaw No. 3848, 1982 Page 3 Last Updated: February 15, 2017 Document Number: 411317 (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 or tranquility of the neighbourhood or of Persons in the vicinity. Bylaw 5396 (xiii) No Person shall operate or Permit to be operated or suffer to be operated any radio receiving set, television receiving set, phonograph, loudspeaker or other machine or device for the producing or reproducing of sound, magnetically, electronically or otherwise, which is within a motor vehicle, in a manner that is liable to disturb the quiet, peace, rest, enjoyment, comfort or convenience of the neighbourhood or of a Person 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 City, 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 dust clearing 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 10:00 p.m. of the same day; or (vi) The operation of a public transportation system; or (vii) The operation of a public address system required under a building or fire code; or (viii) Any Person from functioning within the limits of a Permit issued under the Fire or Traffic Bylaws of the City; or (ix) Construction or industrial work between the hours of 6:00 a.m. and 10:00 p.m. of the same day. 2) Permit 2.1 A Permit may be issued by the City Manager, City Clerk or Bylaw Enforcement Officer. 2.2 Any Permit issued pursuant to Section 2.1 shall be in the form prescribed by this Bylaw in Schedule "A". Consolidated Bylaw No. 3848, 1982 Page 4 Last Updated: February 15, 2017 Document Number: 411317 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 "B"; 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 City; 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 expense, 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 6:00 a.m. and 10:00 p.m. on the same day on any 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. 2.5 A Person who operates a business, which is duly licensed to operate within the City, may apply to the Council of the City 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 City an application for such Permit duly completed and signed by such Person in the form prescribed by Schedule "B" to this By-Law, and the Clerk shall place such application form before Council of the City as soon as is 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 City may be revoked by the Council of the City 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. Consolidated Bylaw No. 3848, 1982 Page 5 Last Updated: February 15, 2017 Document Number: 411317 4 ENFORCEMENT (i) Where an Authorized Person has reasonable and probable grounds to believe and does believe that a nuisance or disturbance involving an Animal has been committed and remains unabated or continues, the Authorized Person may cause the Animal to be taken and stored in the City Animal Pound or other suitable location and all costs incurred with respect to the taking and storing of such Animal shall be paid by the owner or harborer of the Animal. (ii) Where an Authorized Person has reasonable and probable grounds to believe and does believe that a nuisance or disturbance is emanating or originating from a motor vehicle, an Authorized Person may cause such motor vehicle to be taken and stored until such nuisance or disturbance is abated and the costs associated with and incurred with respect to the removal and storage of such vehicle shall be paid by the registered owner of such vehicle. (iii) Where an Authorized Person has reasonable and probable grounds to believe and does believe that any thing or device has been used or is being used to cause a nuisance, Noise or disturbance in violation of this Bylaw that Authorized Person may cause such thing or device to be taken and stored and the costs associated to such action of removal and storage shall be paid by the owner of such thing or device. (iv) Where any Animal, vehicle, thing or device is impounded in order to prevent the continuation of or to abate any nuisance or disturbance or other violation of this Bylaw, such Animal, vehicle, thing or device shall be returned to the owner of it, provided that: 1) The owner shall have applied to the City for its return, and 2) It shall not have been designated by an Authorized Person to be an exhibit for the purposes of proceedings pursuant to this Bylaw, and 3) The owner shall have paid any and all fees, expenses or costs associated with and incurred by the City with respect to the taking and storing of such Animal, vehicle, thing or device, and in such case it shall be returned to the owner of it within seven days from the date of such application. (v) Should no application for the return of the Animal, vehicle, thing or device be made by the owner within 30 days of the taking thereof, such Animal, vehicle, thing or device shall be deemed to be the Property of the City, and the City may sell it, or dispose of it to recover any or all costs or expenses associated with such