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TOWN OF QUALICUMBEACH
BYLAW NO. 706
NOISE CONTROL
WHEREAS under its statutory powers, including sections 8(3)(b)8: (h),16, 17, 62, 64, 260 to 263
of the CommunityCharter, the Council of the Town of QualicumBeachmay regulate,prohibit
and impose requirements in relation to nuisances, disturbances and other objectionable
situations in order to protect and enhance the wellbeingof the community;
AND WHEREAS the Council of the Town of QualicumBeachmay exercise that authority in
relation to noise or any other matter that is liable to disturb the quiet, peace, rest, enjoyment,
comfort or convenience of individuals or the public;
AND WHEREAS the Council of the Town of QualicumBeach considers it expedient to
regulate, prohibitand impose requirements in relation to the makingof noise within its
boundaries;
NOW, THEREFORE, the Council of the Town of QualicumBeach, in open meeting assembled,
enacts as follows:
1.
TITLE
This Bylawmay be cited for all purposes as "Town of QualicumBeachNoise Control
BylawNo. 706,2016"
'
2.
DEFINITIONS
hi this Bylaw,
"ApprovedSound Meter" means an instrument calibrated to measure levels of sound
pressure in accordance with the minimum specificationsfor type 2 generalpurpose
sound level meters
set out under ANSI $1.4 or IEC 61672,as amended from time to time;
"Authorized Persons"
means the Chief Administrative Officer, Deputy Chief
Administrative Officer, and Director of Planning, or their delegates;
"Bylaw Enforcement
Officer"shall mean any person appointed to enforce and
administer this Bylawand includes a member of the RoyalCanadian Mounted Police;
"Construction" includes the erection, alteration, repair, relocation, dismantling,
demolition, removal, structural maintenance, painting, power washing,moving, land
clearing,earth moving, grading, excavating, the laying of pipe and conduit (whether
above or below ground level), street and highwaybuilding,concreting,equipment,
installation and alteration, and the structural installation of construction components
Town of QualicumBeachBylawNo. 706, 2016
Page 2 of 11
and materials in any form or for any purpose, the installation or removal of
Construction Equipment,and any other work done in connection therewith;
"Construction Equipment"means any equipment or device designed and intended for
use in Construction or the handling of materials, includingair compressors,pile drivers,
pneumatic or hydraulic tools, bulldozers, tractors, excavators,
trenchers, cranes,
derricks, loaders, scrapers, pavers, generators, off highway haulers or ttudcs, ditchers,
compactors and rollers, pumps, concrete mixers, graders or other material handling
equipment;
"Continuous
Sound" means any noise or noises, other than Construction noise or noise
created by the use of Power Equipment, continuing for a period, or periods, totalling3
minutes or more in any 15-minute period;
"Council" means the Council for the Town of QualicumBeach;
"Emeigency Vehicle" means an emergency vehicle as defined in the Motor VehicleAct,
R.S.B.C.1996;
"General Holiday" means New Year'5 Day, FamilyDay, Good Friday,Easter Monday,
Victoria Day, Canada Day, British Columbia Day, Labour Day, ThanksgivingDay,
Remembrance Day, Christmas Day, BoxingDay, and any other day declared or
proclaimedas a holidayby the Federal government,
Provincial government, or the
Town of QualicumBeach;
"General Maintenance" means the use of Power Equipment for the maintenance and
care of lawns, gardens,bushes, shrubs, trees or other vegetation;
"Highway" includes every highway within the meaning of the TransportationAct, S.B.C.
