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CITY OF REVELSTOKE
BYLAW NO. 1940
Being a Bylaw to Regulate Noise Within The City Of Revelstoke
WHEREAS the Council of the City of Revelstoke, Province of British Columbia, deem it
necessary to regulate or prohibit noise that is liable to disturb the quiet, peace, rest, enjoyment,
comfort or convenience of individuals or the public.
NOW THEREFORE the Council of the City of Revelstoke, Province of British Columbia, in
open meeting assembled, enacts as follows:
1. DEFINITIONS
Authorized Person means a person appointed from time to time by City Council to enforce
and administer this Bylaw.
Construction Noise means any Noise created by or resulting from the construction, erection,
reconstruction, alteration, repair or demolition of any building or structure or the excavation
or filling of land in any manner.
Noise means any sound which is liable to disturb the quiet, peace, rest, enjoyment, comfort or
convenience of individuals or the public by being unreasonably loud or excessive. Sources
of noise can include but are not limited to:
(a)
sound amplifiers such as stereos or public address systems,
(b)
musical instruments,
(c)
cries of harboured animals,
(d)
intermittent or reiterated cries,
(e)
landing of a helicopter in a residential zone or on a property abutting
more than two properties where the primary use is a dwelling,
(f)
motorized equipment such as lawnmowers, generators, snow blowers,
motor boats, jet skies, dirt bikes, snowmobiles or similar devices, and
(g)
operation of any kind of equipment, machinery or engine.
Unreasonably loud or excessive noise means any noise deemed as such by an Authorized
Person based on the following factors:
(a)
the proximity of the sound to sleeping facilities,
(b)
the land use and zoning of the area from which the noise emanates and the
land use and zoning where it is received,
(c)
the time of day the noise occurs,
(d)
the duration of the noise,
(e)
the volume of the noise,
(f)
the nature of the noise,
(g)
whether the sound is recurrent, intermittent or constant; and
(h)
the nature of the event or activity from which the noise emanates.
Person means any individual, company, corporation, owner, partnership, firm, association,
society or party.
Special Event means an event of temporary nature which may include commercial activity
for profit, or, be organized by a non-profit society or individual, located on privately owned
lands within the City of Revelstoke or on land controlled by the City of Revelstoke.
2. GENERAL
2.1 No person shall cause or make Noise during Quiet Hours.
2.2 No person being the owner or occupier of any premises or any real property shall allow
or permit real property to be used to cause or make Noise during Quiet Hours.
2.3 No person or owner or occupier of any premises or any real property shall cause, make or
allow any Noise prohibited under Section 3 of this Bylaw at any time.
3. PROHIBITED NOISES
3.1 The following Noises are prohibited:
(a)
motor vehicles without a functional muffler,
(b)
excessive vehicle noise such as excessive use of horn, squealing of tires,
unattended car alarms, air horns, engine brakes or exhaust noise; and
(c)
unreasonably loud or excessive noise.
4. SPECIFIC REGULATIONS
4.1 Without limiting the generality of Section 2 of this Bylaw, the following specific
restrictions apply:
(a)
Quiet Hours
No person shall cause or permit noise of any kind, which by its nature is
reasonably interrupting or would tend to interrupt the sleep of a person in
the neighbourhood or vicinity, on a Monday to Saturday inclusive before
7:00 a.m. or after 11:00 p.m., or on a Sunday or statutory holiday before
9:00 a.m. or after 11:00 p.m.
(b)
Construction Noise
No person shall, on a Monday to Saturday inclusive before 7:00 a.m. or
after 8:00 p.m., or on a Sunday before 10:00 or after 4:00 p.m. engage in
or permit construction in such a manner as to create a noise.
(c)
Holiday Construction Noise - Business Noise
No person shall, as a business, engage in or permit construction on
property so as to create a noise on a statutory holiday.