taking, storing and selling, and any surplus over and above such costs shall be returned to the owner of such Animal, vehicle thing or device, providing such owner is known to the City and can be contacted within seven days from the date of obtaining of a surplus on sale. Should the Animal, vehicle, thing or device taken and stored according to the provisions of this Bylaw be declared an exhibit in proceedings to this Bylaw, the disposition of such Animal, vehicle, thing or device shall be at the discretion of the Judge or Court in which such proceedings are taken. Consolidated Bylaw No. 3848, 1982 Page 6 Last Updated: February 15, 2017 Document Number: 411317 5 RIGHT OF ENTRY Where an Authorized Person has reasonable and probable grounds to believe and does believe that a violation of this Bylaw exists or that abatement procedures are inadequate, that Authorized Person may enter upon any Property to further an investigation or resolve any violation. Bylaw 8816 6 OFFENCES AND PENALTIES 6.1 This Bylaw may be enforced, a) by an Information laid in accordance with the Offence Act; b) by means of a ticket under the Community Charter; c) by Bylaw Notice in accordance with the "Local Government Bylaw Notice Enforcement Act"; or d) by a combination of the above noted methods in (a), (b) and (c). 6.2 With respect to enforcement further to a ticket issued pursuant to the Community Charter, the fines outlined in the "City of Prince George Ticket Information Utilization Bylaw No. 5422, 1990", as amended or replaced from time to time, shall apply. 6.3 With respect to enforcement further to a Bylaw Notice issued pursuant to the Local Government Bylaw Notice Enforcement Act, the fines outlined in Schedule "B" of the "City of Prince George Bylaw Notice Enforcement Bylaw No. 8813, 2016", as amended or replaced from time to time, shall apply. 6.4 Except as otherwise provided in this Bylaw, the "City of Prince George Ticket Information Utilization Bylaw No. 5422, 1990", or the "City of Prince George Bylaw Notice Enforcement Bylaw No. 8813, 2016", and amendments thereto, any person who violates any of the provisions of this Bylaw or who suffers or permits any act or thing to be done in contravention of this Bylaw, or who refuses, or omits or neglects to fulfill, observe, carryout or perform any duty or obligation imposed by the Bylaw shall be liable on summary conviction to a fine not exceeding Ten Thousand Dollars ($10,000.00), the cost of prosecution and any other penalty or order imposed pursuant to the Community Charter, S.B.C., 2003, c.26 or the Offence Act, R.S.B.C., 1996, c.338. Each day that an offence against the Bylaw continues or exists shall be deemed to be a separate and distinct offence. 6.5 Subject to subsection 4 ENFORCEMENT, if the Owner or Recipient of the Notice fails to comply with an order of the Authorized Person issued under Section 6.1 of this Bylaw, the City, by its employees, contractors and agents may take action in accordance with section 17 of the Community Charter, S.B.C., 2003, c.26 to fulfill the requirements of the order of the Authorized Person and to recover the costs or expenses associated with and incurred by the City in relation to the taking, storage or selling of an animal, vehicle, thing or device. Consolidated Bylaw No. 3848, 1982 Page 7 Last Updated: February 15, 2017 Document Number: 411317 7 PENALTY SECTION (i) Every Person who violates any of the provisions of this Bylaw or who suffers or permits any act or thing to be done in contravention or in violation of any of the provisions of this Bylaw, or who neglects to do or refrains from doing anything required to be done by any of the provisions of this Bylaw is guilty of an offence against this Bylaw and liable to the penalties hereby imposed. Each Day that a violation continues to exist shall constitute a separate offence. (ii) Every Person who commits an offence against this Bylaw is liable to a fine of not more than $2,000.00 and not less than $100.00 for each offence. 8 TRANSITION Sections 35, 36 and 37 of the Interpretation Act, R.S.B.C. 1979, Chapter 206, shall apply for a period of 12 months with respect to Noise offences committed prior to the repeal of the Noise provisions of Bylaw No. 3302. 9 REPEAL Sections 13, 14, and 15 of Bylaw No. 3302 are hereby repealed. 10 The Mayor and Clerk are hereby empowered to do all things necessary to give effect to this Bylaw. 11 This Bylaw may be cited for all purposes as "City of Prince George Noise Control Bylaw No. 3848, 1982". READ A FIRST TIME THIS THE 5th DAY OF July , l982. READ A SECOND TIME THIS THE 5th DAY OF July , l982. READ A THIRD TIME THIS THE 5th DAY OF July , l982. All Three readings passed by a unanimous decision of Members of City Council present and eligible to vote. RECONSIDERED, FINALLY PASSED AND ADOPTED THIS THE 12th DAY OF JULY , l982, BY A majority DECISION OF ALL MEMBERS OF CITY COUNCIL PRESENT AND ELIGIBLE TO VOTE.