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THE CORPORATION OF THE VILLAGE OF SALMO
BY-LAW NO. 216
A BY-LAW FOR REGULATING OR PROHIBITING THE MAKING OR CAUSING OF
NOISES OR SOUNDS IN OR ON HIGHWAYS, PUBLIC OR PRIVATE PLACES AND
PROPERTIES SITUATED IN THE VILLAGE OF SALMO.
WHEREAS it is deemed expedient and necessary to
regulate and prohibit the making or causing of noises or sounds
in or on highways; public or private places and properties
situated in the Village of Salmo, which disturb, or tend to
disturb, the quiet, peace, rest, enjoyment, comfort, or
convenience of the neighborhood, or of persons in the vicinity,
or which in the opinion of the Council of
The Village of Salmo are objectionable or liable to disturb the quiet,
peace, rest, enjoyment, comfort, or convenience of individuals or the
public.
, .-
NOW THEREFORE, THE Council of the Village of Salmo, duly
assembled, ENACTS AS FOLLOWS:-
1,
It shall be unlawful for any person to create, to make or to
cause a noise or sound in or on any highway, public or private
place or premises situated in the Village of Salmo which disturb,
or tend to disturb, the quiet, peace, rest, enjoyment, comfort,
or convenience of the neighborhood, or the public in the Village
of Salmo.
2.
It shall be unlawful for any person to create, to make or to
cause any noise or sound which in the opinion of the Council of
the Village of Salmo are objectionable or liable to disturb the
quiet, peace, rest, enjoyment, comfort, or convenience of
individuals or the public, in the Village of Salmo.
3.
No person shall play or operate any musical instrument or use
any apparatus for the production or amplification of sound on or
in any private or public places or property in the Village of
Salmo in such a manner as to unduly disturb the quiet, peace,
rest, enjoyment, comfort, or convenience of the neighbourhood,
or of the public.
4.
Nothing contained in Section three (3) hereof shall apply to
any motor vehicle or apparatus used by and under the control of
the Fire Department, Police Department or licensed ambulance or
for which use the Village of Salmo has granted approval in
writing.
5.
Between the hours of eleven (11) o'clock in the evening and
seven (7) o'clock in the morning no person shall:
a), carry on any works or activities in connection with the
construction, reconstruction, alteration or repair of
any building or structure, and
b), carry on any excavation, digging, or operation, and
c). operate any kind of equipment, machinery or engine,
to the disturbance of the quiet, peace, rest, enjoyment, comfort,
or convenience of the neighborhood or the public.
6.
Notwithstanding Section Five (5) hereof, in cases where it is
impossible or impracticable to comply with the provisions of
aforesaid section, or, when in the opinion of the Village of
Salmo circumstances warrant so, the Village of Salmo may approve
in writing such work, activities, or operation between the said
hours.
7.
The sound level of any motor vehicle with a licensed gross weight
in excess of 6,000 lbs. shall not exceed 85 dBA in a 30 miles per
hour zone and 92 dBA in higher speed zones.
8.
The sound level of all other licensed vehicles including motor-
cycles shall not exceed 80 dBA in 30 miles per hour zones and
85 dBA in higher speed zones.
9.
The owner of a motor vehicle shall be held responsible for any
violation of Paragraph 7 and 8 of this regulation or by any
person entrusted by the owner with the possession of that motor
vehicle: but where the motor vehicle is in the possession of a
person under contract by which he may become the owner of the
motor vehicle upon full compliance with the terms of the contract,
and in whose name alone the license if required for the operation
of the motor vehicle is issued nothing in this section shall
impose any liability on any other person as the owner of the
motor vehicle. On every prosecution of the owner of the motor
vehicle in respect of any offence within the scope of this
section, the burden of proving that the person so in possession
of the motor vehicle was not a person entrusted by the owner with
the possession of that motor vehicle is on the accused.
10.
The sound level of any m otor vehicle not specified in
Sections 7 and 8 engaged in industrial, commercial or
agricultural operations shall not exceed 94 dBA measured at a
distance of not less than 50 feet from the vehicle.
11.
The use of motor vehicles not licensed or covered in Sections: 7
and 8 this by-law and used for recreational pursuit shall not
produce sound levels in excess of 82 dBA measured at a distance
of not less than 50 feet from the sound source.
12.
The unnecessary use of motor vehicle horns or other legal
warning devices is prohibited. Warning devices may only be
used to avoid an accident by warning motorists or pedestrians.
13. The screeching of tires perceptible above the normal background
noise is prohibited.
14. Any emergency vehicles, snow-plowing equipment engaged in snow-
plowing of Municipal streets, any municipal equipment or
vehicles used for the repair of any municipal service or utility
or any other vehicles or equipment for which the Village has
granted a written approval are exempt from the provisions of
Section Five (5) hereof.
15.
Any person or persons guilty of an infraction of any of the
provisions of the By-law shall upon summary conviction be
liable to a penalty not exceeding the sum of five hundred
dollars ($500.00) and costs for each offence.
16.
This by-law shall be known and cited for all purposes as the
"Village of Salmo Anti-Noise By-law No, 216, 1979".
17.
This by-law shall come into force and take effect upon the
date of registration
READ a
first time this
10
day of
July
, 1979.
READ a
second "time this
10
day of
July
1979.
READ a
third time this
10
day of
July
' 1979.
RECONSIDERED and ADOPTED this 12
I hereby certify that this
is a true copy of By-law
No. 216 of the Villa e of
Salmo, cited as the
"Village of Salmo Anti-
Noise By-law No. 216,
1979".
Clerk
A true copy of By-Law No, 2 1 6
registered in the office of the Inspector
of Municipalities this 23rd day of
1979
Assistant Deputy Inspector of Municipalities