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The contents of this Bylaw are produced and consolidated for convenience only. Every effort has been made to
ensure the accuracy and completeness of the material, however, the Town cannot guarantee its legal accuracy and
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For such purposes certified copies of Bylaws must be obtained from the Municipal Clerk.
TOWN OF SIDNEY
BYLAW NO. 1689
A BYLAW TO REGULATE NOISE WITHIN THE TOWN OF SIDNEY.
WHEREAS under the provisions of the Local Government Act, the Council of a municipality is
empowered to enact a bylaw to regulate or prohibit the making or causing of noises or sounds in
or on a highway or elsewhere in the municipality 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, are objectionable or liable to disturb the quiet,
peace, rest, enjoyment, comfort, or convenience of individuals or the public, and may make
different regulations or prohibitions for different areas of the municipality.
NOW THEREFORE, the Council of the Town of Sidney, in open meeting assembled, enacts as
follows:
1.
Definitions:
(a)
Words defined in the Motor Vehicle Act being Chapter 318 of the Revised Statutes of
British Columbia, 1996 and the Local Government Act, being Chapter 323 of the
Revised Statutes of British Columbia, 1996, shall have the same meaning when
used in this bylaw unless defined in this bylaw or unless the context otherwise
requires.
(b)
In this bylaw, unless the context otherwise requires:
i.
Municipality - means the Town of Sidney or the area within the boundaries
thereof as the context may require.
ii.
Council - means the Council of the Town of Sidney.
iii.
Inspector - means the person or persons appointed from time to time by the
Municipal Council to enforce and administer this bylaw and shall include any
Peace Officer.
iv.
Noise - includes any loud outcry, barking, clamour, shouting or movement,
or any sound that is loud or harsh or undesirable.
v.
Peace Officer - shall be the same meaning as the Interpretation Act being
Chapter 238 of the Revised Statutes of British Columbia, 1996, plus the
person or persons who are appointed to enforce and administer this bylaw.
vi.
Person - includes any company, corporation, owner, partnership, firm,
association, society or party.
vii.
Property - means real property and includes land, other than a highway,
together with all improvements which have been so affixed to the land as to
make them in fact and in law a part thereof.
Page 2 - Noise Bylaw (Consolidated)
2.
General Regulations
(a)
No person shall make or cause, or permit to be made or caused, any noise in or on a
public or private place which disturbs or tends to disturb the quiet, peace, rest,
enjoyment, comfort, or convenience of any person or persons in the neighborhood or
vicinity.
(b)
No 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 neighborhood or vicinity.
(c)
No person shall play or operate any radio, stereophonic equipment or other
instrument or any apparatus for the production or amplification of sound either in or
on private premises or in any public place in such a manner as to disturb the quiet,
peace, rest, enjoyment, comfort or convenience of the neighborhood or of persons in
the vicinity.
(d)
Council may, at its discretion, waive sections of the Noise Bylaw for special events,
including but not limited to outdoor concerts, parades, festivals, etc.
(e)
No person shall own, keep or harbour any animal or bird which, by its cries unduly
disturbs the peace, quiet, rest or tranquility of the surrounding neighborhood or the
public at large.
(f)
No hawker, huckster, peddler, newsvendor, or other person shall by his intermittent
or reiterated cries, disturb the quiet, peace, rest, enjoyment, comfort or convenience
of individuals or the public.
(g)
No person shall use a saw, chain saw, or other equipment producing a similar level
of noise, unless in compliance with the following:
i.
The use is restricted to any one two-hour period between the hours of 8:00
a.m. and 7:00 p.m. on any day at any one site;
ii.
The use shall be to provide a product for home consumption only;
iii.
The use shall not be in a park, roadway, or other public place other than for
maintenance purposes authorized by the Inspector..
(h)
No person shall load, unload, deliver, collect, pack, unpack or otherwise handle any
containers, products, materials, or refuse whatsoever before 7:00 a.m. or after
9:00 p.m. in any residential area.
(i)
The Director of Engineering may, at their discretion, waive sections of the Noise
Bylaw for:
i.
minor special events that are amateur in nature, with expected spectator
attendance of less than 250;
ii.
sound systems used to address spectators at a public or private event; and
iii.
film production applications for use of public parks, facilities and roads.
Page 3 - Noise Bylaw (Consolidated)
j)
In residential neighbourhoods, the maximum permitted noise level of a constant
'hum', fan or heat pump, when the noise level is generated for over an hour at a time
on a regular basis shall be:
-
55 dBA from 7:00 am to 10:00 pm daily; and
-
45 dBA from 10:00 pm to 7:00 am daily.