2004, Chapter 44, and every road, street, lane, thoroughfare, bridge,public way, or right
of way designedor intended for, or used by, the general public for the passage of
vehicles, and every place or passageway to which the public,for the purpose of parking
or servicing of vehicles, has access or is invited; and every place or passageway owned
by the Town of QualicumBeach for the purpose of providing off-streetparking, and
every boulevard and sidewalk;
"Motor Vehicle" or "Vehicle" includes motor vehicles and vehicles within the meaning
of the Motor VehicleAct, R.S.B.C.1996, Chapter 318 and any vehicle propelledby any
power other than muscular power except aircraft and trains, but includingoff-road
vehicles;
"Non-continuous Sound" means any noises or sounds other than Continuous Sound and
Construction Noise;
"Owner" includes both an owner and occupier of a parcel of land;
Town of QualicumBeach BylawNo.706, 2016
Page 3 of 11
"Person" includes a corporation, partnershipor party, and the personal or other legal
representatives of a person to whom the context can apply accordingto law;
"Point ofReceptionf' means a position that:
(a) is within the property line of the real property occupiedby the recipient of a
noise or sound,
(b) best represents the location at which the noise or sound, emanating from another
property, is received and the resultingdisturbance experienced;
"Power Equipment" means any tool, equipment or machinery powered by an internal
combustion engine or electronic motor that is used for construction, lawn, garden,
building and property maintenance,
and includes compressors, lawn mowers, hedge
trimmers, line trimmers, edge trimmers, rototillers, pressure washers, planers, chain
saws, grinders,carpet-cleaningequipment, chippersand leaf blowers;
"Private
Event" is any event that is not a Public Event;
"l'ublic
Event" is any event that members of the generalpublicare invited to attend;
"Public Place" includes streets, highways,parks, public squares, publicbuildings,
plazas, beaches, foreshore and all other land and buildingsthat are not private premises;
"Special Event" means an event or activity of a temporary nature, which may include
commercial activity for profit, or be organizedby a non-profit society or individual,
located on privately-owned lands within the Town of QualicumBeach or on land
controlled by the Town of QualicumBeach, that produces or is capable of producing
noise.
. GENERAL REGULATIONS
3.1
No person shall make or cause, or permit to be made or caused, any noise in or on
a publicor private placewhich disturbs or tends to disturb the quiet, peace, rest,
enjoyment, comfort, or convenience of any person or persons in the
neighbourhood or vicinity; or
3.1.1 exceeds the Sound Levels prescribed in this Bylaw;
3.2
N0 person being the owner, tenant or occupier of real property shall allow or
permit such real property to be used so 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.
Town of QualicumBeachBylawNo. 706, 2016
Page 4 of 11
3.3
No person shall keep or harbour any animal which, by its calls, cries or any other
vocal noise, can be easilyheard and unreasonably disturbs the quiet, peace, rest,
enjoyment,comfort or convenience of any person or persons not on the same
premises as the animal.
4. OBIECTIONABLE
NOISES OR SOUNDS
4.1
The followingare declared by Council to be noises or sounds which are, in its
opinion, objectionableor liable to disturb the quiet, peace, rest, enjoyment,comfort
or convenience of individuals or the public and are hereby prohibited, and no
person beingthe owner or occupant of any premises shall make, cause, allow, or
permit
'
a)
b)
d)
noise resultingfrom a gatheringof two or more persons at any time, where
one or more human voice is raised beyond the level of ordinary
'conversation;
' the sound of a radio, television, player or other sound playbackdevice,
public address system, or any other music or voice amplification equipment,
musical instrument, whether recorded or live, whether ampli?ed or not; or
the noise resultingfrom construction except during the hours and days
during which section 4.5 permits a person to carry on construction;
the noise from the use of power equipment, except during the hours which
section 4.6 permits a person to use power equipment, which can easilybe
heard by an individual or member of the public who is not on the same
, premises, notwithstandingthat such noise or sound might not constitute a
breach of any other provision of this bylaw.
4.2
Thefollowingare declared byCouncilto be noises or sounds which are, in its
opinion, objectionableor liable to disturb the quiet, peace, rest, enjoyment,comfort
or convenience of individuals or the public and are herebyprohibited and no
person in a street, park, parking lot open to the public, or other similar place shall
make, cause, allow, or permit:
3)
b)
C)
d)
theuse or operation of any motor vehicle, vehicle, bus or motorcyclein such
a manner that the tires squeal or make a similar disturbingnoise or sound;
the use of engine-retardingbrakes;
the excessive revving of an engine; or
the use of any radio, tape player, compact disc player or other sound
playback device or amplification equipment that emits a noise or sound
which is audible beyond 25 metres (82feet)in any direction from the vehicle.
4.3
4.4
4.5
4.6
Town of QualicumBeachBylawNo. 706, 2016
Page 5 of 11
No person shall cause, allow, or permit the playing or operating of any radio,
stereophonicequipment, television receiving set or other instrument or apparatus
for the production or amplificationof sound, so that the noise or sound emitted is
heard at a Point ofReceptionbetween the hours of 10:00p.m. and 8:00a.m. daily.