5. EXEMPTIONS
5.1 The following are exempt from the contents of this Bylaw:
(a)
police, fire or other emergency vehicles for emergency purposes,
(b)
avalanche control operations,
(c)
snow making or grooming operations,
(d)
bells or chimes for the announcing of public worship services,
(e)
security or fire alarms,
(f)
the reasonable operation of a street sweeper, snow removal, garbage truck
or other road and parks maintenance machines and equipment by, or on
behalf of, public facilities, or on behalf of commercial, industrial or
institutional zoned properties,
(g)
emergency repairs, provided that the repairs are urgently necessary for the
preservation and protection of life, health, property or highways, but the
onus shall be on the person performing the work to show cause that the
work was of an urgent emergency nature,
(h)
horn or signaling device upon any vehicle, boat or train where such noise
is properly and necessarily used as a danger or warning signal,
(i)
any public event for recreational or entertainment purposes for which a
special events license has been issued, provided that written approval has
been obtained from an Authorized Person for an exemption,
(j)
any business or industry or agriculture established in accordance with
"City of Revelstoke Zoning Bylaw No. 1264" as amended or reenacted
from time to time, in any area designated as approved for that type of
operation provided that all precautions are taken according to the latest
and most up to date scientific methods for abating, controlling or limiting
noise, arising from the industry conducted and common to such trade or
industry so that the same may be as free from neighbourhood offence as
possible,
(k)
any work carried out during restricted hours with permission of an
Authorized Person, in writing, specifying the time during such restricted
hours when such work may be performed.
6. SPECIAL EXEMPTIONS:
6.1 A person may submit an application for exemption from the provisions of this Bylaw
to an Authorized Person regarding construction issues if it is impossible or impractical to
comply. Where an Authorized Person considers that it is impossible or impractical to
comply with Section 2, an Authorized Person may
(a)
exempt construction work from the provisions of section 4, and
(b)
determine the terms of an exemption under this subsection for a specific period of
time.
6.2 The applicant must demonstrate that the surrounding property owners have been
notified of the applicant's intent to vary the hours. Responsibility for obtaining written
approval lies with the person carrying on the work. An application for exemption must
be in writing and shall include the following:
(a)
the name, address and telephone number of the applicant;
(b)
the civic address of the location of the works or events;
(c)
the building permit number;
(d)
the reasons for the requested exemption;
(e)
a description of the source of noise in respect of which the exemption is sought;
(f)
the exact period of time for which the exemption is requested;
(g)
a statement of the measures planned or presently being taken to minimize the
noise or sound created; and
(h)
consent of neighbouring property owners / tenants within a one (1) block radius.
6.3 An application for exemption must be submitted to the City of Revelstoke within the
at least 10 business days before construction work.
7. PENALTY
7.1 Every person who contravenes any provision of this bylaw commits an offence
punishable on summary conviction (as prescribed in the Offence Act) and shall be liable
to a fine of not more than $ 2,000.00 (Two Thousand Dollars) or fines as prescribed
within the City of Revelstoke Ticket Information Utilization Bylaw No. 1780.
8. INSPECTION
8.1 An Authorized Person is authorized to enter, at any time upon any real property, to carry
out his / her investigation where he / she has reasonable grounds to believe that an
infraction of this Bylaw has occurred.
8.2 Refusal by any person to permit an Authorized Person to enter upon any real property
where such Authorized Person is lawfully engaged in his duties under this Bylaw shall
constitute an infraction of this Bylaw.
2. THAT City of Revelstoke Noise Bylaw No. 1172 is hereby repealed.
3. THAT this Bylaw may be cited for all purposes as City of Revelstoke Noise Bylaw
No 1940.
4. THAT this Bylaw shall take effect upon the date of its adoption by Council.
READ A FIRST TIME THIS 24th DAY OF March, 2009
READ A SECOND TIME THIS 24th DAY OF March, 2009
READ A THIRD TIME THIS 24th DAY OF March, 2009
ADOPTED BY CITY COUNCIL THIS 14th DAY OF April, 2009
_________________________________
______________________
Director of Corporate Administration
Mayor
Certified a true copy, this _____________ day of _____________, _______________.
__________________________________________