Complainants are required to submit a report from a qualified acoustic consultant, at
their cost, which includes the noise measurements taken at property line and at least
1.2m above the surface of the group at a location that best represents the location at
which the noise or sound, emanating from the other property, is received and the
resulting disturbance is experienced. The Town will not reimburse the costs for such
tests.
k)
Notwithstanding Section 2, subsections 2(h) and 2(j) shall not apply to the areas
designated as Downtown Commercial, West Side Industrial, and Harbour Road
Marine in the Official Community Plan for the Town of Sidney.
l)
Notwithstanding Section 2, subsection 2(h) shall not apply to:
i.
the areas designated as Downtown Commercial (COM-1) and West Sidney
Commercial (COM-3) in the Official Community Plan for the Town of Sidney;
and
ii.
the area designated as Industrial (M1) and Marine Industrial (W1) in the
Zoning Bylaw for the Town of Sidney.
3.
Motor Vehicle Objectionable Noises and Sounds
(a)
Without limiting the generality of Section 2, the following noises or sounds are
believed by Council to be objectionable or liable to disturb the quiet, peace, rest,
enjoyment, comfort or convenience of individuals or the public:
(1.)
any noise or sounds produced within or outside a vehicle and created by the
following:
i.
a vehicle's engine or exhaust system when such noises or sounds are
loud, roaring or explosive;
ii.
any vehicle warning device except when authorized by bylaw;
iii.
a vehicle operated in such a manner that the tires squeal;
iv.
a load or tow of a vehicle which causes a banging, clanking, squealing, or
other like noise or sound due to improperly secured load or equipment, or
inadequate maintenance;
v.
a radio, television, tape player or other sound playback device, or
amplification equipment, or a musical instrument, which can easily be
heard by a person outside the vehicle.
Page 4 - Noise Bylaw (Consolidated)
4.
Construction Hours
(a)
Despite Section 2(a), 2(b) and 2(g), the following activities may be performed
during the times and days set out below unless further authorized by a permit.
Construction (including interior, exteriors, loading, deliveries, etc.):
-
Monday to Friday between the hours of 7:00 AM to 7:00 PM
-
Saturdays between the hours of 9:00 AM to 5:00 PM
-
Sunday and Statutory Holidays - Prohibited unless authorized by a Permit
Site Preparation, Grading and Servicing work:
-
Monday to Friday between the hours of 7:00 AM to 7:00 PM
-
Saturdays between the hours of 9:00 AM to 5:00 PM
-
Sundays and Statutory Holidays - Prohibited unless authorized by a Permit
Rock Breaking, Rock Drilling and Rock Crushing:
-
Monday to Friday between the hours of 8:00 AM to 5:00 PM
-
Saturdays, Sundays, and Statutory Holidays - Prohibited unless authorized by
a Permit
Blasting:
-
Monday to Friday between the hours of 8:00 AM to 5:00 PM
-
Saturdays, Sundays, and Statutory Holidays - Prohibited unless authorized by
a Permit
Pile Driving:
-
Monday to Friday between the hours of 8:00 AM to 5:00 PM
-
Saturdays, Sundays, and Statutory Holidays - Prohibited unless authorized by
a Permit
(b)
Sections 4.1 does not apply to home repairs or home maintenance on residential
property when carried out by the owner or occupier of the property on a Sunday
or Statutory Holiday between the hours of 10:00 AM and 5:00 PM.
(c)
Where it is impossible or impractical to comply with this section, the Director of
Engineering may give written approval to carry on the work that is found to be
necessary at designated hours. However, responsibility for obtaining written
approval lies with the person carrying on the work and/or the property owner.
5.
Other
(a)
Notwithstanding any provisions of this bylaw, a person may perform works of an
emergency nature for the preservation or protection of life, health or property, but
the onus shall be on the person performing the work to show cause that the work
was of an emergency nature.
(b)
The provisions of this bylaw shall not be deemed to apply to any emergency
vehicle.
6.
Penalty Section
(a)
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, who neglects to do or refrains from doing anything
required to be done by any of the provisions of this bylaw or who does any act
which violates 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.
Page 5 - Noise Bylaw (Consolidated)
(b)
Every person who commits an offence against this bylaw is liable to a fine and
penalty of not more than $2,000. and not less than $100. for each offence, and in
default of payment thereof, forthwith or within such time as the presiding
Provincial Court Judge of the Peace shall direct the fine imposed shall be
recoverable under the provisions of the Offence Act R.S.B.C. 1996, Chapter 338
and all amendments thereto.
7.
Repeal
Bylaw No. 819 and all amendments are hereby repealed.
8.
Citation
This Bylaw may be cited as "Noise Control Bylaw 1689, 2001".
Read a First time this
13th
day of August, 2001.
Read a Second time this
13th
day of August, 2001.
Read a Third time this
13th
day of August, 2001.
Reconsidered and finally adopted this
10th
day of September, 2001.
__________________________________
___________________________________
MAYOR
CORPORATE ADMINISTRATOR
_____________________
(amendment -01) - Bylaw 2089, May 2015
(amendment -02) - Bylaw 2139, August 2017
(amendment -03) - Bylaw 2168, January 2019
(amendment -04) - Bylaw 2250, May 2023