In addition to the noises or sounds described in sections 4.1, 4.2, or 4.3
a)
any continuous sound that exceeds the followingsound levels at the point of
reception:
Sound Level
(i)
during the Day:
75 dBA
(ii)
during the Night
60 dBA
b)
any non-continuous sound that exceeds the followingsound levels at the
point of reception:
Sound Level
(i)
during the Day:
95 dBA
(ii)
during the Night
75 dBA
ac)
_. any noised generatedby.theuse of power equipment,during permitted
hours that exceeds a sound level of 85 dBA at the point ofreception, is
limited to a maximum use time period as follows:
Sound Level
(i)
during the Day
85 - 90 dBA is limited to 1 hour per day
91 - 99 dBA is limited to 30 minutes per day
100dBA or over is prohibited
No person shall make, cause, or permit to be made any noise resultingfrom the
construction, reconstruction,
erection, alteration, repair, maintenance or
demolition of any building, structure,
land or thing during the followinghours:
a)
before 7:00 a.m. and after 8:00p.m. daily, excludingany Sunday or General
Holidays; and
b)
before 9:00 am. and after 6:00p.m. on any Sunday or General Holiday.
No person shall make, cause, or permit to be made any noise resultingfrom the
use of power equipment during the followinghours:
a)
before 7:00 am. and after 8:00p.m. daily, excludingany Sunday or General
Holiday; and
'
19)
Town of QualicumBeachBylawNo.706, 2016
Page 6 of 11
before 9:00a.m. and after 6:00p.m. on any Sundayor General Holiday.
5.
EXEMP'I'IONS
5.1
The emission of noise or sound in connection with the followingare excluded from
the generalprohibitions,regulations and penalties contained in this Bylaw:
a)
b)
d)
3)
11)
police,?re, ambulance or any other emergency vehicles proceedingupon or
engagedin an emergency;
any act of maintenance
or repair beingcarried out by employeesor
contractors
of The Town of QualicumBeach, the MinistryofTransportation
and Infrastructure, or any Public or Private Utility;
golfcourse mowing, between sunrise and sunset;
any General Maintenance in a Residential Zone, as defined in 'Team of
QualicumBeachLand Use6' SubdivisionBylawNo. 580", between the hours of
7:00a.m. and 8:00p.m. daily, excludingany Sunday or General Holiday;and
between 9:00a.m. and after 6:00p.m. on any Sunday or General Holiday;
the operation of a public transportation system;
sounding of a horn or other signallingdevice where such soundingis
properly and necessarilyused as a danger or warning signal;
the operation of a publicaddress system required under the BuildingCode,
BCpFireCodeor any bylaw of the Townof QualicumBeach;and
[Public/ Private / SpecialEvent] that has received prior approval from
Council by resolution, which may include terms and conditions to minimize
noise that would be liable to disturb the quiet, peace, rest, enjoyment,
comfort or convenience of individuals or the public.
6.
SPECIAL EXEMPTIONS
6.1
A person may submit an applicationfor a permit for specialexemption from the
application of provisions of this Bylaw(a'SpecialExemption Permit") for the
following:
-
6.2
a)
13)
[Public/ Private/ Special]Events that are likely to create disturbingnoise; or
a construction project where the applicant shows that it is impossibleor
would cause an undue hardship to complywith this Bylaw.
Council hereby delegatesall the powers, duties and functions to Authorized
Persons for approvalof applications for a SpecialExemptionPermit.
6.3
6.4
6.5
6.6
6.7
6.8
7.1
Town of QualicumBeach BylawNo.706, 2016
Page 7 of 11
All applicants for a SpecialExemption Permit must give notice to the owners or
occupants of allneighbouringproperties within 100 metres of the property where
the event is to take placeprior to submittingthe applicationform.
An applicationfor SpecialExemption Permit must be submitted to the Town of
QualicumBeach within at least 10business daysbefore the SpecialEvent.
Notwithstanding anything else in this Bylaw,upon receipt of an applicationin the
form set out in Schedule A of this Bylaw, an Authorized Person may, by Special
Exemption Permit, grant specificexemptionsfrom the applicationof Section 5 of
this Bylawin respect of a particular event at a particularlocation, during the times
and on the terms and conditions specifiedin the permit
An Authorized person may, at their discretion, further specifyterms in the Special
Exemption Permit that:
a)
limit the number of exemptions given to any person, organization, or
property;
b)
limit the type, location and duration of ampli?edsound during any
exemption period;
c)
exempt construction work from the provisions of Section4.5 (a) or (b)and;
d)
determine the terms of an exemption under this subsection for a speci?c
periodof time; orimposeanyotherrequirements or prohibitionsthat the
Authorized Person deems necessary and advisable to minimize noise and
sound that would be liable to disturb the quiet, peace, rest, enjoyment,
comfort or convenience of persons in the vicinity.
If the Authorized Person considers any term or condition of a SpecialEvent Permit
to be breached, the permit shall forthwith becomenull and void.
There is no right of, nor reconsideration or appeal from, any decision of an
Authorized Person with respect to a SpecialExemptionPermit.
. RIGHT OF ENTRY
Pursuant to statutory powers induding section 16 of the CommunityCharter, a
Peace Officer or BylawOfficer may enter, at all reasonable times and after taking
reasonable steps to advise the owner or occupier, on any property to ascertain
whether the requirements of this Bylaware beingmet or the regulationscontained
in this Bylaw are being observed.
Town of QualicumBeachBylawNo. 706, 2016
Page 8 of 11
8.
SEVERANCE
No provision of this Bylawdepends for its validity on the validity ofany other
provision.
9.1
9.2
9.3
y
g 9.
OFFENCE
A person commits an offence and is subjectto the penalties imposedby this Bylaw,
theTownof QualicumBeachMunicipal Ticket Information
BylawNo. 626, as
amended from time to time, and the Of?mce
Act if that person:
a)
contravenes
a provision of this Bylaw;
b)
consents to, allows, or permits an act or thing to be done contrary to this
Bylaw;or
c)
neglectsor refrains from doing anything required by a provision of this
Bylaw.
For greater certainty, an owner of property who refrains from stopping that
owner's tenant from contravening this Bylawcommits an offence.
Each day an offence of a provision of this Bylawoccurs or continues, shall
constitute a distinct andseparate offence.
1o. PENALTIES
10.1
10.2
10.3
10.4
In addition to other bylaw enforcement powers, enforcement
of this Bylawagainst
a person may be by MunicipalTicket Information ("M'I'I")and if convicted, that
person shall be liable to pay the full amount
of the penalty and ?ne prescribed in
theTown of QualicumBeachMunicipalTicket Information BylawNo. 626, as
amended fromtime to time, to the Town of QualicumBeach.
For greater certainty, an owner of property who permits his or her tenant to violate
any provision of this Bylawis in violation of this Bylaw.
If the penalty indicated on a MTI is not paid, and the MunicipalTicket is not
disputed within fourteen (14)days of the date of service of MIT, the amount
in full
becomes due and payable to the Town of QualicumBeach.
Any person who fails to pay the penalty indicated may have the amount
transferred to a collection agent or be subjectto collectionthroughother legal
processes.
Town of Qualicum Beach Bylaw No. 706, 2016
Page 9 of 11
10.5
Every person who contravenes
any provision of this bylaw is considered to have
committed an offence against this bylaw and is liable on summary conviction, to a
fine of not more than Ten Thousand Dollars ($10,000),and each day that such
violation is caused, or allowed to continue, constitutes
a separate offence
11. REPEAL
This Bylawrepeals the Town of Qualicum Beach Noise Control Bylaw No. 552, 1994 and
all its amendments thereto.
READ A FIRST TIME this 5"' day of December, 2016.
READ A SECOND TIME this 6* day of February, 2017.
READ A THIRD TIME this 6"'day of February, 2017.
ADOPTED BY Town Council this 27"' day of February, 2017.
<Z1
Cbému
Heather Svensen
Tennis Westbroek
Corporate Administrator
Mayor
Schedule A - Application for Special Exemption Permit
Applicationfor exemption from the provisions of
Noise Control Bylaw
I/ We
of
Name of Individual or Organization
MailingAddress
Herebymake application for a permit exempting me / us from the provisions of the Noise Control Bylaw.
Locationforwhichtheexemptionis requested
Street Address
1.
Event:
2. Type of unlawful noise or sound (as described in Section 4 of the Noise Control Bylawor otherwise)
3.
Period for which the exemption is requested:
Starting at
AM / PM on
' Date
Ending at
AM/ PM on
Date
4.
Will there be any ampli?ed noise during the exemption period?
__;Yes, complete the following:Location':___*T%Time
Period Requested _
_
No
_indoors
AM/ PM
__outdoors
AM / PM
I/We have notified the owners or occupiersof the neighbouringproperties that are likelyto be affected by
noise for which the exemption is requested and their names, addresses, signatures and comments
have been
recorded on the reverse side of this application.
Name
Signature
Date
PERMIT
Permit approvedby Authorized Person on
20__
or
Permit denied by an Authorized person on
20_
Approved By:
__________:
_________
_________
Name
.
Signature
Date
Remarks & Conditions